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…
In Maryland, family members may bring a wrongful death action against a defendant whose negligence caused the death of their loved one. The Maryland wrongful death statute allows the plaintiffs to recover economic and non-economic monetary damages resulting from their loss. In a November 1, 2019 case, the Court of…
Negligent nursing home care may cause serious injuries or even death, as well as emotional pain for the victim’s family. Many nursing care facilities in Maryland require patients to execute agreements upon admittance in which they agree to arbitrate any future legal claims against the facility. In a June 27, 2019 Maryland…
In general, a person may be held liable for injuries caused by their negligence. Statutory immunity creates an exception to the general rule. Immunity may be asserted to defend against a Maryland negligence claim, as in an August 29, 2019 case. The plaintiff in the case alleged that the defendant,…
Bringing a Maryland personal injury lawsuit against certain parties, such as police officers and emergency responders, may require proof of more than simple negligence. If the defendants are entitled to statutory immunity, the plaintiff must demonstrate gross negligence in order to hold them liable in some cases. In an August…
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.…
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…
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. …
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…
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…