Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation. Medical malpractice cases are typically complex, however, and involve an intricate interplay of legal and factual issues. As such, people who attempt to pursue medical malpractice claims without the assistance of an attorney may unknowingly fail to take the actions necessary to preserve their rights. This was demonstrated in a recent Maryland opinion issued in a case in which the plaintiff’s convoluted complaint that included medical malpractice claims and other assertions was ultimately dismissed. If you were injured due to the reckless acts of a physician, it is in your best interest to meet with a Maryland medical malpractice lawyer to discuss your potential claims.
Factual and Procedural Background of the Case
It is reported that the plaintiff was hospitalized, after which he was transferred to the defendant’s facility, a treatment center that offered patients physical rehabilitation and medical services. He was admitted to the facility for approximately six months. He was then involuntarily discharged for failing to make payments for services rendered by the defendant. He subsequently filed a pro se lawsuit against the defendant, asserting numerous claims sounding in civil rights violations, discrimination, and medical malpractice. The defendant moved to dismiss the plaintiff’s claims, arguing that he failed to set forth allegations sufficient to establish any plausible claim for relief. Alternatively, the defendant argued that two of the plaintiff’s claims, which sounded in malpractice, must be dismissed because he did not exhaust his administrative procedures as required under the Maryland Health Care Malpractice Claims Act.
Pleading Requirements in Maryland Medical Malpractice Claims
The court noted that even if read broadly, Plaintiff’s complaint failed to set forth the elements of a medical malpractice claim. Regardless, the court opted not to exercise supplemental jurisdiction over any state law claims asserted by the plaintiff. The court cautioned, however, that if the plaintiff filed an amended complaint, he must clearly set forth factual information sufficient to support a state law medical malpractice claim. Additionally, the court explained that such claims must be set forth in separate counts and that the plaintiff must aver what efforts, if any, he has made to exhaust the procedures required by the Maryland Health Care Malpractice Claims Act.
Speak to a Trusted Maryland Attorney
Doctors have an obligation to provide their patients with competent care, and if they fail to uphold their duties and cause their patients to suffer harm as a result of their careless acts, they should be held accountable. If you were injured by a negligent physician, you might be able to pursue medical malpractice claims, and you should speak to an attorney as soon as possible. The trusted Maryland attorneys of Arfaa Law Group have ample experience handling complicated medical malpractice cases, and if you hire us, we will work tirelessly on your behalf. You can contact us via our online form or at (410) 889-1850 to set up a meeting.