Articles Posted in Medical Malpractice

When grieving families question the accuracy of a medical examiner’s conclusions, the stakes are deeply personal. Yet turning those concerns into a viable lawsuit is fraught with procedural hurdles, particularly when the defendant is a state agency. A recent Maryland decision illustrates how the doctrine of sovereign immunity and strict service requirements under the Maryland Tort Claims Act can bring a case to an abrupt end. For those considering legal action against a state medical examiner, this case highlights the importance of precise adherence to statutory procedures. If you believe an error in a death determination has harmed your family, it is crucial to consult with an experienced Baltimore medical malpractice attorney to protect your rights.

Facts and Procedural Background

It is alleged that the plaintiff filed a complaint for medical malpractice against the Office of the Chief Medical Examiner, asserting that state-employed physicians acted negligently when they certified her daughter’s 2018 death as a suicide instead of a homicide. The plaintiff sought both monetary damages and an order correcting the death certificate.

It is reported that the defendant moved to dismiss the complaint, arguing that the plaintiff had failed to comply with statutory service requirements. Specifically, under Section 12-108 of the State Government Article, any complaint subject to the Maryland Tort Claims Act must be served on the State Treasurer. Instead, the plaintiff attempted to serve the Chief Medical Examiner directly, and her service did not meet the requirements of Maryland Rule 2-121 because it was not sent via certified mail with restricted delivery. The circuit court granted the motion to dismiss when the plaintiff did not oppose it, and later denied her motion for reconsideration. Continue Reading ›

When a loved one seeks emergency care, families trust that medical professionals will act quickly and competently to prevent harm. Yet when that trust is broken, the consequences can be devastating. Medical negligence claims against federal healthcare providers present an additional layer of complexity, as both federal law and state malpractice rules come into play. A recent Maryland decision demonstrates just how critical expert testimony is in proving negligence. If you or someone close to you has suffered harm in a federal medical facility, it is vital to speak with a Baltimore medical malpractice attorney who can guide you through these legal hurdles.

Facts and Procedure of the Case

It is reported that the plaintiffs, surviving family members of a deceased patient, filed a wrongful death and survival action alleging that the decedent died as a result of negligent care received at a federal facility in Maryland. The decedent was transported to the emergency room with complaints of fatigue, abdominal pain, and vomiting of dark material. Diagnostic imaging revealed an incomplete small bowel obstruction, and the treatment plan included placement of a nasogastric (NG) tube to relieve pressure and reduce the risk of aspiration.

It is alleged that attempts to place the NG tube were initially unsuccessful when performed by a physician. A nurse was ultimately able to insert the tube, and the physician conducted basic checks that appeared to confirm correct placement. However, subsequent imaging was inconclusive, and the patient’s condition deteriorated rapidly. A CT scan eventually revealed that the NG tube had been misplaced into the patient’s lung, resulting in a pneumothorax and ultimately death from respiratory complications.

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In medical malpractice lawsuits involving reproductive care and genetic testing, plaintiffs must plead their claims with particularity. If they fail to articulate what standard of care applies and how a provider’s conduct violated it, the courts may dismiss the case at the pleading stage. This was demonstrated in a recent medical malpractice case in which claims brought after an erroneous embryo transfer were dismissed for failure to plausibly allege negligence. If you experienced harm due to a provider’s deviation from accepted reproductive care standards, it is critical to seek guidance from a Baltimore medical malpractice attorney to understand your legal rights.

Factual Background and Allegations

It is reported that the plaintiffs sought in vitro fertilization (IVF) services in order to have a child free of Duchenne Muscular Dystrophy (DMD), a serious genetic disorder that had affected their other children. The plaintiffs pursued IVF in conjunction with preimplantation genetic diagnostics, aiming to ensure that only embryos unaffected by DMD would be implanted. Although several embryos were tested and deemed healthy, others were identified as genetically compromised.

Allegedly, during a June 2020 embryo transfer, a DMD-affected embryo was mistakenly transferred to the plaintiff, resulting in a pregnancy that was ultimately terminated after the error was discovered. The plaintiffs later filed a lawsuit asserting claims of negligence, gross negligence, and breach of contract. Continue Reading ›

In Maryland, plaintiffs pursuing claims of medical malpractice must clearly allege a breach of the applicable standard of care along with facts supporting causation. If a complaint lacks this foundation, courts will dismiss the claim before discovery even begins. A recent decision issued by a Maryland court illustrates how a failure to plead these elements, even when alleging serious injury, can result in dismissal at the pleading stage. If you were harmed by negligent care in an emergency room or hospital, you should talk to a Baltimore medical malpractice attorney about your potential claims.

History of the Case

It is reported that the plaintiff was injured in a motor vehicle collision and taken to a local emergency department operated by a hospital system. The plaintiff allegedly suffered a traumatic brain injury, an actively bleeding open head wound, and other injuries described as serious, disabling, and permanent in nature. According to the complaint, the plaintiff experienced a prolonged delay before being treated and was allegedly treated rudely and dismissively by the attending emergency physician.

It is alleged that the attending physician interacted in what the plaintiff perceived to be a “hostile environment” and that her demeanor was cold and unprofessional. The plaintiff further alleged that the hospital and physician exhibited discriminatory treatment, asserting that they failed to evaluate and treat her injuries in a manner consistent with how they would have treated similarly situated white patients. Continue Reading ›

Medical malpractice plaintiffs in Maryland must meet strict evidentiary and procedural requirements to prevail at trial. One of the most critical requirements is the presentation of expert testimony to establish the standard of care, a breach of that standard, and causation. If the expert does not testify at trial and their deposition cannot be admitted under applicable rules, the case cannot proceed. A recent Maryland decision illustrates how failing to properly secure expert testimony can prove fatal to a plaintiff’s malpractice claim. If you believe you were harmed by substandard medical care, it is essential to consult a knowledgeable Baltimore medical malpractice attorney to ensure your case is trial-ready.

Facts and Procedural History

It is reported that the plaintiff fractured his hip in a fall and underwent hip replacement surgery at a Baltimore hospital. He was discharged in stable condition but returned to the hospital less than two weeks later with complaints of pain. He was diagnosed with hemorrhagic shock and hospitalized. The plaintiff and his wife subsequently filed a medical malpractice lawsuit against the hospital and a consulting hematologist, alleging negligent management of his postsurgical care plan. The complaint also included a claim for loss of consortium.

It is alleged that the plaintiffs designated a hematology expert who was deposed during discovery and informed the defense that he would testify at trial. However, just days before trial, the plaintiffs contacted the court and opposing counsel to request a postponement, stating that their expert was on a humanitarian mission overseas and would not return in time for trial. Continue Reading ›

In Maryland, plaintiffs pursuing claims of medical malpractice must do more than allege poor outcomes; they must articulate a clear breach of the applicable standard of care and comply with statutory procedural requirements. Without these foundational elements, courts will dismiss the claim at the pleading stage, regardless of the severity of the alleged injury, as demonstrated in a recent Maryland case. If you were harmed by negligent medical care in an emergency room or hospital, you should speak with a Baltimore medical malpractice attorney about whether you have a viable claim.

Case Setting

It is alleged that the plaintiff was taken to the hospital by ambulance on November 22, 2023, after accidentally shooting himself in the leg. Upon arrival at the emergency department, the plaintiff reportedly encountered hospital staff who laughed at him and used a racial slur. Despite this, he proceeded with treatment and allegedly informed providers of a bubble-like mass at the wound site, which he believed to be infected. The plaintiff asked for antibiotics, but it is reported that the attending physician chose instead to wash the wound with saline and discharged him with instructions to keep the leg clean and compressed.

In the realm of medical malpractice, the standard of care often serves as the linchpin between professional judgment and actionable negligence. This was illustrated in a recent Maryland decision in which the court considered whether a physician’s response to a patient’s abnormal EKG and reported chest pain met the legal standard required under Maryland law. The ensuing lawsuit, focused on both the adequacy of the care provided and the legal sufficiency of the jury instructions issued at trial, highlights how Maryland courts balance expert testimony, procedural precision, and legal standards in determining medical negligence. If you or a loved one suffered harm due to medical malpractice and you have questions about your options, it is wise to consult a skilled Baltimore medical malpractice attorney.

Case Setting

It is reported that the decedent, a middle-aged man with a notable family history of heart disease, began experiencing chest pain on February 10, 2020. The symptoms eased temporarily with the consumption of hot tea, prompting the patient to wait until February 13, 2020, to consult his primary care physician, the defendant. It is alleged that during that consultation, the defendant conducted an electrocardiogram (EKG), which returned abnormal results. The plaintiff asserted that the defendant diagnosed gastroesophageal reflux disease (GERD) and esophageal spasms, while allegedly failing to emphasize the abnormality of the EKG or the need for immediate medical attention. The defendant provided referrals to a cardiologist and a gastroenterologist and advised follow-up in a month.

Allegedly, the defendant testified that he did urge the patient to go to the emergency room, but this instruction was not documented in the medical record. On February 15, 2020, two days after the appointment, the decedent was found dead at home. A private autopsy conducted by a forensic pathologist retained by the plaintiff concluded that the cause of death was a cardiac arrhythmia stemming from a thrombus in a coronary artery in the context of significant atherosclerotic cardiovascular disease. Continue Reading ›

When does a patient truly know they’ve been harmed, and who’s responsible for it? That question, often blurred by time, symptoms, and shifting medical advice, is at the heart of many medical malpractice cases. In a recent medical malpractice decision, the court confronted the delicate intersection of legal deadlines and patient awareness. A jury had ruled that the plaintiff’s case was too late, but the appellate court found that the jury never should have been cut out of the conversation. This case reaffirms that in complex malpractice claims, timing isn’t just everything, it’s something the jury must decide. If you suffered harm due to inadequate medical care, it is in your best interest to talk to an attorney about your potential claims as soon as possible.

Factual Background and Procedural History

It is reported that the plaintiff underwent a urethral dilation procedure performed by the defendant urologist at the defendant clinic. Allegedly, after the procedure, the plaintiff began to experience a cascade of serious medical issues, including pain, fatigue, and neurological symptoms. It is alleged that these conditions progressively worsened over time, and the plaintiff continued to seek medical opinions to understand their cause.

It is reported that the plaintiff did not file her complaint until more than three years after the initial procedure. The defendants moved for judgment as a matter of law, asserting that the claim was time-barred under D.C. Code § 12-301(8), which imposes a three-year limitations period for medical malpractice actions. Continue Reading ›