Professional Negligence

Maryland Court Discusses Duties Pharmacists Owe Patients

Published on: February 6, 2023 | by Arfaa Law Group

Pharmacists are considered health care providers under Maryland law. As such, if they fail to abide by the standard of care they can be held liable for any harm caused by their negligence. Typically, to demonstrate that a pharmacist committed malpractice, a plaintiff must show that the pharmacist breached a duty owed. As such, absent proof of a duty owed, the plaintiff’s claim will most likely fail. This was evident in a recent Maryland case in which the court ruled that a pharmacist had no duty to warn a patient of the dangers of taking a medication and dismissed her claim. If you were hurt by the carelessness of a pharmacist or doctor, it is advisable to talk to a Maryland medical malpractice lawyer about your rights.

The Facts of the Case

It is reported that the plaintiff suffered permanent harm after taking a medication she was prescribed after she was exposed to toxic mold. Specifically, she developed acute gastritis, which later became chronic, and was hospitalized several times. She subsequently filed a lawsuit against the manufacturer of the drug and the pharmacy that filled her prescription. As to the pharmacy, she alleged that it failed to warn her of the potential side effects of the medication, thereby causing her harm. The defendants moved to dismiss the plaintiff’s claims. The court granted the motions.

Duties Pharmacists Owe Patients

As to the pharmacy, the court held that the plaintiff failed to state a claim for which the court could grant relief. Specifically, her complaint did not set forth facts that, if proven to be true, demonstrated a plausible right to relief. The court noted that a plausible claim must be more than merely speculative or conceivable.

Maryland Court Issues Findings in a Medical Malpractice

Published on: January 7, 2023 | by Arfaa Law Group

People who suffer harm due to the incompetence of their healthcare providers will often seek compensation via medical malpractice claims. While many people pursuing such claims will present their evidence to a jury, others will ask a judge to rule on issues of liability and damages; this was demonstrated in a recent Maryland case in which the plaintiff alleged she suffered emotional and psychological injuries because of the tortious conduct of the defendant healthcare provider’s employee. If you were injured by the carelessness of a healthcare provider, it is wise to confer with a Maryland medical malpractice lawyer to discuss your options for seeking damages.

The Facts of the Case

It is alleged that the plaintiff was treated at a medical center operated by the defendant. The plaintiff was a veteran of the United States military who suffered from multiple health issues; the medical center provided veterans with medical care. During a treatment visit, one of the defendant’s employees walked in on the plaintiff’s medical exam without permission. The plaintiff was partially disrobed at the time and undergoing an examination.

Reportedly, the employee subsequently made numerous unsolicited phone calls to the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant, asserting professional negligence, vicarious liability, and other claims pursuant to the Federal Tort Claims Act. The case proceeded to a bench trial, and after examining the evidence, the court issued findings of fact and conclusions of law. Continue Reading ›

Court Discusses Recusal of Judges in Maryland Medical Malpractice Cases

Published on: December 9, 2020 | by Arfaa Law Group

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 ›

Maryland Court Distinguishes Negligence and Medical Malpractice Claims

Published on: November 17, 2020 | 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.

Therapist Accused of Sexually Exploiting Vulnerable Patients

Published on: July 26, 2019 | 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.

Sexual Abuse by Maryland Doctors

Published on: February 8, 2018 | 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.