Articles Posted in Medical Malpractice

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 2023 in Maryland medical negligence cases is $875,000.  This same $875,000 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 $1,093,250.  The cap applies to the year the negligence or death occurred, so it will be less for incidents before 2023.   (Click on the first link above to see the malpractice cap in Maryland for each year.)

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 not feel free to disclose certain things to their doctors without 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.

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.

What is Hypoxic Ischemic Encephalopathy (HIE)?

Encephalopathy is a medical term used to describe various conditions or diseases that result in damage to the brain. Hypoxic-ischemic encephalopathy (HIE) is an injury to the brain specifically caused by a combination of (a) an interruption or reduction in oxygen supply (hypoxia), and (b) a reduction of blood flow (ischemia). With perinatal HIE, the reduction of blood and oxygen flow to the baby’s brain takes place during or immediately after childbirth. It is a very dangerous condition that requires an emergency response by doctors and hospital staff. Hypoxic-ischemic encephalopathy is one of the leading causes of infant deaths during childbirth. It is also a leading source of very severe and disabling brain damages.

HIE Birth Injury Cases

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.

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 with a Limb

Maryland nursing home lawyers have been battling arbitration clauses for years. These clauses deny nursing home residents the right to take nursing homes to court for harm that they cause to the residents such as physical abuse and neglect and sexual assault.

Almost everyone realizes nursing homes force these agreements on residents as a precondition of admission. They are just not fair.

In 2016, the Maryland Court of Special Appeals decided Peeler v. FutureCare, which was a Miller & Zois case. In this case, FutureCare tried to use the arbitration clause to prevent a wrongful death claim. Our firm won at the trial level and won before the appellate court, making new clear law that a nursing home agreement cannot compel wrongful death beneficiaries to arbitrate. This new case pushes Maryland law further from enforcement of these Draconian agreements.

Defense lawyers in love blaming empty chairs.  A jury trial is about assigning blame and the easy out for the defense is to get the jury to blame another doctor who is not named at trial.  (This is also why plaintiffs’ lawyers get maligned over naming too many defendants — sometimes there is no choice.)

Usually, the doctor’s lawyer will not provide expert testimony to blame the doctor.  Normally,  the allegation is made indirectly with the hope that the jury blames a non-defendant doctor on their own.

This is a good strategy.  Jurors like reaching their own conclusions without getting beat over the head and most malpractice defense lawyers do not blame the empty chair directly for fear of running afoul of Maryland law.

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.

Leapfrog has done so since 2012. But the Leapfrog rankings excluded Maryland until 2017, which I talk about at the end of this post for those who are interested.