In medical malpractice cases, as in all other matters, it is vital that the plaintiff receive a fair trial before an impartial judge. Thus, a plaintiff who believes a judge harbors an implicit bias can file a motion seeking recusal. It is equally important that a plaintiff follow the proper procedure for pursuing claims of medical negligence, as the failure to do so can also impact the right to recover damages, as demonstrated in a recent opinion in which the plaintiff’s motion seeking recusal was ultimately denied due to the court’s lack of jurisdiction. If you were hurt by incompetent medical care, it is important to consult a seasoned Maryland medical malpractice attorney to determine what claims you may be able to pursue.
The Plaintiff’s Harm and Subsequent Filings
Allegedly, the defendants were the plaintiff’s primary care providers who had diagnosed the plaintiff with paranoia, which caused her to be detained and treated against her will. The plaintiff filed a lawsuit seeking damages for medical malpractice, intentional infliction of emotional distress, and negligence. The plaintiff and each of the named defendants were residents of Maryland.
It is reported that the plaintiff filed a motion seeking recusal, arguing the judge was biased due to an adverse ruling in a prior bankruptcy matter. The court ultimately denied the plaintiff’s motion, however, due to the lack of subject matter jurisdiction over the case. The court dismissed the plaintiff’s complaint. Continue Reading