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Maryland Medical Malpractice Questions & Answers
2 Answers | Asked in Animal / Dog Law and Medical Malpractice for Maryland on
Q: Animal case? Bladder surgery results in 2nd surgery, Dr. Error. Damaged urethra causing near death toxicity leakage

Failed bladder surgery, results 2nd emergency surgery due to missed leakage into body cavity and distending abdomen. Tubing of throat improperly during surgeries causes cuts in throats causing stricture scars. After scaring, vomiting began and lots of weight loss. Internal med specialist was... View More

Paul D'Amore
Paul D'Amore
answered on Jan 20, 2017

I am very sorry to hear about your post-operative difficulties. I have seen many instances where the surgery that was supposed to "fix the problem" leaves the patient worse off than he/she started. Your potential case presents a long list of issues that would best be sorted out by an... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: I would like to know if I medical malpractice lawsuit against alpha health center,located in Elkton MD.

I was recieving treatment for substance abuse issues during the summer of 2015,I was prescribed buprenorphine from DR azfeld,I was transfered to DR keith sololov due to sceduling conflicts. I saw dr sokolov only one time,on my next visit I was terminated from treatment with no just cause,they said... View More

Paul D'Amore
Paul D'Amore
answered on Jan 13, 2017

With regard to your medical records, Maryland health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to... View More

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4 Answers | Asked in Medical Malpractice for Maryland on
Q: If you signed an informed consent can you still sue for malpractice?
Ronald V. Miller Jr.
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answered on Jan 12, 2017

Yes, yes, and yes. Informed consent just means that you consent to the procedure. You are not consenting to medical malpractice. In fact, we have a motion we regularly file to keep in informed consent that the patient signed out of evidence if it is not an informed consent case.

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do the defendants have 120 days to submit their expert witness report?

If they don't and if the plaintiff's lawyer never submitted to the court the amount of money the plaintiff would like, does this mean the plaintiff wins but will get no money? Thanks for answering.

Peter N. Munsing
Peter N. Munsing
answered on Dec 29, 2016

You hopefully have a lawyer. Sit down and discuss this with her or him in person. Your question has too many areas that don't have information for anyone to answer your question. You don't want to put up details on a public site. Talk to your lawyer.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I think my doctor committed malpractice but I didn't always follow his instructions. Will that hurt my case?
Jack D. Lebowitz
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answered on Dec 21, 2016

It could. Here's why: In Maryland, if you were partially at fault in causing your injuries, you may be barred from any recovery under the law known as contributory negligence. But, having said that, your question does not provide any facts, and so, it is not possible for me to have an... View More

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do I suppose to receive information in mail from court or defendants?

Because my address was incorrect on HCADRO filings my lawyer office filed, I didn't want to miss out on information.

Ronald V. Miller Jr.
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answered on Dec 19, 2016

That is something you want to correct quickly. Call Health Claims Arbitration (410) 767-8200. They are nice and will work with you to make sure you have everything. Put your correspondence in writing and make the same request of all parties to the litigation.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I had a surgeon leave a half of lump in my breast, breast cancer runs in my family what should I do?
Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

Perhaps he thought it was non-cancerous. I'm sure if your onco knew about the family history they would have considered it.

What you do is get a second opinion if you are concerned, make sure to follow up because recurrences can happen.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: What does informed consent consist of for a medical procedure?
Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

They rattle off a list of horribles (think of the disclaimers for drugs), you sign a paper saying "I get it, do it"

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: My mother passed away after what I believe was negligence during her surgery.

Can I sue for both medical malpractice and wrongful death?

Jack D. Lebowitz
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answered on Dec 11, 2016

Yes, in Maryland, a child (no matter how old the child is) maintains the right to sue for the wrongful death of a parent if medical malpractice or medical negligence was the cause of the parent's death.

3 Answers | Asked in Medical Malpractice for Maryland on
Q: If a pharmacy filled my prescription by gave me the wrong medicine and it made me sick,

could I sue the issuing pharmacist for medical malpractice?

Vadim A. Mzhen
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Vadim A. Mzhen
answered on Dec 1, 2016

I would need to know more facts, but on its face, it appears that the pharmacy committed an error for which you are entitled to receive compensation to the extent that you were harmed by taking the medication that was incorrectly dispensed to you.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: Who can be held responsible for medical malpractice?
Jack D. Lebowitz
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answered on Nov 23, 2016

In Maryland, any individual (i.e, physician or nurse) or corporation (i.e., hospital or nursing home) that is defined as a health care provider in the Courts and Judicial Proceedings Article 3-2A-01 can be held responsible for medical negligence or malpractice.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: My wife suffered a stroke after a chiropractic adjustment. Can I file a medical malpractice claim

against the chiropractor or is there a more relevant area of law that might help me?

Jack D. Lebowitz
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answered on Nov 16, 2016

I am sorry to hear about your wife. In Maryland, a chiropractor is defined as a health care provider. If the chiropractor was negligent, or committed medical malpractice and your wife suffered an injury as a result - including a stroke - the claim would be for medical malpractice or negligence.

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: Do I need copies of my medical records to make a medical malpractice claim?
Jack D. Lebowitz
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answered on Nov 8, 2016

Yes, you will need your medical records, and likely a whole lot more. In Maryland, there is a requirement that a medical expert review the pertinent medical records and other facts and provide an expert report indicating that you suffered injuries as a result of the breach or breaches of the... View More

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: If I have surgery and then my doctor tells me I have to have another surgery to correct complications from the first

procedure, is that considered medical malpractice? Do the results of my second surgery matter since it was the first one that was done wrong?

Vadim A. Mzhen
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Vadim A. Mzhen
answered on Nov 4, 2016

By itself, the fact that you need corrective surgery does not necessarily mean that the doctor committed medical malpractice. The doctor may have done everything in accordance with the accepted standards for that type of surgery, even though the outcome is not what was hoped for. If in fact the... View More

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: I got an infection after a medical procedure. I think the doctor might have used non-sterile equipment.

Can I request that they turn over their medical records for my procedure so I can find proof of this?

Jack D. Lebowitz
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answered on Oct 30, 2016

Yes, every patient has an absolute right to his or her medical records. Now, whether you will find evidence in the medical records of non-sterile equipment, that will be the challenge I think. Good luck.

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1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: Is there an actual federal code for informed consent for medical treatment unrelated to research?
Ronald V. Miller Jr.
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answered on Jul 20, 2016

Malpractice claims are almost always going to be controlled by state substantive law. Google "Maryland informed consent law" for Maryland law which differs from many other states.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: what does a complain "sounding in medical malpractice" mean?
Ronald V. Miller Jr.
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answered on Jul 20, 2016

It basically means has enough of a malpractice flavor to subject the claim to Maryland's malpractice statutory scheme which requires you to jump through different hoops when filing a malpractice claims.

2 Answers | Asked in Workers' Compensation and Medical Malpractice for Maryland on
Q: Easy question just had carpal surgery an cubital surgery they moved ulner nerve .I'm also borderline diabetic

Do i have a case?? I'm a commercial painter all mylife.also same has to be done to right arm an hand next year as well.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jun 23, 2016

You could very well have a case depending on a few factors. Under Maryland workers comp law this would be an occupational disease developed from repetitive motion. I can certainly see how a painter would develop carpal and cubital tunnel syndromes. You would need to have a doctor indicate that... View More

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Can I still sue now after five years?

Five years ago I found out doctor misdiagnosed me. I have learning disability and didn't know doctor could be at fault for making my misdiagnosed worst.

Ronald V. Miller Jr.
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answered on Apr 19, 2016

Maryland Courts & Judicial Proceedings Code Section 5-109, says that a med-mal case must commence within five years of the time that the injury was committed, or within three years of the date the harm was discovered.

Is is hard to foreclose any possibility because there are discovery...
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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Is it legal for a Drs office to hold your anti depressant medication hostage until you schedule an appointment
Laura G. Zois
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answered on Apr 19, 2016

It is hard to know without knowing more facts. But generally doctors do have a right to require the patient to come in before reupping mediation.

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