Published by Arfaa Law Group
Facilities responsible for treating committed patients must maintain appropriate clinical oversight, respond to signs of injury, and provide referrals when a patient’s condition warrants specialized evaluation. When medical staff fail to offer timely treatment or overlook known risks, questions arise about whether those failures constitute actionable medical malpractice. A recent Maryland opinion provides important guidance on the statutory steps required to bring a malpractice claim and demonstrates how failure to comply with procedural prerequisites can determine the outcome of a lawsuit before the merits are addressed. If you were injured by negligent medical care provided in a hospital or institutional setting, you should promptly consult a Baltimore medical malpractice attorney to assess your options.
Case Setting
Allegedly, the plaintiff was committed to a state psychiatric facility for the purpose of receiving a competency evaluation. During his placement, another patient struck him in the head. According to the plaintiff, the other patient had a documented history of violent conduct, and the facility should have anticipated the risk of harm. The plaintiff further maintained that he required a specialized neurological assessment because of his preexisting medical history, but did not receive adequate treatment after the assault.
It is alleged that the plaintiff filed a civil complaint asserting medical malpractice, negligence, and violations of federal constitutional rights. He claimed that the facility failed to take proper precautions to protect him from foreseeable injury and failed to provide appropriate medical evaluation and treatment once he was harmed. He also asserted that his medical condition required examination by a neurologist and that the facility’s failure to arrange such care resulted in ongoing complications.
Reportedly, the defendants moved to dismiss the suit, arguing that the plaintiff did not follow the required statutory procedures for medical malpractice and negligence claims. They also argued that the constitutional claims failed because the defendants were not proper parties under the relevant federal statute. The circuit court dismissed every claim except negligence but delayed final dismissal to allow the plaintiff an opportunity to file an affidavit establishing compliance with the state’s notice requirements.
It is reported that the plaintiff did not file the required affidavit and did not demonstrate compliance with the administrative prerequisites governing state-law claims. As a result, the circuit court dismissed his remaining claim, and the plaintiff appealed.
Prerequisites to Pursuing Maryland Medical Malpractice Claims
The court examined whether the circuit court properly dismissed the plaintiff’s medical malpractice claim. Under Maryland’s Health Claims Act, a plaintiff alleging a medical injury arising from the rendering or failure to render health care must file the claim initially with the Health Care Alternative Dispute Resolution Office if damages sought exceed the statutory threshold. The court emphasized that this process is mandatory and that compliance is a condition precedent to pursuing the claim in circuit court.
The court explained that the facility qualified as a health care provider under the Act and that the plaintiff’s allegations, including the assertion that the staff failed to provide proper treatment after the assault, fell squarely within the definition of a medical injury. The plaintiff conceded that he had not filed his claim with the designated administrative office. Although he argued that his status as a committed patient should exempt him from the statutory requirements, the appellate court rejected this position. Maryland precedent makes clear that all patients, including committed individuals, must comply with the procedural steps in the Act when asserting malpractice claims.
The court affirmed the dismissal of the malpractice claim because the plaintiff failed to satisfy the statutory filing requirements. The court also upheld dismissal of the constitutional and negligence claims on separate procedural grounds, noting that those claims could not proceed without evidence of compliance with mandatory notice provisions.
Consult a Knowledgeable Baltimore Medical Malpractice Attorney
If you or a loved one suffered harm because a medical facility failed to provide timely intervention, the knowledgeable Baltimore medical malpractice attorneys at Arfaa Law Group are available to help you understand your rights and pursue available remedies. Call our office at (410) 889 1850 or contact us online to arrange a consultation. We proudly represent clients throughout Baltimore and Maryland.