Articles Posted in Medical Malpractice

Pharmacies serve a critically important function in our health care system as prescription medication use is more widespread than ever.

Around 5 billion prescriptions get filled every year in the U.S.  The average pharmacist fills hundreds or even thousands of prescriptions every day, and this responsibility involves more than just counting out pills.

There are more prescriptions than ever.  There are also more medication errors and lawsuits in Baltimore than there have ever been.  This post gives you the inside story of what you can expect in pharmacy error lawsuits in Baltimore.

Leg and arm amputation cases attract personal injury and malpractice lawyers in any jurisdiction, but particularly in states where there is a cap on noneconomic damages.

This is because there are great economic costs associated with artificial limbs and the injuries often impact the victim’s ability to earn a living. In most states, like Maryland, these costs are not subject to a law that imposes a cap on damages.

Life without a Limb

On this page, we will look at birth injury malpractice lawsuits involving HIE (hypoxic-ischemic encephalopathy). We will look at the negligence theories in these cases and the average settlement value in HIE birth injury claims.

About HIE

Hypoxic-ischemic encephalopathy (HIE) (also known as perinatal asphyxia) is a type of brain injury that results when the supply of blood and oxygen to a baby’s brain is temporarily cut off during childbirth.

Any discussion of how much money a medical malpractice case in Maryland is worth begins with our cap on non-economic damages in malpractice.

The pain and suffering cap for 2024 in Maryland medical negligence cases is $905,000.  This same $890,000 cap applies to wrongful death cases where there is only one surviving family member.

If there are two or more surviving family members, then the non-economic damage cap rises to $1,131,250.  The cap applies to the year the negligence or death occurred, so it will be less for incidents before 2024.   (Click on the first link above to see the malpractice cap in Maryland for each year.)

You are hurt. You are having a baby.  You need surgery.  You were in a car accident. You want to pick the best possible hospital in Maryland to treat you, right?   To make the right choice, you need some idea of the quality of the hospital that is treating you.

The Leapfrog Group, a non-profit watchdog organization, conducts biannual analysis and provides safety grades of health care systems found in each state across the country.  Hospital ratings are like looking at Consumer Reports.  Are they perfect?  Not even close.  Will you get more by looking at hospital ratings than an hour of independent research on your own?  I think you absolutely will.

This page will provide the latest Leapfrog ratings for Maryland hospitals as of 2024.

The conversation surrounding the #MeToo movement on social media has made many reconsider inappropriate behavior inside and outside professional environments. The much-publicized trial of disgraced former USA Gymnastics doctor Larry Nassar – and his conviction on seven counts of sexual abuse– she’d light on the kind of incidents experienced by many female patients. Here’s what you need to know about sexual assault by a treating medical professional.

Sexual assaults by doctors are not necessarily medical malpractice claims.  They are assaults.  But when we have these cases, we will likely file them as malpractice cases.  The defenses are often grounded in malpractice, and we often bring negligence claims against the medical practice or hospital for not properly supervising the doctor in light of prior complaints against the doctor.

Our doctor sex abuse lawyers have a sexual battery case in a suit now where the doctor required a chaperone due to prior allegations, but one was not provided to our client.  The doctor eventually lost his medical license.

This post will go over some basic legal concepts that you need to know about doctor-patient confidentiality.

Confidentiality between patients and physicians is a fundamental tenet of modern healthcare and medical practice. Knowing that your doctor will keep your personal information confidential is absolutely necessary for effective medical evaluation, diagnosis, and treatment. Patients would only feel free to disclose certain things to their doctors with this safeguard.

Most people are generally aware of the concept of doctor-patient confidentiality law. We sort of just expect our doctors to keep our personal information confidential, and we understand that some ethical rules require them to do that. But few people are very familiar with the legal underpinnings of doctor-patient confidentiality. Confidentiality is more than just an ethical ideal that physicians are supposed to adhere to for their patients. Patients have an affirmative legal right to confidentiality. Most states have statutory laws protecting patient confidentiality.

Meconium is the baby’s first bowel movement. It is probably not what you expect. These first feces consist of debris, cells from the intestinal tract, mucus, and slimy fluids. Meconium is green and has no smell.

What is Meconium Aspiration Syndrome?

Meconium Aspiration Syndrome (MAS) causes respiratory distress as a result of meconium entering the respiratory tract below the vocal cords and presenting in the tracheal bronchial tree. When the baby makes an attempt to breathe in utero, before the baby is delivered, the baby can inhale meconium material into the lungs. The fear is the meconium blocking the airways.  Oxygen is critical to life for all of us.  But, during the birthing process, it is critical to have a smooth flow of oxygen to the brain and other vital organs.

If you are bringing a birth injury lawsuit, you find out pretty quickly that the birth injury lawsuit process is a complicated maze.  It is a lot to absorb.  I wrote this post to explain to you what you can expect when you file a birth injury lawsuit.

Each birth injury malpractice lawsuit involves unique facts and circumstances, but they all go through the same process in the court system. Understanding this process and what to expect during each stage can help you feel more comfortable and eliminate some of the anxiety that often comes with being a plaintiff.

Bringing a birth injury lawsuit in Maryland can be mentally and emotionally difficult for most parents.  Having a good birth injury lawyer that cares and understands what getting justice for your child is all about can make a huge difference.  This page will walk through the progression of a birth injury lawsuit from begging to end.

In Thomas v. Shear, the Court of Appeals held in an unreported opinion that a malpractice claim alleging a surgical clip was left inside a patient in 2000 was barred by the statute of limitations. Although the surgical clip was not actually discovered in the plaintiff’s body until 14 years later, her own expert witnesses offered testimony suggesting that her statute of limitations began to run in 2006 at the latest.

Facts of Thomas v. Shear

This medical malpractice case began in May 2000.  The plaintiff underwent a surgical procedure performed by the defendant surgeon at GBMC.