I am not an attorney and good for me for that. I have had some college law and numerous seminars on the general subject.

First, anybody can sue anybody. Whether they win or not depends legally on whether the medical standards of Maryland were followed. But other factors come into play.

...

I am not an attorney and good for me for that. I have had some college law and numerous seminars on the general subject.

First, anybody can sue anybody. Whether they win or not depends legally on whether the medical standards of Maryland were followed. But other factors come into play.

Since the hospital is in Maryland, that should be the place for the suit. The hospital can probably win a change of venue unless the plaintiff can show a hardship in getting there.

I think the proper standard of care was probably shown for the transfer to Maryland. But the reasons for the transfer should be checked out by the lawyer to be sure.

I would think the proper place for the suit is Maryland state court because the federal issues are not clear from your question. I do know that there are some very good reasons for filing in federal court instead. My understanding is that once there it stays there until a ruling says otherwise. It would be easy to add the DE people to the suit in federal court. But I think they are not needed.

The proper court seems to be a tough issue. I have seen lots of mistakes on this even by experienced lawyers and it is always tough to start over.

there are lawyers who will gladly answer all your questions, for free. but I would find a l;awyer that would take this case on consignment. This sounds like a very open and shut case, but DO NOT waste any time. My answer is SEE A LAWYER IMMEDIATELY. or ANOTHER LAWYER. two lawyers are better than one.

I am not a lawyer, a professional immigration consultant, or a government official. Nothing in this document should be considered legal or professional advice in any jurisdiction. This is just for informational only.

Honesty, you should be seeking authentic legal advise from a Medical Malpractice Lawyer. If you haven't done so. By going to this person, all of your options would be explored what are best for you or others as an client. Th...

I am not a lawyer, a professional immigration consultant, or a government official. Nothing in this document should be considered legal or professional advice in any jurisdiction. This is just for informational only.

Honesty, you should be seeking authentic legal advise from a Medical Malpractice Lawyer. If you haven't done so. By going to this person, all of your options would be explored what are best for you or others as an client. That's why we have lawyers in United States. Anyone of us can suggest/recommend where your case should be filed. In every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney. Is it Maryland or Delaware? We really don't know here on this site. With all that being said, here are some points of the "Summary Medical Malpractice Law" for the state of Maryland.
.
Statutes of Limitations

Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995). Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985).

A wrongful death action brought by the decedent's dependents must be filed within three years after death. Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995). This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent's estate. Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988).

Contributory or Comparative Negligence

Maryland is one of the few remaining states that recognizes the traditional common law doctrine of contributory negligence. Harrison v. Montgomery County Bd. of Ed., 295 Md. 442, 456 A.2d 894 (1983). Thus, any negligence by a claimant will bar his recovery completely.

Joint and Several Liability

Joint tortfeasors are jointly and severally liable; each must assume and bear the responsibility for the misconduct of all. Carroll v. Kerrigen, 173 Md. 627, 197 A. 127 (1938); Cooper v. Bikle, 334 Md. 608, 640 A.2d 1120 (1994).

Vicarious Liability

In Maryland, a hospital may, under appropriate circumstances, be held responsible for the negligent acts of its independently- contracted physicians, based on principles of apparent agency. Mehlman v. Powell, 281 Md. 269, 378 A.2d 1121 (1977) (holding that an apparent agency relationship existed because the hospital did nothing to indicate an emergency physician's true status as an independent contractor).

Expert Testimony

Within 90 days of filing a medical malpractice claim with the Health Claims Arbitration Office, a claimant must file a certificate from a qualified expert attesting to departure from standard of care and that the departure was the proximate cause of the alleged injury. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04 (Supp. 1997). The section contains qualifications the expert must meet. Id. See Arbitration for a discussion of the necessity of initiating arbitration before filing a lawsuit.

Pre-Judgment Interest

Maryland law does not recognize pre-judgment interest on tort claims for personal injury. Lawhorne v. Employers Ins. Co. of Wausau, 343 Md. 111, 680 A.2d 518 (1996).

Arbitration

Until recently, all claims for medical malpractice had to be reviewed by an arbitration panel under the aegis of the Health Claims Arbitration Office. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-02 (1995). The law formerly allowed a waiver of arbitration if agreed by all parties, Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06A (Supp. 1997), but for claims filed after October 1, 1995, unilateral waiver is permitted. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06B (Supp. 1997).

If the arbitration panel determines that a health care provider is liable to the claimant or claimants, it then itemizes and apportions damages. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-05 (1995). Although any party may reject the panel's findings, those findings are admissible and presumed correct in any subsequent court proceedings, unless vacated by the court. Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06 (1995). If a subsequent verdict is not more favorable to the rejecting party, the rejecting party is liable to the other for costs. Id.
To read more click on this link
http://www.mcandl.com/maryland...

Proof of malpractice virtually always requires expert testimony.

Under Maryland Malpractice Law, you have a malpractice case -- literally -- when an expert says that you have a case.

When you file your case, Maryland Malpractice Law requires you to include a Certificate of Merit which is a statement by an expert in the same specialty as the case involves stating that the defendant deviated from the standard of care. Without that Certificate, your case will be dismissed.

So, proof of malpractice involves the use of an expert, and usually several experts.

Here, again, a Maryland malpractice lawyer will identify and work with the necessary experts to prove your case.

http://www.maryland-injury-law...


[Here's another]
Maryland Medical Malpractice Law - An Overview
http://www.expertlaw.com/libra...

Just in case you need to read Delaware's Summary Medical Malpractice" just click on this link

http://www.mcandl.com/delaware...

Helping People in Wrongful Death Claims in Delaware
http://www.schusterlawde.com/C...Joint and several liability is a hybrid of both; with respect to the claimant, the parties are jointly liable, but as between obligors themselves, the liabilities are several. This means that if the claimant pursues one party, and receives payment in full, that party can then pursue the other obligors for a contribution to their share of the liability.

Joint and several liability is most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law. In the United States, 46 of the 50 states have a rule of joint and several liability, although in response to "tort reform" efforts, some have limited the applicability of the rule.

http://en.wikipedia.org/wiki/J...

Your Last Concern:
The question is: Can the plaintiff sue these persons that are in DE? If so, in what court? Should be sue them in a state court in DE, or should he add them to the federal suit he filed in MD, even though they reside in the same state as he does? How should he proceed without destroying the MD U.S. court's jurisdiction, and without excluding needed defendants? Are the DE people needed?

ANS> Only an attorney can answer this question since there are so many factors in this role.

You must remember ALL of " I's " my be dotted and ALL of " T's" must be crossed. If not base on some of the readings, your claim can get thrown out of court. That why I stressed that you seek an attorney.

Good Luck

I am not yet a lawyer, but I had been investigating similar cases in the Philippines when I was still in the active police service. May we answer your questions one by one:

1. Can the plaintiff sue these persons that are in DE?

Firstly, the legal personality to sue on the part of the plaintiff must b...

I am not yet a lawyer, but I had been investigating similar cases in the Philippines when I was still in the active police service. May we answer your questions one by one:

1. Can the plaintiff sue these persons that are in DE?

Firstly, the legal personality to sue on the part of the plaintiff must be established. Is he related to the alleged victim? How is he related? Is there no other closest relative of the victim to initiate the legal action? These are some pointers necessary to determine the legal right of the plaintiff to sue.
Secondly, The persons in DE can be sued, if there are evidence to show that there is probable cause against the hospital staff for "Medical Malpractice" (Administrative Liability), if the doctor and staff of the hospital in DE indeed ordered the patient's transfer to the hospital in MD against the patient's will or against her nearest kin's will.

2. If so, what court? If "Medical Malpractice" is criminal in nature in Delaware, the case should be filed with the Prosecutor's Office in DE, the investigating fiscal will be the one to file the Information with the court of jurisdiction (District Court, etc.) in DE. But, if the offense is administrative in nature, then the case should be brought to the Department of Health or Profession Regulations Commission in DE for appropriate administrative action, regardless as to whether or not it is a government hospital.

3. Should he add them to the federal suit he filed in MD, even though they reside in the same state as he does?

It is clearly understood from the given facts of the case that the actionable wrong done by the hospital staff in DE was the transferring of the patient to the hospital in MD without the patient's consent. On the other hand, it appears that the immediate cause of the patient's death was the conduct of heart surgery, without first determining whether or not it was safe to conduct such surgery on such patient's status suffering from heart illness. So, the people in the DE hospital that merely decided for the transfer of said patient to another hospital in MD cannot be implicated in a criminal case of "Reckless Imprudence Resulting to Homicide" (If there is such a crime in MD). But they may be jointly sued for a separate and distinct civil action for "Damages," with the U.S. District Court in MD.

4. How should he proceed without destroying the MD U.S. court's jurisdiction, and without excluding needed defendants? Are the DE people needed?

These questions are absurd. Remember that court's jurisdiction over a case cannot be destroyed. It could only be determined. Court's jurisdiction refers to the court's authority to try and decide a case. It can be exclusive, original or concurrent. Clarify your questions.

The friend of the friend who died should sue. The hospital didnt mean to cause the person to die but the surgery did the exact opposite. They should sue for the medical costs of the surgery and transportation costs to and from the court; even if its just $30 for gas, it counts. Sorry for the loss of whoever died.