Baltimore Medical Malpractice Lawyer Blog

What are “Never Events” in the Context of Maryland Medical Malpractice Law?

Published on: August 23, 2016 | by Arfaa Law Group

When a patient is about to undergo treatment or surgery for a particular medical condition, certain adverse effects may be inevitable. In other cases, adverse effects may be a result of a medical mistake. While certain errors are understandable, some are so shocking and outrageous that they should never have happened. These events are commonly known as “never events.” The term was first coined in 2001 by Ken Kizer, MD, a former CEO of the National Quality Forum (NQF).

The NQF identifies 29 events that are considered to be never events. Some examples include:

Surgeons operating on the wrong person;
Surgeons operating on the wrong body part;
Surgeons performing the wrong procedure altogether;
Leaving a foreign object in the patient’s body;
Using dirty or unsterilized medical instruments in surgery;
Infusing the wrong blood type into a patient;
Death or injury resulting from the introduction of a metallic object into an MRI area;
Oxygen lines containing no gas or the wrong gas; or
Permitting medical personnel to treat a patient while the personnel is intoxicated or under the influence of drugs.

In 2007, the Leapfrog Group began tracking data on never events. In 2015, the group released a report stating that one in five hospitals in the United States do not meet the group’s standards for accurately reporting when never events take place.

Malpractice Caused by Dirty Surgical Instruments

Published on: August 16, 2016 | by Arfaa Law Group

Surgery is daunting enough on its own, and the process shouldn’t become even more unnerving because of concerns of negligence on the part of your surgeon. Unfortunately, surgical instruments that are dirty or not sterilized properly harm patients each year. When this happens, even minor or routine surgeries may turn into a nightmare for the patient. If you or someone you love has been hurt or killed as a result of a dirty surgical instrument, it is important to seek the help of a skilled Baltimore medical malpractice attorney. At Arfaa Law Group, we can thoroughly analyze the facts of your case and provide you with an honest assessment of your claim.

A few years ago, the Centers for Medicare and Medicaid Services (CMS) conducted a pilot program, which inspected 1,500 outpatient surgery centers and cited 28 percent for infection control deficiencies related to surgical instrument cleaning and sterilization. Surgical site infections caused by dirty instruments can have long-term and painful consequences, such as prolonged recovery, infections, loss of limbs, or even death. In some cases, the patient may not develop an infection from the dirty instrument. Instead, he or she may be exposed to a disease, such as HIV, hepatitis, or syphilis.

Hospitals have a duty to maintain procedures and protocols that will make sure a patient’s health is not in jeopardy. These include sterilizing surgical instruments properly. Unfortunately, in some cases, appropriate care is not taken to clean instruments, or instruments used in a previous surgery are accidentally or intentionally used again.

Informed Consent Issue in Maryland Medical Malpractice – Spangler v. Mcquitty

Published on: August 9, 2016 | by Arfaa Law Group

Birth injuries can be devastating for the entire family. If your child has been hurt due to a birth injury, it is important to speak to a qualified Baltimore medical malpractice attorney.

In Spangler v. Mcquitty, the parents of a boy, Dylan, filed a claim against the physician who delivered the child, the medical practice group, and the medical facility on behalf of their son, alleging that the son’s severe disabilities were a result of birth injuries caused by medical malpractice.

While pregnant with Dylan, the mother’s physician did not obtain informed consent for the treatment that was administered to her, causing a placental abruption. The plaintiffs claimed that this condition reduced the supply of oxygen and nutrient to the fetus and ultimately left the son with cerebral palsy and other long-term injuries. Cerebral palsy is a broad term for a variety of disorders that impair the motor functions and development of a child.

Bed Sores Allegedly Lead to Woman’s Death in Maryland Nursing Home Case

Published on: August 3, 2016 | by Arfaa Law Group

A bed sore, sometimes called a pressure sore or a pressure ulcer, refers to a sore that is developed due to pressure caused by lying in bed in one position. These sores are an injury to the skin and underlying tissue. They can range from mild reddening of the skin to severe tissue damage, sometimes causing an infection that can extend into muscle and bone.

According to the Centers for Disease Control and Prevention (CDC), approximately 159,000 United States nursing home residents (11 percent) had bed sores in 2004. Residents aged 64 years and under were more likely than older residents to develop these types of ulcers. In addition, residents of nursing homes for a year or less were more likely to have these sores than individuals who stayed at nursing homes longer.

In Hall v. Genesis Healthcare, LLC, a woman developed bed sores on her body and ultimately died. Her two surviving sons filed a wrongful death claim against the defendant health care facility. Specifically, the complaint alleged that the health care facility violated the standard of care by: i) failing to appropriately evaluate the woman’s condition; ii) failing to plan, apply, and regularly evaluate and modify a suitable care plan for the woman; iii) failing to deliver essential care and services to make sure that the woman’s physical, mental, and psychosocial health was maintained; iv) failing to make sure that the woman did not develop bed sores unless they were clinically inevitable; and iv) failing to administer necessary treatment and services to promote healing of existing wounds, stop infections, and prevent new sores from developing.

Maryland Medical Malpractice Cases Involving Minors

Published on: July 27, 2016 | by Arfaa Law Group

There is nothing worse for a parent than to see his or her child suffer an injury. When the injury could have been prevented, it can be even more emotionally draining. Unfortunately, many children are harmed each year as a result of medical malpractice. If this has happened to your child, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys have years of experience representing minors and their families in these types of cases.

Minors can be injured by medical professionals in a variety of ways, including birth injuries, surgical errors, missed diagnosis or misdiagnosis, lack of informed consent, anesthesia errors, and medication errors.

If a medical professional has harmed you, you will likely be able to file a medical malpractice claim against the at-fault party. These claims are rooted in negligence and essentially allege that the health care provider’s failure to adhere to a certain standard of care was a direct cause of the plaintiff’s injury.

State Supreme Court Holds Evidence of Marijuana Use Admissible in Medical Malpractice Case

Published on: July 20, 2016 | by Arfaa Law Group

In every Maryland medical malpractice case, there are specific rules governing which evidence is admissible at trial, and a failure to adhere to these rules can significantly affect your case. If you or someone close to you has been injured as a result of medical malpractice, it is imperative to have a seasoned Baltimore medical malpractice attorney on your side. At Arfaa Law Group, we will be vigilant about every detail in your case, including deadlines and the parameters of all applicable procedural rules. We know the stakes are high, and you can rest assured that we will be diligent at every step of the way.

Earlier this year, in the case of Hineman v. Imber, the Supreme Court of Delaware addressed the admissibility of evidence of a plaintiff’s marijuana use on the day of his injury and misdiagnosis in a claim for medical malpractice.

Medical malpractice takes place when a health care provider fails to use reasonable care when treating a patient. In order to succeed on a medical malpractice claim, the plaintiff must establish the following elements: i) the health care provider owed a duty of care to the patient; ii) the duty of care owed to the patient was breached by the health care provider (i.e., the health care provider failed to abide by the standard of care normally used in their specialty); iii) the health care provider’s breach was a direct cause of the injury to the patient; and iv) the patient or their loved ones incurred damages.

State Court of Appeals Affirms Dismissal of Malpractice Case Against Public Hospital

Published on: July 13, 2016 | by Arfaa Law Group

The birth of a child is meant to be one of the most joyous occasions in a parent’s life. The sad reality is, however, that medical mistakes often cause serious and long-term injuries to a child. If your infant has suffered a birth injury due to a medical professional’s negligence, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can carefully examine the facts of your case and determine whether malpractice took place. You can rest assured that we understand the nuances of this area of law, including procedural rules, which can be vital in any medical malpractice case. Consider the following New York case as an example.

In Wally G. v. NY City Health and Hospitals Corporation, the plaintiff was born prematurely through an emergency caesarean section at the defendant hospital in June 2005. The plaintiff alleged that the defendant did not act fast enough upon noting the difficulties of the pregnancy and then negligently failed to treat the fetal distress. Consequently, the infant developed some neurological and cognitive disorders, including cerebral palsy, seizures, and trouble with speech.

The infant remained in the neonatal intensive care unit and was discharged in stable condition in August 2005. In January 2007, the plaintiffs served a notice of claim against the hospital, alleging medical malpractice stemming out of its failure to properly handle the mother’s prenatal care and its failure to get informed consent in terms of the plaintiff’s care.

When is Evidence of a Superseding Cause Allowed in Maryland Malpractice Cases?

Published on: July 6, 2016 | by Arfaa Law Group

In Copsey v. Park, the defendant physician negligently misread the patient’s MRI/MRA less than a week prior to his suffering a very serious, and eventually fatal, stroke. The surviving family members of the deceased filed a wrongful death claim against four treating physicians. Two of the defendants settled with the plaintiff out of court. The third physician was dismissed from the lawsuit, leaving only one treating physician as the sole defendant.

The trial court permitted the physician to present evidence showing that the other physicians who had treated the deceased were negligent. The court then gave the jury instructions on superseding causation at the conclusion of the trial.

Ultimately, however, the jury did not reach the question of superseding cause because they found the defendant physician’s reading of the MRI/MRA was not negligent. The jury thus found that the physician was not an actual or proximate cause of the patient’s death.

Intubation Errors in Maryland

Published on: June 29, 2016 | by Arfaa Law Group

Intubation refers to the placement of a flexible tube in the trachea of an individual to maintain an open airway. Intubation is often required in surgeries and medical emergencies so that the patient can receive oxygen. If you or a loved one has been injured due to an intubation mistake, our skilled Baltimore medical malpractice attorneys can help you seek compensation for your harm. At Arfaa Law Group, you can trust us to handle your intubation error lawsuit. With years of experience, we are well versed in every aspect of Maryland medical malpractice law and can use our knowledge in your case.

While intubation is commonly required, the sad reality is that intubation errors happen quite frequently. Intubation errors can take place in a variety of ways, including the incorrect placement of the tube into the esophagus, an incorrect assessment of the patient’s airway’s needs, the perforation of tissue with the tubing, the tube becoming disconnected or dislodged in a damaging way, or the tube being over-inflated.

Improper intubation can lead to a number of medical conditions, ranging from minor to severe, such as vocal cord paralysis, an injured or collapsed lung, nerve damage, anoxic or hypoxic brain damage, and injuries to the lips, mouth, or teeth, as well as stroke and even death.

Spinal Epidural Abscess Lawsuits in Maryland

Published on: June 22, 2016 | by Arfaa Law Group

If you or someone close to you has been harmed by a medical mistake, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can zealously advocate for you in virtually all types of medical malpractice claims, including spinal epidural abscess cases. We understand that these mistakes can result in significant and long-term injuries for the patient.

A spinal epidural abscess is a disorder caused by an infection in the area between the bones or discs of the spine. The infection is caused by bacteria or fungus, typically after a surgical procedure. As a result, it may be present in patients with a history of back surgery or other procedures involving the spine. Symptoms may include fever, back pain, bowel or bladder incontinence, and pain at the surgery site.

Failing to recognize the condition of epidural abscess may result in a serious spinal cord injury, such as partial quadriplegia. This is why a failure to diagnose a spinal abscess may form the basis of a medical malpractice lawsuit. This is because, in many cases, the infection could have been controlled, and the ultimate harm could have been prevented with proper treatment. Put another way, timely diagnosis is critical to prevent long-term harm.