It is not uncommon for a patient harmed by medical malpractice to have underlying claims arising out of the harm that caused the initial need for medical treatment. It is crucial for anyone harmed by negligent medical care to understand how any related claims may affect a potential claim against the care provider. This was demonstrated in a recent Maryland case in which the plaintiff’s medical malpractice case was dismissed due to her settlement with her insurer following a car accident. If you were harmed by inadequate medical care, it is advisable to meet with a trusted Maryland medical malpractice attorney regarding what claims you may be able to pursue.
Reportedly, the plaintiff suffered injuries in a car accident. Following the accident, she underwent bilateral reconstructive breast surgeries at the defendant hospital. She subsequently developed cellulitis, which was treated with intravenous antibiotics, which were administered through a PICC line in her left arm. When the line was being inserted, it punctured her brachial artery. The plaintiff then underwent surgery to repair her brachial artery. She developed pain and reflex sympathetic dystrophy in her arm as a result of the injury to her brachial artery.
It is alleged that the plaintiff filed a lawsuit against the driver and ultimately settled the case, signing a release of all claims. Although the release expressly reserved the plaintiff’s right to pursue claims against her insurance carrier, it did not mention the defendant hospital. The plaintiff then filed a lawsuit against her insurance carrier for breach of contract. She alleged the harm suffered due to the PICC line as an element of damages. The claim eventually settled. Continue Reading