Baltimore Medical Malpractice Lawyer Blog

Maryland Court Says Auto Accident Settlement Bars Subsequent Medical Malpractice Claim

Published on: May 6, 2019 | by Arfaa Law Group

While people in every profession make mistakes from time to time, when a medical professional makes an error, it can cost a patient his or her life. If you have been injured or lost a loved one due to a healthcare provider’s negligence, our experienced Baltimore medical malpractice attorneys can help you figure out your next steps. At Arfaa Law Group, we understand how to navigate these complex claims.

A Maryland high court recently barred a car crash victim from pursuing a medical malpractice claim after discovering that she had been fully compensated for all of her injuries by the auto insurance company. The facts of the case are as follows. A woman sustained serious injuries in a car accident. She underwent surgery and developed a post-operative infection, which was resistant to treatment. Ultimately, a doctor treated her infection with antibiotics intravenously and ended up accidentally puncturing an artery during the procedure. As a result, the woman suffers from a condition that causes chronic pain, numbness and disability in her left arm.

In regards to the car crash, the woman sued the driver of the other car for negligence. She obtained a settlement from the negligent driver and the owner of the vehicle, as well as from her uninsured/underinsured motorist carrier.

Apologizing Does Not Decrease Medical Malpractice Liability, Study Finds

Published on: April 25, 2019 | by Arfaa Law Group

Medical professionals have an obligation to provide competent care to each and every patient. Sadly, this does not always happen. If you have been injured by a medical professional’s negligence, our diligent and hard-working Baltimore medical malpractice attorneys can help you hold the at-fault party accountable. We will investigate the facts of your case and try our best to get you the compensation you deserve.

A new study published in the Stanford Law Review found that laws passed in 39 states over the last twenty years, which were intended to decrease medical malpractice litigation by protecting physicians who apologized for their errors, are not working. The aforementioned laws were passed based on case studies indicating that apologies from physicians to patients could promote healing and encourage patients to settle their claims outside of court. However, new research shows that when a patient is made aware that his or her doctor committed a medical error, the patient’s incentive to sue can actually increase even though the apology itself cannot be used as evidence of malpractice under the apology laws.

For surgeons, the research found that saying sorry did not impact either the number of lawsuits that were filed or the percentage of lawsuits filed that actually went to trial. For non-surgeons, on the other hand, laws requiring an apology had a worse effect. In fact, claims in states with apology law were 46 percent more prone to end up in a lawsuit. The monetary awards to patients of non-surgeons more than doubled in states with apology laws when compared to states without such laws.

Hospital Gets Sued After Performing Prostate Cancer Surgery on the Wrong Patient

Published on: April 22, 2019 | by Arfaa Law Group

Pathologists are doctors who study the cause and development of disease. These medical professionals play a vital role in a patient’s care. In fact, treatment decisions are often made solely on the opinion of a pathologist. If you have been hurt due to a pathologist’s error, you may be qualified to recover damages for your harm through a medical malpractice lawsuit. At Arfaa Law Group, our diligent Baltimore medical malpractice lawyers are committed to investigating your case and helping you figure out your next steps.

An Iowa man recently won a medical malpractice case for undergoing debilitating prostate cancer surgery and then learned that he did not have cancer. Apparently, a pathologist mixed up slides of the plaintiff with another man who, in fact, did have prostate cancer. The error led to an incorrect diagnosis, and ultimately unnecessary prostate gland removal surgery in April 2017. The procedure was not only painful; it seriously damaged nearby nerves and left the plaintiff impotent and incontinent. His quality of life has been severely affected due to both of these conditions. While the hospital admitted that unnecessary surgery had taken place, the main issue at trial was over the question of damages. Ultimately, the plaintiff was awarded $12.25 million.

While this is an Iowa case, the sad reality is that pathology errors leading to devastating consequences happen everywhere and Maryland is no exception. Pathologists study and diagnose diseases through examining surgically removed organs, tissues (biopsy samples), bodily fluids, and in some cases the entire body (autopsy). This is done through examining tissue samples and cells in body fluids under the microscope and making a determination based on those observations. A pathologist error could have one of two consequences: it could lead to a delay in treatment or lead to unnecessary treatment. The latter is what happened in the aforementioned Iowa case. The pathologist correctly identified prostate cancer based on the slide but mixed up patient files, which led to diagnosing the wrong patient.

Doctors More Likely to Become Solo Practitioners after Multiple Malpractice Claims

Published on: April 10, 2019 | by Arfaa Law Group

Medical malpractice can lead to catastrophic injuries that can impact the rest of your life. If you have been seriously harmed because of what you believe to be medical malpractice, you may be eligible to recover damages for your harm. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are committed to representing victims of medical negligence across Maryland.

A study recently published in the New England Journal of Medicine found that doctors are more likely to open solo practices or quit practicing medicine altogether after facing multiple medical malpractice claims. The researchers found that either one of these responses are more likely than the doctor moving far away to find work and “start fresh.” The study examined a national group of 480,894 physicians in the age range of 35 to 65 who practiced from 2007 to 2015. A total of 89 percent of the doctors had no claims, 8.8 percent had 1 claim and the remaining 2.3 percent had 2 or more claims, which accounted for 38.9 percent of all claims.

According to the findings, more than 9 out of 10 doctors who have five or more successful malpractice claims against them continue to see patients and are in no rush to move far away from where the malpractice occurred. In addition, doctors who have multiple malpractice claims on their record are 45 percent more likely to give up and try another profession than those who have spotless records. In sum, doctors with multiple malpractice claims are no more likely to relocate than those with no claims but they are more likely to give up practicing medicine altogether.

Study finds Misdiagnosis is Top Complaint in Medical Malpractice Claims Involving Children

Published on: April 3, 2019 | by Arfaa Law Group

While you trust that your doctor will provide the utmost quality of medical care to your child, the unfortunate reality is that this does not always happen. Just like adults, children are often the victims of medical malpractice. If your child was injured or died as a result of medical malpractice, you need to consult a seasoned Baltimore medical malpractice attorney immediately. At Arfaa Law Group, we are committed to holding negligent medical professionals accountable and seeking the monetary awards that you rightfully deserve.

A new study released by The Doctors Company, a physician-owned medical malpractice insurer, finds that misdiagnosis is the main reason for medical malpractice claims involving children. A misdiagnosis involving either a missed, failed or incorrect diagnosis, typically caused by insufficient medical evaluations, is the number one allegation in medical malpractice claims involving children aged one month to 17 years. It is also the second-most common allegation in lawsuits involving infants younger than one month old.

The study analyzed 1,215 claims from the year 2008 to the year 2017 that were filed against doctors in 52 specialties. The allegations in each claim, as well as the factors that led to the harm, were documented in each case. For instance, poor communication between doctors and the patient or family played a role in 15 to 22 percent of claims depending on the age of the child. In addition, the report provides specific recommendations about how healthcare professionals can reduce the risk of harm to children.

When you Give Birth May Matter According to New Study

Published on: March 25, 2019 | by Arfaa Law Group

Birth injuries can have lifelong consequences for a child. If you believe that your child has suffered a birth injury and you want to speak to a reputable Baltimore birth injury attorney, please contact the Arfaa Law Group. We take great pride in providing nuanced and personalized legal representation to each and every client, and you will be no exception.

The Study

While the birth of a child is meant to be an extremely joyous day in a parent’s life, it can quickly become a tragedy if something goes wrong. In such instances, doctors, lawyers and patients tend to focus on what happened during the labor and delivery that led to a negative outcome. However, a new study suggests that when you give birth may also matter. The report found that when compared to a weekday delivery during the daytime, the risk of delivery complications at nighttime were 21 percent higher; on weekends complications were 9 percent higher and on holidays 29 percent higher. In addition, the study found that education levels affect the rate of complications. For instance, teaching hospitals experienced a 28 percent increase in risk of complications in July when students first begin their training. By the following June, the was no statistical difference in risk. This implies that it takes students almost a year to get up to speed. Doctors and hospitals should take these insights seriously and create procedures and protocol around the findings.

Deceased Woman’s Family Wins Medical Malpractice Claim

Published on: March 18, 2019 | by Arfaa Law Group

If you have suffered an injury or lost a loved one due to what you believe may have been medical negligence pertaining to laser lead extraction, you should immediately reach out to a trusted Baltimore medical malpractice attorney. At Arfaa Law Group, we are committed to holding careless physicians responsible for the pain and heartache they inflict on patients. We know this is a difficult time for you and your family and that is precisely why we will navigate your claim with the utmost compassion.

Recent Laser Lead Extraction Lawsuit

After a two-week trial, an Illinois jury handed down a unanimous verdict recently finding a hospital guilty of medial malpractice. The lawsuit was filed after a 64-year-old man went through a laser extraction program to remove a pacemaker and later died in a hospital Cath Lab where the heart and blood vessels were perforated by the laser. The complaint alleged that the patient was the victim of a poorly prepared staff that not only perforated his heart but also was unable to respond to the injury in a timely manner. The family will now receive over $2 million as compensation for their loss.

Study Highlights Serious Deficiency of Sepsis Care in Hospitals in Maryland and Nationwide

Published on: March 12, 2019 | by Arfaa Law Group

If you or a loved one has developed sepsis while undergoing medical treatment, or suffered harm as a result of undiagnosed or improperly treated sepsis, it is imperative for you to contact a seasoned Baltimore medical malpractice attorney. At Arfaa Law Group, we work diligently to build the strongest possible case on your behalf.

The Study

According to a new study released by the Centers for Medicare & Medicaid Services (CMS), three-quarters of US hospitals fail to provide appropriate care for sepsis. The study assigns traditional grades to the percentage of patients who receive proper care. Just 1 percent received an A, while a disturbing 74.8 percent of hospitals received a failing grade. CMS utilizes traditional school grades as opposed to a star rating system because the rationale is that it is a more accurate system. Consider the following: if a hospital only provides appropriate treatment 60 percent of the time, that is a failing grade, as opposed to three stars. The study examined data that CMS has recently released comparing hospital performance across the nation.

Study Finds that Doctors often Win Facial Trauma Medical Malpractice Cases

Published on: March 5, 2019 | by Arfaa Law Group

If you or someone close to you has suffered a facial injury because of a surgeon’s negligence, you need a skilled Baltimore medical malpractice attorney on your side. At Arfaa Law Group, we have handled countless Maryland medical malpractice claims and can apply our experience and skill to your case. We understand that every case is unique, which is why we proudly provide unique and personalized representation to each and every client.

The Study

A new study published in the Journal of Oral and Maxillofacial Surgery found that outcomes in facial trauma lawsuits typically favor doctors, with almost 75 percent of cases being dismissed prior to trial. The study is the first of its kind focusing on facial trauma litigation. The findings reveal that around 15 percent of plastic surgeons face a medical malpractice lawsuit every year. The researchers examined 69 incidents from 1913 to 2016. Approximately three quarters of the plaintiffs with jaw injuries or numerous facial fractures were men. If you look at all the cases that went to trial, 58 percent were tried by a judge while 38 percent were tried by a jury. Almost 75 percent of cases were ultimately decided in favor of the doctors, 19 percent on behalf of the patient, 3 percent reached a settlement and 3 percent had an unknown conclusion. In addition, the study found that outcomes of facial trauma claims varied depending on the region of the country.

Maryland Appellate Court Holds Medical Malpractice Lawsuit Barred by Statute of Limitations

Published on: February 28, 2019 | by Arfaa Law Group

If you or a loved one has been harmed by medical negligence, you could be eligible for compensation. At Arfaa Law Group, our knowledgeable Baltimore medical malpractice advocates will parse through the details of your case and provide you with an honest evaluation of your claim. We know the ins and outs of Maryland medical malpractice law, including the relevant legal time frames in your case and how serious courts are about these deadlines.

The Maryland Court of Special Appeals recently affirmed summary judgment granted by a lower court to a medical malpractice defendant based on the statute of limitations. The plaintiff and his wife filed a medical malpractice claim in November 2013 against the University of Maryland Medical System Corp. and the University of Maryland Medical Center (collectively UMMC), alleging that UMMC failed to properly treat an MRSA infection in his leg. The defendant filed a motion for summary judgment, arguing that the lawsuit had been filed after the statute of limitations had expired.

The specifics of the case are as follows. On July 3, 2010, the plaintiff was diagnosed with a serious fragmented break of his left femur and open wound on his left thigh. His underwent surgery in which bolts were screwed into his bones. A few days later, he was tested for MRSA and the test results came back negative. On July 12 of that same year, he tested positive for MRSA and was placed into isolation. On July 19, 2010, he was discharged to a rehabilitation center. On July 27, 2010, he was sent back to UMMC. On July 29, UMMC sent him back to the rehabilitation center where he was treated for the MRSA infection and remained for a few weeks. In June of 2012, the plaintiff was admitted to the hospital where tests showed a heavy growth of MRSA infection. From that point onward until 2013, he had issues with the infection until he had to have a total knee replacement.