Proving a medical malpractice case usually involves the “four Ds.” These are duty, dereliction, damages, and direct cause. Duty is the doctor’s legal duty to provide proper care. Dereliction is their breach of this duty of care. Damages are your financial costs and other damages, and they must be proven to be directly attributable to […]
Any healthcare provider can be held liable for medical malpractice including doctors, specialists, nurses, nurse practitioners, delivery room nurses and doctors, pain management doctors, gynecologists, ophthalmologists, cardiac surgeons, and many others. When certain healthcare workers are performing their service within a doctor’s practice, the doctor can be held liable in addition to their employee.
Common types of medical malpractice in Maryland include failure to diagnose, misdiagnosis, failure to properly administer treatment, failure to receive informed consent, improperly prescribing medication, surgical errors, premature discharge, and failure to properly take patient history into account. Some cases involve birth injuries, spinal cord damage/paralysis, improper amputation, internal organ damage, antibiotic toxicity, untreated infection/sepsis, […]
In Maryland, most healthcare assistants must be supervised by doctors. However, nurse practitioners are different and may perform certain tasks independently, like writing prescriptions, providing emergency care, and performing corrective measures. This means nurse practitioners operate independently of the doctors in the same practice, so legal action against a nurse practitioner is not necessarily a […]
The Maryland Health Care Malpractice Claims Statute is found within the Maryland Code under Title 3 – Jurisdiction/Special Causes of Action – Health Care Malpractice Claims Section 3-2-A-01 to 3-2-A-10. It defines malpractice in Maryland, outlines how to file a claim properly, lays out the judicial review process, and describes rules and limitations regarding judgments.
There are many compelling reasons to file a medical malpractice claim. First, medical malpractice causes bodily injury and pain. You may have lifelong medical conditions, scars, and emotional anguish that deserves full and fair compensation. Plus, these medical errors can create extremely expensive additional medical expenses for affected patients. You shouldn’t be ruined financially simply […]
In Maryland, marital property includes a home, land, and property owned/acquired during the marriage. Because the state views this marital property as owned together during the marriage, it must be divided at the point of divorce.
In Maryland, alimony payments are not set forth statutorily. This means a judge must decide both the amount and the period of alimony based on the financial needs and abilities of the parties. Two types of alimony can be awarded: rehabilitative or indefinite. Rehabilitative is set for a period to allow the person to start […]
“Best Interests of the Child” is the over-arching legal standard of review that a court must use in order to determine physical custody. While there are more than a dozen factors codified in Maryland Law that courts are required to consider, the list in the statute is not considered exhaustive. Rather, courts must consider all factors that may […]
Maryland has two main types of divorce. In a limited divorce, the spouses live apart and separate assets, but the divorce can be reversed. An absolute divorce is permanent and finalizes the division of assets between the spouses. Generally speaking, a limited divorce is temporary or like a “trial separation agreement,” but it can become […]