Baltimore Medical Malpractice Lawyer Blog

Maryland Medical Malpractice and Medical Marijuana

Published on: December 22, 2017 | by Arfaa Law Group

Patients have a right to be treated appropriately by health care providers who are diagnosing them and prescribing medications for them. If you or your loved one has been harmed by a medical professional’s prescription or recommendation regarding a drug, you need to consult a Baltimore medication error attorney as soon as possible.

The Maryland Medical Cannabis Commission records list a total of 520 eligible medical marijuana providers statewide. The first batch of medical marijuana is expected to hit the market before the end of the year. Although it was legalized in 2013, the rollout has been slow due to a variety of reasons. In Maryland, the law limits the use of medical marijuana to patients with certain documented health conditions, such as wasting syndrome, severe pain, glaucoma, and post-traumatic stress disorder. Of course, this is not an exhaustive list.

Some Maryland physicians are worried about the possibility of medical malpractice lawsuits stemming from the use of medical marijuana. In an effort to address this, one doctor has created a legal release form for patients to sign. If patients don’t sign it, he won’t “recommend” the marijuana. The term “recommendation” is used over “prescription” because federal law still prohibits the prescription of marijuana, so many physicians use the term to shield themselves from potential liability.

Patients Want to be Heard After a Medical Injury

Published on: December 15, 2017 | by Arfaa Law Group

Unfortunately, medical malpractice is the third-leading cause of death in the United States, according to a 2016 Johns Hopkins study. If you or someone close to you has been injured by a negligent medical professional, you should reach out to a skilled Baltimore medical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we understand this area of the law and can apply our knowledge to your case.

A new study, entitled Patients’ Experiences with Communication-and-Resolution Programs After Medical Injury, conducted by the Journal of the American Medical Association found that patients who have suffered an injury due to medical malpractice feel better when medical staff, particularly the physician who made the mistake, listen attentively to what they have to say about the experience.

The interview study of 40 patients, family members, and hospital staff revealed that patients have a strong need to be heard after a medical injury that is often unmet. Patients also wanted to know what the hospital or medical facility was doing to make sure the same error does not harm other patients. While 18 of 30 patient and family participants reported positive experiences with communication-and-resolution programs overall and continued to receive care at the hospital, they said hospitals seldom communicated information about efforts to prevent recurrences.

General Surgeons in Maryland and Elsewhere Face Third-Highest Risk for Getting Sued

Published on: December 8, 2017 | by Arfaa Law Group

Unfortunately, surgery errors are common in Maryland and across the United States. If you or someone close to you has been injured by a surgery error, you should reach out to a skilled Baltimore surgical malpractice attorney who understands this area of the law. At Arfaa Law Group, we are dedicated to protecting patient rights at every step of the way.

A survey (login required) conducted by Medscape last year found that 59 percent of more than 4,000 primary-care physicians in the United States were involved in one or more medical malpractice claims during their career. Across specialties, male physicians are more likely to be sued than female physicians. And indeed, more male general surgeons (85 percent) were sued than female general surgeons (74 percent). The study found that general surgeons faced the third-highest risk of getting sued. In fact, the survey revealed that 83 percent of surgeons have been involved in malpractice lawsuits.

When general surgeons were asked about the nature of lawsuits that they faced, they had a variety of answers: 44 percent of lawsuits the general surgeons faced involved an abnormal injury; 21 percent of the lawsuits were for a failure to diagnose; and nine percent were for a failure to treat. The specific claims against surgeons involved post-operative infections, pain, bleeding, embolisms, and injuries to a common bile duct, nerve, vein or artery, or organ, as well as the death of a patient, a foreign object in the body, a delay in treatment, unnecessary surgery, complications from undiagnosed conditions, and complications from patient non-compliance.

Study Finds Medical Malpractice Claims Are Declining, but Payouts are Higher

Published on: December 1, 2017 | by Arfaa Law Group

Unfortunately, medical malpractice injures a number of patients in Maryland and across the country each year. In the most serious cases, medical mistakes can lead to death. While all medical professionals are capable of making mistakes, some specialties, such as OB/GYNs, are more susceptible to lawsuits than others. If you or someone close to you has been harmed by an OB/GYN’s error, you should reach out to a skilled Baltimore obstetrician malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we understand the nuances of this area of the law and can protect your rights at every step of the way.

A recent study published by the Journal of the American Medical Association found that medical malpractice lawsuits are declining in the United States, but the average payment is rising. The objective of the study was to characterize paid malpractice claims by specialty. According to the report, the rate of malpractice claims went down more than 50 percent between 1992 and 2014. However, if you are a neurosurgeon or an OB/GYN, you still face a high risk of being sued, despite the overall decline in malpractice claims. Also notable in the study is the finding that the average malpractice payment has risen by almost 25 percent in inflation-adjusted dollars since the early 1990s. In fact, approximately one in 14 claims pay out over a million dollars. For neurosurgeons and OB/GYNs, these high payouts happen in almost one out of eight claims.

Not every adverse outcome is a result of medical malpractice in Maryland. Instead, a medical malpractice claim is a claim of negligence committed by a medical professional, such as a physician, nurse, dentist, chiropractor, technician, hospital, or hospital staff. Medical malpractice occurs when a patient is injured or killed because a medical professional failed to use the level of care and caution that another medical professional in the same specialty would have used in the same or similar circumstances. A jury will determine if a medical professional’s actions were negligent by considering the testimony of experts, usually other medical professionals in the same specialty, who will testify whether they believe the defendant followed standard medical practices or deviated from the accepted standard of care.

Woman Wins Maryland Malpractice Case Due to OBGYN Negligence

Published on: November 28, 2017 | by Arfaa Law Group

Unfortunately, medical mistakes are common in Maryland and throughout the United States. OBGYN errors can have serious consequences for a patient’s health. If you or your loved one has been injured by an OBGYN’s negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, we can investigate the merits of your case and provide you with an honest assessment of your claim.

A Maryland jury decided in favor of a woman who developed lung cancer after her gynecologist failed to follow up on the results of a hysterectomy properly. Specifically, the gynecologist failed to share with the patient a pathologist’s warnings in 2011 that the uterine tumors she discovered during the hysterectomy were potentially malignant. The pathologist had recommended close clinical follow-up treatment, but the OBGYN took no steps to institute a close clinical follow-up of the surgical pathology results.

In 2014, the patient underwent medical tests that revealed she had metastatic lung cancer that likely originated in the uterus, according to the complaint. The patient currently suffers from stage-4 sarcoma in her lungs.

Medical Malpractice in Ambulatory Surgery Centers in Maryland

Published on: November 21, 2017 | by Arfaa Law Group

Surgery, whether minor or major, is always daunting for a patient and his or her family. If you or someone you love has been injured by a medical professional at an ambulatory surgery center (ASC), you need to speak to a skilled Baltimore surgical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we have the experience to handle your case with the compassion and attention it deserves.

ASCs, also known as outpatient surgery centers or same day surgery centers, are health care facilities where surgical procedures not requiring an overnight hospital stay are performed. For patients, an ASC can be a more convenient and less costly alternative to a hospital. In recent years, ASCs have popped up everywhere. In fact, approximately 25 million surgical procedures are performed at ASCs each year, rather than at acute care hospitals.

Hospitals in Maryland and across the United States have to follow strict regulations. There is a standard process and procedure in place for virtually everything to minimize the risk of harm to patients. ASCs, on the other hand, are independently owned and managed. In some cases, the procedures at ASCs are not thorough enough and can lead to serious issues, such as:

Failure to sterilize equipment properly;
Premature discharge of a patient;
Lack of oversight;
Lack of accreditation;
Poor documentation of safety procedures; or
Failure to obtain informed consent for surgeries.

Psychiatry Malpractice in Maryland

Published on: November 14, 2017 | by Arfaa Law Group

Patients who seek the help of psychiatrists expect to receive competent care. In fact, these medical professionals are trusted with the task of helping their patients deal and cope with a wide range of mental health issues. Unfortunately, some patients not only deal with psychiatrist neglect but also deal with abuse. If you or someone close to you has suffered due to psychiatric malpractice, we can help. At Arfaa Law Group, you can rest assured that our Maryland psychiatric malpractice lawyers understand how to navigate these complex medical malpractice claims.

Psychiatry is the branch of medicine that diagnoses and treats mental disorders. According to the National Alliance on Mental Illness, 1 in 5 adults (18.5 percent of all adults) in the United States experience mental illness in a given year. Additionally, 1 in 25 adults in the U.S. (4 percent of all adults) experience a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. Like any other type of doctor, psychiatrists can be negligent as well. Some common forms of psychiatric malpractice include:

Failure to properly diagnose a patient;

Deceased Patient’s Family Wins Maryland Medical Malpractice Case

Published on: November 7, 2017 | by Arfaa Law Group

Cancer is the dreaded ‘c’ word that no patient wants to hear. If caught early enough, patients can often beat cancer and resume their normal lives. If it is not diagnosed in a timely manner, however, the consequences can be devastating. If you or someone close to you was harmed due to a physician’s failure to diagnose cancer, it is imperative to reach out to a skilled Baltimore misdiagnosis attorney who can assess the merits of your case.

A Baltimore jury recently awarded a hefty damages sum to the family of a man who died of colon cancer after his primary care physician failed to follow up on an unexplained case of anemia, which the family claims could have led to an earlier cancer diagnosis. The 55-year-old patient died from colon cancer 15 months after it was finally diagnosed.

The case at hand would be considered a ‘failure to diagnose’ case. A failure to diagnose is when a doctor misses the connection between a patient’s symptoms and their medical condition. The result is that no diagnosis is made, and the patient takes no course of treatment. A physician’s failure to diagnose can lead to further injuries and even death to a patient. According to a report released by the Institute of Medicine, most Americans will get a late or wrong diagnosis at least once in their lives.

What Constitutes an Allegation of Medical Malpractice in Maryland

Published on: October 26, 2017 | by Arfaa Law Group

If you have been injured in a nursing home facility or rehabilitation center, it is important to reach out to a skilled Baltimore nursing malpractice attorney as soon as possible. Even if at first glance, your case does not seem like a medical malpractice claim – the reality is that it might be. If it is a medical malpractice claim, you need to be prepared to follow a variety of procedural guidelines. At Arfaa Law Group, we understand the nuances of this area of the law and can put our knowledge to use in your case.

The Maryland Court of Appeals granted review in a number of cases earlier this year. One of these cases addresses the issue of what constitutes an allegation of medical malpractice that invokes the Maryland Health Claims Act.

In the case at hand, the plaintiff was admitted to the nursing rehabilitation center to be treated for rehabilitation after back surgery. Two days later, the plaintiff’s mattress came loose from her bed and came sliding off the bed frame, causing the plaintiff to fall onto the floor. The rehabilitation center used a mechanical lift to put the woman back in bed, since the center is a ‘no lift’ facility. Unfortunately, the nurse who was using the mechanical lift used it incorrectly and ended up releasing the net too soon, causing the patient to drop to the floor.

Medical Overtreatment is a Dangerous Reality in the United States

Published on: October 19, 2017 | by Arfaa Law Group

When you visit a medical professional, you expect to receive competent care. While we expect comprehensive care, the reality is that many patients are being overtreated, meaning they are receiving tests and treatments that they do not actually need. If you or someone close to you has suffered an injury due to a medical professional’s overtreatment, you need to reach out to a skilled Baltimore medical negligence attorney as soon as possible. At Arfaa Law Group, we can help you assess the case and determine whether a lawsuit is the right option for you.

A recent study published in PLUS ONE has shed light on just how big the problem of overtreatment is in the United States. According to the report, at least 15 to 30 percent of overall medical care is unnecessary, said most of the 2,100 physicians who responded to a survey conducted by researchers from Johns Hopkins and Harvard Medical Schools. The data also shows that about 22 percent of prescription medication, 25 percent of tests, and 11 percent of procedures that are given are not needed. For example, not every patient with back pain needs an x-ray, but an x-ray is very often ordered.

An overwhelming majority of the physicians who were interviewed for the study cited fear of litigation as the top reason for overtreatment, followed by patient pressure and difficulty assessing prior medical records. While physicians think they are being extra cautious by overtreating, the reality is that overtreatment can be harmful for patients and give rise to medical malpractice claims as well. For example, prescribing a patient with a cough or cold antibiotics when they do not actually need them might be administering too strong a medication for the problem at hand, and it could ultimately harm the patient, due to other side effects associated with those antibiotics.