Example Medical Malpractice Complaint

This is a compelling example of a medical malpractice lawsuit involving a misdiagnosis. The heart of this lawsuit centers on a preventable medical disaster. The plaintiff sought care from her trusted physician, Dr. Daniel Genson (not real name), with troubling gastrointestinal symptoms. Rather than performing appropriate diagnostic tests or referring her to a specialist, Dr. Genson not only missed the signs of a Clostridioides difficile (C-diff) infection—an infection known to be worsened by anti-diarrheal medications—but he went a step further and prescribed Imodium (loperamide). This drug slows the bowel and is explicitly contraindicated in C-diff patients.

The result? The plaintiff’s condition rapidly deteriorated. Her infection worsened and spread, causing irreversible internal damage. She required emergency surgery and ultimately lost her colon. The medical error occurred on January 6, 2025, and the complaint filed against Dr. Genson outlines an alarming breach of the standard of care. The following is an amended and educationally valuable legal filing that outlines the factual and legal foundation of this tragic case.

IN THE CIRCUIT COURT FOR HOWARD COUNTY

AMANDA PETERSON
8787 DAVIS DRIVE
ELLICOTT CITY, MD 21042

Plaintiff,
v.
DANIEL GENSON, M.D. D/B/A
HOWARD CARDIAC CARE
10792 GATEWAY DRIVE
ANDERSON MD 21044

CASE NO.:13-C-12-91128

COMPLAINT

Amanda Peterson, by her attorneys Miller & Zois, LLC, files this Amended Complaint against the above-named Defendants and states as follows:

THE PARTIES

1. The Plaintiff, Constance Peterson, is a 43-year-old mother of three who resides in Ellicott City, Howard County, Maryland. She has worked as a high school biology teacher at Centennial High School for the past fourteen years. Before the events described in this Complaint, she coached the girls’ junior varsity soccer team, served as faculty advisor for the school’s environmental club, and volunteered on weekends at the Howard County Conservancy. She was, by all accounts, a healthy, active, and deeply engaged member of her community.
2. Defendant Daniel Genson, M.D., is a board-certified internist licensed to practice medicine in the State of Maryland. He owns and operates Howard Cardiac Care, a primary care and cardiology practice located at 8830 Centre Park Drive, Suite 210, Columbia, Maryland 21045. Dr. Genson has practiced medicine in Howard County for approximately nineteen years.
3. Defendant Howard Cardiac Care, LLC is a Maryland limited liability company that owns and operates the medical practice where the negligent care was rendered. Dr. Genson is the sole owner and managing member of this entity.
4. This lawsuit arises under Maryland’s laws governing medical malpractice, negligence, and informed consent.
5. Venue is proper in Howard County, Maryland, where the negligent acts took place, where Plaintiff resides, and where Defendants regularly conduct business and provide medical care.

FACTUAL BACKGROUND

Constance Peterson Before January 2025

6. Constance Peterson married her husband, Andrew, in 2006. They have three children: Emma, age 16; Jackson, age 13; and Sophie, age 9. The family lives in a four-bedroom colonial on a quiet cul-de-sac in the Dunloggin neighborhood of Ellicott City. Until January 2025, Constance had never been hospitalized for any reason other than the births of her three children.
7. Constance was the kind of teacher students remembered years after graduation. She arrived at school by 6:45 each morning to prepare her lab stations. She wrote recommendation letters on weekends. She spent her own money on supplies for students who could not afford them. In 2022, she was named Howard County Public Schools Teacher of the Year for Science Education.
8. Outside of work, Constance was constantly in motion. She ran three miles every morning before her children woke up. She hiked the Patapsco Valley trails with her family on weekends. She had completed two half-marathons and was training for her first full marathon, scheduled for April 2025 in Baltimore.
9. In December 2024, Constance developed a sinus infection that would not resolve on its own. On December 18, 2024, she visited Howard Cardiac Care and was seen by Dr. Genson, who had been her primary care physician for seven years. He diagnosed her with acute bacterial sinusitis and prescribed a ten-day course of amoxicillin-clavulanate, a broad-spectrum antibiotic commonly known by the brand name Augmentin. She completed the full course of antibiotics on December 28, 2024.

The Onset of Symptoms

10. Within three days of completing the antibiotic course, Constance began experiencing gastrointestinal symptoms. On December 31, 2024, she noticed mild abdominal cramping and had two loose bowel movements. She attributed the symptoms to the holiday food she had eaten and did not think much of it.
11. By January 2, 2025, the symptoms had worsened significantly. She was now having five or six watery bowel movements per day. The cramping had intensified and was now concentrated in her lower left abdomen. She noticed a foul odor to her stool that she had never experienced before. She began taking over-the-counter Pepto-Bismol, which provided no relief.
12. On January 3, 2025, Constance woke at 2:00 a.m. with severe cramping and barely made it to the bathroom in time. She counted eight bowel movements that day. When she wiped, she noticed streaks of blood and what appeared to be mucus. She told her husband that something was wrong, but she wanted to wait one more day before calling the doctor. She had a faculty meeting scheduled and did not want to miss it.
13. By January 4, 2025, Constance could no longer deny the severity of her condition. She had ten watery bowel movements before noon. The cramping was now constant. She felt weak and lightheaded when she stood. She had lost four pounds since December 31. She called Howard Cardiac Care and requested an appointment with Dr. Genson. The receptionist told her the earliest available appointment was Monday, January 6, 2025. Constance took the appointment.
14. January 5, 2025, was the worst day yet. Constance spent most of the day in bed or in the bathroom. She stopped eating solid food because everything seemed to make the cramping worse. Her husband brought her Gatorade and water, but she could barely keep fluids down. She had a low-grade fever of 100.2°F. She told Andrew she was scared.

The January 6, 2025 Office Visit

15. On the morning of January 6, 2025, Andrew drove Constance to Howard Cardiac Care for her 9:15 a.m. appointment. She was too weak to drive herself. She had to stop twice on the fifteen-minute drive to use restrooms at a gas station and a Starbucks. By the time she arrived at the clinic, she was pale, visibly exhausted, and walking slowly with one hand on her abdomen.
16. The medical assistant who took Constance’s vital signs recorded a temperature of 100.8°F, a heart rate of 104 beats per minute, and a blood pressure of 98/62 mmHg. These vitals were abnormal and consistent with early sepsis, dehydration, and systemic infection. The medical assistant noted in the chart that the patient appeared “fatigued” and “uncomfortable.”
17. Constance waited in the examination room for approximately twenty-five minutes before Dr. Genson entered. When he arrived, he was holding a tablet computer and did not make eye contact with her for the first several seconds of the visit. He asked what brought her in today.
18. Constance explained her symptoms in detail. She told Dr. Genson that she had been experiencing severe diarrhea for six consecutive days. She told him she was having ten or more bowel movements per day, that they were watery and foul-smelling, and that she had noticed blood and mucus in her stool. She told him about the constant lower abdominal cramping. She told him she had lost nearly six pounds in less than a week. She told him she felt dizzy when she stood up, that she was having trouble sleeping, and that she had a fever. She told him she was scared that something was seriously wrong.
19. Dr. Genson’s response was dismissive. He asked whether she had been under any stress lately. Constance replied that she had just returned to work after the winter break and that the first week back was always hectic, but that she did not feel unusually stressed. Dr. Genson nodded and said, “That’s probably what this is.”
20. Dr. Genson conducted a brief physical examination lasting approximately four minutes. He listened to her abdomen with a stethoscope, palpated her lower quadrants, and looked at her throat and eyes. He did not perform a rectal examination. He did not check for rebound tenderness. He did not assess her skin turgor or mucous membranes for signs of dehydration.
21. At no point during the visit did Dr. Genson order any diagnostic tests. He did not order a complete blood count, which would have shown an elevated white blood cell count consistent with infection. He did not order a comprehensive metabolic panel, which would have revealed electrolyte imbalances from dehydration. He did not order a C-reactive protein test or an erythrocyte sedimentation rate, which would have indicated systemic inflammation. He did not order a stool sample for Clostridioides difficile toxin testing, which is the standard of care for any patient presenting with severe diarrhea following recent antibiotic use.
22. Dr. Genson had full access to Constance’s electronic medical record, which clearly documented that she had completed a ten-day course of amoxicillin-clavulanate just nine days earlier. This information was prominently displayed in her medication history. Any competent physician would have recognized that a patient presenting with severe diarrhea, fever, abdominal pain, and bloody stool within two weeks of completing a course of broad-spectrum antibiotics is at significant risk for Clostridioides difficile infection and must be tested immediately.
23. Instead of ordering appropriate tests or referring Constance to a gastroenterologist, Dr. Genson diagnosed her with irritable bowel syndrome secondary to stress. He told her that her symptoms were “very common” in women her age, particularly around the start of a new semester. He said her body was “probably just adjusting” and that she needed to “give it time.”
24. Dr. Genson then prescribed Imodium (loperamide) and told Constance to take two tablets initially, followed by one tablet after each loose stool, up to a maximum of eight tablets per day. He told her the medication would “slow things down” and help her feel better within a day or two. He recommended rest and clear fluids. He did not schedule a follow-up appointment. He told her to “call if things don’t improve” and left the room.
25. The entire visit, from the time Dr. Genson entered the examination room to the time he left, lasted approximately eleven minutes.

The Danger of Prescribing Imodium

26. What Dr. Genson did not tell Constance—and what she had no way of knowing—was that Imodium is contraindicated in patients with infectious diarrhea, including diarrhea caused by Clostridioides difficile. This contraindication is clearly stated in the medication’s prescribing information, in medical textbooks, and in clinical guidelines published by the Infectious Diseases Society of America and the American College of Gastroenterology.
27. The reason for this contraindication is straightforward. Diarrhea caused by bacterial infection is the body’s natural defense mechanism. The increased bowel motility helps flush pathogens and their toxins out of the gastrointestinal tract. When a patient takes Imodium, which works by slowing intestinal movement, the bacteria and toxins remain in the colon longer. This gives the infection time to spread, multiply, and cause severe damage to the intestinal wall.
28. In the case of C. difficile infection specifically, the consequences of taking anti-motility agents can be catastrophic. The C. difficile bacteria produce toxins that destroy the mucosal lining of the colon. When those toxins are allowed to remain in contact with the colon wall for an extended period, the damage accelerates. The colon becomes inflamed, ulcerated, and eventually loses its ability to contract normally. This can lead to toxic megacolon, a life-threatening emergency in which the colon becomes massively dilated, the intestinal wall becomes necrotic, and perforation becomes imminent.
29. Dr. Genson knew or should have known these risks. He prescribed Imodium anyway, without any diagnostic testing and without any warning to his patient.

Rapid Deterioration

30. Constance filled the Imodium prescription at the CVS pharmacy on Route 40 on her way home from the doctor’s office. She took two tablets as directed at approximately 11:30 a.m. on January 6, 2025.
31. By that evening, Constance noticed that her diarrhea had slowed, just as Dr. Genson had predicted. She had only three bowel movements between noon and bedtime. She told Andrew that maybe the doctor was right and that the medication was working. She went to bed at 9:00 p.m., exhausted.
32. Constance woke at 3:00 a.m. on January 7, 2025, with the worst abdominal pain she had ever experienced. It was no longer cramping. It was a constant, searing pain that radiated across her entire abdomen. She tried to get out of bed and nearly collapsed. Andrew found her on the floor of the bathroom, sweating and moaning. Her temperature was now 102.4°F.
33. Andrew wanted to take her to the emergency room immediately. Constance refused. She said she did not want to overreact, that the doctor had told her this was just IBS, and that she would feel better in the morning. She took two more Imodium tablets and went back to bed.
34. When Andrew woke at 6:30 a.m. on January 7, he found Constance lying in bed, staring at the ceiling, barely responsive. Her skin was gray. Her lips were dry and cracked. Her abdomen was visibly distended, swollen outward like she was several months pregnant. When he touched her stomach, she screamed in pain.
35. Andrew called 911 at 6:38 a.m. Paramedics arrived at 6:47 a.m. They found Constance with a blood pressure of 78/42 mmHg, a heart rate of 128 beats per minute, a temperature of 103.1°F, and an oxygen saturation of 91% on room air. She was minimally responsive, able to follow simple commands but unable to answer questions coherently. The paramedics started two large-bore IV lines, administered a fluid bolus, and transported her emergently to Howard County General Hospital.

Emergency Surgery

36. Constance arrived at the Howard County General Hospital Emergency Department at 7:12 a.m. on January 7, 2025. She was immediately triaged as a Level 1 trauma patient and taken to the resuscitation bay. The emergency physician on duty, Dr. Rachel Morrison, recognized immediately that Constance was in septic shock.
37. Initial laboratory results confirmed the severity of her condition. Her white blood cell count was 24,600 cells per microliter, more than twice the normal upper limit. Her lactate level was 6.2 mmol/L, indicating severe tissue hypoperfusion. Her creatinine was elevated at 2.1 mg/dL, suggesting acute kidney injury. Her stool tested positive for Clostridioides difficile toxin B.
38. An emergent CT scan of the abdomen and pelvis revealed findings consistent with toxic megacolon. The transverse colon was dilated to 9.4 centimeters, well beyond the 6-centimeter threshold that defines toxic megacolon. The colonic wall was thickened and edematous. There was significant pericolonic fat stranding and free fluid in the pelvis. The radiologist’s impression was “severe C. difficile colitis with toxic megacolon. Surgical consultation recommended urgently.”
39. Dr. Samuel Okonkwo, a board-certified colorectal surgeon, was consulted and arrived at Constance’s bedside at 8:45 a.m. After reviewing the imaging and examining the patient, he informed Andrew that his wife required emergency surgery. He explained that her colon was severely damaged and dilated, that it was at imminent risk of perforation, and that the only way to save her life was to remove it.
40. Andrew asked if there was any other option. Dr. Okonkwo said no. He explained that in cases of toxic megacolon, every hour of delay increases the risk of perforation, and that if the colon perforated, Constance would almost certainly die. Andrew signed the surgical consent forms at 9:02 a.m.
41. Constance was taken to the operating room at 9:35 a.m. Dr. Okonkwo performed an emergency subtotal colectomy with end ileostomy. The surgery lasted four hours and eighteen minutes. When Dr. Okonkwo opened Constance’s abdomen, he found approximately 400 milliliters of purulent fluid in the peritoneal cavity, indicating that microperforation had already begun. The colon was massively dilated, friable, and covered with pseudomembranes consistent with severe C. difficile infection. The sigmoid colon showed areas of frank necrosis. Dr. Okonkwo removed the entire colon except for a small rectal stump and created an ileostomy.
42. The operative report noted: “The severity and extent of disease is consistent with delayed diagnosis and treatment of C. difficile colitis. The presence of anti-motility agents in the patient’s system likely contributed to the rapid progression to toxic megacolon.”

Hospitalization and Complications

43. Following surgery, Constance was transferred to the surgical intensive care unit, where she remained for four days. She was intubated and mechanically ventilated for the first 36 hours. She required vasopressor medications to maintain her blood pressure. She developed acute respiratory distress syndrome and required high levels of oxygen support.
44. On January 9, 2025, Constance’s condition was complicated by a central line-associated bloodstream infection caused by Staphylococcus epidermidis. She required an additional seven days of IV antibiotics to treat this secondary infection.
45. On January 11, 2025, Constance was extubated and transferred out of the ICU to a regular surgical floor. She was weak, confused, and emotionally devastated. When the ostomy nurse came to teach her how to care for her new ileostomy bag, Constance broke down sobbing and could not complete the training session.
46. Constance remained hospitalized until January 23, 2025, a total of sixteen days. During that time, she underwent daily wound care, physical therapy, occupational therapy, and multiple consultations with infectious disease specialists, nutritionists, and psychiatrists. She lost an additional eleven pounds during her hospitalization, bringing her total weight loss to seventeen pounds since the onset of her symptoms.
47. Upon discharge, Constance was prescribed a complex regimen of medications including oral vancomycin to prevent C. difficile recurrence, proton pump inhibitors, antidiarrheals specifically formulated for patients with ileostomies, vitamin B12 injections, and antidepressants. She was discharged to home with home health nursing services for wound care and ostomy management.

Constance Peterson’s Life After January 2025

48. Constance Peterson’s life has been permanently and catastrophically altered by the events of January 2025. She now lives with a permanent ileostomy. She must wear an external bag attached to her abdomen at all times to collect waste from her small intestine. She must empty this bag six to eight times per day. She must change the entire appliance every three to four days, a process that takes approximately thirty minutes and requires careful attention to prevent skin breakdown and leakage.
49. The physical limitations imposed by the ileostomy are profound. Constance can no longer run. She can no longer participate in high-impact activities. She must be constantly aware of the location of restrooms. She has experienced multiple episodes of appliance failure in public, including one incident at a grocery store that left her humiliated and in tears. She no longer feels comfortable wearing fitted clothing. She no longer feels comfortable being intimate with her husband.
50. Constance experiences chronic abdominal pain and cramping that was not present before her surgery. She has developed short bowel syndrome, a condition in which the remaining small intestine cannot adequately absorb nutrients from food. She requires vitamin B12 injections every month. She must follow a restricted diet and cannot eat many of the foods she once enjoyed. She has experienced significant muscle wasting and fatigue despite adequate caloric intake.
51. The psychological impact has been equally devastating. Constance has been diagnosed with major depressive disorder and post-traumatic stress disorder related to her medical trauma. She experiences nightmares about her hospitalization. She has panic attacks when she must visit any medical facility. She has withdrawn from friends and family. She no longer attends her children’s school events because she fears an appliance malfunction in public.
52. Constance has not returned to work since January 2025. She has been on extended medical leave from Howard County Public Schools. Her short-term disability benefits have been exhausted. She does not know if she will ever be able to return to the classroom. The career she loved, the career she had devoted fourteen years to building, has been taken from her.
53. Constance’s relationships with her children have suffered. Her oldest daughter, Emma, has become anxious and withdrawn since her mother’s hospitalization. Her son Jackson has begun acting out at school. Her youngest daughter, Sophie, still does not fully understand why her mother cannot play with her the way she used to. Constance spends most of her days in bed or on the couch. She watches her children grow up from a distance.
54. Andrew Peterson has taken on the role of primary caregiver for both his wife and his children. He has reduced his work hours from full-time to part-time, resulting in significant lost income for the family. He helps Constance with her ostomy care when she is too fatigued or depressed to do it herself. He has watched his wife, once vibrant and active, become a shadow of the person he married.

Causation and Preventability

55. Every one of these devastating outcomes was preventable. The standard of care for any physician evaluating a patient with severe diarrhea, fever, and abdominal pain following recent antibiotic use requires, at minimum, testing for Clostridioides difficile infection. This is not a matter of debate within the medical community. It is black-letter medicine, taught in every medical school in the country and documented in every major clinical guideline.
56. Had Dr. Genson ordered a simple stool test on January 6, 2025, the C. difficile infection would have been diagnosed that same day. Treatment with oral vancomycin, the first-line antibiotic for C. difficile, would have begun immediately. Studies show that patients with C. difficile infection who receive prompt treatment with appropriate antibiotics have cure rates exceeding 90%. The vast majority of these patients never develop toxic megacolon. The vast majority of these patients keep their colons.
57. Even if Dr. Genson had chosen not to order diagnostic testing, he should never have prescribed Imodium to a patient with Constance’s clinical presentation. The contraindication of anti-motility agents in infectious diarrhea has been known for decades. It is documented in the Imodium package insert. It is emphasized in clinical guidelines. It is basic pharmacology that every physician learns in medical school. Dr. Genson’s decision to prescribe this medication was not just negligent; it was dangerous.
58. The combination of missed diagnosis and contraindicated treatment created a perfect storm. The undiagnosed C. difficile infection was allowed to progress. The Imodium prevented Constance’s body from clearing the bacteria and toxins naturally. The infection spread, the toxins accumulated, and within 24 hours of taking the medication, Constance’s colon had become so damaged that it had to be surgically removed.
59. Dr. Genson’s failures on January 6, 2025, were the direct and proximate cause of Constance Peterson’s injuries. Had he met the standard of care, Constance would have been diagnosed and treated promptly. She would have recovered fully within weeks. She would still have her colon. She would still be teaching. She would still be coaching soccer. She would still be running half-marathons. She would still be living her life.

COUNT I: Medical Malpractice — Negligence

60. Plaintiff incorporates paragraphs 1 through 59 by reference as though fully set forth herein.
61. At all relevant times, Dr. Genson owed Constance Peterson a duty to provide medical care consistent with the standard of care applicable to board-certified internists practicing in Maryland.
62. Dr. Genson breached this duty of care on January 6, 2025, by:
    1. Failing to obtain an adequate medical history, including specific inquiry into the timing and nature of recent antibiotic use;
    2. Failing to recognize that severe diarrhea following antibiotic therapy is a classic presentation of Clostridioides difficile infection;
    3. Failing to order appropriate diagnostic testing, including stool testing for C. difficile toxin;
    4. Failing to order basic laboratory work, including complete blood count and metabolic panel;
    5. Failing to recognize clinical signs of dehydration and early sepsis;
    6. Misdiagnosing Constance with irritable bowel syndrome when her presentation was inconsistent with that diagnosis;
    7. Prescribing Imodium, an anti-motility agent that is contraindicated in infectious diarrhea;
    8. Failing to warn Constance about the risks of taking Imodium if her diarrhea was caused by bacterial infection;
    9. Failing to schedule appropriate follow-up; and
    10. Failing to refer Constance to a gastroenterologist or infectious disease specialist.
63. As a direct and proximate result of these breaches, Constance Peterson suffered severe and permanent injuries, including but not limited to toxic megacolon, emergency colectomy, permanent ileostomy, short bowel syndrome, secondary bloodstream infection, prolonged hospitalization, chronic pain, depression, post-traumatic stress disorder, loss of income, and loss of quality of life.

WHEREFORE: Plaintiff Constance Peterson demands judgment against Defendant Daniel Genson, M.D., in an amount exceeding $75,000, plus pre-judgment and post-judgment interest, costs of suit, and all other relief this Court deems just and proper.

COUNT II: Respondeat Superior and Agency Liability

64. Plaintiff incorporates paragraphs 1 through 63 by reference as though fully set forth herein.
65. At all relevant times, Dr. Genson was the owner, operator, and managing member of Howard Cardiac Care, LLC.
66. At all relevant times, Dr. Genson was acting within the course and scope of his employment, ownership, and/or agency relationship with Howard Cardiac Care, LLC when he provided negligent medical care to Constance Peterson.
67. Howard Cardiac Care, LLC is vicariously liable for the negligent acts and omissions of Dr. Genson under the doctrine of respondeat superior.

WHEREFORE: Plaintiff Constance Peterson demands judgment against Defendant Howard Cardiac Care, LLC, in an amount exceeding $75,000, plus pre-judgment and post-judgment interest, costs of suit, and all other relief this Court deems just and proper.

COUNT III: Lack of Informed Consent

68. Plaintiff incorporates paragraphs 1 through 67 by reference as though fully set forth herein.
69. Under Maryland law, a physician has a duty to disclose to a patient all material risks associated with a proposed treatment or medication, such that a reasonable patient in the plaintiff’s position would have considered the information significant in deciding whether to accept or decline the treatment.
70. On January 6, 2025, Dr. Genson prescribed Imodium to Constance Peterson without disclosing the material risks associated with taking this medication in the presence of a potential bacterial infection.
71. Specifically, Dr. Genson failed to disclose:
    1. That Imodium is contraindicated in patients with infectious diarrhea;
    2. That taking Imodium when diarrhea is caused by bacterial infection can prevent the body from clearing the pathogen and its toxins;
    3. That C. difficile infection was a likely diagnosis given her recent antibiotic use and clinical presentation;
    4. That taking Imodium in the presence of C. difficile infection can cause the infection to worsen rapidly;
    5. That taking Imodium in the presence of C. difficile infection can lead to toxic megacolon, a life-threatening condition;
    6. That toxic megacolon can result in emergency surgery, permanent colostomy, sepsis, organ failure, and death.
72. These risks were material. A reasonable patient in Constance’s position, if informed that taking Imodium could cause a potential bacterial infection to progress to a life-threatening condition requiring surgical removal of the colon, would not have taken the medication. She would have insisted on diagnostic testing. She would have sought a second opinion. She would have gone to the emergency room.
73. Because Dr. Genson failed to provide this information, Constance was unable to make an informed decision about her care. She took the Imodium as directed, believing it was safe and appropriate, and suffered catastrophic harm as a result.
74. Dr. Genson’s failure to obtain informed consent was a direct and proximate cause of Constance Peterson’s injuries.

WHEREFORE: Plaintiff Constance Peterson demands judgment against Defendants in an amount exceeding $75,000, plus pre-judgment and post-judgment interest, costs of suit, and all other relief this Court deems just and proper.

DAMAGES

75. As a direct and proximate result of Defendants’ negligence and failure to obtain informed consent, Plaintiff Constance Peterson has suffered and will continue to suffer the following damages:
    1. Past medical expenses in excess of $487,000, including emergency surgery, sixteen days of hospitalization, intensive care, infectious disease treatment, home health services, ostomy supplies, physical therapy, and psychiatric care;
    2. Future medical expenses estimated to exceed $1,200,000 over her expected lifespan, including ongoing ostomy supplies and appliances, nutritional supplementation, vitamin injections, gastroenterological care, psychiatric care, and potential future surgeries;
    3. Past lost wages in excess of $78,000;
    4. Future lost earning capacity estimated to exceed $950,000;
    5. Permanent disfigurement and scarring;
    6. Permanent disability;
    7. Past and future physical pain and suffering;
    8. Past and future mental anguish, emotional distress, and psychological harm;
    9. Loss of enjoyment of life;
    10. Loss of consortium (on behalf of Plaintiff’s spouse, Andrew Peterson).

REQUEST FOR JURY TRIAL

Plaintiff Constance Peterson respectfully demands a trial by jury on all issues so triable.

MILLER & ZOIS, LLC

_____________________________
Ronald V. Miller, Jr.
Justin P. Zuber
1 South Street, Suite 2450
Baltimore, Maryland 21202
Telephone: (410) 779-4600
Facsimile: (844) 712-5151
Attorneys for Plaintiff

!– Case Timeline –>

Why This Complaint Works

Most medical malpractice complaints are dry recitations of legal elements. They identify the parties, allege that the defendant breached the standard of care, list the injuries, and demand damages. They are legally sufficient but strategically weak. They do nothing to put pressure on the defense or set up the case for settlement or trial.

This sample complaint takes a different approach. It tells a story. And that story does real work that hopefully resonates with an adjuster in terms of the seriousness of the case, the strength of the liability, and our firm’s dillgence in attacking this claim.

Lead with the Human Being, Not the Legal Elements

By the time the reader reaches Count I of the sample complaint, they already know who Constance Peterson is. They know she was a teacher who arrived early to set up lab stations. They know she coached soccer and volunteered on weekends. They know she was training for her first marathon. The complaint makes it impossible to reduce her to a file number. Defense counsel, insurance adjusters, and mediators will read this. So will the judge if the case goes to trial. First impressions matter, and the first impression here is a vibrant, active woman whose life was destroyed by an eleven-minute office visit.

Use the Defendant’s Own Records as Weapons

The complaint does not simply allege that Dr. Genson failed to order testing. It explains that the electronic medical record prominently displayed the recent antibiotic prescription, that the vital signs documented by his own staff showed fever and tachycardia, and that his own chart note reflected an eleven-minute visit. These are not plaintiff’s allegations. They are facts that will come from the defendant’s own documents during discovery. By weaving them into the complaint, it signals to the defense that the plaintiff has already identified the weak points.

Establish the Standard of Care Through Facts, Not Conclusions

A weak complaint says “Defendant breached the standard of care by failing to order appropriate testing.” This complaint explains why testing was required: recent antibiotic use, severe diarrhea, fever, bloody stool, and published guidelines from the Infectious Diseases Society of America. It anticipates the defense expert’s testimony and preemptively boxes it in. Any expert who claims that testing was not required will have to explain away this clinical picture.

Turn the Prescription into a Second Act of Negligence

Many attorneys would focus exclusively on the failure to diagnose. This complaint recognizes that the Imodium prescription is independently actionable. It explains the contraindication, cites the mechanism of harm, and quotes the operative report linking the anti-motility agent to the rapid progression. This creates two paths to liability: the missed diagnosis and the dangerous prescription. The defense cannot escape by arguing that C. difficile is sometimes difficult to diagnose, because even if that were true, prescribing Imodium was indefensible.

Plead Informed Consent as an Alternative Theory

In Maryland, informed consent is a separate cause of action with different elements than negligence. By pleading it separately, the complaint preserves the option to argue to the jury that even if they are uncertain about the standard of care, Dr. Genson still failed to warn his patient about a known and material risk. This gives the plaintiff two shots at liability.

Make the Timeline Impossible to Ignore

The compression of events is one of the most powerful facts in this case. Nine days from antibiotics to symptoms. Six days from symptoms to the negligent visit. Less than 24 hours from the negligent visit to emergency surgery. The complaint marks each date explicitly, forcing the reader to confront how fast this patient deteriorated and how narrow the window for intervention was.

Detail the Damages with Specificity

Vague allegations of “pain and suffering” do not move cases toward settlement. This complaint describes the ileostomy bag that must be emptied six to eight times per day, the appliance failure at the grocery store, the inability to be intimate with her husband, the children who do not understand why their mother cannot play with them. These details make the damages real. They also signal to the defense that the plaintiff is prepared to put this evidence in front of a jury.

Write to Be Read

Complaints are public documents. Judges read them. Mediators read them. Defense counsel reads them to their clients. Insurance adjusters read them when setting reserves. A complaint that reads like a brief, rather than a form, communicates that the plaintiff’s attorney is serious, prepared, and willing to try the case. That changes the dynamics of every negotiation that follows.