Articles Posted in Failure to Treat

During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed a plaintiff’s medical malpractice claim arising out of the negligent treatment of COVID-19 in a patient who later passed away. If you lost a loved one or sustained injuries because of inadequate medical treatment, it is in your best interest to confer with a Maryland medical malpractice lawyer about what damages you may be able to recover.

The Facts of the Case

It is reported that the decedent was admitted to the defendant’s hospital for the treatment of asthma. She was on dialysis at the time as well. She was tested for COVID-19 upon admission, and her test results were negative. During her stay, however, she was placed in a room with a patient being treated for COVID-19. The decedent tested positive for COVID-19 shortly thereafter. She declined rapidly and was placed on a ventilator. Sadly, she succumbed to the illness; her cause of death was listed as pneumonia and COVID-19.

Allegedly, the plaintiff filed a wrongful death action against the defendant on behalf of the decedent’s estate. In her complaint she asserted a single count of medical malpractice, in which she alleged the defendant’s negligence in exposing the decedent to COVID-19 and failing to provide her with adequate care caused her death. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were immune pursuant to COVID-19 laws in effect at the time of the decedent’s care. Continue Reading ›

While it rarely occurs, it is possible for a medical provider that causes a patient harm to commit other grievances as well. As such, a person harmed by medical malpractice may assert numerous causes of action in one lawsuit against the provider that caused their harm, and in many instances, such matters are pursued in the federal courts. Whether the federal courts will exercise jurisdiction over state medical malpractice claims depends on multiple factors, as discussed in a recent Maryland ruling in which the court ultimately dismissed the plaintiff’s case in its entirety. If you were harmed by a negligent healthcare provider, you have the right to seek damages for your losses, and you should speak to a skilled Maryland medical malpractice lawyer as soon as possible.

Procedural History of the Case

It is reported that the plaintiff was housed in a federal facility when he sustained an injury to his left hand. He sought treatment for his injury from a nurse in the facility. He was diagnosed with a “boxer’s fracture” and treated with an arm sling, a wrap, and a splint. At some point, he refractured his finger. He alleges that after his second fracture, he did not receive pain medication or a wrap to stabilize his finger for three weeks.

Typically, people suffering from critical medical issues will visit an emergency department of a hospital. Medical professionals working in emergency departments triage patients according to the severity of their complaints, and it is unfortunately not uncommon for a patient to have to wait for an extended period of time prior to receiving treatment. Delays in treatment, absent some degree of harm, do not typically constitute medical negligence, as was discussed in a recent ruling in which the court dismissed the plaintiff’s claims against a hospital due to a lack of damages. If you suffered harm because of inadequate care in an emergency room, it is in your best interest to speak to a lawyer about your rights.

The Plaintiff’s Care

Allegedly, the plaintiff visited the emergency department of the defendant hospital with complaints of dizziness and a rapid heartbeat and breathing. He was checked in, and shortly thereafter, a nurse took his vital signs. He was then assessed by a doctor and underwent a series of diagnostic exams. After an extended wait, a second doctor advised the plaintiff he was being discharged. He was sent home without a diagnosis half an hour later. The plaintiff then filed a lawsuit against the defendant, alleging in part that the defendant committed medical negligence by failing to properly treat the plaintiff. The defendant filed a motion to dismiss the plaintiff’s claims, which the court ultimately granted.

Demonstrating Medical Negligence

Upon review, the court found that the plaintiff’s medical negligence claim was insubstantial, in that the plaintiff failed to allege the facts necessary to recover under the applicable laws. Specifically, the court noted that in order to establish the defendant’s negligence, the plaintiff must demonstrate that the defendant owed a duty of care to the plaintiff, the defendant’s behavior constituted a breach of the duty owed and that damages to the plaintiff’s interests were proximately caused by the defendant’s breach. The court elaborated that proving the defendant’s negligence would require the plaintiff to establish the standard of care by showing what a reasonably prudent physician practicing in the same specialty as the defendant would have done in the same or similar circumstances. Continue Reading ›

People harmed by negligent medical care have the right to seek compensation from the providers that caused their harm. There are certain requirements a person must comply with prior to pursuing medical malpractice claims, though, and the failure to do so can result in the waiver of the right to recover damages. The conditions precedent to pursuing a claim against a health care practitioner were the topic of a recent opinion issued by a Maryland court in a case in which the plaintiff alleged harm due to the defendant provider’s failure to provide the necessary care. If you were hurt by negligent care, it is prudent to meet with a dedicated Maryland medical malpractice attorney to determine what evidence you need to prove liability.

The Plaintiff’s Harm

It is alleged that the plaintiff fractured his finger while playing basketball. A plate was surgically installed in his finger. It was then recommended that he undergo physical therapy and subsequent surgery, but both were delayed several times by the defendants, who were two different health care providers. He never received the follow-up surgery or physical therapy and currently suffers from chronic pain, numbness, and limited range of motion.

Reportedly, the plaintiff filed a claim with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) against the defendant and filed certificates of qualified experts. He then filed a medical malpractice case against the defendants, arguing their negligent care caused his harm. The second defendant filed a motion to dismiss, which the court granted. Continue Reading ›

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