Published by Arfaa Law Group
Medical malpractice cases often arise from split-second decisions in the operating room, where a physician’s failure to recognize and correct a preventable error can transform a routine procedure into a life-altering event. Even when a complication is known and manageable, the failure to act appropriately can expose patients to catastrophic harm and long-term consequences. A recent Maryland jury verdict illustrates how an uncorrected surgical mistake can escalate into severe complications, including sepsis and permanent impairment, ultimately supporting a substantial malpractice award. If you or a loved one suffered harm due to a surgical error, you should speak with a Baltimore medical malpractice attorney to assess your potential claims.
Facts and Procedural History
Allegedly, the plaintiff underwent surgery to repair a hiatal hernia after presenting to the hospital with abdominal and chest pain. During the procedure, the defendant surgeon performed a robotic operation intended to correct the hernia.
It is alleged that during the surgery, the surgeon created a perforation in the patient’s stomach but failed to identify and repair the injury before completing the procedure. The complication was one that medical professionals recognize as a known risk of the surgery but also one that can typically be corrected if detected in time.
Reportedly, following the procedure, the plaintiff developed severe complications, including sepsis and other ongoing medical issues that required extensive treatment and resulted in long-term impairment. Before the surgery, the plaintiff had been active and independent, but afterward required ongoing care and experienced significant declines in quality of life.
It is reported that the case proceeded to trial, where the plaintiff argued that the surgeon violated the standard of care by failing to recognize and repair the perforation during the operation. After deliberation, the jury returned a verdict in favor of the plaintiff, awarding $970,900 in damages for medical expenses and pain and suffering.
Medical Malpractice Analysis Under Maryland Law
In Maryland, a medical malpractice claim requires proof of four essential elements: the applicable standard of care, a breach of that standard, causation, and damages. This case provides a clear framework for evaluating those elements in a surgical context.
First, the standard of care requires that a reasonably competent physician in the same field would identify and address complications that arise during a procedure. Here, the evidence suggested that a perforation during hernia repair is a known complication and that a reasonably prudent surgeon would detect and repair it before concluding the operation.
Second, a breach occurs when the provider fails to meet that standard. The jury’s finding indicates that it accepted the argument that failing to identify and correct the perforation during surgery constituted a deviation from accepted medical practice.
Third, causation requires a showing that the breach directly resulted in the patient’s injuries. In this case, the progression from an uncorrected perforation to sepsis and chronic medical conditions supported the conclusion that the surgical error was a substantial factor in causing the plaintiff’s harm. Maryland law requires that this connection be established through competent evidence, often including expert testimony linking the provider’s conduct to the injury.
Finally, damages encompass both economic and non-economic losses. The award in this case included compensation for past and future medical expenses as well as pain and suffering, reflecting the long-term impact of the injury on the plaintiff’s life.
Speak with a Skilled Baltimore Medical Malpractice Attorney at Arfaa Law Group
If you sustained losses due to a negligently performed surgery, you may be owed damages, and you should speak to an attorney. The skilled Baltimore medical malpractice attorneys at Arfaa Law Group are dedicated to helping injured patients pursue the compensation they deserve, and if you hire us, we will work tirelessly on your behalf. You can reach Arfaa Law Group at (410) 889-1850 or reach out online to schedule a consultation and discuss your case.