Published by Arfaa Law Group
In Maryland, if a doctor negligently performs a surgical procedure in a hospital, both the doctor and the hospital may be liable for the patient’s harm. Determining the proper parties to sue in a medical malpractice case can be challenging, though, as in some matters, parties will take measures to conceal their relationships. As explained in a recent Maryland medical malpractice case, a plaintiff pursuing a claim for fraudulent concealment must set forth certain allegations. If you incurred damages because of an improperly performed procedure, it is important to contact a Maryland medical malpractice attorney about your options.
Facts and Procedure of the Case
It is alleged that the plaintiff underwent surgery for gallbladder disease, which was performed by the defendant. He subsequently developed complications, allegedly due to the negligence of the defendant. The plaintiff also asserted that the defendants failed to inform him of the risks of surgery and did not obtain informed consent. After a series of surgeries and evaluations, the plaintiff filed a claim in the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) in 2018, followed by the current medical negligence action against the defendant in 2023.
It is reported that the plaintiff also argued that the hospital where the defendant performed the surgery fraudulently concealed its relationship with the defendant and conspired to commit fraud against the plaintiff. The defendant filed a motion to dismiss, arguing that the claims were time-barred under Maryland law.
Fraudulent Concealment in Medical Malpractice Cases
The court examined the statute of limitations, which requires a medical malpractice claim to be filed within five years of the injury or three years from the date of discovery. The court considered the plaintiff’s allegations and the timeline of events, noting that the injury occurred during surgery on October 11, 2015. The plaintiff became aware of the alleged malpractice no later than November 20, 2015, when corrective surgery was performed. The court concluded that the plaintiff’s claims were time-barred, as the lawsuit was filed on May 23, 2023, well beyond the five-year limit.
Additionally, the court rejected the plaintiff’s reliance on Section 5-203 for tolling the statute of limitations due to fraudulent concealment, emphasizing the lack of specific allegations in the complaint regarding how the alleged fraud kept the plaintiff in ignorance of the cause of action. Consequently, the court granted the defendant’s motion to dismiss, dismissing the complaint.
Talk to a Trusted Maryland Attorney
It is not uncommon for the negligent or careless acts of multiple healthcare providers to conspire to cause a patient harm, and when they do, they may be liable for medical malpractice. If you were injured due to the recklessness of a doctor or hospital system, it is smart to talk to an attorney about what claims you may be able to pursue. The trusted Baltimore medical malpractice lawyers at Arfaa Law Group take pride in helping people harmed by medical incompetence in the pursuit of damages, and if you hire us, we will advocate zealously on your behalf. To schedule a conference, you can contact us through our online form or by calling (410) 889-1850.