Published by Arfaa Law Group
People who undergo surgical procedures in hospitals anticipate that they will receive attentive care, not only during the procedure but also after. It is not uncommon, though, for medical professionals to fail to closely monitor patients following surgical procedures to ensure timely intervention if complications arise. A recent Maryland medical malpractice case highlights the devastating consequences of failing to respond to postsurgical symptoms and what evidence an injured party must offer to demonstrate liability for such errors. If you were hurt by inadequate care in a hospital, it is smart to speak to a trusted Baltimore medical malpractice attorney about your rights.
History of the Case
It is alleged that the plaintiff underwent spinal surgery at a hospital in Maryland and was discharged shortly thereafter. The next day, he returned to the emergency room, reporting weakness in his legs. Medical staff performed certain evaluations but discharged him again with no imaging or surgical consultation. Later that same day, he was brought back to the hospital by ambulance, now unable to move his legs and exhibiting signs of serious neurologic decline.
It is reported that after this third visit, an MRI revealed a spinal epidural hematoma, a condition requiring emergency intervention. The plaintiff underwent a second surgical procedure, but by that time he had suffered permanent paralysis. The plaintiff filed a lawsuit alleging that the hospital and its staff breached the standard of care by failing to perform appropriate diagnostic tests and delaying surgical intervention.
Allegedly, the defendant hospital moved to dismiss the claims or obtain summary judgment, arguing that the plaintiff could not establish causation, given the complexity of spinal injuries and their potential to progress despite medical care. The trial court denied the motion, and the defendant appealed.
Causation and Breach of the Standard of Care in Medical Malpractice Cases
The court evaluated whether the plaintiff had presented sufficient expert testimony to support a finding that the hospital’s conduct breached the applicable standard of care and that this breach proximately caused the plaintiff’s injury. The court emphasized that medical malpractice claims in Maryland generally require expert medical testimony on both breach and causation unless the negligence is so obvious that lay jurors can evaluate it without expert guidance.
The plaintiff’s expert, a board-certified neurosurgeon, testified that the failure to perform imaging studies or consult a spine surgeon during the second emergency room visit fell below the accepted standards of care. The expert further stated that had imaging been done during that visit, the hematoma would have been diagnosed and treated before irreversible neurological damage occurred.
The court determined that this testimony created a triable issue of fact. It found that the jury could reasonably conclude that the delay in diagnosing and treating the spinal hematoma directly contributed to the plaintiff’s permanent injuries. Accordingly, the court ruled that the case should proceed to trial.
Call an Experienced Baltimore Medical Malpractice Lawyer for Trusted Legal Guidance
Hospitals must act swiftly and appropriately when presented with symptoms of serious postoperative complications, and if they fail to so do, it can result in permanent harm and legal liability. If you or a loved one has suffered because of a hospital’s failure to diagnose or treat a medical emergency, the knowledgeable Baltimore medical malpractice attorneys at Arfaa Law Group can help. Contact our office at (410) 889-1850 or fill out our online form to schedule a confidential consultation and learn more about your legal rights.