Medical Malpractice

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.

Doctors Unwilling to Recommend their Profession in Maryland and Nationwide, Study Says

Published on: October 5, 2018 | by Arfaa Law Group

Sadly, medical malpractice causes countless injuries in Maryland and across the United States every year. If you or a person you love has been injured due to the negligence of a medical professional, you should consult a diligent Baltimore medical malpractice attorney who can help. Medical malpractice cases are incredibly complex but you can trust that we will help you obtain the answers you need following a medical mistake

Seven out of 10 doctors are not willing to recommend their chosen profession to their children or other family members, according to a nationwide Future of Healthcare Survey of over 3,400 doctors released by The Doctors Company. Respondents included primary care physicians, surgical specialists, inpatient medical specialists and diagnosticians.

Respondents cited electronic health records (EHRs) and value-based care as key reasons for their viewpoint. Specifically, fifty-four percent said they believe EHRs have negatively impacted the doctor-patient relationship, and 61 percent said they believe EHRs negative affect efficiency and productivity. In addition, 49 percent said they believe value0based care and reimbursed will negatively impact patient care.

Malpractice Due to Physician Burnout in Maryland

Published on: July 3, 2018 | by Arfaa Law Group

Physician burnout is an increasingly common issue in healthcare that can seriously jeopardize a patient’s health. If you believe that you suffered harm due to a medical professional’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, our seasoned Baltimore medical malpractice team can help you understand your legal rights and options. With extensive experience, we understand the nuances of this area of law.

Physician burnout is a serious epidemic in the United States. Burnout among physicians generally refers to a loss of enthusiasm for one’s work, a decline in satisfaction and joy and an increase in detachment, emotional exhaustion and cynicism. In short, burnout is a state of chronic stress. According to one study, nearly two-thirds of U.S. doctors experience burnout, depression or both. These results are consistent with a prior study conduced by the Mayo Clinic that found that about 46 percent of the 7,200 doctors surveyed showed signs of burnout. The rate was 10 percent higher than the rest of the population. Research shows that doctors who suffer from burnout take less interest in their patients, are less empathic and are more prone to mistakes.

Burnout is often the underlying cause of medical mistakes that can lead to serious patient harm. If a doctor’s error, misconduct or wrongdoing causes patient injury or death, that doctor may be liable under a medical malpractice claim. Medical malpractice occurs when a medical professional, by act or omission, fails to adhere to the accepted standard of practice in the medical community and causes injury or death to the patient. In all medical malpractice cases, the doctor’s deviation from the appropriate standard of care must have been a direct cause of the patient’s harm. In other words, a harmless error is not compensable under the law. To establish medical malpractice, the plaintiff must demonstrate the following criteria:

Maryland’s Top Court to Decide Whether Physicians Should be Held to “Reasonable Person” Standard

Published on: June 28, 2018 | by Arfaa Law Group

When you seek medical attention of any kind, you expect to receive competent care. If you or someone close to you has been injured due to a medical professional’s negligence, you may be able to recover compensation through a medical malpractice claim. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys understand this area of law and can help you explore your legal rights and options.

Medical malpractice laws are always changing, and it is imperative for your attorney to be aware of legal developments that may affect your case. Consider the following. A pending decision by Maryland’s highest court could change the standard that jurors will be instructed to use in assessing these cases.

For over a century, negligence in Maryland medical malpractice cases has been guided by the “reasonably competent” physician standard of care – a standard of which juries and judges are informed through expert testimony. However, in the case of Armacost v. Davis, a Baltimore County Court judge permitted jurors to also consider what a layperson would deem reasonable under the circumstances.

How Effective is the 20 Percent Rule in Maryland Malpractice Cases?

Published on: April 11, 2018 | by Arfaa Law Group

If you or a member of your family has been harmed by a medical professional’s negligence, you need to reach out to a seasoned Baltimore medical malpractice attorney who can help. At Arfaa Law Group, not only do we understand how to navigate complex medical malpractice cases, but also we understand the procedural rules that must be followed in these cases. With years of experience, we can help your family and you pursue the compensation you need to move on with your life after a medical injury.

Medical malpractice litigation generally requires using expert witnesses. These witnesses are necessary to help the jury understand medical issues that may be at issue in a malpractice trial. In Maryland, expert testimony may be admitted if the court decides that the testimony will help the trier of fact (either the judge or the jury) understand the evidence or determine a fact at issue in the case.

Under Maryland law, an expert in a malpractice claim opining on the “standard of care” cannot devote in excess of 20 percent of their professional activities to courtroom testimony. Put simply, you cannot call as a witness on the standard of care anyone who spends more than one day a week out of five working as an expert witness. The idea behind this rule is to discourage the use of “professional experts” or so-called “hired gun” doctors who simply travel to testify as opposed to seeing patients. While the principle makes sense, the 20% requirement may seem arbitrary to some.

New Study Highlights Nurse Practitioners and Doctors Face Similar Liability Risks

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

Have you or someone you love been harmed by a medical mistake at a hospital? If so, you should reach out to a seasoned Baltimore hospital malpractice attorney who can help you understand your rights. At Arfaa Law Group, we can seek a settlement that is appropriate for the losses that you have incurred, but we are also prepared to advocate for your rights at trial if necessary. You can trust that we are prepared to aggressively assert your rights and get you the compensation you need to move on with your life.

A study recently issued by The Doctors Company reveals that the allegations in medical malpractice lawsuits against nurse practitioners (NPs) do not differ drastically from those made against primary care doctors. The study by the country’s largest physician-owned medical malpractice insurer is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors between the dates of January 2011 and December 2015. The key findings from the study were as follows:

Diagnosis-related and medication-related claims were similar for NPs and primary care doctors;

Veteran’s Hospital Malpractice Can Cause Significant Injuries to Maryland Residents

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

The Veterans Health Administration is the component of the United States Department of Veteran Affairs (VA) that, among other things, implements medical assistance programs for veterans. People who are eligible for VA health care benefit programs must have served in the active military, naval, or air service and left the service under any condition other than dishonorable. If you or someone close to you has been harmed due to the negligence of a VA doctor, you need to speak to a seasoned Baltimore hospital negligence attorney who can evaluate the facts of your case.

Unfortunately, medical malpractice at VA hospitals is more common than you may think. The VA pays out an average of $100 million each year to settle more than 3,000 medical malpractice lawsuits. According to a recent USA Today investigation, the Department of Veteran Affairs has knowingly hired doctors who had a history of misconduct allegations, licensing problems, malpractice accusations, and patient settlements.

Medical malpractice claims can have many causes, including:

Medical Overtreatment is a Dangerous Reality in the United States

Published on: October 19, 2017 | by Arfaa Law Group

When you visit a medical professional, you expect to receive competent care. While we expect comprehensive care, the reality is that many patients are being overtreated, meaning they are receiving tests and treatments that they do not actually need. If you or someone close to you has suffered an injury due to a medical professional’s overtreatment, you need to reach out to a skilled Baltimore medical negligence attorney as soon as possible. At Arfaa Law Group, we can help you assess the case and determine whether a lawsuit is the right option for you.

A recent study published in PLUS ONE has shed light on just how big the problem of overtreatment is in the United States. According to the report, at least 15 to 30 percent of overall medical care is unnecessary, said most of the 2,100 physicians who responded to a survey conducted by researchers from Johns Hopkins and Harvard Medical Schools. The data also shows that about 22 percent of prescription medication, 25 percent of tests, and 11 percent of procedures that are given are not needed. For example, not every patient with back pain needs an x-ray, but an x-ray is very often ordered.

An overwhelming majority of the physicians who were interviewed for the study cited fear of litigation as the top reason for overtreatment, followed by patient pressure and difficulty assessing prior medical records. While physicians think they are being extra cautious by overtreating, the reality is that overtreatment can be harmful for patients and give rise to medical malpractice claims as well. For example, prescribing a patient with a cough or cold antibiotics when they do not actually need them might be administering too strong a medication for the problem at hand, and it could ultimately harm the patient, due to other side effects associated with those antibiotics.

Kidney Disease Malpractice in Maryland

Published on: August 25, 2017 | by Arfaa Law Group

Kidney disease can have serious consequences for a person’s life. Not only can kidney disease make you very sick, but also, in the most serious cases, it can result in death. If a medical professional caused or worsened your kidney disease due to an error or carelessness, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can thoroughly examine the facts of your case and determine whether malpractice took place.

Many cases of advanced kidney failure are preventable or treatable if they are properly diagnosed and treated. Kidney disease is often difficult to identify, since it can be largely asymptomatic in the early stages. As a result, kidney disease can often sneak up on a person, and sometimes it is not detected until it is too late. This is why it is imperative for a physician to be vigilant and refer you to a kidney specialist as soon as there are any signs of a potential problem, such as protein in a person’s urine.

If your doctor failed to diagnose or treat your condition, the doctor may have committed medical malpractice. Medical malpractice occurs when medical professionals fail to provide a reasonable standard of care, and that failure results in harm to a patient. Providing a “reasonable” standard of care does not mean that the doctor has to order every possible test. Instead, the doctor must be as competent as another doctor in the same specialty would have been under the same circumstances. In order to establish malpractice, the plaintiff must show the following elements:

Brain Hemorrhage Malpractice in Maryland

Published on: August 21, 2017 | by Arfaa Law Group

A brain hemorrhage can lead to serious injuries in a patient. This is why it is critical for medical professionals to correctly identify and treat brain hemorrhages in a timely manner. If you or someone you know was a victim of a medical error pertaining to a brain hemorrhage, you need to reach out to a seasoned Baltimore medical malpractice attorney as soon as possible. At Arfaa Law Group, we are committed to holding negligent medical professionals accountable for the harm that they cause.

A brain hemorrhage is a type of stroke caused by an artery in the brain bursting and causing localized bleeding in the surrounding tissues. This type of bleeding is extremely dangerous because it kills brain cells. Among other causes, a brain hemorrhage can be spontaneous as a result of a broken blood vessel or aneurysm, or it can be caused by a traumatic brain injury. Of course, there may be other causes as well, such as high blood pressure, blood vessel abnormalities, blood or bleeding disorders, liver diseases, and brain tumors. Brain hemorrhages are more common than you may think. In fact, they account for 13 percent of all strokes.

Physicians are trained to identify or at lease suspect a brain hemorrhage when patients present certain signs and symptoms of the condition. Timely diagnosis and treatment is critical to prevent permanent injuries. When a physician or hospital fails to diagnose such a condition properly, they may be liable for medical malpractice. Medical malpractice occurs when a medical professionals fails to adhere to the level of care that another medical professional in the same specialty would have followed under the same or similar circumstances, causing injuries or death to the patient. For example, in patients with certain bleeding disorders, a failure to give or monitor platelets and a resulting brain hemorrhage can cause significant brain damage. Therefore, a prudent physician would know this and act accordingly.