In Maryland, dental malpractice claims, like other allegations of medical malpractice, must typically be proven via expert testimony. Thus, if a court deems a plaintiff’s expert testimony inadmissible, it will likely result in a ruling in favor of the defendant. If an expert report is sufficient under the evidentiary standards,…
Baltimore Medical Malpractice Lawyer Blog
Court Discusses Pleading Requirements in Maryland Medical Malpractice Cases
Medical malpractice actions are generally complex, and Maryland law imposes greater evidentiary and pleading standards on plaintiffs pursuing negligence claims against medical providers. A plaintiff that fails to abide by the obligations imposed by the Maryland Health Care Malpractice Claims Act (HCMCA) runs the risk of having his or her…
Maryland Court Declines to Toll Statute of Limitations in Psychiatric Malpractice Case
People suffering from mental illnesses often require medication to manage their symptoms and enable them to lead typical lives. Thus, if a doctor fails to prescribe a patient necessary psychiatric medication and the patient suffers harm as a result, it may constitute medical malpractice. In Maryland, medical malpractice claims generally…
Maryland Court Discusses Discovery Rule in a Dental Malpractice
While people typically think of malpractice cases arising in the context of treatment for conditions of the body, dentists can be liable for malpractice as well. Dental malpractice claims, like other claims against health care providers, must be filed within the statutory time frame; otherwise, the injured party may waive…
Maryland Court Discusses the Standard for Transfer for Forum non Conveniens in Medical Malpractice Cases
People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to determine where the case will be filed and what court will preside over the matter. Defendants have the right to…
Maryland Court Discusses the Impact of Improper Evidence in Medical Malpractice Cases
There are numerous claims a person harmed by incompetent medical care may pursue. For example, a person may assert a medical malpractice claim or failure to obtain a patient’s informed consent claim. While parties can pursue both claims in one action, they each have different elements that must be proven…
Maryland Court Discusses Apparent Agency in Medical Malpractice Cases
People who suffer traumatic injuries in car accidents are often transported to hospitals for medical treatment. If the care they receive while hospitalized is inadequate, though, it may compound their harm and cause new trauma. While hospitals can be held accountable for the harm caused by their employees, it is…
Maryland Court Discusses the Right to Recover Wrongful Death Damages in Cases Involving the Late Diagnosis of a Terminal Illness
Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast cancer is not curable, it is treatable, and some people are able to live for several years…
Court Discusses Contributory Negligence in the Context of Medical Malpractice
When healthcare providers face liability for incompetent medical care, it is uncommon for them to admit fault. In some cases, they may go as far as to blame the plaintiffs for the injuries they sustained, arguing their carelessness caused or contributed to their harm. In Maryland and many other jurisdictions,…
Maryland Court Discusses Federal Jurisdiction Over Medical Malpractice Claims
It is not uncommon for injuries caused by medical malpractice to occur simultaneously with other harm. In such cases, the injured party may be able to pursue numerous causes of action in a single lawsuit. Depending on where the matter is filed, though, the dismissal of one claim may result…