Baltimore Medical Malpractice Lawyer Blog

Supreme Court Eases Causation in Medical Malpractice Cases, Impacting Those Filed in Maryland and the Rest of the Nation

Published on: January 17, 2019 | by Arfaa Law Group

Anesthesiologists are vital to ensuring that surgery is safe. If you or a loved one has suffered an injury due to an anesthesiologist’s error, you could have a claim for medical malpractice against the anesthesiologist. At Arfaa Law Group, our Baltimore medical malpractice attorneys will make every effort to get you the monetary damages you rightfully deserve.

A divided Florida Supreme Court recently ruled against an anesthesiologist in a medical malpractice claim that involved a female who lost her life while undergoing surgery for a tumor in her skull. In a 4-3 decision, the court overturned an earlier verdict for the anesthesiologist who performed a pre-anesthesia evaluation of the patient. According to the complaint filed by the patient’s husband, the anesthesiologist allegedly failed to order a second electrocardiogram after the first one highlighted irregular results and failed to report these irregular lab results to the surgeon. The Supreme Court rejected the lower court’s rationale that let the anesthesiologist off the hook because he was not the “primary cause” of the patient’s death. Rather, the Supreme Court noted that a doctor can be the proximate cause of a patient’s harm even if he or she is not the primary cause of that harm. While this is a Florida case, causation is an important element of all Maryland malpractice cases as well.

Anesthesiologist Errors Leading to Malpractice

According to the American Society of Anesthesiologists, anesthesiologists are committed to the “relief of pain and total care of the surgical patient before, during and after surgery.” Part of an anesthesiologist’s job is to make sure patients undergoing surgery do not feel pain during the operation. This involves evaluating a patient before surgery to make sure the amount and type of anesthetic being administered is safe for the patient.

Misdiagnosis of Fibromyalgia is a Common Medical Error in Maryland and Throughout the US

Published on: January 10, 2019 | by Arfaa Law Group

People who suffer from chronic pain face very real day-to-day challenges that are often dismissed by medical professionals simply because the symptoms cannot be seen. If you have suffered a diagnosis error related to fibromyalgia, you need a compassionate and understanding Baltimore medical malpractice attorney on your side. At Arfaa Law Group, we understand the impact that chronic pain can have on every aspect of your life and how negligent medical professionals can make that pain worse.

Fibromyalgia

Fibromyalgia is a condition that triggers pain all over the body, sleep issues, tiredness and often emotional and mental distress. Sadly, it is one of the most commonly misdiagnosed medical conditions. According to one study by the National Institute of Health, misdiagnosis of fibromyalgia for another musculoskeletal disorder occurred in approximately 13.3 percent of the patients who were included in the study population. Another report indicates that as many as 2/3 of people are told they have fibromyalgia when they are actually suffering from another medical issue.

Individuals who have fibromyalgia are more sensitive to pain, fatigue and muscle stiffness than people who do not have the condition. In some cases, symptoms start after a physical trauma or significant event (i.e., psychological stress, surgery, infection, etc.) while, in other cases, symptoms gradually accumulate over time with no specific triggering event. Many people with this disease are unable to work and lead normal lives due to the pain. While there is no cure for fibromyalgia, there are several treatment options such as pain management and medications that can improve a patient’s quality of life.

Woman Sues Surgeon Over Reconstructive Surgery

Published on: January 3, 2019 | by Arfaa Law Group

Whenever anyone undergoes surgery, there are risks. In these nerve-wracking situations, we trust our physicians to provide competent care. If you or your loved one has been injured due to a surgeon’s error, you need to contact a reputable Baltimore surgery malpractice attorney. At Arfaa Law Group, we will meticulously examine the merits of your claim and create a personalized legal strategy accordingly. Our team is committed to fighting for the rights of each and every client, and you should note that we proudly serve clients throughout Maryland.

Recently, a woman claimed that she needed additional surgery due to the negligence of a Chicago doctor who performed reconstructive surgery on her after a mastectomy. The woman filed a lawsuit against her doctor as well as against the hospital where the procedure took place. According to the complaint, the plaintiff alleges that she was diagnosed with breast cancer and went through a mastectomy. A few months later, she went through reconstructive surgery, after which an implant rotated necessitating further surgery. While this case took place in Illinois, sadly, these types of injuries are all too common in Maryland as well.

Surgery Malpractice in Maryland

All surgeons owe their patients a certain level of care. When this level of care is not adhered to, the consequences can be devastating, long lasting and even permanent for a patient and his or her family. In order to prevail in a medical malpractice case, you must establish that the standard of care was not followed and that the deviation from the standard of care was a direct cause of patient harm. The standard of care refers to the level of care and caution that a reasonably competent medical professional in the same specialty would have used under the same or similar circumstances.

Surgeon Removes Healthy Kidney, Mistaking it for a Tumor

Published on: December 26, 2018 | by Arfaa Law Group

Imagine going in for back surgery but leaving the hospital without a kidney. Unfortunately, this is what happened to one woman and, sadly, represents the life-changing magnitude of medical errors that patients sometimes have to deal with. If you have been hurt due to a surgeon’s negligence, our experienced Baltimore medical malpractice attorneys can help you hold the at-fault medical professional accountable. With years of experience, we will help protect your rights and aim to get you the compensation you deserve.

A surgeon from Florida took out a woman’s healthy kidney when she was undergoing back surgery in 2016 because he mistakenly believed that the kidney was a cancerous tumor. The woman had been suffered back pain following a car accident and was slated to go through anterior lumbar interbody fusion surgery, in which troublesome vertebrae in a person’s spine are fused together into a single larger bone. During the procedure, the physician noticed a pelvic mass and made a presumptive diagnosis of cancer and decided to remove the mass entirely. It turned out the mass was not a cancerous tumor at all, but the woman’s kidney. The woman filed a lawsuit against the surgeon, which was recently settled. The terms of the settlement agreement were not disclosed.

Former NFL Player Sues Orthopedic Surgeon for Medical Malpractice

Published on: December 19, 2018 | by Arfaa Law Group

Orthopedic malpractice often takes place during surgery but it can also happen before or after the procedure. If you have suffered an injury and you believe it was caused by an orthopedic surgeon’s negligence, our experienced Baltimore medical malpractice attorneys can help. At Arfaa Law Group, we are dedicated to helping you obtain compensation for the hardships you and your family may have suffered.

Sharrif Floyd, a former football player for the Minnesota Vikings, filed a $180 million malpractice claim against his former orthopedic surgeon, the orthopedic surgery center and others involved in his treatment. According to the complaint, Floyd went in for what he was told would be a routine operation that would be require three to four weeks of recovery. However, once the surgeon began to operate, he determined that Floyd needed microfracture surgery that required them to drill into the bone, which purportedly led to bleeding and necessitated a post-operation pain blocker. The pain-block allegedly impacted the procedure and paralyzed a nerve and the surrounding muscle in the right leg. Ultimately, the surgery ended Floyd’s football career.

Orthopedic Malpractice

Orthopedic surgeons diagnose, treat and rehabilitate patients who are experiencing disease or injury of the musculoskeletal system. This complex system, which includes your bones, joints, ligaments, tendons, muscles and nerves, permits a person to move, work and be active. When an orthopedic surgeon’s make a mistake, they can exacerbate existing medical conditions and even create new problems for patients. If this has happened to you or someone close to you, you may be able to sue for medical malpractice.

Physicians who Surrender a Medical License in One State Often Practice in Another

Published on: December 12, 2018 | by Arfaa Law Group

When you seek medical attention, the last thing you want to worry about is the possibility of your doctor making a mistake that could make your health worse. If you or a loved one has been hurt because of a healthcare provider’s negligence, our seasoned Baltimore medical malpractice lawyers can help. At Arfaa Law Group, we have the time and resources to help build a strong case on your behalf. Our firm has handled numerous medical malpractice claims throughout Maryland and our commitment to protecting the rights of our clients is unwavering.

A Louisiana doctor surrendered his medical license after he allegedly removed a healthy kidney during what was supposed to be colon surgery. He then relocated to California and continued to practice medicine. There, he reportedly erroneously removed a woman’s fallopian tube. When faced with state sanctions, the doctor once again surrendered his license. In New York, regulators were attempting to act based on the doctor’s California issues so he agreed to surrender his license there as well. In fact, the doctor ultimately agreed to be permanently barred from practicing in New York. Despite having to give up his medical license in three states, he now practices in Ohio, working at an urgent care clinic where his medical record is clean.

Procedural Requirements for Maryland Medical Malpractice Cases

Published on: December 6, 2018 | by Arfaa Law Group

When you visit the doctor, you trust that you will get proper care. Sadly, every year a number of people in Maryland and throughout the US are injured because of medical negligence. In the most serious of cases, medical professionals make fatal mistakes that kill patients and leave behind loved ones who are completely devastated. If you were hurt or lost a loved one and you believe it was because of medical malpractice, let our experienced Baltimore medical malpractice lawyers help. At Arfaa Law Group, we understand the nuances of medical malpractice law – including the strict procedural requirements that must be met in order to file and proceed with your claim.

The Kentucky Supreme Court recently struck down a law requiring a team of physicians to assess medical malpractice claims before they go to court. Specifically, the law used to give the team of physicians nine months to evaluate a medical malpractice lawsuit and then provide an opinion about whether the claim had merit. That opinion could later be used as evidence at trial. The court held that the law violated the section 14 of the state’s constitution, which states that every individual has access to the justice system without delay. In addition, the court noted that the law went against the constitutional prohibition against special legislation as it was created to benefit medical professionals and no such special protection exists for any other type of tort defendant.

Maryland “Certificate of Merit” Requirement

While Kentucky may no longer require a plaintiff’s case to be reviewed before filing in court, Maryland law still does. Maryland law mandates that a medical doctor sign off on a medical malpractice lawsuit. In fact, within 90 days of filing a medical malpractice lawsuit, a Maryland plaintiff is required to file a certificate of merit from a qualified medical expert or a licensed or certified professional.

Cardiology Malpractice Lawsuits Spike 91 Percent from a Decade Ago

Published on: November 23, 2018 | by Arfaa Law Group

If you or someone close to you suffered harm because of a cardiology error, you should promptly seek legal advice to understand what your next steps should be. Our experienced Baltimore cardiology error attorneys will be there to help you get your life back on track after suffering a medical injury. You can take solace in the fact that we know how to build a case that gives you the best chance of obtaining fair compensation in your case.

The Study

Over the last ten years, rates of cardiology malpractice lawsuits have steadily increased based on an evaluation of more than 1,500 liability claims printed in the American Journal of Cardiology last month. The study examined cardiology malpractice lawsuits filed between the years of 2006 and 2015 in an attempt to figure out malpractice trends and common causes of patient harm in the specialty. The study showed that defensive medicine – a practice in which doctors treat their patients to evade liability claims rather than to provide the best care – is a factor in the increasing number of malpractice claims in the field of cardiology. Of the numerous claims, the primary accusations for malpractice were for improper medical treatment and diagnosis related errors. Other trends with claims included miscommunication, monitoring issues as well as equipment glitches or failures.

Gastroenterologist Sued for Wrongful Death

Published on: November 16, 2018 | by Arfaa Law Group

If you or someone close to you has been injured by a gastroenterologist’s error, you could be eligible to recover compensation. Our Baltimore medical negligence advocates will gather all of the information needed to properly evaluate your case and advise you accordingly. With years of experience, we know how to proceed in even the most complicated medical malpractice cases.

A Tennessee gastroenterologist has been accused of medical malpractice in a wrongful death suit. According to the lawsuit, the doctor failed to treat his patient properly, which allegedly resulted in her death from cancer this past May. The facility where the doctor practices is also named in the lawsuit. Apparently, the doctor failed to fully remove a polyp from the patient’s colon in 2013 and then again in 2016. This past February, the patient discovered an ulcerated mass in the same area, which was revealed to be cancer. In March, another doctor told the patient that the cancer had spread to the liver and seven out of the 12 lymph nodes and that her life expectancy was very short. She died two months later.

Gastroenterology Malpractice

Gastroenterologists specialize in prevention, diagnosis and treatment of illnesses and disorders of the digestive tract. The following types of gastroenterologist errors may give rise to a malpractice case: diagnostic errors, improper performance of a procedure, failure to monitor a patient properly after the procedure, medication errors or communication errors.

Expert Says Culture of Medical Overtreatment Needs to Change in Maryland and throughout the US

Published on: November 9, 2018 | by Arfaa Law Group

Medical overtreatment is a scary reality in Maryland and throughout the US. If you or a family member has suffered harm because of medical overtreatment, you should reach out to a Baltimore medical negligence attorney as soon as you can. Sadly, overtreatment is very common and can lead to a variety of negative health consequences for a patient and we believe that you shouldn’t have to deal with these consequences on your own.

The Research

Medical schools and facilities need to try and challenge the culture of medical overtreatment, says Barnett Kramer, MD, MPH, and the director of the cancer prevention division at the National Cancer Institute in Bethesda. The main issue recognized by a medical historian in the study is the insufficient training surrounding uncertainty in medical schools. In some cases, doctors must accept uncertainty because failing to do so leads to overusing tests and treatment. Another thing medical schools and doctors need to understand, according to the expert, is that it is okay to wait and see in some situations, and decisions do not have to be made right in that moment in every case.