Articles Posted in Maryland Medical Malpractice Law

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People who pursue medical treatment are entitled to receive competent care, no matter where their treatment occurs. If the care provided is substandard, they may have grounds to pursue claims against their healthcare providers. While the location of their care does not impact the standard their treatment providers should be held to, it may impact their claims. Specifically, if care provided to people detained in federal facilities is inadequate, under certain circumstances, it may give rise to civil rights claims as well as medical malpractice claims. Generally, such claims are pursued in federal court. If the civil rights claims are subsequently dismissed, the medical malpractice claims may be dismissed as well, as demonstrated in a recent Maryland case. If you experienced harm due to inadequate medical care, it is recommended to consult with a Baltimore medical malpractice lawyer at your earliest convenience to discuss your options.

History of the Case

It is reported that the plaintiff instituted a lawsuit against the defendants, alleging civil rights violations and other claims arising out of the improper diagnosis and treatment for an injury to his right arm and shoulder. The plaintiff claimed that the physician assistant assumed without proper evaluation that his pain was due to a muscle strain and recommended daily exercises and ibuprofen. Despite persistent pain, the plaintiff was only prescribed Tylenol and Gabapentin by a doctor a month later.

The plaintiff alleged that throughout the treatment process, numerous administrative and logistical issues, including lost x-rays and delayed referrals, impeded his treatment. His condition ultimately led to surgery for three torn tendons in January 2017, which was followed by complications, including an infection due to improper postoperative care. The defendants moved to dismiss the plaintiff’s claims. As the defendants attached documents to their motion, the court treated their motion as a motion for summary judgment. Continue Reading ›

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When children suffer harm due to negligent medical care, their parents will often pursue claims against the providers responsible for their injuries on their behalf. In doing so, the parents must ensure they comply with any applicable rules as if they fail to do so, the court might dismiss their claims, as demonstrated in a recent Maryland medical malpractice ruling. If your child suffered injuries because of the carelessness of a doctor, it is smart to confer with a Baltimore medical malpractice lawyer as soon as possible.

History of the Case

It is alleged that before the minor plaintiff’s birth, doctors identified congenital defects in her trachea and esophagus. Immediately after birth, a surgeon from a national children’s medical center operated on the minor plaintiff at a military medical center in Maryland to correct these defects. Post-surgery, the minor plaintiff experienced severe complications, prompting her transfer to a children’s hospital in Massachusetts for further surgeries.

It is reported that the plaintiffs, alleging medical negligence during the initial surgery and subsequent care at WRMC, filed suit under the Federal Tort Claims Act, naming the  military medical center and the surgeon as defendants and seeking damages against the United States. The Federal Tort Claims Act mandates that claimants exhaust administrative remedies, including presenting claims with a specified “sum certain” of damages to the federal agency involved, before suing in federal court. The defendants moved to dismiss the plaintiff mother’s claims for lack of subject matter jurisdiction. Continue Reading ›

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People experiencing critical health concerns will often visit emergency departments with the expectation that they will receive a timely diagnosis and appropriate care. Unfortunately, that is not always the case, and delayed and missed diagnoses can lead to grave harm. As discussed in a recent Maryland medical malpractice case, a plaintiff who demonstrates a defendant’s careless delays caused them harm may be able to recover damages. If you were hurt by negligent medical care, it is wise to confer with a Baltimore medical malpractice lawyer about your rights.

History of the Case

It is reported that the plaintiff presented to the defendant hospital with symptoms of severe swelling, pain, and immobility in her left hand and arm, which progressively worsened over four days. Despite consultations and some imaging, no definitive diagnosis was made, and appropriate urgent surgical actions were not taken. On the fifth day, the plaintiff sought treatment at another medical center, where she was diagnosed and treated, but by then, significant and irreversible tissue damage had occurred.

Allegedly, the plaintiff, accompanied by her spouse, filed a lawsuit alleging medical malpractice claims against several medical professionals at the defendant hospital and the defendant hospital itself, claiming their failure to promptly diagnose and treat her necrotizing fasciitis led to permanent disability and loss of consortium. A subset of the defendants moved for summary judgment. They contended that even if their standard of care was breached, it did not cause the plaintiff’s permanent injuries. The plaintiffs opposed the motion. Continue Reading ›

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People who experience alarming symptoms will typically seek medical attention, in hopes of obtaining an accurate diagnosis and appropriate care. Sadly, however, doctors often fail patients by ignoring their symptoms until their health has deteriorated past the point of return. In such instances, the impacted patients can often recover substantial damages, as demonstrated by a recent Wicomico County verdict in excess of $3 million in a case arising out of a missed cancer diagnosis. While many cannot compensate for the loss of one’s health, it may alleviate some of the financial concerns associated with treating cancer. If you suffered harm due to a doctor’s failure to diagnose cancer, it is smart to talk to a Baltimore medical malpractice lawyer about your possible claims.

The Wicomico Case

It is reported that a recent medical malpractice lawsuit in Wicomico County, Maryland resulted in a record $3.38 million verdict, marking the largest of its kind in the county’s history. The case alleged that the defendant radiologist failed to appropriately evaluate, treat, and report the plaintiff’s medical condition, leading to a devastating progression from stage I to stage IV cancer. The jury, comprised of six individuals, unanimously ruled in favor of the plaintiff after careful consideration of the evidence presented.

According to the complaint, the plaintiff initially noticed a small lump in front of her right ear in March 2021. After consulting medical professionals and undergoing a contrast-enhanced soft tissue neck CT at Peninsula, the radiologist classified the scan’s results as a “normal variant” and did not recommend further testing or treatment. However, by July 2021, the plaintiff noticed that the mass had grown larger, prompting her to seek further medical attention. Subsequent testing revealed the progression of her cancer, necessitating surgery in January 2022. Continue Reading ›

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Cosmetic procedures, generally, aim to improve people’s appearances. Nonetheless, they are medical treatments that must be rendered with appropriate skill and care. If they are not, complications can arise, and the responsible parties may be liable for malpractice. In many instances, it is not immediately clear who is involved in performing such procedures. Thus, it sometimes becomes necessary to amend medical malpractice complaints. In a recent Maryland ruling, the court discussed when such amendments are permitted. If you sustained harm due to an improperly performed surgical procedure, it is smart to meet with a Baltimore medical malpractice attorney to evaluate your options.

Factual and Procedural Background

It is reported that the plaintiff initiated a medical malpractice lawsuit against several parties, including the defendant doctor and the defendant hospital, after undergoing plastic surgery at the defendant hospital in June 2021. The plaintiff alleged negligence claims against the defendant doctor and the hospital’s employees, arguing their carelessness caused her to develop bilateral compartment syndrome and incur extensive medical expenses.

Allegedly, during discovery, the hospital produced a document, signed by the defendant doctor, indicating his supervisory role over physician assistants caring for his patients. The plaintiff sought to amend the complaint to assert that the defendant doctor was an ostensible agent of the hospital despite the deadline for amendments having passed. The defendant hospital opposed the motion, arguing the amendment was untimely and allowing it would be prejudicial. Continue Reading ›

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The COVID-19 pandemic was an unprecedented event that changed most aspects of people’s lives, including their expectations with regard to medical care. Specifically, during the pandemic, Maryland passed a law providing statutory immunity to medical providers acting in good faith during the health emergency.  In a recent Maryland ruling issued in a medical malpractice case, a court discussed the parameters of this statute, ultimately dismissing the plaintiff’s claims against the defendant. If you were hurt by inadequate medical care, it is wise to meet with a Baltimore medical malpractice lawyer to weigh your potential claims.

History of the Case

It is reported that the plaintiff, who experienced medical issues at the onset of the COVID-19 pandemic in 2020, visited the emergency department at the defendant medical center twice in April. During the first visit, she exhibited symptoms consistent with COVID-19 and reported potential exposure to the virus. Despite this, she was not tested for COVID-19 due to the testing criteria in place at the time. On her subsequent visit three days later, she again displayed symptoms suggestive of COVID-19 but was discharged without being tested.

It is alleged that following further medical complications, the plaintiff instituted a medical malpractice lawsuit against the defendant medical center alleging negligence. The defendant medical center sought summary judgment arguing they had statutory immunity under Maryland law, as they acted in good faith under a catastrophic health emergency proclamation. The circuit court granted the defendant medical center’s motion, prompting the plaintiff ‘s appeal. Continue Reading ›

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Under Maryland law, people harmed by incompetent medical care have the right to assert medical malpractice claims against the providers responsible for their losses. They must act promptly, however, because if they wait too long to seek compensation, they may waive the right to do so. It may not always be clear when harm arises, and the statute of limitation begins to run, though. As explained in a recent Maryland medical malpractice case, a cause of action accrues when negligence first causes a patient harm. If you were hurt by ineffectual medical care, it is advisable to contact a Maryland medical malpractice attorney to discuss your possible claims.

Facts of the Case

It is alleged that the plaintiff began experiencing numbness in her hands in 2008. That same year, she consulted the defendant and underwent MRI studies. In 2010, she developed balance and pronunciation issues, leading to another MRI and consultation with the defendant. Over the years, she experienced various symptoms, leading to a diagnosis of multiple sclerosis in 2017. In 2020, the plaintiff filed a medical negligence claim against the defendant. The defendants moved for summary judgment, asserting that the claims were time-barred under the statute of limitations. The trial court granted the defendant’s motion, and the plaintiff appealed.

Statute of Limitations in Medical Malpractice Cases

On appeal, the court viewed the facts of the case in a light most favorable to the plaintiff but ultimately affirmed the trial court ruling. In doing so, the court noted that the central issue was the determination of when the injury occurred for statute of limitations purposes. The defendants argued that the symptoms the plaintiff experienced in 2011 constituted an injury, making her claim time-barred. The plaintiff contended that the harm sufficient to trigger the statute of limitations did not occur until her MS diagnosis in 2017. Continue Reading ›

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It is not uncommon for parties in medical malpractice actions to ultimately settle instead of proceeding to trial. In such instances, the settlement agreement is enforceable. As such, if the defendant does not make payments as required under the agreement, the plaintiff can file a complaint for confessed judgment in order to recover the amount owed in the settlement, as discussed in a recent Maryland case. If you were harmed by the negligence of a healthcare provider, it is smart to contact a Maryland medical malpractice lawyer to discuss your rights.

Procedural Setting of the Case

It is alleged that the plaintiff filed a Complaint for Confessed Judgment against the defendant doctor and medical practice in August 2023. The case was referred to the undersigned to a court which subsequently noted uncertainty about its subject matter jurisdiction over the dispute and allowed the plaintiff to submit an Amended Complaint addressing the jurisdictional issue. The plaintiff complied by submitting an Amended Complaint for Confessed Judgment.

Reportedly, the background of the case involved a medical negligence lawsuit initiated by the plaintiff against the defendants in April 2014. In July 2020, a settlement agreement was reached during a settlement conference, and the court dismissed the case, documenting the settlement terms. The settlement agreement required the defendants to make payments to the plaintiff in installments. The dispute in the present case arose when the defendants failed to make the seventh and eighth installments, leading to the Amended Complaint. Continue Reading ›

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The law does not require people pursuing medical malpractice claims to be represented by an attorney. In most instances, though, it is prudent for people harmed by incompetent medical care to seek legal counsel, otherwise, they may unintentionally waive their right to recover damages by making procedural errors. This was illustrated in a recent Maryland case in which the court dismissed the plaintiff’s complaint for failing to meet the federal pleading standards. If you sustained losses because of deficient medical care, it is in your best interest to meet with a Maryland medical malpractice lawyer about your options for seeking justice.

Case History

It is reported that the plaintiff filed a medical malpractice complaint pro se, and submitted an application for leave to proceed in forma pauperis. The plaintiff appeared to allege personal injury at the defendant’s nursing facility, medical malpractice at a hospital in Chicago, and the termination of her worker’s compensation benefits by the state of Illinois.

Allegedly, the complaint also mentioned legal malpractice without clear connections to the named defendants. The allegations further deteriorated, with the plaintiff asserting that a “microchip” had been implanted inside her, unnamed individuals were plotting her murder, and she had been targeted for other reasons. The court reviewed her complaint to determine if it met the pleading requirements established by federal law. Continue Reading ›

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Under Maryland law, people who are not adequately advised of the risks associated with a procedure may be able to seek compensation via informed consent claims. In a recent opinion issued in a lack of informed consent case, the court discussed what evidence a plaintiff must produce to show that they suffered harm other than what was disclosed as a potential risk or that they could not provide valid consent. If your doctor failed to inform you of the risks of a procedure and you suffered harm as a result, you should meet with a Maryland medical malpractice lawyer to determine your options for seeking damages.

Procedural and Factual History

It is reported that the plaintiff was diagnosed with a relapse of Grave’s disease and underwent thyroidectomy surgery at the defendant’s medical center in October 2016 after alternative treatments failed. Following the surgery, the plaintiff claimed to have suffered injuries allegedly caused by the procedure. he filed a pro se lawsuit, alleging that he was not properly informed about the risks associated with the surgery, specifically, the risks to his laryngeal nerve, vocal cord, and parathyroid glands.

Allegedly, the plaintiff also alleged medical malpractice during the surgery and post-operative care. The parties filed cross-motions for summary judgment on the medical malpractice claim, and the court granted summary judgment in favor of the defendant. A bench trial was conducted to address the remaining informed consent claim. Continue Reading ›

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