Baltimore Medical Malpractice Lawyer Blog

Maryland Court Says Patient’s Pre-Care Behavior is Not Relevant in Medical Malpractice Claims

Published on: May 2, 2018 | by Arfaa Law Group

Surgical errors can have devastating consequences for a patient and his or her family. In the worst cases, these errors can lead to a patient’s death. When surgeons cause preventable harm, they may be liable for malpractice. If you believe that you or someone close to you was injured by a surgeon’s mistake or carelessness, we can help. At Arfaa Law Group, our diligent Baltimore surgical malpractice attorneys can scrutinize the facts of your case and decide the feasibility of your claim.

In Barbosa v. Osbourne, a Maryland high court recently held that a patient’s mistreatment of himself or herself prior to seeking medical care cannot later serve as a physician’s defense against a malpractice claim. In other words, the pre-treatment conduct of a patient is irrelevant in determining whether a physician is liable for violating the standard of care in rendering medical services to that patient.

The facts of the case are as follows. The plaintiffs filed a medical malpractice case against the defendant physician, claiming that the doctor negligently cut the plaintiff’s bile duct while surgically removing his inflamed gallbladder. As a defense, the defendant invoked the plaintiff’s supposed contributory negligence in failing to seek treatment for his severe abdominal pains in a timely manner. The court ultimately concluded that since the plaintiff’s alleged negligence preceded any medical treatment that the plaintiff received from the doctor, the defendant’s contributory negligence defense had no basis in the law.

Design Problems in Electronic Medical Records Can Harm Patients in Maryland

Published on: April 24, 2018 | by Arfaa Law Group

A patient’s medical file contains vital information regarding a person’s history of illness, his or her family medical history, information about any allergies, and any medications the patient may be using. When these records are not kept up to date, patients can be at risk of serious harm. If you have suffered medical malpractice resulting from errors in electronic records, you may be able to recover compensation for your harm. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are committed to protecting your rights at every step of the way.

A team of researchers at MedStar, a not-for-profit health care organization headquartered in Maryland, examined almost two million reports of safety hazards from clinics in Pennsylvania and the mid-Atlantic region. Of the total, 557 explicitly stated that there was an issue with electronic health records (EHRs) that put a patient in danger.

The study, published in the Journal of the American Medical Association, noted that while EHRs have reduced certain kinds of medication mistakes compared to paper charts, the software can be challenging to use. In fact, “usability issues” ranging from data entry and display to defaults and drug orders contributed to patient harm. Consider the following example. In the United States, the medical community tends to weigh in pounds, so most scales are in pounds. However, in one case examined by the study, the EHR allowed a clinician to record a child’s weight in kilograms as opposed to pounds, which could have led to a serious overdose in medications that are based on their weight.

Deadly Bacteria in Hospitals Could Give Rise to Malpractice Claims

Published on: April 17, 2018 | by Arfaa Law Group

If you or your loved one has been injured by a medical professional’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, our Baltimore medical malpractice attorneys can provide aggressive legal representation to you throughout the process. We understand that dealing with an adverse health outcome can be stressful, which is why we will handle your case with the utmost compassion.

In a recent study conducted by the National Institutes of Health (NIH) published in the journal mBio, scientists conducted a five-year study to explore the NIH hospital in Bethesda, Maryland to understand in a deeper way how hazardous, antibiotic-resistant bacteria live and develop. Often, bacteria thrive in hospital settings. Since very sick patients are sometimes treated with antibiotics of last resort, hospitals can become warehouses for multi-drug resistant bacteria, which can be easily transferred through tiny pieces of genetic material called “plasmids.” The NIH found that, many times, these plasmids live under the sink and in the plumbing. In fact, the bacteria from different sources mix and match, sharing their drug-resistant plasmid pieces.

The study found that the dangerous plasmids found in sewers and plumbing did not seem to be a contributing factor to increased infections among hospitalized patients. The safety protocols being taken at the hospital to control infections are working. However, while the bacteria from the plumbing is not reaching patients and increasing infection rates, there is still a huge storehouse of general material present in the plumbing and backwater of the hospital sewer system.

How Effective is the 20 Percent Rule in Maryland Malpractice Cases?

Published on: April 11, 2018 | by Arfaa Law Group

If you or a member of your family has been harmed by a medical professional’s negligence, you need to reach out to a seasoned Baltimore medical malpractice attorney who can help. At Arfaa Law Group, not only do we understand how to navigate complex medical malpractice cases, but also we understand the procedural rules that must be followed in these cases. With years of experience, we can help your family and you pursue the compensation you need to move on with your life after a medical injury.

Medical malpractice litigation generally requires using expert witnesses. These witnesses are necessary to help the jury understand medical issues that may be at issue in a malpractice trial. In Maryland, expert testimony may be admitted if the court decides that the testimony will help the trier of fact (either the judge or the jury) understand the evidence or determine a fact at issue in the case.

Under Maryland law, an expert in a malpractice claim opining on the “standard of care” cannot devote in excess of 20 percent of their professional activities to courtroom testimony. Put simply, you cannot call as a witness on the standard of care anyone who spends more than one day a week out of five working as an expert witness. The idea behind this rule is to discourage the use of “professional experts” or so-called “hired gun” doctors who simply travel to testify as opposed to seeing patients. While the principle makes sense, the 20% requirement may seem arbitrary to some.

Maryland Ranked One of the Worst States for Doctors

Published on: April 2, 2018 | by Arfaa Law Group

Medical professionals have an obligation to be diligent when diagnosing and recommending treatment for patients. Unfortunately, this does not always happen. If you have suffered harm due to a health care provider’s misdiagnosis of your condition, the seasoned Maryland misdiagnosis attorneys at Arfaa Law Group can help. We understand how to navigate these cases and help seek the compensation our clients deserve.

A study recently released by WalletHub dubbed Maryland one of the worst states in the country for doctors. In fact, Maryland is the 7th worst state for doctors, ranking 44th out of the 51 states.

The study compared states on a number of metrics, including annual salaries, starting salaries, hospitals per capita, cost of malpractice insurance, hospital quality competition, and how much was awarded in malpractice per capita. In general, Maryland tends to have a higher cost of living, lower wages, and higher costs of malpractice insurance when compared to most other states. Other states that are in the top 10 worst states for doctors in 2018 include Illinois, California, Oregon, Massachusetts, Washington, D.C., Hawaii, New York, Rhode Island, and New Jersey.

New Study Highlights Nurse Practitioners and Doctors Face Similar Liability Risks

Published on: March 27, 2018 | by Arfaa Law Group

Have you or someone you love been harmed by a medical mistake at a hospital? If so, you should reach out to a seasoned Baltimore hospital malpractice attorney who can help you understand your rights. At Arfaa Law Group, we can seek a settlement that is appropriate for the losses that you have incurred, but we are also prepared to advocate for your rights at trial if necessary. You can trust that we are prepared to aggressively assert your rights and get you the compensation you need to move on with your life.

A study recently issued by The Doctors Company reveals that the allegations in medical malpractice lawsuits against nurse practitioners (NPs) do not differ drastically from those made against primary care doctors. The study by the country’s largest physician-owned medical malpractice insurer is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors between the dates of January 2011 and December 2015. The key findings from the study were as follows:

Diagnosis-related and medication-related claims were similar for NPs and primary care doctors;

Patient Dumping Incident in Maryland

Published on: March 19, 2018 | by Arfaa Law Group

No one should be denied emergency medical care due to an inability or perceived inability to pay for it. If you or someone close to you has been injured due to patient dumping, a skilled Baltimore hospital negligence attorney can help. At Arfaa Law Group, we are dedicated to getting our clients the justice and compensation they deserve for their harm.

Earlier this year, a video showing four hospital security guards at the University of Maryland Medical Center in Baltimore dropping a patient off at a bus stop in freezing weather, wearing nothing but a hospital gown, went viral. The 22-year-old patient with Asperger Syndrome was a victim of “patient dumping.” Patient dumping can take place in a number of ways, including but not limited to situations in which a hospital:

- Turns away someone in need of emergency care;

Newborn Survival Rates Lower in U.S. Than Other Rich Countries

Published on: March 12, 2018 | by Arfaa Law Group

If you suspect that your newborn’s death was a result of a medical professional’s error, carelessness, or wrongdoing, you need to reach out to a seasoned Baltimore wrongful death attorney without delay. At Arfaa Law Group, we are committed to helping our clients pursue the compensation they need to move on with their lives.

According to a new study published in the journal Health Affairs, American babies are 76 percent more likely to die before they turn a year old than babies in other rich countries such as Japan, Singapore, and Iceland. The risk of dying as a newborn in America is only slightly lower than the risk for babies in Sri Lanka and Ukraine. In addition, American children who survive infancy are 57 percent more likely to die before adulthood. When compared to 19 similar Organization for Economic Co-operation and Development (OECD) nations, the study found that U.S. babies were three times more likely to die from extreme immaturity and 2.3 times more likely to experience sudden death syndrome between 2001 and 2010.

The report found that one reason infant mortality rate is lower is due to higher poverty rates relative to other developed countries and a relatively weak social safety net. Approximately 21 percent of American children live in poverty, one of the highest rates in the developed world. In short, the poorer the children, the worse their health outcomes tend to be.

Patients Do Not Want Artificial Intelligence Tools to Replace Doctors

Published on: March 5, 2018 | by Arfaa Law Group

If you have been injured due to a medical professional’s negligence, you need to reach out to a skilled Baltimore medical malpractice attorney who can help. At Arfaa Law Group, we are familiar with Maryland malpractice laws and can help you hold medical professionals accountable for the harm that they cause. You can rest assured that we can help you pursue the compensation you deserve for your losses.

A recent study by Syneos Health Communications examines bridging the gap in the conversation surrounding the use of technology in medicine. The study collected responses from patients being treated for Type 2 Diabetes, breast cancer, and atrial fibrillation. Of the 800 respondents, the vast majority felt that there was no substitute for a doctor. In fact, fewer than 20 percent reported seeing any benefit to their future health if health care was provided by AI-based solutions. The primary concern was that machines might miss things that a human doctor would catch. However, when it came to nurses, 64 percent of respondents thought technology could be very useful, since patients could have on-demand access to information and health monitoring and ask the questions they needed to ask.

As medical technology advances, it will play a greater role in patient care. While this can provide better care for patients, it can also create complex legal questions when it comes to malpractice. What happens when technology results in an injury to a patient or worsens a patient’s existing condition? While working with complicated technology, medical professionals are expected to provide competent care by using the technology properly. In short, if doctors are relying on technology, they have to be able to use it correctly. In cases in which this does not happen, a medical professional may be liable for medical malpractice.

Study Finds Opiates Over-Prescribed to New Moms After C-Sections

Published on: February 22, 2018 | by Arfaa Law Group

Childbirth, particularly by C-section, can be painful and uncomfortable, which is why doctors will often prescribe painkillers to treat the pain. Unfortunately, some doctors overprescribe highly addictive medication and end up injuring new mothers. If you or someone close to you was prescribed opioids after giving birth and have questions or concerns, do not hesitate to reach out to a skilled Baltimore prescription error attorney who can help. At Arfaa Law Group, we understand the stakes are high in these cases, which is why we will make every effort to get you the compensation you need to move on with your life.

A study, led by Brigham and Women’s Hospital along with the Harvard Medical School, found that about 85 percent of women who are prescribed opioids fill their scripts after leaving the hospital. On average, each new mother had about 15 pills remaining in her prescription after she took as many as needed for pain. With 1.3 million C-sections taking place a year in the United States, that’s 20 million opioids that could be misused. The research also found that the more pills the women were prescribed, the more likely they were to take them, irrespective of their pain levels. In addition, more than three-quarters of the patients who had leftover pills kept them in an unlocked cabinet as opposed to throwing them away.

Doctors owe their patients a certain duty of care, which includes the duty not to overprescribe medication. When opioids lead to addiction or overdose, it may be malpractice. In Maryland, medical malpractice occurs when a doctor causes an injury or death by failing to use the level of care that a reasonably prudent doctor in the same situation would have used. In order to establish malpractice, the plaintiff must prove the following by a preponderance of the evidence: the doctor owed the patient a duty of care; the doctor breached this duty of care owed to the patient; and the patient sustained an injury as a direct consequence of the doctor’s breach.