Articles Tagged with wrongful death lawyer

A New York jury in a medical malpractice recently found that a pediatric endocrinologist was guilty of medical negligence that caused the wrongful death of a six-year-old girl, and awarded the mother an $8 million verdict. Sadly, the girl died shortly after a non-board certified pediatric endocrinologist misdiagnosed her diabetes.

Recently, in a medical malpractice wrongful death case in Harford County, Maryland, a jury awarded more than $958,000 to the family of a woman who died after receiving “excessive amounts” of pain medication during a hospital stay. According to the lawsuit, the woman’s death resulted from the hospital providing hospice care rather than standard treatment for her infected ulcers.

Nine Maryland hospitals face financial penalties for having far too many patients contracting preventable medical conditions such as infections, pneumonia and bed sores. Those hospitals committing medical malpractice are Prince George’s Hospital Center, Doctors Community Hospital, Laurel Regional Hospital, Union Hospital in Cecil County, Montgomery General Hospital, Civista Medical Center in Southern Maryland, Shady Grove Adventist Hospital, Washington Adventist Hospital and University of Maryland Medical Center. The penalties were handed down by the Maryland Health Services Cost Review Commission, which sets rates that hospitals can charge. The evaluation and penalties are designed to improve patient safety and lower health care costs by linking hospital performance with their payments.

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

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A New York hospital has paid $2.9 million to settle the medical malpractice case of a 6-year-old boy who was killed after he was struck in the head by an oxygen tank during an MRI. The boy was lying in an MRI chamber when the machine’s magnet pulled in a metal tank that a hospital staffer had brought into the MRI’s magnetic field. This is one of a number of recent cases in which people have been severely injured or killed by metal objects that were left in an MRI room.

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.

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