Articles Posted in Maryland Medical Malpractice Law

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Typically, people pursuing medical malpractice claims will file their lawsuits in the state where their harm occurred, but that is not always the case. While plaintiffs generally have the right to determine where to file their lawsuits, when the court presiding over a matter sits in a different state than where the cause of action arose, there may be a dispute over which state’s laws apply. Recently, a Maryland court faced this issue, ultimately determining that the application of Virginia rather than Maryland law was appropriate. If you were harmed by a healthcare provider, you may be owed damages, and you should consult a Maryland medical malpractice attorney as soon as possible.

Factual Background

It is reported that the defendant performed a liposuction procedure on the plaintiff in the defendant’s office in Virginia. The plaintiff subsequently suffered permanent physical and emotional injuries. She filed a lawsuit against the defendant and other entities in Maryland, alleging breach of the standard of care and lack of informed consent. After a five-day trial, the jury found in favor of the plaintiff, awarding her substantial damages. The court then capped the damages, pursuant to Maryland law. The plaintiff appealed, arguing that the trial court erred in applying Maryland’s law on the limitation of non-economic damages when the failure to obtain informed consent and the medical malpractice occurred in Virginia.

Determining Which State’s Laws Apply in Medical Malpractice Cases

On appeal, the plaintiff asserted that Maryland adhered to the principle of lex loci delicti, which applied the substantive law of the place where the harm was done. She argued that the harm, including the lack of informed consent, the pain caused during the procedure, and the infection from the surgery, took place in Virginia.

 

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Maryland law allows people who suffer harm due to negligently rendered medical care to seek compensation in a medical malpractice lawsuit. Even if there is ample evidence of inadequate treatment, however, medical professionals will often seek to have the claims against them dismissed prior to trial. As recently explained by a Maryland court, however, such requests for dismissals will only be granted if there is no genuine dispute as to whether the provider harmed their patient. If you sustained losses due to the carelessness of your treatment provider, it is advisable to meet with a Maryland medical malpractice lawyer to discuss your rights.

Facts of the Case

It is reported that the plaintiff was housed in a federal facility when he slipped and fell down a flight of stairs, injuring his wrist. He sought medical attention from a doctor employed by the defendant, who observed swelling and angulation in the plaintiff’s wrist and recommended an emergency room visit. The plaintiff visited an emergency room on the same day, where X-rays confirmed a fracture of the distal radius. The emergency room staff treated him and advised him to follow up with an orthopedist within a week.

Allegedly, upon returning to the facility, the plaintiff reported to the doctor employed by the defendant, who was aware of the recommended orthopedist visit. However, the doctor did not enter a consult request conforming to the recommendation until approximately four weeks later. Eventually, the plaintiff was seen by an offsite orthopedic surgeon who recommended surgery as soon as possible. He underwent surgery a month later, but it failed to fully treat his wrist, leading to additional surgeries and procedures in the following years. The plaintiff subsequently brought a medical malpractice lawsuit against the defendant. Following discovery, the defendant moved to dismiss the plaintiff’s claims. Continue Reading ›

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People harmed by negligent medical care will often seek damages from the parties responsible for their losses via medical malpractice claims. Under Maryland law, however, before filing a complaint, a plaintiff must file a claim with the Health Care Malpractice Claims office, and if they fail to do so, they may be precluded from proceeding with their lawsuit, as demonstrated in a recent Maryland case. If you were injured by an incompetent doctor, you might be able to recover damages, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

Facts of the Case

It is reported that the plaintiff suffered harm during a stay at the defendant’s facility. Specifically, she was injured in two accidents; in the first, she fell from the bed due to the facility’s alleged failure to secure the mattress properly, and in the second, she fell again while being lifted to the bed. She then filed a lawsuit against the defendant three days before the statute of limitations expired.

Allegedly, the defendant moved to dismiss the case, arguing that the plaintiff did not file her claims in the Health Care Malpractice Claims office (HCMCO), as required by Maryland’s Health Care Malpractice Claims Act (the Act). The trial court granted the defendant’s motion to dismiss, and the plaintiff appealed. Continue Reading ›

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In most medical malpractice cases, the defendant will contest both liability and damages. In some instances, though, the defendant will concede fault but will argue that the plaintiff failed to adequately support their request for damages or that certain compensation should not be granted. Recently, a Maryland court addressed the issue of whether a plaintiff should be able to make a per diem request in closing arguments when the defendant had been precluded from presenting evidence regarding the plaintiff’s medical bills or lost wages at trial, ultimately ruling that the request was proper. If you were hurt by a negligent doctor, it is smart to talk to a Maryland medical malpractice lawyer about what damages you may be able to recover.

Facts of the Case

It is reported that the plaintiff, a former inmate, sued the defendant, a company that provides medical services to correctional facilities, for misdiagnosing his fractured wrist, which later required extensive surgery. The defendant admitted liability, and the case went to trial on damages. The plaintiff sought non-economic damages only, and the court granted his motion to exclude evidence of medical bills and lost wages. During the trial, the plaintiff’s expert testified that the delay in treatment caused a permanent injury.

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In Maryland, dentists are considered healthcare providers, which means, among other things, they can be held liable for medical malpractice. A plaintiff pursuing medical malpractice claims against a dentist must not only offer evidence sufficient to demonstrate liability, but they must also comply with the applicable rules of procedure. If they fail to do so, their claim may be dismissed, as demonstrated in a recent ruling issued in a dental malpractice case filed in a Maryland federal court. If you suffered harm due to the carelessness of a dentist, it is wise to confer with a Maryland medical malpractice lawyer about what claims you may be able to pursue.

Case History

It is alleged that the plaintiff suffered harm due to inadequate dental care that he received while incarcerated. He subsequently filed a lawsuit in federal court, alleging the dentist was negligent. He also requested to proceed with the lawsuit without paying the filing fee because of his status. The court granted his in forma pauperis request but decided to dismiss the case based on the grounds that it did not meet the requirements necessary for a successful claim.

Pursuing Medical Malpractice Claims Against Dentists Under Maryland Law

The court noted that the plaintiff claimed that the defendant denied his constitutional right to adequate medical care but failed to set forth facts sufficient to support his claim. While the plaintiff alleged negligence on the part of the defendant, the court pointed out that negligence or malpractice is not enough to make a constitutional claim for inadequate medical care. Continue Reading ›

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Many people struggle to conceive children or carry a pregnancy to term. Luckily, advances in medicine and technology allow people to become parents in non-traditional ways, including through the use of a gestational carrier. There are risks associated with working with a gestational carrier, however, including the possibility that the carrier’s underlying health conditions may lead to complications during pregnancy. Thus, they typically must undergo a stringent screening process; if a doctor fails to vet a gestational carrier appropriately, it can lead to serious issues and, as demonstrated in a recent Maryland case, likely constitutes malpractice. If you were harmed by a doctor’s recklessness, it is in your best interest to contact a Maryland medical malpractice lawyer about your possible claims.

Procedural History of the Case

It is reported that the plaintiffs entered into a gestational carrier contract with a woman who failed to disclose her pregnancy complications. The plaintiffs’ doctor proceeded with an embryo transfer without receiving prior medical records or clearance from the carrier’s regular obstetrician, which resulted in the carrier developing severe preeclampsia and delivering prematurely at 25 weeks. The infant died 21 days after birth. The plaintiffs filed a medical malpractice lawsuit against the doctor and the fertility center, and the case proceeded to trial. The jury ultimately awarded the plaintiffs over $40 million. The defendants appealed on numerous grounds, including the assertion that the trial court admitted improper rebuttal evidence from the plaintiff mother.

Rebuttal Evidence in Medical Malpractice Cases

On appeal, the defendants argued that the trial court erred by allowing the plaintiff mother to provide improper rebuttal testimony that addressed matters already addressed in the plaintiffs’ case-in-chief. The plaintiffs disagreed, arguing that the defendant’s testimony went beyond plaintiff mother direct testimony by introducing new evidence, and it was necessary that plaintiff mother was able to rebut her testimony so the jury would not be left with an “erroneous impression.” Continue Reading ›

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Many people in Maryland receive medical care in federally funded facilities. If the care they receive is inadequate, and they suffer harm as a result, they have the right to seek damages via medical malpractice claims. Such claims must be pleaded carefully, however, as pleading errors can result in the dismissal of a plaintiff’s case, as illustrated in a recent opinion issued by a Maryland court. If you suffered harm because of negligent health care, you should speak to a Maryland medical malpractice lawyer about your possible claims.

The Plaintiff’s Allegations

It is reported that the plaintiff filed a complaint alleging medical malpractice and negligence claims against the United States of America and numerous individual defendants pursuant to the Federal Tort Claims Act (the Act). The claims alleged that the individually named defendants failed to provide the defendant with adequate medical care following surgery to repair dislocated and fractured bones in his left hand, causing his injury to worsen when he was housed in a federal facility. The defendants moved, inter alia, to dismiss the plaintiff’s claims against the individually named defendants on the grounds that they were barred by the Act.

Pursuing Medical Malpractice Claims Under the Federal Tort Claims Act

The court granted the defendants’ motion to the extent that it sought dismissal of the claims against the individual defendants. In its opinion, the court explained that the Act must be narrowly construed. Thus, pursuant to the Act, any claim alleging harm caused by the negligence of federal employees may not be brought against individual employees of the federal government who were acting within the scope of their employment when the allegedly harmful conduct occurred. Continue Reading ›

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Maryland imposes strict requirements on parties that wish to pursue medical malpractice claims. Specifically, among other things, the Maryland Code dictates that a person that wants to seek damages from a health care provider for harm related to their treatment must first fulfill certain procedural requirements. If they neglect to do so, their claim will most likely be dismissed, as demonstrated in a recent opinion issued by a Maryland court. If you were harmed by inadequate medical treatment, it is wise to talk to a Maryland medical malpractice lawyer to determine your possible claims.

The Plaintiff’s Allegations

It is reported that the plaintiff and his wife sought fertility treatment from the defendant. They underwent an IVF procedure, during which ten eggs were retrieved and fertilized. Due to COVID-19, embryo transfers were prohibited for a period of time. The plaintiff requested and ultimately received a transfer of the couple’s embryos to another facility. Due to dissatisfaction with communication with the defendant, a dispute over charges, and other issues, the plaintiff filed a medical malpractice lawsuit asserting claims against the defendant. The defendant moved to dismiss the plaintiff’s complaint due to procedural defects. The court granted the motion, and the plaintiff appealed.

Procedural Requirements for Seeking Damages for Medical Malpractice

On appeal, the court affirmed the trial court ruling. The court explained that a plaintiff that wishes to pursue a medical malpractice case must submit a claim to the Health Care Alternative Dispute Resolution Office (HCADRO) Director. They must also file a Certificate of Qualified Expert with the HCADRO director. Filing the claim and certificate with the HCADRO director are conditions precedent that must be met prior to filing an action in court. Continue Reading ›

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It is an unfortunate fact that people confined to federal facilities are often the victims of incompetent medical care. In such instances, they have the right to seek compensation for their losses. As with any other civil claim asserted under Maryland law, they must abide by procedural rules, and if they neglect to do so, their claims may be dismissed. If you sustained harm at the hands of a neglectful health care provider, it is in your best interest to confer with a Maryland medical malpractice attorney to discuss your rights.

The Plaintiff’s Harm

It is reported that the plaintiff was confined to a federal facility. When he first arrived, he told a staff member that he required a special diet due to health issues. Regardless, he received a normal diet. Throughout the course of his confinement, he requested medical care for various issues, including a swollen and bloody eye following an assault, a facial fracture, and other issues, but was denied treatment each time.

It is alleged that the plaintiff filed a lawsuit seeking claims against the nurse that worked in the facility, the medical provider that offered care in the facility, and other entities, alleging he was denied medical care and seemed to allege that the plaintiff was the victim of medical malpractice. One set of defendants filed an answer followed by a motion for judgment on the pleadings, while another filed a motion to dismiss or, in the alternative, a motion for summary judgment. The plaintiff did not file a response to either motion. The court, upon reviewing the plaintiff’s complaint and the defendants’ motions and briefs, found in favor of the defendants and granted their motions. Continue Reading ›

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Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide a cause of action for pursuing claims against healthcare providers. Recently, a Maryland court discussed what a patient seeking damages under the EMTALA must prove to prevail. If you suffered harm due to insufficient care during a medical emergency, it is smart to speak to a Maryland medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the plaintiff was bitten by a Cane Corso dog when he was walking around his neighborhood. He returned home, where he proceeded to have a panic attack. He then called an ambulance and was transported to the defendant’s hospital. When he was at the hospital, he was asked if he had health insurance and stated that he did not.

Allegedly, after the conversation, the plaintiff asserts that the hospital staff did not follow critical screening protocols or the standard screening or treatment for dog bites. He was ultimately discharged with medication. He continued to complain of pain and panic attacks as a result of the dog bite. He subsequently filed a lawsuit against the defendant, asserting EMTALA claims. The defendant then moved to dismiss the plaintiff’s lawsuit. Continue Reading ›

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