Maryland Court Discusses Federal Jurisdiction Over Medical Malpractice Claims
It is not uncommon for injuries caused by medical malpractice to occur simultaneously with other harm. In such cases, the injured party may be able to pursue numerous causes of action in a single...
View ArticleCourt Discusses Contributory Negligence in the Context of Medical Malpractice
When healthcare providers face liability for incompetent medical care, it is uncommon for them to admit fault. In some cases, they may go as far as to blame the plaintiffs for the injuries they...
View ArticleMaryland Court Discusses the Right to Recover Wrongful Death Damages in Cases...
Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast...
View ArticleMaryland Court Discusses Apparent Agency in Medical Malpractice Cases
People who suffer traumatic injuries in car accidents are often transported to hospitals for medical treatment. If the care they receive while hospitalized is inadequate, though, it may compound their...
View ArticleMaryland Court Discusses the Impact of Improper Evidence in Medical...
There are numerous claims a person harmed by incompetent medical care may pursue. For example, a person may assert a medical malpractice claim or failure to obtain a patient’s informed consent claim....
View ArticleMaryland Court Discusses the Standard for Transfer for Forum non Conveniens...
People harmed by the incompetence of their doctors have the right to pursue compensation via medical malpractice claims. As plaintiffs are the parties that institute cases, they generally get to...
View ArticleMaryland Court Discusses Discovery Rule in a Dental Malpractice
While people typically think of malpractice cases arising in the context of treatment for conditions of the body, dentists can be liable for malpractice as well. Dental malpractice claims, like other...
View ArticleMaryland Court Declines to Toll Statute of Limitations in Psychiatric...
People suffering from mental illnesses often require medication to manage their symptoms and enable them to lead typical lives. Thus, if a doctor fails to prescribe a patient necessary psychiatric...
View ArticleCourt Discusses Pleading Requirements in Maryland Medical Malpractice Cases
Medical malpractice actions are generally complex, and Maryland law imposes greater evidentiary and pleading standards on plaintiffs pursuing negligence claims against medical providers. A plaintiff...
View ArticleMaryland Court Discusses Sufficiency of Expert Opinions in Dental Malpractice...
In Maryland, dental malpractice claims, like other allegations of medical malpractice, must typically be proven via expert testimony. Thus, if a court deems a plaintiff’s expert testimony inadmissible,...
View ArticleCourt Explains Judicial Estoppel in Medical Malpractice Cases
While people generally do not think of bankruptcy and medical malpractice claims as related, a recent ruling issued in a Maryland medical malpractice case suggests otherwise. Specifically, the court...
View ArticleMaryland Court Explains Privileged Quality Assurance Documents in Medical...
In Medical malpractice cases, the records, notes, and charts produced by the defendant doctor are often key in establishing liability. Not all materials created by doctors are discoverable, however, as...
View ArticleCourt Discusses Lack of Informed Consent Claims Under Maryland Law
Many medications cause known side effects. Typically, however, a doctor prescribing a drug will determine the benefits outweigh the dangers of taking them. Doctors cannot make this determination for...
View ArticleCourt Discusses Establishing the Existence of a Treatment Relationship in a...
Doctors that fail to provide their patients with competent care may be deemed liable for medical malpractice. While there are multiple elements a plaintiff seeking damages for medical malpractice must...
View ArticleMaryland Court Discusses Pursuing Damages Under the Federal Tort Claims Act
It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. While people injured by the medical negligence of federal employees have the right to pursue...
View ArticleMaryland Court of Appeals to Address Whether the Wrongful Death Act Allows...
In an opinion delivered in July, the Court of Special Appeals of Maryland ruled that Maryland’s wrongful death statute must be strictly construed, and therefore, a decedent’s beneficiaries cannot...
View ArticleMaryland Court Discusses Party’s Rights in Medical Malpractice Cases
Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a...
View ArticleMaryland Jury Awards Parents Over $1 Million in Birth Injury Wrongful Death Case
Many parents are apprehensive about the births of their children. While a variety of concerns may cause expectant parents anxiety, they rarely anticipate that they will lose their child due to the...
View ArticleMaryland Court Discusses Notice Requirements Under the FTCA
Many medical facilities are funded and operated by the federal government. Patients who suffer harm due to incompetent care rendered in such a facility may be able to recover damages, but they...
View ArticleCourt Explains Pleading Requirements in Maryland Medical Malpractice Claims
Some people harmed by incompetent medical care wish to seek compensation from their providers but are reluctant to hire an attorney due to misapprehensions regarding the cost of legal representation....
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