Published by Arfaa Law Group
It is estimated that almost 100,000 people in the United States die every year due to medical malpractice. If you have lost a loved one due to a medical professional’s negligence, you need to reach out to a skilled Baltimore wrongful death attorney who can provide you with reliable legal advice.
Forty-year-old C.D. died in Iowa after having a reaction to dye used for a routine CT scan in June of 2015. C.D. was at a local hospital to receive a CT scan. She had an allergic reaction to the contrast dye given to her for the scan and went into anaphylactic shock and lost consciousness. The plaintiffs in the case allege that the doctor was negligent in his treatment of C.D. because he failed to immediately take her vital signs and did not administer epinephrine, which could have reversed the anaphylactic shock. In short, the plaintiffs sued the doctor claiming his negligence cause C.D.’s death.
The doctor and the hospital denied the negligence claims and the case went to trial.
The jury sided with the plaintiffs, deciding that the doctor was negligent and his negligence was the direct cause of C.D.’s death. As such, C.D.’s husband and surviving children were awarded $29.5 million in damages for C.D.’s pain and suffering, as well as loss of consortium suffered by her children and husband. It is important to note that while Iowa has caps on non-economic damages in medical malpractice claims, those caps do not apply in cases of death.
While the case took place in Iowa, the family of a Maryland patient who dies due to a medical professional’s negligence would also be able to recover damages through a wrongful death claim against the at-fault party or parties. Wrongful death occurs when someone dies because of the error, misconduct or wrongdoing of another. In the context of wrongful death from medical malpractice, a healthcare provider will likely be liable for wrongful death if the patient’s death was the direct result of the healthcare provider’s failure to adhere to the appropriate and accepted standard of care under the circumstances. The standard of care is typically based on how a reasonably competent healthcare provider in the same specialty would have acted in the same situation.
You should be aware that there is a cap on damages in Maryland medical malpractice claims. The non-economic damages cap in Maryland medical malpractice cases in 2018 is $800,000. The cap rises to $1 million in wrongful death cases made by two or ore surviving family members. There is no cap on economic damages.
Losing a loved one is always difficult but it can be even worse when the death was preventable. If your loved one has died due to a medical professional’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, our reputable Baltimore wrongful death attorneys have a long history of favorably resolving Maryland medical malpractice cases. You can rest assured that we will fight with you to maximize the value of your case. To speak to us in more detail, call us at 410-889-1850 or contact us online.
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