Articles Posted in Maryland Medical Malpractice Law

In Maryland, a party alleging a doctor committed medical malpractice generally must produce proof of the allegedly tortious acts by way of an expert report. In some instances, though, when the act committed by a doctor is so obviously egregious, expert testimony is not required. Recently, a Maryland court addressed the unique issue of whether an expert opinion is needed to establish medical malpractice of a physician that is not named as a party when the defendant doctor alleges that the non-party physician is liable for the plaintiff’s harm. If you were hurt by the negligent acts of your care provider, it is important to understand what evidence you must produce to prove liability. Therefore, you should consult a knowledgeable Maryland medical malpractice attorney to discuss your case as soon as possible.

Factual History

Allegedly, the plaintiff was diagnosed with renal cancer in 2011. While a cancerous tumor was removed from his kidney by the defendant urologist, a nearby lymph node that also was cancerous was not removed. The plaintiff then was treated by the defendant oncologist from 2011 through 2015, who also did not remove the cancerous node but provided chemotherapy, which shrunk the node. The plaintiff’s CT scans were regularly reviewed by the two defendant radiologists throughout the course of his treatment. The defendant radiologists did not report any lymphadenopathy but noted the scans lacked contrast, which made them difficult to evaluate.

It is reported that the plaintiff was ultimately advised that the node was cancerous and could not be removed. He filed a medical malpractice lawsuit against the defendants, but prior to trial dismissed the claims as to the defendant urologist and oncologist. At trial, the defendant radiologists argued that the defendant urologist and oncologist were ultimately to blame for the plaintiff’s harm, but did not provide any expert testimony supporting their assertions. The jury ultimately determined that the dismissed defendants were liable, after which the plaintiff moved for a new trial. His motion was denied, and he appealed. The court of appeals reversed the trial court ruling, after which the defendants appealed. Continue Reading ›

In Maryland medical malpractice cases, a plaintiff must show that the defendant’s negligence caused the plaintiff’s harm. In cases in which the plaintiff alleges the defendant’s negligence caused the wrongful death due of a loved one, however, the defendant may be able to argue that the loss of chance doctrine operates to bar the recovery of compensation. The loss of chance doctrine is not always applicable, however, as discussed in a recent Maryland medical malpractice case in which the court explained the doctrine’s parameters. If you lost a loved one due to negligent medical care, it is in your best interest to speak to a skillful Maryland medical malpractice attorney to examine what damages you may be able to recover.

Facts of the Case

It is reported that the plaintiff’s decedent presented to the defendant doctor in February 2013, with complaints of pain in his tongue. The defendant performed a scrape biopsy, which did not indicate cancerous cells were present, but the pathologist noted that the sample was clinically suspicious and may not represent the entire lesion. No further actions were taken at that time, however. In May 2014, the plaintiff’s decedent visited the defendant a second time, and the defendant recommended an excisional biopsy, which was performed in June. The second biopsy revealed that the plaintiff’s decedent was suffering from invasive squamous cell cancer. The plaintiff’s decedent underwent aggressive treatment but ultimately passed away due to the cancer.

It is alleged that the plaintiff failed a medical malpractice lawsuit against the defendant, alleging that the defendant’s failure to diagnose the plaintiff’s decedent in February 2013 caused the decedent’s harm. Specifically, the lawsuit set forth survival and wrongful death claims. At trial, the defendant filed a motion for judgment at the close of the plaintiff’s case, arguing that the loss of chance doctrine barred the plaintiff’s claims. The trial court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

Maryland has specific laws regarding the procedures a person must comply with in the pursuit of damages for medical malpractice. If an injured party fails to comply with the requirements, it may result in a dismissal of the claim. However, a failure to abide by the proper procedure does not result in an automatic dismissal. Recently, a Maryland court discussed what a defendant must establish to show that a plaintiff’s medical malpractice lawsuit should be dismissed due to the failure to abide by procedure in a case in which the plaintiff alleged he suffered harm because of malpractice committed in a rehabilitation facility. If you were harmed by the inadequate medical treatment, you might be owed compensation, and it is prudent to speak to a capable Maryland medical malpractice attorney regarding what steps you must take to protect your rights.

Factual History of the Case

It is alleged that the plaintiff was admitted to the defendant rehabilitation facility following hip replacement surgery. He subsequently developed pressure ulcers in multiple locations due to the defendant’s negligence and ultimately required an amputation of his right leg below the knee. The plaintiff instituted his medical malpractice action against the defendant by filing a claim with the Health Care Alternative Dispute Resolution Office (the Office) as required under Maryland law.

The law also requires that after a claim is filed with the Office, the parties must file a certificate of a qualified expert and an attesting report, after which a party can waive the right to arbitration with the office. After arbitration is waived, the plaintiff must file a complaint in the civil courts within 60 days. In this case, however, the plaintiff did not file the complaint until five months after the 60 day period had run. Thus, the defendant filed a motion to dismiss the plaintiff’s complaint as untimely. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

In Maryland, there are numerous acts that may give rise to a medical malpractice lawsuit. For example, a patient may pursue claims against a practitioner for failing to properly diagnose the patient in a timely manner or operating on the wrong part of the patient’s body, which may constitute medical negligence. Practitioners may fail to advise the patient of the risks and other information regarding a procedure, which may be deemed a failure to obtain informed consent. Recently, a Maryland court highlighted the differences between medical negligence and the failure to obtain informed consent, in a case in which the defendant sought dismissal of the plaintiff’s informed consent claims. If you suffered harm due to improper medical care, it is advisable to meet with a diligent Maryland medical malpractice attorney to discuss your potential claims.

Factual History of the Case

It is reported that the plaintiff’s decedent was admitted to a hospital in August 2017, following a fall, where he complained of pain and swelling in his left knee. He was then transferred to another hospital where he underwent an evaluation by an orthopedic surgeon, who noted the decedent was not a candidate for surgery and should be placed on antibiotics. He was prescribed antibiotics and discharged. He was then transferred back to the detention center where he had previously been incarcerated but he did not fill his prescription or take the prescribed antibiotics. However, he continued to complain of issues in his knee, and his condition deteriorated. He was ultimately transferred to a hospital, where he died of sepsis. The plaintiff then filed a lawsuit against the defendant, the healthcare provider for the detention center, alleging numerous claims, including failure to obtain informed consent. The defendant sought dismissal of the failure to obtain an informed consent claim via summary judgment.

When a person dies because of medical malpractice, the person’s family has the right to seek damages via a civil lawsuit. Specifically, the family members may seek compensation via a wrongful death and survival action. While generally the location of the harm is in the same jurisdiction as the deceased person’s residence, an issue can arise as to which state’s laws apply when the harm occurred in a different state than where the deceased person lived. Recently, a Maryland court discussed what state’s laws apply in wrongful death claims and survival actions arising out of medical malpractice in a state other than where the deceased person resided. If you lost a loved one because of incompetent medical care in another state, it is prudent to consult an attorney to discuss what state’s laws may apply in your pursuit of damages.

History of the Case

It is alleged that the plaintiff’s decedent, who was a Pennsylvania resident, traveled to Maryland to undergo a tonsillectomy, septoplasty, and a reduction of the inferior turbinate. Her oxygen levels fell below the normal rate following the surgery, but she stabilized and was discharged. After she traveled back to her home, she died of hypoxia, which was caused by a number of factors. The plaintiff subsequently filed a wrongful death claim and survival action in the Maryland courts. Prior to trial, the defendants filed a motion in limine, arguing that Maryland law should apply to the plaintiff’s claims. Upon review, the court granted the defendant’s motion.

Substantive Law Determined by the Location of the Harm

Under Maryland law, different choice of law rules apply to wrongful death claims and survival actions. Specifically, the Wrongful Death Statute states that if a wrongful act took place in another state, United States territory, or the District of Columbia, Maryland courts will apply the substantive law of the jurisdiction where the act occurred. The courts have construed this provision to mean that if the wrongful act occurred in Maryland, the substantive law of Maryland will apply. In the subject case, the allegedly tortious conduct of the defendant occurred in Maryland. Thus, the court found that Maryland’s substantive law applied with regards to the wrongful death claim. Continue Reading ›

While some medical malpractice claims involve straightforward facts, in other instances, the circumstances surrounding a party’s harm are complicated, and it is not immediately clear who is responsible or what steps are necessary to pursue damages. Any time a person is harmed by negligent healthcare, however, it is prudent for them the consult an experienced attorney as soon as possible to protect the person’s right to seek recourse for his or her harm. This was shown in a recent Maryland appellate case in which the court affirmed the dismissal of a healthcare malpractice claim on the grounds that it was not filed within the time required under the Maryland Tort Claims Act. If you were injured by a healthcare provider at a government-owned entity, it is in your best interest to speak with an experienced attorney to discuss your options for protecting your interests.

Facts of the Case

It is reported that when the minor-plaintiff was fifteen, he was taken into custody by the State Department of Health and ordered to undergo an inpatient evaluation due to self-harming behaviors. While he was admitted to the state facility, it was noted that he had difficulty controlling his impulses, was aggressive, and had a high risk of violence. It was also noted that he posed a danger to himself and to others.

Allegedly, while still in state custody, the minor-plaintiff was placed in a holding cell with other minors and was subsequently involved in an altercation during which he suffered substantial and permanent injuries. The minor-plaintiff and his mother subsequently filed a healthcare malpractice claim against the defendant in the Health Care Alternative Dispute Resolution Office (HCADRO), after which they waived arbitration and filed a complaint in state court against the defendant. The defendant filed a motion for summary judgment, arguing that the plaintiffs failed to file the lawsuit in the time required under the Maryland Tort Claims Act (MTCA). The court agreed, granting the motion, and plaintiffs appealed. Continue Reading ›