Maryland Medical Malpractice Lawyer Blog

$178 Million Dollars in Damages Awarded to Medical Negligence Victim

Fri, 03 Feb 2012 12:08:37 -0500

In 2007, an active lieutenant with his local Sheriff’s Department made the decision to undergo weight-loss surgery. At 6-foot-1 and 375 pounds, the risk of a routine laparoscopic gastric bypass surgery seemed slight compared to his many weight-related health risks. Then suddenly, the day after the procedure, he went into respiratory failure and had to be placed in critical care. For over a week, he showed signs of complications but doctors did not take him back into surgery to repair the problem for eight days. This was a serious medical error, even based on the testimony of the hospital’s own experts who admitted that most bariatric doctors would have performed the surgery as soon as the patient exhibited the symptoms, but certainly no later than six days after.

As a result of the delay in treatment, the patient’s blood pressure dropped and he experienced a “low-flow stroke,’ meaning his brain was not getting enough blood, causing him to remain comatose for two weeks following the surgery. Then, in another shocking medical mistake, doctors failed to give him eye drops while he remained on a respirator which resulted in a permanent loss of his eyesight. This avoidable complication was a clear breach of the standard of care.

The man’s family filed a medical malpractice suit against the hospital alleging medical negligence and fraud. Now brain damaged and confined to a wheelchair, this once active lieutenant has lost his ability to speak, walk and perform basic tasks such as feeding or bathing himself, but he understands what has happened to him. The family’s attorney insisted that this tragic outcome was the result of improper care by an inexperienced doctor. Specifically, the hospital advertises that its bariatric surgeons have performed upwards of fifty surgeries when, in fact, this man’s surgeon had performed only about twenty.

On January 23, 2012, after finding that the accreditation advertising was fraudulent and the care received by the patient in this case was negligent, a jury returned an award of approximately $178 million dollars in damages in favor of the patient and his family. The hospital has since indicated that they intend to appeal the verdict but the family’s attorney maintains that this is the appropriate outcome given the circumstances.

A copy of the article regarding the lawsuit can be found here.

For families experiencing the devastation associated with serious medical negligence, it is important to investigate whether a medical malpractice claim is warranted due to the expense associated with long-term care. As an experienced medical malpractice attorney I routinely handle cases that involve catastrophic injuries, and have handled cases just like this. These cases are extremely complicated and require expertise that most general personal injury attorneys do not have.

7-Year-Old Left Blind as a Result of Untreated Bacterial Meningitis

Tue, 24 Jan 2012 18:07:55 -0500

A Hartford, Connecticut boy's family has filed a medical malpractice suit against his pediatrician, alleging that the doctor's failure to timely diagnose the child's bacterial meningitis lead to the 7-year-old losing his eyesight.

The boy went to his pediatrician complaining of severe headaches. However, this symptom went unnoticed and he was diagnosed with an ear infection, the first of several medical errors. He returned to the doctor when his condition did not improve but was sent away by a receptionist who said there was nothing more the office could do for him. When the child was finally sent for a CT scan, he was only diagnosed with a migraine. This was yet another medical mistake in the young boy’s care. This several day delay in diagnosis allowed the condition to worsen, and the infection to spread.

Bacterial meningitis is a potentially fatal condition where the membranes that cover the brain and spinal cord become inflamed as result of a bacterial infection. The CDC has stated that early diagnosis is critical to the successful treatment of bacterial meningitis.

The child ultimately was not properly diagnosed with bacterial meningitis until he fell into a coma. When he awoke weeks later, he was blind. The child also suffered from fever, respiratory failure, impaired speech, impaired hearing, seizures and brain damage, the combination of which required that the 7-year-old undergo extensive rehabilitation.

The lawyer representing the pediatrician and her office characterized the suit as a false allegation and maintained that the doctor did nothing wrong. However, the child's attorney disputed that the "standard of care" afforded to the child was proper. In this case, all the symptoms were there, and the doctor just missed them; had the pediatrician sent the boy to an emergency room, a spinal tap would have revealed the meningitis, allowing antibiotics to stop the disease before it took his eyesight.

A copy of the article regarding the lawsuit can be found here.

Anesthesia Malpractice During Dental Surgery Cause Death of Teen

Tue, 20 Dec 2011 11:52:35 -0500

In late March, a Maryland teen died at Johns Hopkins Hospital after she was deprived of oxygen during routine wisdom tooth surgery. Her parents have since brought a medical malpractice suit against the oral surgeon and anesthesiologist who performed the dental procedure.

At the outset of the surgery, the teen was administered a standard dose of anesthesia. This dose was not sufficient to perform the surgery and an additional dose was administered. Shortly afterwards, the teen’s heart rate began to slow.

The medical malpractice suit, brought in Howard County, alleges that the doctors were negligent in their care of the teen. The suit states that they committed a serious medical error when, during the course of the surgery, the teen’s heart rate slowed to 40 beats per minute and her oxygen level began to drop, but doctors failed to resuscitate her. By the time emergency personnel arrived, the teen had no pulse and had suffered permanent and irreversible brain injury.

The teen was transported to Johns Hopkins Hospital where she remained in a coma until she died ten days later. The cause of death was determined to be damage to the brain from lack of oxygen and severe swelling of the brain tissue. A copy of the article regarding the lawsuit can be found here.

Family Wins Medical Malpractice Case Against Johns Hopkins Hospital

Thu, 01 Dec 2011 13:37:14 -0500

In early 2010, the family of a 17-year-old girl with a rare genetic disorder brought a medical malpractice suit against the Johns Hopkins Hospital alleging that the Johns Hopkins doctors and nurses provided inappropriate treatment to the disabled girl.

The Baltimore City jury that heard the medical malpractice suit found the staff at Johns Hopkins negligent in restraining the girl in a manner that caused extensive bruising. The girl, a long-time patient at Johns Hopkins Hospital, was extremely frail as a result of her condition and required special treatment. The girl’s father alleged that following an overnight stay at Johns Hopkins Hospital on March 12, 2007, he noticed "numerous bruises" on the girl’s body in addition to a "large lump on her forehead." Johns Hopkins Hospital staff provided no explanation for the bruises other than "spontaneous bruising" caused by her disorder. The girl’s father was not satisfied with this response, and brought the medical malpractice suit against Johns Hopkins Hospital. A copy of the article regarding the lawsuit can be found here. Ultimately, the jury found that Johns Hopkins Hospital was negligent and committed malpractice for the bruises awarded the girl $250,000.00.

Undiagnosed Strep Infection Leads to Amputation of Child’s Legs

Thu, 10 Nov 2011 11:59:04 -0500

A six year old boy went to Baltimore-Washington Medical Center complaining of a fever, swollen tonsils, and unexplained hip pain. The hospital, located in Anne Arundel County, Maryland, allegedly failed to perform a "rapid strep test" - standard safety protocol at hospitals in such situations. It has been alleged that this medical error led to the amputation of the boy’s legs as that was the only way to save his life.

A year later, his parents have filed a medical malpractice lawsuit against the Maryland hospital, and the doctor who failed to adequately treat the boy, seeking compensation for his medical costs. The family alleges that, because the boy was wrongly diagnosed as suffering from a hip strain and nasal congestion, his strep infection worsened. In addition, they allege that the standard of care dictates he should have been given antibiotics, even if just as a precaution. Instead, his condition continued to deteriorate as he went untreated. When the boy’s parents rushed him back to the hospital, it was only to learn it was too late. The strep infection, which had gone undiagnosed, had entered the boy’s bloodstream. The infection was so severe that it had begun to attack the child’s organs. A copy of the article regarding the lawsuit can be found here.

Both primary strep infections, which invade healthy tissue such as the throat, and secondary strep infections, which generally invade tissue weakened by injury or illness, can travel from tissue to glands, at which point they enter the bloodstream and spread throughout the body. Ultimately, in an effort to save his life, doctors at the University of Maryland Medical Center amputated both of the boy’s legs. Baltimore Washington Medical Center said, in a statement, that the boy’s symptoms were not indicative of the strep infection and the care he received was appropriate at the time.

I have handled a number of cases involving failure to timely diagnose and treat infections. These cases are especially troubling when they involve serious injures to children.

Medical Mistake Regarding Organ Transplant Leads to Medical Malpractice Lawsuits

Thu, 20 Oct 2011 13:37:09 -0500

A couple in Pennsylvania has filed two medical malpractice lawsuits following, what should have been, a routine organ transplant.

The couple alleges that the organ transplant went awry when, despite test results indicating the donor-spouse had hepatitis C, the hospital transplanted her kidney into her husband. Hepatitis C is an incurable infectious disease that attacks the liver causing a wide range of problems including damage, cirrhosis, cancer or failure. A copy of the article regarding the case can be found here

The first lawsuit was filed against the hospital and various staff members. The suit, filed by the donee and the donor, alleges negligence. The couple states that the donor’s blood results were available months before the organ transplant, but that the hospital and physicians missed them. The organ transplant, which took place in April, was preceded by a blood test on January 26 which indicated that the donor had hepatitis C. The hospital never notified the donor of these results or disqualified her as an organ donor. Another test, which occurred weeks after the organ transplant, also indicated the presence of the infection. It was not until a month after the kidney transplant had taken place when the donor was notified of these results.

The second lawsuit claims that physicians provided the donor with the option of keeping her infection a secret from her long-time boyfriend, despite the transplant of the hepatitis C kidney. The suit also alleges that the physicians made several accusations against the donor, including her having cheating on her boyfriend and having used cocaine. The Pennsylvania couple has been together for 21 years and they have an 18-year-old son.
The hospital has stated that the transplant was a “medical mistake” and an investigation was completed; the results found that human error was to blame. This mistake comes after guidelines were recently issued by the CDC to reduce the risk of transmitting disease during organ transplants, specifically focused on donor screening.

Failure to Timely Diagnose and Treat Heart Attack

Tue, 04 Oct 2011 17:19:48 -0500

In early 2003, a Pennsylvania pharmacist died of a heart attack while at work. In 2009, a jury found his family doctor negligent and awarded the man’s widow $4 million. Later, after determining the delay in the conclusion of the case was improper, the presiding Judge awarded the man’s widow an additional $1.2 million in damages. Last month, the Pennsylvania Superior Court upheld that $5.2 million award in the medical malpractice case. A copy of an article regarding the case can be found here.

This case is an example of the catastrophic results of a doctor failing to correctly diagnose and treat his patient. The man went to see the doctor four days before his death as a result of unexplained chest pain, jaw pain and anxiety. The doctor advised him that these symptoms were the result of anxiety. However, the man’s attorneys argued that the the doctor made a critical error by failing to take into account the following: the man was overweight, he had high cholesterol, he had high blood pressure and he had a history of heart disease in his family. On the day of his death, the man again contacted the doctor as a result of his symptoms persisting. By the time the doctor returned his call, the man was already in cardiac arrest.

Ultimately, jurors agreed that when the doctor analyzed the man’s complaints in light of the risk factors he had, the doctor should have immediately sent the man to an emergency room because the mans’ symptoms were suggestive of a heart attack. The autopsy results further confirmed this determination as it showed heart damage, specifically indicating that the man had a heart attack a few days before his death.

Failure to Diagnose and Treat Infection Causes Amputation

Fri, 23 Sep 2011 08:28:33 -0500

A woman in Pennsylvania was recently awarded one of the highest sums ever recorded in a medical malpractice suit after an infection went unnoticed and nearly killed her. The lawsuit was based upon medical negligence and medical errors committed by a home nurse that was treating the woman, who was suffering from Crohn’s disease. The woman was receiving care from a home nurse when the R.N. failed to recognize that she had an infected catheter. As a result of the nurse failing to refer the patient to a physician to treat the infected catheter, both of the woman’s legs were amputated below the knee. This was a result of the infection spreading to the bloodstream. A copy of the article regarding the award can be found here.

The jury in this case awarded the woman $23.12 million after hearing about the failure of the nurse to treat the bacteria-infected catheter and found both the nurse and the employer negligent. The damages were based on compensatory awards of economic damages for medical expenses and lost wages, as well as non-economic damages associated with pain and suffering. A medical malpractice case requires a plaintiff to establish that a health care provider undertook care of a patient, and thus had a duty to the patient; the duty was breached by the health care provider upon their failure to perform at the standard level of care; and that damages to the plaintiff resulted. A finding of negligence means the jury thought that the evidence showed that the woman’s health care provider committed a medical error resulting from an omission which deviated from the standards of practice generally accepted in the medical community, and found that this failure caused injury to the patient.

$2.5 Million Malpractice Award to Maryland Family

Thu, 01 Sep 2011 14:19:17 -0500

A Maryland jury awarded the wife and two children of a 59-year-old man $2.5 million in damages following his untimely death from medical malpractice at Montgomery General Hospital in 2007. The lawsuit alleged that the doctor attending to the man at Montgomery General failed was negligent in failing to recognize and diagnose that he was suffering from "hemorrhagic shock" and treat the same. A copy of the article regarding the settlement can be found here.

The man’s death occurred two days after he fell and fractured his pelvis. The family alleged that the primary care physician, who was the sole defendant in the medical malpractice case, did not realize that the man was suffering from internal bleeding. The family believes that had the doctor treated this condition when he first examined him, he could have saved the man’s life. Instead, the man ultimately died from multiple organ failure due to the internal bleeding.
While the primary care physician argued that the man died as a result of a side effect to medication that restricted his intake of oxygen, this theory was discredited because no mention was made of any such complication on the death certificate.

Further, the family’s attorney was able to present numerous signs that the doctor should have alerted the doctor to the problem. For example, the man had both low blood pressure and a rapid heartbeat. Another example is that, within a 24-hour period, the man had not produced urine. Each of these circumstances, in addition to others, were clues that the patient was experiencing blood loss.

The $2.5 million in damages consisted of $1 million each to the man’s estate and his wife, and $250,000 was awarded to each of Dixon's children.

Peninsula Regional Medical Center Settles Stent Medical Malpractice Cases

Mon, 15 Aug 2011 13:56:32 -0500

Peninsula Regional Medical Center, located in Salisbury, Maryland is the latest Maryland hospital involved in medical malpractice suits arising from unnecessary stent procedures.

Last month, cardiologist John R. McLean, M.D. was convicted of health care fraud offenses after implanting cardiac stents in more than 100 patients who did not need them. McLean was found to have performed unnecessary tests and made false entries in medical records when he submitted insurance claims for the stent procedures.

Despite its attempt last year to be dismissed from the case involving McLean, which was denied by the U.S. District Court for the District of Maryland, Peninsula Regional Medical Center agreed to pay $1.8 million to settle the case in early August. The allegations set forth in the suits against Peninsula Regional Medical Center were that it failed to act to prevent the unnecessary procedures even though it were aware of McLean’s behavior. There were fifty-two parties named as plaintiffs. Additionally, under the settlement, the hospital must also repay the money it received from federal health benefit programs while the unnecessary medical procedures amounting to fraud were going on.

Baltimore Washington Medical Center Must Pay A $14,000 Fine

Wed, 10 Aug 2011 16:53:27 -0500

Baltimore Washington Medical Center, located in Anne Arundel County Maryland, was recently fined by the Maryland Department of Environment (MDE) a result of medical malpractice. The settlement agreement reached between the MDE and Baltimore Washington Medical Center stemmed from an error in which the hospital administered an improper dose of radiation. The MDE became involved because radiation doses are supposed to be limited to levels as low as reasonably achievable, pursuant to the Maryland Radiation Act. A copy the article can be found here. .

As a result of the self-reporting system, the hospital notified officials, as well as the patient, about the error in which the patient was exposed to radiation inconsistent with the treatment plan. While it’s likely that the medical mistake will not result in any negative effect on the patient, radiation doses that are too high can kill cells while those that are too low can damage or alter the DNA within the cells.

As a result of this mistake, and in addition to the $14,000 fine, hospital officials will have a radiological health official present at each of their next four radiation safety meetings to make sure the hospital is in compliance and to provide guidance if necessary.

Rare Bacterial Infection Leads to Severe Brain Damage in Infant – Who is at Fault?

Thu, 21 Jul 2011 11:19:15 -0500

When Myles Massey was born on September 1, 2007, along with his brother, Henry, a medical mystery began to unfold. The twin boys were born prematurely in a Washington state hospital, but it was only Myles who exhibited signs that something was wrong. It took years, but Myles’ family has finally determined the cause of the bacterial infection that overtook his small body, leaving him unable to walk or talk, while sparing his brother who developed normally.
A copy the article can be found here. .

The Massey’s initial medical malpractice suit filed in 2009, which named the doctor’s and hospital that treated Myles at the time of his birth for his contraction of the rare bacteria, cited poor infection control practices as the cause of his systematic decline. However, despite numerous tests, investigators were never able to link the bacteria to any of the doctors or the hospital.

In early 2011, a company by the name of Triad Group became the subject of an FDA investigation which found that the alcohol prep pads they were manufacturing and distributing were contaminated with the bacteria. It was then that the Massey’s mystery was solved. The hospital where Myles was born confirmed that their neonatal intensive care unit used the Triad alcohol wipes. It’s not clear why Myles was affected by this bacterium while his brother and other infants in the NICU were not, but the alcohol prep pads have been almost conclusively deemed the source of the bacteria found in Myles’ bloodstream. The Massey’s lawsuit, now amended, includes the manufacturers and distributors of the alcohol prep pads.

The rare bacterium, called “bacillus cereus,” is most often a food-borne illness but can attack individual’s with weak immune systems, causing other infections. The alcohol prep pads, which contained the bacterium in this case, have been recalled but were widely distributed and included in things such as, pre-packaged kits used for self-injection of medications.

The System of Disciplining a Rogue Physician

Wed, 20 Jul 2011 12:13:48 -0500

Almost one year after being charged with violating the Medical Practice Act and engaging in medical malpractice in Towson, Maryland, former St. Joseph’s Medical Center cardiologist Dr. Mark G. Midei has had his license revoked by the Maryland State Board of Physicians. This case has proven to be instructive as to the steps the Board takes when determining appropriate sanctions for misbehaving doctors.

In one of the most talked-about medical malpractice cases in the Baltimore-area, Dr. Midei was accused of implanting unnecessary cardiac stent in many patients. Specifically, the Board found that Dr. Midei falsified blockage percentages in five patients’ coronary arteries and unnecessarily implanted cardiac stents in four of those patients.
The formal findings of the Board were as follows:
• that Dr. Midei committed unprofessional conduct by failing to deal honestly with patients and colleagues;
• that Dr. Midei made intentional, non-accidental and non-inadvertent false reports;
• that Dr. Midei over-utilized health care services;
• that Dr. Midei violated the standard of quality care; and
• that Dr. Midei failed to keep adequate medical records.

In cases where a doctor is found in violation of one or more provisions of the Medical Practice Act, the Board may: (1) reprimand the doctor; (2) impose a probation period; or (3) suspend/revoke the license of the doctor. These disciplinary actions are intended to protect the public, rather than push the offender. In determining which sanction to impose, the Board often evaluates several factors. For example:
• how long the doctor has been licensed for and whether (s)he has had prior violations;
• the frequency of the violations;
• the seriousness of the violations – i.e., whether and the extent to which the violations put patients at risk of harm; and
• whether there is evidence that the doctor acted in bad faith.

The Board determined that license revocation was the appropriate sanction for Dr. Midei because of the habitual and serious nature of his violations. Not only did the Board believe that Dr. Midei had put his patients in present risk because of the unnecessary stent procedures, but he also put them at future risk because of the falsified information now present in their medical records. Patients were also caused to incur medical expenses beyond what they should have. Importantly, there was evidence that Dr. Midei acted in bad faith, and contrary to his medical training, in determining the extent of the blockages in his patients.

A copy the administrative decision regarding the case can be found here.

Dr. Mark Midei's license has been revoked

Wed, 13 Jul 2011 16:21:08 -0500

Dr. Mark Midei’s medical license was revoked today by the Maryland Board of Physicians. A copy of the Final Decision and Order can be found here. As set forth in decision, the Board found that Dr. Midei engaged in “unprofessional conduct” and “blatant falsehood.” It found that he is guilty of “failing to deal honestly with patients and colleagues,” that he created “willfully false reports,” and that he unnecessary implanted people with cardiac stents. The Board stated that it found Dr. Midei’s testimony “not credible.” The Board also indicated that Dr. Midei had economic motivation for his misconduct.

In the 11 page decision, other phrases that were used to describe Dr. Midei included the following: “implanted cardiac stents unnecessary”; “falsified the extent of blockage of the patients’ coronary arteries by reporting that it was 80% when it was in reality lower – and in most cases much lower”; in three of the patients, he also falsely reported that they suffered from unstable angina when in fact they did not”; “violated the standard of quality care”; “falsely reported”; “intentional, non-accidental and non-inadvertent false reports that exaggerated the degree of coronary stenosis”; willfully false reports”; “overutilized health care”; “implanted stents unnecessarily, documented clinical indications inaccurately, exaggerated the extent of stenosis and failed to consider more optimal therapies”; “blatant falsehood”; “willfully false nature of some of Dr. Midei’s reports”; “Dr. Midei’s violations were repeated and serious”; “unnecessary stents exposed patients to the risk of harm”; “Dr. Midei’s willful creation of false percentage numbers for the degree of occlusion of coronary arteries is indefensible and amounts to a deliberate and willful fabrication of medical records”; “false findings used to justify unnecessary stent insertions”; “Dr. Midei acted in bad faith.”

Doctor’s Offices vs. Hospitals – Who is More Prone to Medical Malpractice?

Mon, 11 Jul 2011 17:04:42 -0500

A study published in June 2011 provided a somewhat unexpected result - doctor’s offices and hospitals are equally as likely to be sued for medical malpractice. This finding is surprising because the majority of patient safety initiatives focus on inpatient care at hospitals. The finding of this study, however, indicates a need for the focus to shift to outpatient settings as well. The Journal of the American Medical Association study can be found here.

In 2009, of approximately 11,000 medical malpractice payments made on behalf of physicians, close to half stemmed from errors occurring in doctor’s offices. The study revealed that while hospitals and doctor’s offices are equally as likely to face medical malpractice suits – the error or negligence behind those suits differ. In hospitals, malpractice most often results from unsuccessful surgery giving rise to negative outcomes. In doctor’s offices, on the other hand, incorrect diagnosis is most often to blame. While this indicates the necessity that doctor’s offices adopt the same kind of checklists and systems that have been in place in hospitals for many years, it also demonstrates how essential it is that outpatient care standards become a greater focus in the medical community.

Other reports have indicated that for every one hospital discharge, there are as many as thirty outpatient visits. A ratio of this magnitude displays the seriousness of any chronically deficient care in physician’s offices.

The article regarding this study can be found here.