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People aggrieved by incompetent medical care have the right to seek damages from the providers responsible for their harm via medical malpractice claims. There are fees associated with pursuing such claims, though, and some people may be hesitant to file them out of fear that they cannot afford the costs. Fortunately, the law allows people who meet certain requirements to proceed in forma pauperis, which means that they can avoid many of the financial obligations associated with seeking compensation for medical negligence. They must ensure that their claims are properly pled; however, and if they are not, both their request to proceed in forma pauperis and their claims may be dismissed. If you were harmed by the negligence of your treatment provider, it is in your best interest to confer with a skilled Maryland medical malpractice lawyer to discuss what you must show to recover damages.

The Facts of the Case

It is alleged that the plaintiff visited the emergency room of the defendant hospital in February 2022 with complaints of chest pain and difficulty breathing. He alleged that the defendant’s staff was gravely incompetent in that it failed to take or consider his complete medical history and painfully administered IV therapy. Further, he alleged that he was wrongfully discharged despite having pneumonia and fluid in his lungs.

It is reported that the defendant attributed the failings of the defendant’s staff to a pattern of racism towards people of color. He subsequently filed a federal lawsuit against the defendant and a petition to proceed in forma pauperis. Continue Reading ›

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Doctors undergo years of training and education to ensure that they possess the knowledge and skills needed to provide their patients with competent care. Despite this fact, doctors can commit errors in judgment that cause their patients to suffer lifelong harm. Fortunately, Maryland law permits patients injured by negligent medical care to pursue medical malpractice claims against their doctors, and patients that successfully establish liability may be awarded significant damages. While compensation alone cannot make up for the loss of a person’s health, it can validate the significance of their losses and help them obtain the resources needed to move forward in their lives. This was illustrated recently when a Maryland jury awarded a plaintiff in a medical malpractice case $5 million for harm suffered at the hands of her doctor. If you suffered injuries due to incompetent medical care, you have the right to pursue claims against your doctor, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff sought treatment from the defendant in 2014 for abdominal pain and gastrointestinal issues. At their initial visit, she advised the defendant of her symptoms and that she had a family history of pancreatic cancer. The defendant, a gastroenterologist, recommended that the plaintiff undergo a diagnostic procedure that involved using a scope that was inserted through the mouth to examine the pancreas, liver, and other parts of the digestive system.

It is reported that the plaintiff consented to the procedure, but shortly after it was completed, she began to experience severe abdominal pain and visited the emergency department of a hospital. She was diagnosed with pancreatitis, which was deemed a result of the test. She subsequently filed a medical malpractice lawsuit against the defendant, alleging in part that she was hospitalized for almost a year and now has to take medication every time she eats to allow her body to break down her food. She further asserted that the defendant failed to obtain her informed consent in that he neglected to advise her that pancreatitis was a risk of the procedure. Continue Reading ›

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While most people pursue medical malpractice claims with the assistance of attorneys, some are tempted to seek compensation on their own to save money. In many cases, though, the decision to proceed pro se has unfortunate consequences. This was illustrated in a recent opinion in which the court dismissed the plaintiff’s medical malpractice claims due to her failure to comply with the procedural requirements established by the Federal Tort Claims Act (the Act). If you were injured by medical negligence, it is advisable to contact a Maryland medical malpractice lawyer to assess your options.

The Facts of the Case

It is reported that the plaintiff sought treatment at a federally funded medical facility. She alleges she was refused treatment for kidney stones, which ultimately caused her suffering and pain. She instituted a lawsuit against the medical facility without the assistance of an attorney, asserting a negligence claim. The United States moved to substitute itself as a defendant and to dismiss the plaintiff’s claims. Upon review of the pleadings, the court granted both motions.

Requirement Imposed by the Federal Tort Claims Act

The court explained that as the medical facility was federally funded and the plaintiff alleged that she was harmed by the facility’s employees while they were working in the scope of their employment, the United States was the proper defendant. The court dismissed the plaintiff’s claims, however, due to her failure to exhaust her administrative remedies as required under the Act. Continue Reading ›

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It is well-established that people who suffer harm in the context of medical care generally must produce expert opinions that both establish the standard of care and link a breach of the standard to their injuries. If a plaintiff in a medical malpractice case fails to provide an expert report, their claims may be dismissed, as demonstrated in a recent ruling issued in a Maryland case. If you were hurt by the inappropriate acts of a treatment provider, you could be owed monetary damages, and it is prudent to meet with a Maryland medical malpractice lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff, a veteran with disabilities, visited the Veterans Affairs medical center for care. During her visit, an employee entered the examination room when she was partially undressed and undergoing a medical procedure. He then proceeded to make inappropriate telephone calls to her. The plaintiff filed a lawsuit against the defendant federal government, alleging professional negligence and other claims.

Allegedly, the plaintiff asserted that the defendant’s employee’s negligent conduct caused her to suffer psychological and physical injuries. The defendant filed a motion asking the court to dismiss the plaintiff’s claims via summary judgment on the grounds that she failed to provide medical expert evidence establishing causation. Continue Reading ›

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People who served in the military are eligible to receive medical care at military hospitals. Military hospitals differ from non-government institutions in numerous ways. For example, establishing liability for medical malpractice for harm caused by incompetent care in a military hospital requires different proof than in cases involving non-government hospitals. Further, even if a patient can establish that they suffered injuries at the hand of a government doctor, their claim may be denied, as demonstrated in a recent Maryland opinion. If you suffered harm due to treatment you received at a military facility, you have the right to pursue damages, and it is in your best interest to talk to a Maryland medical malpractice lawyer.

Factual and Procedural History of the Case

It is reported that the plaintiff was a member of the Maryland Air National Guard. During basic training in 2010, he suffered injuries when he fell from a pull-up bar. He experienced ongoing issues since the fall, including neck pain, numbness and tingling in his fingers, and difficulty with fine motor skills.

It is alleged that the plaintiff subsequently underwent surgery on his cervical spine at a military hospital. Following the surgery, he lost the use of his limbs. He instituted a lawsuit against the federal government pursuant to the Federal Tort Claims Act (FTCA), asserting claims of lack of informed consent and medical malpractice. The defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing that under the Feres doctrine, it could not be liable for the plaintiff’s harm. Continue Reading ›

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Expert testimony is an essential component of Maryland medical malpractice cases. Specifically, as issues like the standard of care imposed on medical professionals and causation in the context of medical harm are beyond the understanding of the average person, medical experts are needed to help jurors gain the insight required to resolve the ultimate issues of the case. If an expert’s testimony is lacking, it may result in a dismissal of the plaintiff’s claims. In a recent Maryland medical malpractice opinion, a court discussed what constitutes sufficient expert testimony to support a verdict for the plaintiff. If you sustained losses due to the negligence of your doctor, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer promptly.

Factual and Procedural History

Allegedly, the plaintiff suffered from a uterine fibroid, which caused her significant pain. She underwent a myomectomy performed by the defendant, but her symptoms worsened. She visited an emergency room where testing showed signs of an infection. She subsequently underwent a second surgery, which showed she suffered a perforated colon. She returned to the hospital a week later for a third surgery in which it was revealed she had a perforated rectum as well.

It is reported that the plaintiff instituted a lawsuit against the defendant, alleging he committed medical malpractice. During the trial, the defendant moved for judgment in his favor as a matter of law on the grounds the plaintiff’s expert failed to establish causation. The court denied his motion, and the jury found in favor of the plaintiff. The defendant then renewed his motion and filed a motion to alter the judgment. Continue Reading ›

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Many health care facilities in and around Maryland are funded and operated by the federal government. As such, if a party wishes to pursue medical malpractice claims for harm caused by incompetent treatment in such facilities, they typically must comply with the Federal Tort Claims Act (FTCA), and if they fail to do so, their claims may be dismissed. This was illustrated in a recent ruling in which the court dismissed a pro se plaintiff’s medical malpractice claim due to his failure to exhaust his administrative remedies. If you were injured by inadequate medical treatment, you have the right to seek damages, and it is in your best interest to confer with a Maryland medical malpractice attorney.

The Plaintiff’s Reported Harm

It is alleged that the plaintiff received treatment from the defendant, a federally certified provider, while he was incarcerated. He alleged that the defendant’s employees offered him negligent care by failing to provide him with adequate pain medication or necessary tests. As such, he filed a medical malpractice claim against the defendant. The defendant moved the case to federal court, and the United States government moved to substitute itself as the defendant and to dismiss the plaintiff’s claims.

Requirements for Pursuing Medical Malpractice Claims Under the FTCA

The court ultimately granted the defendant’s motions. With regard to the plaintiff’s claims pertaining to the administration of pain medication, the court found that he failed to exhaust his administrative remedies as required by the FTCA. Specifically, he only filed one administrative tort claim, and it failed to describe the facts out of which the claim arose with sufficient specificity to allow the agency to investigate his claim. Thus, it was dismissed. Continue Reading ›

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Typically, people who lose loved ones due to incompetent medical treatment can choose where to pursue medical malpractice claims against the parties that caused their losses. In some instances, though, the courts will transfer a case to another venue. Recently, a Maryland court discussed the factors weighed in determining whether a change of venue is appropriate in a wrongful death and medical malpractice case filed in Maryland. If you lost a loved one due to negligent medical care, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer regarding your options.

History of the Case

It is alleged that the defendants treated the decedent before his death, which was caused by an occlusive pulmonary embolism. The decedent resided in Maryland prior to his death, but the defendants treated him in Washington D.C. The plaintiff filed a wrongful death and medical malpractice lawsuit against the defendants in the United States District Court for the District of Maryland.

Reportedly, the defendants moved to transfer the case to the United States District Court for the District of Columbia, arguing that the only connection to Maryland was that the decedent lived there prior to his death. The plaintiff opposed the motion, noting that after discharging the decedent from their facility, the defendants continued to provide care for the decedent in Maryland through an intermediary. Continue Reading ›

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People who suffer harm due to incompetent medical care can seek damages via medical malpractice claims. Only treatment administered in the context of a medical relationship will give rise to liability, however. This was demonstrated in a ruling in which the court dismissed the plaintiff’s medical malpractice claims on the grounds that she could not prove that a treatment relationship existed. If you were hurt by an incompetent health care provider, you may be able to pursue a claim for damages, and you should consult a Maryland medical malpractice lawyer regarding your possible claims.

The Plaintiff’s Allegations

It is alleged that the plaintiff suffered an injury at work, after which she filed a disability claim. As part of the claim process, she underwent an independent medical examination, and her disability leave was managed by a nurse case manager. She attempted to return to work on numerous occasions but was advised she would not be released from the disability program until she authorized the release of her medical information. She ultimately returned to work but was terminated a few months later.

It is reported that the plaintiff, acting pro se, subsequently filed a lawsuit asserting medical negligence and malpractice claims against the supervisor of the nurse case manager responsible for handling her claim. The defendant moved the case to federal court and then moved to dismiss the plaintiff’s claims. Continue Reading ›

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Nurses, like doctors, can be held liable if they carelessly perform their duties and cause people harm. Malpractice lawsuits against nurses must be pursued in the appropriate forum, however, and if they are not, the defendant can ask the court to transfer the case to another venue. There can be more than one proper venue, though, and the court will not transfer a case if the plaintiff’s chosen forum is appropriate. This was demonstrated in a recent Maryland nursing malpractice case in which an appellate court ultimately reversed the trial court’s ruling granting the defendant’s motion for a change of venue. If you suffered permanent losses due to the negligence of a nurse, you could be owed damages, and you should speak to a Maryland medical malpractice attorney as soon as possible.

Background of the Case

It is alleged that the plaintiff visited the defendant’s clinic in Baltimore City in 2010 to have an IUD implanted. She presented to another clinic owned by the defendant in Baltimore County in 2018 to undergo removal of the IUD. During the removal, which the defendant nurse performed, a piece of the IUD broke off and remained in the plaintiff’s uterus. She underwent a procedure to attempt to remove the fragment but ultimately had to undergo a hysterectomy.

Reportedly, the plaintiff then filed a lawsuit in Baltimore City alleging lack of informed consent, medical negligence, and other claims against the defendants and the entities that manufactured and sold the IUD. The defendants moved to transfer venue to Baltimore County; the trial court granted the motion, and the plaintiff appealed. Continue Reading ›

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