Maryland Medical Malpractice Lawyer Blog
A jury has ordered a Wisconsin physician to pay $3.2 million in damages to a man whose leg was amputated after alleged malpractice. According to news reports, the doctor examined the patient at least five times before a specialist determined that the patient had muscle damage, nerve damage and reduced blood flow in the leg, causing the amputation. A copy of an article describing the case can be found here.
Doctors Saying I’m Sorry For Medical Malpractice
This past weekend, there was a fascinating story in the New York Times about doctors who say “I’m sorry” when a medical mistake is made. A copy of the article can be found here. According to the article, some of the leading hospitals in the country are instituting policies that encourage doctors to apologize when a medical mistake is made. What a novel idea!
Vacuum Extractor Medical Malpractice Caused Brain Injury
An Illinois hospital and doctor have agreed to pay $15.35 million to settle a lawsuit filed by a woman whose son suffered brain damages during the delivery in 2001. The child, Cody Smithey, now suffers from cerebral palsy and mental retardation arising from the unsuccessful use of a vacuum extractor, which was used to assist in delivery of the child.
Nursing Home Fire – Medical Malpractice
The family of a man killed last week in an Illinois nursing home fire has filed a lawsuit alleging that staff at the Hampton Plaza Health Care Centre were not equipped to handle the fire. Investigators have not yet determined the cause of the fire.
Abdominal Aortic Aneurysm Medical Malpractice
An Indiana jury has reached a verdict requiring a doctor to pay $4.45 million to the family of a man who died of an abdominal aortic aneurysm approximately 12 hours after being discharged from a hospital with a misdiagnosis of kidney stones. According to attorneys, the man’s death would have been prevented if the doctor had ordered a routine CT scan. A copy of an article regarding the case can be found here.
Birth Injury Medical Malpractice Verdict
An Ohio jury has awarded $22.6 million in damages to a woman whose baby suffered permanent brain injuries after it became stuck in her birth canal for over 13 hours. Jurors found that a doctor and practice group were negligent in the medical care that led to the baby’s injuries. Approximately $16 million of the award has been allocated to future medical bills and future loss of ability to perform the usual functions.
Caps on Damages in Maryland Medical Malpractice Cases
Maryland is one of the many states that cap, or limit, certain types of damages in medical malpractice cases. Under current Maryland law, medical malpractice damages for pain, suffering and emotional distress are capped at $650,000. That cap will not change until the end of this year (December 31, 2008), when the cap is scheduled to begin increasing $15,000 per year. A jury can award whatever it wants for pain, suffering and emotional distress, but if it awards more than the cap, the judge is required to reduce the verdict to no more than the cap.
Mandatory Arbitration In Nursing Home Medical Malpractice Cases
Over the last few years, more and more nursing homes have been requiring patients to sign binding arbitration clauses before admitting patients to the home, thereby preventing patients from later filing a medical malpractice claim in court against the nursing home, even in the case of egregious malpractice. Because arbitration is stacked against the patient, and the patients have no bargaining power to avoid the arbitration clauses, these clauses are unfair.
What is Medical Malpractice in Maryland?
Many people are confused about what “medical malpractice” is and what it means in Maryland. The term medical malpractice simply means a negligence case against a health care provider, usually a doctor, nurse, hospital or nursing home. In order to bring a medical malpractice case in Maryland, the plaintiff (the party who files the case) generally must be able to prove (1) that the doctor, hospital or nursing home violated the standard of care; (2) that the doctor, hospital or nursing home was a cause of some injury or damage to the plaintiff; and (3) that the plaintiff suffered injuries and damage, and what the value is of those injuries and damages.