Wrongful Death

Published on: July 6, 2021

Maryland Court Discusses the Right to Recover Wrongful Death Damages in Cases Involving the Late Diagnosis of a Terminal Illness

Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast cancer is not curable, it is treatable, and some people are able to live for several years after they are diagnosed. If they are robbed of the opportunity to undergo treatment due to medical negligence, though, their family members cannot recover wrongful death damages after their passing, as demonstrated in a recent Maryland opinion delivered in an oncology malpractice case. If you lost a loved one due to the incompetence of an oncologist, it is smart to meet with a knowledgeable Maryland medical malpractice attorney to evaluate your potential claims.

The Decedent’s Harm

It is reported that in 2006, the decedent was diagnosed with stage III cancer in her left breast. She underwent a mastectomy, radiation, and chemotherapy. For the next three years, her CT scans were normal. In April 2013, however, she underwent a CT scan that indicated new and possibly cancerous lesions that were not present in previous studies. The radiologist forwarded the report from the 2013 CT scan to the defendant, the decedent’s treating oncologist, who did not prescribe any follow-up tests or advise any of her providers.

Allegedly, in February 2016, the decedent was diagnosed with Stage IV cancer after she injured her shoulder. She died a year and a half later. The plaintiff, her husband, then instituted a wrongful death lawsuit against the defendant, arguing that if the decedent had been diagnosed in 2013, she would have lived an additional two and a half years. The trial court granted summary judgment in favor of the defendant, stating the plaintiff failed to present a viable wrongful death claim. The plaintiff appealed. Continue Reading

Published on: June 14, 2021

Maryland Court Discusses the Right to Intervene in Medical Malpractice Cases

By Arfaa Law Group

Parents anticipating the birth of their children typically do not expect problems to arise during their delivery. Tragically, however, some infants die shortly after they are born due to errors made by medical professionals. While parents who lose their children due to birth injuries have the right to seek compensation for their losses, when the paternity of a deceased child is not clear, it may impact the father’s right to pursue claims against negligent healthcare providers. This was demonstrated in a recent Maryland ruling, in which the court affirmed the dismissal of the putative father’s claims. If your child sustained an injury at birth, it is prudent to speak to a Maryland birth injury attorney about your rights as soon as possible.

The History of the Case

It is reported that the mother, how was expecting twins, was treated by the defendant obstetricians throughout her pregnancy. The twins were delivered by the defendants, and sadly, one twin died shortly thereafter. The paternity of the twins was disputed, and the plaintiff filed an action to establish paternity. A DNA test revealed him to be the father, but the court did not issue an order to that effect.

Allegedly, the mother explored the option of filing a medical malpractice lawsuit and entered into a stipulation with the defendant in which the defendant agreed to toll the statute of limitations for a wrongful death claim. The mother later filed claims against the defendant. The plaintiff moved to intervene, but the mother objected to the motion on the grounds that it was untimely. His motion was denied, and he appealed. Continue Reading

Published on: April 13, 2021

Maryland Court Discusses Economic Damages in Medical Malpractice Cases

By Arfaa Law Group

Medical malpractice, unfortunately, often causes fatal injuries. When people lose their lives due to the incompetence of doctors, their loved ones are often able to recover compensation via wrongful death claims. If they seek economic damages, though, they must offer sufficient proof of their losses, otherwise, their claims may be denied, as demonstrated in a recent Maryland opinion. If you lost a loved one because of a doctor’s negligence, you may be able to recover damages via a civil lawsuit, and it is in your best interest to meet with a Maryland medical malpractice lawyer to gauge your options.

The Plaintiff’s Claims

Allegedly, the plaintiff’s adult daughter died due to complications related to a severe infection in her groin and leg area. The defendant doctor treated her during her illness. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant, in which she asserted wrongful death claims. Prior to trial, the defendant filed a motion for judgment as a matter of law as to the mother’s claim for economic damages.

It is reported that the court denied the motion, and the case proceeded to trial. The jury ultimately awarded the plaintiff $500,000 in economic damages for loss of household services and $500,000 in non-economic damages. The defendant appealed, and the appellate court reversed the trial court ruling. The plaintiff then filed a petition for writ of certiorari. Continue Reading

Published on: December 3, 2020

Maryland Court Discusses Proximate Cause in Medical Malpractice Wrongful Death Cases

By Arfaa Law Group

Breast cancer is one of the leading causes of death in women, and early detection is critical to an increased chance of survival. While Maryland does not recognize a loss of chance of a favorable outcome as a viable claim in wrongful death cases, a practitioner can be held liable for proximately causing a patient harm by failing to provide a timely diagnosis. Therefore, if a court erroneously employs the loss of chance theory when analyzing whether a doctor should be deemed liable for malpractice, it can lead to an unjust result. The differences between loss of chance and proximate cause were recently discussed in a Maryland opinion in which an appellate court reversed the trial court’s ruling in favor of the defendant radiologist in a wrongful death case. If you or a loved one suffered harm due to radiology errors, it is advisable to speak to a trusted Maryland medical malpractice attorney regarding your potential claims.

The Alleged Harm and Subsequent Trial

It is reported that the defendant radiologist performed a breast examination on the decedent in November 2011 that did not reveal any abnormalities. The decedent found a lump in her breast six months after that, that the defendant radiologist deemed benign. Fifteen months later, she was diagnosed with Stage III breast cancer. She underwent treatment for two years but ultimately lost her battle with cancer in 2016.

The plaintiff, the decedent’s husband, filed a lawsuit against the defendant, alleging that the defendant’s medical malpractice led to the decedent’s untimely death. A trial was held, and a jury found in favor of the plaintiff. The defendant moved for a judgment notwithstanding the verdict which the court granted, finding that the plaintiff failed to demonstrate the defendant caused the decedent’s death. The plaintiff appealed. Continue Reading

Published on: September 12, 2019

Over Half of US Neurointerventionalists Meet Criteria for Burnout

By Arfaa Law Group

Physician burnout is an increasingly common issue in the medical field. Burnout not only puts the physician’s own health at risk, it jeopardizes patient safety. If you have been the victim of medical malpractice and you suspect physician burnout had something to do with it, our Baltimore medical malpractice lawyers can help. In other words, you may be able to sue for medical malpractice if you were injured because of an overworked or burned-out doctor. Burnout cases are complicated and can be difficult to prove, which is why it is imperative to work with a legal advocate who has experience in this area of law.

A new report found that 56 percent of the 320 neurointerventionalists who participated in an online survey met the criteria for burnout. Burnout takes place when a medical professional continues to work long hours under stressful situations for a prolonged period of time. These findings are consistent with prior research that indicates approximately 50 percent of neurosurgeons and neurologists, and more than 60 percent of radiologists, report some extent of burnout. According to a survey with 22 questions, almost 50 percent of the respondents had high scores for indicators of emotional fatigue, 36 percent for depersonalization and 16 percent for unhappy feelings related to personal accomplishment. Almost two-thirds felt insufficiently appreciated by their hospital or department leaders with 40.6 percent highlighting they had seriously considered leaving medicine in the past five years. Over 60 percent also felt like they were not sufficiently compensated for their jobs.

Doctor burnout is a major problem in the United States and it can have severe, even deadly consequences for a patient. When a doctor experiences burnout, a wide range of adverse events may take place ranging from minor errors to extreme and irreversible mistakes. All medical professionals are required to provide competent care. If you have been harmed by a doctor who was overworked or experiencing burnout, you may be able to recover compensation through a medical malpractice claim. To succeed in a malpractice case, you must show that the doctor’s negligence resulted in the injury and that the doctor failed to provide the standard of care that a sensible doctor would have provided. The standard of care refers to the accepted set of practices that other medical professionals in the same field would use when treating a similar patient under similar circumstances.

Published on: August 14, 2019

Family of Deceased Woman Wins $2.6 Million in Malpractice Lawsuit

By Arfaa Law Group

When a cardiologist fails to give the necessary importance and attention to a patient’s complaints, diagnosis, procedure or treatment, the consequences can be devastating. If you or a member of your family has been injured because of a cardiologist’s error or carelessness, call our Baltimore medical injury attorneys without delay. Having helped countless victims of malpractice across Maryland, we know first-hand how a medical injury can affect your life, family and livelihood.

In 2014, a woman drove herself to the University of Chicago for an appointment with a heart specialist. The woman, who was a retired postal worker, had a number of health problems and was experiencing shortness of breath but expected the visit to be a routine doctor’s appointment, according to her daughter. However, the physician ordered a test during which an artery was damaged. According to the lawsuit, this damaged artery led to the woman dying a few days later from internal bleeding. Earlier this year, a jury awarded the woman’s surviving daughter $3 million in the malpractice claim against the cardiologist and the hospital. Recently though, that amount was reduced to $2.6 million in a post-trial agreement in which the hospital agreed to drop appeals.

While this case took place in Illinois, the reality is that cardiologist malpractice is common across the country. According to a 2017 Medscape report, sixty percent of cardiologists have been named in a lawsuit. Over 53 percent were involved in claims where other parties were also named, while 12 percent were involved in lawsuits in which they were the only person named. The top three reasons for being sued included the following: complications from treatment or surgery, wrongful death, and failure to treat or delayed treatment.

Published on: July 12, 2019

Studies Show that Young Female Physicians are Particularly Vulnerable to Burnout

By Arfaa Law Group

All medical professionals have a duty to provide competent care. This can be difficult, however, when a physician is experiencing burnout. If you or someone close to you has suffered a medical injury that you believe was caused by burnout, we can help. Our Baltimore medical injury lawyers understand that figuring out whether a claim is worth pursuing can be both stressful and daunting. We want to take this stress away by figuring out the legalities in your case so you and your family can focus on healing.

Recent suicides have demonstrated that more than half of all physicians report symptoms of burnout. Burnout has been defined as long-term, unresolvable job stress that leads to feeling overwhelmed, cynical and even hopeless. Burnout also often leaves physicians feeling a lack personal accomplishment and this takes a serious toll. Alarmingly, suicide rates are twice as high among physicians as compared to other professionals.

New research shows that women are especially vulnerable to burnout. One study indicates that women experience more depressive symptoms in their first year of training as a doctor. Another study found that women quit the surgical field for a number of reasons: the impact of pregnancy; child-rearing; not enough female role models; sexism and discrimination; sexual harassment and assault; as well as poor mental health. Female physicians are not as likely to get patient referrals as their male counterparts in the same specialty; and by the end of the year, women earn, on average, $105,000 less than male specialists. All of these factors lead to burnout.

Published on: July 17, 2018

Jury Awards Nearly $30 million for Woman’s Death in Medical Malpractice Case

By Arfaa Law Group

It is estimated that almost 100,000 people in the United States die every year due to medical malpractice. If you have lost a loved one due to a medical professional’s negligence, you need to reach out to a skilled Baltimore wrongful death attorney who can provide you with reliable legal advice.

Forty-year-old C.D. died in Iowa after having a reaction to dye used for a routine CT scan in June of 2015. C.D. was at a local hospital to receive a CT scan. She had an allergic reaction to the contrast dye given to her for the scan and went into anaphylactic shock and lost consciousness. The plaintiffs in the case allege that the doctor was negligent in his treatment of C.D. because he failed to immediately take her vital signs and did not administer epinephrine, which could have reversed the anaphylactic shock. In short, the plaintiffs sued the doctor claiming his negligence cause C.D.’s death.

The doctor and the hospital denied the negligence claims and the case went to trial.

Published on: March 12, 2018

Newborn Survival Rates Lower in U.S. Than Other Rich Countries

By Arfaa Law Group

If you suspect that your newborn’s death was a result of a medical professional’s error, carelessness, or wrongdoing, you need to reach out to a seasoned Baltimore wrongful death attorney without delay. At Arfaa Law Group, we are committed to helping our clients pursue the compensation they need to move on with their lives.

According to a new study published in the journal Health Affairs, American babies are 76 percent more likely to die before they turn a year old than babies in other rich countries such as Japan, Singapore, and Iceland. The risk of dying as a newborn in America is only slightly lower than the risk for babies in Sri Lanka and Ukraine. In addition, American children who survive infancy are 57 percent more likely to die before adulthood. When compared to 19 similar Organization for Economic Co-operation and Development (OECD) nations, the study found that U.S. babies were three times more likely to die from extreme immaturity and 2.3 times more likely to experience sudden death syndrome between 2001 and 2010.

The report found that one reason infant mortality rate is lower is due to higher poverty rates relative to other developed countries and a relatively weak social safety net. Approximately 21 percent of American children live in poverty, one of the highest rates in the developed world. In short, the poorer the children, the worse their health outcomes tend to be.

Published on: February 2, 2017

Death of the Mother During Childbirth in Maryland

By Arfaa Law Group

During childbirth, physicians have a duty to care for the mother and the child. Unfortunately, doctors and nurses sometimes fail to focus on a mother’s health during delivery, leading to serious injuries and even death. If you believe that a medical professional’s negligence caused your loved one’s death, it is important to reach out to a Baltimore medical malpractice attorney who can investigate your case.

According to the National Institute of Health, maternal mortality is increasing instead of decreasing in the United States. In fact, the maternal mortality rate in the U.S. is higher than in 40 other countries. In 1982, the maternal death ratio in the U.S. was 7.5 per 100,000 live births, and by 2005 that number had risen to 15.1 deaths per 100,000 live births.

Some conditions that can lead to maternal death include preeclampsia, antepartum hemorrhage, postpartum hemorrhage, post-delivery infections, and cardiac arrest. If these conditions are not treated properly and in a timely manner, the mother can die.