Maryland Medical Malpractice Lawyer BlogA Salt Lake City jury last month awarded $2.9 million to the family of a 55 year-old man who died after physicians failed to diagnose and treat a life-threatening heart condition. After developing chest pains one evening – which quickly spread to his abdomen – the man presented to a clinic where he was seen by a Physician’s Assistant (PA). The PA diagnosed him with constipation and discharged him with instructions to drink a bottle of over-the-counter magnesium citrate and take a suppository.
Articles Tagged with cardiac malpractice
Baltimore County Jury Awards $4 Million in Medical Malpractice Case
Earlier this month, a Baltimore County, Maryland jury awarded $4 million as the result of the alleged wrongful death of a 28 year-old man whose heart disease went undiagnosed. The man was referred by his primary care physician to a cardiologist due to constant chest pain that had been ongoing for more than a year. The cardiologist in March of 2012 diagnosed him with “atypical chest pain” and sent him on his way without conducting any further studies, according to the lawsuit.
Maryland Cardiologist indicted for unnecessary cardiac stents
A grand jury has indicted a cardiologist in Salsibury, Maryland, Dr. John McLean, accusing him of health care fraud for allegedly submitting insurance claims for inserting unnecessary cardiac stents, ordering unnecessary tests and procedures and falsely documenting patient records. In addition to jail time, the indictment seeks forfeiture of more than $519,000 and two real estate parcels. The indictment states that Dr. McLean performed cardiac catheterizations on patients at Peninsula Regional Medical Center from late 2003 to 2007, and that he falsely recorded that patients’ coronary arteries were 70 percent blocked when they were not. Generally, patients must have a 70 percent blockage before stents are considered medically necessary.
Connecticut Jury Awards Over $1.3 million in Medical Malpractice Case
A Connecticut jury has awarded more than $1.3 million in a medical malpractice case. In the case, the plaintiff sued her oncologists alleging that they treated her for years for the wrong form of cancer, which led to the removal of part of her intestines and colon.
What makes the case especially unusual is that the case included a claim for damages on behalf of the woman’s longtime partner who had joined the woman in a civil union . In the litigation, a judge threw out the partner’s claims, holding that while the woman had been partners for more than 20 years they were not legally joined at the time of the alleged negligence.
If such a case is brought in Maryland, it will be interesting to see what the result is. Maryland’s wrongful death statute, section 3-904 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, a copy of which is below, allows claims for by a parent, spouse or child of the deceased person. The claim is for emotional distress and financial loss due to the death of family member. These are the most common type of wrongful death claim, as there is frequently a parent, spouse or child of the deceased alive to pursue such a case. The term “spouse” is not defined in the section where the statute is contained, so one certainly could argue that a person who participates in a lawful civil union ceremony is a “spouse” for purposes of the wrongful death act. If that argument doesn’t work, the Maryland wrongful death act includes a provision to allow for economic losses by certain people if there is no parent, spouse or child of the deceased. Those claims are for people related to the deceased by blood or marriage. Again, it can be argued that “marriage” is not defined, so that could cover a person who participates in a lawful civil union ceremony. It’s only a matter of time before this is tested.
As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many wrongful death cases on behalf of parents, spouses and children of the deceased.
We handle cases like these all of the time in my practice.
Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786
Dr. Midei and St. Joseph Medical Center – Unnecessary Cardiac Stents
There has been a lot of publicity lately about a doctor at St. Joseph Medical Center in Towson, Maryland, that supposedly implanted cardiac stents that may not have been necessary. The publicity started after St. Joseph Medical Center sent out letters to 369 former patients stating that a review of surgeries by Dr. Mark Midei revealed that Dr. Midei may have told these people that they had severe coronary artery blockages that they actually didn’t have, and then recommend and performed stent surgery on these people when it was not necessary. Usually, such stents are only placed in people who have blockages of 70% or more.