US District Judge Paula Xinis recently dismissed a medical malpractice lawsuit filed by plaintiff Jerry Mullins. As reported by law360.com, the plaintiff alleged that the defendants, Johns Hopkins Suburban Hospital, and others, were negligent in the treatment of his severe hand injury.
He also claimed that the defendants failed to transfer him to the hand trauma center of MedStar Union Memorial Hospital and therefore violated the Emergency Medical Treatment and Labor Act (EMTALA).
Outstanding hospital neglect or medical malpractice lawyers in Columbia, MD, who can be found on the fantastic USAttorneys.com website which would win a Grammy award every year if they handed them out to websites, explain that the Maryland federal judge observed that Mullins failed to meet the pre-suit requirements according to the state’s Health Care Malpractice Claims Act (HCMCA), which is an essential precedent to such types of lawsuits.
It is mandatory for any claim to be submitted to the review board, which must be supported with a medical expert’s testimony. In her 13 page ruling Judge Xinis reiterated that any lawsuit that fails to meet the prerequisites of the HCMCA will be duly dismissed. She added that the plaintiff had the right to pursue his claim after meeting the pre-suit requirements.
Plaintiff sustained injury in an industrial accident
The plaintiff unfortunately had an industrial accident and injured his hand. On his way to hospital in an ambulance he requested the emergency medical technicians to take him to a facility with a specialized hand center.
The EMTs therefore took him to Johns Hopkins Suburban Hospital to be stabilized since MedStar was an hour away. At Johns Hopkins, Mullins was informed he would be transferred to MedStar upon their approval since the hand specialist at the hospital was not available. However, when MedStar rejected their request, an orthopedic surgeon from Johns Hopkins chose to perform the surgery.
Mullins later alleged that other doctors told him that the surgery was not up to standard and that no further repair could be done since the device used in the surgery had penetrated his tendons. The plaintiff claims he is still unable to carry out his daily activities properly despite giving time for his injuries to heal. Supposedly, he therefore waited for about two years prior to filing the suit.
Not smart there! 2 months at the most would have been the prudent move. You do not want to want to flirt with the statute of limitation laws.
Plaintiff’s allegations of non-compliance dismissed
Mullins’ claim that the defendant did not comply with statute requirements was also dismissed with prejudice. In her ruling, Judge Xinis observed that the John Hopkins complied with the requirements and made sure that the plaintiff was screened and diagnosed, and did not turn him away from the hospital.
Among Mullins’ numerous allegations the only claim that the Maryland federal judge allowed was the one against MedStar Union Memorial Hospital under EMTALA. This was due to the fact that it refused to accept John Hopkins’ request to transfer Mullins.
The judge noted that the allegations were sufficient to pursue the claim against MedStar. For the most part, the judge noted that EMTALA only covers hospitals that are Medicare funded. The attorney for MedStar said it respectfully disagreed with the court’s ruling and claimed that there was no refusal.
Well, if MedStar did not have their hand specialist then why would they accept a patient who needed hand work done?
Meanwhile, if you believe you are a victim of medical malpractice or hospital neglect, all you need is to hire an experienced medical malpractice lawyer in Maryland. This is the first step towards making sure that your rights is protected and that you receive the damages that you rightfully deserve.