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Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation. Medical malpractice cases are typically complex, however, and involve an intricate interplay of legal and factual issues. As such, people who attempt to pursue medical malpractice claims without the assistance of an attorney may unknowingly fail to take the actions necessary to preserve their rights. This was demonstrated in a recent Maryland opinion issued in a case in which the plaintiff’s convoluted complaint that included medical malpractice claims and other assertions was ultimately dismissed. If you were injured due to the reckless acts of a physician, it is in your best interest to meet with a Maryland medical malpractice lawyer to discuss your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was hospitalized, after which he was transferred to the defendant’s facility, a treatment center that offered patients physical rehabilitation and medical services. He was admitted to the facility for approximately six months. He was then involuntarily discharged for failing to make payments for services rendered by the defendant. He subsequently filed a pro se lawsuit against the defendant, asserting numerous claims sounding in civil rights violations, discrimination, and medical malpractice. The defendant moved to dismiss the plaintiff’s claims, arguing that he failed to set forth allegations sufficient to establish any plausible claim for relief. Alternatively, the defendant argued that two of the plaintiff’s claims, which sounded in malpractice, must be dismissed because he did not exhaust his administrative procedures as required under the Maryland Health Care Malpractice Claims Act.

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Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they typically must comply with the requirements imposed by the Federal Tort Claims Act (FTCA), as their claims will ultimately be pursued against the federal government. The duties that arise out of the FTCA are strictly construed, and the failure to abide by such obligations may be fatal to a plaintiff’s claim. This was demonstrated in a recent opinion issued by the United States Court of Appeals for the Fourth Circuit in which the court affirmed the dismissal of the plaintiff’s medical malpractice case. If you suffered harm due to the negligence of a health care provider, it is sensible to consult a Maryland medical malpractice lawyer promptly to prevent the inadvertent waiver of your right to recover damages.

The Facts of the Case

Reportedly, the decedent underwent treatment at a federally funded hospital. He subsequently died due to complications from liver cancer. The plaintiff, the decedent’s wife, filed a lawsuit against the federal government, seeking damages for the decedent’s death, pursuant to the FTCA. The plaintiff alleged, in part, that the defendant’s doctors negligently failed to screen the decedent for liver cancer. The defendant moved for summary judgment, arguing that the plaintiff’s claims were barred by the applicable statute of limitations. The court granted the motion, and the plaintiff appealed.

Notice Requirements Under the FTCA

After reviewing the pleadings and evidence of record, the appellate court affirmed the trial court ruling. The court explained that absent a waiver, the United States is shielded from liability in civil lawsuits via sovereign immunity. The FTCA acts as a waiver of such immunity but only allows parties to pursue claims against the government if they comply with certain terms and conditions.

While the government consents to suits seeking damages for the harm caused by its employees while acting in the scope of their employment, such claims are barred unless they are presented to the appropriate federal agency, in writing, within two years of the date when the claim accrues.  The court elaborated that a claim accrues when the plaintiff either knows or reasonably should know of both the harm suffered and the cause of the harm. In the subject case, the trial court determined that the plaintiff’s claims accrued in 2011, but she failed to file her administrative tort claim until 2014. Thus, her claims were barred by the statute of limitations. Continue Reading ›

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Many parents are apprehensive about the births of their children. While a variety of concerns may cause expectant parents anxiety, they rarely anticipate that they will lose their child due to the incompetence of their treatment providers. Unfortunately, some fetuses suffer harm before birth that is ultimately fatal, and in many cases, such injuries are caused by the recklessness of healthcare professionals. Parents who suffer the loss of their children at birth can often recover substantial damages, as demonstrated in a recent wrongful death verdict issued in a birth injury case in Baltimore. If your child suffered harm at birth due to the carelessness of a medical provider, it is in your best interest to speak to a knowledgeable Maryland birth injury lawyer as soon as possible to avoid waiving your right to seek redress.

The Plaintiff’s Allegations

It is reported that the mother arrived at the defendant hospital in active labor and at full term shortly after midnight on July 19, 2015. Four hours later, she began receiving doses of the hormone oxytocin to help her deliver. The fetus first displayed signs of cardiac distress around 9:00 am when a sensor indicated a heart rate of 160 beats per minute. The defendant directed the staff not to take any action, however.

According to the complaint, the mother began complaining of severe abdominal pain three and a half hours later. She was not taken to the operating room until 2:00 pm, though, at which time the defendant obstetrician-gynecologist performed an emergency cesarean section. Tragically, the baby was born with no detectable heart rate and resuscitation attempts were ineffective. In February 2018, the parents filed a wrongful death case against the hospital and the obstetrician-gynecologist. Continue Reading ›

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Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a client’s interests, it may withdraw from the case. In doing so, however, the attorney must comply with certain procedural rules; otherwise, it may adversely affect their client’s rights. In a ruling recently set forth in a medical malpractice case, a court explained a plaintiff’s recourse when an attorney withdraws from a case without following proper procedure. If you were harmed by medical negligence, it is smart to consult a skillful Maryland medical malpractice lawyer to assess your options for seeking compensation.

Procedural History of the Case

It is reported that the plaintiff sought treatment with the defendant for anorectal health issues. The defendant ultimately performed surgery on the plaintiff to alleviate his symptoms. The plaintiff asserts the defendant did not perform the procedure properly, causing him to suffer permanent harm, physical and emotional suffering and pain, and other damages. He filed a medical malpractice lawsuit against the defendant but failed to comply with the scheduling order.

Allegedly, after numerous discovery delays, the defendant moved for sanctions. The plaintiff’s attorney took responsibility for the delays but shortly thereafter moved to withdraw from the case. The court granted the motion but refused the plaintiff’s subsequent motion to extend discovery deadlines. The defendant then filed a motion to dismiss the case, and the court granted the motion. The plaintiff appealed. Continue Reading ›

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In an opinion delivered in July, the Court of Special Appeals of Maryland ruled that Maryland’s wrongful death statute must be strictly construed, and therefore, a decedent’s beneficiaries cannot recover damages by showing that the defendant’s negligence shortened the life of the decedent, unless they establish that the defendant also caused the decedent’s death. The ruling may be overturned, however, as the Court of Appeals recently agreed to examine the lower court finding to determine a patient’s terminal condition can give rise to a wrongful death claim based on the assertion that they would have lived years longer if the diagnosis had been made and life-prolonging therapy started sooner. If you suffered the loss of a loved one because of medical negligence, it is advisable to speak to a trusted Maryland medical malpractice lawyer to discuss what damages you may be owed.

The Decedent’s Family’s Appeal

It is reported that the Court of Appeals agreed this month to examine a lower court finding that said family members suing for wrongful death must establish that the doctor’s carelessness caused their loved one’s death, not just that they were denied additional time with them. The decedent’s family lost their appeal to the Court of Special Appeals, which dismissed their argument that she would have lived another 2 1/2 years if the defendant had correctly identified her deadly breast cancer in 2013.

The Previous Ruling

In July, the Maryland Court of Special Appeals held that the state’s wrongful death legislation must be strictly construed to apply solely when a wrongful act causes the death of another, as the law states. The court said in its ruling that the defendant’s alleged failure to diagnose the decedent’s fatal cancer did not cause her death because an accurate diagnosis would not have prevented her death from the disease. The court explained that, in a wrongful death suit, death is the only injury for which plaintiffs can sue. Continue Reading ›

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It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue damages, they generally must comply with the rules set forth under the Federal Tort Claims Act (the FTCA) and any other applicable laws; otherwise, their claims may be dismissed. This was explained in a recent ruling in which a Maryland court illustrated the pre-requisites for pursuing medical malpractice claims in federal court. If you suffered damages due to the carelessness of your treatment provider, it is advisable to meet with a Maryland medical malpractice lawyer to evaluate your options for pursuing compensation.

History of the Case

It is reported that the plaintiff, who lived in a federal facility, fell from his bed and injured his leg. He visited the medical department, where he was examined and underwent an x-ray. He was informed that his x-ray did not indicate any injuries to his leg and knee and was directed to exercise. A month later, he returned to the medical center as his pain had increased to the point where he could no longer walk but was merely diagnosed with a muscle strain.

Allegedly, an additional x-ray taken approximately nine months after his fall indicated he suffered from avascular necrosis in his right hip and would need to undergo a hip replacement. He then filed a lawsuit against his treatment providers and the federal government, asserting, among other things, medical malpractice claims under the FTCA. The defendants moved to dismiss the claims, arguing that the plaintiff failed to comply with the proper procedure for pursuing such claims. Continue Reading ›

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Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must establish, the core element is a doctor-patient relationship. If a plaintiff cannot establish that such a relationship existed, it will most likely result in a dismissal of their claims. This was demonstrated in a recent case in which a pro se plaintiff sought damages for what she alleged constituted medical malpractice. If you were hurt by incompetent medical care, it is smart to speak to a Maryland medical malpractice lawyer regarding what evidence you must produce to recover damages.

The Plaintiff’s Allegations

It is reported that the plaintiff was an employee at the bank when she filed a claim for disability benefits through the bank’s disability program. The defendant nurse was the nurse case manager assigned with administering the plaintiff’s leave. She did not treat the plaintiff, however. The plaintiff and the bank’s insurer later disagreed as to whether she could return to work.

Allegedly, the plaintiff stated she incurred substantial medical costs and lost thirty percent of her salary for three months because she was not allowed to resume her job duties. She then filed a lawsuit against many of the parties associated with handling her disability claim, including the defendant nurse, who she alleged committed medical malpractice. The defendant nurse moved to dismiss the plaintiff’s claims on the grounds that she failed to state a claim for damages. The court ultimately ruled in favor of the nurse. Continue Reading ›

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Many medications cause known side effects. Typically, however, a doctor prescribing a drug will determine the benefits outweigh the dangers of taking them. Doctors cannot make this determination for their patients, though, and therefore they have an obligation to advise them of the risks of harm associated with the treatment they recommend. If they do not, they may be held responsible for losses their patients subsequently suffer, even if they arise out of established risks. Lack of informed consent claims must be filed in a timely manner; however, otherwise, they may be time-barred, as demonstrated in a recent ruling issued by a Maryland court. If you sustained injuries due to your doctor’s failure to advise of the risks associated with a treatment, you should meet with a knowledgeable Maryland medical malpractice lawyer to discuss what claims you may be able to pursue.

The Plaintiff’s Harm

It is reported that in 2010, the plaintiff was treated by the defendant pulmonologist due to complaints of shortness of breath and a chronic cough. The defendant diagnosed the plaintiff with numerous lung conditions and initial treated him with a steroid. When the plaintiff did not improve, the defendant doctor prescribed Cytoxan. He slowly began to improve and continued to take the medication until May 2013.

Allegedly, the plaintiff married in 2016. After trying to conceive for a year with no success, he visited a fertility specialist, who determined he had no viable sperm. The specialist attributed this to Cytoxan toxicity. The plaintiff then filed a lack of informed consent claim against the defendant. The defendant moved for dismissal, arguing the plaintiff’s claims were barred by the statute of limitations. Continue Reading ›

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In Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as some are protected from disclosure by privilege. In a recent Maryland ruling issued in a hospital malpractice case, a court discussed what materials are privileged in medical malpractice claims pursued against the United States government. If you suffered injuries due to a careless physician, it is smart to speak to a skilled Maryland medical malpractice lawyer to discuss what evidence you must produce to recover damages.

The History of the Case

It is reported that the plaintiffs filed a medical malpractice case against the United States government alleging their minor child suffered harm due to negligent care provided by anesthesiologists when he underwent surgery at a federally owned hospital. One of the anesthesiologists testified during his deposition that he wrote himself an email following the surgery, setting forth his recollections regarding the procedure. The plaintiffs requested the email in discovery, after which the anesthesiologist advised he had written it to the other anesthesiologist involved in the procedure.

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While people generally do not think of bankruptcy and medical malpractice claims as related, a recent ruling issued in a Maryland medical malpractice case suggests otherwise. Specifically, the court found the doctrine of judicial estoppel barred a plaintiff’s medical malpractice claims due to the position she took in an unrelated bankruptcy matter. While the plaintiff’s waiver of the right to pursue malpractice claims was inadvertent, the case highlights the consequences of failing to disclose potential causes of action in other forums. If you were harmed by medical malpractice, it is in your best interest to meet with a trusted Maryland medical malpractice lawyer to determine what measures you can employ to protect your interests.

History of the Case

It is reported that in 2012 the defendant performed abdominal surgery on the plaintiff.  The plaintiff suffered numerous side effects following the surgery, and in early 2016, she filed a lawsuit against the defendant, alleging medical negligence and failure to obtain informed consent.

Allegedly, although the plaintiff did not pursue medical malpractice claims against the defendant until 2016, she admitted she knew as early as the summer of 2013 that she intended to sue the defendant. In 2014, in between her surgery and subsequent malpractice suit, she filed a petition for bankruptcy. In her petition, she indicated that she had no contingent or unliquidated claims of any kind. In 2017, the defendant moved to dismiss the plaintiff’s claims, arguing they were barred by the doctrine of judicial estoppel. The court granted the motion, and the plaintiff appealed. Continue Reading ›

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