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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Re: Maryland, medical malpractice I have drafted a waiver of

Customer Question

Re: Maryland, medical malpractice
I have drafted a waiver of arbitration in the HCADRO (after having obtained a CQE) and am preparing to file the claim in Circuit Court. I would like to ask a couple/few questions pertaining to that filing...Initially: Can I add elements to the claim when I file it in Circuit Court that challenge the quality of the 'standards of care' that the hospital defendant had in place, claiming that they were discriminatory to the "frail and elderly" and, as such, were in violation of Maryland's age discrimination law?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can add in all of the elements and facts to your claim in court that you want. Of course, the "Frail" are not a protected group so it would not violate the age discrimination laws. Furthermore, if you have a malpractice claim, you need to focus on the conduct that constitutes malpractice and throwing in all of those other types of claims actually dilutes and does not strengthen the claim of malpractice which is based on negligence of the doctor or facility in providing care that was below the reasonable standard of care.
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