Published by Arfaa Law Group
Many medical malpractice cases never reach a jury because they are resolved on procedural issues before the evidence of negligence is fully considered. Maryland law requires patients to satisfy specific pre-suit obligations, and courts will also examine whether a complaint contains sufficient factual allegations connecting each healthcare provider to the claimed injury. A recent Maryland decision demonstrates that even where a patient alleges inadequate follow-up treatment and worsening medical conditions, a lawsuit may be dismissed if these legal requirements are not met. If you believe you or a loved one suffered preventable injuries because of substandard medical care, an experienced Baltimore medical malpractice attorney can help you understand whether you have a viable claim and the steps necessary to protect your rights.
Facts and Procedural History
Allegedly, the plaintiff suffered serious pelvic injuries after being struck by a vehicle while incarcerated and was transported to a hospital for emergency treatment. After returning to the correctional facility, the plaintiff maintained that recommended follow-up care was denied and that the plaintiff continued experiencing severe back and hip pain, difficulty walking, and declining mobility. According to the complaint, repeated requests for additional treatment, including physical therapy and mobility assistance, were either delayed or inadequately addressed, resulting in worsening physical limitations.
Reportedly, the plaintiff filed suit asserting several claims against correctional officials and healthcare providers. As relevant to the medical negligence allegations, the plaintiff contended that the healthcare providers failed to provide appropriate follow-up treatment, delayed physical therapy, failed to provide a wheelchair in a timely manner, and prescribed ineffective medications that did not adequately address the plaintiff’s condition. The healthcare defendants moved to dismiss the medical negligence claim, arguing both that the plaintiff failed to satisfy Maryland’s mandatory pre-suit requirements and that the complaint did not sufficiently allege malpractice.
Medical Malpractice Pre-Suit Requirements
The district court first addressed Maryland’s procedural requirements governing medical malpractice actions. The court explained that any person seeking damages for injuries arising from medical negligence generally must first file a claim with the Maryland Health Care Alternative Dispute Resolution Office before initiating a lawsuit. As part of that process, a claimant ordinarily must submit 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 establishes that the alleged breach caused the patient’s injuries.
The court emphasized that these statutory requirements apply regardless of whether the medical malpractice action is filed in state court or federal court. Because the plaintiff presented no evidence that it had pursued the required administrative process before filing suit, the court concluded that dismissal of the medical negligence claim was warranted.
The court further explained that even if the plaintiff had completed the required administrative procedures, the complaint still failed to state a viable medical-negligence claim against the moving healthcare defendants. Under Maryland law, a medical malpractice plaintiff must plausibly allege that a healthcare provider owed a duty of care, breached the applicable medical standard of care, and caused compensable injuries through that breach. The court found that although the complaint generally alleged delays in physical therapy, inadequate pain management, and insufficient mobility assistance, it failed to connect those alleged deficiencies to specific acts or omissions by the individual physician or the corporate healthcare defendant. Instead, the allegations consisted largely of generalized conclusions without sufficient factual support to demonstrate that either defendant personally breached the applicable standard of care.
Accordingly, the court dismissed the medical negligence claim without prejudice. The dismissal preserved the plaintiff’s opportunity to pursue the claim in state court if the required administrative procedures could still be completed.
Talk to a Trusted Baltimore Medical Malpractice Attorney About Your Potential Claims
If you believe substandard medical care caused you or someone you love to suffer preventable harm, do not wait to learn what options may be available. The trusted Baltimore medical malpractice attorneys at Arfaa Law Group can review the circumstances surrounding your care, identify potential claims, and help you make informed decisions about the best path forward. Call Arfaa Law Group at (410) 889-1850 or use the firm’s online form to schedule a confidential, free consultation.