Articles Posted in Maryland Medical Malpractice Law

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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.

Continue Reading ›

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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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