Baltimore Medical Malpractice Lawyer Blog

Medical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.

In Rosebrock v. Eastern Shore Emergency Physicians, LLC, the Maryland Court of Special Appeals dealt with the admissibility of habit evidence under Maryland Rule 5-406. Specifically, it considered whether habit evidence of an ER physician could be entered into evidence.

The facts of the case are as follows. A patient was taken to the emergency room on a backboard due to knee, hip, and lower back pain after a fall. The ER physician ordered an x-ray of the patient’s knees and hips. The x-ray came back negative, at which point the physician discharged her, stating she had minor knee and hip contusions. There is no record that the physician examined the patient’s back, despite the fact that she conveyed her back was hurting to the triage nurse.

The patient went home but continued to suffer back pain. She visited other physicians, and later tests showed that she did indeed have a fractured vertebrae and needed spinal fusion surgery. Tragically, the surgery resulted in an infection that caused a brain injury to the patient. She ended up in a persistent vegetative state and remained in that state until her death seven years later.

Baltimore Medical Malpractice Lawyer Blog

Damages in Maryland Medical Malpractice Claims

Maryland Court Permits Habit Testimony in Medical Malpractice Case