Baltimore Medical Malpractice Lawyer Blog

Summary Judgment in a Maryland Medical Malpractice Case

Published on: September 25, 2017 | by Arfaa Law Group

If you or someone close to you has been harmed by a physician’s negligence in a hospital setting, we can help. At Arfaa Law Group, our Baltimore hospital negligence attorneys understand how to navigate these types of claims and can put our knowledge to use in your case. You can rest assured that we will scrutinize the facts of your case and come up with a strategy to effectively respond to any motions for summary judgment that you may face in the process.

Under Maryland law, a party is entitled to summary judgment only when there is “no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” Put another way, the proponent of summary judgment must make a prima facie showing of their entitlement to summary judgment as a matter of law by demonstrating the absence of any material issues of fact in the case. Essentially, summary judgment is appropriate when the moving party establishes that the opposing party cannot win, even if all credibility conflicts are resolved in the opposing party’s favor. For instance, if a jurisdiction requires the plaintiff in a medical malpractice claim to produce an expert witness to establish the case, summary judgment may be proper if a plaintiff cannot produce a qualified expert.

This is actually what happened in the case of Hannon, et al. v. Mercy Medical Center, in which the Court of Special Appeals of Maryland affirmed the trial court granting summary judgment to the defendants in a Maryland medical malpractice case, prior to the scheduled trial, holding that the plaintiff failed to secure a medical expert to testify on their behalf during trial. This was sufficient reason for the trial court to grant the defendant’s motion for summary judgment.

Medication Errors on the Rise in Maryland and Elsewhere

Published on: September 18, 2017 | by Arfaa Law Group

Health care providers, such as doctors and nurses, play a vital role in a patient’s treatment and recovery. When these health care providers make a medication error, it can have serious and long-term consequences for a patient’s health. If you or someone close to you was adversely affected by a medication error, you may be able to hold the at-fault party accountable and recover compensation for your harm. At Arfaa Law Group, our Baltimore prescription error attorneys can explore the facts of your case and advise you of your legal rights and options accordingly.

A recent study published by Clinical Toxicology reported that medication errors leading to adverse outcomes have doubled from the year 2000 to 2012. Unfortunately, medical professionals are responsible for 1.5 million medication errors each year in the United States, according to a report by The Institute of Medicine of the National Academics. These errors are often injurious to patients, leading to emergency situations, hospital stays, and, in some cases, even death. In fact, more people die each year from medication errors than from workplace injuries, as highlighted by the National Coordinating Council for Medication Error Reporting and Prevention.

Overall, the most common types of medication mistakes involved taking or giving the wrong medication or an incorrect dosage, as well as accidentally taking or giving the medication twice. These medication errors were also very common among children. Approximately one-third of medication errors resulted in hospital admission.

Reasonable Physician Test Applies in Maryland Medical Malpractice Cases

Published on: September 12, 2017 | by Arfaa Law Group

If you have been injured due to a surgeon’s negligence, it is important to reach out to a seasoned Baltimore surgical malpractice attorney who can evaluate the facts of your case. At Arfaa Law Group, we understand how important is it to keep ourselves informed about medical malpractice law so that we can come up with an effective legal strategy in your case. With years of experience, you can rest assured that we know how to navigate these types of cases.

In a recent decision, the Court of Special Appeals of Maryland, Maryland’s intermediate appellate court, held that the trial court erred by giving jury instructions on negligence that led jurors to assess the physician’s conduct in a medical malpractice case from a reasonable person standpoint. Jurors in medical malpractice cases must assess not how a reasonable person would have treated the patient but instead what a reasonable medical professional in the same specialty should have done under the same or similar circumstances.

After years of neck and shoulder pain, the plaintiff in this case sought help from the defendant neurosurgeon. At that time, they discussed both surgical and nonsurgical treatments. The plaintiff agreed to the surgeon’s recommendation of a four-level anterior cervical discectomy and fusion surgery. The plaintiff’s recovery went well, but there were subsequent complications. The plaintiff ultimately filed a claim against the surgeon for malpractice and failure to obtain informed consent.

Failure to Maintain Blood Pressure During or After Surgery in Maryland

Published on: September 6, 2017 | by Arfaa Law Group

Surgery is daunting and stressful enough without the prospect of something going wrong. A patient’s blood pressure should be monitored during and after surgery to make sure it does not reach unsafe levels, which can cause serious health risks. If you or someone close to you has been injured due to a medical professional’s failure to maintain blood pressure, you need to seek the help of a seasoned Baltimore medical negligence attorney who can assess the merits of your case.

Blood pressure measures the force of the heart pump at delivering oxygen-rich blood to the tissues. When blood pressure is too high, the heart has to work too hard to deliver blood. When blood pressure is too low, the heart is not pushing blood through the body with enough force for sufficient blood circulation. During a surgical procedure, anesthesiologists must monitor patients’ blood pressure to make sure it remains steady and stable. When blood pressure is not properly monitored, parts of your body may not be getting enough blood, leading to paralysis or amputations. After surgery, patients need to be monitored to avoid potentially lethal post-op complications.

The failure of an anesthesiologist to act reasonably may be considered medical malpractice if it results in harm to the patient. Put another way, medical malpractice occurs when a health care provider causes an injury or death to a patient by failing to act how a reasonably prudent health care provider in the same specialty would have acted in the same or similar circumstances. The causal connection between the health care provider’s actions or lack thereof and the harm suffered by the patient is typically the key to winning these cases.

Kidney Disease Malpractice in Maryland

Published on: August 25, 2017 | by Arfaa Law Group

Kidney disease can have serious consequences for a person’s life. Not only can kidney disease make you very sick, but also, in the most serious cases, it can result in death. If a medical professional caused or worsened your kidney disease due to an error or carelessness, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can thoroughly examine the facts of your case and determine whether malpractice took place.

Many cases of advanced kidney failure are preventable or treatable if they are properly diagnosed and treated. Kidney disease is often difficult to identify, since it can be largely asymptomatic in the early stages. As a result, kidney disease can often sneak up on a person, and sometimes it is not detected until it is too late. This is why it is imperative for a physician to be vigilant and refer you to a kidney specialist as soon as there are any signs of a potential problem, such as protein in a person’s urine.

If your doctor failed to diagnose or treat your condition, the doctor may have committed medical malpractice. Medical malpractice occurs when medical professionals fail to provide a reasonable standard of care, and that failure results in harm to a patient. Providing a “reasonable” standard of care does not mean that the doctor has to order every possible test. Instead, the doctor must be as competent as another doctor in the same specialty would have been under the same circumstances. In order to establish malpractice, the plaintiff must show the following elements:

Brain Hemorrhage Malpractice in Maryland

Published on: August 21, 2017 | by Arfaa Law Group

A brain hemorrhage can lead to serious injuries in a patient. This is why it is critical for medical professionals to correctly identify and treat brain hemorrhages in a timely manner. If you or someone you know was a victim of a medical error pertaining to a brain hemorrhage, you need to reach out to a seasoned Baltimore medical malpractice attorney as soon as possible. At Arfaa Law Group, we are committed to holding negligent medical professionals accountable for the harm that they cause.

A brain hemorrhage is a type of stroke caused by an artery in the brain bursting and causing localized bleeding in the surrounding tissues. This type of bleeding is extremely dangerous because it kills brain cells. Among other causes, a brain hemorrhage can be spontaneous as a result of a broken blood vessel or aneurysm, or it can be caused by a traumatic brain injury. Of course, there may be other causes as well, such as high blood pressure, blood vessel abnormalities, blood or bleeding disorders, liver diseases, and brain tumors. Brain hemorrhages are more common than you may think. In fact, they account for 13 percent of all strokes.

Physicians are trained to identify or at lease suspect a brain hemorrhage when patients present certain signs and symptoms of the condition. Timely diagnosis and treatment is critical to prevent permanent injuries. When a physician or hospital fails to diagnose such a condition properly, they may be liable for medical malpractice. Medical malpractice occurs when a medical professionals fails to adhere to the level of care that another medical professional in the same specialty would have followed under the same or similar circumstances, causing injuries or death to the patient. For example, in patients with certain bleeding disorders, a failure to give or monitor platelets and a resulting brain hemorrhage can cause significant brain damage. Therefore, a prudent physician would know this and act accordingly.

Gynecology Malpractice in Maryland

Published on: August 11, 2017 | by Arfaa Law Group

Most women will need some type of gynecological care at some point in their lives. If you or someone you know was injured due to the negligence of a gynecologist, an experienced Baltimore medical malpractice attorney can help you understand your rights. At Arfaa Law Group, we are committed to getting our Maryland clients the compensation they deserve for their harm.

Gynecology concerns the diagnosis, investigation, and treatment of disorders related to the female reproductive system. This includes reproductive organ health, pregnancy, and prenatal care. Gynecological errors can happen in a variety of ways, including:

Failures to timely diagnose breast, uterine, or cervical cancers;

Deep Vein Thrombosis and Medical Malpractice in Maryland

Published on: August 4, 2017 | by Arfaa Law Group

If you believe that you or your loved one has suffered from medical negligence in regard to deep vein thrombosis (DVT), it is important to reach out to a skilled Baltimore medical malpractice attorney who can help. At Arfaa Law Group, we can examine the circumstances of your DVT and help you explore your legal rights and options.

According to the Mayo Clinic, DVT takes place when a blood clot forms in one or more of the deep veins in a person’s body, typically in the legs, although it can also develop in the lower part of the body below the pelvis. DVT can cause leg pain and swelling, but it can also occur without any symptoms. While DVT can sometimes resolve on its own, DVT can be life-threatening if the blood clot dislodges and travels to the lungs, which is a condition known as a pulmonary embolism (PE). A pulmonary embolism can be fatal because it blocks the artery in the lung, cutting off the blood supply completely. A smaller clot can reduce blood flow and cause damage to the lung tissue.

The Centers for Disease Control and Prevention (CDC) reveals that while the precise number of people affected by DVT/PE is unknown, as many as 900,000 could be affected each year in the United States. The CDC also estimates that 60,000 to 100,000 people die of DVT/PE each year. Of these deaths, 10 to 30 percent of people will die within one month of the diagnosis. Sudden death is the first symptom in approximately one-quarter of people who have PE.

Cataract Surgery Malpractice in Maryland

Published on: July 24, 2017 | by Arfaa Law Group

Each year, over two million cataract surgeries are performed in the United States, making it one of the most common procedures in the country. While most of these surgeries go well, some actually end up worsening a patient’s condition instead of improving it. If you or someone close to you has experienced deterioration of vision after cataract surgery, it is important to reach out to a skilled Baltimore medical malpractice attorney who can protect your rights and help you seek the compensation you deserve for your harm.

According to the Mayo Clinic, cataract surgery is a procedure to remove the lens of your eye and, in most cases, replace it with an artificial lens. A cataract causes the lens of a person’s eye, which is typically clear, to become cloudy. This can significantly affect a person’s vision. Over an extended period of time, cataracts can cause loss of vision. An ophthalmologist performs cataract surgery on an outpatient basis.

As mentioned earlier, cataract surgery is extremely common and is generally safe. However, the following complications can arise: bleeding, infection, glaucoma, hemorrhage, loss of vision, retinal detachment, secondary cataract, or excessive swelling. Of course, this list is not exhaustive. When a patient suffers an adverse outcome from cataract surgery, many times, further treatment or surgery is needed to correct the problem.

Aortic Aneurysm Malpractice in Maryland

Published on: July 17, 2017 | by Arfaa Law Group

Aneurysms commonly occur in the aorta. Unfortunately, aortic aneurysms are often subjects of medical malpractice cases. When doctors fail to properly diagnose or treat an aortic aneurysm, the consequences can be extremely serious, even life-threatening. If you or your loved one has suffered harm because a doctor failed to diagnose or treat an aortic aneurysm properly, we can help. At Arfaa Law Group, our seasoned Baltimore medical malpractice attorney can evaluate the facts of your case and determine the strength of your claim.

An aneurysm is an area of a blood vessel wall that has weakened and bulged outward. An aortic aneurysm is a ballooning or protruding of a section in the wall of the aorta caused by a tear or weak spot. The aorta can be enlarged to greater than 1.5 times its normal size. The aorta is the body’s largest artery and carries oxygen-rich blood from the heart to the rest of the body. Since the section with the aneurysm is overstretched, it can burst or rupture. Once an aneurysm ruptures, the condition becomes life-threatening for the patient.

Medical professionals are trained to recognize the signs associated with aortic aneurysms, but they often do not. Injuries to a patient can result when a physician fails to recognize symptoms or simply dismisses them. Harm can also occur when a physician fails to order the appropriate tests or prematurely discharges a patient from the emergency room.