Maryland Medical Malpractice Attorney Blog

Dr. Midei's Won't Be Getting His Medical License Back

Tue, 08 May 2012 11:18:02 -0500

A Baltimore County judge Susan Souder has denied disgraced former St. Joseph Medical Center chief cardiologist Mark Midei's quest to get his Maryland medical license back.

The State Board of Physicians revoked Midei's license in July after the St. Joseph's hospital scandal, concluding he had engaged in unprofessional conduct, willfully made a false medical report, grossly overutilized health care services, violated the standard of care and failed to keep adequate medical records.

The Maryland Daily Record has the latest.

Malpractice Case Lost: Experts Causation Opinions Struck

Mon, 07 May 2012 14:27:06 -0500

The Connecticut Appellate Court ruled that a trial court was within its discretion in precluding two expert witnesses from providing testimony in a wrongful death medical malpractice lawsuit involving a tragic stillbirth. This case provides a teachable moment - to beat that phrase into the ground - for Maryland medical malpractice lawyers.

The child's parents brought a medical malpractice action against the doctor alleging the doctor, who specialized in obstetrics and gynecology, did not properly treat the mother's gestational diabetes.

The take home lesson for medical malpractice lawyers: don't assume your experts can speak to causation just because they are doctors who are can opine on the standard of care.

Locality Rule in Malpractice Cases is Dying

Tue, 24 Apr 2012 13:05:14 -0500

A plaintiff's medical malpractice lawsuit against doctors she believes caused her to go blind was revived last week by the Tennessee Court of Appeals. The court remanded her malpractice action that had ended in a defense verdict. This is one of those rare cases when a motion for reconsideration actually worked because the court had previously affirmed the trial court.

At issue in the case is the malpractice locality rule. For historical reasons that escape modern logic, some states require the standard of care for doctors to be local instead of national. Most states, including Maryland, have moved away from the locality rule because it is insulting to patients to suggest that doctors in their area do not have to be as competent as other doctors around the country. The Tennessee Medical Malpractice Act stays firmly rooted in 1845 and imposes a geographic-based limitation on doctors offering opinion testimony in a medical malpractice lawsuit. To be qualified to testify, the doctors must have practiced within the preceding year of the action in a contiguous state to Tennessee.

This rule makes it really tough to find experts. Doctors are human. They do not want to testify against friends and colleagues. I really can't fault them for that. But a law that limits who plaintiffs can use as an expert is going to make putting together a malpractice case very difficult.

In this case, plaintiff claimed that a number of doctors committed medical malpractice during childbirth by failing to properly monitor her blood pressure before, during and after her C-section. This failure, plaintiff's medical experts contented, caused her permanent blindness in both eyes. Just an awful injury.

Plaintiff had two expert witnesses - an OB-GYN and an anesthesiologist - set to testify at trial. The court did not allow plaintiff's expert OB-GYN - the witnesses who would testify that the doctors deviated from the recognized standard of acceptable professional care in the treatment, because he was a St. Louis doctor.

Defense Lawyer Tactics in Malpractice Cases

Wed, 11 Apr 2012 13:09:21 -0500

The Maryland Injury Lawyer Blog has a post on a disconcerting defense strategy one hospital has used to try to get two depositions from the plaintiffs' expert.

Baby Found Alive After 12 Hours in Morgue

Wed, 11 Apr 2012 12:38:29 -0500

Amazing story here from Argentina.

After prematurely giving birth, the parents of a newborn baby, deemed stillborn, found the baby still breathing in the morgue after twelve hours. Shocked, I'm sure, to say the least.

The infant was taken directly to the morgue, after apparently being declared dead. When the parents went to the morgue to say good-bye, they opened the casket (already nailed shut), and uncovered the baby's face. The baby let out a cry. Can you imagine?

The five medical professionals involved have been suspended pending an official investigation. That seems like a good start. Do they have medical malpractice lawsuits in Argentina?

Value of Maryland Wrongful Death Medical Malpractice Lawsuits

Mon, 09 Apr 2012 11:38:31 -0500

What is the value of a wrongful death in a medical malpractice case? Ultimately, the value is what the jury says the value of the life was. Of course, the jury's value is different from the value that the plaintiffs are actually allowed to receive. The pain and suffering cap in medical malpractice cases in Maryland for a wrongful death that occurs today is $868,750.00.

Is that fair? Do we have any other way to estimate the value of a human life? The federal government values human life in the context of how much we should spend to keep a person alive. Even within the federal government, the numbers vary:

EPA: $9.1 million
FDA: $7.9 million
DOT: $6.0 million

Does it make sense that the federal government cannot agree with itself over the value of a human life? I think it does with these ranges. No one knows the exact answer. But it is impossible to argue that a human life is worth less than $1 million as Maryland's cap on damages does in medical malpractice cases for people whose loss does not cause economic hardship (economic damages) for the survivors.

Value of Wrongful Death Medical Malpractice Cases in Maryland (the statistics)
Average Wrongful Death Verdicts (for women)
How Much Can I Expect to Recovery for My Claim? (discussion of how claims are valued and the different vehicles you can you to get an idea of the value of your claim)
Personal Injury Verdicts Across the Country (personal injury verdicts in your state)
Value of Wrongful Death Motor Vehicle Accident Cases in Maryland (average settlements and verdicts in wrongful death car accident cases in Baltimore-Washington metropolitan area)

Certificate of Merit Requirements Should Be Gentle

Mon, 26 Mar 2012 12:48:05 -0500

Unlike a lot of medical malpractice lawyers, I don't have a huge problem with requiring a certificate of merit when filing a malpractice lawsuit.

Why? They are probably a necessary evil in avoiding frivolous medical malpractice lawsuits. I don't think these are a big and costly problem, but the medical community seems to think so. Let's not fight them on everything.

But I do think it is wise to realize that if we require certificates of merit, we are best served by narrowly construing them to meet the statutory purpose of having a gatekeeper in malpractice suits. This means, to me, that if a challenge to the certificate of merit can be fairly called "technical", let's give the plaintiffs fair remedy to cure the problem.

Connecticut seems to appreciate this. Legislation is on the way that would loosen the reins on who could write the opinions from "similar" health care providers to "qualified" health care providers. This new law would also give medical malpractice plaintiffs 60 days to fix problems with the opinions after being ordered to by a judge.

You can read more on this new law later.

St. Joseph's Sold to Maryland Medical Systems

Fri, 23 Mar 2012 14:42:40 -0500

St. Joseph Medical Center, still reeling from the stent debacle, will enter into exclusive negotiations with the University of Maryland Medical System to sell the hospital to UMMS. The Baltimore Sun says that after a year-long selection process it came down to three finalists that also included LifeBridge Health, which owns Sinai and Northwest Hospital, and Ascension Health, which owns St. Agnes Hospital in Baltimore. The hospital said Catholic Health, as well as federal, state and church authorities, will have to approve the next owner.

I don't understand this process. You are negotiating for the rights to exclusively negotiate? Could this be one reason why health care costs are so high?

This Towson hospital was really on the rise until hundreds of patients found out that St. Joe's head cardiologist was performing unnecessary stent surgeries. The hospital St. Joseph's relied on to determine which stents were unnecessary? UMMS.

Assuming the deal is consummated, UMMS will be buying a still good hospital, but one facing a great deal of potential liability in these lawsuits.

Has Your Doctor Committed Malpractice?

Wed, 14 Mar 2012 04:49:09 -0500

This is the information era. People are making more intelligent decisions based on real information, more in 2012 than any other time in human history. Reflecting this was a bill in the Minnesota legislature, introduced last month, that would have required the state Board of Medical Practice to post more information on its website regarding the discipline and malpractice records of doctors who practice in Minnesota.

Of course, there was push from back Minnesota Medical Association which has led to a watered down, toothless version of this bill.

An unbelievable number of the doctors we sue have been sued many times before. Keeping this information under wraps hurts patients. This we know. But, do you know who else gets hurt by this? Good doctors.

Class Action Nursing Home Lawsuit

Thu, 08 Mar 2012 09:39:39 -0500

Federal Judge Ellen Huvelle denied a motion to dismiss a class action suit that was brought on behalf of nearly 3,000 nursing home residents in Washington, D.C.

Plaintiffs' class action nursing home lawsuit is not a classic personal injury claim. Instead, the suit alleges that approximately 3,000 city residents with disabilities are institutionalized in nursing homes when they don't have to be, because they have the ability to live independently if provided information about and access to home- and community-based services. The lawsuit is not asking for the stars and the moon. The suit simply seeks to order the city to provide these services and inform residents of their rights and choices.

Medical Malpractice Facts

Tue, 06 Mar 2012 10:25:24 -0500

A few facts from Ezra Klein's Washington Post article today:

Congressional Budget Office (CBO) took a careful look at the evidence on defensive medicine and concluded that aggressive reforms to the medical malpractice system “would reduce total national health care spending by about 0.5 percent.” (No one argues - at least not that I have ever heard - that the CBO is not an honest broker.)
I specify “direct costs” because there’s a separate question related to “defensive medicine” — tests and treatments doctors prescribe to protect themselves from lawsuits. The problem is it’s very difficult to figure out what is and isn’t defensive medicine. In a world where patients and their families want every treatment that might help and where doctors and hospitals are paid more for every additional treatment they try, there are plenty of incentives pushing doctors to do more. Fear of lawsuits is simply one of many. (I've made this point a 1,000 times but this is nice way to great way to say it.
Many medical malpractice lawsuits aren’t frivolous, and, if the U.S. has more malpractice lawsuits, it might be because we have more medical malpractice. The United States actually has a higher rate of medical errors than other countries. Take the clear error of a surgeon leaving a “foreign body” - usually a sponge which leads to infection - inside a patient. According to the Organization for Economic Cooperation and Development, such errors are more frequent in the United States than in any other developed country, except Switzerland and New Zealand.

Jury Awards $1.45 Million in Damages Against Hospital

Tue, 06 Mar 2012 09:19:37 -0500

After a twelve year lawsuit (which includes a mistrial and appeals), the verdict is in. The estate of a thirty-nine year old man has been awarded $1.45 million in punitive damages.

The man, a paraplegic due to a shooting as a teenager, presented to a hospital in 1999, complaining of abdominal pain, protracted constipation, and vomiting. He was given pain medication and an enema, and discharged. He returned the next day with severe abdominal pain after having vomited blood all night. Despite lab work which indicated that he was critically ill, the hospital discharged him. The man died several hours later, of peritonitis and a ruptured peptic ulcer.

The hospital, two physicians, a physician's assistant, and three nurses were sued, accused of failing to pay proper attention to the man's symptoms and the blood test results which indicated the severity of his illness. The hospital was further accused of "patient dumping," the illegal practice of turning away an uninsured or under-insured person in need of emergency care. The lawsuit claimed that the man, who had a criminal record, was told that the police would be called if he returned to the hospital.

The hospital, who has denied this claim all along, intends to appeal....and the twelve year lawsuit continues. Last month, I wrote on the Maryland Injury Lawyer Blog about a medical malpractice case that resolved after 17 years after the injury. It is easy to echo the trite narrative about the injustice of how much time it takes to bring about justice in some cases. Typically, it is really not anyone's fault. Sure, the system could move faster but there is hardly inertia to double the size of appellate courts to move the ball along faster. But I do think that personal injury lawyers representing innocent victims have to keep in mind that when it comes to pushing the case forward, we have to be a part of the solution instead of a part of the problem.

Multiple Amputee Wins $17.9 Million Settlement

Tue, 06 Mar 2012 08:37:31 -0500

A three year legal battle has ended in a $17.9 million settlement, though the money is nothing in comparison to the woman's loss.

The facts here are absolutely tragic. In 2008, a now 35 year old mother of two presented to a New York emergency room. She was diagnosed with a kidney stone, and sent home with some painkillers. The next day, still in agonizing pain, she called 911 not once, but twice. The local medics did not take her back to the hospital.

On the following day, now two days out, her fiancé rushed her to the hospital. By this time, she had developed a sepsis infection that had spread through her body. She lapsed into a coma, and gangrene spread to her extremities. She awoke to having had both hands and feet amputated, and the loss of her sight in one eye.

The hospital, who still maintains that they provided excellent care, chose to settle "because a sympathetic jury would have been swayed by her profound injuries." Wow, really? You think? A thirty-five year old mother will spend the rest of her life needing the aid of high-tech prosthetics to perform the simplest of tasks, like brushing her hair, not to mention the loss of sight in one eye, but the hospital is concerned that a jury might be swayed. Unreal. I applaud their concern.

The hospital and two doctors are responsible for $9.4 million of the settlement, with the city responsible for the remaining $8.5 million.

Negligent Credentialing

Mon, 05 Mar 2012 09:05:32 -0500

One obvious malpractice claim in some hospital cases is negligent credentialing. These claims typically allege the hospital should have suspended or revoked the doctor's privileges or should have monitored and supervised the doctor more closely. This is also known by its legal term, "Why did you let this idiot in your hospital, anyway?"

Maryland law arguably gives hospitals some leverage to fight these claims with its medical review committee privilege. Maryland's statute, enacted in 1976, provides that "proceedings, records, and files of a medical review committee are not discoverable and are not admissible into evidence in any civil action arising out of matters that are being reviewed and evaluated by the medical review committee" in any civil action.

Malpractice Premiums and Doctor's Salaries

Thu, 16 Feb 2012 12:12:25 -0500

A large group of Warren (Ohio) area physicians donned their white lab coats Wednesday while lashing out at excessive malpractice insurance premiums that they say are caused by a larger-than-normal number of malpractice claims.

Without being specific in terms [naturally] of the actual number of malpractice suits in court, Dr. Morris Pulliam said the situation is causing doctors to close down practices and take early retirement.

''Health care in Trumbull County is on life support,'' said Pulliam, president of the medical staff at Valley Care Trumbull Memorial Hospital.

Health care in the county is on life support? I mean this is a problem. Are there going to be any doctors left in Trumbull County? Medical malpractice lawsuits continue to increase and the verdicts are getting higher.

Except they are not. A malpractice lawyer was on hand to witness this spectacle and he did provide specifics. ''Shouldn't their anger be directed at insurance companies? For four years in a row, the number of (malpractice) claims has gone down and the amount of money paid for those claims has gone down in Ohio. Why are the malpractice premiums going up?'' said Jim Crisan.

The article points out that medical malpractice premiums are high. Not mentioned: so are doctors' salaries. They are the highest paid professionals in the United States.

Look, they should be. Doctors’ salaries are high because supply and demand dictates their high income. And it makes sense, too. I want doctors to be our highest paid profession. All I'm asking for is that they put away the violin on how much they pay in malpractice insurance unless they are going to tell us how much money they make.