Articles Posted in Surgical Errors

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surgeryEven though a patient wants to undergo a certain elective surgery, that does not mean he or she is a good candidate for that procedure. If you or someone close to you has been injured or has died as a result of elective surgery, it is important to reach out to a skilled Baltimore surgical malpractice attorney as soon as possible. At Arfaa Law Group, we can assess the merits of your case and determine the viability of your claim. You can rest assured that we are prepared to vigorously advocate for your rights at trial.

In a recent Maryland medical malpractice case, the jury awarded a significant sum of money to the family of a man who died from heart complications following elective back surgery. The patient had a well-documented medical history of cardiac disease, with labs indicating aortic valve dysfunction, and he had been under the care of a cardiologist. He was 64 years old when he went to his doctor to be cleared for surgery in 2013. The clearance was given after an electrocardiogram (EKG). The EKG showed persistent right bundle branch block, which typically mandates a trip to the cardiologist before clearance. In this case, clearance was given and was not conditioned on the cardiologist’s approval. As a result, the man underwent surgery and ultimately died; his wife and three adult children survived him.

The patient’s surviving family members filed a wrongful death medical malpractice claim, alleging that the cardiac disease was too serious to allow elective surgery and that the physician should not have cleared the patient. The plaintiffs in the case argued that the patient would not have died if the doctor had properly referred the man to a cardiologist for evaluation. The jury agreed and awarded the plaintiffs medical malpractice damages.

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backThe spine is central to our ability to sense and function normally. As a result, spinal surgery is daunting, and dural tears during such surgery can have serious consequences. An incidental durotomy refers to small tears of the outer membrane of the spinal cord and is a common occurrence in spinal surgery. In some cases, the tear is unavoidable. In most cases in which a tear occurs, the surgeon will identify it and repair it in a second procedure without any long-term consequences to the patient. If the dural tear is undetected, however, it can cause serious health problems for a patient. If you or someone close to you has been injured due to a dural tear, it is important to reach out to a diligent Baltimore surgical error attorney who can help you pursue the compensation you deserve for your harm.

A recent study, entitled Medical Malpractice Claims Following Incidental Durotomy Due to Spinal Surgery, examined the role of durotomy in malpractice cases. The study found that delayed diagnosis and treatment of durotomy and improper durotomy repair correlated with risk of malpractice lawsuits and increased surgeon liability. In other words, medical malpractice claims arose when dural tears were not discovered in time and led to spinal fluid leaks and other conditions. The findings highlighted that claims involving minor tears did not result in a settlement as often, whereas dural tears that led to neurological complications or even death were more likely to be successful.

Surgical mistakes denote errors that are avoidable with proper care. Under Maryland law, individuals who have suffered harm due to a spinal surgery error can typically seek compensation through a medical malpractice claim. Medical malpractice is defined as a medical professional’s failure to follow the accepted standard of care for their specialty, resulting in patient harm. In other words, surgery malpractice takes place when a surgeon causes harm because his or her conduct deviated from the standard of care that a prudent surgeon performing the same spinal cord surgery would have used under the same circumstances. As a result, if a surgeon fails to recognize a dural tear and then does not perform a second operation to fix it, that surgeon would likely be liable for malpractice.

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eye

The United States Food and Drug Administration reports that approximately 600,000 Lasik procedures are performed each year in the United States. While the procedure is generally safe, the reality is that mistakes do happen. Some of these mistakes can lead to long-term, even permanent harm to a patient. If you have suffered an eye injury due to a Lasik error, you need to consult a skilled Baltimore ophthalmology malpractice lawyer who can assess the facts of your case.

Earlier this year, a Baltimore man sued the Lasik Vision Institute and one of its physicians for medical malpractice after getting surgery that left him with permanent damage in both eyes. Specifically, the plaintiff alleged that the doctor mistakenly programmed the laser and doubled the plaintiff’s astigmatism in his left eye during his Lasik procedure. The plaintiff claims that he later found out that he was not a good candidate for Lasik eye surgery, due to a lazy right eye.

At his initial consultation, the plaintiff was informed that he was a good candidate for the Lasik procedure, since he did not have prior eye conditions that would preclude him from having the procedure. Once the plaintiff underwent the procedure, he was not able to see. At his follow up appointment, he was told his symptoms were part of the normal healing process. When the condition did not get better, the plaintiff ultimately had to go through a second, corrective surgery.

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operationUnfortunately, surgery errors are common in Maryland and across the United States. If you or someone close to you has been injured by a surgery error, you should reach out to a skilled Baltimore surgical malpractice attorney who understands this area of the law. At Arfaa Law Group, we are dedicated to protecting patient rights at every step of the way.

A survey (login required) conducted by Medscape last year found that 59 percent of more than 4,000 primary-care physicians in the United States were involved in one or more medical malpractice claims during their career. Across specialties, male physicians are more likely to be sued than female physicians. And indeed, more male general surgeons (85 percent) were sued than female general surgeons (74 percent). The study found that general surgeons faced the third-highest risk of getting sued. In fact, the survey revealed that 83 percent of surgeons have been involved in malpractice lawsuits.

When general surgeons were asked about the nature of lawsuits that they faced, they had a variety of answers:  44 percent of lawsuits the general surgeons faced involved an abnormal injury; 21 percent of the lawsuits were for a failure to diagnose; and nine percent were for a failure to treat. The specific claims against surgeons involved post-operative infections, pain, bleeding, embolisms, and injuries to a common bile duct, nerve, vein or artery, or organ, as well as the death of a patient, a foreign object in the body, a delay in treatment, unnecessary surgery, complications from undiagnosed conditions, and complications from patient non-compliance.

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surgerySurgery, whether minor or major, is always daunting for a patient and his or her family. If you or someone you love has been injured by a medical professional at an ambulatory surgery center (ASC), you need to speak to a skilled Baltimore surgical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we have the experience to handle your case with the compassion and attention it deserves.

ASCs, also known as outpatient surgery centers or same day surgery centers, are health care facilities where surgical procedures not requiring an overnight hospital stay are performed. For patients, an ASC can be a more convenient and less costly alternative to a hospital. In recent years, ASCs have popped up everywhere. In fact, approximately 25 million surgical procedures are performed at ASCs each year, rather than at acute care hospitals.

Hospitals in Maryland and across the United States have to follow strict regulations. There is a standard process and procedure in place for virtually everything to minimize the risk of harm to patients. ASCs, on the other hand, are independently owned and managed. In some cases, the procedures at ASCs are not thorough enough and can lead to serious issues, such as:

  • Failure to sterilize equipment properly;
  • Premature discharge of a patient;
  • Lack of oversight;
  • Lack of accreditation;
  • Poor documentation of safety procedures; or
  • Failure to obtain informed consent for surgeries.

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surgery

If you have been injured due to a surgeon’s negligence, it is important to reach out to a seasoned Baltimore surgical malpractice attorney who can evaluate the facts of your case. At Arfaa Law Group, we understand how important is it to keep ourselves informed about medical malpractice law so that we can come up with an effective legal strategy in your case. With years of experience, you can rest assured that we know how to navigate these types of cases.

In a recent decision, the Court of Special Appeals of Maryland, Maryland’s intermediate appellate court, held that the trial court erred by giving jury instructions on negligence that led jurors to assess the physician’s conduct in a medical malpractice case from a reasonable person standpoint. Jurors in medical malpractice cases must assess not how a reasonable person would have treated the patient but instead what a reasonable medical professional in the same specialty should have done under the same or similar circumstances.

After years of neck and shoulder pain, the plaintiff in this case sought help from the defendant neurosurgeon. At that time, they discussed both surgical and nonsurgical treatments. The plaintiff agreed to the surgeon’s recommendation of a four-level anterior cervical discectomy and fusion surgery. The plaintiff’s recovery went well, but there were subsequent complications. The plaintiff ultimately filed a claim against the surgeon for malpractice and failure to obtain informed consent.

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operating roomSurgery is daunting and stressful enough without the prospect of something going wrong. A patient’s blood pressure should be monitored during and after surgery to make sure it does not reach unsafe levels, which can cause serious health risks. If you or someone close to you has been injured due to a medical professional’s failure to maintain blood pressure, you need to seek the help of a seasoned Baltimore medical negligence attorney who can assess the merits of your case.

Blood pressure measures the force of the heart pump at delivering oxygen-rich blood to the tissues. When blood pressure is too high, the heart has to work too hard to deliver blood. When blood pressure is too low, the heart is not pushing blood through the body with enough force for sufficient blood circulation. During a surgical procedure, anesthesiologists must monitor patients’ blood pressure to make sure it remains steady and stable. When blood pressure is not properly monitored, parts of your body may not be getting enough blood, leading to paralysis or amputations. After surgery, patients need to be monitored to avoid potentially lethal post-op complications.

The failure of an anesthesiologist to act reasonably may be considered medical malpractice if it results in harm to the patient. Put another way, medical malpractice occurs when a health care provider causes an injury or death to a patient by failing to act how a reasonably prudent health care provider in the same specialty would have acted in the same or similar circumstances. The causal connection between the health care provider’s actions or lack thereof and the harm suffered by the patient is typically the key to winning these cases.

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eyeEach year, over two million cataract surgeries are performed in the United States, making it one of the most common procedures in the country. While most of these surgeries go well, some actually end up worsening a patient’s condition instead of improving it. If you or someone close to you has experienced deterioration of vision after cataract surgery, it is important to reach out to a skilled Baltimore medical malpractice attorney who can protect your rights and help you seek the compensation you deserve for your harm.

According to the Mayo Clinic, cataract surgery is a procedure to remove the lens of your eye and, in most cases, replace it with an artificial lens. A cataract causes the lens of a person’s eye, which is typically clear, to become cloudy. This can significantly affect a person’s vision. Over an extended period of time, cataracts can cause loss of vision. An ophthalmologist performs cataract surgery on an outpatient basis.

As mentioned earlier, cataract surgery is extremely common and is generally safe. However, the following complications can arise:  bleeding, infection, glaucoma, hemorrhage, loss of vision, retinal detachment, secondary cataract, or excessive swelling. Of course, this list is not exhaustive. When a patient suffers an adverse outcome from cataract surgery, many times, further treatment or surgery is needed to correct the problem.

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surgeryMany patients undergo plastic surgery in hope of positive results, and many accomplish them. Unfortunately, however, complications do arise for a number of patients. If you or someone close to you was injured during liposuction surgery, you need to reach out to a skilled Baltimore medical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we are committed to holding negligent medical professionals accountable for the harm that they cause.

Liposuction refers to a surgical procedure in which excess fat from under the skin is removed through a small incision and vacuum suctioning. The goal of the procedure is to remove excess fat from the human body and change the body’s shape. Liposuction can be performed on a number of body parts, such as the abdomen, buttocks, hips, thighs, knees, chin, and upper arms.

According to the American Society of Plastic Surgeons (ASPS), there was continued growth in cosmetic procedures during 2015. Since 2000, overall cosmetic procedures have risen by 115 percent. The top five cosmetic surgical procedures performed in 2015 included 1) breast augmentation; 2) liposuction; 3) nose reshaping; 4) eyelid surgery; and 5) tummy tuck. In total, there were 222,051 liposuction procedures that year, a five percent increase from 2014 but a 37 percent decrease from the year 2000. Liposuction is one of the most dangerous types of plastic surgeries a person can elect to have. A study conducted by two prominent California plastic surgeons estimated that the death rate from liposuction was one in 5,000, a rate almost 20 times higher than that of other forms of elective cosmetic surgery.

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stomachElective weight loss surgeries, such as gastric bypass surgery, have been commonplace in Maryland and across the United States. If you or someone close to you suffered a serious injury or even death as a result of gastric bypass surgery, you should speak to a skilled Baltimore medical malpractice attorney who can evaluate the facts of your case. We can scrutinize what happened to determine if malpractice took place.

Gastric bypass surgery is a surgical procedure that helps you lose weight by changing how your stomach and intestine handle the food that you eat. The procedure typically involves creating a small stomach and removing the rest of the stomach. The small intestine is then attached to the new stomach, allowing the lower part of the stomach to be bypassed. The surgery is intended to make your stomach smaller, so you end up absorbing fewer minerals and feeling full sooner. This helps patients eat less, lose weight, and experience an improvement in their overall health.

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