Articles Posted in Maryland Medical Malpractice Law

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 ›

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 ›

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 ›

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 ›

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 ›

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 ›

In order to recover damages in a Maryland medical malpractice case, the plaintiff must not only prove that the defendant deviated from the standard of care but also that said departure caused the plaintiff’s harm. As discussed in a recent Maryland opinion, if a plaintiff fails to establish either component of medical malpractice, their claims will be dismissed. If you were hurt by incompetent medical care, it is sensible to talk to a Maryland medical malpractice lawyer about your possible claims as soon as you can.

Case Background

It is reported that the decedent suffered from chronic cirrhosis, hepatitis B, and hepatitis C, which eventually led to his death. He received medical care from the defendant during his time in a federal facility between September 2015 and March 2017. Thirteen individual healthcare providers, employed or contracted by the defendant, were involved in the decedent’s care. The plaintiff claims that the medical care the decedent received was so inadequate that it amounted to medical malpractice under Maryland law.

Specifically, the plaintiff alleged that the decedent suffered repeated life-threatening esophageal bleeds and should have been referred to a specialist, like a gastroenterologist, who could perform outpatient procedures to monitor and treat his condition and should have been treated for his chronic hepatitis B infection. The defendant moved for summary judgment. Continue Reading ›