Articles Posted in Medical Malpractice

We place a high level of trust in our health care providers, and in return we expect a high level of care and professionalism. If you or someone close to you has been harmed due to the mistake or negligence of a health care provider, it is imperative to contact an experienced Baltimore medical malpractice attorney who can give you an honest assessment of your case based on the facts.

In 2015, Melissa Rivers filed a medical malpractice claim in the State Supreme Court in Manhattan against the physicians who operated on her mother, the famous comedienne Joan Rivers. The lawsuit alleged that the physicians performed unauthorized medical procedures, took selfies with the patient, and failed to act as her vitals signs deteriorated. Earlier this month, that lawsuit was settled for an undisclosed amount.

Joan Rivers died on September 4, 2014. She went in for a routine endoscopy. At some point during the procedure, she stopped breathing and was taken to Mount Sinai Hospital, where she went into cardiac arrest. She was then placed into a medically induced coma and started on life support. The questionable part of the case was the amount of time the patient’s brain was without oxygen prior to being put into a coma.

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When we turn to health care professionals for help with our medical conditions, we expect to be in good hands. We trust that we will receive reliable care. Unfortunately, medical errors are extremely common in Maryland and throughout the country. If you or someone you know has been harmed due to a medical professional’s negligence, it is important to seek the help of a Baltimore medical malpractice attorney who can assess the merits of your case.

Earlier this month, USA Today reported that medical errors are the third-leading cause of deaths in the United States, behind heart disease and cancer. In fact, medical mistakes kill about 250,000 people a year. A well-known Johns Hopkins medical school professor conducted the study.

According to the Institute of Medicine study, medical negligence annually results in between 44,000 and 98,000 preventable deaths. In addition, the number of serious injuries caused by medical malpractice has been estimated to be in excess of one million per year throughout the country. It is important to note that death certificates in the U.S. do not denote if a person has died due to a medical error. Thus, the problem of medical malpractice-related deaths could be difficult to estimate.

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Unfortunately, instances of medical malpractice are common. If you or someone close to you has been the victim of medical malpractice, it is important to speak to a qualified Baltimore attorney who can analyze the facts of your case.

Last month, we highlighted a study by Johns Hopkins researchers that found medical errors are the third-leading cause of death in the United States. But what are the most common types of malpractice? Diagnostic errors are at the top of the list. In fact, the study revealed that diagnostic mistakes accounted for the largest fraction of claims, the most serious patient harm, and the highest number of claim payouts. Diagnosis-related errors include a wrong diagnosis as well as a failure to diagnose.

The second most common type of malpractice involved medication errors. These include dispensing medication incorrectly, mismanaging medication, and improperly prescribing medication.

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In Castles of Love Assisted Living Homes, LLC v. Blanks, the court addressed the following question. Did the defendant fulfill Maryland Rule 15-403 by sending its notice of rejection of a health care arbitration award through regular mail as opposed to certified mail?

The facts of the case are as follows. The plaintiff resided at a nursing home from the year 2008 until she died. The plaintiff complained that, during her time at the home, she sustained a number of injuries and became mute due to an infection caused by a feeding tube. The plaintiff filed a negligence lawsuit against the nursing home and sought compensatory damages for more than $100,000.

As required by Maryland law, the case went through arbitration. The arbitration panel reviewed the facts of the case and ruled in favor of the plaintiff, awarding her $25,000 in non-economic damages and over $3,000 in arbitration expenses. The Health Care Arbitration Office (HCAO) sent a document to both parties detailing its ruling. Upon receiving the letter, the defendant responded to the HCAO, rejecting its decision. The defendant sent the letter to HCOA by certified mail and sent a copy of the letter to the plaintiff by regular mail.

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The Court of Special Appeals in Maryland recently reexamined a lower court’s judgment granting summary judgment in favor of a doctor defendant in a medical malpractice claim. In Puppolo v. Sivaraman, the plaintiff’s wife died due to the use of heparin, an anticoagulant used to stop blood clotting during dialysis.

Heparin isn’t usually given when the patient’s platelet level falls below 50. This is because when heparin is given to a patient whose platelet level is below 50, it can be very detrimental to a patient and even cause death. As a result, there are strict protocols that must be followed when administering heparin, including monitoring the patient’s platelet levels and stopping heparin if platelet levels fall below 50.

In the case at hand, the plaintiff’s wife’s platelet level was 1, but she was still given two doses of the drug. Not long afterward, she died. The plaintiff then filed a wrongful death lawsuit against the wife’s physician, claiming the physician breached the duty of care owed to his wife through the improper administration of heparin.

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Unfortunately, medical errors injure countless patients each year. In Maryland malpractice cases, the fact that a patient suffered harm does not automatically mean that a physician was negligent. Instead, in order to show medical negligence, the patient must establish his or her injury was the result of the physician failing to exercise the standard of care another physician in the same specialty would have used in the same or similar circumstances.

To prevail on a traditional medical malpractice claim, the plaintiff must show the following elements. First, the medical professional must have owed a legal duty to the patient. Second, that duty must have been breached, meaning the medical professional failed to adhere to the standard of care generally used in their specialty. Third, the medical professional’s breach was a proximate cause of the patient’s injury and resulting damages. Each of these elements must be established in order for a plaintiff to be able to recover any compensation.

“Res ipsa loquitur” is Latin for “the thing that speaks for itself.” When a case is tried under the theory of res ipsa loquitur, the circumstantial evidence in the case is so strong that it eliminates possible causes of the patient’s injury other than the physician’s negligence.

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In Rosebrock v. Eastern Shore Emergency Physicians, LLC, the Maryland Court of Special Appeals dealt with the admissibility of habit evidence under Maryland Rule 5-406. Specifically, it considered whether habit evidence of an ER physician could be entered into evidence.

The facts of the case are as follows. A patient was taken to the emergency room on a backboard due to knee, hip, and lower back pain after a fall. The ER physician ordered an x-ray of the patient’s knees and hips. The x-ray came back negative, at which point the physician discharged her, stating she had minor knee and hip contusions. There is no record that the physician examined the patient’s back, despite the fact that she conveyed her back was hurting to the triage nurse.

The patient went home but continued to suffer back pain. She visited other physicians, and later tests showed that she did indeed have a fractured vertebrae and needed spinal fusion surgery. Tragically, the surgery resulted in an infection that caused a brain injury to the patient. She ended up in a persistent vegetative state and remained in that state until her death seven years later.

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