Maryland Court Upholds Verdict for Plaintiff in Medical Malpractice Lawsuit Against Neurosurgeon

In a Maryland medical malpractice case, the jury instructions are generally important for members of the jury to understand and apply the law to the evidence presented at trial. Sometimes, the instructions provided to the jury may be grounds for appeal.  In January 25, 2019 opinion, the Court of Appeals of Maryland considered whether it was improper for the trial court to give instructions on both the standard of care for general negligence and the higher standard of care for a physician in a medical malpractice case. The plaintiff in the case had sought medical treatment from the defendant after he experienced numbness in his fingers and intermittent neck and shoulder pain.  The defendant recommended surgery to remove damaged discs from the plaintiff’s spine and fused vertebrae in his neck.  After the defendant had performed the surgery, the plaintiff developed an infection at the location of the operation.  The plaintiff was hospitalized as…

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