Whether a plaintiff in a Maryland medical malpractice case is awarded damages generally depends on the strength of the testimony provided by the plaintiff’s medical expert. Specifically, the expert must establish not only that the defendant departed from the standard of care but also that the deviation caused the plaintiff’s harm. Thus, if a plaintiff’s expert cannot establish causation, the plaintiff’s claims may fail. Recently, a Maryland court discussed the standards for evaluating whether an expert opinion on causation is reliable enough to be admitted into evidence, in a case where the defendants were accused of medical malpractice for failing to diagnose the plaintiff’s cancer in a prompt manner. If you were harmed by your doctor’s carelessness, it is in your best interest to meet with a trusted Maryland medical malpractice attorney to determine your potential claims.
It is reported that the defendants began treating the plaintiff in the summer of 2014 when the plaintiff reported blood in his urine. The defendants did not offer the plaintiff any diagnostic or laboratory tests that would screen for cancer. Subsequently, in the fall of 2015, the plaintiff was diagnosed with metastatic cancer in his kidney and bladder. He then filed a medical malpractice lawsuit against the defendants, alleging their failures led to the spread of his cancer, worsening his prognosis and reducing his life expectancy.
Allegedly, following discovery, the plaintiff submitted the reports of multiple medical experts, including one who offered an opinion that the defendants’ breach of the standard of care led to the plaintiff’s harm. The defendants then moved to preclude the plaintiff from allowing the expert to testify regarding causation at trial, on the basis that the expert’s opinion was unreliable. Continue Reading