When a loved one seeks emergency care, families trust that medical professionals will act quickly and competently to prevent harm. Yet when that trust is broken, the consequences can be devastating. Medical negligence claims against federal healthcare providers present an additional layer of complexity, as both federal law and state malpractice rules come into play. A recent Maryland decision demonstrates just how critical expert testimony is in proving negligence. If you or someone close to you has suffered harm in a federal medical facility, it is vital to speak with a Baltimore medical malpractice attorney who can guide you through these legal hurdles.
Facts and Procedure of the Case
It is reported that the plaintiffs, surviving family members of a deceased patient, filed a wrongful death and survival action alleging that the decedent died as a result of negligent care received at a federal facility in Maryland. The decedent was transported to the emergency room with complaints of fatigue, abdominal pain, and vomiting of dark material. Diagnostic imaging revealed an incomplete small bowel obstruction, and the treatment plan included placement of a nasogastric (NG) tube to relieve pressure and reduce the risk of aspiration.
It is alleged that attempts to place the NG tube were initially unsuccessful when performed by a physician. A nurse was ultimately able to insert the tube, and the physician conducted basic checks that appeared to confirm correct placement. However, subsequent imaging was inconclusive, and the patient’s condition deteriorated rapidly. A CT scan eventually revealed that the NG tube had been misplaced into the patient’s lung, resulting in a pneumothorax and ultimately death from respiratory complications.
It is reported that the plaintiffs alleged multiple breaches of the standard of care by both the nurse and the physician, including failing to confirm proper placement of the NG tube, failing to recognize signs of misplacement, and failing to intervene in a timely manner when the patient’s oxygen levels declined. The plaintiffs retained a pulmonary critical care physician as their expert witness. The defendants moved to exclude the expert’s testimony regarding both the physician’s and the nurse’s standard of care, and separately moved for summary judgment.
Expert Testimony in Maryland Medical Malpractice Cases
On review, the court analyzed whether the plaintiffs’ expert met the qualifications required under Maryland’s Health Care Malpractice Claims Act. The Act provides that an expert must share the same or a related specialty with the defendant healthcare provider to testify about the applicable standard of care. For the nursing claims, the court found that the plaintiffs’ expert, a critical care physician, lacked the requisite qualifications to opine on the standard of care for a registered nurse. His report did not address nursing-specific standards, and his expertise did not overlap with emergency department nursing practice. Consequently, the court precluded him from testifying against the nurse defendant.
The defendants also challenged the expert’s qualifications to testify against the emergency room physician, arguing that his specialty in pulmonary and critical care medicine was unrelated. However, the court distinguished this situation from prior Maryland cases and found that pulmonary and critical care overlapped with emergency medicine in the context of NG tube placement and management. Dr. Salzman regularly consulted in emergency departments, treated similar patients, and had published on pulmonary complications arising from NG tube misplacement. The court determined that his testimony was admissible as it pertained to the physician defendant.
Talk to a Skilled Baltimore Medical Malpractice Attorney
If you believe you or a loved one has been harmed by medical negligence in a federal medical facility, you should talk to an attorney about your potential claims. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys provide compassionate and strategic advocacy for clients facing complex claims. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation and learn more about your legal rights.