Published by Arfaa Law Group
Medical malpractice litigation requires more than proof of negligent care. It demands strict adherence to procedural rules, particularly those governing discovery and expert testimony. Courts rely heavily on these rules to ensure fairness and efficiency, and failure to comply can result in dismissal regardless of the merits of the underlying claim. A recent Maryland decision illustrates how discovery violations, especially those involving expert witnesses, can be fatal to a plaintiff’s case. If you are pursuing a medical malpractice claim in Maryland, it is essential to consult with a Baltimore medical malpractice attorney who can ensure your case is properly developed and protected at every stage.
Facts and Procedural History
Allegedly, the plaintiff filed a medical malpractice action after her spouse received treatment during two hospital admissions, claiming that medical providers failed to prevent and properly treat pressure ulcers and related complications.
It is alleged that before initiating litigation, the plaintiff requested medical records and received a limited set, which she provided to a retained expert. Based on these materials, the expert concluded that the defendants deviated from the applicable standard of care in several respects, including failure to implement preventative measures.
Reportedly, during discovery, the defendants produced a far more extensive set of medical records that contradicted portions of the expert’s conclusions and raised questions about the factual basis for the opinions offered.
It is reported that the court issued a scheduling order requiring completion of expert depositions by a specific deadline. Despite repeated requests from defense counsel, the plaintiff failed to make her expert available within that timeframe. Although a deposition was eventually scheduled, the plaintiff canceled it after the deadline had passed.
Reportedly, the defendants moved to strike the expert and sought summary judgment, arguing that without expert testimony, the plaintiff could not sustain a medical malpractice claim. The trial court initially declined to impose the harsh sanction of exclusion and instead ordered a post-deadline deposition. However, the plaintiff refused to comply with that order and instead filed interlocutory appeals.
It is reported that, after the plaintiff again failed to produce the expert, the trial court revisited its ruling, struck the expert witness, and granted summary judgment in favor of the defendants.
Discovery Violations in Medical Malpractice Cases
On appeal, the court conducted a de novo review of the legal issues and evaluated whether the trial court properly exercised its discretion. It first addressed the plaintiff’s argument that her interlocutory appeals deprived the trial court of jurisdiction. The court rejected this argument, explaining that interlocutory appeals do not automatically stay proceedings absent a specific order.
The court then examined the discovery violations. It emphasized that trial courts have broad authority to enforce scheduling orders and to impose sanctions when parties fail to comply. The court found that the plaintiff’s conduct demonstrated a pattern of noncompliance, including failure to respond to scheduling requests and cancellation of an agreed deposition without justification.
The court further noted that expert testimony is indispensable in medical malpractice cases. Without such testimony, a plaintiff cannot establish the standard of care, breach, or causation. By refusing to produce the expert for deposition, the plaintiff deprived the defendants of a fair opportunity to challenge the expert’s opinions.
Given these circumstances, the court held that striking the expert was an appropriate sanction. Once the expert was excluded, no genuine dispute of material fact remained, and summary judgment was proper. As such, the court affirmed the trial court’s decision.
Consult with a Skilled Baltimore Medical Malpractice Attorney at Arfaa Law Group
If you suffered harm due to incompetent medical care, you may be owed damages, and it is important to talk to an attorney. The skilled Baltimore medical malpractice attorneys at Arfaa Law Group understand how to navigate complex matters, and if you engage our services, we will advocate aggressively on your behalf. You can contact us via our online form or at (410) 889-1850 to schedule a consultation.