Baltimore Medical Malpractice Lawyer Blog

Expert testimony is a critical component of Maryland medical malpractice cases. As such, if a defendant successfully moves to preclude a plaintiff’s expert from testifying, it most likely will be devastating to the plaintiff’s case. This was demonstrated in a recent opinion delivered by a Maryland court, in which the court explained that striking the plaintiff’s expert testimony effectively rendered a judgment against the defendant moot. If you were hurt by the negligence of a doctor, you should talk to a Maryland medical malpractice lawyer to discuss what damages you may be owed.

Procedural History of the Case

It is reported that the decedent visited a hospital after he sustained injuries in an assault. When he arrived, he was examined by the defendant, a neurosurgeon. He later suffered a seizure and died. His mother, the representative of his estate, filed a medical malpractice lawsuit against the defendant, in which she alleged that he breached the standard of care by failing to transfer the decedent to the intensive care unit or administer anticonvulsants to him.

Allegedly, during discovery, the plaintiff identified a medical expert who would offer testimony regarding the standard of care. During the trial of the matter, the expert failed to comply with a subpoena to produce certain documents related to the income he earned by testifying as an expert in medical malpractice matters. He was held in contempt and sanctioned, but the jury ultimately found in favor of the plaintiff. Continue Reading ›

College athletes generally accept the risk that they may suffer injuries in a game. If an injured student receives incompetent medical care, their injuries may become exacerbated. Simply because a student waives the right to seek damages from a university for harm suffered while playing a sport does not mean they cannot pursue claims against a negligent health care provider that treats them after their injury, as demonstrated in a recent Maryland ruling. If you sustained injuries because of inadequate care you received in a hospital, you should consult a Maryland medical malpractice attorney to determine what claims you may be able to pursue.

Background of the Case

It is reported that the plaintiff played field hockey for the university she attended. During a game, she sustained a blow to the head. She subsequently sought treatment at a military primary care facility, where she was diagnosed with sinusitis. Her symptoms lingered, however, and she was eventually diagnosed with a concussion and post-concussive syndrome. She then filed a lawsuit naming the federal government as the defendant. In her complaint, she alleged that the doctor that treated her at the facility was negligent, and the government was vicariously liable for the harm caused by the doctor. The case proceeded to a bench trial.

The Court’s Findings

One of the primary issues at trial was whether the defendant could be held vicariously liable for the acts of the doctor that treated the plaintiff. The court noted that there was ample evidence that the treating physician breached the applicable standard of care and that the breach proximately caused the plaintiff’s harm. Specifically, he neglected to perform tests to determine if the plaintiff suffered a concussion or preclude her from playing in games or practice until her symptoms abated and his omissions proximately caused the plaintiff to suffer harm. Continue Reading ›

Under Maryland law, a plaintiff pursuing medical malpractice claims must comply with certain prerequisites. For example, they must file a statement of claim, certificate of qualified expert and report, and claim form with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO) within six months of the date of harm. As recently discussed by a Maryland court, however, the failure to do so will not automatically result in the dismissal of the plaintiff’s claims against the federal government in federal court. If you sustained losses due to a careless physician, you should meet with a Maryland medical malpractice attorney to discuss what steps you must take to protect your rights.

Background of the Case

It is alleged that the plaintiff, a veteran, sought treatment from a federally owned military hospital for plantar warts on his foot. He underwent a surgical removal of the warts after which he experienced extreme pain. His symptoms would not abate despite continuous treatment. He subsequently file an administrative claim related to his care with the Navy.

Doctors often make patients sign consent forms before they render treatment. Many people sign such forms without reading the terms, which in some cases results in the unwitting waiver of the right to pursue claims against the doctor. Merely because a party signs a blanket waiver does not automatically mean they will be precluded from filing medical malpractice claims, though, as demonstrated in a recent Maryland case. If you suffered harm due to a carelessly performed procedure, you have the right to seek compensation, and you should speak to a trusted Maryland medical malpractice lawyer about your potential claims.

The Facts and History of the Case

It is alleged that the plaintiff sought treatment from the defendant due to blurry vision. The defendant asked the plaintiff a few questions but only performed a cursory examination. The plaintiff returned to the defendant’s office three weeks later with similar complaints. The defendant examined him and determined he was suffering from a detached retina and needed emergency surgery.

It is reported that the plaintiff underwent the procedure but suffered permanent injuries in his left eye. He subsequently filed a medical malpractice lawsuit against the defendant. The defendant removed the case to federal court and then filed a motion to dismiss or alternatively a motion for summary judgment. Continue Reading ›