People who suffer harm due to incompetent medical care can seek damages via medical malpractice claims. Only treatment administered in the context of a medical relationship will give rise to liability, however. This was demonstrated in a ruling in which the court dismissed the plaintiff’s medical malpractice claims on the grounds that she could not prove that a treatment relationship existed. If you were hurt by an incompetent health care provider, you may be able to pursue a claim for damages, and you should consult a Maryland medical malpractice lawyer regarding your possible claims.
The Plaintiff’s Allegations
It is alleged that the plaintiff suffered an injury at work, after which she filed a disability claim. As part of the claim process, she underwent an independent medical examination, and her disability leave was managed by a nurse case manager. She attempted to return to work on numerous occasions but was advised she would not be released from the disability program until she authorized the release of her medical information. She ultimately returned to work but was terminated a few months later.
It is reported that the plaintiff, acting pro se, subsequently filed a lawsuit asserting medical negligence and malpractice claims against the supervisor of the nurse case manager responsible for handling her claim. The defendant moved the case to federal court and then moved to dismiss the plaintiff’s claims.
Duties Owed by Medical Professionals
The court ultimately granted the defendant’s motion on the grounds that the plaintiff did not set forth factual allegations that would allow her to recover damages under a theory of medical malpractice or negligence as a matter of law. Specifically, the court stated that the plaintiff had not demonstrated that the defendant owed her a legal duty.
The court explained that despite the fact that the plaintiff repeatedly mentioned the defendant’s nursing license, the mere fact that a health care professional possesses a valid license does not, in and of itself, confer a duty of care. Instead, the plaintiff must prove the existence of a medical relationship that gives rise to a duty of care. In other words, that the defendant took some action to treat the plaintiff. In the subject case, however, the court found that the plaintiff failed to show that the defendant treated her in any capacity. The medical examinations that the defendant ordered were performed by independent doctors and were not requested for treatment purposes but to evaluate the plaintiff’s disability status. Thus, the court granted the defendant’s motion to dismiss.
Contact an Experienced Maryland Attorney
If a health care provider negligently performs their duties, it can lead to lasting harm and may be grounds for pursuing a medical malpractice claim. If you were injured by a careless doctor, you have the right to seek compensation, and you should speak to a lawyer as soon as possible. The experienced Maryland attorneys of Arfaa Law Group can assess the circumstances surrounding your harm and help you to seek any damages you may be owed. You can reach us through our online form or by calling us at (410) 889-1850 to set up a meeting.