In a recent medical malpractice case, the Court of Special Appeals of Maryland considered whether striking a standard of care expert as a sanction for non-compliance with scheduling and discovery orders was an abuse of discretion by the trial court. In Queensbury v. Rafiq (Md. Ct. Spec. App. Sept. 26,…
In order to succeed in a negligence lawsuit, a plaintiff must not only prove that the defendant breached a duty of care but also prove that the defendant’s breach was the cause of the plaintiff’s injury. The Court of Special Appeals of Maryland addressed the issue of causation in a recent…
Retaining legally qualified experts to testify in your medical malpractice case is a crucial part of a successful claim. The Court of Special Appeals of Maryland discussed some of these requirements in a recent medical malpractice case, Streaker v. Boushehri (Md. Ct. Spec. App. Sept. 28, 2016). In Streaker, the plaintiff…
In some cases, a medical malpractice claim may be brought after the statutory deadline for filing if it falls under a tolling exception. One of those exceptions may allow a mentally incompetent person to bring an action after the typical filing deadlines. In Kratz ex rel. Kratz-Spera v. MedSource Cmty.…
The Court of Special Appeals of Maryland recently reviewed a personal injury case in which a patient sued her doctor for a failed sterilization procedure. In Tyler v. Judd (Md. Ct. Spec. App. June 30, 2016), the plaintiff sought treatment from her doctor to schedule a tubal ligation. She alleged…
In a newly issued decision, the Court of Appeals of Maryland settled the question of whether surviving family members can bring a wrongful death action based on the same alleged conduct as a personal injury claim won by the decedent before his death. In Spangler v. McQuitty (Md. July 12,…
The Court of Special Appeals of Maryland recently issued an opinion in a medical malpractice action involving issues of expert testimony. In Abbasov v. Dahiya (Md. Ct. Spec. App. Apr. 29, 2016), the plaintiff brought claims for medical negligence, lack of informed consent, fraud, and loss of consortium against the…
The Court of Special Appeals of Maryland recently reviewed a medical malpractice case involving allegations of fraud by misrepresentation and concealment. In Crystal v. Midatlantic Cardiovascular Associates, P.A. (Md. Ct. Spec. App. Mar. 29, 2016), the plaintiff brought a medical malpractice lawsuit against the defendants, claiming that an unnecessary stent was…
The Court of Special Appeals of Maryland recently reviewed a medical malpractice case involving issues of admissible evidence to prove superseding negligence. In Copsey v. Park (Md. Ct. Spec. App. Apr. 21, 2016), the surviving family of the decedent brought an action against the treating physician, alleging that the defendant negligently…
The Court of Special Appeals of Maryland recently reviewed a lower court’s decision granting summary judgment in favor of a physician-defendant in a medical malpractice case. In Puppolo v. Sivaraman, the plaintiff’s wife died as the result of the administration of heparin, an anticoagulant used to prevent blood clotting during dialysis. Heparin is…