Articles Posted in Medical Malpractice

Every surgical procedure carries risks, but patients also have the right to expect that their healthcare providers will exercise the degree of skill and care required by the medical profession. When a preventable surgical error causes a serious injury, the physical, emotional, and financial consequences can last for years. A recently reported Maryland jury verdict illustrates how allegations of negligent surgical care during childbirth can result in substantial compensation when a plaintiff proves that a healthcare provider failed to meet the applicable standard of care. If you or a loved one suffered harm because of a medical mistake, speaking with an experienced Baltimore medical malpractice attorney can help you understand your rights and determine whether you may have a viable claim.

Jury Awards Damages Following Alleged C-Section Negligence

Reportedly, a Montgomery County jury awarded approximately $825,646 to a woman who suffered a permanent bladder injury during a cesarean section performed at a Maryland hospital. According to the report, the plaintiff underwent a nonemergency C-section after labor failed to progress. Because she had previously undergone a cesarean delivery, scar tissue had formed between her bladder and uterus, creating additional surgical challenges. During the procedure, the physician allegedly made a significant incision into the patient’s bladder while separating the organs. The plaintiff contended that the physician negligently attempted to repair the injury before requesting assistance from a urologist, resulting in ongoing complications.

It is reported that although the patient’s child was delivered safely, the bladder injury did not heal properly, leading to the development of a vesicouterine fistula. Even after subsequent surgery corrected the abnormal connection between the bladder and uterus, the plaintiff reportedly continued to experience urinary dysfunction, bladder spasms, and incontinence requiring her to wear protective pads. The evidence further indicated that she had been advised not to become pregnant again because of the risk of additional complications. After a six-day trial, the jury found the physician liable and awarded $750,000 in noneconomic damages for pain and suffering, along with $75,646 for future medical expenses. According to the report, the noneconomic damages award fell below Maryland’s statutory cap applicable at the time of the verdict.  Continue Reading ›

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Medical malpractice cases frequently focus on whether a healthcare provider complied with the applicable standard of care. In some situations, however, disputes arise over what patients were told about the providers responsible for their treatment and whether those representations affected a patient’s legal rights. A recent Maryland decision addressed whether claims for fraudulent misrepresentation and conspiracy arising from a hospital’s alleged statements regarding a surgeon’s relationship with the hospital were barred by Maryland’s medical malpractice statute of limitations. If you suffered harm due to negligent medical care or misleading conduct by a healthcare institution, you should speak with a Baltimore medical malpractice attorney to discuss your legal options.

Facts and Procedural History

Allegedly, the plaintiff presented to a hospital emergency department in October 2015 with symptoms that led physicians to diagnose gallbladder disease. An on-call surgeon evaluated the plaintiff, confirmed the diagnosis, and recommended emergency surgery. The surgeon subsequently performed a procedure to remove the plaintiff’s gallbladder.

Reportedly, the plaintiff later underwent additional surgery at another hospital after complications developed following the initial procedure. During the course of treatment, the plaintiff learned facts that formed the basis of a medical malpractice claim against both the surgeon and the hospital. Continue Reading ›

Medical malpractice cases involving delayed cancer diagnoses often present difficult questions regarding causation, timing, and the impact of missed opportunities for treatment. When healthcare providers fail to order appropriate testing or recognize warning signs of a serious condition, patients may lose valuable time during which a disease remains more treatable. A recent Maryland decision addressed whether a patient could proceed with claims arising from an alleged delay in diagnosing parotid gland cancer. If you believe a healthcare provider failed to diagnose a serious illness in a timely manner, you should speak with a Baltimore medical malpractice attorney about your potential claims.

Factual and Procedural Setting

Allegedly, the plaintiff sought medical care after experiencing swelling, tenderness, and pain in the area near the right ear. The plaintiff had a history of thyroid cancer and underwent diagnostic evaluation, including imaging studies. Although certain abnormalities were identified, the plaintiff contended that healthcare providers failed to pursue an adequate oncological workup to determine whether cancer was present.<

Reportedly, one defendant physician evaluated the plaintiff in 2019 and attributed the symptoms to other conditions rather than parotid gland cancer. According to the plaintiff, the physician did not order additional diagnostic testing, such as a PET scan, MRI, or ultrasound, nor did the physician discuss the potential need for such studies. The plaintiff maintained that the applicable standard of care required further investigation. Continue Reading ›

Medical malpractice claims arising during extraordinary public health emergencies can present unique legal questions. Courts must often determine whether healthcare providers remain subject to traditional negligence principles when they are operating under emergency protocols designed to address widespread crises. A recent Maryland decision considered whether a hospital could invoke statutory immunity for care provided during the height of the COVID-19 pandemic, even though the patient ultimately did not have the virus. If you believe negligent medical treatment caused serious harm, it is important to speak with a Baltimore medical malpractice attorney about your potential claims.

Case Setting

Allegedly, the plaintiff was admitted to a hospital in April 2020 after experiencing acute respiratory failure, breathing difficulties, and other symptoms consistent with COVID-19. Because the admission occurred during Maryland’s declared catastrophic health emergency, the hospital implemented extensive isolation precautions and treated the plaintiff as a potential COVID-19 patient while diagnostic testing was performed.

Medical malpractice cases often involve more than disputes over whether healthcare providers met the applicable standard of care. Parties frequently litigate procedural and evidentiary issues that can significantly affect the scope of a trial. A recent Maryland decision addressed whether healthcare providers could continue to maintain affirmative defenses after acknowledging that they would not pursue them before a jury. If you believe you were harmed by negligent medical treatment, it is wise to speak with a Baltimore medical malpractice attorney to understand your legal options.

Factual and Procedural History

Allegedly, the plaintiff filed a medical malpractice lawsuit against multiple healthcare providers arising from medical treatment related to a bacterial infection. The plaintiff asserted that negligent care by various providers caused substantial injuries and damages. The case proceeded through discovery and pretrial motion practice in the United States District Court for the District of Maryland.

Reportedly, the defendants filed answers to the complaint that included affirmative defenses of contributory negligence and assumption of the risk. Under Maryland law, such defenses can bar or limit recovery if supported by sufficient evidence. As the litigation progressed, however, communications between counsel revealed that the defendants no longer intended to pursue those defenses at trial. Continue Reading ›

Medical malpractice litigation often involves multiple defendants whose interests may appear aligned during trial but diverge behind the scenes. When undisclosed agreements alter those relationships, they can undermine the fairness of the proceedings and the integrity of the jury’s evaluation. A recent Maryland decision highlights the risks posed by secret settlement arrangements between plaintiffs and co-defendants, particularly in complex medical negligence cases involving hospitals and physicians. If you were harmed by medical negligence, you should speak with a Baltimore medical malpractice attorney to understand what measures to take to protect your interests.

Facts and Procedural History

Allegedly, the plaintiff filed a medical negligence action against the defendant hospital and a co-defendant physician following a birth injury that occurred during obstetrical care. The plaintiff asserted that the hospital was directly negligent through its nursing staff and vicariously liable for the physician’s conduct. The case proceeded to a jury trial lasting nearly two weeks.

It is reported that shortly after the jury was selected but before opening statements, the plaintiff disclosed the existence of an agreement with the co-defendant physician but refused to reveal its terms. The defendant hospital argued that the agreement constituted a Mary Carter agreement, requiring disclosure to both the court and the jury. The trial court declined to compel immediate disclosure and allowed the trial to proceed. Continue Reading ›