Published by Arfaa Law Group
Medical malpractice claims often involve allegations that a healthcare provider failed to recognize known risks, prescribed inappropriate treatment, or did not respond appropriately when complications developed. Before Maryland courts will consider whether a healthcare provider breached the applicable standard of care, however, injured patients generally must satisfy specific procedural requirements established by state law. A recent Maryland decision highlights both the importance of those procedural rules and the distinction between medical malpractice claims and other legal theories arising from medical treatment. If you suffered injuries because of negligent medical care, you should speak with a Baltimore medical malpractice attorney to protect your rights and ensure your claim is properly filed.
Facts and Procedural History
Allegedly, the plaintiff received medical treatment for a hand injury that included prescription medications intended to manage pain and inflammation. After beginning the prescribed treatment, the plaintiff experienced severe gastrointestinal symptoms, including stomach pain and signs of internal bleeding. According to the complaint, the plaintiff later discovered that the medications carried warnings advising against their combined use because of an increased risk of serious gastrointestinal complications.
Reportedly, the plaintiff sought additional medical attention after developing those symptoms but maintained that the healthcare provider failed to modify the treatment plan or discontinue either medication despite the reported complications. The plaintiff subsequently filed suit asserting both constitutional claims and a negligence claim based on the alleged failure to exercise reasonable medical care. The defendants moved to dismiss the complaint.
Requirements for Filing Maryland Medical Malpractice Claims
Although the court permitted one claim to proceed under federal constitutional law, it separately analyzed the plaintiff’s negligence allegations under Maryland medical malpractice law. The court explained that claims alleging a healthcare provider improperly prescribed medication, failed to recognize dangerous drug interactions, or did not respond appropriately to complications are fundamentally medical malpractice claims because they challenge the provider’s professional medical judgment and compliance with the applicable standard of care.
The court emphasized that Maryland has established mandatory procedures governing virtually all medical malpractice actions. Before filing a malpractice lawsuit in court, a claimant generally must first submit the claim to the Maryland Health Care Alternative Dispute Resolution Office. In addition, the claimant ordinarily must file a Certificate of Qualified Expert and an accompanying expert report that identifies the applicable standard of care, explains how the healthcare provider departed from that standard, and connects the alleged breach to the patient’s injuries.
These statutory requirements serve an important gatekeeping function by ensuring that malpractice claims have expert support before litigation proceeds. Maryland courts consistently enforce these procedural prerequisites, whether the malpractice action is filed in state or federal court.
In this case, the court determined there was no indication that the plaintiff had first presented the negligence claim through the required administrative process. Because compliance with those statutory requirements is mandatory, the court dismissed the medical negligence claim without prejudice. The dismissal did not address whether the healthcare providers actually met the applicable standard of care or whether malpractice occurred. Instead, it reflected only that the plaintiff had not completed the procedural steps required before pursuing a medical malpractice action. The plaintiff, therefore, remained free to pursue the negligence claim after satisfying Maryland’s statutory filing requirements.
Speak with an Experienced Baltimore Medical Malpractice Attorney About Your Potential Claims
If you or someone you love sustained injuries because of negligent medical treatment, improper medication management, or another healthcare provider’s failure to exercise appropriate medical judgment, you should talk to an attorney. The experienced Baltimore medical malpractice attorneys at Arfaa Law Group can evaluate your potential claims and guide you through every stage of the process. Call Arfaa Law Group at (410) 889-1850 or contact the firm through its online form to schedule a confidential and free consultation.