Medical Malpractice News

Court Discusses Changes in Maryland Medical Malpractice Law

Published on: September 7, 2022 | by Arfaa Law Group

Pursuant to Maryland law, a plaintiff that wishes to pursue medical malpractice claims must comply with the requirements of the Maryland Health Care Malpractice Claims Act (the Act). Among other things, Act requires plaintiffs to file a statement of a qualified expert prior to proceeding with civil claims. While the failure to do so used to be fatal to medical malpractice claims filed in federal court, an intervening change in the law dictates that courts can no longer dismiss a plaintiff’s claims due to their failure to serve an expert certificate prior to suing. The impact of the ruling was discussed by the Maryland district court in a matter in which it ultimately reinstated the plaintiff’s medical malpractice claims. If you suffered harm due to the carelessness of a healthcare provider, you should meet with a Maryland medical malpractice lawyer to discuss what damages you may be owed.

Background of the Case

It is reported that the decedent filed a medical malpractice complaint against the defendants in January 2019, alleging he received inadequate treatment for various conditions when he was housed in a state facility. Following the decedent’s death, the representative of his estate was substituted as the plaintiff. In turn, she asserted that the treatment offered to the decedent fell below the standard of care. The defendant moved to dismiss the plaintiff’s medical malpractice claims, and the court granted their motion. The plaintiff then filed a motion for reconsideration.

Maryland Medical Malpractice Claims Filed in Federal Court

Due to an intervening change in the law between the time the previous order was issued and the plaintiff’s filing of the motion for reconsideration, the court granted the motion. The court explained that it originally dismissed the plaintiff’s medical malpractice claims because she failed to satisfy the requirements of the Act. Namely, she failed to file a certificate of a qualified expert that set forth how a defendant’s deviation from the accepted standard of care caused the plaintiff’s harm, and neglected to submit her claims to arbitration or properly waive arbitration. Continue Reading ›

Maryland Court Dismisses Medical Malpractice Claim as Untimely

Published on: September 4, 2020 | by Arfaa Law Group

It is broadly understood that a party harmed by medical negligence must pursue claims against the health care provider that caused the alleged harm within the applicable statute of limitations. While normally the statute begins to run when the injury occurs, sometimes it will not accrue until the injury is discovered. As discussed in a recent Maryland case, though, in many instances, there can be a dispute over when a party knew or should have known that a doctor’s incompetence caused a patient’s harm. If you were hurt by negligent medical care, it is smart to confer with a skilled Maryland medical malpractice attorney to assess whether you may be able to pursue a claim for damages.

Factual History

It is alleged that in May 2000, the plaintiff underwent a surgery that was performed by the defendant, during which the defendant placed a surgical clip on the plaintiff’s right ureter. In 2014 she began to experience abdominal pain and was admitted to the hospital. She was diagnosed with hydronephrosis in 2006. Then, in 2017, the plaintiff filed a medical malpractice lawsuit asserting claims against the defendant, alleging that he negligently placed the clip, which caused her to develop hydronephrosis and other health issues. The defendant moved for summary judgment, arguing that the plaintiff’s claims were barred by the statute of limitations. The trial court granted the motion, and the plaintiff appealed.

Maryland Deadlines for Filing Medical Malpractice Claims

On appeal, the plaintiff argued that her claims were not untimely because although the clip was placed in 2000, her injury did not occur until 2014. The appellate court explained that the statute of limitations is meant to encourage prompt resolution of claims and avoid extended delays and the loss of evidence. Thus, actions arising from the negligence of health care providers must be pursued within three years of the date when the injury was discovered or within five years of when the injury was committed. Continue Reading ›

Electronic Health Record-Related Medical Malpractice Claims have Spiked Since 2010

Published on: September 26, 2019 | by Arfaa Law Group

Medical malpractice can happen in a variety of ways. If you suspect that you or someone you love has been hurt by medical malpractice involving electronic health records (EHR), our Baltimore medical malpractice lawyers can help. The rate of EHR-related claims has gone up drastically in the past decade and it is clear that adjustments have to be made to improve patient safety. As experienced medical malpractice advocates, we will meticulously investigate your case to identify any errors or lapses in judgment that may have caused you harm.

According to a recent report, EHR-related claims in medical malpractice lawsuits have increased from 0.35 percent in 2010 to 1.35 percent in 2018. Specifically, the rate of these claims shot up from a low of 7 cases in 2010 to an average of 22.5 between 2017 and 2018. It is important to note that EHRs are generally contributing factors as opposed to the primary causes of malpractice claims. Approximately 12 percent of the EHR-related claims were the result of technology failure, while 7 percent were the result of EHR lacking alerts or failing to send alerts. The main user-related problems included copying/pasting, EHR conversion issues and users entering the wrong information.

Researchers found that family medicine and internal medicine obtained the highest percentage of claims (8 percent) in which EHRs played a role, with cardiology and radiology next at 6 percent. General surgery and emergency medicine had the lowest percentage of claims involving EHRs (3 percent). Of all the claims related to EHRs, diagnosis-related claims accounted for almost one-third.

Over Half of US Neurointerventionalists Meet Criteria for Burnout

Published on: September 12, 2019 | by Arfaa Law Group

Physician burnout is an increasingly common issue in the medical field. Burnout not only puts the physician’s own health at risk, it jeopardizes patient safety. If you have been the victim of medical malpractice and you suspect physician burnout had something to do with it, our Baltimore medical malpractice lawyers can help. In other words, you may be able to sue for medical malpractice if you were injured because of an overworked or burned-out doctor. Burnout cases are complicated and can be difficult to prove, which is why it is imperative to work with a legal advocate who has experience in this area of law.

A new report found that 56 percent of the 320 neurointerventionalists who participated in an online survey met the criteria for burnout. Burnout takes place when a medical professional continues to work long hours under stressful situations for a prolonged period of time. These findings are consistent with prior research that indicates approximately 50 percent of neurosurgeons and neurologists, and more than 60 percent of radiologists, report some extent of burnout. According to a survey with 22 questions, almost 50 percent of the respondents had high scores for indicators of emotional fatigue, 36 percent for depersonalization and 16 percent for unhappy feelings related to personal accomplishment. Almost two-thirds felt insufficiently appreciated by their hospital or department leaders with 40.6 percent highlighting they had seriously considered leaving medicine in the past five years. Over 60 percent also felt like they were not sufficiently compensated for their jobs.

Doctor burnout is a major problem in the United States and it can have severe, even deadly consequences for a patient. When a doctor experiences burnout, a wide range of adverse events may take place ranging from minor errors to extreme and irreversible mistakes. All medical professionals are required to provide competent care. If you have been harmed by a doctor who was overworked or experiencing burnout, you may be able to recover compensation through a medical malpractice claim. To succeed in a malpractice case, you must show that the doctor’s negligence resulted in the injury and that the doctor failed to provide the standard of care that a sensible doctor would have provided. The standard of care refers to the accepted set of practices that other medical professionals in the same field would use when treating a similar patient under similar circumstances.

MRIs for Low Back Pain Sometimes Do More Harm than Good

Published on: September 4, 2019 | by Arfaa Law Group

Unfortunately, medical over-treatment is a reality across the United States. While over-treatment may seem harmless, the reality is that it can cause injury or lead to making your illness worse. Many physicians believe that over-treatment can be caused by a medical professional’s own financial motives, the fear of malpractice lawsuits, or both. If you have suffered an injury that you believe was caused by medical over-treatment, our Baltimore medical malpractice attorneys can help you determine your legal options to pursue compensation.

According to a recent study, magnetic resonance imaging (MRI) and other high tech scans for low back pain shot up by 50 percent between 1995 to 2015. Up to 35 percent of MRI scans for lower back pain were inappropriate. While medical societies have launched campaigns to convince doctors and patients to forego the unnecessary images, it has not improved the situation. Unnecessary imaging is not just limited to lower back pain. Americans spend in excess of $100 billion on different types of diagnostic imaging every year, much of which is unnecessary and, in some case, can be harmful. For instance, even though X-rays are relatively cheap, they can increase the risk of cancer. According to doctors, another issue is that MRIs can provide too much information that is not related to the back pain, which can lead to confusion and surgery for benign abnormalities.

Over-treatment can take a serious toll on a patient. In addition to the expenses, patients may be subjected to risks like radiation, dangerous side effects and a number of other risks that are inherent with many intensive and invasive treatments and procedures. A doctor has a duty to treat you with the appropriate standard of care, which is the same level of care and caution that another doctor confronted with the same situation would exercise. If you are over-treated and this treatment results in harm, you may be able to pursue a medical malpractice lawsuit against the at-fault doctor if you can establish that the doctor violated the appropriate standard of care. In short, medical malpractice occurs when the doctor’s breach of the standard of care is a direct cause of patient injury.

The “Big Three” Diseases Account for Most Frequent Diagnostic Errors

Published on: August 28, 2019 | by Arfaa Law Group

Failure to diagnose a patient’s illness properly is among the most common forms of medical negligence. If this has happened to you or someone you care about, we are here to help. Our Baltimore diagnostic error attorneys understand the devastating toll that a misdiagnosis, delayed diagnosis or missed diagnosis can have on a patient and his or her life, which is why we will work diligently to help secure a better future for you and your family.

Diagnostic errors cause serious preventable harm to patients. Countrywide estimates for these errors range from 40,000 to 4 million every year. A new study published in the peer-reviewed journal Diagnosis reveals that 34 percent (about one third) of all medical malpractice cases that lead to death or permanent disability arise from an erroneous or delayed diagnosis, making it the leading cause of serious harm among medical mistakes. And of those instances, about 75 percent can be tracked back to diagnostic mistakes involving three medical conditions: cancer (37.8 percent), vascular events (22.2. percent) and infection (13.5 percent). The most frequent disease in each category was lung cancer, stroke and sepsis. The findings, from an analysis of nearly 12,000 malpractice claims, were sponsored by the Society to Improve Diagnosis in Medicine.

When a diagnostic error leads to the wrong treatment, delayed treatment or no treatment at all, the patient’s health condition can be made much worse. If someone suffers harm due to a diagnostic error, a medical malpractice claim can be filed against an at-fault medical professional. However, the burden of proof in every medical malpractice case is on the victim, who must establish each of the following elements:

Malpractice Claims Are Often the Result of Errors Related to Patients’ Medical Records

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

Medical records are a way to document a patient’s medical history as well as the history of care that person has received by a specific medical professional. These records are vital to ensuring a patient receives adequate care. If you’ve suffered harm due to an error in your medical record or because your medical record was mixed up with another patient’s record, we are here to help. Our Baltimore medical negligence attorneys believe that victims of malpractice deserve full and fair compensation for their injuries and losses.

A study recently conducted by the Pew Charitable Trusts and the Massachusetts eHealth Collaborative has revealed that matching patients to their healthcare records is an ongoing issue in medical facilities across the country. Shockingly, in some places, the current patient match rate could be as low as 50 or 60 percent. The study also found that medical record errors are more common in urban health systems where patients obtain medical care at multiple facilities, indicating a need for more efficient data exchange not just within medical facilities, but also between them.

Mismatched patient records take place when two patients, frequently with a similar name, have their records mixed up by a medical professional. This can lead to a wide range of adverse health consequences for a patient, including, but not limited to: delays in patient care; patients receiving the wrong surgical procedure; patients receiving the wrong medication and an overall increase in healthcare costs. Another type of medical records error takes place when multiple patient records exist for the same patient. Not only are duplicate records inconvenient, they can lead to misinformation and medical professionals providing unnecessary testing and treatment.

Unprofessional or Rude Behavior by Surgeons can Negatively Impact Patient Outcomes

Published on: July 19, 2019 | by Arfaa Law Group

Surgical errors can have catastrophic consequences for a patient as well as his or her loved ones. If you sustained an injury due to a surgeon’s neglect, you may have a medical malpractice lawsuit on your hands. Our Baltimore surgery malpractice advocates will take our time reviewing your case and help you understand your legal rights and options following a medical mishap.

A study recently printed in the Journal of the American Medical Association found that patients of surgeons who acted unprofessionally around their colleagues were more likely to have complications following surgery. In fact, surgeons who exhibit unprofessional conduct can weaken the performance of their teams, the researchers found, potentially putting patient safety at risk.

To conduct the study, data from almost 13,7000 patients and 202 surgeons from the National Surgical Quality Improvement Program were used. Researchers examined post-surgery reports to determine whether the surgeons’ colleagues reported any of the following conduct: uncertain or ill-mannered communication, poor or unsafe care, lack of integrity and failing to follow through on professional obligations.

Studies Show that Young Female Physicians are Particularly Vulnerable to Burnout

Published on: July 12, 2019 | by Arfaa Law Group

All medical professionals have a duty to provide competent care. This can be difficult, however, when a physician is experiencing burnout. If you or someone close to you has suffered a medical injury that you believe was caused by burnout, we can help. Our Baltimore medical injury lawyers understand that figuring out whether a claim is worth pursuing can be both stressful and daunting. We want to take this stress away by figuring out the legalities in your case so you and your family can focus on healing.

Recent suicides have demonstrated that more than half of all physicians report symptoms of burnout. Burnout has been defined as long-term, unresolvable job stress that leads to feeling overwhelmed, cynical and even hopeless. Burnout also often leaves physicians feeling a lack personal accomplishment and this takes a serious toll. Alarmingly, suicide rates are twice as high among physicians as compared to other professionals.

New research shows that women are especially vulnerable to burnout. One study indicates that women experience more depressive symptoms in their first year of training as a doctor. Another study found that women quit the surgical field for a number of reasons: the impact of pregnancy; child-rearing; not enough female role models; sexism and discrimination; sexual harassment and assault; as well as poor mental health. Female physicians are not as likely to get patient referrals as their male counterparts in the same specialty; and by the end of the year, women earn, on average, $105,000 less than male specialists. All of these factors lead to burnout.

Research Indicates that Artificial Intelligence can Make Ophthalmologists More Effective

Published on: June 27, 2019 | by Arfaa Law Group

Being the victim of medical malpractice is a situation that no one ever wants to find themselves in, but the reality is that it happens all the time in Maryland and throughout the country. If you have been injured due to the negligence of an ophthalmologist, you may be entitled to compensation for your harm. Our skilled Baltimore ophthalmologist malpractice attorneys have a rich legacy of providing advocacy and legal services throughout the state.

A recent study from the Google AI Research Group suggests that physicians and algorithms working together can lead to positive patient outcomes. The report, which was published in the Journal of American Academy of Ophthalmology, found that algorithms improved an ophthalmologist’s diagnostic accuracy. This is potentially groundbreaking because more than 29 million Americans have diabetes and are at risk for diabetic retinopathy, a potentially blinding eye disease. Sadly, the screenings that are intended to detect vision loss can vary substantially. One study determined that there was a 49 percent error rate among internists, diabetologists, and medical residents. As such, recent advances in AI that are committed to improving access to diabetic retinopathy screening and improve its accuracy could really change lives.

Unfortunately, like other doctors, ophthalmologists can make mistakes that lead to patient harm. If you have suffered harm due an ophthalmologist’s error, carelessness or misconduct – you may be able to recover damages through a medical malpractice claim. The specific damages you will be able to recover will vary depending on the nature and extent of the injury suffered. Typically, however, a plaintiff will be entitled to medical expenses, lost wages, pain and suffering, rehabilitation costs and more.
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