Published by Arfaa Law Group
Even when people are incarcerated, they remain entitled to timely and adequate medical treatment. Delays in providing essential care, such as physical therapy after surgery, can lead to lasting harm. A recent decision by a Maryland court illustrates the distinction between medical negligence claims under Maryland law and constitutional claims under the Fourteenth Amendment. While the plaintiff’s medical malpractice allegations were dismissed, the court allowed his constitutional claims against medical providers to proceed. If you or a loved one has suffered harm due to delayed or inadequate care in a correctional facility, it is essential to seek guidance from a Baltimore medical malpractice attorney.
Case Setting
It is alleged that the plaintiff, a pretrial detainee at the time, sustained severe injuries after multiple assaults while in custody. Following one attack in September 2023, the plaintiff underwent surgery to repair a broken leg and torn meniscus. He was discharged with orders for physical therapy.
It is reported that the plaintiff claimed his physician delayed authorizing the necessary therapy, which postponed his rehabilitation for approximately one month. During this time, he remained immobilized, which allegedly worsened his condition. The plaintiff further asserted that the physical therapist failed to begin treatment despite receiving orders from the attending physician. He contended these delays caused long-term impairment of mobility and required additional sessions that he still had not received.
It is alleged that the plaintiff also argued the surgeon who performed the procedure failed to ensure he regained full ambulation, resulting in permanent disability. These failures formed the basis of his malpractice and constitutional claims against the medical providers.
Procedural Requirements for Medical Malpractice in Maryland
On review, the court emphasized that any medical negligence claim brought under Maryland law is subject to the state’s Health Care Malpractice Claims Act. The statute requires that malpractice claims be filed first with the Health Care Alternative Dispute Resolution Office and supported by a certificate of a qualified expert. The court noted that this exhaustion requirement applies in both state and federal courts. Because the plaintiff had not complied with these prerequisites, his state-law malpractice claims against the physician and physical therapist were dismissed.
It is reported that the plaintiff alleged a serious medical condition, post-surgical leg injuries, requiring timely rehabilitation. He claimed the physician failed to properly authorize therapy and the therapist failed to initiate it, leaving him immobile with a reduced range of motion. Taking these allegations as true, the court found that the plaintiff plausibly stated constitutional claims for deliberate indifference to his medical needs. Accordingly, those claims were allowed to proceed into discovery.
Ultimately, the court dismissed the plaintiff’s malpractice claims for failure to comply with statutory prerequisites but denied the defendants’ motions to dismiss the constitutional claims. Recognizing the complexity of the issues and the plaintiff’s need for assistance, the court appointed counsel to represent him as the case proceeds to discovery.
Talk to a Skilled Baltimore Medical Malpractice Attorney
If you or a loved one has been harmed by delayed or denied treatment while incarcerated, the skilled Baltimore medical malpractice attorneys at Arfaa Law Group can provide the guidance and advocacy you need. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation and learn more about your legal options.