Baltimore Medical Malpractice Lawyer Blog

Maryland Court Explains Demonstrating Harm Caused by Inadequate Medical Care

Published on: January 30, 2024 | by Arfaa Law Group

People housed in state and federal facilities often require medical care for chronic and acute conditions. If the care they receive is substandard and causes them harm, the provider responsible for their injuries may be deemed liable for medical malpractice. As demonstrated in a recent Maryland ruling, however, they must offer adequate proof that the provider breached the applicable standard of care, otherwise their claims may be dismissed. If you were hurt by the carelessness of a doctor, it is wise to meet with a Baltimore medical malpractice attorney to evaluate your possible claims.

Procedural and Factual History of the Case

It is alleged that the plaintiff, who was self-represented and confined to a Maryland correctional facility, filed a lawsuit against the defendants, a warden and a psychologist who worked at the facility. The plaintiff set forth numerous claims, including inadequate medical care, and sought both damages and injunctive relief. Both defendants filed separate Motions to Dismiss or, in the Alternative, for Summary Judgment, arguing, among other things, immunity, failure to exhaust administrative remedies, and lack of personal involvement in the causing the plaintiff’s harm.

Demonstrating Harm Caused by Inadequate Medical Care

After reviewing the motions, the court found no need for a hearing. Instead, it granted the defendants’ motions, treating them as motions for summary judgment. The court began by addressing the Eleventh Amendment, determining that claims against the defendants in their official capacities were barred by sovereign immunity. Continue Reading ›

Report Shows Increase in Medical Errors in Maryland Health Care Settings

Published on: January 24, 2024 | by Arfaa Law Group

Generally, Marylanders expect that when they visit medical professionals for treatment of acute or chronic conditions, they will receive competent care. As demonstrated by recent data, however, medical errors are on the rise in Maryland, and patients are suffering harm as a result of the oversights and omissions of health care providers. If you suffered harm because of negligent medical care, you may be able to recover damages, and you should talk to a Baltimore medical malpractice attorney about your rights.

Increase in Medical Errors in Maryland Health Care Settings

It is reported that a recent report issued by the Maryland Department of Health’s Office of Health Care Quality demonstrated a significant increase in medical errors causing death or serious injury in Maryland hospitals during fiscal year 2022. According to the report, there were over 800 adverse events. Most of these events were classified as “Level 1,” which indicates they caused the most severe outcomes.

Allegedly, the data also revealed a more than doubling of medical errors since fiscal year 2020, raising concerns about patient safety. The spike in errors is attributed in part to the strain on the healthcare system caused by the COVID-19 pandemic. The Maryland Hospital Association also attributed some of the increase to reporting requirements and emphasized transparency. However, patient rights advocates point to possible understaffing issues as a contributing factor. Continue Reading ›

Court Discusses Specificity of Medical Malpractice Complaints

Published on: January 13, 2024 | by Arfaa Law Group

State and federal law aims to protect the rights of all citizens. Thus, if a party who wishes to pursue medical malpractice claims against health care providers that caused them harm lacks the means to pay the fees associated with pursuing such claims, they can ask the court to permit them to proceed in forma pauperis. Even if a court grants such a request, it may ultimately dismiss a medical malpractice claim due to the litigant’s failure to comply with the applicable rules of procedure, as demonstrated in a recent ruling issued in a Maryland medical malpractice case. If you were hurt by the incompetence of a medical professional, you should meet with a Baltimore medical malpractice attorney to determine what damages you may be able to pursue.

Case Setting

It is alleged that the plaintiff filed a pro se complaint against the defendant government agency, the United States, and the State of Maryland, alleging medical malpractice and other claims. The plaintiff, who was currently unhoused, sought leave to use a P.O. box instead of a residence address. She also moved to seal her court records, aiming to protect her P.O. Box address and private information on a USB drive sent to the Clerk of Court. Finally, she alleged she could not afford to pay the applicable legal filing fees and filed a motion to proceed in forma pauperis. The court approved the sealing of the USB drive and the address but ultimately dismissed the case without prejudice.

Specificity of Medical Malpractice Complaints

While the court granted the plaintiff’s various motions, it determined that the complaint, which spanned 96 pages, could not survive. In doing so, the court emphasizes the necessity for pro se litigants to adhere to the Rules of Civil Procedure. Specifically, the court highlighted that Rule 8(a) requires a clear and concise statement of jurisdictional grounds and the claim. Continue Reading ›

Maryland Court Explains Prerequisites to Pursuing Medical Malpractice Claims

Published on: January 9, 2024 | by Arfaa Law Group

In Maryland, people harmed by incompetent medical care may seek recourse by pursuing medical malpractice claims. Before initiating such claims, they must meet certain procedural prerequisites however. If they fail to do so, their claims may be dismissed, as discussed in a recent Maryland ruling. If you or a loved one suffered harm due to medical negligence, you should contact a Baltimore medical malpractice attorney to assess what measures you can take to protect your interests.

Factual and Procedural History of the Case

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant. The plaintiff claimed that during a blood-drawing procedure conducted by a medical student, he explicitly instructed the student not to search for a vein if they could not easily find one to draw blood.

Allegedly, the student ignored this instruction and placed the needle deep into the plaintiff’s right armpit. Because of this, the plaintiff suffered increased soreness and sharp pain. Before initiating his lawsuit, the plaintiff neglected to submit his claim to the Health Claims Arbitration Office (HCAO) before initiating the lawsuit in the circuit court. Consequently, the defendant moved to dismiss the complaint, asserting that it was filed prematurely. The trial court granted the defendant’s motion, dismissing the plaintiff’s claims. The plaintiff then filed an appeal. Continue Reading ›

Court Discusses Experts Certificates in Maryland Medical Malpractice Cases

Published on: December 29, 2023 | by Arfaa Law Group

In Maryland, plaintiffs in medical malpractice cases must file a certificate of a qualified expert who attests to the defendants’ deviations from the applicable standard of care and their role as the proximate cause of the alleged injury. If a plaintiff fails to meet this requirement or their certificate is defective, their claim will most likely be dismissed. As discussed in a recent Maryland case, however, if a plaintiff files a valid certificate of a qualified expert, it cannot subsequently be deemed invalid due to the expert’s actions. If you suffered damages due to medical negligence, it is wise to meet with a Maryland medical malpractice attorney about what damages you may be able to recover.

Factual and Procedural Setting of the Case

It is reported that the decedent visited a hospital emergency room in May 2000, complaining of weakness and fatigue. The attending physician diagnosed her with mild anemia and prescribed iron supplements. Two days later, the decedent visited her primary care physician, who diagnosed her with mild congestive heart failure.

Allegedly, six days after her initial visit, the decedent was admitted to the hospital with acute abdominal pain and died later that evening. In 2002, the decedent’s daughters filed a claim against the attending physician, the primary care physician, and the hospital, alleging medical malpractice. The certifying physician identified deviations from the standard of care by the defendants. In a subsequent deposition, however, she deferred the opinion of whether the attending physician or the hospital departed from the standard. As such, the attending physician and the hospital moved for the dismissal of the claims against them on the grounds that the certificate of qualified expert was invalid. The trial court granted the motion, and the plaintiff appealed. On appeal, the intermediate court reversed the trial court ruling. The defendants then appealed. Continue Reading ›

Maryland Court Talks Federal Jurisdiction Over Medical Malpractice Claims

Published on: December 23, 2023 | by Arfaa Law Group

Maryland’s federal court typically lacks original jurisdiction over medical malpractice matters. However, the court may exercise supplemental jurisdiction over these claims when they are part of the same case or controversy as claims that do fall within the court’s original jurisdiction. If the claims providing the original jurisdiction are dismissed, though, the federal court will often decline to retain supplemental jurisdiction over the medical malpractice claims, resulting in their dismissal as well. This was demonstrated in a recent Maryland medical malpractice case in which the court dismissed both the constitutional and state law claims asserted by the plaintiff. If you were harmed by a doctor employed by the federal government, you should talk to a Maryland medical malpractice attorney about what claims you may be able to pursue.

The Factual and Procedural History of the Case

It is alleged that the plaintiff, who was housed in a federal facility, experienced chest pains and was sent to the medical unit. Despite a history of heart problems, the defendant, a nurse, allegedly refused to provide an EKG or any treatment, violating established protocol. The plaintiff submitted an administrative remedy request, leading to an investigation confirming the nurse’s failure to follow protocol. The defendant presented the plaintiff’s medical records, showing a history of chest pain evaluations, consultations with specialists, and a recent visit where his vital signs were normal.

It is reported that the plaintiff filed a lawsuit alleging that the defendant’s neglectful actions violated his constitutional rights and amounted to medical malpractice. The defendant moved to dismiss the plaintiff’s complaint via summary judgment, arguing the plaintiff failed to offer sufficient evidence in support of his claims. Continue Reading ›

Court Discusses Expert Testimony in Medical Malpractice Cases

Published on: December 16, 2023 | by Arfaa Law Group

Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed. If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Case History

Allegedly, the defendant performed a surgical procedure on the plaintiff. The plaintiff suffered complications, which led to multiple admissions and additional surgeries. The plaintiff subsequently filed a medical malpractice and informed consent claim against the defendant, alleging that the defendant breached the standard of care during knee surgery and failed to obtain informed consent.

It is reported that during the trial, the plaintiff’s expert witness testified that the defendant breached the national standard of care by opting for aggressive surgery when less invasive options were available. The jury ruled in favor of the plaintiff on the malpractice claim but rejected the informed consent claim. The defendant then moved for judgment in his favor as a matter of law, arguing that the plaintiff’s expert witness lacked a basis for knowledge of the national standard of care. The court denied the defendant’s motion, and the defendant appealed. Continue Reading ›

Court Discusses Timeliness of Medical Malpractice Claims Against the Military

Published on: December 8, 2023 | by Arfaa Law Group

Members of the military typically receive care from doctors employed by the Department of Defense. If the care they receive is inadequate and causes injuries or other harm, they may be able to pursue medical malpractice claims against the federal government. As with all medical malpractice cases, such claims must be brought in a timely manner; otherwise, they will be deemed waived. In a recent medical malpractice case, a court issued an opinion discussing the timeliness of medical malpractice claims against the military, ultimately finding that the plaintiff’s claims could proceed. If you were injured by incompetent medical treatment, it is smart to talk to a Maryland medical malpractice attorney about your rights.

Factual and Procedural Background

It is alleged that in January 2019, while serving in the United States military, the decedent requested a medical screening for breast cancer. Despite recommendations from an oncologist for a diagnostic MRI based on family history, possession of the BRCA2 gene mutation, and physical symptoms, the decedent’s primary care physician incorrectly ordered a screening MRI.

It is reported that the decedent’s subsequent requests for the appropriate diagnostic procedures were denied by the Department of Defense’s health insurance, leading to a delayed breast cancer diagnosis. Ten months later, the decedent, now terminally ill, filed a medical malpractice claim with the Department of Defense. The claim was denied as untimely, and after exhausting administrative remedies, the plaintiff’s estate brought the case to court under the Administrative Procedure Act. The defendant moved to dismiss the plaintiff’s complaint. Continue Reading ›

Maryland Court Examines Certificates of Qualified Experts in Medical Malpractice Cases

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

Maryland has particular rules that parties who wish to pursue medical malpractice claims must follow. Specifically, they must produce a certificate of a qualified expert asserting that the defendant breached the standard of care and that said breach proximately caused their harm. If the plaintiff fails to meet this requirement, or their expert’s certificate is deemed inadequate, their claims may be dismissed, as demonstrated by a recent ruling issued in a Maryland medical malpractice case. If you suffered losses because of inadequate medical care, it is wise to talk to a Maryland medical malpractice attorney at your earliest convenience.

Case Setting

It is alleged that in March 2018, the plaintiff sought medical help due to chest pain and pressure. Despite initial assurances from emergency medical personnel, the plaintiff asserted that there was a delay in cardiac intervention at the defendant hospital, causing damage to his heart. After filing the HCADRO claim, the plaintiff waived arbitration and, in January 2022, submitted a Certificate of Qualified Expert and a report prepared by the plaintiff’s expert, challenging the sufficiency of the defendant doctor’s actions. By April 2022, HCADRO issued an order to transfer the case.

It is reported that following these proceedings, the plaintiff, still representing himself, filed a complaint in the circuit court on June 24, 2022, against the defendant doctor and defendant hospital. Both defendants filed motions to dismiss, asserting, among other things, that the plaintiff’s expert’s Certificate of Qualified Expert, claiming it did not establish a breach of the standard of care or causation. Despite the plaintiff’s subsequent motion for an extension of time to respond, the court granted both of the defendants’ motions to dismiss and the plaintiff appealed. Continue Reading ›

Court Addresses Fraudulent Concealment in Maryland Medical Malpractice Cases

Published on: November 22, 2023 | by Arfaa Law Group

In Maryland, if a doctor negligently performs a surgical procedure in a hospital, both the doctor and the hospital may be liable for the patient’s harm. Determining the proper parties to sue in a medical malpractice case can be challenging, though, as in some matters, parties will take measures to conceal their relationships. As explained in a recent Maryland medical malpractice case, a plaintiff pursuing a claim for fraudulent concealment must set forth certain allegations. If you incurred damages because of an improperly performed procedure, it is important to contact a Maryland medical malpractice attorney about your options.

Facts and Procedure of the Case

It is alleged that the plaintiff underwent surgery for gallbladder disease, which was performed by the defendant. He subsequently developed complications, allegedly due to the negligence of the defendant. The plaintiff also asserted that the defendants failed to inform him of the risks of surgery and did not obtain informed consent. After a series of surgeries and evaluations, the plaintiff filed a claim in the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) in 2018, followed by the current medical negligence action against the defendant in 2023.

It is reported that the plaintiff also argued that the hospital where the defendant performed the surgery fraudulently concealed its relationship with the defendant and conspired to commit fraud against the plaintiff. The defendant filed a motion to dismiss, arguing that the claims were time-barred under Maryland law. Continue Reading ›