Baltimore Medical Malpractice Lawyer Blog

Medical Malpractice in Ambulatory Surgery Centers in Maryland

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

Surgery, whether minor or major, is always daunting for a patient and his or her family. If you or someone you love has been injured by a medical professional at an ambulatory surgery center (ASC), you need to speak to a skilled Baltimore surgical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we have the experience to handle your case with the compassion and attention it deserves.

ASCs, also known as outpatient surgery centers or same day surgery centers, are health care facilities where surgical procedures not requiring an overnight hospital stay are performed. For patients, an ASC can be a more convenient and less costly alternative to a hospital. In recent years, ASCs have popped up everywhere. In fact, approximately 25 million surgical procedures are performed at ASCs each year, rather than at acute care hospitals.

Hospitals in Maryland and across the United States have to follow strict regulations. There is a standard process and procedure in place for virtually everything to minimize the risk of harm to patients. ASCs, on the other hand, are independently owned and managed. In some cases, the procedures at ASCs are not thorough enough and can lead to serious issues, such as:

Failure to sterilize equipment properly;
Premature discharge of a patient;
Lack of oversight;
Lack of accreditation;
Poor documentation of safety procedures; or
Failure to obtain informed consent for surgeries.

Psychiatry Malpractice in Maryland

Published on: November 14, 2017 | by Arfaa Law Group

Patients who seek the help of psychiatrists expect to receive competent care. In fact, these medical professionals are trusted with the task of helping their patients deal and cope with a wide range of mental health issues. Unfortunately, some patients not only deal with psychiatrist neglect but also deal with abuse. If you or someone close to you has suffered due to psychiatric malpractice, we can help. At Arfaa Law Group, you can rest assured that our Maryland psychiatric malpractice lawyers understand how to navigate these complex medical malpractice claims.

Psychiatry is the branch of medicine that diagnoses and treats mental disorders. According to the National Alliance on Mental Illness, 1 in 5 adults (18.5 percent of all adults) in the United States experience mental illness in a given year. Additionally, 1 in 25 adults in the U.S. (4 percent of all adults) experience a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. Like any other type of doctor, psychiatrists can be negligent as well. Some common forms of psychiatric malpractice include:

Failure to properly diagnose a patient;

Deceased Patient’s Family Wins Maryland Medical Malpractice Case

Published on: November 7, 2017 | by Arfaa Law Group

Cancer is the dreaded ‘c’ word that no patient wants to hear. If caught early enough, patients can often beat cancer and resume their normal lives. If it is not diagnosed in a timely manner, however, the consequences can be devastating. If you or someone close to you was harmed due to a physician’s failure to diagnose cancer, it is imperative to reach out to a skilled Baltimore misdiagnosis attorney who can assess the merits of your case.

A Baltimore jury recently awarded a hefty damages sum to the family of a man who died of colon cancer after his primary care physician failed to follow up on an unexplained case of anemia, which the family claims could have led to an earlier cancer diagnosis. The 55-year-old patient died from colon cancer 15 months after it was finally diagnosed.

The case at hand would be considered a ‘failure to diagnose’ case. A failure to diagnose is when a doctor misses the connection between a patient’s symptoms and their medical condition. The result is that no diagnosis is made, and the patient takes no course of treatment. A physician’s failure to diagnose can lead to further injuries and even death to a patient. According to a report released by the Institute of Medicine, most Americans will get a late or wrong diagnosis at least once in their lives.

What Constitutes an Allegation of Medical Malpractice in Maryland

Published on: October 26, 2017 | by Arfaa Law Group

If you have been injured in a nursing home facility or rehabilitation center, it is important to reach out to a skilled Baltimore nursing malpractice attorney as soon as possible. Even if at first glance, your case does not seem like a medical malpractice claim – the reality is that it might be. If it is a medical malpractice claim, you need to be prepared to follow a variety of procedural guidelines. At Arfaa Law Group, we understand the nuances of this area of the law and can put our knowledge to use in your case.

The Maryland Court of Appeals granted review in a number of cases earlier this year. One of these cases addresses the issue of what constitutes an allegation of medical malpractice that invokes the Maryland Health Claims Act.

In the case at hand, the plaintiff was admitted to the nursing rehabilitation center to be treated for rehabilitation after back surgery. Two days later, the plaintiff’s mattress came loose from her bed and came sliding off the bed frame, causing the plaintiff to fall onto the floor. The rehabilitation center used a mechanical lift to put the woman back in bed, since the center is a ‘no lift’ facility. Unfortunately, the nurse who was using the mechanical lift used it incorrectly and ended up releasing the net too soon, causing the patient to drop to the floor.

Medical Overtreatment is a Dangerous Reality in the United States

Published on: October 19, 2017 | by Arfaa Law Group

When you visit a medical professional, you expect to receive competent care. While we expect comprehensive care, the reality is that many patients are being overtreated, meaning they are receiving tests and treatments that they do not actually need. If you or someone close to you has suffered an injury due to a medical professional’s overtreatment, you need to reach out to a skilled Baltimore medical negligence attorney as soon as possible. At Arfaa Law Group, we can help you assess the case and determine whether a lawsuit is the right option for you.

A recent study published in PLUS ONE has shed light on just how big the problem of overtreatment is in the United States. According to the report, at least 15 to 30 percent of overall medical care is unnecessary, said most of the 2,100 physicians who responded to a survey conducted by researchers from Johns Hopkins and Harvard Medical Schools. The data also shows that about 22 percent of prescription medication, 25 percent of tests, and 11 percent of procedures that are given are not needed. For example, not every patient with back pain needs an x-ray, but an x-ray is very often ordered.

An overwhelming majority of the physicians who were interviewed for the study cited fear of litigation as the top reason for overtreatment, followed by patient pressure and difficulty assessing prior medical records. While physicians think they are being extra cautious by overtreating, the reality is that overtreatment can be harmful for patients and give rise to medical malpractice claims as well. For example, prescribing a patient with a cough or cold antibiotics when they do not actually need them might be administering too strong a medication for the problem at hand, and it could ultimately harm the patient, due to other side effects associated with those antibiotics.

Maryland Court Allows Evidence of Non-Party in Negligence Case

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

If you or someone close to you has been hurt because of a medical professional’s carelessness, error, or wrongdoing, our diligent Baltimore health care malpractice attorneys can help. At Arfaa Law Group, we understand the nuances of this area of the law and can put our knowledge to use in your case. We are here to answer your questions and address your concerns at every step of the way.

Medical malpractice cases in Maryland and across the United States are about establishing fault on the part of a medical professional. In litigation, there are many tactics that the plaintiff and defense can use to build their case. The Court of Appeals of Maryland, Maryland’s highest court, recently had to decide if evidence regarding the negligence of several non-parties should have been admitted at trial. The court ultimately held that the negligence of the non-parties was properly admitted because it was essential to give the defendant physician a fair trial. Put another way, the defendant, who was generally denying malpractice in a claim, could present evidence of a non-party’s negligence and causation as an affirmative defense.

In the case at hand, a man died as a result of a fatal stroke that he suffered in 2010. The man’s estate and widow filed a medical malpractice claim against the defendant radiologist and three subsequent treating physicians, claiming that their negligence led to the man suffering the stroke. However, before the trial, each of the other named defendants settled the case outside court. Thus, the case was only against one remaining defendant.

Maryland Jury Finds Medical Staff was Negligent in Administering Drug

Published on: October 5, 2017 | by Arfaa Law Group

Unfortunately, medical malpractice is common in Maryland and throughout the United States. If you were injured or you lost a loved one due to a medical professional’s error in a hospital setting, you may be able to seek compensation for your harm. At Arfaa Law Group, our seasoned Baltimore hospital malpractice attorney will thoroughly review the facts of your case and determine the viability of your claim.

The University of Maryland Medical Center, one of the nation’s oldest teaching hospitals, was recently found liable for medical malpractice in a case in which a patient was given a drug that destroyed his colon and ultimately led to his death.

The family of the deceased patient filed a claim against the hospital to seek damages for the death. The facts of the case are as follows. The patient was admitted to the hospital for kidney issues, and, during the treatment, he developed potassium levels that physicians noted were too high. To counteract the high potassium levels, physicians administered the drug Kayexalate.

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.