Published by Arfaa Law Group
In Maryland, plaintiffs pursuing claims of medical malpractice must do more than allege poor outcomes; they must articulate a clear breach of the applicable standard of care and comply with statutory procedural requirements. Without these foundational elements, courts will dismiss the claim at the pleading stage, regardless of the severity of the alleged injury, as demonstrated in a recent Maryland case. If you were harmed by negligent medical care in an emergency room or hospital, you should speak with a Baltimore medical malpractice attorney about whether you have a viable claim.
Case Setting
It is alleged that the plaintiff was taken to the hospital by ambulance on November 22, 2023, after accidentally shooting himself in the leg. Upon arrival at the emergency department, the plaintiff reportedly encountered hospital staff who laughed at him and used a racial slur. Despite this, he proceeded with treatment and allegedly informed providers of a bubble-like mass at the wound site, which he believed to be infected. The plaintiff asked for antibiotics, but it is reported that the attending physician chose instead to wash the wound with saline and discharged him with instructions to keep the leg clean and compressed.
It is further alleged that over the next several weeks, the plaintiff made repeated visits to the hospital due to worsening symptoms, including swelling, redness, and a recurring abscess. He reportedly underwent a drainage procedure in late January 2024, followed by additional treatment in early February. On each visit, he claims he asked for antibiotics, but was allegedly told they were not advisable due to his diabetes. By mid-February, the plaintiff underwent another procedure, this time receiving intravenous antibiotics, one of which he claims caused an adverse reaction. The plaintiff further alleged that he was pressured to accept anesthesia and medication against his wishes. Following surgery, he was instructed to avoid air travel, which caused him to miss a work-related training event.
It is reported that the plaintiff framed these events, in part, as evidence of medical malpractice. He alleged that the hospital and its physicians failed to provide adequate care by refusing antibiotics, mismanaging the wound, and delaying surgical drainage. However, he did not assert a standalone medical malpractice claim under Maryland law, nor did he comply with the statutory prerequisites for filing such a claim. Instead, the plaintiff pursued relief solely through federal civil rights statutes, arguing that the care he received was discriminatory and indifferent to his medical needs. The defendants moved to dismiss his claims.
Federal Court Declines to Infer Medical Malpractice Claim
Although the plaintiff referenced “medical malpractice” in his filings, the court found no evidence that he had intended to assert an independent claim under Maryland’s Health Care Malpractice Claims Act (HCMCA). Under Maryland law, a plaintiff alleging medical malpractice must initiate the claim by filing a certificate of a qualified expert with the Health Care Alternative Dispute Resolution Office before proceeding in court. This certificate must establish that the defendant’s conduct fell below the applicable standard of care and proximately caused the plaintiff’s injuries. Absent such certification, Maryland courts lack jurisdiction to hear the malpractice claim.
The court noted that the plaintiff failed to file a certificate or comply with any of the HCMCA’s procedural requirements. Moreover, the plaintiff explicitly stated that his suit was brought under federal civil rights laws and not Maryland tort law. While courts may liberally construe pleadings filed by pro se litigants, they are not permitted to invent claims not clearly presented. Even if the court had construed the complaint as asserting a state-law malpractice claim, it would have been dismissed for failure to satisfy mandatory procedural prerequisites.
Confer with a Trusted Baltimore Medical Malpractice Attorney
Establishing medical negligence requires, among other things, compliance with pleading requirements. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys are well-versed in the evidentiary and procedural demands of these claims. If you or a loved one suffered harm due to negligent medical treatment, contact us at (410) 889-1850 or complete our online form to schedule a free consultation.