Articles Posted in Maryland Medical Malpractice Law

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surgery

If you have been injured due to a surgeon’s negligence, it is important to reach out to a seasoned Baltimore surgical malpractice attorney who can evaluate the facts of your case. At Arfaa Law Group, we understand how important is it to keep ourselves informed about medical malpractice law so that we can come up with an effective legal strategy in your case. With years of experience, you can rest assured that we know how to navigate these types of cases.

In a recent decision, the Court of Special Appeals of Maryland, Maryland’s intermediate appellate court, held that the trial court erred by giving jury instructions on negligence that led jurors to assess the physician’s conduct in a medical malpractice case from a reasonable person standpoint. Jurors in medical malpractice cases must assess not how a reasonable person would have treated the patient but instead what a reasonable medical professional in the same specialty should have done under the same or similar circumstances.

After years of neck and shoulder pain, the plaintiff in this case sought help from the defendant neurosurgeon. At that time, they discussed both surgical and nonsurgical treatments. The plaintiff agreed to the surgeon’s recommendation of a four-level anterior cervical discectomy and fusion surgery. The plaintiff’s recovery went well, but there were subsequent complications. The plaintiff ultimately filed a claim against the surgeon for malpractice and failure to obtain informed consent.

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