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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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Dentists, like other healthcare providers, have an obligation to provide their patients with competent care. If they fail to uphold their duties and consequently cause their patients to suffer harm, they may be liable for malpractice. It can be difficult to ascertain the source of harm caused by dental malpractice, though, and it is not uncommon for a plaintiff to pursue dental malpractice claims years after the harm occurs. While any claim against a healthcare provider must comply with the applicable statute of limitations, there are circumstances that allow for the tolling of the statute. Recently, a Maryland court discussed the discovery rule in the context of dental malpractice in a case in which it ultimately determined that the plaintiff’s claims were time-barred.  If you sustained injuries due to negligent dental care, it is in your best interest to speak to a Maryland dental malpractice attorney as soon as possible.

The Facts of the Case

It is alleged that the plaintiff filed a dental malpractice lawsuit against the defendant, arising out of injuries sustained following incompetent dental care. The defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing that they were barred by the statute of limitations. The trial court granted the defendant’s motion, and the plaintiff appealed. Upon review, the appellate court affirmed the trial court ruling.

Tolling of the Statute of Limitations in Dental Malpractice Cases

Under Maryland law, an action for compensation for harm arising out of the rendering or failure to render professional services by a healthcare provider must be pursued within three years of when the injury was discovered.  In evaluating when the statute of limitations began to run, the courts will generally invoke the discovery rule. Continue Reading ›

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It is not uncommon for patients to change medical providers over the course of their care. Thus, if a provider initially tasked with treating a patient commits medical malpractice, it is possible that a subsequent health care professional could continue the pattern of negligent care, further harming the patient. Each provider’s liability must be independently established in a medical malpractice case, however. This was discussed in a recent Maryland opinion in which the claims against the plaintiff’s second care provider were dismissed after the court found that, as a matter of law, the plaintiff could not recover damages from the second practitioner. If you were hurt by incompetent medical care, you could be owed compensation, and it is advisable to consult a Maryland medical malpractice attorney regarding your options.

The Plaintiff’s Treatment and Claims

It is reported that the plaintiff, who was detained at a federal facility, received care from the defendants during his confinement. Specifically, the first defendant cared for the plaintiff from 2014 through 2018, while the second defendant cared for him from 2019 forward. In 2014, he underwent a procedure during which ureteral stents were placed in his kidneys. He was scheduled to return for a follow-up procedure to remove the stents, but it was delayed for approximately two and a half years.

Allegedly, during the time in which his second surgery was delayed, the stents caused him to develop large kidney stones, renal obstruction, infection, and severe damage to his kidneys. Thus, he filed a medical malpractice lawsuit against the defendants. The second defendant filed a motion to dismiss, arguing the plaintiff failed to set forth facts sufficient to establish liability. Continue Reading ›

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