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Maryland Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Maryland on
Q: I just found out I was misdiagnosed and underwent an unnecessary surgery. How much can I recover? Just the bills?

Or more?

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 30, 2018

You could potentially recover your bills, you lost wags, and your pain and suffering damages if a jury were to find a mistake was made.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: My doctor prescribed me a medication that I ended up being allergic to. Can I sue for medical malpractice?
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 30, 2018

As a practical matter, unless you suffered serious injuries, no lawyer would take this case. Whether you have a theoretical case would depend on whether the doctor knew or had reason to know you might be allergic to that medication.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 30, 2018

I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 13, 2018

You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.

1 Answer | Asked in Medical Malpractice, Employment Discrimination and Employment Law for Maryland on
Q: During 90 day probation, if employee came to work sick and was sent home can that absence being used against them

60 days into a new job- I came into work throwing up but ready to work. The doctor I was working for asked me to go home. Now during my review they are using that against me saying it was an unexcused day.

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 8, 2018

This is a employment question not a malpractice question and you should probably pose your question to the employment lawyers on here.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I traveled to Mexico for cheaper plastic surgery that got botched. Can I sue the doctors down there?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 27, 2018

You'll need to ask this question of a Mexican lawyer. Maryland courts ordinarily would have no jurisdiction over a foreign doctor.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I got food poisoning while on a special diet in a hospital - does that constitute medical malpractice?
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Dec 12, 2017

Presuming a breach of the standard of care, this is probably medical malpractice. Any smart lawyer bringing this claim would bring it as a medical malpractice claim.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Does a psychiatrist's neglect to explain the withdrawal symptoms of an antidepressant constitute medical malpractice?

My doctor prescribed me Effexor but omitted to mention the severe and long-lasting discontinuation symptoms associated with the medication. Since I have stopped taking Effexor, I have experienced a myriad of uncomfortable and disruptive side effects including disorientation, excessive sweating,... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Nov 30, 2017

In theory, yes. But it is not as simple as if X than malpractice. More to the point, it will be hard to find a lawyer who will show an interest in your claim because, thankfully, your injuries are not permanent.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: What are the laws in Maryland about getting ahold of my medical records -- can I get my wife to do it for me?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 7, 2017

Medical records are private and protected by privacy laws but a patient can grant someone else written authority to get their medical records.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: How is it possible to win a case against a doctor for failure to diagnose?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

If you took 100 doctors and related the facts and if 70% or more said their should have been a differential diagnosis including whatever it was, and that he should then have done tests to exclude it. Malpractice cases are very expensive and it's likely that there are problems with your case.... Read more »

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1 Answer | Asked in Products Liability and Medical Malpractice for Maryland on
Q: I had rib plating surgery and had pain 2 months later. Screws have fallen out. Took 3 months to see a doctor

She won't even take an x-ray to see where the screw is before she goes in for another surgery which all she did was talk to somebody over the phone from her office because she never could make it to the appointment which I sat in the room for an hour and a half waiting..whole process has been... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Most likely but sounds like you need to get a second opinion (don't mention you are thinking about a case).,

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: When do defendants supposed to submit their expert?

Do the defendants supposed to submit their expert's report, after the plaintiff files lawsuit or after plaintiff files lawsuit along with (plaintiff) expert's report? Thanks.

Eric Todd Kirk
Eric Todd Kirk answered on Aug 28, 2017

The dates for submission are controlled by the terms of the scheduling order.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: What is the duty of a pharmacist to fill a prescription they think would harm someone?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

Depends on the degree of harm. If you have a concern suggest you speak with a member of the Md. Assn for Justice--they give free consults.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do I have a possible medical malpractice case? Was misdiagnosed when I was having a serious gall bladder attack.

I went to the doctors in so much pain I was vomiting and could not stand upright. My insurance told me I have to go to urgent care before going to ER. I told the doctor I am in so much pain I have gall stones I think I am having a gall bladder attack. I am a biologist so I am not some crazy... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Contact the risk manager at the facility. Explain why you think you don't have to pay. See what they say.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: Is there a statute of limitations for filing a medical malpractice claim on behalf of a minor?
Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

if it's the minors claim they have a variety of years depending on if it's due to injury to the reproductive system, an item being left inside, whether they are under certain ages. Why not contact a member of the Md. Assn for Justice that handles malpractice and ask them? they give free... Read more »

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Case number error?

Not on case search website. Is it because the court don't know if the defendants been served the lawsuit?

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on May 26, 2017

Malpractice lawsuits are not on the case search website because they are filed in Health Claims and then typically transferred to Circuit Court. Do you have a lawyer? Why not just ask your attrorney?

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: Follow up question,on my Dentist not performing a simple filling correct & this caused me couple of thousands dollars.

As you know two simple filling caused me root canal in my tooth,I explained this to my Dentist and requested him if he will bare my expenses, which I expalined over phone and email.Upon talking to him he mentioned multiple things that the filling material could be bad,I asked I'm to see the... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on May 26, 2017

I don't think someone putting money back into your account really requires your advice and consent. It does not limit you options to bring a claim in any way.

There are not enough facts to understand your claim and your options.

3 Answers | Asked in Medical Malpractice for Maryland on
Q: I had a different medical outcome than my doctor said I would. Is this malpractice?
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on May 26, 2017

No. Bad outcomes are not malpractice. Malpractice is when the doctor makes a mistake that causes injury.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: Do plaintiff or the defendants pay the plaintiff lawyer's fee?

Whether there is a settlement before or after trial, can the plaintiff keep the whole settlement and have the defendants pay what would have been the plaintiff lawyer's percentage from it?

Jack D. Lebowitz
Jack D. Lebowitz answered on Apr 25, 2017

No, in Maryland, each side pays his or her own legal fees and expense. Plaintiff pays his/her own legal fees and expenses.

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