Baltimore Medical Malpractice Lawyer Blog

Maryland Court Discusses Medical Malpractice Under the Federal Tort Claims Act

Published on: January 17, 2025 | by Arfaa Law Group

Medical malpractice claims against government entities, such as the Federal Bureau of Prisons (BOP), are often difficult to establish due to strict legal requirements under the Federal Tort Claims Act (FTCA). This was highlighted by a recent decision out of Maryland in which the court ultimately upheld a finding that the plaintiff did not meet the burden of proof for his claims. If you or a loved one has suffered harm due to medical negligence in a correctional facility, you should talk to an experienced Baltimore medical malpractice attorney to clarify your legal rights.

Case Setting

It is reported that the plaintiff, an inmate in federal custody since 2009, filed suit against the United States and the Federal Bureau of Prisons, alleging medical malpractice under the FTCA. The plaintiff had been diagnosed with open-angle glaucoma before entering custody, and his vision was already substantially impaired at the time of his incarceration. Over the years, he underwent multiple transfers between facilities and received various treatments, including eye surgeries and prescription eye drops.

It is alleged that the plaintiff sought consistent medical assistance to administer his prescription eye drops, which he claimed were necessary to prevent further vision deterioration. He also requested additional accommodations, including braille instruction, darker tinted glasses, and a specialized lock for visually impaired individuals. The plaintiff contended that the failure to provide him with these accommodations, as well as the delay in scheduling a recommended laser surgery, directly contributed to his worsening eyesight. Continue Reading ›

Maryland Court Discusses Adequacy of Medical Malpractice Claims

Published on: January 7, 2025 | by Arfaa Law Group

In Maryland, people seeking treatment from a healthcare provider have the right to expect competent care, even if incarcerated. If they subsequently receive substandard care, and suffer harm as a result, they may be able to pursue claims against the parties responsible for their harm, but establishing liability can be challenging, as demonstrated in a recent Maryland case. If you or a loved one has been harmed due to inadequate medical treatment, it is in your best interest to consult a knowledgeable Baltimore medical malpractice attorney who can help you understand your rights and options.

Factual Background and Procedural History

It is reported that the plaintiff, an inmate at a Maryland correctional facility, filed a lawsuit alleging both medical malpractice and deliberate indifference to his serious medical needs. The plaintiff contended that facility medical providers failed to diagnose and properly treat his pulmonary sarcoidosis for over a year. According to the allegations, he first presented with a persistent dry cough, chest pain, and breathing difficulties in May 2016. He was initially prescribed an expectorant and later an albuterol inhaler, but his symptoms did not improve.

It is alleged that medical personnel ordered diagnostic tests, including chest x-rays and a pulmonary evaluation at the University of Maryland Medical System (UMMS). A CT scan performed in March 2017 reportedly suggested pulmonary sarcoidosis, yet subsequent biopsies were inconclusive. The plaintiff was not definitively diagnosed until an endobronchial ultrasound in July 2017 confirmed granulomatous lymphadenitis, a condition associated with sarcoidosis. He was then prescribed prednisone in August 2017, which allegedly improved his symptoms. Continue Reading ›

Historic Maryland Medical Malpractice Verdict Highlights Importance of Evidence

Published on: December 28, 2024 | by Arfaa Law Group

The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands the elements of such claims and can gather the evidence needed to demonstrate liability. If you or a loved one suffered harm due to the carelessness of a physician, it is important to understand your rights, and you should speak to an attorney as soon as possible.

Summary of the Case

It is reported that in December 2021, the decedent, a 22-year-old college student, died unexpectedly while visiting his mother’s home during a holiday break. An autopsy determined the cause of death to be blood clots. Weeks prior to his death, the decedent had informed the defendant, his hematologist, that he was running low on his prescribed anticoagulant medication. Instead of renewing the prescription, the defendant reportedly instructed the decedent to complete his remaining doses and switch to a low-dose aspirin regimen. Tragically, this change allegedly contributed to the fatal blood clots.

It is alleged that the plaintiffs, the decedent’s parents, filed medical malpractice and wrongful death claims against the defendant and the medical group employing him. They alleged that the defendant’s decision to change the decedent’s medication regimen breached the applicable standard of care, ultimately leading to his untimely death. The jury found in favor of the plaintiffs, awarding $3.77 million to the decedent’s mother, $3 million to his father, and $500,000 to the decedent’s estate. Continue Reading ›

Maryland Court Discusses Informed Consent in Medical Malpractice Claims

Published on: December 21, 2024 | by Arfaa Law Group

In Maryland, informed consent and medical malpractice are distinct claims that carry different burdens of proof. As such, whether a healthcare provider obtained a patient’s informed consent is generally irrelevant to a medical malpractice claim. There are few exceptions, though, as discussed in a recent Maryland medical negligence case in which a decedent’s family sought compensation following her death. If you or a loved one suffered harm because of incompetent medical care, you may be owed damages, and it is smart to talk to a trusted Baltimore medical malpractice attorney as soon as possible.

Factual Background and Procedural Setting

It is reported that the decedent, a patient suffering from multiple sclerosis and associated complications, was admitted to the defendant healthcare center for treatment of infected ulcers. Her condition reportedly deteriorated over two weeks of hospitalization, during which her treatment plan shifted to hospice care. Allegedly, the family was neither informed of this change nor consented to hospice care, resulting in increased dosages of narcotic painkillers and the discontinuation of antibiotics. The patient’s condition worsened, and she passed away.

Reportedly, the patient’s family filed a wrongful death and survival action, asserting that the hospital breached the standard of care by failing to secure informed consent and improperly administering pain medication. The hospital denied liability, contending that the patient’s treatment conformed to accepted medical standards and that her death was attributable to her underlying medical conditions. The jury found in favor of the plaintiffs, and the defendant appealed. Continue Reading ›

Maryland Court Discusses Joinder of Claims in Medical Malpractice Cases

Published on: December 15, 2024 | by Arfaa Law Group

While medical malpractice cases often stand alone, it is not uncommon for a plaintiff to pursue medical negligence and product liability claims in the same action. As discussed in a recent Maryland ruling in which the plaintiff sought damages following a hip replacement, such actions are generally permissible as long as the plaintiff complies with procedural and jurisdictional rules. If you suffered harm due to an improperly performed procedure, it is advisable to talk to a Baltimore medical malpractice attorney about your possible claims.

Factual and Procedural Setting

It is reported that the plaintiff underwent a total hip replacement procedure at a Maryland hospital. During the procedure, a medical device manufactured by one of the defendants was implanted. Approximately two and a half years later, the device reportedly failed, necessitating a revision surgery. Allegedly, the replacement device also failed within days, leading to additional complications and injuries, including permanent disability.

Reportedly, the plaintiff initially filed a medical negligence lawsuit in state court against non-diverse defendants, including his healthcare providers. As the case proceeded, the plaintiff added claims against diverse parties, including the manufacturers and distributors of the medical device, alleging product defects. The case involved causes of action for medical negligence, informed consent, strict liability, breach of warranty, and violations of consumer protection laws. Continue Reading ›

Maryland Court Discusses Assumption of the Risk in Medical Malpractice Cases

Published on: December 6, 2024 | by Arfaa Law Group

In Maryland, defendants in medical malpractice claims will often try to divert blame to avoid liability. For example, they may attempt to assert that the plaintiff assumed the risk of the harm they ultimately suffered. The assumption of the risk defense only applies in limited circumstances, however, as discussed in a recent Maryland ruling in which the court rejected the defendant’s argument that said defense is valid in medical negligence claims. If you believe you have been harmed by medical negligence, it is important to understand your options, and you should talk to a Baltimore medical malpractice attorney promptly.

History of the Case

It is reported that the plaintiff underwent an elective outpatient colonoscopy performed by the defendant, during which a perforation of the plaintiff’s colon allegedly occurred. The plaintiff filed a medical malpractice lawsuit against the defendant, contending that this injury resulted from the defendant’s failure to adhere to the accepted standard of care. Specifically, the plaintiff alleged that the defendant did not employ an appropriate and careful technique, leading to serious complications, including severe pain, multiple surgeries, and permanent symptoms of Short Bowel Syndrome.

Reportedly, the plaintiff filed a motion in limine before trial to exclude any evidence related to informed consent, arguing that such evidence was irrelevant and could confuse the jury. The trial court granted the motion, barring the introduction of evidence that the defendant informed the plaintiff of potential complications associated with the procedure. The trial court also faced objections regarding the testimony of the plaintiff’s expert witness and motions to strike a juror for alleged bias and misconduct. Ultimately, the jury found in favor of the plaintiff, awarding damages for both medical expenses and non-economic harm. The defendant appealed. Continue Reading ›

Maryland Court Considers Evidence of Third-Party Negligence in Medical Malpractice Cases

Published on: November 27, 2024 | by Arfaa Law Group

In Maryland, determining liability in medical malpractice cases often involves a detailed examination of the actions of all parties involved. In some cases, this may include an assessment of the potential liability of third-party practitioners. This was demonstrated in an opinion recently issued by a Maryland court that highlights the issue of third-party negligence and its potential impact on a plaintiff’s right to recover in a medical malpractice case. If you suffered harm due to medical negligence, consulting a Baltimore medical malpractice attorney can help you understand your rights and options.

History of the Case

It is reported that the plaintiff’s child was born with severe injuries, including cerebral palsy, allegedly due to the delay in performing a Caesarean section at a Maryland hospital. The child’s parents filed a medical malpractice claim against the hospital, asserting that its delay in acting caused preventable injuries. The hospital, in turn, argued that a nurse midwife, who had been assisting the mother prior to her arrival at the hospital, was solely responsible for the injuries.

Reportedly, the midwife engaged in multiple actions that were alleged to deviate from accepted standards of care, including administering Pitocin without adequate monitoring and improperly performing an episiotomy. These interventions, according to the hospital, led to complications that necessitated emergency care upon the mother’s arrival. Continue Reading ›

Maryland Court Examines Evidence Needed to Establish a Lack of Informed Consent

Published on: November 20, 2024 | by Arfaa Law Group

Under Maryland law, the doctrine of informed consent requires that healthcare providers disclose information that is material to a patient’s decision-making regarding their medical treatment. This duty extends to communicating risks, alternatives, and other essential information that would allow patients to make informed decisions. Recently, a Maryland court issued an opinion highlighting the significance of informed consent in ensuring that patients understand their treatment options and the associated risks. If you or a loved one suffered harm due to a failure to obtain informed consent, it is wise to confer with a Baltimore medical malpractice attorney about your potential claims.

Background of the Case

It is reported that the plaintiff was hospitalized due to complications in her pregnancy, including a partial placental abruption. The defendant, her treating physician, determined that delaying a Cesarean delivery would increase the chances of the fetus maturing despite the risks associated with continued pregnancy. Over the following weeks, additional complications arose, including another placental abruption and intrauterine growth restriction. Despite these developments, Dr. Spangler did not inform the plaintiff of the option for an earlier Cesarean delivery. Ultimately, the plaintiff experienced a complete placental abruption, and her child was born with severe cerebral palsy.

Allegedly, the plaintiffs brought claims of medical malpractice and failure to obtain informed consent against the defendant. While the jury initially could not reach a verdict on the informed consent claim, a subsequent trial awarded the plaintiffs $13 million in damages for the informed consent violation. However, the trial court later overturned the verdict, ruling that Maryland law required an “affirmative violation” of physical integrity to sustain such a claim. The plaintiffs appealed. Continue Reading ›

Maryland Court Evaluates Expert Testimony in Informed Consent Cases

Published on: November 12, 2024 | by Arfaa Law Group

Maryland courts require expert testimony in medical malpractice cases to help juries understand complex medical information. However, not all expert testimony is admissible, as illustrated in a recent Maryland case in which the court considered whether a pharmacist’s testimony was relevant and appropriate in a claim involving informed consent. If you believe you were harmed by negligent medical care, it is wise to confer with a Baltimore medical malpractice attorney to evaluate your options.

Facts of the Case and Procedural Setting

It is alleged that the plaintiffs filed a wrongful death and survival action against a hematologist-oncologist and his medical group, claiming a failure to obtain informed consent regarding the administration of a drug used alongside radiation therapy. The decedent, who had prostate cancer, later developed Stevens-Johnson Syndrome, a rare and severe skin disorder, and subsequently died from pneumonia.

Reportedly, the plaintiffs retained a pharmacist as an expert to testify about the drug’s risks and alternatives. The pharmacist’s deposition included details on the drug’s side effects, lack of FDA approval for prostate cancer treatment, and potential risks for elderly patients. However, the trial court excluded his testimony, determining that his expertise did not extend to informed consent requirements, which led to a jury verdict in favor of the defendants. The plaintiffs appealed. Continue Reading ›

Maryland Court Affirms Summary Judgment in Medical Malpractice Case

Published on: November 5, 2024 | by Arfaa Law Group

Medical malpractice lawsuits are complex, and plaintiffs pursuing such claims must adhere to strict procedural rules to succeed. Sadly, the failure to comply with court-mandated deadlines or provide adequate evidence can result in the dismissal of claims, as illustrated by a recent Maryland case. If you or a loved one believe you were harmed by medical negligence, it is important to consult a skilled Baltimore medical malpractice attorney to ensure your rights are protected.

Factual and Procedural Background

It is reported that the plaintiffs brought a medical malpractice lawsuit against multiple defendants, alleging breaches in medical care that led to Johnson’s death. During the discovery phase, the plaintiffs failed to comply with court orders to provide necessary responses to the defendants’ discovery requests. As a result, the court sanctioned the plaintiffs by precluding them from presenting evidence to support claims of breach of duty or proximate cause. Subsequently, the defendants moved for summary judgment, arguing that without such evidence, the plaintiffs could not establish their claims.