Medical malpractice actions are generally complex, and Maryland law imposes greater evidentiary and pleading standards on plaintiffs pursuing negligence claims against medical providers. A plaintiff that fails to abide by the obligations imposed by the Maryland Health Care Malpractice Claims Act (HCMCA) runs the risk of having his or her claims dismissed, regardless of whether they are valid. In a recent Maryland ruling issued in a urology malpractice case, a court discussed the pleading requirements imposed on plaintiffs in medical malpractice cases. If you suffered harm due to incompetent medical care, it is advisable to meet with a skillful Maryland medical malpractice lawyer to discuss what you must prove to recover damages.
The Plaintiff’s Allegations
It is reported that the plaintiff underwent numerous urological surgeries and procedures in November 2014 to address calculi on his kidneys and kidney stones and to replace existing ureteral stents. Employees of the defendant healthcare provider performed the procedures. The plaintiff was scheduled to undergo a cystoscopy and removal of the stents at a later date, but the defendant never performed the surgeries.
Allegedly, as a result of the delay in performing the follow-up procedures, the plaintiff developed chronic urinary tract infections, pain, hematuria, and numerous large stones within his bladder and kidneys. He subsequently filed a lawsuit against the defendant, asserting medical malpractice claims. The defendant moved for dismissal, arguing that the plaintiff failed to comply with the pleading requirements imposed by the HCMCA. Continue Reading