Articles Posted in Maryland Medical Malpractice Law

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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 challenging, as demonstrated in a recent Maryland case. If you or a loved one has been harmed due to inadequate medical treatment, it is in your best interest to consult a knowledgeable Baltimore medical malpractice attorney who can help you understand your rights and options.

Factual Background and Procedural History

It is reported that the plaintiff, an inmate at a Maryland correctional facility, filed a lawsuit alleging both medical malpractice and deliberate indifference to his serious medical needs. The plaintiff contended that facility medical providers failed to diagnose and properly treat his pulmonary sarcoidosis for over a year. According to the allegations, he first presented with a persistent dry cough, chest pain, and breathing difficulties in May 2016. He was initially prescribed an expectorant and later an albuterol inhaler, but his symptoms did not improve.

It is alleged that medical personnel ordered diagnostic tests, including chest x-rays and a pulmonary evaluation at the University of Maryland Medical System (UMMS). A CT scan performed in March 2017 reportedly suggested pulmonary sarcoidosis, yet subsequent biopsies were inconclusive. The plaintiff was not definitively diagnosed until an endobronchial ultrasound in July 2017 confirmed granulomatous lymphadenitis, a condition associated with sarcoidosis. He was then prescribed prednisone in August 2017, which allegedly improved his symptoms. Continue Reading ›

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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 which a decedent’s family sought compensation following her death. If you or a loved one suffered harm because of incompetent medical care, you may be owed damages, and it is smart to talk to a trusted Baltimore medical malpractice attorney as soon as possible.

Factual Background and Procedural Setting

It is reported that the decedent, a patient suffering from multiple sclerosis and associated complications, was admitted to the defendant healthcare center for treatment of infected ulcers. Her condition reportedly deteriorated over two weeks of hospitalization, during which her treatment plan shifted to hospice care. Allegedly, the family was neither informed of this change nor consented to hospice care, resulting in increased dosages of narcotic painkillers and the discontinuation of antibiotics. The patient’s condition worsened, and she passed away.

Reportedly, the patient’s family filed a wrongful death and survival action, asserting that the hospital breached the standard of care by failing to secure informed consent and improperly administering pain medication. The hospital denied liability, contending that the patient’s treatment conformed to accepted medical standards and that her death was attributable to her underlying medical conditions. The jury found in favor of the plaintiffs, and the defendant appealed. Continue Reading ›

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Maryland law sets stringent requirements for proving causation in birth injury cases, including standards governing the admissibility of expert testimony. In cases where expert opinions are deemed unreliable or lack a sound basis, courts may exclude such testimony, thereby precluding claims from proceeding. A recent Maryland case involving a birth injury highlights the necessity of presenting scientifically validated expert opinions when alleging medical negligence. If you believe your child’s injury resulted from medical negligence, you should consult with an experienced Maryland medical malpractice attorney who can clarify your legal rights.

Case Setting

It is alleged that the plaintiffs, the parents of a child born prematurely, filed a medical malpractice lawsuit against the defendant hospital, asserting that negligent prenatal care and delayed delivery led to their child’s severe brain injuries and subsequent diagnosis of spastic diplegic cerebral palsy. Reportedly, the mother initially presented at the hospital with decreased fetal movement at around 29 weeks of pregnancy. It is alleged that after several days of monitoring, the defendant’s doctors discharged her, citing normal fetal heart rate patterns.

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Victims hurt by negligent medical treatment will often pursue claims against their providers. While they may be able to seek damages via other claims as well, they must offer facts sufficient to support such causes of action; otherwise, they will be dismissed. This was illustrated in a recent ruling in which the court found that the plaintiff’s medical malpractice claims were adequate to proceed, but his claims asserting violations of consumer protection laws were vague and general and, therefore, must be dismissed. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

History of the Case

It is alleged that the plaintiff, acting as power of attorney for the patient, filed a lawsuit against a hospital and three of its doctors, alleging negligence in the emergency medical care provided to the individual in June 2022. The patient, after experiencing severe chest pains, was transferred to the hospital, where he was diagnosed with an ascending aortic dissection and underwent emergency surgery. Post-surgery, the patient exhibited symptoms of confusion and disorientation, which the doctors noted but delayed in ordering an MRI to assess the potential neurological damage.

Reportedly, the MRI, conducted a week later, revealed that the patient had suffered a stroke, leading to significant long-term impairments. The plaintiff initially filed a complaint with two counts: medical malpractice and negligent infliction of emotional distress. The negligent infliction of emotional distress claim was later withdrawn and replaced with a consumer protection claim. The defendants moved to dismiss the consumer protection claim, leading to the court’s review. Continue Reading ›

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Medical malpractice can cause grave injuries that not only cause physical and emotional pain but also significant financial losses. Victims of medical malpractice can often recover damages for their harm via civil lawsuits, but the amount recoverable depends, in part, on the type of compensation granted and statutory damages caps. For example, in a recent Maryland case, a woman was awarded $1.5 million for harm sustained in an improperly performed gallbladder surgery, but her damages will be reduced in accordance with Maryland law. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

The Facts of the Case

It is reported that a medical malpractice suit adjudicated by a jury in St. Mary’s County resulted in a $1.5 million verdict against a hospital and its surgeon. The plaintiff, a woman who underwent gallbladder removal surgery, alleged that the surgeon had negligently left part of her gallbladder behind during the procedure. Following the initial surgery, the plaintiff experienced severe abdominal pain and multiple emergency visits. A CT scan performed in July 2021 revealed the presence of a remnant gallbladder.

Allegedly, subsequent medical evaluations and an additional surgery in April 2022 confirmed the remnant, which contributed to ongoing pain and required further surgical intervention. The hospital contended that the surgical difficulty was due to the patient’s unusual anatomy, though this was not documented in the surgical report. The plaintiff’s case included claims of negligence, asserting that the surgeon failed to recognize and address the incomplete removal and did not inform her of the partial procedure. Continue Reading ›

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Unfortunately, it is not uncommon for the negligence of healthcare providers to harm patients. People who suffer such injuries may be able to pursue medical malpractice claims against the parties responsible for their damages and in some instances, may be able to pursue other claims as well. Regardless of the nature of their claims, they must comply with any jurisdictional and procedural requirements to avoid unintentionally waiving their rights, as discussed in a recent Maryland ruling. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.

 Case Setting

It is reported that the plaintiff, acting without legal representation, filed an initial complaint against the defendant, claiming medical malpractice and negligence. She alleged that the defendant failed to provide appropriate medical care when she sought treatment for a severe asthma attack at the defendant’s emergency facility. She further claimed that this failure, motivated by racial discrimination, led to lasting health issues, including traumatic vertigo and symptoms of acute coronary artery disease. The plaintiff based her case on federal question jurisdiction but did not initially cite a specific statute.

Reportedly, the court noted that the Emergency Medical Treatment and Labor Act (EMTALA) might be relevant and directed the plaintiff to clarify the basis for federal jurisdiction. In response, the plaintiff amended her complaint to include an EMTALA violation along with her state-law claims of medical malpractice and neglect. The defendant then moved to dismiss the amended complaint, arguing primarily that the plaintiff’s claims were improperly presented as an EMTALA issue when they were actually state-law malpractice claims, which required arbitration before court action. The plaintiff did not respond to the motion to dismiss. Continue Reading ›

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It is not uncommon for people to receive medical care from federally funded facilities. If the treatment rendered at such facilities hurts rather than helps patients, they may be able to pursue medical malpractice claims. Claims against the federal government can be complicated, however, as people pursuing such claims must abide by any applicable procedural rules, and if they fail to do so, their claims may be dismissed, as discussed in a recent Maryland ruling. If you were harmed by incompetent medical care, it is important to understand your rights, and you should talk to a Baltimore medical malpractice attorney promptly.

Factual and Procedural History

It is reported that the plaintiff, a patient who received treatment for suicidal ideation, initiated a lawsuit against a medical services provider and two of its employees who were responsible for his care. The plaintiff alleged that one employee failed to follow up with him as promised, and the other employee informed him that only one medication would be prescribed, and if it did not work, no further assistance would be provided. The plaintiff claimed that these failures in his medical care directly caused him continued suffering and self-harm, amounting to medical malpractice.

Allegedly, the defendants subsequently removed the case to federal court, as the medical services provider was deemed an employee of the Public Health Service (PHS) under the Federal Tort Claims Act (FTCA). The court ordered that the United States be substituted as a defendant for the medical services provider, given its status as a PHS employee acting within the scope of its employment. The plaintiff, however, did not effectuate service on the two individual employees, either before or after the case was moved to federal court. The United States filed a motion to dismiss the case, arguing that the court lacked subject matter jurisdiction due to sovereign immunity under the FTCA and that the plaintiff failed to properly serve the individual defendants.

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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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