Articles Posted in Medical Malpractice

When we go to the doctor for a health issue, we are typically able to communicate without any problems. For deaf patients, the reality can be very different. A simple conversation can become very difficult if effective communication options are not provided to the patient. In cases in which the medical issue is more complex, the necessity of effective communication becomes even more important to ensure that the deaf patient can understand the explanations provided by the physician and can also ask questions.

According to the Centers for Disease Control and Prevention (CDC), hearing loss can take place when any part of the ear is not working in the usual way. The National Institute on Deafness and Other Communication Disorders (NIDCD) reports that approximately 15 percent of American adults aged 18 and over report some trouble with hearing loss. NIDCD also reports that about two percent of adults between the ages of 45 and 54 have disabling hearing loss. This number increases to nearly 25 percent in individuals aged 65 to 74 and 50 percent in individuals who are 75 years of age and older. Census estimates compiled by the Gallaudet Research Institute reveal that an estimated 55,000 Marylanders between 18 and 64 have a hearing disability.

While federal disability law, namely the Americans with Disabilities Act (ADA), requires hospitals to provide translations for people who are deaf and hard of hearing, many say it isn’t enough. Often, the translator is ineffective or does not stay for the entire visit. To address the problem, the United States Department of Justice launched the barrier-free health care initiative in 2012 and has filed many lawsuits against physicians, hospitals, and medical facilities for not accommodating the hard of hearing, although none of the cases has been in Maryland.

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Colonoscopies are important procedures used to detect any issues with the colon. Colonoscopy errors can have serious consequences for the patient. If you or someone you know has been injured by a colonoscopy error, it might be a result of medical malpractice. At Arfaa Law Group, our Baltimore medical negligence attorneys can assess the details of your situation and determine the strength of your claim. We understand that this is a stressful time for your family and you, which is why we will try to make the legal process as seamless as possible for you.

The American Cancer Society recommends that starting at age 50, both men and women should receive regular colonoscopies to prevent colorectal cancer. Screenings should continue until the age of 75. Possible complications that could arise from a colonoscopy include perforations, when a hole is punched in your bowel and causes fecal matter to leak into the abdominal cavity, which can lead to sepsis. They also include cardiopulmonary complications involving the heart and lungs, which are usually associated with sedation, as well as significant bleeding after a colonoscopy that requires surgery or transfusions, infections, gas explosions, and even death.

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When you go to see a doctor or visit a hospital, you trust that the health care providers will be vigilant in keeping track of any allergies you have disclosed. If you or someone you know was harmed due to an allergic reaction caused by a medical professional’s error, we can help. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys can examine the facts of your case and determine the cause of your injury.

Drug allergies can result from virtually any type of drug, including over the counter medications or prescriptions. A drug or medication allergy takes place when an individual’s immune system reacts to a certain medication. The most common signs of a drug allergy are hives, rash, or fever. Some drug allergies can be life-threatening because they can send the patient into anaphylaxis – an acute allergic reaction that sends the body into shock. It can occur within seconds or minutes of exposure to something to which a person is allergic. Some common symptoms of anaphylaxis include a rapid, weak pulse, a skin rash, nausea, and vomiting.

Patients who come in for help assume that they will be given appropriate care for their medical concerns. When a medical professional administers a drug to which the patient is known to be allergic, it can be grounds for a medical malpractice claim. Similarly, a patient can take legal action against a medical professional who prescribes or administers a drug similar to one to which the patient is allergic. Lastly, a medical professional may also be liable if he or she fails to recognize that a patient is allergic to a medication once it is given.

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If you suffered from sepsis or blood poisoning during a hospital visit, you may be entitled to compensation for your harm. At Arfaa Law Group, our Baltimore medical malpractice attorneys have the knowledge, experience, and skill to examine the facts of your case and determine whether or not you have a claim.

The Centers for Disease Control and Prevention (CDC) recently declared that sepsis is a medical emergency. Every year, between one and three million people are diagnosed with sepsis, and the CDC is requesting that physicians and nurses take action to prevent, identify, and properly treat the deadly condition.

Sepsis is a severe illness in which the bloodstream is overwhelmed by bacteria and toxins, typically through the infection of a wound. The condition can cause the entire body to be in an inflammatory state known as septic shock. Another way to think about sepsis is blood poisoning. If sepsis is not diagnosed and treated properly, it can lead to devastating consequences for the patient, including but not limited to multi-system organ damage, amputations, brain damage, encephalopathy, or even death. Sepsis can be particularly life-threatening to newborns, especially those with a weakened immune system due to prematurity or another illness.

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When a patient is about to undergo treatment or surgery for a particular medical condition, certain adverse effects may be inevitable. In other cases, adverse effects may be a result of a medical mistake. While certain errors are understandable, some are so shocking and outrageous that they should never have happened. These events are commonly known as “never events.” The term was first coined in 2001 by Ken Kizer, MD, a former CEO of the National Quality Forum (NQF).

The NQF identifies 29 events that are considered to be never events. Some examples include:

• Surgeons operating on the wrong person;
• Surgeons operating on the wrong body part;
• Surgeons performing the wrong procedure altogether;
• Leaving a foreign object in the patient’s body;
• Using dirty or unsterilized medical instruments in surgery;
• Infusing the wrong blood type into a patient;
• Death or injury resulting from the introduction of a metallic object into an MRI area;
• Oxygen lines containing no gas or the wrong gas; or
• Permitting medical personnel to treat a patient while the personnel is intoxicated or under the influence of drugs.

In 2007, the Leapfrog Group began tracking data on never events. In 2015, the group released a report stating that one in five hospitals in the United States do not meet the group’s standards for accurately reporting when never events take place.

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Surgery is daunting enough on its own, and the process shouldn’t become even more unnerving because of concerns of negligence on the part of your surgeon. Unfortunately, surgical instruments that are dirty or not sterilized properly harm patients each year. When this happens, even minor or routine surgeries may turn into a nightmare for the patient. If you or someone you love has been hurt or killed as a result of a dirty surgical instrument, it is important to seek the help of a skilled Baltimore medical malpractice attorney. At Arfaa Law Group, we can thoroughly analyze the facts of your case and provide you with an honest assessment of your claim.

A few years ago, the Centers for Medicare and Medicaid Services (CMS) conducted a pilot program, which inspected 1,500 outpatient surgery centers and cited 28 percent for infection control deficiencies related to surgical instrument cleaning and sterilization. Surgical site infections caused by dirty instruments can have long-term and painful consequences, such as prolonged recovery, infections, loss of limbs, or even death. In some cases, the patient may not develop an infection from the dirty instrument. Instead, he or she may be exposed to a disease, such as HIV, hepatitis, or syphilis.

Hospitals have a duty to maintain procedures and protocols that will make sure a patient’s health is not in jeopardy. These include sterilizing surgical instruments properly. Unfortunately, in some cases, appropriate care is not taken to clean instruments, or instruments used in a previous surgery are accidentally or intentionally used again.

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Birth injuries can be devastating for the entire family. If your child has been hurt due to a birth injury, it is important to speak to a qualified Baltimore medical malpractice attorney.

In Spangler v. Mcquitty, the parents of a boy, Dylan, filed a claim against the physician who delivered the child, the medical practice group, and the medical facility on behalf of their son, alleging that the son’s severe disabilities were a result of birth injuries caused by medical malpractice.

While pregnant with Dylan, the mother’s physician did not obtain informed consent for the treatment that was administered to her, causing a placental abruption. The plaintiffs claimed that this condition reduced the supply of oxygen and nutrient to the fetus and ultimately left the son with cerebral palsy and other long-term injuries. Cerebral palsy is a broad term for a variety of disorders that impair the motor functions and development of a child.

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There is nothing worse for a parent than to see his or her child suffer an injury. When the injury could have been prevented, it can be even more emotionally draining. Unfortunately, many children are harmed each year as a result of medical malpractice. If this has happened to your child, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys have years of experience representing minors and their families in these types of cases.

Minors can be injured by medical professionals in a variety of ways, including birth injuries, surgical errors, missed diagnosis or misdiagnosis, lack of informed consent, anesthesia errors, and medication errors.

If a medical professional has harmed you, you will likely be able to file a medical malpractice claim against the at-fault party. These claims are rooted in negligence and essentially allege that the health care provider’s failure to adhere to a certain standard of care was a direct cause of the plaintiff’s injury.

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In every Maryland medical malpractice case, there are specific rules governing which evidence is admissible at trial, and a failure to adhere to these rules can significantly affect your case. If you or someone close to you has been injured as a result of medical malpractice, it is imperative to have a seasoned Baltimore medical malpractice attorney on your side. At Arfaa Law Group, we will be vigilant about every detail in your case, including deadlines and the parameters of all applicable procedural rules. We know the stakes are high, and you can rest assured that we will be diligent at every step of the way.

Earlier this year, in the case of Hineman v. Imber, the Supreme Court of Delaware addressed the admissibility of evidence of a plaintiff’s marijuana use on the day of his injury and misdiagnosis in a claim for medical malpractice.

Medical malpractice takes place when a health care provider fails to use reasonable care when treating a patient. In order to succeed on a medical malpractice claim, the plaintiff must establish the following elements:  i) the health care provider owed a duty of care to the patient; ii) the duty of care owed to the patient was breached by the health care provider (i.e., the health care provider failed to abide by the standard of care normally used in their specialty); iii) the health care provider’s breach was a direct cause of the injury to the patient; and iv) the patient or their loved ones incurred damages.

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The birth of a child is meant to be one of the most joyous occasions in a parent’s life. The sad reality is, however, that medical mistakes often cause serious and long-term injuries to a child. If your infant has suffered a birth injury due to a medical professional’s negligence, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can carefully examine the facts of your case and determine whether malpractice took place. You can rest assured that we understand the nuances of this area of law, including procedural rules, which can be vital in any medical malpractice case. Consider the following New York case as an example.

In Wally G. v. NY City Health and Hospitals Corporation, the plaintiff was born prematurely through an emergency caesarean section at the defendant hospital in June 2005. The plaintiff alleged that the defendant did not act fast enough upon noting the difficulties of the pregnancy and then negligently failed to treat the fetal distress. Consequently, the infant developed some neurological and cognitive disorders, including cerebral palsy, seizures, and trouble with speech.

The infant remained in the neonatal intensive care unit and was discharged in stable condition in August 2005. In January 2007, the plaintiffs served a notice of claim against the hospital, alleging medical malpractice stemming out of its failure to properly handle the mother’s prenatal care and its failure to get informed consent in terms of the plaintiff’s care.

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