While there are exceptions, expert testimony is generally needed to establish the standard of care and causation in Maryland medical malpractice cases. Thus, if a plaintiff pursuing medical malpractice claims fails to offer the opinion of an expert, their claim may be dismissed, as shown in a recent opinion issued in a Maryland medical malpractice matter. If you were hurt by negligent medical care, you have the right to pursue damages, and it is smart to talk to a Maryland medical malpractice attorney as soon as possible.
The Plaintiff’s Claims
It is asserted that the plaintiff treated with numerous health care providers when he was confined to a state facility for chronic pain that he suffered following a car accident. He asserts that he suffered permanent injuries due to delays and inadequate care. As such, he filed a lawsuit against the defendants, the providers who treated him during his confinement, asserting medical malpractice and other claims. Prior to trial, the defendants moved for summary judgment on the grounds that the plaintiff failed to submit the opinion of a qualified expert in support of his claims.
The Use of Expert Testimony in Maryland Medical Malpractice Matters
The court granted the motion and dismissed the plaintiff’s medical malpractice claims. The court explained that expert testimony plays a key role in medical malpractice cases. Specifically, the prevailing belief is that in cases involving the negligence of a professional, expert testimony is usually needed to establish the standard of care, a breach of the standard, and causation. Continue Reading ›