Posted On: August 31, 2009

Failure to Timely Diagnose and Treat Meningitis

A Los Angeles jury has awarded $7.3 million in a medical negligence lawsuit against a hospital due to the alleged failure to timely diagnose and treat a baby with meningitis in a neonatal intensive care unit. The baby had suffered brain damage as a result of the malpractice. A copy of the article regarding the case can be found here .

As an experienced Baltimore, Maryland medical malpractice attorney, I have handled a number of failure to timely diagnose and treat infection cases. One critical issue in these cases is what lawyers call causation. The attorney for the plaintiff must be able to prove that had the diagnosis been timely made, that there was enough time to treat the infection. This requires expert testimony usually from an infectious disease specialist or medical examiner. To see some of the cases I have handled, click here .

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Posted On: August 28, 2009

Federal Tort Claims Act Malpractice / Military Claims Act Malpractice

A retired naval officer has settled has case with a Naval Hospital in Florida for close to $1 million after claiming that the hospital negligently handled his medical treatment and caused doctors to remove part of his brain. The officer, now 42 is now permanently and totally disabled and unable to support his family. He settled his medical malpractice case for $625,000 in cash along with monthly payments of $1,600 for the rest of his life (an annuity valued at about $325,000). The settlement was approved this month after the officer filed a lawsuit against the Navy that was scheduled for a jury trial in September. The lawsuit stemmed from treatment the man received in March 2007, when he went to the naval hospital complaining of severe headaches. The Hospital initially diagnosed the man with viral meningitis and discharged him that month. He still was suffering severe headaches and went to a nearby civilian hospital where he was correctly diagnosed with viral encephalitis. The delayed diagnosis resulted in severe brain swelling and doctors subsequently had to remove parts of the man’s brain. Federal law prohibits people in the armed forces from suing the military, but the man’s case was able to be filed because he was retired at the time of the incident. A copy of the article regarding the case can be found here .

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled several federal tort claims act cases and military claims act cases. It is always tragic when a military hospital mistreats a member of the service who has given some much to our country. To see some of the cases I have handled, click here .


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Posted On: August 3, 2009

Successful Trial Techniques - Using Technology In The Courtroom

As an experienced Baltimore, Maryland medical malpractice lawyer, I am often asked what contributes to my success. Certainly hard work comes first. But there are also various ways that can improve the odds of being successful in the courtroom. One way is to use computerized technology in the courtroom. While it does not substitute for extensive preparation, it can help emphasize points to a jury in a case. A copy an article on the subject, in which I was quoted, can be found here .

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Posted On: August 3, 2009

Informed Consent Malpractice

The Maryland Court of Appeals has issued a new decision on the law of informed consent in Maryland medical malpractice cases. According to the court, doctors must inform patients not only of the risks of procedures but also the potential consequences of forgoing a medical procedure. The decision is a victory for patient’s rights.

A number of years ago, the Maryland Court of Appeals held that informed consent only applied when there was some physical contact with the patient. The Court’s new decision, however, removed that limitation. A copy of the case can be found here.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a large number of informed consent cases. In any medical malpractice case, it is always important for a lawyer to ask whether the patient was properly informed of risks, alternatives, probabilities of success and failure and other considerations that bear on what was important to the patient. To see some of the cases I have handled, click here .

A copy of the article regarding the case, in which I was quoted, can be found here .

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Posted On: August 3, 2009

Vacuum Extractor Malpractice

A Montgomery County jury has awarded $1.85 million to the parents of a baby who died three days after delivery from complications of internal bleeding caused by the method of delivery. The women arrived at Frederick Memorial Hospital for a scheduled, induced labor 41 weeks into her pregnancy. She pushed for three hours early the next morning, but the baby’s head was too large to pass through her pelvis, a condition known as cephalopelvic disproportion. The baby could have been safely delivered by c-section, but the obstetrician twice tried to forcibly pull the baby through the birth canal using a vacuum extractor. This injured the baby and caused his death.

As an experienced Baltimore, Maryland medical malpractice lawyer, I frequently handle medical malpractice cases in Baltimore, Maryland and other places involving obstetrical mistakes. To see some of the cases I have handled, click here . In fact, I handled one of the first cases in Maryland to successfully argue that it was malpractice to use a vacuum extractor on a premature infant.

In a case like this, it is important for the doctor to weigh the risks versus the benefits. The risk of a c-section is low compared to the risk of keeping a baby in the uterus while the mother is having extreme difficulty delivering vaginally.

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Posted On: August 3, 2009

Failure To Fix Colonoscopy Perforation - Medical Malpractice

A jury has awarded $1 million to a New Mexico man who alleged a surgeon committed medical malpractice in repairing a colon perforation after a colonoscopy. The patient suffered a tiny bowel perforation during a colonoscopy. The surgeon then operated in order to repair the hole, but the surgeon did not see any hole and therefore failed to repair it. Because the surgeon didn’t see the perforation, he assumed it had sealed itself, but the surgeon failed to use procedures he could have used – such a dye test - to locate the perforation. As a result, the man’s bowels continue to leak feces into his man’s abdomen for eleven days causing massive infection. The infection resulted in severe scarring in his abdomen, which has required thirteen operations.

As an experienced Baltimore, Maryland medical malpractice lawyer, I frequently handle medical malpractice cases in Baltimore, Maryland and other places involving surgical mistakes. To see some of the cases I have handled, click here .

In a case like this, it is important to know that causing a perforation during a colonoscopy usually is not negligence. But failing to timely recognize the perforation and quickly fix it can cause catastrophic injuries due to infection and post-recovery complications, just like in this case. A copy of the article regarding the case can be found here.

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Posted On: August 3, 2009

Spinal Abscess Causing Paralysis - Medical Malpractice

A New York man has been awarded $19.2 million in a medical negligence case against a hospital in New York City. The man was admitted to the hospitalcomplaining of severe back pain. The hospital’s staff negligently failed to diagnose a spinal abscess, which is an infection on the spinal cord, which quickly led to his permanent paralysis. Apparently, the hospital did not conduct an MRI or CAT scan until two weeks after thje man was admitted, when the damage had already been done. A neurosurgeon tried to reverse some of that damage, but it was too late. The man has been paralyzed from his chest down ever since.

As an experienced Baltimore, Maryland medical malpractice lawyer, I frequently handle medical malpractice cases in Baltimore, Maryland and other places involving paralysis. To see some of the cases I have handled, click here .

In a case like this, it is important to prove violations of the standard of care and that the violation caused the person’s paralysis. In such cases, we frequently use neurosurgery experts, neuroradiology experts, infectious disease experts, etc. One of the most frequent reasons for people to sue in such a situation is to obtain compensation that allows them to obtain better medical care than they or their health insurer otherwise would provide, and to gain independence. That is exactly what happened in this case. A copy of the article regarding the case can be found here.

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