Baltimore Medical Malpractice Lawyer Blog

Maryland Court Determines Virginia’s Laws Apply in a Medical Malpractice Case

Published on: June 30, 2023 | by Arfaa Law Group

Typically, people pursuing medical malpractice claims will file their lawsuits in the state where their harm occurred, but that is not always the case. While plaintiffs generally have the right to determine where to file their lawsuits, when the court presiding over a matter sits in a different state than where the cause of action arose, there may be a dispute over which state’s laws apply. Recently, a Maryland court faced this issue, ultimately determining that the application of Virginia rather than Maryland law was appropriate. If you were harmed by a healthcare provider, you may be owed damages, and you should consult a Maryland medical malpractice attorney as soon as possible.

Factual Background

It is reported that the defendant performed a liposuction procedure on the plaintiff in the defendant’s office in Virginia. The plaintiff subsequently suffered permanent physical and emotional injuries. She filed a lawsuit against the defendant and other entities in Maryland, alleging breach of the standard of care and lack of informed consent. After a five-day trial, the jury found in favor of the plaintiff, awarding her substantial damages. The court then capped the damages, pursuant to Maryland law. The plaintiff appealed, arguing that the trial court erred in applying Maryland’s law on the limitation of non-economic damages when the failure to obtain informed consent and the medical malpractice occurred in Virginia.

Determining Which State’s Laws Apply in Medical Malpractice Cases

On appeal, the plaintiff asserted that Maryland adhered to the principle of lex loci delicti, which applied the substantive law of the place where the harm was done. She argued that the harm, including the lack of informed consent, the pain caused during the procedure, and the infection from the surgery, took place in Virginia.

Court Discusses Breach of Contract Claims in Maryland Medical Malpractice Actions

Published on: June 24, 2023 | by Arfaa Law Group

In Maryland, it is not uncommon for a doctor to discuss expected outcomes with a patient prior to performing a procedure. If the doctor fails to perform the procedure properly, causing the patient harm, the patient may be able to pursue medical malpractice claims against the doctor. In most cases, such claims will sound in negligence rather than breach of contract, as demonstrated in a recent Maryland ruling. If you or a loved one were hurt by a careless physician, it is prudent to speak with a Maryland medical malpractice attorney about your possible causes of action.

Facts of the Case

It is reported that the defendant performed an appendectomy on the plaintiff. The plaintiff suffered complications after the surgery due to the defendant’s failure to completely remove her appendix. As such, the plaintiff filed a medical malpractice lawsuit against the defendant. Among other things, the plaintiff’s complaint alleged a breach of contract claim against the defendant on the grounds that he failed to remove her appendix as promised. The defendant moved to dismiss the plaintiff’s claim. The court granted the motion and the plaintiff appealed.

Breach of Contract Claims in Maryland Medical Malpractice Actions

On appeal, the focus was on whether the plaintiff properly alleged that the defendant made an additional promise, establishing a breach of contract claim. Importantly, the plaintiff did not argue that the defendant specifically guaranteed the surgery’s outcome or made a special promise to cure, as seen in other breach of contract cases. The plaintiff’s counsel even conceded in the Circuit Court that no promised result was claimed. The consent form signed by the plaintiff prior to the surgery did not indicate any additional promise or warranty of success. It explicitly stated that no warranty or guarantee had been given regarding the procedure’s results. Continue Reading ›

Maryland Court Discusses Deliberate Indifference Versus Medical Malpractice

Published on: June 14, 2023 | by Arfaa Law Group

While most of the harm doctors cause their patients is unintentional, in some instances, the failings of a physician will be so egregious that they will be deemed deliberate. Generally, claims that a doctor was deliberately indifferent to a patient’s medical needs only arise in the context of treatment rendered to an incarcerated individual. There are key differences between deliberate indifference and medical malpractice claims, as discussed in a recent Maryland case, and it is critical that anyone harmed by inadequate medical care in prison understand the distinctions before pursuing claims against the parties responsible for their harm. If you were hurt because of the negligent or intentional acts of a doctor, it is wise to talk to a Maryland medical malpractice attorney about what claims you might be able to pursue.

Facts of the Case

It is reported that the plaintiff, acting as the personal representative of the estate of a deceased inmate, filed a complaint against the defendants, alleging that they were deliberately indifferent to the inmate’s serious medical needs while in custody at a Maryland detention center, resulting in his death. The defendant moved to dismiss the plaintiff’s case, alleging she failed to state a claim for which relief could be granted. The trial court determined that although the complaint included sufficient claims of medical negligence against the defendants, it did not provide grounds for a constitutional violation against them. As a result, the district court dismissed the plaintiff’s complaint. The plaintiff appealed.

Deliberate Indifference Versus Medical Malpractice Claims

On appeal, the court reversed the trial court ruling. In its opinion, the court explained that to establish deliberate indifference, the plaintiff must show both an objective and subjective element. In other words, they must demonstrate that the decedent was exposed to a substantial risk of harm, which is the objective test, and that the prison officials knew about and disregarded this risk, which is the subject test. Continue Reading ›

Maryland Court Explains Evidence Needed to Sustain a Medical Malpractice Case

Published on: June 6, 2023 | by Arfaa Law Group

Maryland law allows people who suffer harm due to negligently rendered medical care to seek compensation in a medical malpractice lawsuit. Even if there is ample evidence of inadequate treatment, however, medical professionals will often seek to have the claims against them dismissed prior to trial. As recently explained by a Maryland court, however, such requests for dismissals will only be granted if there is no genuine dispute as to whether the provider harmed their patient. If you sustained losses due to the carelessness of your treatment provider, it is advisable to meet with a Maryland medical malpractice lawyer to discuss your rights.

Facts of the Case

It is reported that the plaintiff was housed in a federal facility when he slipped and fell down a flight of stairs, injuring his wrist. He sought medical attention from a doctor employed by the defendant, who observed swelling and angulation in the plaintiff’s wrist and recommended an emergency room visit. The plaintiff visited an emergency room on the same day, where X-rays confirmed a fracture of the distal radius. The emergency room staff treated him and advised him to follow up with an orthopedist within a week.

Allegedly, upon returning to the facility, the plaintiff reported to the doctor employed by the defendant, who was aware of the recommended orthopedist visit. However, the doctor did not enter a consult request conforming to the recommendation until approximately four weeks later. Eventually, the plaintiff was seen by an offsite orthopedic surgeon who recommended surgery as soon as possible. He underwent surgery a month later, but it failed to fully treat his wrist, leading to additional surgeries and procedures in the following years. The plaintiff subsequently brought a medical malpractice lawsuit against the defendant. Following discovery, the defendant moved to dismiss the plaintiff’s claims. Continue Reading ›

Court Explains Choice of Law in Medical Malpractice Cases

Published on: May 30, 2023 | by Arfaa Law Group

Generally, a party injured by incompetent medical care has the right to pursue medical malpractice claims in the jurisdiction of their choosing. They cannot, however, dictate what state’s laws apply. Instead, as demonstrated in a recent opinion, when more than one state has an interest in the resolution of the matter, the courts will conduct a choice of law analysis. If you were injured due to negligent medical treatment, it is in your best interest to speak to a Maryland medical malpractice lawyer about your potential claims.

Case Background

It is reported that the plaintiff had long-term disability benefits, which were terminated in January 2020. He appealed the decision, and a “peer review” by the defendant doctor was conducted. After submitting a rebuttal to the report by defendant doctor, the plaintiff’s appeal was denied. However, after undergoing an Independent Medical Examination, the termination of his benefits was reversed.

It is alleged that the plaintiff brought a lawsuit following the termination of his disability benefits. The complaint alleged one count of medical malpractice against the defendant doctor. The doctor subsequently filed a motion for judgment on the pleadings to dismiss the count against him. The magistrate recommended that the court grant the defendant doctor’s motion and the court adopted his recommendation. The plaintiff appealed. Continue Reading ›

Court Clarifies Duties a Doctor Owes a Patient

Published on: May 20, 2023 | by Arfaa Law Group

Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent ruling, however, they generally cannot pursue a claim for breach of fiduciary duty against a doctor that fails to uphold either duty. If you or a loved one suffered harm due to incompetent medical care, it is wise to meet with a Maryland medical malpractice lawyer to determine your rights.

Case Background

It is alleged that the plaintiffs filed a lawsuit against the defendant hospital and defendant doctor on behalf of their incapacitated daughter. In their complaint, they set forth claims of medical malpractice, breach of fiduciary duty, and failure to provide sufficient warning. They alleged that the defendants intentionally deceived their daughter by not informing her that the medical devices used in her treatment were not approved by the Food and Drug Administration. The defendants requested a judgment as a matter of law regarding the count that alleged a breach of fiduciary duty.

Duties a Doctor Owes a Patient

The court ultimately granted the defendants’ motion and dismissed the plaintiffs’ breach of fiduciary duty claim. The court explained that the defendant doctor had two legally recognized duties towards the plaintiffs’ daughter as her doctor: (1) to treat her in the same manner that a reasonably prudent doctor with his specialty would have done in similar circumstances, and (2) to inform her of the consequences of a proposed treatment. Continue Reading ›

Maryland Court Discusses the Need for Expert Testimony in Medically Complex Cases

Published on: May 13, 2023 | by Arfaa Law Group

Generally, a plaintiff pursuing medical malpractice claims will require expert testimony. Not all harm that occurs in a medical environment constitutes malpractice, however. Regardless, in cases involving medically complex injuries, expert testimony is typically necessary nonetheless, as demonstrated in a recent Maryland opinion. If you were injured due to the negligence of a healthcare provider, it is in your best interest to talk to a Maryland medical malpractice lawyer about whether you may be able to recover damages.

Factual and Procedural History

It is reported that the plaintiff hit her head on a wall-mounted cabinet while standing up from a chair in an observation room at the defendant’s hospital, where her son was receiving treatment. Three years later, she filed a lawsuit against the defendant, claiming severe physical and mental injuries due to their negligence in the construction and maintenance of the cabinet and failure to warn her of the danger.

Allegedly, during discovery, it was revealed that the plaintiff had been injured in a car accident and work-related incidents prior to the incident at the defendant’s hospital. The defendant then filed a motion for summary judgment, arguing that they plaintiff failed to provide evidence of breach of duty, actual injury, and causal relation to the incident. They claimed that expert testimony was required for causation and damages, which the plaintiff had not provided. The court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

Maryland Court Discusses Standing in Medical Malpractice Cases

Published on: May 6, 2023 | by Arfaa Law Group

In Maryland, if people die due to complications caused by the negligence of their healthcare providers, their loved ones may be able to seek compensation via wrongful death claims. Only certain parties have the right to pursue such claims, however. In a recent Maryland medical malpractice case, the court analyzed whether there was adequate evidence of a common law marriage so as to grant a purported wife standing to pursue wrongful death claims, ultimately determining that there was. If you lost a loved one because of incompetent medical care, it is wise to speak to a Maryland medical malpractice lawyer about your possible claims.

Background of the Case

It is reported that the plaintiff filed a wrongful death lawsuit against the defendant doctor and defendant hospital. In his complaint, the plaintiff asserted that the decedent was his wife under Pennsylvania common law. The defendant doctor filed a motion to dismiss, arguing that the plaintiff lacked standing to bring the wrongful death claim because he and the decedent were not married under Pennsylvania law. The trial court agreed with the defendant and dismissed the complaint. In doing so, the court stated that the plaintiff failed to provide enough evidence to establish a genuine dispute about his alleged common-law marriage. The plaintiff appealed.

Maryland Court Discusses the Procedure for Pursuing Medical Malpractice Claims

Published on: April 27, 2023 | by Arfaa Law Group

People harmed by negligent medical care will often seek damages from the parties responsible for their losses via medical malpractice claims. Under Maryland law, however, before filing a complaint, a plaintiff must file a claim with the Health Care Malpractice Claims office, and if they fail to do so, they may be precluded from proceeding with their lawsuit, as demonstrated in a recent Maryland case. If you were injured by an incompetent doctor, you might be able to recover damages, and you should speak with a Maryland medical malpractice lawyer as soon as possible.

Facts of the Case

It is reported that the plaintiff suffered harm during a stay at the defendant’s facility. Specifically, she was injured in two accidents; in the first, she fell from the bed due to the facility’s alleged failure to secure the mattress properly, and in the second, she fell again while being lifted to the bed. She then filed a lawsuit against the defendant three days before the statute of limitations expired.

Allegedly, the defendant moved to dismiss the case, arguing that the plaintiff did not file her claims in the Health Care Malpractice Claims office (HCMCO), as required by Maryland’s Health Care Malpractice Claims Act (the Act). The trial court granted the defendant’s motion to dismiss, and the plaintiff appealed. Continue Reading ›

Court Discusses the Discovery Rule in Medical Malpractice Cases

Published on: April 21, 2023 | by Arfaa Law Group

People that suffer adverse consequences due to inadequate medical care will often seek compensation via medical malpractice claims. In order for their claims to proceed, they must file them within the applicable statute of limitations. There are circumstances that allow for the tolling of the statute of limitations, however. For example, as demonstrated in a recent medical malpractice case, the discovery rule applied to toll the statute of limitations when the plaintiff’s doctor misled her regarding her symptoms. If you were hurt by an improperly performed procedure, it is advisable to confer with a Maryland medical malpractice lawyer promptly.

The Plaintiff’s Claims

It is reported that in 2008, the plaintiff sought treatment from the defendant due to headaches. The defendant recommended a surgical procedure, advising that it would relieve the pain but cause numbness behind each ear. The plaintiff underwent the procedure but was left with severe, disabling pain.

It is alleged, however, that the doctor assured the person that her condition was not unusual and that some people require a second surgery. The plaintiff decided against a further procedure. She was unaware of any wrongdoing until she searched online for articles about the doctor and discovered that other people had filed lawsuits for medical malpractice for similar surgery. She subsequently filed a lawsuit against the defendant in 2016, asserting medical malpractice, lack of informed consent, and negligence claims. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were prohibited by the statute of limitations. Continue Reading ›