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In Maryland, dental malpractice claims, like other allegations of medical malpractice, must typically be proven via expert testimony. Thus, if a court deems a plaintiff’s expert testimony inadmissible, it will likely result in a ruling in favor of the defendant. If an expert report is sufficient under the evidentiary standards, however, it should not be deemed inadmissible, even if the expert did not review the plaintiff’s treating records prior to issuing the report, as explained in a recent ruling issued by a Maryland appellate court in a dental malpractice case. If you were hurt by incompetent dental care, it is smart to speak to a Maryland dental malpractice lawyer about your options for seeking compensation.

The Plaintiff’s Harm

It is reported that the defendant performed surgical removal of the plaintiff’s wisdom teeth. Following the procedure, the plaintiff experienced a permanent loss of feeling in her tongue. As such, she filed a dental malpractice lawsuit against the defendant, alleging he negligently severed her lingual nerves during the surgery. The defendant moved for summary judgment, and the court granted the motion, dismissing the plaintiff’s claims. The plaintiff then appealed.

Sufficiency of Expert Opinions in Dental Malpractice Cases

In granting the defendant’s motion for summary judgment, the trial court relied in part on the defendant’s assertion that the plaintiff’s expert opinion was unreliable because he did not review the medical records from her treating providers. The appellate court explained that juries could not infer medical negligence without testimony from experts, as issues relating to the standard of care and medical causation are beyond the understanding of the average layperson. Continue Reading

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Generally, when a defendant physician is accused of committing medical malpractice, the physician will refute the allegations throughout the process of litigation but will participate in defense of the plaintiff’s claims. A plaintiff in a medical malpractice case may seemingly be left with no recourse, however, if the defendant physician leaves the country and refuses to participate in the case. Recently, a federal appellate court discussed whether the insurer of a physician accused of medical malpractice can be held liable for damages assessed against the physician after the physician fled the country. If you were harmed by medical malpractice, it is important to retain an attorney who will fight diligently to protect your interests.

Facts of the Case

Allegedly, the defendant doctor treated the plaintiff’s decedent for shortness of breath and chest pain. While the defendant administered a stress test and EKG to the decedent and prescribed him a beta-blocker, the defendant did not advise the decedent to seek any other medical attention or visit a cardiologist. The decedent died due to a cardiac event eight days after he visited the defendant. The plaintiff subsequently advised the defendant’s malpractice insurer that she intended to file a medical malpractice lawsuit against the defendant, and provided the insurer with a copy of the complaint. The insurer retained an attorney to represent the defendant, but he was unable to locate the defendant, who moved to Pakistan and had no plans to return.

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Cochlear implants are supposed to provide relief to patients who are hearing impaired. Unfortunately, many times, cochlear implants end up causing more harm than good when they are negligently implanted. If you or someone close to you was harmed due to a cochlear implant, our experienced and reputable Baltimore medical malpractice attorneys can help you determine your legal options. While we aim to settle every case, we are not afraid to zealously advocate for your rights in the courtroom.

A cochlear implant is an electronic device that stimulates the nerves inside the inner ear, resulting in an increased hearing capacity. These devices are helpful when hearing aids don’t work because they produce hearing sensations while nerves within the inner ear are electronically stimulated. It is important to note that cochlear implants can help both children and adults who are deaf. According to the Food and Drug Administration, as of 2012, about 324,200 people worldwide have received cochlear implants, and more than 26 percent of recipients lived in the United States.

In some cases, the cochlear device is designed or manufactured defectively, causing an injury to the patient. Some examples of problems that could occur due to a cochlear implant include loss of hearing, damage to the cochlea, tissue death in surrounding skin, pain or discomfort, popping sounds, and even shock to the patient. When a medical device malfunctions, you may be able to sue the manufacturer, retailer, or distributor through a product liability claim.

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Medical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.

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