Baltimore Medical Malpractice Lawyer Blog

The “Big Three” Diseases Account for Most Frequent Diagnostic Errors

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

Failure to diagnose a patient’s illness properly is among the most common forms of medical negligence. If this has happened to you or someone you care about, we are here to help. Our Baltimore diagnostic error attorneys understand the devastating toll that a misdiagnosis, delayed diagnosis or missed diagnosis can have on a patient and his or her life, which is why we will work diligently to help secure a better future for you and your family.

Diagnostic errors cause serious preventable harm to patients. Countrywide estimates for these errors range from 40,000 to 4 million every year. A new study published in the peer-reviewed journal Diagnosis reveals that 34 percent (about one third) of all medical malpractice cases that lead to death or permanent disability arise from an erroneous or delayed diagnosis, making it the leading cause of serious harm among medical mistakes. And of those instances, about 75 percent can be tracked back to diagnostic mistakes involving three medical conditions: cancer (37.8 percent), vascular events (22.2. percent) and infection (13.5 percent). The most frequent disease in each category was lung cancer, stroke and sepsis. The findings, from an analysis of nearly 12,000 malpractice claims, were sponsored by the Society to Improve Diagnosis in Medicine.

When a diagnostic error leads to the wrong treatment, delayed treatment or no treatment at all, the patient’s health condition can be made much worse. If someone suffers harm due to a diagnostic error, a medical malpractice claim can be filed against an at-fault medical professional. However, the burden of proof in every medical malpractice case is on the victim, who must establish each of the following elements:

Malpractice Claims Are Often the Result of Errors Related to Patients’ Medical Records

Published on: August 20, 2019 | by Arfaa Law Group

Medical records are a way to document a patient’s medical history as well as the history of care that person has received by a specific medical professional. These records are vital to ensuring a patient receives adequate care. If you’ve suffered harm due to an error in your medical record or because your medical record was mixed up with another patient’s record, we are here to help. Our Baltimore medical negligence attorneys believe that victims of malpractice deserve full and fair compensation for their injuries and losses.

A study recently conducted by the Pew Charitable Trusts and the Massachusetts eHealth Collaborative has revealed that matching patients to their healthcare records is an ongoing issue in medical facilities across the country. Shockingly, in some places, the current patient match rate could be as low as 50 or 60 percent. The study also found that medical record errors are more common in urban health systems where patients obtain medical care at multiple facilities, indicating a need for more efficient data exchange not just within medical facilities, but also between them.

Mismatched patient records take place when two patients, frequently with a similar name, have their records mixed up by a medical professional. This can lead to a wide range of adverse health consequences for a patient, including, but not limited to: delays in patient care; patients receiving the wrong surgical procedure; patients receiving the wrong medication and an overall increase in healthcare costs. Another type of medical records error takes place when multiple patient records exist for the same patient. Not only are duplicate records inconvenient, they can lead to misinformation and medical professionals providing unnecessary testing and treatment.

Family of Deceased Woman Wins $2.6 Million in Malpractice Lawsuit

Published on: August 14, 2019 | by Arfaa Law Group

When a cardiologist fails to give the necessary importance and attention to a patient’s complaints, diagnosis, procedure or treatment, the consequences can be devastating. If you or a member of your family has been injured because of a cardiologist’s error or carelessness, call our Baltimore medical injury attorneys without delay. Having helped countless victims of malpractice across Maryland, we know first-hand how a medical injury can affect your life, family and livelihood.

In 2014, a woman drove herself to the University of Chicago for an appointment with a heart specialist. The woman, who was a retired postal worker, had a number of health problems and was experiencing shortness of breath but expected the visit to be a routine doctor’s appointment, according to her daughter. However, the physician ordered a test during which an artery was damaged. According to the lawsuit, this damaged artery led to the woman dying a few days later from internal bleeding. Earlier this year, a jury awarded the woman’s surviving daughter $3 million in the malpractice claim against the cardiologist and the hospital. Recently though, that amount was reduced to $2.6 million in a post-trial agreement in which the hospital agreed to drop appeals.

While this case took place in Illinois, the reality is that cardiologist malpractice is common across the country. According to a 2017 Medscape report, sixty percent of cardiologists have been named in a lawsuit. Over 53 percent were involved in claims where other parties were also named, while 12 percent were involved in lawsuits in which they were the only person named. The top three reasons for being sued included the following: complications from treatment or surgery, wrongful death, and failure to treat or delayed treatment.

Baltimore Jury Favors Plaintiffs in Birth Injury Case

Published on: August 2, 2019 | by Arfaa Law Group

There is nothing more devastating than realizing your newborn has suffered a preventable birth injury. Aside from the stress of dealing with such an injury, you probably have a lot of questions. If your child has sustained a serious birth injury because of a medical professional’s neglect or mistake, you might be able to obtain compensation. Birth injury cases are among the most complex areas of medical malpractice law, but you can rest assured that our hard-working Baltimore birth injury lawyers know how to effectively advocate for your rights.

Recently, a Baltimore jury ruled in favor of the plaintiff in a medical malpractice case in which the defendant was accused of causing a severe birth injury in 2014. The lawsuit arose from allegations that medical professionals provided a 16-year-old mother with inaccurate dire predictions about the possible outcome of the birth after she began experiencing preeclampsia. Facing that prognosis, which the mother’s lawyers say was incorrect; the teen underwent an unmonitored vaginal delivery when she should have instead had a C-section. This led to the newborn daughter suffering long lasting brain injuries from a lack of oxygen. In fact, the baby was born with a hypoxic brain injury, which caused cerebral palsy. She cannot walk, must rely on a feeding tube, and requires round-the-clock care.

Birth injuries can happen for a variety of reasons, but when these injuries are caused by medical negligence or careless errors made by a medical professional, you have the legal right to hold that medical professional accountable through a medical malpractice claim. Medical malpractice happens when a medical professional injures a patient by failing to act in accordance with the standard of care. The standard of care denotes the level of care that a reasonably competent doctor would have used in the same situation. You should be aware that the standard of care differs in each situation based on a number of factors including the patient’s medical history, age, condition being treated and more.

Therapist Accused of Sexually Exploiting Vulnerable Patients

Published on: July 26, 2019 | by Arfaa Law Group

Sadly and perhaps shockingly, sexual abuse by medical professionals is a common occurrence across the country. If you have been the victim of sexual abuse by a doctor or other medical professional, it is imperative to contact our experienced Baltimore professional negligence attorneys. We are dedicated to protecting the rights of patients throughout Maryland and we will do everything in our power to make sure no one else suffers at the hands of the perpetrator.

A well-known Boston-area psychiatrist and best-selling author has been sued for sexually exploiting three of his patients. Specifically, three women allege that the doctor preyed on them while they were vulnerable patients and drew them into demeaning sexual relationships while he was treating them for depression. Each of the women filed a medical malpractice lawsuit against the healthcare provider, which have now been settled. The terms of the settlement were not disclosed. The Boston Globe reports that the doctor used a debatable treatment for depression on the women, which greatly depended on infusions of Ketamine – a fast-acting anesthetic and painkiller that induces a trance-like state, memory loss and even hallucinations. It is alleged that the doctor was using the Ketamine along with talk therapy to control at least one of the victims.

All medical professionals, including therapists, have a duty to provide competent and professional care. In a doctor-patient scenario, the medical professional holds great power over the patient and has a responsibility to behave appropriately. When a medical professional crosses the line, the consequences can be devastating for a patient. While in the aforementioned case, it was a Massachusetts therapist who allegedly sexually abused his patients; the sad reality is that this type of behavior is common in Maryland and virtually every other state.

Unprofessional or Rude Behavior by Surgeons can Negatively Impact Patient Outcomes

Published on: July 19, 2019 | by Arfaa Law Group

Surgical errors can have catastrophic consequences for a patient as well as his or her loved ones. If you sustained an injury due to a surgeon’s neglect, you may have a medical malpractice lawsuit on your hands. Our Baltimore surgery malpractice advocates will take our time reviewing your case and help you understand your legal rights and options following a medical mishap.

A study recently printed in the Journal of the American Medical Association found that patients of surgeons who acted unprofessionally around their colleagues were more likely to have complications following surgery. In fact, surgeons who exhibit unprofessional conduct can weaken the performance of their teams, the researchers found, potentially putting patient safety at risk.

To conduct the study, data from almost 13,7000 patients and 202 surgeons from the National Surgical Quality Improvement Program were used. Researchers examined post-surgery reports to determine whether the surgeons’ colleagues reported any of the following conduct: uncertain or ill-mannered communication, poor or unsafe care, lack of integrity and failing to follow through on professional obligations.

Studies Show that Young Female Physicians are Particularly Vulnerable to Burnout

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

All medical professionals have a duty to provide competent care. This can be difficult, however, when a physician is experiencing burnout. If you or someone close to you has suffered a medical injury that you believe was caused by burnout, we can help. Our Baltimore medical injury lawyers understand that figuring out whether a claim is worth pursuing can be both stressful and daunting. We want to take this stress away by figuring out the legalities in your case so you and your family can focus on healing.

Recent suicides have demonstrated that more than half of all physicians report symptoms of burnout. Burnout has been defined as long-term, unresolvable job stress that leads to feeling overwhelmed, cynical and even hopeless. Burnout also often leaves physicians feeling a lack personal accomplishment and this takes a serious toll. Alarmingly, suicide rates are twice as high among physicians as compared to other professionals.

New research shows that women are especially vulnerable to burnout. One study indicates that women experience more depressive symptoms in their first year of training as a doctor. Another study found that women quit the surgical field for a number of reasons: the impact of pregnancy; child-rearing; not enough female role models; sexism and discrimination; sexual harassment and assault; as well as poor mental health. Female physicians are not as likely to get patient referrals as their male counterparts in the same specialty; and by the end of the year, women earn, on average, $105,000 less than male specialists. All of these factors lead to burnout.

Maryland Appeals Court Remands Case over Plaintiff’s Failure to File Supplemental Certificate of Qualified Expert

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

If you or a loved one has suffered an injury that you believe is the result of medical malpractice, our Baltimore medical injury attorneys are here for you. With extensive experience advocating for victims of medical malpractice in Maryland, we understand how to protect your rights and hold the at-fault party accountable for the harm that they caused.

Recently, the Court of Special Appeals of Maryland remanded to the circuit court a medical malpractice and wrongful death case alleging failure to diagnose and treat the decedent’s condition within the appropriate time frame. In this case, the plaintiff failed to file a supplemental certificate in a timely manner and the circuit court dismissed the case as a result. The appellate court remanded the case to the lower court to clarify the question of whether dismissal was the appropriate response, or whether some other remedy would have been more appropriate.

In a medical malpractice case, Maryland law requires a plaintiff file a supplemental certificate of a qualified expert within 15 days following the date of the discovery deadline. The court is required to grant an extension to this deadline if “good cause” is shown. However, if a plaintiff fails to file a supplemental certificate of a qualified expert for a defendant, the court can dismiss the claim on a motion of the defendant. Here, the circuit court denied the plaintiff’s motion for additional time holding that the plaintiff did not show good cause. The circuit court, thus, dismissed the case altogether. While the dismissal was without prejudice, it had the same effect because the statute of limitations had run in the case.

Research Indicates that Artificial Intelligence can Make Ophthalmologists More Effective

Published on: June 27, 2019 | by Arfaa Law Group

Being the victim of medical malpractice is a situation that no one ever wants to find themselves in, but the reality is that it happens all the time in Maryland and throughout the country. If you have been injured due to the negligence of an ophthalmologist, you may be entitled to compensation for your harm. Our skilled Baltimore ophthalmologist malpractice attorneys have a rich legacy of providing advocacy and legal services throughout the state.

A recent study from the Google AI Research Group suggests that physicians and algorithms working together can lead to positive patient outcomes. The report, which was published in the Journal of American Academy of Ophthalmology, found that algorithms improved an ophthalmologist’s diagnostic accuracy. This is potentially groundbreaking because more than 29 million Americans have diabetes and are at risk for diabetic retinopathy, a potentially blinding eye disease. Sadly, the screenings that are intended to detect vision loss can vary substantially. One study determined that there was a 49 percent error rate among internists, diabetologists, and medical residents. As such, recent advances in AI that are committed to improving access to diabetic retinopathy screening and improve its accuracy could really change lives.

Unfortunately, like other doctors, ophthalmologists can make mistakes that lead to patient harm. If you have suffered harm due an ophthalmologist’s error, carelessness or misconduct – you may be able to recover damages through a medical malpractice claim. The specific damages you will be able to recover will vary depending on the nature and extent of the injury suffered. Typically, however, a plaintiff will be entitled to medical expenses, lost wages, pain and suffering, rehabilitation costs and more.
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Doctor Burnout Costs US Healthcare System Billions Every Year

Published on: June 20, 2019 | by Arfaa Law Group

Physician burnout puts patient safety at risk and leads to potentially devastating errors. If you have been injured because of medical negligence that you believe was caused due to physician burnout, our Baltimore medical injury attorneys can help you learn more about your rights and options. With extensive experience in Maryland malpractice law, we understand how to investigate complex medical injury claims and protect your rights based on the facts.

Sadly, burnout is common for doctors. Burnout is a state of emotional, physical and mental exhaustion characterized by excessive and prolonged stress. It happens when a doctor is overwhelmed and unable to meet demands. which can lead to feelings of cynicism, worry and doubt. Physicians across the United States deal with symptoms of burnout at almost twice the rate of other workers, often pointing to reasons such as long hours, concerns about being sued, and dealing with workplace bureaucracy like filling out time-consuming electronic medical records.

While we know that doctor burnout is bad for both the physician and his or her patients, it is also extremely expensive. A recent study published in the Annals of Internal Medicine found that doctor burnout costs the US healthcare system approximately $4.6 billion a year. To draw this conclusion, researchers analyzed information such as recent reports and research – including direct or inferred findings on physicians cutting back on hours or quitting as a result of burnout. A mathematical model was then used to estimate the cost of burnout, focusing on the price tag of replacing doctors and lost wages from vacant positions.