Medical Malpractice News

Published on: April 25, 2019

Apologizing Does Not Decrease Medical Malpractice Liability, Study Finds

Medical professionals have an obligation to provide competent care to each and every patient. Sadly, this does not always happen. If you have been injured by a medical professional’s negligence, our diligent and hard-working Baltimore medical malpractice attorneys can help you hold the at-fault party accountable. We will investigate the facts of your case and try our best to get you the compensation you deserve.

A new study published in the Stanford Law Review found that laws passed in 39 states over the last twenty years, which were intended to decrease medical malpractice litigation by protecting physicians who apologized for their errors, are not working. The aforementioned laws were passed based on case studies indicating that apologies from physicians to patients could promote healing and encourage patients to settle their claims outside of court. However, new research shows that when a patient is made aware that his or her doctor committed a medical error, the patient’s incentive to sue can actually increase even though the apology itself cannot be used as evidence of malpractice under the apology laws.

For surgeons, the research found that saying sorry did not impact either the number of lawsuits that were filed or the percentage of lawsuits filed that actually went to trial. For non-surgeons, on the other hand, laws requiring an apology had a worse effect. In fact, claims in states with apology law were 46 percent more prone to end up in a lawsuit. The monetary awards to patients of non-surgeons more than doubled in states with apology laws when compared to states without such laws.

Published on: April 10, 2019

Doctors More Likely to Become Solo Practitioners after Multiple Malpractice Claims

By Arfaa Law Group

Medical malpractice can lead to catastrophic injuries that can impact the rest of your life. If you have been seriously harmed because of what you believe to be medical malpractice, you may be eligible to recover damages for your harm. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are committed to representing victims of medical negligence across Maryland.

A study recently published in the New England Journal of Medicine found that doctors are more likely to open solo practices or quit practicing medicine altogether after facing multiple medical malpractice claims. The researchers found that either one of these responses are more likely than the doctor moving far away to find work and “start fresh.” The study examined a national group of 480,894 physicians in the age range of 35 to 65 who practiced from 2007 to 2015. A total of 89 percent of the doctors had no claims, 8.8 percent had 1 claim and the remaining 2.3 percent had 2 or more claims, which accounted for 38.9 percent of all claims.

According to the findings, more than 9 out of 10 doctors who have five or more successful malpractice claims against them continue to see patients and are in no rush to move far away from where the malpractice occurred. In addition, doctors who have multiple malpractice claims on their record are 45 percent more likely to give up and try another profession than those who have spotless records. In sum, doctors with multiple malpractice claims are no more likely to relocate than those with no claims but they are more likely to give up practicing medicine altogether.

Published on: April 3, 2019

Study finds Misdiagnosis is Top Complaint in Medical Malpractice Claims Involving Children

By Arfaa Law Group

While you trust that your doctor will provide the utmost quality of medical care to your child, the unfortunate reality is that this does not always happen. Just like adults, children are often the victims of medical malpractice. If your child was injured or died as a result of medical malpractice, you need to consult a seasoned Baltimore medical malpractice attorney immediately. At Arfaa Law Group, we are committed to holding negligent medical professionals accountable and seeking the monetary awards that you rightfully deserve.

A new study released by The Doctors Company, a physician-owned medical malpractice insurer, finds that misdiagnosis is the main reason for medical malpractice claims involving children. A misdiagnosis involving either a missed, failed or incorrect diagnosis, typically caused by insufficient medical evaluations, is the number one allegation in medical malpractice claims involving children aged one month to 17 years. It is also the second-most common allegation in lawsuits involving infants younger than one month old.

The study analyzed 1,215 claims from the year 2008 to the year 2017 that were filed against doctors in 52 specialties. The allegations in each claim, as well as the factors that led to the harm, were documented in each case. For instance, poor communication between doctors and the patient or family played a role in 15 to 22 percent of claims depending on the age of the child. In addition, the report provides specific recommendations about how healthcare professionals can reduce the risk of harm to children.

Published on: March 12, 2019

Study Highlights Serious Deficiency of Sepsis Care in Hospitals in Maryland and Nationwide

By Arfaa Law Group

If you or a loved one has developed sepsis while undergoing medical treatment, or suffered harm as a result of undiagnosed or improperly treated sepsis, it is imperative for you to contact a seasoned Baltimore medical malpractice attorney. At Arfaa Law Group, we work diligently to build the strongest possible case on your behalf.

The Study

According to a new study released by the Centers for Medicare & Medicaid Services (CMS), three-quarters of US hospitals fail to provide appropriate care for sepsis. The study assigns traditional grades to the percentage of patients who receive proper care. Just 1 percent received an A, while a disturbing 74.8 percent of hospitals received a failing grade. CMS utilizes traditional school grades as opposed to a star rating system because the rationale is that it is a more accurate system. Consider the following: if a hospital only provides appropriate treatment 60 percent of the time, that is a failing grade, as opposed to three stars. The study examined data that CMS has recently released comparing hospital performance across the nation.

Published on: March 5, 2019

Study Finds that Doctors often Win Facial Trauma Medical Malpractice Cases

By Arfaa Law Group

If you or someone close to you has suffered a facial injury because of a surgeon’s negligence, you need a skilled Baltimore medical malpractice attorney on your side. At Arfaa Law Group, we have handled countless Maryland medical malpractice claims and can apply our experience and skill to your case. We understand that every case is unique, which is why we proudly provide unique and personalized representation to each and every client.

The Study

A new study published in the Journal of Oral and Maxillofacial Surgery found that outcomes in facial trauma lawsuits typically favor doctors, with almost 75 percent of cases being dismissed prior to trial. The study is the first of its kind focusing on facial trauma litigation. The findings reveal that around 15 percent of plastic surgeons face a medical malpractice lawsuit every year. The researchers examined 69 incidents from 1913 to 2016. Approximately three quarters of the plaintiffs with jaw injuries or numerous facial fractures were men. If you look at all the cases that went to trial, 58 percent were tried by a judge while 38 percent were tried by a jury. Almost 75 percent of cases were ultimately decided in favor of the doctors, 19 percent on behalf of the patient, 3 percent reached a settlement and 3 percent had an unknown conclusion. In addition, the study found that outcomes of facial trauma claims varied depending on the region of the country.

Published on: January 17, 2019

Supreme Court Eases Causation in Medical Malpractice Cases, Impacting Those Filed in Maryland and the Rest of the Nation

By Arfaa Law Group

Anesthesiologists are vital to ensuring that surgery is safe. If you or a loved one has suffered an injury due to an anesthesiologist’s error, you could have a claim for medical malpractice against the anesthesiologist. At Arfaa Law Group, our Baltimore medical malpractice attorneys will make every effort to get you the monetary damages you rightfully deserve.

A divided Florida Supreme Court recently ruled against an anesthesiologist in a medical malpractice claim that involved a female who lost her life while undergoing surgery for a tumor in her skull. In a 4-3 decision, the court overturned an earlier verdict for the anesthesiologist who performed a pre-anesthesia evaluation of the patient. According to the complaint filed by the patient’s husband, the anesthesiologist allegedly failed to order a second electrocardiogram after the first one highlighted irregular results and failed to report these irregular lab results to the surgeon. The Supreme Court rejected the lower court’s rationale that let the anesthesiologist off the hook because he was not the “primary cause” of the patient’s death. Rather, the Supreme Court noted that a doctor can be the proximate cause of a patient’s harm even if he or she is not the primary cause of that harm. While this is a Florida case, causation is an important element of all Maryland malpractice cases as well.

Anesthesiologist Errors Leading to Malpractice

According to the American Society of Anesthesiologists, anesthesiologists are committed to the “relief of pain and total care of the surgical patient before, during and after surgery.” Part of an anesthesiologist’s job is to make sure patients undergoing surgery do not feel pain during the operation. This involves evaluating a patient before surgery to make sure the amount and type of anesthetic being administered is safe for the patient.

Published on: December 12, 2018

Physicians who Surrender a Medical License in One State Often Practice in Another

By Arfaa Law Group

When you seek medical attention, the last thing you want to worry about is the possibility of your doctor making a mistake that could make your health worse. If you or a loved one has been hurt because of a healthcare provider’s negligence, our seasoned Baltimore medical malpractice lawyers can help. At Arfaa Law Group, we have the time and resources to help build a strong case on your behalf. Our firm has handled numerous medical malpractice claims throughout Maryland and our commitment to protecting the rights of our clients is unwavering.

A Louisiana doctor surrendered his medical license after he allegedly removed a healthy kidney during what was supposed to be colon surgery. He then relocated to California and continued to practice medicine. There, he reportedly erroneously removed a woman’s fallopian tube. When faced with state sanctions, the doctor once again surrendered his license. In New York, regulators were attempting to act based on the doctor’s California issues so he agreed to surrender his license there as well. In fact, the doctor ultimately agreed to be permanently barred from practicing in New York. Despite having to give up his medical license in three states, he now practices in Ohio, working at an urgent care clinic where his medical record is clean.

Published on: November 23, 2018

Cardiology Malpractice Lawsuits Spike 91 Percent from a Decade Ago

By Arfaa Law Group

If you or someone close to you suffered harm because of a cardiology error, you should promptly seek legal advice to understand what your next steps should be. Our experienced Baltimore cardiology error attorneys will be there to help you get your life back on track after suffering a medical injury. You can take solace in the fact that we know how to build a case that gives you the best chance of obtaining fair compensation in your case.

The Study

Over the last ten years, rates of cardiology malpractice lawsuits have steadily increased based on an evaluation of more than 1,500 liability claims printed in the American Journal of Cardiology last month. The study examined cardiology malpractice lawsuits filed between the years of 2006 and 2015 in an attempt to figure out malpractice trends and common causes of patient harm in the specialty. The study showed that defensive medicine – a practice in which doctors treat their patients to evade liability claims rather than to provide the best care – is a factor in the increasing number of malpractice claims in the field of cardiology. Of the numerous claims, the primary accusations for malpractice were for improper medical treatment and diagnosis related errors. Other trends with claims included miscommunication, monitoring issues as well as equipment glitches or failures.

Published on: November 16, 2018

Gastroenterologist Sued for Wrongful Death

By Arfaa Law Group

If you or someone close to you has been injured by a gastroenterologist’s error, you could be eligible to recover compensation. Our Baltimore medical negligence advocates will gather all of the information needed to properly evaluate your case and advise you accordingly. With years of experience, we know how to proceed in even the most complicated medical malpractice cases.

A Tennessee gastroenterologist has been accused of medical malpractice in a wrongful death suit. According to the lawsuit, the doctor failed to treat his patient properly, which allegedly resulted in her death from cancer this past May. The facility where the doctor practices is also named in the lawsuit. Apparently, the doctor failed to fully remove a polyp from the patient’s colon in 2013 and then again in 2016. This past February, the patient discovered an ulcerated mass in the same area, which was revealed to be cancer. In March, another doctor told the patient that the cancer had spread to the liver and seven out of the 12 lymph nodes and that her life expectancy was very short. She died two months later.

Gastroenterology Malpractice

Gastroenterologists specialize in prevention, diagnosis and treatment of illnesses and disorders of the digestive tract. The following types of gastroenterologist errors may give rise to a malpractice case: diagnostic errors, improper performance of a procedure, failure to monitor a patient properly after the procedure, medication errors or communication errors.

Published on: November 9, 2018

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

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.