When Maryland or Virginia residents are injured because of medical malpractice, the laws of the states allow them to file suit to recover against negligent medical professionals. This process can be incredibly complicated, and virtually all plaintiffs must rely on expert witnesses to make their case. Expert witnesses can testify…
Proving that a certain act is legally negligent in a Maryland medical malpractice claim hinges on the testimony of an expert witness. This is because many medical decisions are difficult for nonmedical professionals to evaluate, and expert testimony helps the jurors understand the potentially complex issues involved in a case.…
Recently the Supreme Court of Virginia issued an opinion stemming from a medical malpractice lawsuit against a plastic surgeon. The court addressed two common issues concerning expert witnesses and abuse of discretion that frequently occur in Maryland medical malpractice lawsuits. According to the court’s opinion, the doctor performed a cosmetic…
A Maryland Appellate Court recently issued a written opinion discussing the heightened standard for proving gross negligence in a Maryland wrongful death lawsuit. According to the court’s opinion, in early March of 2011, the victim woke up around one in the morning with chest pains. The victim’s wife called 9-1-1,…
A patient who suffers physical, emotional, or financial injuries due to the negligence of a hospital worker or medical professional may file a Maryland medical malpractice lawsuit against the entity or individual. Medical professionals include doctors, nurses, nursing assistants, physician’s assistants, and all other healthcare workers. A medical professional’s injurious,…
The strength of a Maryland personal injury claim is irrelevant if the court dismisses a plaintiff’s case based on their failure to comply with certain court rules or procedures. Thus, it is critical that anyone considering bringing a personal injury lawsuit discuss their case with a knowledgeable Maryland injury lawyer.…
On July 11, 2019, a federal appellate court issued a written opinion in a case that raises an interesting and important issue for those who are considering filing a Maryland medical malpractice case. Specifically, the case required the court to determine whether the plaintiff’s evidence proved that the defendant’s conduct…
While all personal injury cases are subject to certain procedural rules, the rules that apply to medical malpractice cases are perhaps the strictest. For example, Maryland medical malpractice cases are subject to strict timelines and require plaintiffs to provide an expert affidavit explaining that the plaintiff’s claim has merit. Because…
Among a judge’s many roles is the responsibility to instruct the jury on the applicable law of the case. Generally speaking, a judge has discretion in how the jury is instructed; however, a judge’s instructions must accurately state the law. A recent Maryland medical malpractice case presented to the Maryland…
Recently, a state appellate court issued an opinion in a case illustrating the importance of meticulously following the procedural requirements of a Maryland medical malpractice lawsuit. Specifically, the case involved a plaintiff’s failure to provide sworn expert testimony. The Facts of the Case According to the court’s recitation of the…