Medical Malpractice

Maryland Rejects “Loss of Chance” Doctrine in Wrongful Death Cases

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

In traditional Maryland medical malpractice cases, the plaintiff is required to show proximate cause. This involves showing that the medical professional’s actions more likely than not caused the patient’s harm. The loss of chance doctrine is a legal principle that allows a plaintiff to obtain damages from a defendant for a heightened risk of death or injury, even if the plaintiff cannot show by a preponderance of the evidence that the ultimate injury was caused by the defendant’s negligence.

The loss of chance doctrine signifies a change in the traditional rule that health care providers are not liable for providing negligent care if a negative outcome is likely even with good care. Consider the fact that in some situations, a death due to a pre-existing condition may be probable whether or not a particular treatment is correctly done. For example, a person who is suffering from a serious illness may undergo a medical procedure that his or her physician performs negligently, as a result of which the person’s chance of survival is lowered by a certain percentage, and the person subsequently dies. Under the doctrine, the deprived chance of survival or the lost chance of the better outcome is the compensable injury.

Maryland Court Holds Expert Witness Needed in Medical Malpractice Case – Hannon v. Mercy

Published on: June 8, 2016 | by Arfaa Law Group

In Hannon v. Mercy Med. Ctr., Inc., the plaintiffs, surviving sons of the deceased, filed a medical malpractice claim on their own behalf and on behalf of their father’s estate, alleging that the doctor and hospital that treated the deceased failed to adhere to the standard of care required of medical professionals in Maryland.

Medical malpractice claims are rooted in the theory of negligence. Negligence refers to the failure of an individual or entity to use the level of care and caution an ordinary person would use in the same or similar circumstances. That failure to use the appropriate level of care and caution must result in harm in order for negligence to be established. In the context of medical malpractice, medical negligence refers to the failure of a health care provider to use the level of care that another health care provider in the same specialty would use in the same situation. For example, a nurse’s conduct would be compared to another nurse’s conduct in the same situation.

After the plaintiffs’ repeated failures to comply with discovery requests and their supposed lack of cooperation with their lawyers in handling the case, the attorneys communicated their intent to withdraw as counsel as permitted under Maryland Rule 2-132(b). This took place three months prior to trial. The court granted the lawyers’ request to withdraw.

Maryland Informed Consent Law

Published on: May 27, 2016 | by Arfaa Law Group

In non-emergency situations, medical professionals are required to obtain a mentally competent patient’s “informed consent” for a particular course of treatment. The idea of informed consent is to give patients a meaningful opportunity to be informed about their own health care decisions. If you or someone you know did not have a chance to provide informed consent, it is important to seek the help and guidance of a skilled Baltimore injury attorney. At Arfaa Law Group, we can analyze the facts of your case and determine whether you truly had a chance to make an informed decision about your health.

Under Maryland law, it is a physician’s duty to inform a patient of all potential benefits, risks and alternatives associated with the proposed procedure or course of treatment. This law is intended to give the patient all the information that would be needed to make an intelligent and informed decision about the treatment. It is important to note that a health care provider does not have to detail every possible risk associated with the treatment. Instead, the scope of disclosure is defined by what a hypothetical reasonable person would find material or important to the decision. A material risk is one which a physician knows or ought to know would be significant to a reasonable person in the patient’s position in deciding whether or not to submit to a particular medical treatment or procedure.

Steps to Filing a Maryland Malpractice Lawsuit

Published on: May 20, 2016 | by Arfaa Law Group

Unfortunately, medical malpractice claims are more common than you may think both in Maryland and throughout the United States. If you or someone close to you has been injured due to the negligence of a medical professional, it is important to seek the help and guidance of a Baltimore medical malpractice attorney who can assess the facts of your case. At Arfaa Law Group, we understand the nuances of this area of law and can help you seek the compensation you deserve for your harm.

Medical malpractice occurs when a medical professional fails to use the generally accepted level of care that another medical professional in the same specialty would have used in the same situation, resulting in harm to the patient. It is important to note that not every bad outcome in medicine is the result of medical malpractice. Some treatments or procedures are inherently risky, or the patient may experience routine complications.

Every state has its own laws and procedural rules governing medical malpractice. Under Maryland law, such claims must be filed before an arbitration board, so the case originates in Health Claims Arbitration. You must file a statement of claim, and within 90 days, you are required to provide a certificate of merit from a physician that states your claim has merit.

Joan Rivers Medical Malpractice Claim is Settled

Published on: May 13, 2016 | by Arfaa Law Group

We place a high level of trust in our health care providers, and in return we expect a high level of care and professionalism. If you or someone close to you has been harmed due to the mistake or negligence of a health care provider, it is imperative to contact an experienced Baltimore medical malpractice attorney who can give you an honest assessment of your case based on the facts.

In 2015, Melissa Rivers filed a medical malpractice claim in the State Supreme Court in Manhattan against the physicians who operated on her mother, the famous comedienne Joan Rivers. The lawsuit alleged that the physicians performed unauthorized medical procedures, took selfies with the patient, and failed to act as her vitals signs deteriorated. Earlier this month, that lawsuit was settled for an undisclosed amount.

Joan Rivers died on September 4, 2014. She went in for a routine endoscopy. At some point during the procedure, she stopped breathing and was taken to Mount Sinai Hospital, where she went into cardiac arrest. She was then placed into a medically induced coma and started on life support. The questionable part of the case was the amount of time the patient’s brain was without oxygen prior to being put into a coma.

Medical Errors are the Third-Leading Cause of Death in the United States

Published on: May 6, 2016 | by Arfaa Law Group

When we turn to health care professionals for help with our medical conditions, we expect to be in good hands. We trust that we will receive reliable care. Unfortunately, medical errors are extremely common in Maryland and throughout the country. If you or someone you know has been harmed due to a medical professional’s negligence, it is important to seek the help of a Baltimore medical malpractice attorney who can assess the merits of your case.

Earlier this month, USA Today reported that medical errors are the third-leading cause of deaths in the United States, behind heart disease and cancer. In fact, medical mistakes kill about 250,000 people a year. A well-known Johns Hopkins medical school professor conducted the study.

According to the Institute of Medicine study, medical negligence annually results in between 44,000 and 98,000 preventable deaths. In addition, the number of serious injuries caused by medical malpractice has been estimated to be in excess of one million per year throughout the country. It is important to note that death certificates in the U.S. do not denote if a person has died due to a medical error. Thus, the problem of medical malpractice-related deaths could be difficult to estimate.

What are the Most Common Types of Medical Malpractice?

Published on: April 29, 2016 | by Arfaa Law Group

Unfortunately, instances of medical malpractice are common. If you or someone close to you has been the victim of medical malpractice, it is important to speak to a qualified Baltimore attorney who can analyze the facts of your case.

Last month, we highlighted a study by Johns Hopkins researchers that found medical errors are the third-leading cause of death in the United States. But what are the most common types of malpractice? Diagnostic errors are at the top of the list. In fact, the study revealed that diagnostic mistakes accounted for the largest fraction of claims, the most serious patient harm, and the highest number of claim payouts. Diagnosis-related errors include a wrong diagnosis as well as a failure to diagnose.

The second most common type of malpractice involved medication errors. These include dispensing medication incorrectly, mismanaging medication, and improperly prescribing medication.

Expert Witnesses in Maryland Malpractice Cases

Published on: April 22, 2016 | by Arfaa Law Group

When you have been the victim of medical malpractice, it can be hard to know what to do next. Dealing with the harm is hard enough, and we know the last thing you want to think about is filing a lawsuit. At Arfaa Law Group, our compassionate Baltimore medical malpractice attorneys can analyze the facts of your case and advise you about how to proceed. We will try to make the process as seamless as possible for you.

Medical malpractice litigation often requires using expert witnesses. These witnesses are needed to educate the jury regarding complicated medical issues that often come up in a medical malpractice trial. Finding an expert can be extremely challenging, and the qualifications of the medical expert in your case will vary according to the facts of your case.

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.

The Importance of Procedural Rules in Maryland Arbitration Cases

Published on: April 8, 2016 | by Arfaa Law Group

In Castles of Love Assisted Living Homes, LLC v. Blanks, the court addressed the following question. Did the defendant fulfill Maryland Rule 15-403 by sending its notice of rejection of a health care arbitration award through regular mail as opposed to certified mail?

The facts of the case are as follows. The plaintiff resided at a nursing home from the year 2008 until she died. The plaintiff complained that, during her time at the home, she sustained a number of injuries and became mute due to an infection caused by a feeding tube. The plaintiff filed a negligence lawsuit against the nursing home and sought compensatory damages for more than $100,000.

As required by Maryland law, the case went through arbitration. The arbitration panel reviewed the facts of the case and ruled in favor of the plaintiff, awarding her $25,000 in non-economic damages and over $3,000 in arbitration expenses. The Health Care Arbitration Office (HCAO) sent a document to both parties detailing its ruling. Upon receiving the letter, the defendant responded to the HCAO, rejecting its decision. The defendant sent the letter to HCOA by certified mail and sent a copy of the letter to the plaintiff by regular mail.