Articles Posted in Medical Malpractice

In complex medical malpractice litigation, discovery disputes often arise over how confidential medical information can be accessed and shared. A recent decision from a Maryland court highlights the limits on informal communications with treating physicians and reinforces the importance of complying with the Health Insurance Portability and Accountability Act (HIPAA). The court’s ruling clarifies that even when both sides seek efficiency, patient privacy remains paramount. If you or a loved one has suffered harm due to negligent medical care, it is critical to confer with a Baltimore medical malpractice attorney about your options.

History of the Case

It is alleged that the plaintiffs, a married couple, filed a medical malpractice action asserting that several healthcare providers negligently delayed the diagnosis and treatment of adenoid cystic carcinoma in the plaintiff’s parotid gland. The complaint named multiple defendants, including several physicians and affiliated medical institutions. The plaintiffs asserted claims for negligence, failure to obtain informed consent, and loss of consortium.

It is reported that during discovery, two defendants moved for a qualified protective order that would allow their attorneys to speak informally and privately with certain physicians who had treated the plaintiff. These treating physicians were not employed by the defendants but had relevant medical knowledge about the plaintiff’s condition and care. The defendants argued that these informal, or ex parte, communications would promote fairness by offsetting what they described as a “discovery advantage” held by the plaintiffs, who were free to consult privately with their own physicians. They further contended that such communications would save time and litigation costs. Continue Reading ›

When individuals are held in detention, they depend on medical professionals to provide safe and attentive care for their known health conditions. A recent decision by a Maryland court highlights the importance of proper medical documentation and treatment planning when a patient reports allergies or adverse drug reactions. If you or a loved one suffered injury due to negligent medical care in a correctional or institutional setting, it is in your best interest to talk to a Baltimore medical malpractice attorney as soon as possible.

Case Background

It is alleged that the plaintiff, a pretrial detainee at the Baltimore County Detention Center, submitted more than ten sick call requests between March and April 2024 seeking treatment for severe allergies. Despite these requests, he reportedly did not receive the prescribed medication, Zyrtec, on a consistent basis. On April 4, 2024, the plaintiff complained of worsening symptoms and was evaluated by the defendant, a registered nurse employed at the facility. The nurse noted the presence of rashes on the plaintiff’s face, neck, and back and prescribed Benadryl and another medication, Diflucan.

It is alleged that later that day, the plaintiff was placed in medical quarantine and informed that he would not be released unless he complied with the prescribed treatment. The plaintiff asserted that when he took Benadryl, he suffered an adverse reaction that included hives, throat swelling, and loss of consciousness. He maintained that he had previously warned medical staff that Benadryl aggravated his symptoms, yet the medication was prescribed and administered despite that known sensitivity. The plaintiff alleged that the nurse acted with deliberate indifference to his serious medical needs in violation of the Fourteenth Amendment and that her actions caused lasting harm. He sought monetary damages totaling $500,000. Continue Reading ›

When patients enter a hospital for care, they trust that the facility has thoroughly vetted the competence of every physician granted privileges to treat patients there. A recent decision from Maryland demonstrates that hospitals cannot insulate themselves from liability for negligent credentialing merely because the physician involved is an independent contractor. If you or a loved one suffered harm due to negligent treatment by a hospital-affiliated physician, you should contact a Baltimore medical malpractice attorney to discuss your rights and legal options.

Case Background

It is alleged that the plaintiff, a minor, suffered severe neurological injuries shortly after birth at the defendant hospital. The infant’s mother was admitted for delivery, and labor was managed by an obstetrician who held privileges at the hospital but was not an employee. According to court filings, complications arose during labor, including fetal distress, but the attending physician allegedly failed to perform a timely cesarean section. The child was delivered in a compromised condition, suffering hypoxic-ischemic encephalopathy and permanent disability.

It is reported that the plaintiff’s parents brought suit against both the hospital and the obstetrician, asserting claims for medical negligence and corporate negligence based on negligent credentialing. They alleged that the hospital knew or should have known that the physician had a history of prior malpractice claims, clinical performance issues, and disciplinary concerns. The plaintiffs contended that by granting and maintaining staff privileges without adequate review, the hospital failed to exercise reasonable care in ensuring patient safety. Continue Reading ›

Families entrust skilled nursing facilities with the care of their most vulnerable loved ones, relying on staff to prevent complications like bedsores that can quickly become life-threatening. When that trust is broken, the results can be devastating. A recent decision from a Maryland court demonstrates that in malpractice cases against nursing facilities, success depends not only on the care provided, but also on whether the plaintiff submits expert testimony that meets Maryland’s strict statutory requirements. If you or a loved one suffered preventable injuries in a long-term care setting, it is critical to consult a Baltimore medical malpractice attorney as soon as possible.

Case Background

It is alleged that the decedent, after suffering a stroke, was admitted to the defendant skilled nursing facility for post-acute care. The patient was entirely dependent on staff for mobility and hygiene. Despite being assessed as high risk for skin breakdown, the patient allegedly developed pressure ulcers within days of admission. These ulcers worsened into serious infections, and the patient ultimately passed away.

It is reported that the decedent’s family, through the widow, filed a negligence and wrongful death complaint against the facility. They asserted that staff failed to reposition the patient, provide proper documentation, ensure adequate nutrition, and implement effective care plans. The plaintiffs submitted a certificate of a qualified expert from a registered nurse, who opined that the facility’s breaches caused the development of the pressure ulcers. Continue Reading ›

When patients turn to hospitals for treatment, they expect to leave healthier, not with new complications. For military retirees and others receiving care at federal facilities, the consequences of medical negligence can be devastating, and the path to justice is not always straightforward. A recent ruling from a Maryland court demonstrates that even when serious injuries occur, medical malpractice claims rise or fall on the strength of expert testimony. Without reliable experts, courts will not allow these cases to move forward. If you or a loved one sustained losses due to negligent treatment at a federal or military hospital, speaking with a Baltimore medical malpractice lawyer is the critical first step toward protecting your rights.

Case Setting

It is alleged that the plaintiff, a military retiree, presented to a federal medical center in 2018 for treatment of plantar warts. A surgical resident performed cryotherapy using liquid nitrogen. According to the complaint, the procedure caused a large blister on the plaintiff’s foot. Despite the plaintiff’s reports of severe pain, medical staff allegedly refused to drain the blister.

It is reported that the plaintiff later sought outside treatment, where the blister was eventually drained. The plaintiff asserted that the delay in proper care resulted in permanent nerve damage and chronic pain. He filed suit under the FTCA, bringing claims that the resident improperly administered liquid nitrogen, that the resident failed to request supervision, that the attending physician failed to provide supervision, and that the staff failed to properly treat the blister after the procedure. Continue Reading ›

Even when people are incarcerated, they remain entitled to timely and adequate medical treatment. Delays in providing essential care, such as physical therapy after surgery, can lead to lasting harm. A recent decision by a Maryland court illustrates the distinction between medical negligence claims under Maryland law and constitutional claims under the Fourteenth Amendment. While the plaintiff’s medical malpractice allegations were dismissed, the court allowed his constitutional claims against medical providers to proceed. If you or a loved one has suffered harm due to delayed or inadequate care in a correctional facility, it is essential to seek guidance from a Baltimore medical malpractice attorney.

Case Setting

It is alleged that the plaintiff, a pretrial detainee at the time, sustained severe injuries after multiple assaults while in custody. Following one attack in September 2023, the plaintiff underwent surgery to repair a broken leg and torn meniscus. He was discharged with orders for physical therapy.

It is reported that the plaintiff claimed his physician delayed authorizing the necessary therapy, which postponed his rehabilitation for approximately one month. During this time, he remained immobilized, which allegedly worsened his condition. The plaintiff further asserted that the physical therapist failed to begin treatment despite receiving orders from the attending physician. He contended these delays caused long-term impairment of mobility and required additional sessions that he still had not received. Continue Reading ›

When a patient undergoes emergency surgery, every moment of post-operative care matters. Hospitals and physicians are expected to act swiftly if complications arise, particularly when symptoms suggest neurological injury. Delays in diagnosis and treatment can result in permanent impairment, yet as a recent medical malpractice ruling makes clear, strong medical evidence is indispensable. Without reliable expert testimony, even serious allegations of malpractice cannot move forward. If you or a loved one has suffered life-changing complications after surgery, consulting an experienced Baltimore medical malpractice attorney is an essential step in protecting your rights.

Case Setting

It is alleged that the plaintiff was transported to the defendant hospital in June 2022 with severe chest pain and was diagnosed with an ascending aortic dissection. The plaintiff underwent emergency surgery, which was completed without complication, and he was transferred to the intensive care unit under the supervision of the defendant physicians.

It is reported that shortly after surgery, the plaintiff exhibited signs of neurological decline. His medical chart reflected disorientation, confusion, and bilateral lower extremity weakness. A neurologist recommended an MRI due to concerns of a spinal cord infarction. The MRI was delayed several times for safety reasons, despite persistent symptoms. When the imaging was eventually performed on June 22, it revealed that the plaintiff had suffered a stroke. Continue Reading ›

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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