Failure to act | Maryland Law

Call 410-941-3416 for a free medical malpractice consultation

Over $600 million in
verdicts & settlements
for our clients.





Accouting Malpractice




Gas Leak




Business Fraud





Medical malpractice claims arise in one of two ways:

  1. A medical professional’s overt act–such as performing the incorrect surgery, or 
  2. failure to act–such as neglecting to recognize and treat a disease.

Importantly, a medical professional’s error alone does not guarantee a successful medical malpractice claim. In a failure to act” claim, the court will look at the medical professional’s omission and determine whether or not a “reasonably prudent medical professional under similar circumstances” would have acted similarly. A rushed emergency room physician would be held toa different standard of care than a brain surgeon performing surgery.

In order to prevail in a medical malpractice case, it is thus crucial toestablish what standard of care the medical professional should be held to, and that they fell beneath that standard in treating the patient. This is typically established through expert witnesses in the same field as the defendant medical professional.

The Weltchek Mallahan & Weltchek law firm serves the needs of clients throughout the State of Maryland and beyond. We bring a unique combination of unrelenting dedication, proven legal strategy and focused aggression to every case.  Our Attorney’s have never hesitated to take on large hospitals, insurance companies or corporations on behalf of our clients.

Over our combined 40 years of experience in trial advocacy, our Firm has experienced enormous successes. Working as medical malpractice lawyers in Maryland, the Firm has obtained some of the largest verdicts in the State of Maryland on behalf of our clients.

List of our Attorney’s Verdicts in the state of Maryland.

Who Can You Trust with Your Case?

Have you or a loved one been injured due to negligence? We want to help. Don’t hesitate to contact us if you believe you have a case; time is an important factor. Interested in learning more? Get in touch with us so we can better evaluate and serve your needs in getting the justice your loved one deserves. You may very well be entitled to compensation.


Call For a Free Consultation


Exceptional Peer Recognition

True mavericks in the field of trial advocacy.