Medical Malpractice

State Supreme Court Holds Evidence of Marijuana Use Admissible in Medical Malpractice Case

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

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.

State Court of Appeals Affirms Dismissal of Malpractice Case Against Public Hospital

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

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.

When is Evidence of a Superseding Cause Allowed in Maryland Malpractice Cases?

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

In Copsey v. Park, the defendant physician negligently misread the patient’s MRI/MRA less than a week prior to his suffering a very serious, and eventually fatal, stroke. The surviving family members of the deceased filed a wrongful death claim against four treating physicians. Two of the defendants settled with the plaintiff out of court. The third physician was dismissed from the lawsuit, leaving only one treating physician as the sole defendant.

The trial court permitted the physician to present evidence showing that the other physicians who had treated the deceased were negligent. The court then gave the jury instructions on superseding causation at the conclusion of the trial.

Ultimately, however, the jury did not reach the question of superseding cause because they found the defendant physician’s reading of the MRI/MRA was not negligent. The jury thus found that the physician was not an actual or proximate cause of the patient’s death.

Intubation Errors in Maryland

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

Intubation refers to the placement of a flexible tube in the trachea of an individual to maintain an open airway. Intubation is often required in surgeries and medical emergencies so that the patient can receive oxygen. If you or a loved one has been injured due to an intubation mistake, our skilled Baltimore medical malpractice attorneys can help you seek compensation for your harm. At Arfaa Law Group, you can trust us to handle your intubation error lawsuit. With years of experience, we are well versed in every aspect of Maryland medical malpractice law and can use our knowledge in your case.

While intubation is commonly required, the sad reality is that intubation errors happen quite frequently. Intubation errors can take place in a variety of ways, including the incorrect placement of the tube into the esophagus, an incorrect assessment of the patient’s airway’s needs, the perforation of tissue with the tubing, the tube becoming disconnected or dislodged in a damaging way, or the tube being over-inflated.

Improper intubation can lead to a number of medical conditions, ranging from minor to severe, such as vocal cord paralysis, an injured or collapsed lung, nerve damage, anoxic or hypoxic brain damage, and injuries to the lips, mouth, or teeth, as well as stroke and even death.

Spinal Epidural Abscess Lawsuits in Maryland

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

If you or someone close to you has been harmed by a medical mistake, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can zealously advocate for you in virtually all types of medical malpractice claims, including spinal epidural abscess cases. We understand that these mistakes can result in significant and long-term injuries for the patient.

A spinal epidural abscess is a disorder caused by an infection in the area between the bones or discs of the spine. The infection is caused by bacteria or fungus, typically after a surgical procedure. As a result, it may be present in patients with a history of back surgery or other procedures involving the spine. Symptoms may include fever, back pain, bowel or bladder incontinence, and pain at the surgery site.

Failing to recognize the condition of epidural abscess may result in a serious spinal cord injury, such as partial quadriplegia. This is why a failure to diagnose a spinal abscess may form the basis of a medical malpractice lawsuit. This is because, in many cases, the infection could have been controlled, and the ultimate harm could have been prevented with proper treatment. Put another way, timely diagnosis is critical to prevent long-term harm.

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.