Hospital Negligence

Court Discusses Tolling of Statute of Limitations in Maryland Medical Malpractice Claims

Published on: October 15, 2019 | by Arfaa Law Group

Regardless of the strength of evidence of medical malpractice, if a person does not comply with the procedural requirements of pursuing a claim against a medical provider, the person’s claims may be dismissed. For example, anyone who seeks damages for a medical injury must first file a claim with the Health Care Alternative Dispute Resolution Office (HCADRO) within a certain amount of time, and if they fail to do so they may waive the right to recover damages. Recently, the Court of Special Appeals addressed the issue of whether the filing of a claim in the circuit court tolls the statute of limitations for filing a claim against a health care provider for a medical injury. If you suffered harm due to a medical injury, you should speak with a dedicated Maryland medical malpractice attorney to discuss what you must prove to recover damages.

Factual and Procedural Background

It is alleged that the plaintiff was working as a security guard at the defendant hospital when he was physically assaulted by a patient. The plaintiff suffered injuries due to the assault. The plaintiff subsequently sued the defendant hospital and emergency room physicians, arguing that they negligently failed to appropriately assess the mental status of the patient that assaulted the plaintiff and failed to properly monitor the patient, who was mentally ill.

It is reported that the defendants filed a motion to dismiss the plaintiff’s complaint, arguing that the complaint set forth claims of a medical injury within the scope of the Maryland Health Care Claims Act, which mandates that all claims seeking damages for a medical injury must first be filed with HCADRO. As the plaintiff did not file a claim with HCADRO, the defendants asserted the plaintiff ‘s claim must be dismissed. The trial court agreed, dismissing the claim without prejudice. Continue Reading ›

Hospital Settles Medical Malpractice Claim for Failing to Diagnose Heart Condition Properly

Published on: May 20, 2019 | by Arfaa Law Group

If you or your loved one has suffered harm because of a medical professional’s failure to diagnose or treat a condition properly, you may be able to recover financial compensation. At Arfaa Law Group, our diligent and hard-working Baltimore medical injury attorneys understand the intricacies of Maryland medical malpractice laws and can apply our knowledge to your case.

A California hospital recently agreed to pay a woman nearly $4 million to settle a medical malpractice claim that was filed by the family of a woman who has been in a coma since 2015, when she went into cardiac arrest in an emergency room waiting area after being discharged. According to the complaint, the woman’s family claimed that hospital staff overlooked signs that the woman was experiencing heart failure when she came to the emergency room with difficulty breathing and a known medical history of diabetes and kidney failure. In fact, the emergency staff allegedly gave the woman a narcotic and released her. She was in the hospital waiting room when she collapsed from suffering diabetic ketoacidosis, a life-threatening complication of diabetes, which can be triggered by a heart attack.

All medical professionals have an obligation to provide patients with competent care. In Maryland, medical malpractice occurs when a patient suffers injury, harm or death as the result of a medical professional’s neglect, omission or error in judgment. In order to establish medical malpractice, the patient has the burden to show that the medical professional violated the accepted standard of care, and that this violation was a direct and proximate cause of the injury. The standard of care refers to the level of care that a prudent medical professional in the same specialty would have used under the same or similar circumstances. In the aforementioned case, the plaintiffs alleged that the medical professionals violated the standard of care when instead of providing the patient with the necessary screening tests, they gave her narcotic pain medications, which further suppressed her respiratory system and discharged her from the hospital.
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Woman Wins Malpractice Claim for Botched Asthma Attack Treatment

Published on: May 15, 2019 | by Arfaa Law Group

Medical malpractice can lead to lasting injuries that can affect both a patient and his or her entire family. If you have been injured by the negligence of a medical professional, you may be able to recover compensation for your harm. At Arfaa Law Group, our diligent Baltimore medical malpractice attorneys understand that medical malpractice outcomes are contingent on a number of factors. We want you to focus on your recovery while we focus on the legalities of your case.

A woman in New York recently won over $100 million in a medical malpractice lawsuit against a hospital and several doctors over their care of a 2010 asthma attack that she suffered, leading to a massive brain injury. The hospital apparently failed to transfer the patient to a different hospital after being unable to care for her properly when she suffered swelling on the brain caused by carbon dioxide. The woman’s lawyer argued that the hospital breached the duty of care owed to the patient by failing to transfer her to a nearby facility that had the technology to remove the excessive carbon dioxide in her brain in order to prevent an injury. The incident left the woman hospitalized and in a nursing home for over a year. In fact, the patient still suffers from crippling, speech and mobility issues and is now limited to a wheelchair needing full time care, which is provided by her partner.

Generally, medical malpractice includes any type of medical negligence that takes place in a medical facility, including mistakes by physicians, nurses, technicians and other staff. Medical negligence is a broad term used to describe any treatment, lack of treatment, or any other departure from the accepted 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 in the same or similar circumstances. In order to win a negligence claim, the plaintiff must prove that the defendant medical professional violated the standard of care and this violation was a direct result of the patient’s injury.
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Maryland Court Says Auto Accident Settlement Bars Subsequent Medical Malpractice Claim

Published on: May 6, 2019 | by Arfaa Law Group

While people in every profession make mistakes from time to time, when a medical professional makes an error, it can cost a patient his or her life. If you have been injured or lost a loved one due to a healthcare provider’s negligence, our experienced Baltimore medical malpractice attorneys can help you figure out your next steps. At Arfaa Law Group, we understand how to navigate these complex claims.

A Maryland high court recently barred a car crash victim from pursuing a medical malpractice claim after discovering that she had been fully compensated for all of her injuries by the auto insurance company. The facts of the case are as follows. A woman sustained serious injuries in a car accident. She underwent surgery and developed a post-operative infection, which was resistant to treatment. Ultimately, a doctor treated her infection with antibiotics intravenously and ended up accidentally puncturing an artery during the procedure. As a result, the woman suffers from a condition that causes chronic pain, numbness and disability in her left arm.

In regards to the car crash, the woman sued the driver of the other car for negligence. She obtained a settlement from the negligent driver and the owner of the vehicle, as well as from her uninsured/underinsured motorist carrier.

Hospital Gets Sued After Performing Prostate Cancer Surgery on the Wrong Patient

Published on: April 22, 2019 | by Arfaa Law Group

Pathologists are doctors who study the cause and development of disease. These medical professionals play a vital role in a patient’s care. In fact, treatment decisions are often made solely on the opinion of a pathologist. If you have been hurt due to a pathologist’s error, you may be qualified to recover damages for your harm through a medical malpractice lawsuit. At Arfaa Law Group, our diligent Baltimore medical malpractice lawyers are committed to investigating your case and helping you figure out your next steps.

An Iowa man recently won a medical malpractice case for undergoing debilitating prostate cancer surgery and then learned that he did not have cancer. Apparently, a pathologist mixed up slides of the plaintiff with another man who, in fact, did have prostate cancer. The error led to an incorrect diagnosis, and ultimately unnecessary prostate gland removal surgery in April 2017. The procedure was not only painful; it seriously damaged nearby nerves and left the plaintiff impotent and incontinent. His quality of life has been severely affected due to both of these conditions. While the hospital admitted that unnecessary surgery had taken place, the main issue at trial was over the question of damages. Ultimately, the plaintiff was awarded $12.25 million.

While this is an Iowa case, the sad reality is that pathology errors leading to devastating consequences happen everywhere and Maryland is no exception. Pathologists study and diagnose diseases through examining surgically removed organs, tissues (biopsy samples), bodily fluids, and in some cases the entire body (autopsy). This is done through examining tissue samples and cells in body fluids under the microscope and making a determination based on those observations. A pathologist error could have one of two consequences: it could lead to a delay in treatment or lead to unnecessary treatment. The latter is what happened in the aforementioned Iowa case. The pathologist correctly identified prostate cancer based on the slide but mixed up patient files, which led to diagnosing the wrong patient.

Deceased Woman’s Family Wins Medical Malpractice Claim

Published on: March 18, 2019 | by Arfaa Law Group

If you have suffered an injury or lost a loved one due to what you believe may have been medical negligence pertaining to laser lead extraction, you should immediately reach out to a trusted Baltimore medical malpractice attorney. At Arfaa Law Group, we are committed to holding careless physicians responsible for the pain and heartache they inflict on patients. We know this is a difficult time for you and your family and that is precisely why we will navigate your claim with the utmost compassion.

Recent Laser Lead Extraction Lawsuit

After a two-week trial, an Illinois jury handed down a unanimous verdict recently finding a hospital guilty of medial malpractice. The lawsuit was filed after a 64-year-old man went through a laser extraction program to remove a pacemaker and later died in a hospital Cath Lab where the heart and blood vessels were perforated by the laser. The complaint alleged that the patient was the victim of a poorly prepared staff that not only perforated his heart but also was unable to respond to the injury in a timely manner. The family will now receive over $2 million as compensation for their loss.

Expert Says Culture of Medical Overtreatment Needs to Change in Maryland and throughout the US

Published on: November 9, 2018 | by Arfaa Law Group

Medical overtreatment is a scary reality in Maryland and throughout the US. If you or a family member has suffered harm because of medical overtreatment, you should reach out to a Baltimore medical negligence attorney as soon as you can. Sadly, overtreatment is very common and can lead to a variety of negative health consequences for a patient and we believe that you shouldn’t have to deal with these consequences on your own.

The Research

Medical schools and facilities need to try and challenge the culture of medical overtreatment, says Barnett Kramer, MD, MPH, and the director of the cancer prevention division at the National Cancer Institute in Bethesda. The main issue recognized by a medical historian in the study is the insufficient training surrounding uncertainty in medical schools. In some cases, doctors must accept uncertainty because failing to do so leads to overusing tests and treatment. Another thing medical schools and doctors need to understand, according to the expert, is that it is okay to wait and see in some situations, and decisions do not have to be made right in that moment in every case.

The Link Between Patient Outcomes and Accreditation in US (and Maryland) Hospitals

Published on: November 2, 2018 | by Arfaa Law Group

Medical malpractice is a massive problem in Maryland and across the US. When visiting a physician or other healthcare provider, you assume you will be receiving reliable care. If you or someone you know has been injured as a result of medical malpractice, it is vital to contact our Baltimore medical malpractice attorneys to schedule a free consultation. If we accept your case, we will stand by your side throughout the entire legal process, acting as your advocates against medical negligence.

The Study

A recent study published in BMJ sought to examine, among other things, whether patients who are admitted to American hospitals, which are accredited, have more positive results than individuals who are admitted to hospitals assessed by state surveys. The study observed a total of 4400 hospitals across the country, of which 3337 were accredited and 1063 went under state based review between 2014 and 2017. The main outcome measures were mortality and readmission rates. Researchers concluded that there was no evidence to suggest that patients choosing a hospital accredited by the Joint Commission, the largest and most well known accrediting body, provides any healthcare benefits over choosing a hospital accredited by another independent accrediting organization.

Joint and Several Liability in Maryland Medical Malpractice Cases

Published on: October 24, 2018 | by Arfaa Law Group

Oftentimes, when a person sustains a medical injury, multiple parties are to blame. If you or a loved one has been harmed by a healthcare provider’s negligence, you need skilled legal counsel to review your case to identify any and all potentially responsible parties. Medical malpractice cases that have multiple defendants are not only incredibly complex; they require an enormous amount of paperwork so having an experienced Baltimore medical malpractice attorney is vital to your case.

Medical Malpractice

In order to understand the concept of joint and several liability, you must first understand the basics of medical malpractice. Medical malpractice is defined as any act or omission by a physician or other healthcare provider that departs from the generally accepted standards of practice in the medical community and is the direct cause of injury or death to a patient. As a practical matter, medical malpractice claims are civil claims that are filed against healthcare providers whose negligence caused harm to a patient.

Maryland Hospital Errors Have Decreased

Published on: July 24, 2018 | by Arfaa Law Group

As a society, we put great trust in medical professionals to help us to get better. If you or someone close to you has been injured at a hospital due to a medical professional’s negligence, we can help. At Arfaa Law Group, our highly skilled hospital negligence attorneys will examine the facts of your case and provide you with an honest assessment of your claim.

A recent study by the Leapfrog Group found that hospital errors have decreased from 2016-2017. The study used a wide range of sources, including Medicare; the American Hospital Association and surveys that the hospitals filled out on a voluntary basis to compile its data. After being ranked in the bottom five of the country’s safest hospitals, the state of Maryland has taken proactive steps to improve its safety rating by reducing medical mistakes and preventing injuries and infections. According to the Leapfrog Group’s evaluation, the safety measures did take Maryland out of the bottom five; however, there is still room for improvement.

Leapfrog assigned Maryland hospitals letter grades based on a range of patient safety measures. In the last assessment, only one of the state’s 44 hospitals earned an A, while seven received a B. The majority earned a C, while eight got a D and one even received an F. According to the most recent assessment, ten hospitals in Maryland have improved their grades. However, the majority of hospitals still received a grade of C or below, indicating the work that still needs to be done.