Baltimore Medical Malpractice Lawyer Blog

Patient Dumping Incident in Maryland

Published on: March 19, 2018 | by Arfaa Law Group

No one should be denied emergency medical care due to an inability or perceived inability to pay for it. If you or someone close to you has been injured due to patient dumping, a skilled Baltimore hospital negligence attorney can help. At Arfaa Law Group, we are dedicated to getting our clients the justice and compensation they deserve for their harm.

Earlier this year, a video showing four hospital security guards at the University of Maryland Medical Center in Baltimore dropping a patient off at a bus stop in freezing weather, wearing nothing but a hospital gown, went viral. The 22-year-old patient with Asperger Syndrome was a victim of “patient dumping.” Patient dumping can take place in a number of ways, including but not limited to situations in which a hospital:

- Turns away someone in need of emergency care;

Newborn Survival Rates Lower in U.S. Than Other Rich Countries

Published on: March 12, 2018 | by Arfaa Law Group

If you suspect that your newborn’s death was a result of a medical professional’s error, carelessness, or wrongdoing, you need to reach out to a seasoned Baltimore wrongful death attorney without delay. At Arfaa Law Group, we are committed to helping our clients pursue the compensation they need to move on with their lives.

According to a new study published in the journal Health Affairs, American babies are 76 percent more likely to die before they turn a year old than babies in other rich countries such as Japan, Singapore, and Iceland. The risk of dying as a newborn in America is only slightly lower than the risk for babies in Sri Lanka and Ukraine. In addition, American children who survive infancy are 57 percent more likely to die before adulthood. When compared to 19 similar Organization for Economic Co-operation and Development (OECD) nations, the study found that U.S. babies were three times more likely to die from extreme immaturity and 2.3 times more likely to experience sudden death syndrome between 2001 and 2010.

The report found that one reason infant mortality rate is lower is due to higher poverty rates relative to other developed countries and a relatively weak social safety net. Approximately 21 percent of American children live in poverty, one of the highest rates in the developed world. In short, the poorer the children, the worse their health outcomes tend to be.

Patients Do Not Want Artificial Intelligence Tools to Replace Doctors

Published on: March 5, 2018 | by Arfaa Law Group

If you have been injured due to a medical professional’s negligence, you need to reach out to a skilled Baltimore medical malpractice attorney who can help. At Arfaa Law Group, we are familiar with Maryland malpractice laws and can help you hold medical professionals accountable for the harm that they cause. You can rest assured that we can help you pursue the compensation you deserve for your losses.

A recent study by Syneos Health Communications examines bridging the gap in the conversation surrounding the use of technology in medicine. The study collected responses from patients being treated for Type 2 Diabetes, breast cancer, and atrial fibrillation. Of the 800 respondents, the vast majority felt that there was no substitute for a doctor. In fact, fewer than 20 percent reported seeing any benefit to their future health if health care was provided by AI-based solutions. The primary concern was that machines might miss things that a human doctor would catch. However, when it came to nurses, 64 percent of respondents thought technology could be very useful, since patients could have on-demand access to information and health monitoring and ask the questions they needed to ask.

As medical technology advances, it will play a greater role in patient care. While this can provide better care for patients, it can also create complex legal questions when it comes to malpractice. What happens when technology results in an injury to a patient or worsens a patient’s existing condition? While working with complicated technology, medical professionals are expected to provide competent care by using the technology properly. In short, if doctors are relying on technology, they have to be able to use it correctly. In cases in which this does not happen, a medical professional may be liable for medical malpractice.

Study Finds Opiates Over-Prescribed to New Moms After C-Sections

Published on: February 22, 2018 | by Arfaa Law Group

Childbirth, particularly by C-section, can be painful and uncomfortable, which is why doctors will often prescribe painkillers to treat the pain. Unfortunately, some doctors overprescribe highly addictive medication and end up injuring new mothers. If you or someone close to you was prescribed opioids after giving birth and have questions or concerns, do not hesitate to reach out to a skilled Baltimore prescription error attorney who can help. At Arfaa Law Group, we understand the stakes are high in these cases, which is why we will make every effort to get you the compensation you need to move on with your life.

A study, led by Brigham and Women’s Hospital along with the Harvard Medical School, found that about 85 percent of women who are prescribed opioids fill their scripts after leaving the hospital. On average, each new mother had about 15 pills remaining in her prescription after she took as many as needed for pain. With 1.3 million C-sections taking place a year in the United States, that’s 20 million opioids that could be misused. The research also found that the more pills the women were prescribed, the more likely they were to take them, irrespective of their pain levels. In addition, more than three-quarters of the patients who had leftover pills kept them in an unlocked cabinet as opposed to throwing them away.

Doctors owe their patients a certain duty of care, which includes the duty not to overprescribe medication. When opioids lead to addiction or overdose, it may be malpractice. In Maryland, medical malpractice occurs when a doctor causes an injury or death by failing to use the level of care that a reasonably prudent doctor in the same situation would have used. In order to establish malpractice, the plaintiff must prove the following by a preponderance of the evidence: the doctor owed the patient a duty of care; the doctor breached this duty of care owed to the patient; and the patient sustained an injury as a direct consequence of the doctor’s breach.

Court of Appeals Discusses What Constitutes a “Medical Injury” in Maryland

Published on: February 15, 2018 | by Arfaa Law Group

If you or your loved one has suffered harm while in a nursing home, you may be entitled to compensation. At Arfaa Law Group, our Baltimore nursing home negligence attorneys can examine the facts of your case and determine if malpractice took place.

The Court of Appeals of Maryland, Maryland’s highest court, has partially restored a case alleging a nursing home allowed a patient to fall twice in the same day, holding it was inappropriately directed to arbitration because the negligence claims in the case did not involve any aspect of medical malpractice. Thus, it was not subject to alternative dispute resolution, as the lower courts had held.

The issue in the case was whether claims for negligence and related claims have alleged a “medical injury” within the meaning of Maryland medical malpractice law, specifically, the Health Care Malpractice Claims Act (HCA).

Sexual Abuse by Maryland Doctors

Published on: February 8, 2018 | by Arfaa Law Group

Doctors and other medical professionals have a duty to treat their patients with the utmost care and respect. Unfortunately, this does not always happen, and medical professionals end up abusing their patients in some way. If you or someone close to you has suffered sexual abuse by a doctor or medical professional, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can examine the facts of your case and help you determine your legal options.

A former USA Gymnastics doctor, Larry Nassar, has been all over the news lately for sexually abusing his patients. The list of known victims has grown to 265, and he was recently sentenced to 175 years in prison for the decades of abuse that took place. His victims included Olympic gold medal winners Aly Raisman and Jordyn Wieber. Unfortunately, sexual misconduct by medical doctors is more common than you may think.

The Atlanta Journal-Constitution analyzed more than 100,000 medical disciplinary records dating back to 1999 and discovered that more than 3,100 doctors across the country had been found guilty of sexual misconduct. More than 2,400 doctors’ cases clearly involved patients. The improprieties included abusing patients, harassing employees, and viewing child pornography. Perhaps the most shocking finding of the report, however, was that half of the physicians disciplined for abusing patients still have medical licenses. In another survey of nearly 500 women conducted by the Rape, Abuse and Incest National Network (RAINN), 27 percent said they had been violated by a doctor; the doctor’s behavior ranged from lewd comments to masturbation, wrongful touching, and even rape.

Family Wins Maryland Medical Malpractice Case When Patient Dies After Back Surgery

Published on: February 1, 2018 | by Arfaa Law Group

Even though a patient wants to undergo a certain elective surgery, that does not mean he or she is a good candidate for that procedure. If you or someone close to you has been injured or has died as a result of elective surgery, it is important to reach out to a skilled Baltimore surgical malpractice attorney as soon as possible. At Arfaa Law Group, we can assess the merits of your case and determine the viability of your claim. You can rest assured that we are prepared to vigorously advocate for your rights at trial.

In a recent Maryland medical malpractice case, the jury awarded a significant sum of money to the family of a man who died from heart complications following elective back surgery. The patient had a well-documented medical history of cardiac disease, with labs indicating aortic valve dysfunction, and he had been under the care of a cardiologist. He was 64 years old when he went to his doctor to be cleared for surgery in 2013. The clearance was given after an electrocardiogram (EKG). The EKG showed persistent right bundle branch block, which typically mandates a trip to the cardiologist before clearance. In this case, clearance was given and was not conditioned on the cardiologist’s approval. As a result, the man underwent surgery and ultimately died; his wife and three adult children survived him.

The patient’s surviving family members filed a wrongful death medical malpractice claim, alleging that the cardiac disease was too serious to allow elective surgery and that the physician should not have cleared the patient. The plaintiffs in the case argued that the patient would not have died if the doctor had properly referred the man to a cardiologist for evaluation. The jury agreed and awarded the plaintiffs medical malpractice damages.

Study Finds Female Dermatologists Sued Less Often Than Male Colleagues

Published on: January 23, 2018 | by Arfaa Law Group

The skin is the largest organ of the body and is essentially our first line of defense against disease, bacteria, infection, and other maladies. As a result, when you visit a dermatologist with a skin issue, you expect to receive competent care. If you or someone close to you has suffered an injury as a result of a dermatology error, we can help. At Arfaa Law Group, we are dedicated to getting our clients the compensation they deserve for their harm so that they can move on with their lives.

According to a recent study that analyzed characteristics of medical liability claims against dermatologists from 1991 to 2015, female dermatologists were sued less often than their male counterparts. The reason was that female dermatologists were better communicators and engaged in more patient-centered communication. As a result, male physicians were 2.5 times more likely to be sued for medical malpractice than their female colleagues. The study analyzed 90,743 closed claims and determined that nearly 70 percent of lawsuits were against male physicians.

The study, which was published in the Journal of the American Medical Association, found that improper performance of a procedure (i.e., medical errors in skin operations) and misdiagnosis were the two most common medical errors associated with the 1,084 closed medical malpractice claims in dermatology as well as all fields of medicine. While dermatologists have seen a 2.5 reduction of closed claims in the past 20 years, this is a slight shift when compared to the 17.9 percent reduction noted for all specialties.

Veteran’s Hospital Malpractice Can Cause Significant Injuries to Maryland Residents

Published on: January 16, 2018 | by Arfaa Law Group

The Veterans Health Administration is the component of the United States Department of Veteran Affairs (VA) that, among other things, implements medical assistance programs for veterans. People who are eligible for VA health care benefit programs must have served in the active military, naval, or air service and left the service under any condition other than dishonorable. If you or someone close to you has been harmed due to the negligence of a VA doctor, you need to speak to a seasoned Baltimore hospital negligence attorney who can evaluate the facts of your case.

Unfortunately, medical malpractice at VA hospitals is more common than you may think. The VA pays out an average of $100 million each year to settle more than 3,000 medical malpractice lawsuits. According to a recent USA Today investigation, the Department of Veteran Affairs has knowingly hired doctors who had a history of misconduct allegations, licensing problems, malpractice accusations, and patient settlements.

Medical malpractice claims can have many causes, including:

Study Examines Durotomy-Related Medical Malpractice Claims

Published on: January 9, 2018 | by Arfaa Law Group

The spine is central to our ability to sense and function normally. As a result, spinal surgery is daunting, and dural tears during such surgery can have serious consequences. An incidental durotomy refers to small tears of the outer membrane of the spinal cord and is a common occurrence in spinal surgery. In some cases, the tear is unavoidable. In most cases in which a tear occurs, the surgeon will identify it and repair it in a second procedure without any long-term consequences to the patient. If the dural tear is undetected, however, it can cause serious health problems for a patient. If you or someone close to you has been injured due to a dural tear, it is important to reach out to a diligent Baltimore surgical error attorney who can help you pursue the compensation you deserve for your harm.

A recent study, entitled Medical Malpractice Claims Following Incidental Durotomy Due to Spinal Surgery, examined the role of durotomy in malpractice cases. The study found that delayed diagnosis and treatment of durotomy and improper durotomy repair correlated with risk of malpractice lawsuits and increased surgeon liability. In other words, medical malpractice claims arose when dural tears were not discovered in time and led to spinal fluid leaks and other conditions. The findings highlighted that claims involving minor tears did not result in a settlement as often, whereas dural tears that led to neurological complications or even death were more likely to be successful.

Surgical mistakes denote errors that are avoidable with proper care. Under Maryland law, individuals who have suffered harm due to a spinal surgery error can typically seek compensation through a medical malpractice claim. Medical malpractice is defined as a medical professional’s failure to follow the accepted standard of care for their specialty, resulting in patient harm. In other words, surgery malpractice takes place when a surgeon causes harm because his or her conduct deviated from the standard of care that a prudent surgeon performing the same spinal cord surgery would have used under the same circumstances. As a result, if a surgeon fails to recognize a dural tear and then does not perform a second operation to fix it, that surgeon would likely be liable for malpractice.