Published by Arfaa Law Group
Every surgical procedure carries risks, but patients also have the right to expect that their healthcare providers will exercise the degree of skill and care required by the medical profession. When a preventable surgical error causes a serious injury, the physical, emotional, and financial consequences can last for years. A recently reported Maryland jury verdict illustrates how allegations of negligent surgical care during childbirth can result in substantial compensation when a plaintiff proves that a healthcare provider failed to meet the applicable standard of care. If you or a loved one suffered harm because of a medical mistake, speaking with an experienced Baltimore medical malpractice attorney can help you understand your rights and determine whether you may have a viable claim.
Jury Awards Damages Following Alleged C-Section Negligence
Reportedly, a Montgomery County jury awarded approximately $825,646 to a woman who suffered a permanent bladder injury during a cesarean section performed at a Maryland hospital. According to the report, the plaintiff underwent a nonemergency C-section after labor failed to progress. Because she had previously undergone a cesarean delivery, scar tissue had formed between her bladder and uterus, creating additional surgical challenges. During the procedure, the physician allegedly made a significant incision into the patient’s bladder while separating the organs. The plaintiff contended that the physician negligently attempted to repair the injury before requesting assistance from a urologist, resulting in ongoing complications.
It is reported that although the patient’s child was delivered safely, the bladder injury did not heal properly, leading to the development of a vesicouterine fistula. Even after subsequent surgery corrected the abnormal connection between the bladder and uterus, the plaintiff reportedly continued to experience urinary dysfunction, bladder spasms, and incontinence requiring her to wear protective pads. The evidence further indicated that she had been advised not to become pregnant again because of the risk of additional complications. After a six-day trial, the jury found the physician liable and awarded $750,000 in noneconomic damages for pain and suffering, along with $75,646 for future medical expenses. According to the report, the noneconomic damages award fell below Maryland’s statutory cap applicable at the time of the verdict.
Why the Verdict Matters
Although every medical malpractice case depends upon its own facts, this verdict highlights several important principles of Maryland law. First, a poor medical outcome alone does not establish negligence. Instead, an injured patient generally must prove that the healthcare provider breached the applicable standard of care and that the breach proximately caused the patient’s injuries. In most Maryland medical malpractice cases, this requires testimony from qualified medical experts who can explain both what a reasonably competent healthcare provider should have done under similar circumstances and how the defendant’s conduct caused the injury. Without persuasive expert testimony, even a serious injury may not result in liability.
The verdict also demonstrates the types of damages that may be available when medical negligence causes lasting harm. Maryland law permits injured patients to seek economic damages, which can include past and future medical expenses, lost income, diminished earning capacity, and other measurable financial losses. Plaintiffs may also recover noneconomic damages for losses that cannot easily be quantified, including pain, suffering, emotional distress, inconvenience, disfigurement, and loss of enjoyment of life. Unlike economic damages, however, noneconomic damages in Maryland medical malpractice cases are subject to statutory caps that are adjusted over time. As this case illustrates, juries may award substantial compensation even when those statutory limitations apply.
The case also serves as an important reminder that strict filing deadlines govern Maryland medical malpractice claims. In most situations, an action must be filed within the earlier of five years from the date the injury was committed or three years from the date the injury was discovered, although exceptions may apply depending upon the circumstances. Waiting too long can permanently bar an otherwise valid claim.
Finally, unlike many other personal injury actions, Maryland medical malpractice claims generally cannot proceed directly to circuit court. Before filing suit, a claimant ordinarily must comply with the requirements of the Health Care Alternative Dispute Resolution Office, including filing a Certificate of Qualified Expert establishing that the healthcare provider departed from the applicable standard of care and that the departure proximately caused the alleged injury. These procedural requirements frequently determine whether a case is allowed to proceed on its merits.
Learn How an Experienced Baltimore Medical Malpractice Attorney Can Help
A serious medical injury can change your health, your finances, and your family’s future in an instant. If you believe you were harmed because a healthcare provider failed to meet the accepted standard of care, do not wait to learn about your legal rights. The experienced Baltimore medical malpractice attorneys at Arfaa Law Group have extensive experience representing patients and families harmed by negligent medical care. We understand the medical and legal issues these cases present and are prepared to pursue the compensation you deserve. Call Arfaa Law Group at (410) 889-1850 or complete our online contact form today to schedule a consultation and discuss your potential medical malpractice claim.