Maryland Medical Malpractice Lawyer Blog

Last week, a Chicago man settled a medical malpractice case for $10 million against two groups representing doctors that he sued. In 2003, the man, a 33-year-old vice president at one of the country's largest information technology staffing firms, was doing great. One year earlier, he had been diagnosed with a routine heart valve condition, a murmur and bicuspid heart valve, leaving him at risk of infective endocarditis, a buildup of bacteria around the heart valve

The heart condition led to the infection in his heart, but doctors with a local hospital repeatedly misdiagnosed it, sending the man home with allergy medication once and instructions on visiting a back specialist another time. The undiagnosed infection led to a piece of the infection breaking free and traveling to the man’s brain, according to the lawsuit. That caused a stroke that left the man with severe physical and mental disabilities, including severe damage to his language center. The man, a father of two children, still suffers from seizures, has no use of one of his hands and has difficulty walking, talking and reading.

The settlement will be will be used to continue rehabilitation and search for other ways for him to get better. The amount of the settlement was based on the man’s medical and other care needs, and projected future earnings. A copy of an article regarding the case can be found here.

I have successfully handled a number of medical malpractice / medical negligence / medical error cases in Baltimore and other counties in Maryland involving a failure to timely diagnose and treat infections. Other cases have involved failure to diagnose an treat sepsis. The malpractice in my cases has led to death, amputations, brain damage, etc. It’s always tragic when a doctor fails to prescribe something so simple as antibiotics in this day and age, especially for patients at high risk for such infections.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Infection Malpractice

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A jury awarded approximately $11 million to a woman who became partially paralyzed after waiting two hours for a hospital brain scan. Jurors found that the hospital was negligent in caring for the woman after she fractured her skull in a fall in 2004. The woman was cleared for a brain scan two hours before she got one. The test was ordered to check for bleeding. Because of the delay, the woman allegedly lapsed into a coma in the emergency room less than an hour after the scan. She now has no movement in her left side and uses a wheelchair. A copy of an article regarding the case can be found here.

I have successfully handled a number of emergency room medical malpractice cases in Baltimore and other counties in Maryland. Emergency room doctors are required to recognize serious medical conditions and admit patients who require significant treatment. Some of the cases I have handled alleged a failure to properly diagnose a heart attack, failure to diagnose and admit a suicidal patient, failure to diagnose pulmonary embolism, failure to diagnose an abdominal aortic aneurysm, failure to diagnose brain injury, etc.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Emergency Room Malpractice

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A Seattle hospital must pay the family of a girl about $4.25 million after the hospital's negligence during her delivery caused severe brain damage. Approximately $2.5 million of the money is to cover future medical expenses for the 5-year-old girl who cannot walk or talk, must be fed through a gastric tube and suffers from cerebral palsy. About $350,000 is meant to cover previous medical expenses, and the remaining $1.4 million covers general damages. After three days of deliberation, the jury ruled in partial favor of the hospital, rejecting an additional $3.75 million for the girl and about $4 million for her parents.

The family blamed the hospital for at least 20 minutes of oxygen deprivation to the girl after the placenta prematurely separated from the mother's uterine wall. At 8:25 p.m. on May 30, 2003, the mother checked into the hospital with contractions; it was a day before her scheduled C-section. The woman had a history of placental abruption — a serious complication that can deprive the baby of oxygen and cause heavy bleeding in the mother — but the obstetrician went home for dinner without having been notified of the high-risk case. When the fetal monitor began to show signs the baby was in distress — around 8:45 p.m. — the nurses did not immediately call the obstetrician. At 9 p.m., the baby was "down," meaning her heart rate had dipped below 90 beats per minute. A normal heart rate in a baby is between 130 and 190 beats per minute. Nurses called the obstetrician, who arrived at 9:18 p.m. and immediately performed an emergency C-section, he said. The child was born lifeless at 9:24 p.m. after suffering at least 20 minutes of asphyxiation but was resuscitated. A copy of an article regarding the case can be found here.

I've successfully handled a number of medical malpractice cases involving fetal distress causing injury and, as I have repeatedly said, they are always the most upsetting cases because they can be prevented in certain circumstances. Doctors have known for decades that when a fetus is observed to be in distress, there is only a very limited time to get the child out. In certain situations, like when a fetus’ heart rate drops dangerously law, the standard of care is to get the child out within 20 minutes. In this case, waiting to call the obstetrician was inexcusable.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Childbirth Malpractice

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The United States Government has agreed to pay a former Utah family nearly $1 million to settle a medical malpractice case involving failure to treat infection / sepsis. The man was being treated for leukemia at at a Veterans Affairs hospital in 2004 when he developed a severe infection and died. His surviving wife and daughter filed suit under the Federal Tort Claims Act, alleging that the hospital told him to take gas-x instead of going to the emergency room to get antibiotics. He died of sepsis from a low white-blood-cell count.

The man was diagnosed with leukemia in June 2004 and received chemotherapy at the VA in October. Three days after his last treatment, he had diarrhea and abdominal pain. After calling the hospital to see what to do, his wife was told by an oncology doctor that the man should take an over-the-counter medicine for gas. What he really needed were antibiotics immediately to fight off a severe infection. His white blood cell count was low, due to the chemotherapy, which led to a bacterial infection in his colon. The man died four days before his 46th birthday and his 18th wedding anniversary. His leukemia was in remission and he was expected to live for at least another five years.
A copy of the article regarding the case can be found here.

I had a case almost exactly like this, where a woman had been diagnosed with lymphoma and was receiving chemotherapy and a steroid that hid the usual tell-tale signs of infection. She subsequently developed an infection, but the doctors never told her to watch for very subtle signs of infection that she would see on the steroid and she died. It was tragic because this woman was extremely bright, intelligent and wanted to know everything she could about her health. Had she been warned, she certainly would have made efforts to prevent an infection, kept close watch for an infection and been treated before it could kill her.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Infection Malpractice

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A jury in a medical malpractice case returned a jury verdict of $9.9 million last week to a Kentucky woman who suffered severe injuries and damages after routine heart surgery. The woman had surgery on her mitral valve in her heart in April 2006. The surgery took less than an hour and was successful. However, during the sugery, the surgeon allegedly misplaced the cannula, or hose, for a machine that pumps blood during the surgery. The woman claimed during the trial that the misplacement caused too much blood and oxygen to be pumped to her right hand and too little to her brain and spinal cord, causing her to no longer be able to walk due to paraplegia and to suffer mild to moderate brain damage.

The jury awarded the woman $455,229.06 in past medical experiences, $4,426,408.72 for future medical bills, $482,538 in lost wages and $4.5 million for pain and suffering. The total verdict was $9,864,175.78. The jury found that the anesthesiologist was responsible for 23 percent of the fault, and the perfusionist, the person who operates the heart-lung machine, was responsible for 41 percent of fault. Since the hospital defendant had already settled with the patient and did not participate in the trial, the verdict only will affect the surgeon. The jury assigned 31 percent of fault to the surgeon, or $3,057,894.49 of the total damages sought. Unless overturned during post-trial motions or on appeal, that portion of the verdict will be paid by the surgeon’s insurance company. A copy of an article regarding the case can be found here.

It is highly unusual for routine heart surgery to result in injuries like this. I have successfully handled a number of medical negligence cases in Baltimore and other counties in Maryland involving a failure to properly perform surgery, causing severe injuries and damages. Some of these medical malpractice cases have involved brain surgery, shoulder surgery, lung surgery, heart surgery, gallbladder surgery, colon surgery, etc. Its always tragic when a person suffers life-long injuries due to someone else’s medical mistake.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Surgery Malpractice

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Today, MSNBC ran a story about Operating Room fires. The article states that the latest data reveals about 600 cases annually. A copy of the article can be found here. These fires, sometimes called surgery fires or surgical fires, are completely preventable occurrences.

I have successfully handled a number of these cases, including operative room burns and unintended surgical burns. In these cases, the patient caught on fire because the surgeon did not keep the cautery device away from the oxygen that was being given to the patient during the surgery. The patient also received oxygen at too high a concentration, thereby contributing the likelihood of fire. Doctors and hospitals have known for decades how to prevent surgical fires, yet they still occur. I would say that any time a patient catches on fire during surgery it is a clearly due to medical malpractice and should result in a malpractice lawsuit.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Fire / burn malpractice

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A. Statute of Limitations:

Medical malpractice actions are actions for injury to the person or wrongful death, which must be brought within two years. 42 Pa. Cons. Stat. § 5524(2) (LEXIS 2003). Pennsylvania courts have adopted a discovery rule for injuries to the person. When the existence of an injury is not known to the claimant, and such knowledge cannot be reasonably ascertained within the two-year period, the statute does not begin to run until the discovery of the injury is reasonably possible. Hayward v. Medical Center of Beaver County, 530 Pa. 320, 608 A.2d 1040 (1992). The discovery rule does not apply in death cases, however. Pastierik v. Duquesne Light Co., 514 Pa. 517, 526 A.2d 323 (1987). For medical malpractice cases arising on or after March 20, 2002, the discovery rule is limited by a seven-year statute of repose that runs from the date of the act (two years for death cases)

B. Modified Rule of Comparative Negligence:

Pennsylvania has adopted a modified rule of comparative negligence. A plaintiff's recovery is barred only if his contributory negligence is greater than the causal negligence of the defendants against whom recovery is sought. 42 Pa. Cons. Stat. § 7102(a) (LEXIS 2003). Otherwise, the plaintiff's damages are diminished in proportion to the amount of negligence attributable to him. Id.

C. Statutory Caps:
Pennsylvania does not impose a cap on compensatory damages, but it does have a program of state-sponsored excess insurance. See Patient Compensation Funds and Physician Insurance. Effective January 25, 1997, punitive damages against individual physicians shall not exceed 200 percent of compensatory damages, except in cases of intentional misconduct. Pa. Stat. Ann. tit. 40, § 1303.505(d) (LEXIS 2003); Pa. Stat. Ann. tit. 40 § 1301.812-A(g) (LEXIS archives) (repealed 2002). Under current law, 25 percent of punitive damages in medical malpractice cases must be paid into the MCARE Fund rather than to the prevailing party. Pa. Stat. Ann. tit. 40, § 1303.505(e) (LEXIS 2003).

D. No Statutory Cap on Attorneys Fees:

The Pennsylvania Supreme Court has held that former Pa. Stat. Ann. tit. 40, § 1301.604 (LEXIS archives) (repealed 1996), which purported to limit contingency fees recoverable in medical malpractice actions, is unconstitutional. Heller v. Frankston, 504 Pa. 528, 475 A.2d 1291 (1984).

E. Collateral Source Rule Modified:

The collateral source rule has been substantially modified for medical malpractice cases arising on or after March 20, 2002. A plaintiff cannot recover for past medical expenses or past lost earnings that were covered by any public or private benefit received prior to trial. Pa. Stat. Ann. tit. 40, § 1303.508 (LEXIS 2003). However, this does not apply to life insurance, pension or profit-sharing plans, social security benefits, or benefits for which the state or federal government has a right of reimbursement from the recovery. Id.

For further information, please contact Andrew G. Slutkin.

Posted by Steven D. Silverman | Permalink | Email This Post

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Generally, recovery in Maryland for malpractice against a physician/psychiatrist is allowed only where there is a relationship between the doctor and patient. This relationship may be established by contract, express or implied, and the fact that a physician does not deal directly with a patient does not necessarily preclude the existence of a physician-patient relationship.

Complaints of malpractice and intentional infliction of emotional distress with regard to third parties have been reviewed by Maryland Courts. In the case of Dehn v. Edgecombe, 384 Md. 606 (Md. 2005), Mr. Dehn underwent a vasectomy. According to Mr. Dehn, his primary care physician advised him that he could resume engaging in unprotected intercourse with his wife without fear of pregnancy, despite the fact that requisite tests had yet to be performed. Mrs. Dehn subsequently became pregnant and sued her husband's primary care physician, claiming that the physician had negligently counseled her husband. The Court held that there was no independent cause of action for a patient's wife against a doctor who acted negligently while treating her husband because there was no relationship or direct interaction with the wife.

There are exceptions to this rule. For example, when a physician undertakes to act gratuitously or in an emergency situation, a duty may be created, but such exceptions are rare, particularly when the doctor never provided any treatment to the person alleging negligence. Dehn v. Edgecombe, 384 Md. 606 (Md. 2005). Therefore, this case does not appear to fall within one of these exceptions.

”The common law duty of care owed by a health care provider to diagnose, evaluate, and treat its patient ordinarily flows only to the patient, not to third parties. Thus, it has often been said that a malpractice action lies only where a health care provider-patient relationship exists and there has been a breach of a professional duty owing to the patient.” Dehn v. Edgecombe, 384 Md. 606 (Md. 2005).

Continue reading "Status of Maryland Law Regarding Standing For Claims of Medical Malpractice to Third Parties " »

Posted by Steven D. Silverman | Permalink | Email This Post

Posted In: Medical Malpractice Law in Maryland

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An Indiana jury has returned a $8.1 million medical malpractice verdict in favor of a 33 year old mother of two, whose cancer was not timely diagnosed and treated. Apparently, the woman had a growth removed from her bit toe in 2004 by a local podiatrist, who did not test the growth at the time. When the growth resurfaced two years later, it was tested and the test revealed malignant melanoma. The woman claimed in her malpractice lawsuit that the doctor should have tested the tissue from the excised growth. Now in stage three of the cancer, she has just a 17 percent chance of living another 12 years, according to statistics

Interestingly, the doctor’s medical practice apparently failed to participate in the state program that caps malpractice damages at $1.25 million for all care providers involved in a case. Nevertheless, the doctor will be shielded by Indiana's $250,000 damages cap on all damages against individual doctors under the law. The woman’s lawyers will have to pursue attempting to recover the verdict from the doctor’s medical practice. A copy of the article regarding the case can be found here.

This case involves several important issues. First, is the failure to test the removed tissue. Whenever abnormal tissue is removed from the body, through a biopsy or by excision, it must be tested to determine whether it is cancerous.

Second, this case demonstrates the ill effect of low caps on damages. In my personal opinion, this doctor essentially killed this woman, but will escape any significant liability through a $250,000 cap on damages. It seems like a crime to me.

In Maryland, Maryland law, medical malpractice lawsuit damages for pain, suffering and emotional distress are capped at $650,000. But economic damages, on the other hand, such as past and future lost wages, past and future medical expenses, and lost household services, are uncapped in Maryland.

The only significant exception to the cap on non-economic damages relates to Maryland Wrongful Death cases. A Wrongful Death claim is a personal injury lawsuit that is brought due to the wrongful death of a person. It can be brought by a child, spouse or parent of the deceased person. In a Wrongful Death case in which there are two or more claimants (i.e. a spouse and child), the non-economic damage cap is limited to $812,500 (125% of $650,000). That cap also will start slowly increasing at the end of this year (December 31, 2008), when the cap is scheduled to start increasing $15,000 per year.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Cancer Malpractice

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A Minnesota jury in medical malpractice case has rendered an award of almost $1 million to the family of a child injured during labor and delivery approximately five years ago. The jury reached its verdict in the medical malpractice lawsuit late last week, finding that the obstetrician was negligent by not recognizing the fetus was so large it should have been delivered by Caesarean Section. As a result, the child, who weighed more than 10 pounds at birth, suffered injuries that unfortunately will affect her for the rest of her life. The jury’s award totaled $975,501, consisting of separate amounts for past medical expenses, bodily and mental harm, future damages and mental harm, and loss of future earning capacity. A copy of the article regarding the case can be found here.

During the delivery of the child, the nerves in her shoulder were injured because the obstetrician had to pull the baby so hard get her out of the birth canal. The injury is called Erb’s Palsy, and occurs when the nerves of the shoulder are stretched or torn, causing permanent loss of sensation and control of the arm. Unfortunately, the injury will cause lifelong limitations and significantly reduce future earnings. The defense was that the size of the fetus can’t be easily determined and that C-Section brings with it significant complication risks. However, the Plaintiffs were able to point out that a radiology report said that measurements of the fetus were “suggestive of a macrosomic fetus.” Macrosomia is a medical term describing a fetus or newborn of excessive weight. In a situation, the standard of care is to do a C-Section to prevent exactly what happened here.

As a Maryland attorney who handles a large number of malpractice suits, I have successfully handled several of these cases in Baltimore and surrounding areas. Typically, the fetus is large or in an awkward position in the uterus. Instead of performing well-establish maneuvers to safely get the fetus out, or converting the vaginal delivery to a C-Section, the doctor continues to pull the fetus in an effort try to deliver the fetus. This tears the nerves in the shoulder, forever causing a floppy arm.

It is important in these cases to make sure to have experts that can properly explain the child’s losses. These include medical experts to explain the future medical expenses the child will suffer, a vocational expert to explain future lost wages, and an economist to calculate these damages.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Childbirth Malpractice

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A Michigan husband and wife have been awarded almost $1.2 million by a jury in a medical malpractice lawsuit filed against a local doctor. The jury decided late last week after a two-day trial that the doctor was negligent regarding hernia surgery he performed in June, 2003. During the procedure, the man’s small bowel was nicked but the injury was not repaired at the time, causing him to have a septic reaction that included an long hospital stay. As part of the treatment for the nicked bowel, the man incurred several hundred thousand dollars of medical bills. The surgeon denied any negligence, saying that the patient knew of and appreciated risks and hazards involved in the medical treatment. The man’s wife was awarded $50,544 for being deprived the comfort, companionship, society, and services of her husband. A copy of the article regarding the case can be found here.

I have successfully handled a number of medical negligence / medical error cases in Baltimore and other counties in Maryland, and the District of Columbia, involving surgical malpractice. In this case, the malpractice probably was not causing the injury to the bowel, as that can happen during abdominal surgery. The problem here was the failure to timely diagnose (recognize) and treat the injury once it occurred. Before finishing up the hernia surgery, the surgeon should have checked to make sure that there was no unintended injury to organs including the bowel, found the injury and then repaired it. By not timely recognizing and repairing it, the man developed a severe abdominal infection, which progressed to sepsis, which is when the infection spreads through the blood to the rest of the body. Once the patient came out of surgery and exhibited signs and symptoms of an infection – usually abdominal pain, swelling, bloating, hardness of the abdomen – surgeon should returned the patient to surgery as soon as possible to stop the leak, wash out the abdomen and start the patient on antibiotics. These cases are tragic b/c someone goes in for a routine procedure and should be back on their feet in a few days, but ends up a long hospitalization, extensive medical care and problems that can last a lifetime.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Surgery Malpractice

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A South Carolina hospital and doctor have agreed to pay more than $1.2 million to settle a medical malpractice wrongful death lawsuit filed by the family of a woman who died after she failed to receive a physician-ordered blood test. Apparently, the woman had surgery and was later discharged. Two days after the discharge, she went to the emergency room of the defendant hospital complaining of numbness in her left leg. The medical negligence lawsuit claimed that a doctor ordered a blood test that was not done. The woman subsequently went into a coma and died. A copy of the article regarding the case can be found here.

I have successfully handled a number of medical malpractice and wrongful death cases in Baltimore and other counties in Maryland involving a failure to follow-through with a doctor’s orders. One of the cases I handled involved a failure to timely give blood that was ordered by a doctor. As a result, the patient bled out and died. These cases are always tragic because the problem was recognized by the doctor, but the staff just did not follow the order.

Posted by Andrew G. Slutkin | Permalink | Email This Post

Posted In: Hospital Malpractice

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