Baltimore Medical Malpractice Lawyer Blog

Surgery Centers Do Not Have to Report Deaths in Over a Dozen States

Published on: August 20, 2018 | by Arfaa Law Group

When people go to a surgery center to have a procedure done, they expect the safety of a hospital. Unfortunately, they do not always get that. Surgery centers differ vastly when it comes to resources and oversight and this often impacts the level of care patients receive. If you have been injured or someone you know has died during or after a procedure at a surgery center, you need to reach out to a seasoned Baltimore surgery malpractice attorney as soon as possible. At Arfaa Law Group, we are dedicated to protecting the rights of Maryland medical malpractice victims.

A recent investigation conducted by the USA Today Network and Kaiser Health News found that 17 states have no mandate to report patient deaths after surgery center care. As such, no facility oversight authority has scrutinized whether the deaths were a statistical irregularity or cause for concern.

Essentially, the report discovered that surgery centers operate under such an inconsistent mix of rules and regulations across the United States that death or serious injuries can result in no warning being issued to government officials, much less to potential patients. The lack of oversight allows centers hit with tough federal sanctions to keep operating. In fact, no rule stops a surgeon fired from a hospital for any wrongdoing from opening his or her own surgery center nearby. This gap in oversight continues even as the nation’s 5,600 surgery centers have surpassed hospitals in number and taken on increasingly difficult surgeries.

Radiologists Among Most Sued Medical Professionals, Study Says

Published on: August 14, 2018 | by Arfaa Law Group

A correct and timely diagnosis often depends on the accurate and timely interpretation of radiology reports. Unfortunately, this does not always happen. If you have been injured due to a radiology error, we may be able to help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can investigate every aspect of your case and help you understand your legal rights and options accordingly.Radiologists are involved in 15 percent of diagnosis-related medical malpractice lawsuits, second only to those involving general medicine medical professionals, according to a new report produced by Boston-based medical professional liability insurer Coverys. The report analyzed more than 10,000 claims, identifying a total of 595 radiology-related malpractice claims from 2013 to 2017. The data show that 80 percent of all diagnosis-related claims stem from the misinterpretation of clinical tests. In addition, 80 percent of missed diagnosis lawsuits in radiology involve either permanent injury or death to the patient.

Radiologists play a critical role in correctly and accurately diagnosing patients. Among those radiology claims alleging diagnostic failure, cancer misdiagnoses were the most common, according to the report, with breast, lung, pancreatic, and ovarian cancers being the most prevalent.

Maryland Court Rejects Malpractice Award Based on Patient’s Suicide

Published on: August 7, 2018 | by Arfaa Law Group

If you believe that you have been a victim of a medical professional’s mistake, you need a seasoned Baltimore medical malpractice attorney who will fight to get you the best possible result. Determining whether you have a viable medical malpractice claim is not easy, but having a skilled attorney on your side can make a huge difference in your case.Last month, Maryland’s highest court tossed a $2.3 million jury verdict in a lawsuit accusing a psychiatrist and a hospital of improperly discharging a mental health patient who committed suicide on the following day, reasoning that a doctor who discharges an involuntarily admitted patient in good faith is immune from civil liability.

The Maryland Mental Health Law provides criteria for the involuntary admission of an individual to a mental health facility and a process for evaluating whether the individual meets those criteria. Hospitals, as well as their employees, have civil and criminal immunity when they follow the process in good faith. The process starts with the initiation application for involuntary admission and concludes upon a hearing officer’s decision whether to admit or release that person. If the doctor followed statutory criteria and made the decision to release an individual in good faith, that decision cannot form the basis of a jury verdict for medical malpractice.

Maryland Hospital Errors Have Decreased

Published on: July 24, 2018 | by Arfaa Law Group

As a society, we put great trust in medical professionals to help us to get better. If you or someone close to you has been injured at a hospital due to a medical professional’s negligence, we can help. At Arfaa Law Group, our highly skilled hospital negligence attorneys will examine the facts of your case and provide you with an honest assessment of your claim.

A recent study by the Leapfrog Group found that hospital errors have decreased from 2016-2017. The study used a wide range of sources, including Medicare; the American Hospital Association and surveys that the hospitals filled out on a voluntary basis to compile its data. After being ranked in the bottom five of the country’s safest hospitals, the state of Maryland has taken proactive steps to improve its safety rating by reducing medical mistakes and preventing injuries and infections. According to the Leapfrog Group’s evaluation, the safety measures did take Maryland out of the bottom five; however, there is still room for improvement.

Leapfrog assigned Maryland hospitals letter grades based on a range of patient safety measures. In the last assessment, only one of the state’s 44 hospitals earned an A, while seven received a B. The majority earned a C, while eight got a D and one even received an F. According to the most recent assessment, ten hospitals in Maryland have improved their grades. However, the majority of hospitals still received a grade of C or below, indicating the work that still needs to be done.

Jury Awards Nearly $30 million for Woman’s Death in Medical Malpractice Case

Published on: July 17, 2018 | by Arfaa Law Group

It is estimated that almost 100,000 people in the United States die every year due to medical malpractice. If you have lost a loved one due to a medical professional’s negligence, you need to reach out to a skilled Baltimore wrongful death attorney who can provide you with reliable legal advice.

Forty-year-old C.D. died in Iowa after having a reaction to dye used for a routine CT scan in June of 2015. C.D. was at a local hospital to receive a CT scan. She had an allergic reaction to the contrast dye given to her for the scan and went into anaphylactic shock and lost consciousness. The plaintiffs in the case allege that the doctor was negligent in his treatment of C.D. because he failed to immediately take her vital signs and did not administer epinephrine, which could have reversed the anaphylactic shock. In short, the plaintiffs sued the doctor claiming his negligence cause C.D.’s death.

The doctor and the hospital denied the negligence claims and the case went to trial.

Distracted Doctors Can Make Serious Medical Mistakes in Maryland

Published on: July 10, 2018 | by Arfaa Law Group

Distracted doctoring is a growing patient safety issue that can jeopardize patient health. While smartphones can undoubtedly offer improved communication and quick data access for medical professionals, these devices can also be a distraction. If you or someone close to you has suffered harm due to distracted doctoring, you may be entitled to compensation for your harm. At Arfaa Law Group, our highly skilled Baltimore medical malpractice team can help you navigate these challenging cases.

A doctor engages in “distracted doctoring” when he or she takes attention away from a patient. As doctors use more devices, the potential for distraction grows. In fact, it has become more and more common for medical professionals to be texting, surfing the Internet and even posting on Facebook while busy in surgery. Consider the following. In a 2010 peer-reviewed survey of 439 medical practitioners involved in performing cardiopulmonary bypasses, more than 50 percent admited to using a cellphone during the procedure. Specifically, nearly half acknowledged sending text message and nearly a quarter reported to accessing email while performing the surgery.

In addition to affecting individual efficiency, smartphones can also interfere with highly technical medical equipment. These devices can introduce viruses and bacteria into the space, which can pose infection hazards. To minimize some of these risks, some medical facilities have chosen to limit the use of electronic devices in certain settings.

Malpractice Due to Physician Burnout in Maryland

Published on: July 3, 2018 | by Arfaa Law Group

Physician burnout is an increasingly common issue in healthcare that can seriously jeopardize a patient’s health. If you believe that you suffered harm due to a medical professional’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, our seasoned Baltimore medical malpractice team can help you understand your legal rights and options. With extensive experience, we understand the nuances of this area of law.

Physician burnout is a serious epidemic in the United States. Burnout among physicians generally refers to a loss of enthusiasm for one’s work, a decline in satisfaction and joy and an increase in detachment, emotional exhaustion and cynicism. In short, burnout is a state of chronic stress. According to one study, nearly two-thirds of U.S. doctors experience burnout, depression or both. These results are consistent with a prior study conduced by the Mayo Clinic that found that about 46 percent of the 7,200 doctors surveyed showed signs of burnout. The rate was 10 percent higher than the rest of the population. Research shows that doctors who suffer from burnout take less interest in their patients, are less empathic and are more prone to mistakes.

Burnout is often the underlying cause of medical mistakes that can lead to serious patient harm. If a doctor’s error, misconduct or wrongdoing causes patient injury or death, that doctor may be liable under a medical malpractice claim. Medical malpractice occurs when a medical professional, by act or omission, fails to adhere to the accepted standard of practice in the medical community and causes injury or death to the patient. In all medical malpractice cases, the doctor’s deviation from the appropriate standard of care must have been a direct cause of the patient’s harm. In other words, a harmless error is not compensable under the law. To establish medical malpractice, the plaintiff must demonstrate the following criteria:

Maryland’s Top Court to Decide Whether Physicians Should be Held to “Reasonable Person” Standard

Published on: June 28, 2018 | by Arfaa Law Group

When you seek medical attention of any kind, you expect to receive competent care. If you or someone close to you has been injured due to a medical professional’s negligence, you may be able to recover compensation through a medical malpractice claim. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys understand this area of law and can help you explore your legal rights and options.

Medical malpractice laws are always changing, and it is imperative for your attorney to be aware of legal developments that may affect your case. Consider the following. A pending decision by Maryland’s highest court could change the standard that jurors will be instructed to use in assessing these cases.

For over a century, negligence in Maryland medical malpractice cases has been guided by the “reasonably competent” physician standard of care – a standard of which juries and judges are informed through expert testimony. However, in the case of Armacost v. Davis, a Baltimore County Court judge permitted jurors to also consider what a layperson would deem reasonable under the circumstances.

Women Left Brain Damaged After Cosmetic Surgery; Doctor Sued for Malpractice

Published on: June 21, 2018 | by Arfaa Law Group

Cosmetic and plastic surgeries are more popular than ever. These procedures are intended to improve people’s appearances, yet they can do more harm than good when not performed properly. If you or a loved one has suffered serious injuries as a result of medical malpractice during cosmetic surgery, you need to reach out to a skilled Baltimore surgical malpractice attorney who can help.

Last week, we covered the story about the “dancing doctor” from Georgia. This week, we dive deeper into one of the patients she hurt.

One 54-year-old woman was left brain damaged after undergoing cosmetic surgery just weeks before her wedding after going to the medical spa and cosmetic surgery center of Dr. Windell Boutte. While she initially went for Botox and anti-wrinkle treatment, the staff recommended a procedure that would give the bride-to-be a flat stomach prior to her wedding. Boutte’s website promoted her as a “doctor to the stars.”

“Dancing Doctor” Accused of Malpractice, License Suspended

Published on: June 14, 2018 | by Arfaa Law Group

When you undergo surgery, you expect to receive competent care. Unfortunately, not all patients receive the level of care they are owed. If you or someone close to you has suffered an injury due to a surgeon’s negligence, we can help. At Arfaa Law Group, our Baltimore surgical malpractice attorneys will help you pursue the compensation you deserve for your harm. We understand this is a stressful time, which is why you can expect the utmost compassion from our entire team.

Earlier this month, a Georgia doctor made headlines for singing, rapping, and dancing during plastic surgeries. Dubbed the “dancing doctor,” Dr. Windell Davis-Boutte can be seen in one video cutting into a patient’s abdomen in sync with the beat of O.T. Genasis’ song “Cut it” as she sings along. In another video posted to the doctor’s public YouTube channel, the Atlanta-based board-certified dermatologist dances with surgical tools in each hand but without a surgical mask or gloves. She then leans over the top of a patient’s bare buttocks as she raps, her assistants act as back up dancers, and the camera zooms into the patient’s bare buttocks. The videos have since been deleted.

Now, Doctor Boutte is facing at least five malpractice lawsuits. She has reached four settlements. Female patients claim they have suffered infections, disfigurement, and even brain damage following procedures performed by Boutte. An attorney representing three women in cases against the dermatologist says nearly 100 other women have contacted her office to claim they also suffered injuries under the doctor’s scalpel. At least two former patients said they identified themselves in the doctor’s videos.