Medical Malpractice Damages

Maryland Court Explains Evidence of Damages in Medical Malpractice Cases

Published on: September 16, 2023 | by Arfaa Law Group

In Maryland medical malpractice cases, a plaintiff who establishes a defendant’s liability may be granted damages for their economic harm, including the cost of any past medical care and future care they will need and lost wages. To recover such damages, however, they must adequately demonstrate their actual financial losses. In a recent Maryland medical malpractice case, the court analyzed what constitutes sufficient evidence of the economic harm caused by a defendant’s negligence. If you sustained losses because of a careless doctor, it is prudent to meet with a Maryland medical malpractice attorney to discuss your rights.

History of the Case

It is alleged that the plaintiff sued the defendant doctor and the defendant hospital for alleged medical malpractice following a car accident that injured his right leg. The plaintiff asserted a medical negligence against the defendant doctor and an apparent agency claim against the defendant. During the trial, the defendant moved for summary judgment regarding apparent agency, and the court delayed its ruling.

Reportedly, after the trial, both the defendants moved for summary judgment arguing that there was insufficient evidence of economic damages, and the court again delayed its ruling. The jury ultimately found in favor of the plaintiff and determined that the defendant doctor was an agent of the defendant hospital. Both defendants filed motions for judgment notwithstanding the verdict on economic damages, and the court denied these motions. The defendants then appealed. Continue Reading ›

Recent Maryland Medical Malpractice Verdict Highlights the Impact of the Damages Cap

Published on: August 29, 2023 | by Arfaa Law Group

A recent verdict issued in a Maryland medical malpractice case highlights the challenges of recovering compensation for the losses caused by medical negligence in light of Maryland’s current damages caps. The case arose out of a nursing home patient’s tragic death, which was ultimately brought about by negligence. While the damages compensation awarded to the plaintiffs in the case were significant, they will be largely reduced due to Maryland’s cap on non-economic harm in Maryland medical malpractice cases. If you or a loved one suffered an injury in a nursing home, it would benefit you to speak to a Maryland medical malpractice lawyer regarding what damages you might be able to recover.

The Plaintiff’s Harm and Subsequent Verdict

It is alleged that A jury in Baltimore County recently awarded over $9 million to the family of a pastor who died in 2020 due to an infected bedsore he developed while staying at a nursing home. The pastor had been living at the nursing home for around six months after suffering a stroke. The family’s lawsuit claimed the nursing home was negligent in allowing the pastor to develop a severe pressure wound on his lower back which became infected. Evidence showed the pastor was left on his back for long periods without repositioning and was not properly cleaned, which may have worsened the bedsore. He ultimately died from sepsis and complications related to the bedsore.

It is reported that at the conclusion of a week long trial, the jury concluded the nursing home was negligent and awarded $8 million in damages for the pastor’s pain and suffering and $1 million for the emotional harm endured by his family. The judgment will be reduced to just around $1 million, though, because of Maryland’s cap on non-economic damages in medical malpractice claims. Continue Reading ›

Recent Verdict Highlights Significance of Damages Caps in Maryland Medical Malpractice Cases

Published on: July 28, 2023 | by Arfaa Law Group

A recent Maryland medical malpractice verdict underscores the complexities of medical malpractice litigation and the role of damages caps in shaping the outcome of such cases. The case arose out of a devastating birth injury caused by negligence. While the damages awarded in the case are substantial, they largely represent the cost of the care the affected child will need throughout the duration of his life. If your child suffered an injury at birth due to the recklessness of a doctor, it is crucial to speak to a Maryland medical malpractice attorney about what damages you may be able to recover.

The Subject Case

It is alleged that the plaintiffs filed a medical malpractice lawsuit against the defendant hospital after their son suffered brain damage and permanent injuries following a premature emergency cesarean section. The hospital defended its actions, claiming that the procedure was necessary to save the lives of both the mother and the baby. The trial lasted for two weeks, and the jury deliberated for four hours before reaching a verdict in favor of the plaintiffs.

It is reported that the jury awarded the plaintiffs damages amounting to approximately $34 million. Due to Maryland’s statutory cap on noneconomic damages in medical malpractice cases, the amount will be reduced to $25.2 million. The bulk of the damages awarded to the plaintiffs was for the child’s future medical expenses, which amount to $20 million. In addition, they received compensation for the child’s loss of earnings as well as his past medical expenses. The plaintiffs were awarded $10 million for pain and suffering as well, but this amount will likely be reduced to around $1 million due to the state’s damages cap. Continue Reading ›

Study Says Real-time Technology Can Assist Physicians Reduce Complications and Save Money

Published on: August 27, 2018 | by Arfaa Law Group

Unfortunately, medical malpractice takes place much more often than it should. If you or your family member suffered harm and you believe malpractice was the cause, you need to reach out to a skilled Baltimore medical malpractice attorney who can help. At Arfaa Law Group, we empathize with individuals and families who have suffered preventable harm as a result of a medical professional’s error or carelessness. You can rest assured that we can compassionately guide you through the entire legal process.

A recent study printed in the American Journal of Managed Care found that real-time technology allowed physicians to make good decisions in a timely manner and provide better care to patients at lower costs. The study was conducted by Dr. Harry C. Sax, executive vice chair of surgery at Cedars-Sinai Medical Center in Los Angeles, and a variety of other physicians, researchers, and companies.

The research team placed electronic reminders into the hospital’s electronic health records, highlighting for doctors in real time when their care guidelines departed from evidence-based medical guidelines. The team then evaluated what would happen to patients whose physicians followed all guidelines versus those whose physicians did not follow any of them. The study examined almost 26,500 patients admitted to Cedars-Sinai over a three-year time span.

Woman Wins Maryland Malpractice Case Due to OBGYN Negligence

Published on: November 28, 2017 | by Arfaa Law Group

Unfortunately, medical mistakes are common in Maryland and throughout the United States. OBGYN errors can have serious consequences for a patient’s health. If you or your loved one has been injured by an OBGYN’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, we can investigate the merits of your case and provide you with an honest assessment of your claim.

A Maryland jury decided in favor of a woman who developed lung cancer after her gynecologist failed to follow up on the results of a hysterectomy properly. Specifically, the gynecologist failed to share with the patient a pathologist’s warnings in 2011 that the uterine tumors she discovered during the hysterectomy were potentially malignant. The pathologist had recommended close clinical follow-up treatment, but the OBGYN took no steps to institute a close clinical follow-up of the surgical pathology results.

In 2014, the patient underwent medical tests that revealed she had metastatic lung cancer that likely originated in the uterus, according to the complaint. The patient currently suffers from stage-4 sarcoma in her lungs.

Psychiatry Malpractice in Maryland

Published on: November 14, 2017 | by Arfaa Law Group

Patients who seek the help of psychiatrists expect to receive competent care. In fact, these medical professionals are trusted with the task of helping their patients deal and cope with a wide range of mental health issues. Unfortunately, some patients not only deal with psychiatrist neglect but also deal with abuse. If you or someone close to you has suffered due to psychiatric malpractice, we can help. At Arfaa Law Group, you can rest assured that our Maryland psychiatric malpractice lawyers understand how to navigate these complex medical malpractice claims.

Psychiatry is the branch of medicine that diagnoses and treats mental disorders. According to the National Alliance on Mental Illness, 1 in 5 adults (18.5 percent of all adults) in the United States experience mental illness in a given year. Additionally, 1 in 25 adults in the U.S. (4 percent of all adults) experience a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. Like any other type of doctor, psychiatrists can be negligent as well. Some common forms of psychiatric malpractice include:

Failure to properly diagnose a patient;

Montgomery County Jury Awards over $40 Million in Medical Malpractice Case

Published on: April 15, 2016 | by Arfaa Law Group

A Montgomery County jury awarded $44.1 million to a Bethesda couple who alleged that their Rockville, Maryland fertility physician did not properly screen the surrogate mother who carried their baby. After the surrogate became pregnant, the couple learned that she had a history of complications she did not disclose to the doctor.

The surrogate delivered a little girl three weeks premature. After birth, the child was placed in neonatal intensive care, and she died some time later, due to sepsis and extreme prematurity. The couple then sued the obstetrician and her Rockville practice for medical malpractice and wrongful death.

Medical malpractice claims are rooted in the legal doctrine of negligence. Negligence refers to the failure of a person to exercise reasonable care in their conduct. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In the context of medical malpractice claims, negligence occurs when a medical professional fails to use the level of care used by other medical professionals in the same specialty under the same or similar circumstances. Wrongful death claims are appropriate when negligence causes the untimely and preventable death of a loved one.

Damages in Maryland Medical Malpractice Claims

Published on: March 11, 2016 | by Arfaa Law Group

Medical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.