Maryland Medical Malpractice Lawyer Blog
A Montgomery County, Pennsylvania jury has awarded $5 million to the Estate and surviving family members of an 88 year-old man who died after medical professionals improperly placed a feeding to into his lung. The man had been transferred from his assisted living facility to a local hospital at which time a feeding tube was inserted. The man had pulled the feeding tube out and so doctors had to reinsert it the following day. After the feeding tube was reinserted, he was taken for a chest x-ray to confirm proper placement of the tube.
Medical Mistakes Are More Common Than You Might Think
A recent study has found that medical errors are now the third most common cause of death in the United States. The study found that medical mistakes claim approximately 251,000 lives each year – approximately 9.5 percent of all deaths annually – which is more than deaths caused each year by respiratory disease, Alzheimers, strokes and accidents. In fact, the study found that only heart disease (614,348) and cancer (591,699) kill more people each year. Other categories of death which were part of the study included diabetes, flu/pneumonia, kidney disease and suicide.
Brain Injury Results in $44 Million Medical Malpractice Verdict
A nearly-two-week jury trial in Pennsylvania has culminated in a more than $44 million verdict for a woman who suffered a catastrophic brain injury that left her paralyzed. The woman, who was 57 at the time, underwent surgery in 2011 to remove a mass on her brain. After that surgery, she was placed on Heparain, an anticoagulant drug. While in the intensive care unit, hospital personnel measured the woman’s coagulation using an aPTT test and found that it had risen from 19 seconds to 32 seconds.
Unwanted Sterilization Results in $1.8 Million Verdict
A Connecticut jury has awarded $1.8 million to a 28 year-old woman whose surgeon inadvertently cut one of her fallopian tubes, rendering her sterile. The woman presented to the hospital in May of 2011 complaining of pelvic pain on her right side. At that time, the emergency department’s differential diagnosis included appendicitis and infection.
Addressing Liens for Medical Bills in Maryland Personal Injury and Medical Malpractice Cases
When an individual is injured as the result of the negligence of someone else, whether by way of medical negligence, a car accident or otherwise, the insurer that pays that individual’s medical bills almost always has what’s called a “right of subrogation.” What the subrogation provisions in most insurance policies states is that if you recover money from the negligent third-party in a lawsuit or some other type of personal injury settlement, you have an obligation to reimburse the insurance company for the medical bills and expenses that it paid on your behalf for your care and treatment related to the injuries.
Evidence of Informed Consent in Medical Malpractice Cases; Admissible or Not?
In Maryland medical malpractice cases, there generally are two types of claims that can be asserted. The first is a garden-variety medical malpractice claim that alleges that a physician provided negligent care (care that fell below the standard of care), which caused injuries and damages to the patient. The second is called lack of “informed consent” claim, through which a patient alleges that the physician failed to properly, appropriately and/or fully explain the treatment to the patient and to warn of any material risks or dangers of the treatment so that the patient can make an intelligent and informed decision about whether or not to go forward with the proposed treatment.
$44.1 Million Medical Malpractice Verdict Handed Down By Montgomery County Jury
A Montgomery County jury awarded more than $40 million to a couple who claimed that their Rockville, Maryland fertility doctor failed to properly screen the surrogate mother who carried their child. The crux of the couple’s claim was that the standard of care required that the fertility doctor obtain and review the potential surrogate’s obstetrical and gynecological history before clearing the candidate to act as the surrogate. Although the doctor did inquire of the candidate about her history, the candidate lied by stating that she had previously carried four pregnancies to term without complications. The doctor, however, never obtained the pertinent medical records to verify the candidate’s representations.
Failure to Diagnose Syphilis Results in $1 Million Jury Verdict
A Chicago jury has awarded more than $1 million to a 53 year-old man who suffers impaired vision as the result of his doctor’s failure to timely diagnose and treat syphilis. The man presented to the defendant as a new patient in February of 2008 complaining of coughing, shortness of breath and tightness in his chest. He reported that he was gay but the doctor did not note that in his medical records or ask any follow-up questions regarding his sexual practices. According to his lawyers, these symptoms can be consistent with males suffering from the initial stage of syphilis. He was sent home with medicine for bronchitis.
Radiology Mistake Results in $11.6 Million Jury Verdict
A New York jury has awarded $11.6 million to a man who suffered a stroke that left him permanently disabled. The patient presented to the emergency room with dizziness, headaches and an inability to stand. He immediately came under the care of a Physician’s Assistant who ordered a CT scan of the brain. The case presented by the patient’s medical malpractice attorneys was that the CT scan was negligently reported by the radiologist as normal when it in fact showed that a blood vessel supplying blood to the brain was blocked. Because this serious abnormality was not reported to the physicians treating the patient, he was discharged home with the diagnosis of a sinus infection. He was not given blood-thinners which could have prevented a future and more damaging stroke. Weeks later, he suffered a second massive stroke that left him permanently disabled.
Severe Leg Injury During Surgery Results in $2.3 Million Jury Verdict
A Baltimore City, Maryland jury has awarded $2.3 million to a woman who suffered a debilitating leg injury during what should have been a routine surgery. The now-59-year-old was a registered nurse working in the position of case manager for a private nursing home when she presented for a total right knee replacement.
Birth Injury Results In $30 Million Jury Verdict
A Massachusetts jury awarded just under $30 million this month to a now-eleven-year-old girl who suffered a devastating brain injury in utero. In September of 2004, the girl’s mother presented to the hospital while 28 weeks pregnant complaining of decreased fetal movement. She was admitted for monitoring at 11:00 p.m. on September 5th and, until 5:30 p.m. on September 6th, everything was fine.
$4.2 Million Awarded by Jury for Infection Resulting in Leg Amputation
A Philadelphia jury recently awarded $4.2 million to a woman whose leg was caused to be amputated because of an infection that she developed after undergoing a double-knee replacement.
Delayed Cancer Diagnosis Results In $6.9 Million Jury Verdict
A Charleston, SC jury this week ordered a physician and his employer, a radiology company, to pay $6.9 million dollars to a woman and her husband for the loss of chance of survival after a significant delay in diagnosing breast cancer. The now-47 year old woman, employed as a nurse, was 39 when she went for a mammogram. The screening showed new calcifications that weren’t present on a mammogram performed five years prior.
Carroll County Jury Awards $570,000 in Medical Malpractice Lawsuit
This month, a Carroll County jury awarded $570,000 to the estate and surviving family members of a woman whose internal bleeding went undiagnosed, resulting in her untimely death.
Damages in Maryland Medical Malpractice Cases
Understandably, one of the questions that we get asked most often when we first meet with new clients is “what is my case worth?” The law divides personal injury awards into two categories: economic damages and non-economic damages. While the facts of each particular case dictate which types of damages can be recovered, the following is a broad discussion of some of the types of damages available.