Articles Tagged with in the news

Patients expect that their doctors will take good care of them and do whatever necessary to stabilize or treat their condition. However, one doctor – an orthopedic surgeon – recently was found guilty of medical malpractice when his actions led to his patient becoming a paraplegic; the jury awarded the patient and his wife $2.85 million.

The patient presented to the emergency room in the spring of 2004 after he suffered numerous and severe injuries in an automobile accident. While being prepped for surgery to stop the bleeding in his forearm, the treating orthopedic surgeon ordered a CT scan of the patient’s knee, which he also injured in the accident. According to the trial testimony, when the physician ordered the CT scan, the patient’s blood pressure was at a dangerously low level. The CT scan caused a nearly 30-minute delay in the patient’s surgery. During this delay, the patient went into cardiac arrest and respiratory arrest. Although two physicians nearby – an emergency room doctor and an anesthesiologist – fortunately resuscitated the patient, the delay and resulting injuries led to the death of a portion of his spinal cord, also known as a spinal cord stroke. Tragically, he suffered permanent paralysis from just above the waist down.

According to the lawyers and experts who testified at the trial, the patient’s extremely low blood pressure should have alerted doctors and nurses that he was on the verge of a cardiac arrest and that to interrupt the necessary treatment of the patient’s arm was negligent. Several doctors further testified that the patient should not have been transferred from the pre-operative holding area when his vital signs were as low as they were – even the experts for the defendant physician. Various witness accounts and medical records also presented at trial revealed that the patient’s blood pressure and pulse remained at zero after the cardiac arrest, leaving his body without blood flow for approximately eight to twenty-seven minutes.

In late June, one of the largest medical malpractice verdicts in Maryland was handed down by a Baltimore City jury against Johns Hopkins Hospital along with Johns Hopkins Health Systems Corp. The jury awarded the family of a child born with cerebral palsy and seizure disorder $55 Million.

The case stems from what was expected to be an emergency Caesarean section, but various medical mistakes and doctor errors resulted in a wait of more than two hours. The child was born with permanent and severe mental and physical disabilities as a result of loss of oxygen to the brain during the wait. Johns Hopkins Hospital continues to dispute any doctor error or medical malpractice and indicated that they will appeal the verdict.

The $55 Million verdict included a $25 Million award for future medical expenses based upon a life-care plan, $4 Million for future lost wages, and $26 Million for non-economic damages including thing such as pain and suffering. Although the award will be reduced as a result of Maryland’s medical malpractice cap on damages, the actual award will still be around $30 Million.

A jury in a medical malpractice case returned a jury verdict of $9.9 million last week to a Kentucky woman who suffered severe injuries and damages after routine heart surgery. The woman had surgery on her mitral valve in her heart in April 2006. The surgery took less than an hour and was successful. However, during the sugery, the surgeon allegedly misplaced the cannula, or hose, for a machine that pumps blood during the surgery. The woman claimed during the trial that the misplacement caused too much blood and oxygen to be pumped to her right hand and too little to her brain and spinal cord, causing her to no longer be able to walk due to paraplegia and to suffer mild to moderate brain damage.

The jury awarded the woman $455,229.06 in past medical experiences, $4,426,408.72 for future medical bills, $482,538 in lost wages and $4.5 million for pain and suffering. The total verdict was $9,864,175.78. The jury found that the anesthesiologist was responsible for 23 percent of the fault, and the perfusionist, the person who operates the heart-lung machine, was responsible for 41 percent of fault. Since the hospital defendant had already settled with the patient and did not participate in the trial, the verdict only will affect the surgeon. The jury assigned 31 percent of fault to the surgeon, or $3,057,894.49 of the total damages sought. Unless overturned during post-trial motions or on appeal, that portion of the verdict will be paid by the surgeon’s insurance company.

It is highly unusual for routine heart surgery to result in injuries like this. I have successfully handled a number of medical negligence cases in Baltimore and other counties in Maryland involving a failure to properly perform surgery, causing severe injuries and damages. Some of these medical malpractice cases have involved brain surgery, shoulder surgery, lung surgery, heart surgery, gallbladder surgery, colon surgery, etc. Its always tragic when a person suffers life-long injuries due to someone else’s medical mistake.

This past weekend, there was a fascinating story in the New York Times about doctors who say “I’m sorry” when a medical mistake is made. A copy of the article can be found here. According to the article, some of the leading hospitals in the country are instituting policies that encourage doctors to apologize when a medical mistake is made. What a novel idea!

In my experience, one of the most frequent reasons that people contact my office to investigate a potential Maryland medical malpractice case, is because their doctor will not tell them what happened when something went wrong. These new steps should help doctors avoid medical malpractice cases.

Interestingly, Maryland recently enacted legislation that makes apologies by doctors inadmissible at trial in medical malpractice cases, furthering the goals stated in the New York Times article.

Contact Information