Sample Hospital Medical Malpractice

Complaint

Below is an example of a medical malpractice lawsuit against a hospital.  

One question that arises in these cases is whether you should name just the
hospital or also name the individual doctors and nurses.  If you can get an
agreement upfront that the doctors or nurses will be treated as defendants for
all other purposes, not naming the health care providers' can be a rare win-
win in litigation where both parties benefit.  The hospitals want to keep their
health care providers names out of the lawsuit for obvious reasons. From the
plaintiff's lawyer's perspective, the jury may find it easier to swallow finding
fault against the hospital than against a sympathetic doctor or nurse. 

In this video, we get a little deeper into the weeds of the differences between
regular malpractice cases and malpractice claims with a hospital defendant.  

CYNTHIA MONROE

v.
JOHNS HOPKINS HOSPITAL.

CASE NO.:

SAMPLE HOSPITAL NEGLIGENCE COMPLAINT

Cynthia Monroe, by her attorneys, Ronald V. Miller, Jr., Rodney M. Gaston,
and Miller & Zois, LLC, and brings this lawsuit against the Defendant Johns
Hopkins Hospital and Johns Hopkins Community Physicians. In support of
these allegations, Plaintiff states:

FACTS

1. That the Plaintiff is a resident of Anne Arundel County, Maryland.

2. That Defendant Johns Hopkins Hospital is a Maryland Corporation
providing medical services to the citizens of Baltimore and has its
principal place of business located in Baltimore City, Maryland.
3. That Defendant Johns Hopkins Community Physicians, Inc. is a
Maryland Corporation providing medical care to the citizens of the State
of Maryland with its principal place of business located at 3100 Wyman
Park Drive in Baltimore City, Maryland and is wholly owned by
Defendant Johns Hopkins Hospital.
4. That all remaining defendants are medical providers providing medical
services in Maryland and at the time of the alleged medical malpractice
were all employees/agents/servants of Defendants Johns Hopkins
Hospital and Johns Hopkins Community Physician’s Inc. and were
acting within the scope of that employment/agency/servant relationship
when they failed to follow the applicable standard of medical care during
their treatment of the Plaintiff on or about May 29, 2019, and thereafter,
at 1132 Odenton Road, Odenton, MD, which proximately resulted in a
physical injury to the Plaintiff.
5. That the amount sought in this suit exceeds the jurisdiction limit of the
District Court of Maryland. The venue that is the most appropriate venue
in Baltimore City, Maryland as Defendants Johns Hopkins Hospital and
Johns Hopkins Physicians Inc. maintain their principal place of business
in Baltimore City, Maryland.
6. That these medical mistakes occurred on March 26, 2019, and after
that, in the State of Maryland.
7. That on or about March 26, 2019, the Plaintiff underwent a CT scan of
her abdomen, as recommended by the Defendants, which revealed the
presence of two ovarian cysts.
More Samples

o Hospital Interrogatories in Word

o More Example Malpractice Complaints
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o Plaintiff's Interrogatories
o Request for Production of Documents
8. That following the Plaintiff’s CT scan, the Defendants never informed
the Plaintiff of the results of the CT scan, never informed the Plaintiff of
the presence of the two ovarian cysts, never recommended that the
 Plaintiff have a follow-up sonogram, and never recommended that the
Plaintiff have an OB/GYN consultation.
9. That the standard of medical care applicable to the Defendants after
receiving the CT scan that revealed the presence of two ovarian cysts in
the Plaintiff’s body was to inform the Plaintiff of the presence of the
cysts, to refer the Plaintiff for a sonogram, and to refer the Plaintiff for an
OB/GYN consultation.
10. As a direct result of the Defendants breaching the applicable
standard of medical care owed to the Plaintiff by failing to inform the
Plaintiff of the results of the CT scan which revealed the presence of the
ovarian cysts, by failing to recommend that the Plaintiff have a follow-up
sonogram, and by failing to refer the Plaintiff for an OB/GYN
consultation, the Plaintiff suffered a physical injury to her body.
11. That on May 29, 2019, and thereafter, Defendant Mary Carty, a
physician’s assistant, was required to be supervised by a licensed
medical doctor during the occasions that she was providing medical
care, treatment, and advice to the Plaintiff, and at all times that she
provided medical care, treatment, and advice to the Plaintiff, she was
under the direct supervision of Defendants Sidney McEnroe, M.D.,
David L. Fitzgerald, Jr., M.D., and Carol Chapman, M.D.
More Medical Malpractice

o Seven Steps to a Malpractice Case (video)

o Sample Doctor Deposition
o Sample Doctor's Medical Expert
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o Nursing Home Lawsuits in Maryland
o Medical Negligence FAQ
12. That Defendants Sidney McEnroe, M.D., David L. Fitzgerald, Jr.,
M.D., and Carol Chapman, M.D., all medical doctors, under the
applicable standard of medical care owed a duty to the Plaintiff to
supervise the medical care that Mary Carty, a physician’s assistant, was
providing to the Plaintiff. The defendant medical doctors breached this
duty and standard of care by failing to adequately supervise Mary
Simpson. This resulted in the failure to inform the Plaintiff of the
presence of the ovarian cysts as revealed by the CT scan, the failure to
recommend that the Plaintiff have a follow-up sonogram, and the failure
 to refer the Plaintiff for an OB/GYN consultation. As a direct and
proximate result of these failures, the Plaintiff suffered a physical injury
to her body. All of these failures amounted to a breach of the applicable
standard of medical care.
13. That as a direct and proximate result of the breach of the
applicable standard of medical care by the Defendants, the Plaintiff has
suffered harm.  These harms include: 1) suffered conscious pain and
suffering both in the past and, it is expected by her physicians, the
future, 2) incurred medical expenses in the past and will incur future
medical expenses, 3) suffered mental and emotional sorrow and
anguish, 4) suffered permanent physical injuries (enlargement of the
ovarian cysts and a total hysterectomy) and disfigurement, and 5) was
required to undergo additional medical procedures and has sustained
other damages.
14. That all of the injuries and damages sustained by the Plaintiff
were the direct and proximate result of the negligent actions and
breaches of the applicable standards of medical care by all of the
Defendants without any act or omission on the part of the Plaintiff
directly thereunto contributing.
15. That the Plaintiff did not assume the risk of her injuries.
16. Plaintiff incorporates by reference herein the entire copy of the
claim that she filed with the Health Claims Alternative Dispute
Resolution Office on January 2, 2020 as Exhibit 1 which includes her
Certificate of Qualified Expert from Dr. Kevin Phillips, M.D., Expert
Report from Dr. Kevin Phillips, M.D., Certificate of Qualified Expert from
Rochelle Ripple, RPA-C, and Expert Report from Rochelle Ripple, RPA-
C, which further delineates the breaches of the applicable standards of
medical care owed to the Plaintiff by all of the Defendants, which
proximately caused a physical injury to the Plaintiff. Also attached as
Exhibit 2 is the Order of Transfer executed by Harry Chase, the Director
of the Health Claims Alternative Dispute Resolution Office, directing that
the claim be transferred to the Circuit Court for Baltimore City. Plaintiff
has complied with all of the statutory preconditions to filing this medical
malpractice claim.
COUNT I: Negligence – Medical Malpractice
(As to Defendant MARY CARTY)

17. The Plaintiff re-alleges and incorporates by reference herein all of

the allegations contained in paragraphs 1-16 above.
 18. That on or about March 26, 2019,  Defendant Mary Carty
breached the applicable standard of medical care owed to the Plaintiff,
which directly caused a physical injury to the Plaintiff and was the direct
and proximate cause of all of the Plaintiff’s injuries and damages.
WHEREFORE, the Plaintiff claims monetary damages against Mary Carty
individually in an amount to be determined at trial, plus costs, and for any
further relief that this Honorable Court determines necessary and appropriate.

COUNT II: Negligence - Medical Malpractice

(As to Defendants SIDNEY MCENROE, M.D., DAVID L. FITZGERALD, JR.,
M.D., and CAROL CHAPMAN, M.D.)

19. The Plaintiff re-alleges and incorporates by reference herein all of

the allegations contained in paragraphs 1-18 above.
20. That Defendants Sidney McEnroe, M.D., David L. Fitzgerald, Jr.,
M.D., and Carol Chapman, M.D. deviated from the acceptable standard
of medical care during the care and treatment of the Plaintiff on or about
March 26, 2019 and thereafter and that this deviation was the direct and
proximate cause of a physical injury to the Plaintiff and the direct and
proximate cause of all of the Plaintiff’s injuries and damages.
WHEREFORE: Plaintiff claims money damages against Defendants Sidney
McEnroe, M.D., David L. Fitzgerald, Jr., M.D., and Carol Chapman, M.D. in an
amount to be determined at trial, plus costs, and for any further relief that this
Honorable Court determines necessary and appropriate.

COUNT III: Negligence - Medical Malpractice

(As to Defendants SIDNEY MCENROE, M.D., DAVID L. FITZGERALD, JR.,
M.D., CAROL CHAPMAN, M.D., for failure to supervise)

21. The Plaintiff re-alleges and incorporates by reference herein all of

the allegations contained in paragraphs 1-20 above.
22. That Defendants Sidney McEnroe, M.D., David L. Fitzgerald, Jr.,
M.D., and Carol Chapman, M.D., deviated from the acceptable standard
of medical care during the care and treatment of the Plaintiff on or about
March 26, 2019 and thereafter by failing to properly supervise the
medical care and treatment that was being provided by Mary Carty to
the Plaintiff and that this deviation was the direct and proximate cause
of a physical injury to the Plaintiff and the direct and proximate cause of
all of the Plaintiff’s injuries and damages.
WHEREFORE: The Plaintiff claims monetary damages against Defendants
Sidney McEnroe, M.D., David L. Fitzgerald, Jr., M.D., and Carol Chapman,
M.D. in an amount to be determined at trial, plus costs, and for any further
relief that this Honorable Court deems necessary and appropriate.

COUNT IV: Negligence/Medical Malpractice/Respondent

Superior/Agency
(As to Defendants JOHNS HOPKINS HOSPITAL and JOHNS HOPKINS
COMMUNITY PHYSICIANS, INC.)

23. The Plaintiff re-alleges and incorporates by reference herein all of

the allegations contained in paragraphs 1-22 above.
24. That during all of the times alleged herein that the Plaintiff was
receiving medical care and treatment from Defendants Sidney McEnroe,
M.D., David L. Fitzgerald, Jr., M.D., Carol Chapman, M.D., and Mary
Carty, P.A.-C., these defendants were employed by Johns Hopkins
Hospital and Johns Hopkins Community Physicians Inc. and they were
acting within the scope of that employment.
25. That Defendants Johns Hopkins Hospital and Johns Hopkins
Community Physicians. Inc. are responsible for the breach of applicable
medical care occasioned by their employees, the defendants herein,
which resulted in a physical injury to the Plaintiff.
WHEREFORE, the Plaintiff claims monetary damages against Defendants
Johns Hopkins Hospital and Johns Hopkins Community Physicians. Inc. in an
amount to be determined at trial, plus costs, and for any further relief that this
Honorable Court deems necessary and appropriate.

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.

1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Ms. Monroe

Types of Claims Our Malpractice Lawyers Handle in Maryland

 Birth injuries
  Hospital malpractice: The reality is stark. A New England Journal of
Medicine study found that 25% of hospital patients are the victim of
medical errors. It is an incredible statistic. Most of these are harmless
errors. But 100,000 die from them each year, making hospital
negligence mistakes the sixth-leading cause of death in the United
States. These are mind-numbing statistics.
o ER or after admission
o Surgical errors
 Medication errors (such as drug overdoses, unrecognized drug
allergies or improper use or combination of drugs)
 Misdiagnosis
 Failure to diagnose the patient's condition (such as cancer and heart
conditions),
 Nursing home abuse
Additional Resources

 Sample Medical Malpractice Lawsuit #1 (example malpractice

lawsuit)
 Sample Medical Malpractice Lawsuit #2 (another example
malpractice lawsuit)
 Certificate of Merit (you need this to bring a civil malpractice action in
Maryland)
 How to Dismiss the Doctor (without jeopardizing your case)