In a July 25, 2019 opinion, the Court of Special Appeals of Maryland revisited a medical negligence case for the second time on appeal. The plaintiff had filed a Maryland medical malpractice lawsuit against her doctors, alleging that they failed to timely biopsy and diagnose a mass on her right breast.…
Articles Posted in Medical Malpractice
Maryland Court Examines Non-Party Negligence Defense in Medical Malpractice Case
To succeed in a Maryland medical malpractice action, the plaintiff must show that the treatment he received from his doctor fell below professional standards, and as a result, caused the plaintiff’s injury. In some situations, the defendants may argue that the negligence of non-parties contributed to the plaintiff’s injuries, as…
Court Evaluates Certificate of Qualified Expert in Maryland Medical Malpractice Appeal
The requirements for filing a Maryland medical malpractice claim are different than those for a typical personal injury case. If the procedural rules are not followed, the claim could be delayed or even dismissed. In a May 22, 2019 opinion, the Maryland Court of Special Appeals considered whether or not…
Plaintiff Brings Maryland Medical Malpractice Claim for Car Crash Injuries After Settling with Auto Insurer
When multiple parties contribute to a plaintiff’s injuries, the plaintiff may benefit from the guidance of a Maryland personal injury attorney. In these types of cases, Maryland law allows the plaintiff to recover the amount of damages that fully compensates the plaintiff for his or her injuries, and no more. …
Maryland Court Upholds Verdict for Plaintiff in Medical Malpractice Lawsuit Against Neurosurgeon
In a Maryland medical malpractice case, the jury instructions are generally important for members of the jury to understand and apply the law to the evidence presented at trial. Sometimes, the instructions provided to the jury may be grounds for appeal. In January 25, 2019 opinion, the Court of Appeals of Maryland…
Maryland Plaintiff Files Dental Malpractice Suit Alleging Nerve Damage from Tooth Extraction
The Maryland Health Care Malpractice Claims Statute may apply to claims alleging negligent dental care as well as medical care. In a February 8, 2019 Maryland medical malpractice action, the plaintiff sued her oral surgeon for dental malpractice and lack of consent. The case went to trial before a jury. At the…
Plaintiff Challenges Filing Deadline in Maryland Medical Malpractice Action for Staph Infection
The procedural requirements of a Maryland medical malpractice action are an important part of pursuing a lawsuit after negligent health care. In some cases, failing to meet the filing deadlines can have an adverse outcome, including dismissal of the plaintiff’s claims. In a January 18, 2019 appeal, the court was asked…
Estate Argues for a Mistrial on Appeal in Maryland Medical Malpractice Case
Developing an appropriate trial strategy in a Maryland medical malpractice case takes legal knowledge and experience. It may also have a significant impact on the outcome of the case. A December 31, 2018 medical malpractice case illustrates the importance of following court orders and procedures during a trial. In the…
Plaintiff Appeals Verdict in Maryland Medical Malpractice Case Arising From Amputated Leg
In a Maryland medical malpractice lawsuit, testimony from expert witnesses can be crucial to explain scientific issues to a jury and establish or refute an element of negligence. In a December 7, 2018 opinion, the Court of Special Appeals of Maryland considered whether the testimony of the defendants’ expert witness…
Maryland Court Considers Whether Dismissal Was Appropriate in Medical Malpractice Case
Unlike general personal injury and negligence cases, Maryland medical malpractice actions are typically subject to the Health Care Malpractice Claims Act (Act), which has a few different procedural requirements. In an August 2, 2018 case, the Court of Special Appeals of Maryland discussed the supplemental certificate of a qualified expert, which…