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Woman Wins Maryland Malpractice Case Due to OBGYN Negligence

medicineUnfortunately, medical mistakes are common in Maryland and throughout the United States. OBGYN errors can have serious consequences for a patient’s health. If you or your loved one has been injured by an OBGYN’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, we can investigate the merits of your case and provide you with an honest assessment of your claim.

A Maryland jury decided in favor of a woman who developed lung cancer after her gynecologist failed to follow up on the results of a hysterectomy properly. Specifically, the gynecologist failed to share with the patient a pathologist’s warnings in 2011 that the uterine tumors she discovered during the hysterectomy were potentially malignant. The pathologist had recommended close clinical follow-up treatment, but the OBGYN took no steps to institute a close clinical follow-up of the surgical pathology results.

In 2014, the patient underwent medical tests that revealed she had metastatic lung cancer that likely originated in the uterus, according to the complaint. The patient currently suffers from stage-4 sarcoma in her lungs.

In Maryland, medical malpractice takes place when a medical professional causes an injury or death to a patient by failing to adhere to the appropriate standard of care. The standard of care refers to the level of care and caution that a reasonably prudent medical professional in the same specialty would have used under the same or similar circumstances. As a result, when OBGYN negligence is examined, the relevant question becomes:  did the OBGYN use the level of care and caution that a reasonably prudent OBGYN in the same situation would have used? In the case at hand, the jury determined the answer was no. Thus, the OBGYN was liable for malpractice.

The plaintiff was awarded economic damages as well as non-economic damages, including mental anguish and pain and suffering. It is important to note that while there is no limit on the amount of economic damages a plaintiff can recover in Maryland, there is a cap on non-economic damages. The cap on non-economic damages in 2017 is in the amount of $785,000.

Medical malpractice lawsuits must be filed within a certain time frame, known as the statute of limitations. Typically, a patient must file a medical malpractice claim either within five years from the date of the injury or within three years from when the injury was discovered, whichever is earlier. These legal time frames should not be taken lightly because failing to file within the statute of limitations could mean being barred from taking legal action altogether.

If you or someone close to you has been harmed in a medical malpractice incident, such as the one in the case at hand, it is imperative to seek the help of a skilled Baltimore cancer misdiagnosis attorney as soon as possible. At Arfaa Law Group, we have helped many Maryland clients resolve their malpractice claims and can help you as well. We are here to answer your questions and address your concerns at every step of the way. To determine whether you may have a case, call us at 410-889-1850 or contact us online.

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