Physicians take an oath affirming that they will not harm the people they treat. Thus, a physician can be held liable for engaging in behavior that is harmful to their patients. Additionally, Maryland law allows physicians to be held accountable for failing to involuntarily admit a patient to prevent the…
Generally, a plaintiff alleging a healthcare provider should be held liable for medical malpractice under Maryland law must provide a report from a medical expert to prove the healthcare provider’s liability. The plaintiff must not only produce an expert report on the issue of causation but must also produce the…
In Maryland medical malpractice cases, a plaintiff must show that the defendant’s negligence caused the plaintiff’s harm. In cases in which the plaintiff alleges the defendant’s negligence caused the wrongful death due of a loved one, however, the defendant may be able to argue that the loss of chance doctrine…
Maryland has specific laws regarding the procedures a person must comply with in the pursuit of damages for medical malpractice. If an injured party fails to comply with the requirements, it may result in a dismissal of the claim. However, a failure to abide by the proper procedure does not…
In Maryland, there are numerous acts that may give rise to a medical malpractice lawsuit. For example, a patient may pursue claims against a practitioner for failing to properly diagnose the patient in a timely manner or operating on the wrong part of the patient’s body, which may constitute medical…
Many medical facilities throughout Maryland receive funding from the federal government. Simply because an entity is federally funded does not mean it is immune from medical malpractice claims. However, a plaintiff seeking damages for malpractice that occurred at a health care facility that is considered a government establishment must comply…
In an attempt to reduce frivolous claims, the Maryland legislature enacted the Maryland Health Care Malpractice Claim Act (the Act), which requires, in part, that a person who wishes to pursue medical malpractice claims must file a statement of claim and a Certificate of a Qualified Expert and Report (CQE)…
When a person dies because of medical malpractice, the person’s family has the right to seek damages via a civil lawsuit. Specifically, the family members may seek compensation via a wrongful death and survival action. While generally the location of the harm is in the same jurisdiction as the deceased…
Seeking damages for harm caused by negligent medical care is typically a complicated process that few people possess the skills to navigate without the assistance of an attorney. For example, pro se parties that pursue medical malpractice claims without the benefit of legal counsel are often unaware of the procedural…
While some medical malpractice claims involve straightforward facts, in other instances, the circumstances surrounding a party’s harm are complicated, and it is not immediately clear who is responsible or what steps are necessary to pursue damages. Any time a person is harmed by negligent healthcare, however, it is prudent for…