In most medical malpractice cases, the defendant will contest both liability and damages. In some instances, though, the defendant will concede fault but will argue that the plaintiff failed to adequately support their request for damages or that certain compensation should not be granted. Recently, a Maryland court addressed the issue of whether a plaintiff should be able to make a per diem request in closing arguments when the defendant had been precluded from presenting evidence regarding the plaintiff’s medical bills or lost wages at trial, ultimately ruling that the request was proper. If you were hurt by a negligent doctor, it is smart to talk to a Maryland medical malpractice lawyer about what damages you may be able to recover.
Facts of the Case
It is reported that the plaintiff, a former inmate, sued the defendant, a company that provides medical services to correctional facilities, for misdiagnosing his fractured wrist, which later required extensive surgery. The defendant admitted liability, and the case went to trial on damages. The plaintiff sought non-economic damages only, and the court granted his motion to exclude evidence of medical bills and lost wages. During the trial, the plaintiff’s expert testified that the delay in treatment caused a permanent injury.