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Articles Posted in Medical Malpractice

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Maryland Plaintiff Wins Medical Malpractice Suit Following Hip Replacement Surgery 

Testimony of a medical expert may be crucial to succeed in a Maryland medical malpractice lawsuit.  In a September 2, 2020 case, the Court of Special Appeals of Maryland reviewed whether the opinion of the plaintiff’s medical expert met the requirements of the Maryland Civil Rules.  The issue was raised by the defendants,…

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Court Examines Qualifications of Medical Expert in Maryland Negligence Action

One of the elements of a Maryland medical malpractice claim requires the plaintiff to establish that the defendant’s actions fell below the standard of care of a medical professional practicing under the same circumstances.  To prove this element, the plaintiff must present a qualified medical expert to testify that the defendant breached the standard…

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Maryland Court Addresses Non-Party Negligence as a Defense in Medical Malpractice Suit

In most Maryland medical malpractice cases, the negligence of a physician must be established by the testimony of an expert witness.  A rare exception to the general rule requiring expert testimony is made only when such medical negligence is obvious and within the common knowledge of an ordinary person.  In an August 24, 2020…

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Maryland Plaintiff Appeals After Trial Court Precludes Expert from Testifying in Medical Malpractice Case

Expert testimony may be crucial to establish a medical malpractice claim in Maryland.  A party’s failure to identify a medical expert witness before the discovery deadline may result in sanctions.  In a July 7, 2020 Maryland medical malpractice case, the Court of Special Appeals reviewed the decision of a trial…

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Maryland Plaintiff Granted New Trial on Claims for Medical Malpractice and Informed Consent

Informed consent is an important part of medical care.  If a health care provider fails to disclose certain information to the patient before a procedure or examination, they may face a Maryland medical malpractice claim.  In an August 6, 2020 case, the Court of Special Appeals of Maryland considered whether a new…

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Maryland Appeals Court Grants New Trial for Plaintiffs in Wrongful Death Case

In Maryland, surviving family members may have the right to take legal action against those responsible for the death of a family member.  These types of actions are known as Maryland wrongful death claims.  In a recent case, the wife and children of the decedent filed a lawsuit against the…

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Appeals Court Allows Plaintiff to Proceeding with Maryland Medical Malpractice Claim Against Nursing Facility Despite Delay

Personal injuries arising out of negligent heath care providers may be subject to the Maryland Health Care Malpractice Claims Act.  A Maryland medical malpractice attorney can guide you through the requirements and deadlines of the Act.  In a June 17, 2020 case, the Court of Special Appeals considered whether the plaintiff’s delay…

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Court Discusses Requirements for Qualified Expert in Maryland Medical Malpractice Case

The Maryland Health Care Malpractice Claims Act governs medical malpractice actions in Maryland.  To file a claim under the Act, a plaintiff must follow the requirements provided therein.  In a May 26, 2020 case, the Court of Special Appeals of Maryland analyzed whether the plaintiff had complied with the certification requirements under…

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Maryland Appeals Court Reversals Dismissal of Medical Malpractice Claim

A Maryland medical malpractice claim requires an expert witness to testify in support of the plaintiff’s case.  Failure to secure an expert medical witness, or provide admissible expert testimony may result in a dismissal of the claim.  In a January 10, 2020 medical negligence case, the Court of Special Appeals…

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Appeals Court Reviews Maryland Medical Malpractice Action Dismissed on Procedural Grounds

To file a medical malpractice claim in Maryland, a plaintiff must follow certain procedural rules and deadlines provided under the law.  In a November 27, 2019 opinion, the Court of Special Appeals of Maryland addressed the consequences of failing to comply with these rules.  The plaintiff in the case had…

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