medical lawsuit

Connecticut Jury Awards Over $1.3 million in Medical Malpractice Case

August 6, 2010 | by Andrew G. Slutkin

A Connecticut jury has awarded more than $1.3 million in a medical malpractice case. In the case, the plaintiff sued her oncologists alleging that they treated her for years for the wrong form of cancer, which led to the removal of part of her intestines and colon.

What makes the case especially unusual is that the case included a claim for damages on behalf of the woman’s longtime partner who had joined the woman in a civil union . In the litigation, a judge threw out the partner’s claims, holding that while the woman had been partners for more than 20 years they were not legally joined at the time of the alleged negligence.

If such a case is brought in Maryland, it will be interesting to see what the result is. Maryland’s wrongful death statute, section 3-904 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, a copy of which is below, allows claims for by a parent, spouse or child of the deceased person. The claim is for emotional distress and financial loss due to the death of family member. These are the most common type of wrongful death claim, as there is frequently a parent, spouse or child of the deceased alive to pursue such a case. The term “spouse” is not defined in the section where the statute is contained, so one certainly could argue that a person who participates in a lawful civil union ceremony is a “spouse” for purposes of the wrongful death act. If that argument doesn’t work, the Maryland wrongful death act includes a provision to allow for economic losses by certain people if there is no parent, spouse or child of the deceased. Those claims are for people related to the deceased by blood or marriage. Again, it can be argued that “marriage” is not defined, so that could cover a person who participates in a lawful civil union ceremony. It’s only a matter of time before this is tested.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many wrongful death cases on behalf of parents, spouses and children of the deceased.

We handle cases like these all of the time in my practice.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

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Failure to Diagnose Kidney Stone Infection Causing Death

June 28, 2010 | by Andrew G. Slutkin

A South Carolina jury has awarded $3 million in a medical malpractice case to the family of a 25-year-old woman who died after medical treatment in 2002. The woman died from an infection due to a kidney stone. After the treatment at a local emergency room, the woman was discharged and due to check-up with a urologist the following Monday. However, before she could see the doctor, she died from an infection. The jury found that the emergency room and hospital did not meet the standard of care when they failed to take appropriate vital signs and perform basic testing, which would have resulted in proper diagnosis and treatment of the infection.

This sounds like a very good case. It is important for all health care providers to obtain baseline vital signs on a patient and perform reasonable tests that can diagnose serious problems that are likely. In this case, the doctors diagnosed a kidney stone but did not do the routine blood testing that would have revealed that the woman actually was very sick. Instead, she was sent home with the false assurance that she could wait a few days to be seen. It is tragic.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many medical malpractice cases failure to timely perform appropriate medical tests that would have revealed a serious illness. It is always a shame when a simple and routine test is not performed, resulting in a serious injury or death.

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Improper resuscitaiton causing cerebral palsy

March 16, 2010 | by Andrew G. Slutkin

A New York jury has awarded a family $43 million in a medical malpractice case. The jury found that a hospital failed to properly resuscitate a child at birth, causing cerebral palsy. The family had previously settled out of court with the doctor involved in the delivery.

My name is Andrew Slutkin. As an experienced Baltimore, Maryland medical malpractice lawyer, I have successfully handled a number of medical malpractice cases involving birth injuries. These cases are extremely complex, requiring multiple expert witnesses such as an obstetrician, neonatologist, pediatric neurologist placental pathologist, life care planner, economist, etc. They are very challenging cases to win, but important nevertheless as they can help a family take care of a brain damaged individual for life. To see some of the cases I have handled, click here.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

Dr. Mark Midei and St. Joseph Medical Center – unnecessary cardic stents

February 23, 2010 | by Andrew G. Slutkin

So far, I have carefully selected about a three medical malpractice cases against Dr. Mark Midei and St. Joseph Medical Center. In each of these cases, the client contacted me either after getting a letter from St. Joseph Medical Center stating that he or she received an unnecessary stent or after reading articles in the newspaper about Dr. Midei and St. Joseph.

To date, there have been seven articles about this fiasco in the Baltimore Sun, consisting of the following:

1/15/10 Patients learn they might have unneeded stents.

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Apologies and Expressions of Regret Are Inadmissible in Maryland

February 21, 2010 | by Andrew G. Slutkin

A bill currently is being considered by the Maryland legislature would expand a law that protect a doctors from his apology being used against him in court in a medical malpractice case. Currently, Maryland law states that an apology or statement of regret by a doctor is inadmissible in a medical malpractice trial. That statute, which is found in Section 10-920 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, encourages doctors to apologize for an error. In my opinion, it is a good law that encourages a doctor to be honest with a patient.

But a new bill has been proposed to expand the current law so that other things the doctor says along with the apology or statement of regret also would be inadmissible. This does not make sense. We shouldn’t have to exclude statements from evidence to encourage our doctors to be honest with us. Moreover, the effect of this proposed law would be to prohibit from evidence what could be the only evidence of what happened. For example, suppose a patient becomes paralyzed during back surgery and the operative report and all of the other records surrounding the procedure are silent as to what happened (this is exactly what happened in a recent case of mine). Then, suppose the doctor comes into the patient’s room after the surgery and says “I’m really sorry that you are paralyzed (currently this would be inadmissible) and I feel really bad about what happened (also currently inadmissible), but during the surgery I dropped an instrument on then spinal cord by accident because I was really tired from being out the night before with my medical school buddies at a reunion; I just wanted you to know what happened.” The proposed law would make that last part of the doctor’s confession inadmissible. That is absurd.

In my opinion, the much better approach would be to enact a law that requires our doctors to tell us what happened when there is an adverse outcome that is significant. This would serve the public much better than a law that shields the truth from evidence.

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Malpractice Causing Dehydration and Brain Damage

February 9, 2010 | by Andrew G. Slutkin

A Florida jury has awarded the family of a 9-year-old boy $11.1 million in a medical malpractice case arising out of negligent medical care at a local hospital. The family claimed that the child was not properly treated in the emergency room. The child, then 3 months old, had been sick for days with vomiting and diarrhea, so he was taken to the hospital. After a few hours, he was discharged, however, the hospital had failed to check the child for dehydration. By the next morning he could barely breathe, and had to be rushed back to the hospital. By that time, he suffered from an irreversible brain injury.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have successfully handled a number of medical malpractice cases involving sick children. I also have handled several dehydration cases. When people get sick, especially when they vomit or have diarrhea, they can become dehydrated quickly, which creates a serious imbalance in their fluid and electrolyte levels. When these levels become out of sync, they can cause severe sickness, organ damage and even death. In these cases, it is critical for the doctor or hospital to perform a a complete blood count and a simple metabolic panel. To see some of the cases I have handled, click here.

Negligent Urology Surgery Results in Large Verdict

January 29, 2010 | by Andrew G. Slutkin

A Kentucky jury has award $4.6 million to a couple in a medical malpractice case. The couple claimed that a urologist performed a negligent medical procedure on the husband causing permanent personal injuries. The verdict included $3,750,000 to the husband for pain and suffering, $117,612 for medical expenses and $750,000 to the wife.

As an experienced Baltimore, Maryland medical malpractice lawyer, I handle cases like these all of the time in my practice. One involved negligent anesthesia during urological procedures, while another involved the failure to recognize a spinal cord tumor that was causing incontinence. This is an extremely large verdict for such a case. While the newspaper article didn’t identify the particular injury, it must have been severe.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

Aspiration Pneumonia Malpractice

January 26, 2010 | by Andrew G. Slutkin

An Alabama jury has awarded $20 million in a medical malpractice case in which a woman died after receiving negligent anesthesia care. The woman, a wife and mother of two, died in 2006 after receiving anesthesia during exploratory surgery. The woman, who had been suffering from severe abdominal pain, aspirated bile from her stomach into her lungs, causing aspiration pneumonia. The family claimed that the defendant doctors did not examine the woman’s abdomen or look at her medical records before the exploratory surgery, which would have revealed her risk factors for breathing fluid into her lungs.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of medical malpractice cases, including some involving the negligent administration of anesthesia. In one case, a woman died from improper monitoring during anesthesia. In another case, a patient died of aspiration pneumonia during the days after surgery. These are tragic cases. They can easily be prevented with just even the minimum care and attention. To see some of the cases I have handled, click here.

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786