Articles Posted in Medical Malpractice

Federal courts have limited jurisdiction. In other words, they can only hear cases that set forth federal questions or set forth claims that meet the minimum amount of controversy and arise between diverse citizens. As such, medical malpractice claims typically do not fall within the purview of the federal courts. While federal courts often do not have original jurisdiction over Maryland medical malpractice claims, they can exercise supplemental jurisdiction over them if they are filed in cases that also assert federal questions. If the federal question claims are dismissed, it is likely that the medical malpractice claims will be dismissed without prejudice as well, as discussed in a recent Maryland case. If you were hurt by a doctor’s negligent care, it is in your best interest to talk to a Maryland medical malpractice lawyer to determine what measures you must take to protect your interests.

Factual and Procedural Background of the Case

It is alleged that the plaintiff was confined to a federal facility. While there, he made numerous requests for treatment of chronic back and nerve pain, but his requests were denied. He subsequently filed a lawsuit against the doctor and nurse in charge of his medical care in the facility, stating, among other things, that their negligent failure to provide him with necessary medical care caused him harm. He asserted federal claims against the defendants as well. The defendants moved for summary judgment, arguing in part that the plaintiff’s medical malpractice claims should be dismissed because he failed to comply with the requirements imposed by the Maryland Health Care Malpractice Claims Act (the Act).

Most people that serve on juries in Maryland medical malpractice cases lack independent knowledge regarding the standard of care that applies to physicians or what is required under the standard. As such, a plaintiff alleging that they suffered harm because of a doctor’s negligence will typically need to retain an expert to explain the standard to the jury at trial. Additionally, the expert must link the defendant’s breach of the standard to the plaintiff’s eventual harm. The expert’s opinion must be based on adequate data and methodology, though, otherwise, it may be inadmissible, as explained in a recent opinion delivered in a Maryland medical malpractice case. If you suffered losses due to the carelessness of a physician, it is smart to confer with a Maryland medical malpractice lawyer about what evidence you must offer to establish liability.

The Facts of the Case

It is reported that the plaintiff, who was expecting her first child, treated with the defendant throughout the course of her pregnancy. The care administered included a routine screening test to determine the biophysical profile of the fetus. The test was administered when the plaintiff was 34 weeks pregnant, and the test results were normal. The defendant recommended that the plaintiff undergo the test each remaining week of her pregnancy, but the plaintiff went into labor six days later.

Allegedly, the baby was delivered via c-section due to her intolerance of labor. She needed to be resuscitated at birth and was admitted to the intensive care unit. She was later diagnosed with permanent brain injuries. The plaintiff instituted medical malpractice claims against the defendant. The plaintiff’s expert opined testified that the defendant should have ordered the screening test to be conducted twice weekly and that his failure to do so constituted negligence. The defendant moved for summary judgment and to strike the causation testimony of the plaintiff’s expert. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Expert testimony is a critical component of Maryland medical malpractice cases. As such, if a defendant successfully moves to preclude a plaintiff’s expert from testifying, it most likely will be devastating to the plaintiff’s case. This was demonstrated in a recent opinion delivered by a Maryland court, in which the court explained that striking the plaintiff’s expert testimony effectively rendered a judgment against the defendant moot. If you were hurt by the negligence of a doctor, you should talk to a Maryland medical malpractice lawyer to discuss what damages you may be owed.

Procedural History of the Case

It is reported that the decedent visited a hospital after he sustained injuries in an assault. When he arrived, he was examined by the defendant, a neurosurgeon. He later suffered a seizure and died. His mother, the representative of his estate, filed a medical malpractice lawsuit against the defendant, in which she alleged that he breached the standard of care by failing to transfer the decedent to the intensive care unit or administer anticonvulsants to him.

Allegedly, during discovery, the plaintiff identified a medical expert who would offer testimony regarding the standard of care. During the trial of the matter, the expert failed to comply with a subpoena to produce certain documents related to the income he earned by testifying as an expert in medical malpractice matters. He was held in contempt and sanctioned, but the jury ultimately found in favor of the plaintiff. Continue Reading ›

College athletes generally accept the risk that they may suffer injuries in a game. If an injured student receives incompetent medical care, their injuries may become exacerbated. Simply because a student waives the right to seek damages from a university for harm suffered while playing a sport does not mean they cannot pursue claims against a negligent health care provider that treats them after their injury, as demonstrated in a recent Maryland ruling. If you sustained injuries because of inadequate care you received in a hospital, you should consult a Maryland medical malpractice attorney to determine what claims you may be able to pursue.

Background of the Case

It is reported that the plaintiff played field hockey for the university she attended. During a game, she sustained a blow to the head. She subsequently sought treatment at a military primary care facility, where she was diagnosed with sinusitis. Her symptoms lingered, however, and she was eventually diagnosed with a concussion and post-concussive syndrome. She then filed a lawsuit naming the federal government as the defendant. In her complaint, she alleged that the doctor that treated her at the facility was negligent, and the government was vicariously liable for the harm caused by the doctor. The case proceeded to a bench trial.

The Court’s Findings

One of the primary issues at trial was whether the defendant could be held vicariously liable for the acts of the doctor that treated the plaintiff. The court noted that there was ample evidence that the treating physician breached the applicable standard of care and that the breach proximately caused the plaintiff’s harm. Specifically, he neglected to perform tests to determine if the plaintiff suffered a concussion or preclude her from playing in games or practice until her symptoms abated and his omissions proximately caused the plaintiff to suffer harm. Continue Reading ›

Under Maryland law, a plaintiff pursuing medical malpractice claims must comply with certain prerequisites. For example, they must file a statement of claim, certificate of qualified expert and report, and claim form with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO) within six months of the date of harm. As recently discussed by a Maryland court, however, the failure to do so will not automatically result in the dismissal of the plaintiff’s claims against the federal government in federal court. If you sustained losses due to a careless physician, you should meet with a Maryland medical malpractice attorney to discuss what steps you must take to protect your rights.

Background of the Case

It is alleged that the plaintiff, a veteran, sought treatment from a federally owned military hospital for plantar warts on his foot. He underwent a surgical removal of the warts after which he experienced extreme pain. His symptoms would not abate despite continuous treatment. He subsequently file an administrative claim related to his care with the Navy.

Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean they will be precluded from filing medical malpractice claims, though, as demonstrated in a recent Maryland case. If you suffered harm due to a carelessly performed procedure, you have the right to seek compensation, and you should speak to a trusted Maryland medical malpractice lawyer about your potential claims.

The Facts and History of the Case

It is alleged that the plaintiff sought treatment from the defendant due to blurry vision. The defendant asked the plaintiff a few questions but only performed a cursory examination. The plaintiff returned to the defendant’s office three weeks later with similar complaints. The defendant examined him and determined he was suffering from a detached retina and needed emergency surgery.

It is reported that the plaintiff underwent the procedure but suffered permanent injuries in his left eye. He subsequently filed a medical malpractice lawsuit against the defendant. The defendant removed the case to federal court and then filed a motion to dismiss or alternatively a motion for summary judgment. Continue Reading ›

While most people pursue medical malpractice claims with the assistance of attorneys, some are tempted to seek compensation on their own to save money. In many cases, though, the decision to proceed pro se has unfortunate consequences. This was illustrated in a recent opinion in which the court dismissed the plaintiff’s medical malpractice claims due to her failure to comply with the procedural requirements established by the Federal Tort Claims Act (the Act). If you were injured by medical negligence, it is advisable to contact a Maryland medical malpractice lawyer to assess your options.

The Facts of the Case

It is reported that the plaintiff sought treatment at a federally funded medical facility. She alleges she was refused treatment for kidney stones, which ultimately caused her suffering and pain. She instituted a lawsuit against the medical facility without the assistance of an attorney, asserting a negligence claim. The United States moved to substitute itself as a defendant and to dismiss the plaintiff’s claims. Upon review of the pleadings, the court granted both motions.

Requirement Imposed by the Federal Tort Claims Act

The court explained that as the medical facility was federally funded and the plaintiff alleged that she was harmed by the facility’s employees while they were working in the scope of their employment, the United States was the proper defendant. The court dismissed the plaintiff’s claims, however, due to her failure to exhaust her administrative remedies as required under the Act. Continue Reading ›