Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation. Medical malpractice cases are typically complex, however, and involve an intricate interplay of legal and factual issues. As such, people…
Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they typically must comply with the requirements imposed by the Federal Tort Claims Act (FTCA), as their claims will…
Many parents are apprehensive about the births of their children. While a variety of concerns may cause expectant parents anxiety, they rarely anticipate that they will lose their child due to the incompetence of their treatment providers. Unfortunately, some fetuses suffer harm before birth that is ultimately fatal, and in…
Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a client’s interests, it may withdraw from the case. In doing so, however, the…
In an opinion delivered in July, the Court of Special Appeals of Maryland ruled that Maryland’s wrongful death statute must be strictly construed, and therefore, a decedent’s beneficiaries cannot recover damages by showing that the defendant’s negligence shortened the life of the decedent, unless they establish that the defendant also…
It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the…
Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must establish, the core element is a doctor-patient relationship. If a plaintiff cannot establish that such a relationship existed, it will…
Many medications cause known side effects. Typically, however, a doctor prescribing a drug will determine the benefits outweigh the dangers of taking them. Doctors cannot make this determination for their patients, though, and therefore they have an obligation to advise them of the risks of harm associated with the treatment…
In Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as some are protected from disclosure by privilege. In a recent Maryland ruling issued in a hospital malpractice case, a court…
While people generally do not think of bankruptcy and medical malpractice claims as related, a recent ruling issued in a Maryland medical malpractice case suggests otherwise. Specifically, the court found the doctrine of judicial estoppel barred a plaintiff’s medical malpractice claims due to the position she took in an unrelated…