Articles Posted in Medical Malpractice

People who undergo surgical procedures in hospitals anticipate that they will receive attentive care, not only during the procedure but also after. It is not uncommon, though, for medical professionals to fail to closely monitor patients following surgical procedures to ensure timely intervention if complications arise. A recent Maryland medical malpractice case highlights the devastating consequences of failing to respond to postsurgical symptoms and what evidence an injured party must offer to demonstrate liability for such errors. If you were hurt by inadequate care in a hospital, it is smart to speak to a trusted Baltimore medical malpractice attorney about your rights.

History of the Case

It is alleged that the plaintiff underwent spinal surgery at a hospital in Maryland and was discharged shortly thereafter. The next day, he returned to the emergency room, reporting weakness in his legs. Medical staff performed certain evaluations but discharged him again with no imaging or surgical consultation. Later that same day, he was brought back to the hospital by ambulance, now unable to move his legs and exhibiting signs of serious neurologic decline.

It is reported that after this third visit, an MRI revealed a spinal epidural hematoma, a condition requiring emergency intervention. The plaintiff underwent a second surgical procedure, but by that time he had suffered permanent paralysis. The plaintiff filed a lawsuit alleging that the hospital and its staff breached the standard of care by failing to perform appropriate diagnostic tests and delaying surgical intervention. Continue Reading ›

During pregnancy, the changes an expectant mother’s body goes through increase the risk of certain complications. Such risks can extend beyond pregnancy, and healthcare providers must be diligent in diagnosing and treating any complications that arise. If they are not, the consequences can be devastating. Even in cases in which liability seems clear, medical professionals will often deny liability, which is why expert testimony is essential. This was demonstrated in a recent Maryland medical malpractice case in which the plaintiff sought compensation for the defendant’s failure to identify and treat a dangerous neurological condition when she was postpartum. If you were harmed by the incompetence of a medical professional, it is important to understand your rights, and you should talk to a Baltimore medical malpractice attorney.

Factual History and Procedural Setting

It is alleged that the plaintiff, a new mother, presented to the emergency department with complaints of worsening headaches and neurological symptoms in the days following delivery. Reportedly, she was evaluated, discharged, and sent home without undergoing a brain scan. It is further alleged that the plaintiff returned to the hospital the next day after experiencing vomiting and impaired coordination.

It is reported that upon her return, the medical staff again failed to perform neuroimaging and treated her symptoms as unrelated to any neurological condition. Later that day, the plaintiff suffered a severe stroke due to cerebral venous sinus thrombosis. She was admitted to the intensive care unit and experienced permanent brain damage. The plaintiff filed a lawsuit against the hospital, alleging that the staff’s failure to recognize her symptoms and order appropriate testing constituted a breach of the standard of care. Continue Reading ›

Medical professionals must exercise due diligence in monitoring and treating patients with mental health conditions, regardless of the treatment settings, and if they fail to do so, it may constitute medical malpractice. The legal consequences of inadequate healthcare services in correctional settings were demonstrated in a recent case involving the tragic suicide of a detainee at a federal facility. If you or a loved one suffered harm because of inadequate medical care, it is advisable to speak to a Baltimore medical malpractice attorney regarding your rights.

Factual Background and Procedural History

It is reported that the plaintiff, acting on behalf of herself and as the representative of a deceased detainee’s estate, brought a wrongful death and medical malpractice action against the defendants. In it, she alleged that while under the care of the jail and its healthcare providers, the decedent committed suicide. The plaintiff claimed that the defendants failed to adequately monitor, treat, and provide mental health accommodations for the decedent despite known risk factors and a documented history of psychiatric concerns.

It is further reported that the United States substituted itself for the defendants under the Federally Supported Health Centers Assistance Act, which treats certain nonprofit healthcare providers as employees of the federal government when acting within the scope of a qualifying grant-supported activity. Consequently, the plaintiff’s claims against the defendants were converted into claims under the Federal Tort Claims Act (FTCA), and those claims were later voluntarily dismissed.

The District, however, remained a defendant in the litigation and initiated a third-party action seeking indemnity from the defendants, relying on contractual provisions obligating the defendants to hold the District harmless for liabilities arising from medical services rendered under the contract. Unity responded with a motion to dismiss, arguing that the court lacked subject-matter jurisdiction over the indemnity claim and that because the United States had already substituted itself in the defendant’s place, it was immune from further litigation. Continue Reading ›

Medical malpractice claims often hinge on whether healthcare providers adhered to the appropriate standard of care and whether any failure to do so directly impacted a patient’s health and treatment outcomes. Generally, expert testimony is necessary to establish the standard of care and causation; as such, if expert testimony is precluded, it can greatly impair their ability to present compelling claims, as shown in a recent Maryland case. If you or a loved one were injured by a physician’s misdiagnosis or failure to diagnose a medical condition, it is in your best interest to meet with an experienced Baltimore medical malpractice to determine your potential claims.

History of the Case

It is alleged that the plaintiff, a woman in her early 30s, sought medical advice from her gynecologist regarding her ability to conceive. In 2018, the defendant, a board-certified obstetrician and gynecologist, performed blood tests to assess the plaintiff’s fertility. The physician incorrectly informed the plaintiff that her test results were normal when, in fact, they indicated diminished ovarian reserve (DOR), a condition that reduces a woman’s egg supply and fertility potential.

It is reported that the physician failed to refer the plaintiff to a fertility specialist or recommend immediate treatment, such as in vitro fertilization (IVF), which could have maximized her chances of conception. The plaintiff continued trying to conceive naturally, unaware of her declining fertility. Eighteen months later, after further unsuccessful attempts to conceive, the plaintiff consulted a fertility specialist and was formally diagnosed with severe DOR. By that time, her condition had worsened considerably, and despite undergoing multiple rounds of IVF and fertility treatments, she was unable to achieve a successful pregnancy. Continue Reading ›

Continue Reading ›

Vaccine-related injury claims often involve complex legal hurdles, particularly when federal immunity statutes like the Public Readiness and Emergency Preparedness (PREP) Act come into play. The PREP Act provides broad legal protections for entities involved in vaccine administration, significantly impacting the ability of plaintiffs to seek damages in traditional courts. A recent federal appellate decision underscores the difficulty of overcoming these statutory protections in vaccine litigation. If you or a loved one suffered harm from a vaccine, it is smart to meet with an experienced Baltimore medical malpractice attorney to understand your options.

Facts and Procedure of the Case

It is alleged that the plaintiffs, parents of a deceased minor, filed a lawsuit against the defendant, a pharmaceutical company, along with government and medical entities, claiming that the administration of a COVID-19 vaccine caused the minor’s death. The minor received two doses of the vaccine at a pediatric clinic and later developed flu-like symptoms, which ultimately resulted in cardiac failure and death. The plaintiffs contended that the vaccine caused myocarditis, leading to fatal heart complications.

It is reported that the plaintiffs asserted claims under the PREP Act, alleging willful misconduct by the defendant in the production and distribution of the vaccine. Additionally, they pursued state tort law claims, including wrongful death and medical malpractice, against both the pharmaceutical company and the healthcare providers involved in administering the vaccine. The defendants moved to dismiss the claims, arguing that the PREP Act provides immunity against such lawsuits and that the plaintiffs failed to exhaust the required administrative remedies. The court granted the defendants’ motion and the plaintiff appealed. Continue Reading ›

In medical malpractice claims, plaintiffs must adhere to procedural requirements to ensure their cases are properly heard by the courts. When these requirements are not met, courts may dismiss the claim even before addressing its merits. A recent Maryland case highlights the importance of complying with federal pleading standards and the necessity of presenting clear and substantive allegations in medical malpractice lawsuits. If you or a loved one has been harmed due to medical negligence, it is crucial to consult an experienced Baltimore medical malpractice attorney to determine how to protect your rights.

History of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant, the United States Government, claiming negligence related to medical treatment received through the Veterans Affairs (VA) healthcare system. The plaintiff alleged that VA medical providers engaged in conduct amounting to malpractice, including improper prescription practices and exposing the plaintiff to toxic substances. The plaintiff further claimed that these actions led to severe physical harm, emotional distress, and long-term health complications.

It is reported that the plaintiff’s complaint included allegations unrelated to medical malpractice, such as accusations of fraud and interference with business trademarks. The plaintiff also sought an extraordinarily high amount in damages, totaling one trillion dollars. However, the complaint lacked specific factual details regarding the medical treatment in question, the providers involved, or a clear timeline of events. Continue Reading ›

The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands the elements of such claims and can gather the evidence needed to demonstrate liability. If you or a loved one suffered harm due to the carelessness of a physician, it is important to understand your rights, and you should speak to an attorney as soon as possible.

Summary of the Case

It is reported that in December 2021, the decedent, a 22-year-old college student, died unexpectedly while visiting his mother’s home during a holiday break. An autopsy determined the cause of death to be blood clots. Weeks prior to his death, the decedent had informed the defendant, his hematologist, that he was running low on his prescribed anticoagulant medication. Instead of renewing the prescription, the defendant reportedly instructed the decedent to complete his remaining doses and switch to a low-dose aspirin regimen. Tragically, this change allegedly contributed to the fatal blood clots.

It is alleged that the plaintiffs, the decedent’s parents, filed medical malpractice and wrongful death claims against the defendant and the medical group employing him. They alleged that the defendant’s decision to change the decedent’s medication regimen breached the applicable standard of care, ultimately leading to his untimely death. The jury found in favor of the plaintiffs, awarding $3.77 million to the decedent’s mother, $3 million to his father, and $500,000 to the decedent’s estate. Continue Reading ›

While medical malpractice cases often stand alone, it is not uncommon for a plaintiff to pursue medical negligence and product liability claims in the same action. As discussed in a recent Maryland ruling in which the plaintiff sought damages following a hip replacement, such actions are generally permissible as long as the plaintiff complies with procedural and jurisdictional rules. If you suffered harm due to an improperly performed procedure, it is advisable to talk to a Baltimore medical malpractice attorney about your possible claims.

Factual and Procedural Setting

It is reported that the plaintiff underwent a total hip replacement procedure at a Maryland hospital. During the procedure, a medical device manufactured by one of the defendants was implanted. Approximately two and a half years later, the device reportedly failed, necessitating a revision surgery. Allegedly, the replacement device also failed within days, leading to additional complications and injuries, including permanent disability.

Reportedly, the plaintiff initially filed a medical negligence lawsuit in state court against non-diverse defendants, including his healthcare providers. As the case proceeded, the plaintiff added claims against diverse parties, including the manufacturers and distributors of the medical device, alleging product defects. The case involved causes of action for medical negligence, informed consent, strict liability, breach of warranty, and violations of consumer protection laws. Continue Reading ›