Under Maryland law, employers can be deemed vicariously liable for the negligent acts of their employees. For example, if a patient suffers harm due to incompetent treatment in a hospital setting, both the doctor that rendered the care and the hospital may be held accountable. When a doctor is an…
Negligence in the context of medical care can cause extensive injuries; as such, the law permits people harmed by the carelessness of their treatment providers to seek compensation via medical malpractice claims. Merely establishing negligence is not sufficient to recover damages from reckless providers, however. Rather, a plaintiff must also…
In Maryland, actions brought under the Health Care and Malpractice Act include lawsuits for negligent dental treatment, in addition to medical malpractice. To establish a dental negligence action, opinion testimony from a dental or medical expert witness is generally required. In an August 11, 2021 case, the Court of Special…
In some situations, a health care provider may violate the standard of care by not informing a patient of the potentially serious side effects of a medication. In a September 24, 2021 case, the plaintiff brought claims for medical malpractice and lack of informed consent against his doctors, alleging that…
Whether a hospital may or may not be held liable for the negligence of a physician or staff member depends on a number of factors, including whether the doctors are employees of the hospital, or independent contractors. In a July 20, 2021 opinion, the Court of Special Appeals of Maryland…
The evidence and testimony presented in a Maryland medical negligence case may be crucial to the outcome. If one party objects to the evidence offered by an opposing party, the trial court will decide whether it is admissible. In a July 12, 2021 medical malpractice case, the Court of Special Appeals…
In Maryland, expert testimony is generally required to establish a medical malpractice claim. In a May 26, 2021 opinion, the Court of Special Appeals of Maryland considered whether evidence of negligence, which included opinions of two medical experts, was sufficient to survive a summary judgment motion in a medical malpractice…
In Maryland, performing surgery on a patient without their informed consent may be grounds for a medical malpractice suit. Generally, a medical expert is required to provide evidence of a doctor’s alleged negligence. In a March 15, 2021 opinion, the Court of Special Appeals of Maryland reviewed a lawsuit against a surgeon…
A Maryland medical malpractice claim based on the lack of informed consent can be complicated in some cases, particularly when the patient is a minor. In a February 1, 2021 opinion, the Court of Special Appeals of Maryland analyzed the duty of healthcare professionals and the doctrine of informed consent in Maryland. The…
Some Maryland medical malpractice cases may arise out of a misdiagnosed or undiagnosed condition by a health care practitioner. In a November 23, 2020 opinion, the Court of Special Appeals of Maryland reviewed a case brought by the personal estate of a cancer patient and her family against the radiologist who treated…