Maryland Medical Malpractice Lawyer Blog
A Buffalo, New York jury has awarded a couple $845,000 in a medical malpractice case against two obstetricians, after a three week trial. The plaintiffs claimed that the woman had to have an emergency hysterectomy after she started bleeding heavily after giving birth to a healthy son. The plaintiffs argued that the doctors should have hastened the mother’s labor, which lasted 20 plus hours, to prevent the bleeding.
Failure to Diagnose Colon Cancer – Medical Malpractice
A Las Vegas jury has awarded a woman $1.5 million in a failure to diagnose cancer medical malpractice case. The woman, a 24-year-old mother, had found blood in her stool and kept having pain when she went to the bathroom. She went to local doctor who repeatedly told her that she was just suffering from hemorrhoids. Seven months after she visited the doctor, she was rushed to the emergency room because of major pain. Shortly after that, she was diagnosed with colon and rectal cancer. She died in 2007 at the age of 27.
Necrotizing Fascitis Malpractice – Medcial Malpractice
A federal judge in a federal tort claims act case involving medical malpractice has ordered the U.S. government to pay $8.6 million in damages due to an air force base doctor’s misdiagnosis of flesh-eating bacteria. In 2002, the woman went to the base emergency room for pain and swelling in her right arm. Court documents say that the doctor believed the woman was an addict looking for prescription drugs and told her to go home and take Motrin. Weeks later, the woman was diagnosed with necrotizing fasciitis or flesh-eating bacteria. A bench trial was held in August. In a decision late last month, the judge faulted the doctor and wrote that the woman suffers continuous, debilitating pain. A copy of an article regarding the case can be found here.
Attorney’s Summary of Relevant North Carolina Law for Medical Malpractice Case
The medical malpractice lawyers at Silverman, Thompson, Slutkin & White, LLC handle medical malpractice cases throughout the mid-Atlantic region. As a service to our colleagues who are considering filing a plaintiff’s action in North Carolina, we are publishing the following on key areas of the law:
A. Statute of Limitations:
Medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996).
B. Contributory Negligence:
In North Carolina, a claimant’s contributory negligence bars recovery completely. Miller v. Miller, 273 N.C. 228, 160 S.E.2d 65 (1968). Although a medical malpractice claimant cannot be found contributorily negligent for the behavior that caused him to require treatment, the trier of fact may find that his acts or omissions during or after treatment bar recovery. Cobo v. Raba, 125 N.C. App. 320, 481 S.E.2d 101 (1997). A patient’s unreasonable failure to follow the defendant’s medical advice can be contributory negligence sufficient to bar recovery. Radford v. Norris, 63 N.C. App. 501, 305 S.E.2d 64 (1983).
C. Vicarious Liability:
The reported North Carolina decisions do not appear to have used the doctrine of apparent or ostensible agency to impose liability on hospitals for the negligent acts of their non-employee physicians. In the most relevant case, Hoffman v. Moore Regional Hospital, 114 N.C. App. 248, 441 S.E.2d 567, cert. denied, 336 N.C. 605, 447 S.E.2d 391 (1994), the court recognized the existence of the theory, but declined to use it to hold a hospital liable for the error of a radiologist. It held that there was no detrimental reliance, a necessary element of apparent agency, because there was no evidence plaintiff would have gone to another hospital had she known that the radiologist was an independent contractor.
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Hospital Malpractice – Medical Malpractice
Los Angeles County has finally acknowledged for the first time in a medical malpractice case that a woman who died shortly after writhing in pain for nearly an hour on the waiting room floor of a county hospital been saved if she had been properly treated. The woman was captured on security videotape as a janitor mopped around her and a triage nurse dismissed her complaints early one morning in May 2007. The woman’s death helped precipitate the closure of the hospital’s emergency room and inpatient care after federal regulators determined that staffers had failed to deliver a minimum standard of care.
Hospital Infection – Medical Malpractice
There is a log of buzz in Maryland about medical malpractice cases against hospitals due to hospital infections, after an article in Maryland’s legal newspaper, The Daily Record, published an article that such lawsuits are on the rise. According to the article:
Back Surgery Malpractice / Paralysis – Medical Malpractice
A Los Angeles County woman may receive more than $1.6 million to settle a malpractice lawsuit she brought against the county after being paralyzed during back surgery at a Los Angeles medical center. The L.A. county Claims Board is prepared to discuss the proposed medical malpractice settlement with legal counsel behind closed doors. If they give their go-ahead, the matter will then go before the county Board of Supervisors for final approval.
Infection Malpractice
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
Failure To Diagnose Brain Injury – Malpractice
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.
Fetal Distress – Malpractice
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.
Failure to Treat Infection / Sepsis – Malpractice
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.
Heart Surgery Malpractice Kentucky Verdict
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.
Surgical Fire / Surgery Fire – Medical Malpractice
Today, MSNBC ran a story about Operating Room fires. The article states that the latest data reveals about 600 cases annually. These fires, sometimes called surgery fires or surgical fires, are completely preventable occurrences.
Attorney’s Summary of Pertinent Pennsylvania Law for Medical Malpractice Actions
A. Statute of Limitations:
Status of Maryland Law Regarding Standing For Claims of Medical Malpractice to Third Parties
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).
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