Published by Arfaa Law Group
When people visit the emergency department of a hospital, they anticipate that they will receive an accurate diagnosis and timely and appropriate treatment. Sadly, though, it is not uncommon for emergency room physicians to overlook things like fractures, which usually results in exacerbation of the injury and other complications. When faced with medical malpractice claims, doctors who make such mistakes may attempt to shift blame to their injured patients, but as shown in a recent Maryland case, that can be challenging. If you were hurt by a doctor’s oversights, it is in your best interest to confer with a Baltimore medical malpractice attorney about your possible claims.
Fact of the Case and Procedural Setting
It is alleged that the plaintiff brought a medical malpractice action against the defendant, a physician, alleging negligence in diagnosing a fracture in her left foot when she visited the emergency department in July 2020. The plaintiff was diagnosed with a foot sprain, even though a fracture was visible on the x-ray, and was discharged without a cast or immobilizer. She later suffered a displaced fracture, which required surgery, which she claimed would have been avoidable if she received a proper diagnosis initially.
Reportedly, the defendant did not dispute the misdiagnosis but raised contributory negligence as a defense, arguing that the plaintiff failed to follow discharge instructions, which advised her to schedule a follow-up or return to the emergency department if her symptoms worsened. The plaintiff, experiencing worsening pain, did not seek further treatment until July 24, 2020, when the fracture was discovered. The defendant contended that the plaintiff’s failure to follow instructions contributed to the displacement. The plaintiff moved to preclude the defendant from relying on contributory negligence at trial.
Contributory Negligence in Medical Malpractice Cases
On review, the court analyzed whether contributory negligence could apply to the plaintiff’s failure to follow discharge instructions. In doing so, it explained that under Maryland law, establishing contributory negligence in medical malpractice requires proof that a patient was given clear instructions and failed to appreciate the risks involved by not following them.
Here, the court found that the general instructions given to the plaintiff—based on an incorrect diagnosis of a sprain—did not sufficiently convey the risk of walking or weight-bearing on her foot, which could have led to displacement. Further, the defendant’s expert testified that the fracture was likely already displaced by the time of the plaintiff’s initial visit, making her later actions irrelevant. The court ruled, therefore, that the defendant failed to meet the burden of proving contributory negligence.
However, the court allowed that the plaintiff’s delay in seeking treatment could be relevant to mitigating damages, specifically regarding any pain and suffering between the initial discharge and her return on July 24. The court emphasized that this would not be characterized as contributory negligence but rather as a potential failure to mitigate damages. Accordingly, the court granted the plaintiff’s motion to preclude contributory negligence as a defense but allowed the issue of her delay in seeking treatment to be considered in the mitigation of damages for that period.
Speak with a Knowledgeable Baltimore Medical Malpractice Lawyer
If you suffered injuries because of a delayed or missed diagnosis, you have the right to pursue damages in a medical malpractice lawsuit, and you should speak with an attorney. The knowledgeable Baltimore medical malpractice attorneys at Arfaa Law Group can evaluate your harm and guide you through the process of pursuing any compensation available. You can reach us via our online form or by calling us at (410) 889-1850 to arrange a conference.