Medical Malpractice

“Res Ipsa Loquitur” in Maryland Malpractice Cases

Published on: March 18, 2016 | by Arfaa Law Group

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.

Damages in Maryland Medical Malpractice Claims

Published on: March 11, 2016 | by Arfaa Law Group

Medical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.

Maryland Court Permits Habit Testimony in Medical Malpractice Case

Published on: March 4, 2016 | by Arfaa Law Group

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.