Generally, a plaintiff pursuing medical malpractice claims will require expert testimony. Not all harm that occurs in a medical environment constitutes malpractice, however. Regardless, in cases involving medically complex injuries, expert testimony is typically necessary nonetheless, as demonstrated in a recent Maryland opinion. If you were injured due to the negligence of a healthcare provider, it is in your best interest to talk to a Maryland medical malpractice lawyer about whether you may be able to recover damages.
Factual and Procedural History
It is reported that the plaintiff hit her head on a wall-mounted cabinet while standing up from a chair in an observation room at the defendant’s hospital, where her son was receiving treatment. Three years later, she filed a lawsuit against the defendant, claiming severe physical and mental injuries due to their negligence in the construction and maintenance of the cabinet and failure to warn her of the danger.
Allegedly, during discovery, it was revealed that the plaintiff had been injured in a car accident and work-related incidents prior to the incident at the defendant’s hospital. The defendant then filed a motion for summary judgment, arguing that they plaintiff failed to provide evidence of breach of duty, actual injury, and causal relation to the incident. They claimed that expert testimony was required for causation and damages, which the plaintiff had not provided. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›