Published by Arfaa Law Group
Maryland patients generally must complete a specialized pre-suit process before pursuing a malpractice claim in court, even when the facts also support a federal civil rights claim. In a recent Maryland decision, a former inmate asserted that medical providers and detention officials caused a critical knee operation to be delayed. The court dismissed his malpractice claim without prejudice because he had not completed Maryland’s required process. If you were harmed by delayed treatment, you should speak with a Baltimore medical malpractice attorney about preserving your claim.
Facts and Procedural History
Reportedly, the plaintiff developed a serious MRSA infection involving a previously replaced knee. Surgeons removed the prosthesis, inserted an antibiotic spacer, and arranged intravenous antibiotics. After continuing wound care, a surgeon scheduled an operation to remove the spacer and insert a fusion rod. The procedure was ultimately set for May 22, 2023.
Allegedly, officials transferred the plaintiff to another detention center on May 19, three days before the scheduled surgery. The medical transfer materials referred generally to a future knee operation and specialty referral but did not clearly state the imminent surgery date or the gravity of the infection. The plaintiff missed the procedure, which did not occur until August. He maintained that the delay allowed the infection to damage his leg bone, prevented placement of the planned fusion rod, and left him dependent on a cane or wheelchair.
It is reported that the self-represented plaintiff sued county officials, medical providers, and a medical contractor. He asserted federal constitutional claims based on delayed or denied care and also appeared to advance medical malpractice and state constitutional claims. The defendants moved to dismiss or for summary judgment. Although the court allowed an Eighth Amendment claim concerning the post-sentencing surgery delay to proceed, it addressed the malpractice theory separately.
Why the Court Dismissed the Medical Malpractice Claim
Maryland’s Health Care Malpractice Claims Act establishes procedural steps that generally must be completed before a malpractice action proceeds in state or federal court. A claimant ordinarily begins by filing the claim with the Health Care Alternative Dispute Resolution Office. When a claim involves a departure from professional standards, the claimant also generally must submit a certificate from a qualified expert addressing the provider’s departure and its causal relationship to the injury. After satisfying the statutory process, the claimant may waive arbitration and pursue the action in court.
The court found nothing showing that the plaintiff had first presented his malpractice theory to the Health Care Alternative Dispute Resolution Office. That omission prevented the court from allowing the claim to proceed in the existing action. The court therefore dismissed the medical malpractice claim without prejudice. This form of dismissal did not decide whether the medical providers breached the professional standard of care or whether the surgery delay caused the claimed damage. It left open a possible claim through the proper process, subject to applicable deadlines.
Confer with a Baltimore Medical Malpractice Attorney
Delayed surgery claims require a careful account of what providers ordered, what officials knew, and how the delay affected the patient. The Baltimore medical malpractice attorneys at Arfaa Law Group represent patients and families throughout the Baltimore area. If you believe a provider’s failure to arrange timely surgery caused additional harm, call (410) 889-1850 or complete the firm’s online contact form to schedule a consultation.