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…
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,…
A Maryland wrongful death action based on the negligence of police or law enforcement officers generally has a higher burden of proof than a typical negligence claim. In a September 24, 2020 wrongful death case arising out of a police shooting, the Maryland Court of Special Appeal considered whether summary judgment was properly…
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…
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…
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…
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…
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…
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…
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…