Medical Malpractice

The Concept of ‘Respondeat Superior’ in Maryland Medical Malpractice Cases

Published on: November 7, 2016 | by Arfaa Law Group

Medical malpractice claims are common in Maryland and throughout the United States. These claims are intended to hold negligent health care providers accountable for the harm that they cause. If you or someone close to you has been hurt due to a medical professional’s error or carelessness, we can help. At the Arfaa Law Group, our skilled Baltimore medical malpractice attorneys have years of experience helping clients seek the compensation they deserve for their harm.

Medical malpractice claims are not strictly limited to your physician. In fact, they can be brought against nurses, dentists, osteopaths, chiropractors, and virtually any other health care provider. In order to establish medical malpractice, the plaintiff must show that the health care provider failed to follow the standard of care that another health care provider in the same specialty would have followed under the same or similar circumstances.

Falls in Maryland Hospitals

Published on: November 2, 2016 | by Arfaa Law Group

Making sure patients are safe is the responsibility of any health care provider. Unfortunately, each year, many patients in Maryland and throughout the United States are injured in falls that could have been prevented. These falls can seriously injure patients and interfere with their ability to make a full recovery. In fact, the fall can create entirely new medical problems for the patients. If you or someone close to you has been hurt in a fall in a hospital setting, it is important to seek the help and guidance of a skilled Baltimore medical malpractice attorney.

According to the Agency for Healthcare Research and Quality, up to 40 percent of all hospital accidents are falls that could have been prevented. A report by the New England Journal of Internal Medicine highlighted that between 2.3 and seven falls happen for every 1,000 patients in hospitals. In Maryland, hospitals are required to report serious ‘adverse events’ to the Maryland Office of Health Care Quality. Level 1 adverse events are the most serious category of adverse events. The most frequently reported adverse event for 2009 was falls, comprising 52 of the Level 1 adverse events. Fourteen of these falls resulted in death.

Physician Communication Errors in Maryland

Published on: October 25, 2016 | by Arfaa Law Group

When you go to see a doctor or any other health care provider, you expect competent care. The unfortunate truth of the matter is that medical errors, including communication errors, take place all the time. In some cases, these errors leave the patient’s condition untreated, while in other cases, they make the patient’s condition worse. If a medical professional has injured you or someone you love due to a communication failure, you may be entitled to compensation through a medical malpractice claim.

Unfortunately, communication errors are a common form of medical malpractice. One report, entitled “Malpractice Risks in Communication Failures,” found that communication failures in the health care setting could be linked to many deaths each year. In fact, nearly 2,000 patient deaths and $1.7 billion in malpractice costs could have been avoided if there had been better communication between medical professionals and patients.

EMT Negligence in Maryland

Published on: October 19, 2016 | by Arfaa Law Group

Paramedics and emergency medical technicians (EMTs) are first responders responsible for providing urgent medical care in emergency settings. We expect EMTs to improve the situation, not make it worse. If you or someone close to you has been injured due to the negligence of an EMT, we can help. At Arfaa Law Group, our EMT error lawyers can scrutinize the facts of your case and provide you with an honest assessment of your claim.

In some cases, EMTs and first responders may have some immunity from lawsuits for good-faith efforts to revive a patient or treat serious wounds. However, they can still be sued for medical malpractice if they act or fail to act in certain ways. EMT errors can cause a patient to sustain further injuries or illnesses beyond those they were originally suffering. Examples of such errors include but are not limited to:

Failing to respond in a timely manner;
Failing to bring or use the correct equipment;
Making medication mistakes;
Failing to administer oxygen;
Failing to identify life-threatening conditions that need prompt action;
Failing to keep the ambulance equipment in functioning order; or
Failing to adhere to evaluation or treatment procedures.

Maryland Medical Malpractice Lawsuits against Chiropractors

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

According to the American Chiropractic Association, Americans spend at least $50 billion each year on back pain. Back pain can interrupt many aspects of an individual’s day-to-day life, which is why many will turn to a chiropractor for help. While chiropractors offer medical treatment for more than just back pain, this is the reason why many patients initially visit. When you consult a chiropractor, you expect that your condition will improve, not get worse. Unfortunately, chiropractic malpractice happens quite often in Maryland and throughout the United States. If you or someone close to you has been injured due to a chiropractor’s negligence, it is important to seek the help and guidance of a skilled Baltimore medical malpractice attorney.

Chiropractic work is a form of alternative medicine. A chiropractor is a health care professional focused on the diagnosis and treatment of misalignments of the joints. Specifically, chiropractors treat patients through manual adjustment or manipulation of the spine, which often is related to other disorders affecting the nerves, muscles, and organs. Most chiropractors aim to reduce pain and improve the functionality of patients.

Providing Adequate Medical Care to Deaf Patients in Maryland

Published on: September 28, 2016 | by Arfaa Law Group

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.

Colonoscopy Errors in Maryland

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

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.

Drug Allergies and Medical Malpractice in Maryland

Published on: September 14, 2016 | by Arfaa Law Group

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.

Sepsis Maryland Malpractice Cases

Published on: September 7, 2016 | by Arfaa Law Group

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.

What are “Never Events” in the Context of Maryland Medical Malpractice Law?

Published on: August 23, 2016 | by Arfaa Law Group

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.