The Wicomico Case
It is reported that a recent medical malpractice lawsuit in Wicomico County, Maryland resulted in a record $3.38 million verdict, marking the largest of its kind in the county’s history. The case alleged that the defendant radiologist failed to appropriately evaluate, treat, and report the plaintiff’s medical condition, leading to a devastating progression from stage I to stage IV cancer. The jury, comprised of six individuals, unanimously ruled in favor of the plaintiff after careful consideration of the evidence presented.
According to the complaint, the plaintiff initially noticed a small lump in front of her right ear in March 2021. After consulting medical professionals and undergoing a contrast-enhanced soft tissue neck CT at Peninsula, the radiologist classified the scan’s results as a “normal variant” and did not recommend further testing or treatment. However, by July 2021, the plaintiff noticed that the mass had grown larger, prompting her to seek further medical attention. Subsequent testing revealed the progression of her cancer, necessitating surgery in January 2022.
Allegedly, the lawsuit alleged negligence on the part of the defendant, as well as a loss of consortium. Despite Maryland’s cap on noneconomic damages, the jury awarded the plaintiff a substantial verdict, recognizing the severity of their suffering and the impact of the medical malpractice on their lives.
Demonstrating Liability for the Failure to Diagnose Cancer
In Maryland, demonstrating liability for the failure to diagnose cancer typically involves establishing several key elements under state law. First, it must be shown that the defendant, usually a healthcare provider, owed a duty of care to the plaintiff, meaning they were obligated to provide competent medical treatment.
Second, it must be demonstrated that the defendant breached this duty by failing to adhere to the applicable standard of care. This breach could involve errors in conducting medical tests, misinterpreting test results, neglecting symptoms, or failing to follow up on concerning findings. Third, it must be established that the breach of duty directly caused harm to the plaintiff. In cases of failure to diagnose cancer, this often entails proving that the delayed diagnosis or misdiagnosis led to the cancer progressing to a more advanced stage than it would have with timely and appropriate treatment. Finally, the plaintiff must have suffered damages as a result of the breach of duty and subsequent harm caused by the delayed or missed cancer diagnosis.
Confer with a Skilled Maryland Attorney
Doctors have an obligation to provide patients with competent care, which includes addressing concerning symptoms and delivering correct and timely diagnoses. If you suffered harm due to a physician’s carelessness, it is wise to confer with an attorney regarding your rights. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group can assess the facts of your case and aid you in seeking the best legal outcome available under the law To arrange a meeting, you can reach us through our online form or by calling (410) 889-1850.
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The Case Against the Baltimore Nursing Home
Reportedly, a Baltimore City jury awarded damages in the amount of $1.5 million to a deceased Baltimore nursing home resident’s estate in a negligence and medical malpractice lawsuit. The jury found in favor of the plaintiff, represented by the personal representative for the estate, against the nursing home, alleging negligence in the care and treatment of the deceased individual, which led to his death.
Allegedly, the complaint stated that the resident died from a bone infection caused by pressure wounds that developed due to the nursing home staff’s failure to turn and reposition him, resulting in a stage 4 pressure ulcer. The complaint also highlighted staffing concerns and allegations of negligence, including the failure to treat the resident’s wounds and implement safety precautions. The nursing home denied the allegations, attributing the resident’s health conditions to the pressure ulcer and subsequent death, but the jury ultimately rejected their arguments, finding in favor of the plaintiff.
Elements of a Nursing Home Malpractice Case
To establish a nursing home malpractice case in Maryland, certain essential elements must be demonstrated. These include establishing that the nursing home owed a duty of care to the resident, which is typically established upon the acceptance of responsibility for the resident’s care. It must be shown that the nursing home breached this duty by failing to provide an adequate standard of care, which could involve acts of negligence such as inadequate staffing or neglecting the resident’s needs.
Moreover, there needs to be a clear link between the nursing home’s breach of duty and the harm suffered by the resident. This harm may encompass physical injuries, emotional distress, medical expenses, and other losses. Additionally, it is essential to illustrate that the nursing home failed to meet the standard of care expected in the industry, comparing its actions to what a reasonable and prudent nursing home would have done. Finally, it must be established that the harm suffered by the resident was reasonably foreseeable based on the nursing home’s actions or omissions. This element emphasizes the nursing home’s awareness or should have been aware of the risks associated with its conduct.
Meet with a Capable Maryland Attorney
Nursing homes, like all Maryland healthcare providers, have a duty to abide by the applicable standard of care, and if they neglect to do so, thereby causing their residents harm, they should be deemed responsible for any losses incurred. If you or someone you love suffered injuries due to the negligence of a nursing home, it is smart to meet with an attorney as soon as possible. The capable Baltimore medical malpractice lawyers at Arfaa Law Group possess the skills and resources needed to help you seek a just outcome, and if you hire us, we will work tirelessly on your behalf. To arrange a conference, you can reach us through our online form or by calling (410) 889-1850.
]]>Factual and Procedural Background
It is reported that the plaintiff initiated a medical malpractice lawsuit against several parties, including the defendant doctor and the defendant hospital, after undergoing plastic surgery at the defendant hospital in June 2021. The plaintiff alleged negligence claims against the defendant doctor and the hospital’s employees, arguing their carelessness caused her to develop bilateral compartment syndrome and incur extensive medical expenses.
Allegedly, during discovery, the hospital produced a document, signed by the defendant doctor, indicating his supervisory role over physician assistants caring for his patients. The plaintiff sought to amend the complaint to assert that the defendant doctor was an ostensible agent of the hospital despite the deadline for amendments having passed. The defendant hospital opposed the motion, arguing the amendment was untimely and allowing it would be prejudicial.
Amending Medical Malpractice Complaints
Ultimately, the court granted the plaintiff’s motion, emphasizing its discretion to grant leave to amend when justice warrants and concluding that the proposed amendment was not futile or prejudicial. In doing so, the court evaluated the motion under Federal Rules of Civil Procedure 16(b)(4) and 15(a)(2).
It found that there was good cause for the delayed amendment, as required by Rule 16(b) because the plaintiff promptly filed the motion upon discovering the basis for the amendment in the hospital’s late-produced document. Despite the motion being filed six months after the deadline, the court attributed the delay to the hospital’s late disclosure. Therefore, the plaintiff’s diligence met the good cause standard.
Furthermore, the court determined that the amendment satisfied Rule 15(a)’s liberal standard, as it would not unduly prejudice the hospital or change the nature of the litigation. Despite the hospital’s contention that the amendment would necessitate reopening depositions and incur additional time and resources, the court found these concerns insufficient to justify denial. Additionally, the hospital’s argument of futility, based on contested facts and potential jury rulings, did not hold, as an amendment is not deemed futile solely based on the defendant’s belief of potential unfavorable jury outcomes. Thus, the court granted the plaintiff’s motion.
Talk to a Skilled Maryland Attorney
While most plastic surgery procedures are elective, the doctors performing them are nonetheless bound by standards of care, and if they fail to uphold them and subsequently injure their patients, they should be held accountable. If you suffered harm due to the negligence of a doctor, you should talk to an attorney as soon as possible. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group can advise you of your rights and help you to seek any damages you may be owed. To arrange a consultation, you can reach us through our online form or by calling (410) 889-1850.
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History of the Case
It is reported that the plaintiff, who experienced medical issues at the onset of the COVID-19 pandemic in 2020, visited the emergency department at the defendant medical center twice in April. During the first visit, she exhibited symptoms consistent with COVID-19 and reported potential exposure to the virus. Despite this, she was not tested for COVID-19 due to the testing criteria in place at the time. On her subsequent visit three days later, she again displayed symptoms suggestive of COVID-19 but was discharged without being tested.
It is alleged that following further medical complications, the plaintiff instituted a medical malpractice lawsuit against the defendant medical center alleging negligence. The defendant medical center sought summary judgment arguing they had statutory immunity under Maryland law, as they acted in good faith under a catastrophic health emergency proclamation. The circuit court granted the defendant medical center’s motion, prompting the plaintiff ‘s appeal.
Medical Malpractice Claims Arising Out of the Diagnosis and Treatment of COVID-19
On appeal, the court conducted a comprehensive analysis of the relevant statute, PS § 14-3A-06, which provides immunity to healthcare providers acting in good faith under a catastrophic health emergency proclamation. The court considered the language of the statute, its legislative history, and principles of statutory construction to interpret its scope.
The plaintiff argued for a narrow interpretation, suggesting immunity only applied when healthcare providers followed specific orders issued during the emergency. Conversely, the defendant medical center advocated for a broader interpretation, asserting immunity from the moment of the emergency declaration until its end.
Ultimately, the court found that the healthcare providers at the defendant medical center were entitled to immunity as they provided care related to COVID-19 during the plaintiff ‘s visits, despite not specifically testing her for the virus.
The court emphasized the relevance of the healthcare providers’ actions in assessing and treating symptoms indicative of COVID-19 during the declared emergency. While acknowledging potential questions about the precise scope of immunity, especially amidst a rapidly evolving pandemic, the court affirmed the circuit court’s decision, holding that the defendant medical center was immune from liability for the care provided during the plaintiff visits to the emergency department.
Confer with an Experienced Maryland Attorney
If you were injured due to a doctor’s negligence, you have the right to seek compensation, and you should confer with an attorney. The experienced Baltimore medical malpractice lawyers at Arfaa Law Group can assess your case and help you seek any damages recoverable. To arrange a conference, you can reach us through our online form or by calling (410) 889-1850.
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Procedural and Factual History of the Case
It is alleged that the plaintiff, who was self-represented and confined to a Maryland correctional facility, filed a lawsuit against the defendants, a warden and a psychologist who worked at the facility. The plaintiff set forth numerous claims, including inadequate medical care, and sought both damages and injunctive relief. Both defendants filed separate Motions to Dismiss or, in the Alternative, for Summary Judgment, arguing, among other things, immunity, failure to exhaust administrative remedies, and lack of personal involvement in the causing the plaintiff’s harm.
Demonstrating Harm Caused by Inadequate Medical Care
After reviewing the motions, the court found no need for a hearing. Instead, it granted the defendants’ motions, treating them as motions for summary judgment. The court began by addressing the Eleventh Amendment, determining that claims against the defendants in their official capacities were barred by sovereign immunity.
It then turned to the exhaustion of administrative remedies, emphasizing that the plaintiff failed to file any Administrative Remedy Procedure (ARP) complaint during his incarceration or specifically during the relevant period at the facility in question.
The court considered each defendant separately. With regard to the defendant warden, the court highlighted that the plaintiff provided insufficient evidence of the defendant warden’s personal involvement in the alleged violations of the plaintiff’s constitutional rights or any knowledge of the conditions at the facility. Consequently, the court granted summary judgment in favor of the warden.
Regarding the defendant psychologist, the court scrutinized the plaintiff’s allegations of inadequate medical care. Despite the plaintiff’s claims, the court found that the defendant psychologist had promptly addressed his psychiatric needs, providing appointments within two days of sick call requests. Thus, the court concluded that the plaintiff failed to demonstrate deliberate indifference or any resulting harm, leading to the grant of summary judgment in favor of the defendant psychologist.
In conclusion, due to the plaintiff’s failure to establish claims and address the defendants’ arguments, the court granted the defendants’ motions without delving into the remaining issues raised in the motions. The court also granted the warden’s motion to seal the medical records submitted with the motion.
Meet with a Trusted Maryland Attorney
Healthcare providers bear the responsibility of delivering competent care to their patients, regardless of the setting, and when they fail to uphold this duty, they should be deemed responsible for any losses they cause. If you were hurt by the negligence of a healthcare professional, it is advisable to consult with a lawyer promptly. The trusted Baltimore medical malpractice lawyers at Arfaa Law Group are well-versed in what it takes to prevail in claims against negligent health care providers, and if you engage our services, we will work tirelessly to help you seek the justice you deserve. To arrange a meeting, you can contact us through our online form or by calling (410) 889-1850.
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Increase in Medical Errors in Maryland Health Care Settings
It is reported that a recent report issued by the Maryland Department of Health’s Office of Health Care Quality demonstrated a significant increase in medical errors causing death or serious injury in Maryland hospitals during fiscal year 2022. According to the report, there were over 800 adverse events. Most of these events were classified as “Level 1,” which indicates they caused the most severe outcomes.
Allegedly, the data also revealed a more than doubling of medical errors since fiscal year 2020, raising concerns about patient safety. The spike in errors is attributed in part to the strain on the healthcare system caused by the COVID-19 pandemic. The Maryland Hospital Association also attributed some of the increase to reporting requirements and emphasized transparency. However, patient rights advocates point to possible understaffing issues as a contributing factor.
Pursuing Claims for Harm Caused by Medical Errors
Errors that occur in the treatment setting often cause grave harm. While money alone cannot repair the damages caused by medical negligence, damages recovered in a medical malpractice lawsuit can help offset the financial losses that victims of medical malpractice often experience.
Under Maryland law, a party seeking to pursue a medical malpractice claim must demonstrate certain elements to prove fault. First, they must establish the existence of a doctor-patient relationship and that a duty of care that the healthcare provider owed to the patient arose out of that relationship.
Subsequently, the plaintiff must prove that the health care professional deviated from the accepted standard of care by showing that the provided medical treatment fell below the standard practices within the medical community.
Crucially, this deviation must be directly linked to the patient’s injuries or harm suffered. Additionally, the plaintiff is required to demonstrate the causation between the healthcare provider’s negligence and the resulting damages, emphasizing a clear connection between the medical error and the adverse outcomes experienced by the patient. Finally, the claimant must present evidence of the specific damages incurred, such as medical expenses, lost wages, or pain and suffering, to support the claim for compensation.
Confer with a Skilled Maryland Attorney
Medical professionals have a duty to provide their patients with competent care, and if they breach that duty and injure their patients, they should be held accountable. If you sustained injuries due to the negligence of a doctor or nurse, you should confer with an attorney as soon as possible. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group can assess your harm and advise you regarding your potential claims. To arrange a meeting, you can contact us through our online form or by calling (410) 889-1850.
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It is alleged that the plaintiff filed a pro se complaint against the defendant government agency, the United States, and the State of Maryland, alleging medical malpractice and other claims. The plaintiff, who was currently unhoused, sought leave to use a P.O. box instead of a residence address. She also moved to seal her court records, aiming to protect her P.O. Box address and private information on a USB drive sent to the Clerk of Court. Finally, she alleged she could not afford to pay the applicable legal filing fees and filed a motion to proceed in forma pauperis. The court approved the sealing of the USB drive and the address but ultimately dismissed the case without prejudice.
Specificity of Medical Malpractice Complaints
While the court granted the plaintiff’s various motions, it determined that the complaint, which spanned 96 pages, could not survive. In doing so, the court emphasizes the necessity for pro se litigants to adhere to the Rules of Civil Procedure. Specifically, the court highlighted that Rule 8(a) requires a clear and concise statement of jurisdictional grounds and the claim.
Here, the court found that it was clear that the plaintiff was bringing claims against the Social Security Administration, the United States, and the State of Maryland, alleging medical malpractice and denial of federal and state benefits. The court found, however, that the complaint lacked specificity and failed to establish a cognizable medical malpractice claim.
The court elaborated that the extensive and unclear nature of the plaintiff’s claims hampered their comprehensibility. Further, the court found the plaintiff’s demands for an injunction and unspecified damages to be overbroad. Consequently, despite granting the plaintiff’s application to proceed in forma pauperis, the court dismissed the case without prejudice for failure to satisfy Rule 8.
Talk to a Capable Maryland Attorney
People hurt by negligent health care providers have the right to pursue damages to compensate them for their losses, but medical malpractice cases are complicated and difficult to handle without the assistance of an attorney. If you were hurt by a careless physician, the capable Baltimore medical malpractice lawyers at Arfaa Law Group can inform you of your rights and aid you in pursuing the best legal outcome possible in your case. To arrange a consultation, you can contact us through our online form or by calling (410) 889-1850.
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Factual and Procedural History of the Case
It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant. The plaintiff claimed that during a blood-drawing procedure conducted by a medical student, he explicitly instructed the student not to search for a vein if they could not easily find one to draw blood.
Allegedly, the student ignored this instruction and placed the needle deep into the plaintiff’s right armpit. Because of this, the plaintiff suffered increased soreness and sharp pain. Before initiating his lawsuit, the plaintiff neglected to submit his claim to the Health Claims Arbitration Office (HCAO) before initiating the lawsuit in the circuit court. Consequently, the defendant moved to dismiss the complaint, asserting that it was filed prematurely. The trial court granted the defendant’s motion, dismissing the plaintiff’s claims. The plaintiff then filed an appeal.
Prerequisites to Pursuing Medical Malpractice Claims
On appeal, the court evaluated whether it complied with the applicable law. In doing so, it considered all well-pled facts in the complaint and drew any reasonable inferences from those facts. The court also accepted the inferences in the light that is most favorable to the non-moving party. After reviewing the facts of the case, the court ultimately affirmed the trial court ruling.
In doing so, the court explained that under the Health Claims Act, a plaintiff claiming that they suffered medical harm that was caused by a health care provider and seeking damages exceeding the statutorily defined limit must first file the claim with the HCAO.
The plaintiff, on appeal, specifically questioned whether his claim asserted that he suffered medical harm. The Act defines this as such harm resulting from the rendering or failure to render health care. The plaintiff argued that his harm arose out of the student’s offering health care in a way that did not comply with his instructions, making it a medical harm.
However, the court held that even if the student failed to comply with the plaintiff’s instructions, the student’s conduct was still medically valid. Because the plaintiff did not argue that the harm arose out of conduct that was not medically valid, the court affirmed the dismissal, stating that he was required to file with the HCAO before suing in the circuit court. Thus, the court affirmed the trial court ruling.
Meet with a Dedicated Maryland Attorney
If you were harmed by the carelessness of a health care provider, you may be owed damages, and it is in your best interest to meet with an attorney. The dedicated Baltimore medical malpractice lawyers at Arfaa Law Group possess the skills and resources needed to demonstrate negligent doctors and nurses should be held accountable for the harm they cause, and if you hire us, we will advocate zealously on your behalf. To arrange a meeting, you can contact us through our online form or by calling (410) 889-1850.
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Factual and Procedural Setting of the Case
It is reported that the decedent visited a hospital emergency room in May 2000, complaining of weakness and fatigue. The attending physician diagnosed her with mild anemia and prescribed iron supplements. Two days later, the decedent visited her primary care physician, who diagnosed her with mild congestive heart failure.
Allegedly, six days after her initial visit, the decedent was admitted to the hospital with acute abdominal pain and died later that evening. In 2002, the decedent’s daughters filed a claim against the attending physician, the primary care physician, and the hospital, alleging medical malpractice. The certifying physician identified deviations from the standard of care by the defendants. In a subsequent deposition, however, she deferred the opinion of whether the attending physician or the hospital departed from the standard. As such, the attending physician and the hospital moved for the dismissal of the claims against them on the grounds that the certificate of qualified expert was invalid. The trial court granted the motion, and the plaintiff appealed. On appeal, the intermediate court reversed the trial court ruling. The defendants then appealed.
Certificates of Qualified Experts in Maryland Medical Malpractice Cases
On appeal, the court affirmed the intermediate court ruling. In doing so, it held that the certificate was valid and that there existed a dispute of material fact regarding the apparent authority of physicians and the hospital’s vicarious liability. In doing so, the court rejected the argument that the qualified expert’s subsequent deposition invalidated the certificate. The court emphasized that subsequent events cannot invalidate a facially valid certificate and that the statutory time limit indicates a preliminary nature for the certificate.
The court also disagreed with the hospital’s argument that it did not have apparent authority over the attending physician, citing the decedent’s consent form and the attending physician’s role at the hospital. Thus, the court allowed the case to proceed.
Speak to an Experienced Maryland Attorney
If you suffered the loss of a loved one due to the incompetence of a health care provider, you have the right to seek compensation, and you should speak to an attorney. The experienced Baltimore medical malpractice lawyers at Arfaa Law Group are adept at demonstrating that negligent doctors and nurses should be held accountable for the harm they cause, and if you hire us, we will tirelessly pursue any compensation available. To arrange a meeting, you can contact us through our online form or by calling (410) 889-1850.
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The Factual and Procedural History of the Case
It is alleged that the plaintiff, who was housed in a federal facility, experienced chest pains and was sent to the medical unit. Despite a history of heart problems, the defendant, a nurse, allegedly refused to provide an EKG or any treatment, violating established protocol. The plaintiff submitted an administrative remedy request, leading to an investigation confirming the nurse’s failure to follow protocol. The defendant presented the plaintiff’s medical records, showing a history of chest pain evaluations, consultations with specialists, and a recent visit where his vital signs were normal.
It is reported that the plaintiff filed a lawsuit alleging that the defendant’s neglectful actions violated his constitutional rights and amounted to medical malpractice. The defendant moved to dismiss the plaintiff’s complaint via summary judgment, arguing the plaintiff failed to offer sufficient evidence in support of his claims.
Medical Malpractice Claims Pursued in Federal Court
After reviewing the evidence presented, the court granted the defendant’s motion for summary judgment, dismissing the plaintiff’s claims. Regarding the plaintiff’s argument that the defendant was neglectful, which he deemed a violation of his constitutional rights, the court noted the necessity for the plaintiff to establish both objective and subjective elements.
Objectively, there must be a serious medical need, and subjectively, the defendant must have been aware of the need but failed to provide or ensure treatment. The court found that the plaintiff did not appear to have a serious medical need during the incident as all vital signs were normal, and the defendant conducted a thorough evaluation. Additionally, the court highlighted that disagreement with medical judgment or a failure to follow internal policies does not necessarily constitute medical malpractice.
As the plaintiff failed to demonstrate medical malpractice and did not show resulting harm, the court granted summary judgment in favor of the defendant, dismissing the plaintiff’s state law claims without prejudice.
Confer with a Seasoned Maryland Attorney
Health care providers are expected to provide patients with adequate care, regardless of the treatment setting, and if they do not, they may be held accountable. If you suffered losses due to negligent care, you should confer with an attorney regarding your potential claims. The seasoned Baltimore medical malpractice lawyers at Arfaa Law Group can offer you advice and help you seek the best outcome available under the facts of your case. To arrange a consultation, you can contact us through our online form or by calling (410) 889-1850.
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