Published by Arfaa Law Group
In Maryland, plaintiffs pursuing claims of medical malpractice must clearly allege a breach of the applicable standard of care along with facts supporting causation. If a complaint lacks this foundation, courts will dismiss the claim before discovery even begins. A recent decision issued by a Maryland court illustrates how a failure to plead these elements, even when alleging serious injury, can result in dismissal at the pleading stage. If you were harmed by negligent care in an emergency room or hospital, you should talk to a Baltimore medical malpractice attorney about your potential claims.
History of the Case
It is reported that the plaintiff was injured in a motor vehicle collision and taken to a local emergency department operated by a hospital system. The plaintiff allegedly suffered a traumatic brain injury, an actively bleeding open head wound, and other injuries described as serious, disabling, and permanent in nature. According to the complaint, the plaintiff experienced a prolonged delay before being treated and was allegedly treated rudely and dismissively by the attending emergency physician.
It is alleged that the attending physician interacted in what the plaintiff perceived to be a “hostile environment” and that her demeanor was cold and unprofessional. The plaintiff further alleged that the hospital and physician exhibited discriminatory treatment, asserting that they failed to evaluate and treat her injuries in a manner consistent with how they would have treated similarly situated white patients.
It is further reported that the plaintiff described several aspects of care as deficient. Specifically, the physician failed to clean or shave the area around the head wound, which purportedly resulted in the formation of an enlarging hematoma requiring long-term care. The plaintiff also claimed that the physician offered to staple the wound without a proper examination and ultimately applied a glue-like substance to the open, bleeding wound without informed consent. The plaintiff moved to proceed in forma pauperis, prompting the court’s review.
Deficiencies of Medical Malpractice Claims
On review, the court dismissed the entire case. The plaintiff had asserted three claims: a civil rights violation under federal law, a general negligence claim, and a medical malpractice claim. While the court analyzed the federal discrimination allegations in detail, it dismissed the state law claims of negligence and malpractice without addressing their substance, declining to exercise supplemental jurisdiction over them after dismissing the only federal claim.
Nevertheless, the decision highlights an important point for malpractice plaintiffs: vague or conclusory allegations, even those involving serious harm, are insufficient to state a medical malpractice claim. To survive a motion to dismiss under the prevailing federal standard, a plaintiff must allege enough factual detail to render the claim plausible. This includes describing how the healthcare provider’s conduct deviated from accepted medical standards and how that deviation proximately caused the alleged injury.
In this case, while the plaintiff alleged dissatisfaction with the treatment and noted adverse outcomes, she failed to articulate what standard of care applied or how it was breached. She did not describe what a reasonable emergency physician would have done under similar circumstances, nor did she explain how the defendant’s alleged omissions directly caused her hematoma or other lasting injuries. Without those critical elements, the claim could not proceed.
Speak with an Experienced Baltimore Medical Malpractice Attorney
Succeeding in a medical malpractice lawsuit requires more than an account of subpar treatment; it demands legally sufficient allegations and supporting evidence showing a breach of professional standards. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys understand the complexities of these cases and can guide you in building a comprehensive and viable claim. If you believe you were harmed due to medical negligence in an emergency room or hospital, call us at (410) 889-1850 or complete our online form to schedule a free consultation.