Articles Posted in Medical Malpractice

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Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent ruling, however, they generally cannot pursue a claim for breach of fiduciary duty against a doctor that fails to uphold either duty. If you or a loved one suffered harm due to incompetent medical care, it is wise to meet with a Maryland medical malpractice lawyer to determine your rights.

Case Background

It is alleged that the plaintiffs filed a lawsuit against the defendant hospital and defendant doctor on behalf of their incapacitated daughter. In their complaint, they set forth claims of medical malpractice, breach of fiduciary duty, and failure to provide sufficient warning. They alleged that the defendants intentionally deceived their daughter by not informing her that the medical devices used in her treatment were not approved by the Food and Drug Administration. The defendants requested a judgment as a matter of law regarding the count that alleged a breach of fiduciary duty.

Duties a Doctor Owes a Patient

The court ultimately granted the defendants’ motion and dismissed the plaintiffs’ breach of fiduciary duty claim. The court explained that the defendant doctor had two legally recognized duties towards the plaintiffs’ daughter as her doctor: (1) to treat her in the same manner that a reasonably prudent doctor with his specialty would have done in similar circumstances, and (2) to inform her of the consequences of a proposed treatment. Continue Reading ›

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In Maryland, if people die due to complications caused by the negligence of their healthcare providers, their loved ones may be able to seek compensation via wrongful death claims. Only certain parties have the right to pursue such claims, however. In a recent Maryland medical malpractice case, the court analyzed whether there was adequate evidence of a common law marriage so as to grant a purported wife standing to pursue wrongful death claims, ultimately determining that there was. If you lost a loved one because of incompetent medical care, it is wise to speak to a Maryland medical malpractice lawyer about your possible claims.

Background of the Case

It is reported that the plaintiff filed a wrongful death lawsuit against the defendant doctor and defendant hospital. In his complaint, the plaintiff asserted that the decedent was his wife under Pennsylvania common law. The defendant doctor filed a motion to dismiss, arguing that the plaintiff lacked standing to bring the wrongful death claim because he and the decedent were not married under Pennsylvania law. The trial court agreed with the defendant and dismissed the complaint. In doing so, the court stated that the plaintiff failed to provide enough evidence to establish a genuine dispute about his alleged common-law marriage. The plaintiff appealed.

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People that suffer adverse consequences due to inadequate medical care will often seek compensation via medical malpractice claims. In order for their claims to proceed, they must file them within the applicable statute of limitations. There are circumstances that allow for the tolling of the statute of limitations, however. For example, as demonstrated in a recent medical malpractice case, the discovery rule applied to toll the statute of limitations when the plaintiff’s doctor misled her regarding her symptoms. If you were hurt by an improperly performed procedure, it is advisable to confer with a Maryland medical malpractice lawyer promptly.

The Plaintiff’s Claims

It is reported that in 2008, the plaintiff sought treatment from the defendant due to headaches. The defendant recommended a surgical procedure, advising that it would relieve the pain but cause numbness behind each ear. The plaintiff underwent the procedure but was left with severe, disabling pain.

It is alleged, however, that the doctor assured the person that her condition was not unusual and that some people require a second surgery. The plaintiff decided against a further procedure. She was unaware of any wrongdoing until she searched online for articles about the doctor and discovered that other people had filed lawsuits for medical malpractice for similar surgery. She subsequently filed a lawsuit against the defendant in 2016, asserting medical malpractice, lack of informed consent, and negligence claims. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were prohibited by the statute of limitations. Continue Reading ›

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In Maryland, people injured by the negligence of healthcare providers have the right to pursue medical malpractice claims. They must do so within the time proscribed by the statute of limitations, however, otherwise, their claim may be dismissed. As discussed in a recent Maryland ruling, the statutory period generally begins to run when the plaintiff knows or has reason to know of their claim. If you were injured by improperly rendered medical care, it is smart to speak to a Maryland medical malpractice lawyer promptly to avoid waiving your right to recover damages.

The Facts of the Case

It is reported that the defendant performed hip replacement surgery on the plaintiff in April 2010. The plaintiff experienced pain and complications immediately after the procedure. She continued to treat with a different orthopedic surgeon, who, in December 2010, opined, recommended revision surgery. In January 2014, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging he negligently performed the hip replacement surgery.

Allegedly, the defendant moved for summary judgment asserting that, as a matter of law, the plaintiff had inquiry notice of her claims against him in December 2010, and therefore, her claims were barred by the statute of limitations. The court found in favor of the defendant and granted his motion. The plaintiff appealed. Continue Reading ›

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Expert testimony is essential in Maryland medical malpractice cases as it helps the jury to understand complex medical issues and determine whether the defendant breached the standard of care, causing harm to the plaintiff. Thus, if a plaintiff is precluded from offering expert testimony, it may be devastating to their claims. Not all medical professionals are qualified to testify as an expert, however. Rather, as demonstrated in a recent Maryland case, only providers that practice in the same specialty as the defendant or a related specialty will be permitted to testify on issues such as the standard of care and the defendant’s failure to uphold the standard. If you were hurt by the carelessness of a physician, you might be owed compensation, and it is smart to speak to a Maryland medical malpractice lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff visited the defendant to obtain a chemical peel on the skin of her face. She subsequently suffered intense pain, chemical burns, and scarring. As such, she filed a lawsuit against the defendant, asserting claims of medical malpractice, failure to obtain informed consent, and other claims. The case proceeded to trial before a jury; during the trial, the court ruled that the plaintiff’s medical expert could not express an opinion about the standard of care for the chemical peel application because he was not board certified in a related specialty, as required by the Maryland Health Care Malpractice Claims Act. The plaintiff filed a motion for a new trial, which was denied by the court. The plaintiff and defendant both appealed.

Expert Testimony in Maryland Medical Malpractice Cases

On appeal, the court addressed the issue of whether the trial court erred in precluding the plaintiff’s medical expert from testifying. The court ultimately ruled that the trial court’s reasoning was sound and therefore affirmed the ruling. Maryland law provides that a healthcare provider may not be held liable for medical negligence unless it is established that the care given is not in accordance with the standards of practice among members of the same profession with similar training and experience in the same or similar communities at the time of the alleged act giving rise to the cause of action. Continue Reading ›

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During the COVID-19 pandemic, Maryland and other jurisdictions issued orders and laws impacting healthcare provider liability. While many of the orders and laws are no longer in effect, their ramifications are still present, as they can operate to bar medical malpractice claims. This was demonstrated recently when a court dismissed a plaintiff’s medical malpractice claim arising out of the negligent treatment of COVID-19 in a patient who later passed away. If you lost a loved one or sustained injuries because of inadequate medical treatment, it is in your best interest to confer with a Maryland medical malpractice lawyer about what damages you may be able to recover.

The Facts of the Case

It is reported that the decedent was admitted to the defendant’s hospital for the treatment of asthma. She was on dialysis at the time as well. She was tested for COVID-19 upon admission, and her test results were negative. During her stay, however, she was placed in a room with a patient being treated for COVID-19. The decedent tested positive for COVID-19 shortly thereafter. She declined rapidly and was placed on a ventilator. Sadly, she succumbed to the illness; her cause of death was listed as pneumonia and COVID-19.

Allegedly, the plaintiff filed a wrongful death action against the defendant on behalf of the decedent’s estate. In her complaint she asserted a single count of medical malpractice, in which she alleged the defendant’s negligence in exposing the decedent to COVID-19 and failing to provide her with adequate care caused her death. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were immune pursuant to COVID-19 laws in effect at the time of the decedent’s care. Continue Reading ›

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There are arguably benefits to pursuing claims in federal court; the process is more streamlined, cases generally move quicker, and parties must exchange disclosures, so they understand the issues early on. Only certain cases can proceed in federal court, though, and generally, those cases do not include medical malpractice claims. This was illuminated recently when a federal court dismissed a plaintiff’s medical malpractice claims, not due to lack of merit but because it lacked jurisdiction over his claims. If you were harmed by a careless physician, you have the right to seek redress, and you should meet with a Maryland medical malpractice lawyer to discuss the best manner to proceed.

Factual and Procedural Background of the Case

It is alleged that the plaintiff filed a lawsuit in federal court against the defendant, arguing that the doctors it employed failed to provide him with proper medical care or prescribe him with antibiotics, despite the fact that he was suffering from an infection. He also asserted that he was unjustly asked to leave the premises. In addition to filing his pro secomplaint, he filed an application to proceed in forma pauperis. The court ultimately decided to grant his in forma pauperis application but dismissed his claims without prejudice.

Medical Malpractice Claims Pursued in Federal Courts

The federal courts have limited subject matter jurisdiction, as set forth in the federal rules. In other words, pursuant to the applicable statutes, federal jurisdiction can only be exercised over matters that present federal questions or where the amount in controversy exceeds $75,000 and the parties are of diverse citizenship. In other words, no defendant and plaintiff can reside in the same jurisdiction. Continue Reading ›

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Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a duty owed. As such, absent proof of a duty owed, the plaintiff’s claim will most likely fail. This was evident in a recent Maryland case in which the court ruled that a pharmacist had no duty to warn a patient of the dangers of taking a medication and dismissed her claim. If you were hurt by the carelessness of a pharmacist or doctor, it is advisable to talk to a Maryland medical malpractice lawyer about your rights.

The Facts of the Case

It is reported that the plaintiff suffered permanent harm after taking a medication she was prescribed after she was exposed to toxic mold. Specifically, she developed acute gastritis, which later became chronic, and was hospitalized several times. She subsequently filed a lawsuit against the manufacturer of the drug and the pharmacy that filled her prescription. As to the pharmacy, she alleged that it failed to warn her of the potential side effects of the medication, thereby causing her harm. The defendants moved to dismiss the plaintiff’s claims. The court granted the motions.

Duties Pharmacists Owe Patients

As to the pharmacy, the court held that the plaintiff failed to state a claim for which the court could grant relief. Specifically, her complaint did not set forth facts that, if proven to be true, demonstrated a plausible right to relief. The court noted that a plausible claim must be more than merely speculative or conceivable.

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Pursuant to Maryland law, parties that wish to pursue medical malpractice claims must submit a certificate of qualified expert in conjunction with their complaint. If they fail to meet this requirement, their complaint will most likely be dismissed. While the expert providing the certificate must meet certain requirements, they do not have to practice in the precise specialty as the defendant, as discussed in a recent Maryland case. If you were harmed by a careless physician, it is important to understand what evidence you must offer to recover damages, and you should speak to a Maryland medical malpractice attorney as soon as possible.

Procedural History of the Case

It is alleged that the defendant surgically removed the plaintiff’s dental implants and installed replacements. The procedure required the defendant to create bone grafts and place the implants. The procedure ultimately failed, causing the plaintiff extreme pain. The plaintiff developed an infection and had to undergo additional surgery to remediate the issues caused by the initial procedure.

Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant. In conjunction with his complaint, he submitted a certificate of qualified expert, as required under Maryland law. The defendant moved to strike the certificate and dismiss the plaintiff’s complaint on the grounds that the expert was not qualified. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

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Pursuant to state and federal law, parties are permitted to pursue civil lawsuits, including medical malpractice claims, without the assistance of an attorney. Medical malpractice cases are challenging, however, and parties that file them without legal counsel are likely to make mistakes that impact their right to recover damages. This was demonstrated in a recent Maryland opinion delivered by the district court, in which it dismissed the plaintiff’s medical malpractice claims because of a lack of jurisdiction. If you were hurt by the negligence of your doctor, it is in your best interest to retain the assistance of a Maryland medical malpractice attorney to help you pursue damages.

History of the Case

It is alleged that the plaintiff filed a lawsuit against hospital employees in the United States District Court for the District of Maryland. The plaintiff’s complaint asserted that jurisdiction was proper because the defendants forced him to do things against his will. To his complaint, he attached a document that indicated he was discharged from a psychiatric program due to his failure to comply with the program rules and an order from a judge that committed him involuntarily to the hospital where the defendants worked. The plaintiff also moved to proceed in forma pauperis. The court granted the motion but also dismissed the plaintiff’s complaint.

Jurisdiction In Medical Malpractice Matters

In the opinion dismissing the complaint, the court explained that federal courts have limited jurisdiction. As such, a federal district court may only preside over a case if it possesses the authority granted by the Constitution and statutory law to do so. Thus, if a party wishes to proceed in federal court, they must allege and, if challenged, must show that the federal court can exercise subject matter jurisdiction over the case. Continue Reading ›

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