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…
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…
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…
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 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.…