Articles Posted in Expert Witnesses

Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do not have to practice in the precise specialty as the defendant, as discussed in a recent Maryland case. If you were harmed by a careless physician, it is important to understand what evidence you must offer to recover damages, and you should speak to a Maryland medical malpractice attorney as soon as possible.

Procedural History of the Case

It is alleged that the defendant surgically removed the plaintiff’s dental implants and installed replacements. The procedure required the defendant to create bone grafts and place the implants. The procedure ultimately failed, causing the plaintiff extreme pain. The plaintiff developed an infection and had to undergo additional surgery to remediate the issues caused by the initial procedure.

Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant. In conjunction with his complaint, he submitted a certificate of qualified expert, as required under Maryland law. The defendant moved to strike the certificate and dismiss the plaintiff’s complaint on the grounds that the expert was not qualified. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

While there are exceptions, expert testimony is generally needed to establish the standard of care and causation in Maryland medical malpractice cases. Thus, if a plaintiff pursuing medical malpractice claims fails to offer the opinion of an expert, their claim may be dismissed, as shown in a recent opinion issued in a Maryland medical malpractice matter. If you were hurt by negligent medical care, you have the right to pursue damages, and it is smart to talk to a Maryland medical malpractice attorney as soon as possible.

The Plaintiff’s Claims

It is asserted that the plaintiff treated with numerous health care providers when he was confined to a state facility for chronic pain that he suffered following a car accident. He asserts that he suffered permanent injuries due to delays and inadequate care. As such, he filed a lawsuit against the defendants, the providers who treated him during his confinement, asserting medical malpractice and other claims. Prior to trial, the defendants moved for summary judgment on the grounds that the plaintiff failed to submit the opinion of a qualified expert in support of his claims.

The Use of Expert Testimony in Maryland Medical Malpractice Matters

The court granted the motion and dismissed the plaintiff’s medical malpractice claims. The court explained that expert testimony plays a key role in medical malpractice cases. Specifically, the prevailing belief is that in cases involving the negligence of a professional, expert testimony is usually needed to establish the standard of care, a breach of the standard, and causation. Continue Reading ›

Most laypeople do not have independent knowledge regarding the level of care doctors must provide to their patients. Thus, in a case in which a plaintiff alleges that a physician breached the applicable standard of care and committed malpractice, the plaintiff typically must provide an expert report in support of his or her position. The need for expert testimony in a medical malpractice case was the topic of a recent opinion issued in a case in which the plaintiff asserted medical negligence claims against the defendant. If you suffered injuries because of inept medical treatment, you might be owed damages, and you should speak to a Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

Reportedly, the plaintiff received care at a hospital managed by an agency of the federal government for an ulcer. He was prescribed medication and discharged but later developed periodontitis. He then filed a medical malpractice lawsuit against the federal government pursuant to the Federal Tort Claims Act, arguing that the medication caused his periodontitis and other harm. Following the close of discovery, the defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing in part that the plaintiff failed to produce expert testimony in support of his claims.

Expert Testimony in Medical Malpractice Cases

The court explained that, under the relevant law, the plaintiff was required to demonstrate the applicable standard of care, a departure from the standard by the defendant, and a causal relationship between the departure and the plaintiff’s harm. Typically, the court noted, each of these elements must be established by expert testimony in medical malpractice cases. Continue Reading ›

Under Maryland law, filing a certificate from a health care provider is a prerequisite to any plaintiff wishing to pursue a medical malpractice lawsuit against a board-certified health care provider. Not only must the plaintiff file a certificate, but also the certificate must be from a provider in the same specialty as the defendant or a related specialty. In a recent malpractice case against a transplant surgeon, the Court of Special Appeals of Maryland evaluated the specifics of the certificate requirement, including who is qualified to issue the certificate. If you sustained damages due to a negligently performed surgery, it is critical to retain an experienced Maryland medical malpractice attorney to assist you in pursuing damages from the provider that caused your harm.

Facts Regarding the Plaintiff’s Treatment

It is alleged that the plaintiff suffered from end-stage kidney disease. As a result, she obtained a kidney transplant at the defendant hospital. The surgery was performed by the defendant doctor, who was a board-certified surgeon specializing in kidney transplantation. The plaintiff ultimately filed a medical malpractice lawsuit against the defendants, asserting that the defendant doctor departed from the applicable standard of care by transplanting an incompatible kidney in the plaintiff.

Reportedly, prior to filing her lawsuit, the plaintiff filed a certificate and report from a licensed nurse practitioner who was certified in coordinating clinical transplants. The defendants filed a motion for summary judgment, arguing that the plaintiff failed to meet the Maryland requirement that a plaintiff must file a certificate from a health care provider in the same field as the defendant prior to filing a medical malpractice lawsuit.

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Under Maryland law, every medical malpractice case requires testimony from an expert witness. In fact, Rule 5-702 denotes that expert testimony may be admitted if the court decides that the testimony will help the trier of fact (either the judge or jury) understand the evidence or determine a fact at issue in the case. The expert witness in a medical malpractice case is typically a professional in the same specialty as the defendant. For example, if the defendant is an obstetrician, the expert witness will likely be an obstetrician.

In a recent case, a Maryland appeals court considered the issue of expert witnesses. In that case, the plaintiff brought a medical malpractice claim against her doctor for failing to obtain informed consent. Informed consent is the process through which a medical professional discloses appropriate information to a patient so that the patient knows the material risks and benefits associated with a particular course of treatment and can make an informed decision about whether or not to proceed.

In the case at hand, the defendant was the plaintiff’s obstetrician throughout two of her pregnancies in the early 2000s. The plaintiff’s first child was a healthy newborn with no sign of harm to the newborn’s shoulder. However, the child’s chart revealed conflicting information about whether the child had suffered shoulder dystocia. A past shoulder dystocia can increase the likelihood of dystocia in the next child, but this prospect was not taken into account for the plaintiff’s second pregnancy. During the second birth, the plaintiff’s baby suffered shoulder dystocia, which led to a serious and permanent birth injury.

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According to the American Chiropractic Association, Americans spend at least $50 billion each year on back pain. Back pain can interrupt many aspects of an individual’s day-to-day life, which is why many will turn to a chiropractor for help. While chiropractors offer medical treatment for more than just back pain, this is the reason why many patients initially visit. When you consult a chiropractor, you expect that your condition will improve, not get worse. Unfortunately, chiropractic malpractice happens quite often in Maryland and throughout the United States. If you or someone close to you has been injured due to a chiropractor’s negligence, it is important to seek the help and guidance of a skilled Baltimore medical malpractice attorney.

Chiropractic work is a form of alternative medicine. A chiropractor is a health care professional focused on the diagnosis and treatment of misalignments of the joints. Specifically, chiropractors treat patients through manual adjustment or manipulation of the spine, which often is related to other disorders affecting the nerves, muscles, and organs. Most chiropractors aim to reduce pain and improve the functionality of patients.

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In Hannon v. Mercy Med. Ctr., Inc., the plaintiffs, surviving sons of the deceased, filed a medical malpractice claim on their own behalf and on behalf of their father’s estate, alleging that the doctor and hospital that treated the deceased failed to adhere to the standard of care required of medical professionals in Maryland.

Medical malpractice claims are rooted in the theory of negligence. Negligence refers to the failure of an individual or entity to use the level of care and caution an ordinary person would use in the same or similar circumstances. That failure to use the appropriate level of care and caution must result in harm in order for negligence to be established. In the context of medical malpractice, medical negligence refers to the failure of a health care provider to use the level of care that another health care provider in the same specialty would use in the same situation. For example, a nurse’s conduct would be compared to another nurse’s conduct in the same situation.

After the plaintiffs’ repeated failures to comply with discovery requests and their supposed lack of cooperation with their lawyers in handling the case, the attorneys communicated their intent to withdraw as counsel as permitted under Maryland Rule 2-132(b). This took place three months prior to trial. The court granted the lawyers’ request to withdraw.

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When you have been the victim of medical malpractice, it can be hard to know what to do next. Dealing with the harm is hard enough, and we know the last thing you want to think about is filing a lawsuit. At Arfaa Law Group, our compassionate Baltimore medical malpractice attorneys can analyze the facts of your case and advise you about how to proceed. We will try to make the process as seamless as possible for you.

Medical malpractice litigation often requires using expert witnesses. These witnesses are needed to educate the jury regarding complicated medical issues that often come up in a medical malpractice trial. Finding an expert can be extremely challenging, and the qualifications of the medical expert in your case will vary according to the facts of your case.

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