Many people who live in Maryland obtain care from facilities owned or funded by the State of Maryland. A patient that suffers harm due to the careless acts of a practitioner working in a State medical center may be able to recover damages in a medical malpractice lawsuit, but in addition to proving the elements of a negligence claim, the patient must also prove that the provider is not immune under the Maryland Torts Claim Act (MTCA). Recently, a Maryland court discussed the plaintiff’s burden in a medical malpractice claim against a doctor employed by the State, ultimately determining the plaintiff had set forth sufficient evidence to proceed. If you were harmed by a careless doctor at a State-owned facility, it is advisable to speak to a trusted Maryland medical malpractice attorney to discuss your rights.
History of the Case
It is alleged that the decedent, who was an inmate with the Maryland Department of Corrections, had a long-standing history of suicidal ideation and had been diagnosed with bipolar disorder. During his incarceration, he was evaluated by a psychiatrist and diagnosed with personality, schizoaffective, and psychotic disorders and placed on suicide watch. He was then transferred to another facility where he was examined and treated by the two defendant psychiatrists.
Reportedly, the defendants ultimately determined that the plaintiff would remain stable if he took his medication and directed that he be transferred to a less restrictive housing tier, despite the fact that he was noncompliant, incommunicative, and physically immobile due to his mental health issues. He subsequently died by suicide. The lawsuit was filed against the defendants, alleging they committed medical malpractice. The defendants moved to dismiss the claims. Continue Reading