College athletes generally accept the risk that they may suffer injuries in a game. If an injured student receives incompetent medical care, their injuries may become exacerbated. Simply because a student waives the right to seek damages from a university for harm suffered while playing a sport does not mean…
Under Maryland law, a plaintiff pursuing medical malpractice claims must comply with certain prerequisites. For example, they must file a statement of claim, certificate of qualified expert and report, and claim form with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO) within six months of the date of harm.…
The duties and standards of care imposed on medical professionals are not within the understanding of the average person. As such, in most Maryland medical malpractice cases, the plaintiff will need to hire an expert to explain such matters to the jury and to establish causation. There are requirements a…
Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean…
It is not uncommon for Maryland hospitals to hire doctors to work as independent contractors in their emergency rooms. If such physicians make mistakes that ultimately make mistakes that harm patients, the hospital typically will not be held vicariously liable for the doctor’s negligence. There are exceptions, though, such as…
While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to…
For various reasons, many medical malpractice cases never proceed to trial; some are settled while others are resolved via summary judgment. Either party can seek a summary judgment and the burden of proof is the same for both plaintiffs and defendants. Recently, a Maryland court discussed what a party must…
Doctors accused of committing medical malpractice will often try to avoid liability by claiming factors other than their negligence caused their patients harm. For example, they may argue that an outside force intervened and brought about the injury in question, thereby superseding their fault. Recently, a Maryland court examined superseding…
Advances in medicine have greatly improved the treatment options for many people suffering from cancer. A prompt diagnosis is key to a good prognosis, however. Thus, missed or delayed diagnosis often negatively impacts a person’s health and long-term survival rates, and doctors that fail to diagnose their patients with cancer…
Patients generally anticipate that their treatment providers will provide them with thorough and adequate care. If a physician carelessly neglects to live up to such an expectation, it may cause their patient to suffer significant harm. Additionally, depending on the environment in which the doctor’s negligence occurs, it may be…