Maryland IV Infiltration Lawsuit

Hylton v. St. Joseph Medical Center

This is an IV infiltration injury case filed on behalf of a Baltimore County man. This case was filed in Health Claims Arbitration on February 10, 2016. It is the 50th medical malpractice case filed in 2016 in Maryland.

Summary of Plaintiff's Allegations

The Plaintiff is hospitalized at St. Joseph Medical Center in Baltimore County from February 15, 2013, through February 28, 2013. During this time, he sustains IV infiltration injuries to his right arm due to the Health Care Providers failing to place an IV properly and failing to monitor after the infiltration. He has permanent scarring as a result.

During his stay at St. Joseph, none of the medical staff personnel obtained a fully informed consent from the man before the insertion of the IV. It is surprising the patient did not sign an informed consent unless there was an emergency reason for not doing so. But this is unlikely to be a big deal in this case.

Due to the infiltration injury, the Plaintiff requires additional surgery to repair it the injuries. The Complaint is very vague on the details.

Additional Comments
  • What is IV infiltration? What usually happens is there is a movement of liquid that should go completely into a vein that instead goes into the soft tissues that surround the vein. It is called extravasation.
  • All intravenous therapy carries the risk of infiltration of injury to surrounding tissue. Like any other treatment, doctors have to balance the risk and benefits of whether to give an IV, the type of IV site chosen, and the medications, fluid, and chemicals to be administered. IV infiltrations, extravasation (fluid leakage), and tissue injury are known risks to IV treatment.
  • Most IV infiltrations are not viable medical malpractice claims. If you are a victim reading this, you need to know that the vast majority of these cases that go to trial end with a defense verdict. If a medical malpractice lawyers specialized in these cases, that firm would not last very long. But there are meritorious cases. When you see a meritorious case, you will usually see an expert report filed with the lawsuit - which is the best practice - explaining why the case is different. We did not get that here.
  • The best malpractice IV infiltration cases are typically going to be the failure to monitor after infiltration cases. There seem to be allegations of that in this case.
  • The lawsuit claims this is a res isps loquitor case. It is most certainly not. The idea that an IV infiltration injury cannot occur in the absence of negligence is simply not true.
Jurisdiction Defendants
  • St. Joseph Medical Center, Inc.
  • University of Maryland St. Joseph Medical Center
  • University of Maryland St. Joseph Medical Center Foundation
  • University of Maryland Medical System Corporation
  • University of Maryland Medical System Foundation
Hospitals Where Patient was Treated
  • St. Joseph Medical Center
  • University of Maryland St. Joseph Medical Center
  • University of Maryland Medical System Foundation
Negligence
  • Patient receiving IVFailed to obtain a fully informed consent before treatment, resulting in medical battery
  • Violated the standard of care
  • The infiltration injury received by the patient was only something the Health Care Providers could have controlled
Specific Counts Pled
  • Failure to obtain a fully informed consent and medical battery
  • Medical malpractice
  • Res ipsa loquitor
  • Vicarious liability
Plaintiff's Experts and Areas of Specialty
  • Not filed yet. Plaintiff has not filed a request for an extension of time either.
Defendant's Experts and Areas of Specialty
  • None filed yet.
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