Professional Negligence

Published on: December 9, 2020

Court Discusses Recusal of Judges in Maryland Medical Malpractice Cases

In medical malpractice cases, as in all other matters, it is vital that the plaintiff receive a fair trial before an impartial judge. Thus, a plaintiff who believes a judge harbors an implicit bias can file a motion seeking recusal. It is equally important that a plaintiff follow the proper procedure for pursuing claims of medical negligence, as the failure to do so can also impact the right to recover damages, as demonstrated in a recent opinion in which the plaintiff’s motion seeking recusal was ultimately denied due to the court’s lack of jurisdiction. If you were hurt by incompetent medical care, it is important to consult a seasoned Maryland medical malpractice attorney to determine what claims you may be able to pursue.

The Plaintiff’s Harm and Subsequent Filings

Allegedly, the defendants were the plaintiff’s primary care providers who had diagnosed the plaintiff with paranoia, which caused her to be detained and treated against her will. The plaintiff filed a lawsuit seeking damages for medical malpractice, intentional infliction of emotional distress, and negligence. The plaintiff and each of the named defendants were residents of Maryland.

It is reported that the plaintiff filed a motion seeking recusal, arguing the judge was biased due to an adverse ruling in a prior bankruptcy matter. The court ultimately denied the plaintiff’s motion, however, due to the lack of subject matter jurisdiction over the case. The court dismissed the plaintiff’s complaint. Continue Reading

Published on: November 17, 2020

Maryland Court Distinguishes Negligence and Medical Malpractice Claims

By Arfaa Law Group

Not all harm that arises in the context of medical care necessarily constitutes malpractice. And so if a patient who suffers harm during the process of treating with a physician wishes to seek redress via a civil lawsuit, it is prudent that the patient consults with an attorney to ensure the proper claims are pursued. This was demonstrated in an opinion issued by a Maryland court, in which the court ruled that a pro se plaintiff’s purported ordinary negligence claims, in fact, sounded in medical malpractice. If you suffered injuries due to negligent medical care, it is in your best interest to speak to a seasoned Maryland medical malpractice attorney to determine what claims you may be able to pursue.

The Plaintiff’s Care and Subsequent Claims

It is reported that the plaintiff, who was in a state facility, was attacked by another resident. He was denied medical care for several hours after the attack, but after he was seen, he was transferred to a trauma center. He was scheduled to see a neurosurgeon who would assess his injuries, but his treatment was further delayed for another month. He was then transferred to the incorrect state facility, where he was denied necessary somatic and psychiatric medications. In sum, he did not receive his prescribed medications for over three months.

Allegedly, the plaintiff suffered permanent spine and neck injuries due to the attack. He subsequently filed numerous claims against multiple parties, including a negligence claim against the defendant health care system that employed the doctors that provided his care while in the facilities. The defendant filed a motion to dismiss, arguing that the plaintiff asserted medical malpractice, not negligence, claims, and he failed to comply with the administrative requirements for pursuing such claims.

Published on: July 26, 2019

Therapist Accused of Sexually Exploiting Vulnerable Patients

By Arfaa Law Group

Sadly and perhaps shockingly, sexual abuse by medical professionals is a common occurrence across the country. If you have been the victim of sexual abuse by a doctor or other medical professional, it is imperative to contact our experienced Baltimore professional negligence attorneys. We are dedicated to protecting the rights of patients throughout Maryland and we will do everything in our power to make sure no one else suffers at the hands of the perpetrator.

A well-known Boston-area psychiatrist and best-selling author has been sued for sexually exploiting three of his patients. Specifically, three women allege that the doctor preyed on them while they were vulnerable patients and drew them into demeaning sexual relationships while he was treating them for depression. Each of the women filed a medical malpractice lawsuit against the healthcare provider, which have now been settled. The terms of the settlement were not disclosed. The Boston Globe reports that the doctor used a debatable treatment for depression on the women, which greatly depended on infusions of Ketamine – a fast-acting anesthetic and painkiller that induces a trance-like state, memory loss and even hallucinations. It is alleged that the doctor was using the Ketamine along with talk therapy to control at least one of the victims.

All medical professionals, including therapists, have a duty to provide competent and professional care. In a doctor-patient scenario, the medical professional holds great power over the patient and has a responsibility to behave appropriately. When a medical professional crosses the line, the consequences can be devastating for a patient. While in the aforementioned case, it was a Massachusetts therapist who allegedly sexually abused his patients; the sad reality is that this type of behavior is common in Maryland and virtually every other state.

Published on: February 8, 2018

Sexual Abuse by Maryland Doctors

By Arfaa Law Group

Doctors and other medical professionals have a duty to treat their patients with the utmost care and respect. Unfortunately, this does not always happen, and medical professionals end up abusing their patients in some way. If you or someone close to you has suffered sexual abuse by a doctor or medical professional, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys can examine the facts of your case and help you determine your legal options.

A former USA Gymnastics doctor, Larry Nassar, has been all over the news lately for sexually abusing his patients. The list of known victims has grown to 265, and he was recently sentenced to 175 years in prison for the decades of abuse that took place. His victims included Olympic gold medal winners Aly Raisman and Jordyn Wieber. Unfortunately, sexual misconduct by medical doctors is more common than you may think.

The Atlanta Journal-Constitution analyzed more than 100,000 medical disciplinary records dating back to 1999 and discovered that more than 3,100 doctors across the country had been found guilty of sexual misconduct. More than 2,400 doctors’ cases clearly involved patients. The improprieties included abusing patients, harassing employees, and viewing child pornography. Perhaps the most shocking finding of the report, however, was that half of the physicians disciplined for abusing patients still have medical licenses. In another survey of nearly 500 women conducted by the Rape, Abuse and Incest National Network (RAINN), 27 percent said they had been violated by a doctor; the doctor’s behavior ranged from lewd comments to masturbation, wrongful touching, and even rape.