Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that…
In Maryland, people seeking treatment from a healthcare provider have the right to expect competent care, even if incarcerated. If they subsequently receive substandard care, and suffer harm as a result, they may be able to pursue claims against the parties responsible for their harm, but establishing liability can be…
The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands…
In Maryland, informed consent and medical malpractice are distinct claims that carry different burdens of proof. As such, whether a healthcare provider obtained a patient’s informed consent is generally irrelevant to a medical malpractice claim. There are few exceptions, though, as discussed in a recent Maryland medical negligence case in…
While medical malpractice cases often stand alone, it is not uncommon for a plaintiff to pursue medical negligence and product liability claims in the same action. As discussed in a recent Maryland ruling in which the plaintiff sought damages following a hip replacement, such actions are generally permissible as long…
In Maryland, defendants in medical malpractice claims will often try to divert blame to avoid liability. For example, they may attempt to assert that the plaintiff assumed the risk of the harm they ultimately suffered. The assumption of the risk defense only applies in limited circumstances, however, as discussed in…
In Maryland, determining liability in medical malpractice cases often involves a detailed examination of the actions of all parties involved. In some cases, this may include an assessment of the potential liability of third-party practitioners. This was demonstrated in an opinion recently issued by a Maryland court that highlights the…
Under Maryland law, the doctrine of informed consent requires that healthcare providers disclose information that is material to a patient’s decision-making regarding their medical treatment. This duty extends to communicating risks, alternatives, and other essential information that would allow patients to make informed decisions. Recently, a Maryland court issued an…
Maryland courts require expert testimony in medical malpractice cases to help juries understand complex medical information. However, not all expert testimony is admissible, as illustrated in a recent Maryland case in which the court considered whether a pharmacist’s testimony was relevant and appropriate in a claim involving informed consent. If…
Medical malpractice lawsuits are complex, and plaintiffs pursuing such claims must adhere to strict procedural rules to succeed. Sadly, the failure to comply with court-mandated deadlines or provide adequate evidence can result in the dismissal of claims, as illustrated by a recent Maryland case. If you or a loved one…