Articles Posted in Surgical Errors

In Maryland, defendants in medical malpractice claims will often try to divert blame to avoid liability. For example, they may attempt to assert that the plaintiff assumed the risk of the harm they ultimately suffered. The assumption of the risk defense only applies in limited circumstances, however, as discussed in a recent Maryland ruling in which the court rejected the defendant’s argument that said defense is valid in medical negligence claims. If you believe you have been harmed by medical negligence, it is important to understand your options, and you should talk to a Baltimore medical malpractice attorney promptly.

History of the Case

It is reported that the plaintiff underwent an elective outpatient colonoscopy performed by the defendant, during which a perforation of the plaintiff’s colon allegedly occurred. The plaintiff filed a medical malpractice lawsuit against the defendant, contending that this injury resulted from the defendant’s failure to adhere to the accepted standard of care. Specifically, the plaintiff alleged that the defendant did not employ an appropriate and careful technique, leading to serious complications, including severe pain, multiple surgeries, and permanent symptoms of Short Bowel Syndrome.

Reportedly, the plaintiff filed a motion in limine before trial to exclude any evidence related to informed consent, arguing that such evidence was irrelevant and could confuse the jury. The trial court granted the motion, barring the introduction of evidence that the defendant informed the plaintiff of potential complications associated with the procedure. The trial court also faced objections regarding the testimony of the plaintiff’s expert witness and motions to strike a juror for alleged bias and misconduct. Ultimately, the jury found in favor of the plaintiff, awarding damages for both medical expenses and non-economic harm. The defendant appealed. Continue Reading ›

Generally, plaintiffs in medical malpractice cases must pursue claims against all parties at the same time. While they have the right to amend their complaints to add additional defendants, they must do so within a certain timeframe. There are exceptions for good cause, though, that allow for later amendments. Recently, a Maryland court discussed what constitutes good cause in a case in which it ultimately granted the plaintiff’s request for leave to amend. If you suffered losses due to the carelessness of your healthcare provider, you may be able to recover damages in a civil lawsuit, and you should speak to a Baltimore medical malpractice attorney.

Factual History and Procedural Setting

It is alleged that the defendant doctor performed plastic surgery on the plaintiff at the defendant hospital in June 2021. Post-surgery, the plaintiff was moved to the post-anesthesia care unit and subsequently to the medical/surgical recovery floor, where he was attended to by three physician assistants. The plaintiff alleged that the doctor and hospital staff’s negligence led to him developing bilateral compartment syndrome in his legs, resulting in over 16 surgeries and more than $4 million in medical bills. As such, in December 2022, the plaintiff filed a medical malpractice complaint against multiple defendants, including a doctor and a hospital.

Allegedly, in January 2023, the plaintiff filed an amended complaint reiterating the claims of medical malpractice against the defendant doctor, the defendant doctor’s practice, and the defendant hospital. Later, the hospital produced a document signed by the doctor indicating his supervisory role over the physician assistants. This document emerged months after the deadline for joining new parties or amending pleadings had passed. Continue Reading ›

While there are risks associated with any procedure, some harm that arises following surgery is not caused by a known danger but is instead the result of errors made by the surgeon during the procedure. Such mistakes can lead to devastating injuries that, in some cases, are unfortunately fatal. People who lose loved ones because of such negligence can often recover substantial damages, as demonstrated by a recent Maryland verdict. If you have questions about your right to pursue claims against a reckless healthcare provider, it is wise to talk to a Baltimore medical malpractice attorney as soon as possible.

Facts of the Case

It is reported that a Maryland jury awarded over $8 million to the family of a man who died from complications following surgery at a Maryland hospital in 2019. The verdict was reached after an eight-day Circuit Court trial. The case centered on the decedent’s surgical procedure, which was performed to remove the man’s left kidney due to a growth. The surgery, initially laparoscopic, was converted to an open procedure during which his colon was accidentally perforated. This injury went unrecognized by the operating physicians at the time.

Parties in medical malpractice cases typically rely heavily on expert testimony and other evidence to establish their positions; if a party is precluded from offering certain evidence, they may be unable to prove their assertions. As such, it is not uncommon for parties in medical malpractice cases to file motions in limine prior to trial, asking the courts to limit what evidence their opponents are permitted to introduce. In a recent Maryland medical malpractice case arising out of a negligently performed spinal surgery, a court explained the grounds for granting motions in limine. If you were injured due to the carelessness of your surgeon, it is wise to confer with a Maryland medical malpractice attorney about what claims you may be able to pursue.

The History of the Case

Allegedly, the defendant performed a lumbar endoscopic discectomy on the plaintiff. The plaintiff experienced extreme pain following the procedure. During a surgical follow-up visit, the defendant advised the plaintiff that she may have re-herniated one of the discs he repaired and that she had residual scar tissue surrounding her spine. The plaintiff underwent two additional procedures on her back that were performed by other physicians but continued to experience pain.

In medical malpractice cases, parties not only have to establish their respective positions but also must abide by any applicable rules of procedure. If they fail to do so, they may waive the right to assert claims or defenses. This was illustrated in a recent opinion issued in a medical malpractice case in which the court ruled that the defendant’s objection to the timeliness of the plaintiff’s appeal was itself untimely. If you suffered harm due to negligent medical care, it is advisable to contact a Maryland medical malpractice attorney as soon as possible to avoid waiving your right to pursue claims.

Procedural Background of the Case

It is reported that the plaintiff underwent abdominal surgeries at the defendant’s hospital in 2016 and 2017. Following the surgeries, she suffered numerous issues, including swelling and pain. She asserted that the defendant’s doctors performed unnecessary procedures and submitted a complaint to the hospital’s patient advocate seeking compensation, but it denied her request.

Allegedly, the plaintiff then filed a medical malpractice case against the defendant. The court dismissed it with prejudice, and she appealed. She sought to appeal the dismissal but did not file her notice within the time required, and the court dismissed it as untimely. She then sought leave to file a new medical malpractice complaint against the defendant. The court denied her motion, and she appealed. The defendant objected to her appeal as untimely. Continue Reading ›

In Maryland, claims alleging medical malpractice must be filed within the time constraints set forth by the pertinent statute of limitations. Otherwise, the injured party may waive the right to recover damages. In cases involving claims against a federally funded facility, in addition to filing a lawsuit within the allotted time, a plaintiff must also file claims with the appropriate federal agency within two years of the alleged harm as well. There are some exceptions to this rule, such as when the patient continues to treat with the defendant health care provider following the date of the wrongful act, as shown in a recent Maryland malpractice case. If you were hurt by negligent medical care you might be owed damages, but you must act promptly. It is wise, therefore, to confer with a seasoned Maryland medical malpractice attorney as soon as possible.

The Plaintiff’s Treatment and Procedural History

It is reported that the plaintiff underwent multiple surgeries after he was shot several times in the abdomen. He was then incarcerated. Following his incarceration, he noticed a metal wire protruding from his surgical site. He repeatedly complained about the wire to the defendants but was not granted a surgical consultation. At one point, an examination was scheduled, but it was ultimately canceled. He made several additional requests for a consultation, and approximately two years after his initial request, he underwent a procedure to remove the wires.

Allegedly, the plaintiff filed a lawsuit against the defendants, which he later amended to include both civil rights violations and medical malpractice claims. Then, four years after his initial pleading but two years after his surgery to remove the wires, he filed an administrative claim with the appropriate agency pursuant to the Federal Tort Claims Act (FTCA), as the defendants were federal employees. The defendants filed a motion to dismiss, arguing the plaintiff’s claims were time-barred. Continue Reading ›

In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. Simply because a patient suffers harm, however, does not mean that the doctor should be liable for negligence. This was discussed in a medical malpractice case recently decided by the United States District Court for the District of Maryland. The court found in favor of the defendant orthopedic surgeon. If you suffered harm during surgery, it is prudent to meet with a zealous Maryland malpractice attorney to discuss what you must prove to recover damages.

Factual Background

It is reported that the plaintiff underwent a carpal tunnel release surgery that was performed by an agent of the defendant. During the surgery, the defendant’s agent lacerated the plaintiff’s median nerve, causing her injuries. The plaintiff and her husband subsequently filed a medical malpractice lawsuit against the defendant. Following a bench trial, a verdict was issued in favor of the defendant. The plaintiff appealed.

Evidence Sufficient to Prove a Breach of the Standard of Care

Pursuant to Maryland law, a plaintiff seeking damages in a medical malpractice case must establish the standard of care required at the time the medical care was provided, a breach of the standard of care by the defendant, and an injury caused by the breach. Expert testimony is usually required to prove medical negligence. Continue Reading ›