Even 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.
In Maryland, medical malpractice takes place when a doctor causes an injury or death by failing to use the level of care that a prudent doctor in the same specialty would have used in the same or similar circumstances. In order to succeed on a medical malpractice claim, the following four elements must be established by a preponderance of the evidence: i) the doctor owed the plaintiff a duty of care; ii) the doctor breached the duty of care owed to the plaintiff; and iii) the doctor’s breach was a direct cause of the plaintiff’s injury or resulting death. In medical malpractice cases, an expert witness is required to establish that the doctor breached the appropriate standard of care, and that breach was a direct cause of the injury or death.
If you or someone close to you died due to a medical professional’s carelessness, recklessness, or wrongdoing, you may be able to recover compensation for your harm. At Arfaa Law Group, our skilled Baltimore surgical malpractice attorneys can analyze the facts of your case and help you determine your legal options. With years of experience, we understand how to navigate these types of claims. For a free case evaluation, feel free to call 410-889-1850 or contact us online.
More Blog Posts: