Many people with critical health issues require blood transfusions. Blood donors typically undergo thorough screenings, and their donations are tested before they are given to patients, but sometimes errors occur that result in patients becoming ill due to contaminated blood. People hurt by tainted transfusions may be able to recover…
Baltimore Medical Malpractice Lawyer Blog
Court Discusses Recusal of Judges in Maryland Medical Malpractice Cases
In medical malpractice cases, as in all other matters, it is vital that the plaintiff receive a fair trial before an impartial judge. Thus, a plaintiff who believes a judge harbors an implicit bias can file a motion seeking recusal. It is equally important that a plaintiff follow the proper…
Maryland Court Discusses Proximate Cause in Medical Malpractice Wrongful Death Cases
Breast cancer is one of the leading causes of death in women, and early detection is critical to an increased chance of survival. While Maryland does not recognize a loss of chance of a favorable outcome as a viable claim in wrongful death cases, a practitioner can be held liable…
Maryland Court Affirms Dismissal of Malpractice Claims Against EMT Due to Lack of Evidence of Gross Negligence
EMTs and paramedics are often the first people to respond to calls regarding medical emergencies. Although they are not doctors, medical first responders are expected to abide by a certain standard of care and can be held liable when their reckless acts cause physical harm. Proving an EMT should be…
Maryland Court Distinguishes Negligence and Medical Malpractice Claims
Not all harm that arises in the context of medical care necessarily constitutes malpractice. And so if a patient who suffers harm during the process of treating with a physician wishes to seek redress via a civil lawsuit, it is prudent that the patient consults with an attorney to ensure…
Court Discusses Evidence Needed to Sustain Medical Negligence Claims
Advances in surgical methods allow patients to avoid many of the dangers traditionally associated with invasive procedures. Surgery is not completely without risk, though, and complications can arise that can lead to devastating harm, such as the loss of a limb. Recently, a federal district court discussed whether a defendant’s…
Maryland Court Allows Plaintiff to Proceed with Informed Consent Claim Against Embryologist
Some people are unable to conceive a child naturally and rely on assisted reproductive technology (ART) to grow their families. In many instances, ART involves relatively new medical practices and procedures, the risks of which are unknown. Thus, a patient that suffers damage due to an undisclosed risk of an…
Court Discusses Medical Malpractice Claims and the Maryland Tort Claims Act
Many people who live in Maryland obtain care from facilities owned or funded by the State of Maryland. A patient that suffers harm due to the careless acts of a practitioner working in a State medical center may be able to recover damages in a medical malpractice lawsuit, but in…
District Court Discusses the Standard of Care in Medical Malpractice Cases
In medical malpractice cases, the plaintiff must produce testimony from an expert that both establishes the standard of care and supports the argument that the defendant deviated from the standard. Thus, if a plaintiff’s expert fails to set forth evidence of the applicable standard, the expert may be disqualified, and…
Court Explains Expert Qualifications in Maryland Medical Malpractice Cases
Maryland medical malpractice claims typically hinge on the strength of the plaintiff’s medical expert’s opinion. If a plaintiff’s expert is precluded from testifying, therefore, it is unlikely that the plaintiff will be able to recover any damages. However, only certain parties are permitted to offer expert testimony and proposed experts…