Jury Delivers Substantial Verdict in Maryland Medical Malpractice Case

While there are risks associated with any procedure, some harm that arises following surgery is not caused by a known danger but is instead the result of errors made by the surgeon during the procedure. Such mistakes can lead to devastating injuries that, in some cases, are unfortunately fatal. People who lose loved ones because of such negligence can often recover substantial damages, as demonstrated by a recent Maryland verdict. If you have questions about your right to pursue claims against a reckless healthcare provider, it is wise to talk to a Baltimore medical malpractice attorney as soon as possible.

Facts of the Case

It is reported that a Maryland jury awarded over $8 million to the family of a man who died from complications following surgery at a Maryland hospital in 2019. The verdict was reached after an eight-day Circuit Court trial. The case centered on the decedent’s surgical procedure, which was performed to remove the man’s left kidney due to a growth. The surgery, initially laparoscopic, was converted to an open procedure during which his colon was accidentally perforated. This injury went unrecognized by the operating physicians at the time.

Allegedly, post-surgery, the patient experienced symptoms indicative of complications, such as low blood pressure and an odor from his surgical drain. The following day, he underwent a second surgery where a 1-centimeter hole in his colon was discovered, suspected to be caused by a blunt instrument during the initial operation. Part of his colon was removed in this second procedure. Despite these efforts, the patient remained hospitalized and died in July 2019, due to a perforated colon and multiple organ failure. While the jury awarded the plaintiffs over $8 million, Maryland’s cap on noneconomic damages will reduce the award to approximately $1.3 million.

Proving Liability in Maryland Medical Malpractice Cases

To establish liability in a medical malpractice case in Maryland, the plaintiff must prove four key elements: duty, breach, causation, and damages. First, it must be shown that a duty of care existed between the healthcare provider and the patient, meaning the provider was obligated to adhere to a standard of care appropriate for the circumstances.

Next, the plaintiff must demonstrate that the healthcare provider breached this standard of care through negligent actions or omissions. Causation must then be established by proving that the breach directly caused the patient’s injury or harm. Finally, the plaintiff must show that actual damages resulted from the injury, which can include physical pain, mental anguish, additional medical costs, and lost earnings.

Typically, expert testimony is essential to establish the standard of care, the breach, and the causal link between the breach and the injury.

Meet with an Assertive Maryland Medical Malpractice Attorney

If you incurred injuries due to a physician’s negligence, it is prudent to meet with a lawyer to determine what claims you may be able to pursue. The assertive Baltimore medical malpractice lawyers at Arfaa Law Group can advise you of your rights and help you to seek a favorable outcom. To arrange a conference, use our online form or call (410) 889-1850.

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