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…
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…
Federal law generally prohibits the disclosure of a patient’s protected health information without the patient’s consent. In certain instances, however, a patient’s acts may constitute a waiver of the right to object to other parties obtaining the patient’s health information. For example, if a patient files a medical malpractice lawsuit…
Whether a plaintiff in a Maryland medical malpractice case is awarded damages generally depends on the strength of the testimony provided by the plaintiff’s medical expert. Specifically, the expert must establish not only that the defendant departed from the standard of care but also that the deviation caused the plaintiff’s…
In Maryland, claims alleging medical malpractice must be filed within the time constraints set forth by the pertinent statute of limitations. Otherwise, the injured party may waive the right to recover damages. In cases involving claims against a federally funded facility, in addition to filing a lawsuit within the allotted…
In any Maryland medical malpractice case, it is critical for the plaintiff to retain a knowledgeable expert to explain the standard of care that the defendant was expected to uphold and the manner in which the defendant breached the standard. If a party fails to obtain competent expert testimony, it…
It is broadly understood that a party harmed by medical negligence must pursue claims against the health care provider that caused the alleged harm within the applicable statute of limitations. While normally the statute begins to run when the injury occurs, sometimes it will not accrue until the injury is…
In Maryland, a party alleging a doctor committed medical malpractice generally must produce proof of the allegedly tortious acts by way of an expert report. In some instances, though, when the act committed by a doctor is so obviously egregious, expert testimony is not required. Recently, a Maryland court addressed…
Generally, when people are harmed by incompetent medical care, the cause of their damages is readily apparent. In some instances, though, it may take months or years for the source of a person’s injury to be revealed. As such, the law often allows some leeway in when a plaintiff’s statute…
Under Maryland law, a plaintiff alleging harm due to medical malpractice must comply with the procedural requirements for recovering damages from the purportedly negligent provider, regardless of whether the plaintiff is also asserting claims under other legal theories. The repercussions of failing to abide by the procedural duties set forth…