Articles Posted in Maryland Medical Malpractice Law

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Pursuant to Maryland law, people harmed by medical malpractice have the right to seek compensation via civil claims. Parties that file medical malpractice lawsuits must comply with procedural rules, however, otherwise their claims may be dismissed, regardless of whether they have merit. This was emphasized recently when a Maryland court affirmed the dismissal of a medical malpractice case due to the plaintiff’s failure to properly serve the defendant. If you sustained losses because of negligent medical care, you might be owed compensation, and you should speak to a Maryland medical malpractice attorney about what you must do to establish liability.

Procedural History of the Case

It is alleged that the plaintiff filed a pro se lawsuit against the defendant seeking damages for numerous causes of action, including medical malpractice. Three weeks after the plaintiff filed his complaint, the trial court issued a writ of summons for the defendant. Approximately four months later, the defendant filed a motion to dismiss the complaint due to insufficient process, insufficient service, and lack of jurisdiction. The court granted the defendant’s motion, and the plaintiff appealed.

Procedural Rules for Pursuing Maryland Medical Malpractice Claims

On appeal, the court affirmed the trial court ruling. The court noted that the plaintiff attempted to serve the defendant on three occasions. During the first attempt, he delivered a handwritten summons that did not include the court’s seal. In the second attempt, he delivered one page of the court-issued summons but not the entire summons or the complaint. Continue Reading ›

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There are risks associated with most medical care, and doctors typically inform their patients of such risks before proceeding with treatment. Simply because a physician informs their patient of the potential complications that could arise during a procedure does not mean that they cannot be held liable for medical malpractice, though. Further, in most instances, the fact that a doctor obtained a patient’s informed consent is irrelevant to the issue of whether the doctor was negligent, as discussed in a recent Maryland medical malpractice matter. If you sustained injuries during an improperly performed procedure, you might be owed compensation, and you should consult a Maryland medical malpractice attorney.

The Facts of the Case

It is alleged that the defendant performed a routine colonoscopy on the plaintiff. During the procedure, the defendant perforated the plaintiff’s colon. The plaintiff subsequently needed to undergo numerous surgeries, had permanent symptoms of short bowel syndrome and suffered other injuries. As such, he instituted a medical malpractice lawsuit against the defendant. Prior to trial, the plaintiff moved to preclude the defendant from introducing or discussing the doctrine of informed consent on the grounds that it was legally irrelevant, as he was not asserting an informed consent claim.

It is reported that the defendant argued that the doctrine of informed consent was relevant to his defense of assumption of the risk. The court granted the plaintiff’s motion, and following a trial, the jury found in favor of the plaintiff, awarding him the cost of his medical care and over $600,000 in noneconomic damages. The defendant appealed, arguing that the trial court erred in granting the plaintiff’s motion. Continue Reading ›

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People suffering from cancer and other critical illnesses typically expect their doctors to offer treatment that alleviates their disease or extends their life. Unfortunately, not all physicians provide their patients with competent care, and their negligence often diminishes their patients’ chances of achieving good outcomes. Recently, a Maryland court addressed whether such carelessness constitutes grounds for recovering damages in a medical malpractice case, ultimately ruling that it does not, rejecting the loss of chance doctrine. If your health was damaged by a careless physician, it is in your best interest to talk to a Maryland medical malpractice attorney about your options for seeking damages.

Factual and Procedural Background

It is reported that the decedent was diagnosed with Stage 3 breast cancer in 2006. She had a mastectomy, followed by chemotherapy and radiation. She then underwent a series of diagnostic scans, all of which were negative for metastatic disease. A diagnostic test conducted in 2013 showed a new lesion on her clavicle that was potentially cancerous. The defendant, the decedent’s oncologist, reviewed the scan but did not order further testing or advise the plaintiff of the lesion’s presence.

Allegedly, three years later, the decedent underwent testing that showed that her breast cancer had metastasized to her clavicle. The decedent continued to treat but passed away in 2017. Her husband and their children filed a survival and wrongful death action against the defendant. The defendant moved for summary judgment, arguing that the theory the plaintiffs based their case on, the loss of chance doctrine, was not recognized in Maryland. The court granted the motion as to the wrongful death claim. The plaintiff appealed, but the ruling was upheld. He then petitioned for writ of certiorari requesting that the court answer whether Maryland’s Wrongful Death Statute permits recovery of damages where the actions of a doctor shortened the life of a terminally ill patient. Continue Reading ›

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The duties and standards of care imposed on medical professionals are not within the understanding of the average person. As such, in most Maryland medical malpractice cases, the plaintiff will need to hire an expert to explain such matters to the jury and to establish causation. There are requirements a person must meet to qualify to testify as an expert, though, as discussed in a recent Maryland ruling. If you were hurt by a negligent doctor, you should speak to a trusted Maryland medical malpractice attorney about what evidence you must produce to recover damages.

The Plaintiff’s Harm

It is alleged that the defendant surgically extracted the plaintiff’s wisdom teeth. Prior to the procedure, the defendant advised the plaintiff she may experience complications, including numbness and tingling. After the surgery, the plaintiff could not speak or move her tongue. She was advised that her condition would improve over time, but it did not. She still had paresthesia at her follow-up appointment weeks later.

Reportedly, six months after the surgery, the plaintiff was treated by a different oral surgeon who diagnosed her with neurotmesis. The plaintiff filed a medical malpractice lawsuit against the defendant and named two experts who would provide expert testimony on her behalf. The defendant argued that the plaintiff’s experts’ testimony was inadmissible and, therefore, judgment should be entered in his favor as a matter of law. The court granted his motion, and the plaintiff appealed. Continue Reading ›

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While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to advise patients of the potential consequences of surgery prior to getting their permission to proceed. If they fail to do so, they may be liable for the failure to obtain informed consent, as demonstrated in a recent opinion issued in a Maryland medical malpractice case. If you suffered harm due to the negligence of a doctor, it is smart to talk to a Maryland medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiffs’ infant son underwent a routine tonsil removal and bilateral implantation of tubes in his ears. During the surgery, the infant went into cardiac arrest and suffered a lack of oxygen to the brain, causing him to suffer permanent brain damage. The plaintiffs subsequently instituted a medical malpractice lawsuit against the defendants, the doctors who performed the surgery, pursuant to the Federal Tort Claims Act.

Allegedly, they asserted, in part, a lack of informed consent claim in which they alleged that the defendants failed to disclose the material consequences and risks associated with the surgery in consideration of the fact that the infant had sickle cell anemia and reactive airway disease. The court subsequently set forth findings of fact and conclusions of law. Continue Reading ›

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Doctors accused of committing medical malpractice will often try to avoid liability by claiming factors other than their negligence caused their patients harm. For example, they may argue that an outside force intervened and brought about the injury in question, thereby superseding their fault. Recently, a Maryland court examined superseding and intervening causes in a medical malpractice case in which the defendant relied on the defense to avoid liability. If you were harmed by the negligence of a doctor, you might be owed compensation, and you should speak to an assertive Maryland medical malpractice lawyer about your possible claims.

Facts of the Case

It is alleged that the decedent visited the defendant, an anesthesiologist and pain management doctor, for treatment of chronic pain in her neck and arm. The defendant administered an epidural steroid injection to the plaintiff. In the week after the injection, the decedent began experiencing double vision, balance issues, nausea, and vomiting.  She was admitted to the hospital but rapidly declined, and she passed away approximately two weeks after the injection.

Reportedly, the decedent’s cause of death was determined to be fungal meningitis. The plaintiff filed a medical malpractice lawsuit against the defendant, arguing that she negligently used drugs from a compounding pharmacy and that such drugs caused the decedent’s illness and eventual demise. The defendant argued that the pharmacy’s conduct was a superseding and intervening cause of the decedent’s death and requested a jury instruction on such causes. The court granted her request, and the jury ultimately found that the defendant was negligent, but the pharmacy’s acts were the superseding and intervening cause of the decedent’s death. The plaintiff appealed. Continue Reading ›

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Patients generally anticipate that their treatment providers will provide them with thorough and adequate care. If a physician carelessly neglects to live up to such an expectation, it may cause their patient to suffer significant harm. Additionally, depending on the environment in which the doctor’s negligence occurs, it may be grounds for pursuing claims that the doctor acted with deliberate indifference, in violation of their patient’s constitutional rights. There are key distinctions between medical negligence and deliberate indifference claims, however, and it is critical that a plaintiff hurt by a doctor’s recklessness carefully consider which claims they choose to pursue; otherwise, they may waive their right to recover damages. This was demonstrated recently in a Maryland case in which the court dismissed the plaintiff’s claims, finding that the sounded in medical negligence rather than deliberate indifference. If you were harmed by incompetent medical care, it is wise to talk to a  Maryland medical malpractice lawyer about your potential claims.

The Facts of the Case

It is reported that the plaintiff was confined to a federal facility. During his confinement, he received medical care for numerous issues, including high blood pressure, leg pain, and asthma. He allegedly suffered harm due to the negligence of his treatment provider, and filed a federal lawsuit against them, arguing that the inadequacies of their care amounted to a violation of his constitutional rights. The defendants filed a motion to dismiss or, in the alternative for summary judgment, arguing that the plaintiff failed to set forth assertions that would allow him to recover under his claims.

Distinctions Between Medical Negligence and Deliberate Indifference

The court explained that the plaintiff’s claims that he did not receive his blood pressure medication or undergo regular blood pressure checks were not adequate to demonstrate a violation of his constitutional rights. Specifically, such assertions sounded in negligence, and would solely allow him to pursue medical malpractice claims against the defendants, rather than deliberate indifference claims. Continue Reading ›

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It is well-established that people who suffer harm in the context of medical care generally must produce expert opinions that both establish the standard of care and link a breach of the standard to their injuries. If a plaintiff in a medical malpractice case fails to provide an expert report, their claims may be dismissed, as demonstrated in a recent ruling issued in a Maryland case. If you were hurt by the inappropriate acts of a treatment provider, you could be owed monetary damages, and it is prudent to meet with a Maryland medical malpractice lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff, a veteran with disabilities, visited the Veterans Affairs medical center for care. During her visit, an employee entered the examination room when she was partially undressed and undergoing a medical procedure. He then proceeded to make inappropriate telephone calls to her. The plaintiff filed a lawsuit against the defendant federal government, alleging professional negligence and other claims.

Allegedly, the plaintiff asserted that the defendant’s employee’s negligent conduct caused her to suffer psychological and physical injuries. The defendant filed a motion asking the court to dismiss the plaintiff’s claims via summary judgment on the grounds that she failed to provide medical expert evidence establishing causation. Continue Reading ›

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Expert testimony is an essential component of Maryland medical malpractice cases. Specifically, as issues like the standard of care imposed on medical professionals and causation in the context of medical harm are beyond the understanding of the average person, medical experts are needed to help jurors gain the insight required to resolve the ultimate issues of the case. If an expert’s testimony is lacking, it may result in a dismissal of the plaintiff’s claims. In a recent Maryland medical malpractice opinion, a court discussed what constitutes sufficient expert testimony to support a verdict for the plaintiff. If you sustained losses due to the negligence of your doctor, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer promptly.

Factual and Procedural History

Allegedly, the plaintiff suffered from a uterine fibroid, which caused her significant pain. She underwent a myomectomy performed by the defendant, but her symptoms worsened. She visited an emergency room where testing showed signs of an infection. She subsequently underwent a second surgery, which showed she suffered a perforated colon. She returned to the hospital a week later for a third surgery in which it was revealed she had a perforated rectum as well.

It is reported that the plaintiff instituted a lawsuit against the defendant, alleging he committed medical malpractice. During the trial, the defendant moved for judgment in his favor as a matter of law on the grounds the plaintiff’s expert failed to establish causation. The court denied his motion, and the jury found in favor of the plaintiff. The defendant then renewed his motion and filed a motion to alter the judgment. Continue Reading ›

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Typically, people who lose loved ones due to incompetent medical treatment can choose where to pursue medical malpractice claims against the parties that caused their losses. In some instances, though, the courts will transfer a case to another venue. Recently, a Maryland court discussed the factors weighed in determining whether a change of venue is appropriate in a wrongful death and medical malpractice case filed in Maryland. If you lost a loved one due to negligent medical care, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer regarding your options.

History of the Case

It is alleged that the defendants treated the decedent before his death, which was caused by an occlusive pulmonary embolism. The decedent resided in Maryland prior to his death, but the defendants treated him in Washington D.C. The plaintiff filed a wrongful death and medical malpractice lawsuit against the defendants in the United States District Court for the District of Maryland.

Reportedly, the defendants moved to transfer the case to the United States District Court for the District of Columbia, arguing that the only connection to Maryland was that the decedent lived there prior to his death. The plaintiff opposed the motion, noting that after discharging the decedent from their facility, the defendants continued to provide care for the decedent in Maryland through an intermediary. Continue Reading ›

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