People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to determine where the case will be filed and what court will preside over the matter. Defendants have the right to request that cases be transferred to other counties, though, via motions for transfer for forum non conveniens. The courts must evaluate numerous factors to determine if a transfer is appropriate, and if they fail to do so, any transfer may be overturned, as demonstrated in a recent opinion issued in a Maryland primary malpractice case. If you were injured by the errors of a primary care physician, it is in your best interest to speak to a Maryland medical malpractice lawyer to discuss your options.
History of the Case
It is alleged that the plaintiff visited the defendant primary care practice with complaints of pain, redness, and swelling in her left foot. She was seen by a nurse practitioner and diagnosed with gout. She visited the defendant medical express center with similar complaints two days later and was advised that she had cellulitis and a wound infection.
It is reported that three days later, the plaintiff went to the emergency department of a hospital due to a worsening of her symptoms. She was diagnosed with gas gangrene, and her foot was amputated. She subsequently filed a medical malpractice lawsuit against the defendants in Baltimore City. The defendants filed a motion for transfer to Baltimore County for forum non conveniens. The court granted the motion, and the plaintiff appealed. Continue Reading