In Maryland, plaintiffs in medical malpractice cases must file a certificate of a qualified expert who attests to the defendants’ deviations from the applicable standard of care and their role as the proximate cause of the alleged injury. If a plaintiff fails to meet this requirement or their certificate is…
Maryland’s federal court typically lacks original jurisdiction over medical malpractice matters. However, the court may exercise supplemental jurisdiction over these claims when they are part of the same case or controversy as claims that do fall within the court’s original jurisdiction. If the claims providing the original jurisdiction are dismissed,…
Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must…
Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must…
Maryland has particular rules that parties who wish to pursue medical malpractice claims must follow. Specifically, they must produce a certificate of a qualified expert asserting that the defendant breached the standard of care and that said breach proximately caused their harm. If the plaintiff fails to meet this requirement,…
In Maryland, if a doctor negligently performs a surgical procedure in a hospital, both the doctor and the hospital may be liable for the patient’s harm. Determining the proper parties to sue in a medical malpractice case can be challenging, though, as in some matters, parties will take measures to…
Under Maryland law, people harmed by incompetent medical care have the right to assert medical malpractice claims against the providers responsible for their losses. They must act promptly, however, because if they wait too long to seek compensation, they may waive the right to do so. It may not always…
In medical malpractice cases, to establish liability and damages the plaintiff will typically have to retain one or more medical experts. As such, it is not uncommon for a defendant to try to defeat a plaintiff’s claims by arguing that their expert should not be permitted to testify. As discussed…
It is not uncommon for parties in medical malpractice actions to ultimately settle instead of proceeding to trial. In such instances, the settlement agreement is enforceable. As such, if the defendant does not make payments as required under the agreement, the plaintiff can file a complaint for confessed judgment in…
The law does not require people pursuing medical malpractice claims to be represented by an attorney. In most instances, though, it is prudent for people harmed by incompetent medical care to seek legal counsel, otherwise, they may unintentionally waive their right to recover damages by making procedural errors. This was…