Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must establish, the core element is a doctor-patient relationship. If a plaintiff cannot establish that such a relationship existed, it will most likely result in a dismissal of their claims. This was demonstrated in a recent case in which a pro se plaintiff sought damages for what she alleged constituted medical malpractice. If you were hurt by incompetent medical care, it is smart to speak to a Maryland medical malpractice lawyer regarding what evidence you must produce to recover damages.
The Plaintiff’s Allegations
It is reported that the plaintiff was an employee at the bank when she filed a claim for disability benefits through the bank’s disability program. The defendant nurse was the nurse case manager assigned with administering the plaintiff’s leave. She did not treat the plaintiff, however. The plaintiff and the bank’s insurer later disagreed as to whether she could return to work.
Allegedly, the plaintiff stated she incurred substantial medical costs and lost thirty percent of her salary for three months because she was not allowed to resume her job duties. She then filed a lawsuit against many of the parties associated with handling her disability claim, including the defendant nurse, who she alleged committed medical malpractice. The defendant nurse moved to dismiss the plaintiff’s claims on the grounds that she failed to state a claim for damages. The court ultimately ruled in favor of the nurse. Continue Reading ›