Maryland Accident Law Blog

A botched 911 call and the alleged failure by Anne Arundel County police to immediately help an unconscious woman at the scene of a medical emergency are two of the reasons cited in the Maryland wrongful death lawsuit filed by the family of Asha Clark. The 22-year-old mother of five died last summer.

According to the Anne Arundel County wrongful death complaint, on June 25, 2009, Clark’s boyfriend Maurice Brown called 911 because she was having a seizure. He says that he was placed on hold for three minutes. Clark fell unconscious. Police eventually arrived at the apartment building, but rather than tending to her immediately they first stopped to arrest someone in the hallway for allegedly dealing drugs.

Errors or negligence on the part of a 911 operator, paramedics, police officers, or fire fighters that arrive at the scene of a medical emergency can prove catastrophic. A 911 dispatcher neglecting to send emergency help right away or Maryland paramedic malpractice are just some reasons the entity that they work for might be sued for Maryland personal injury or wrongful death.

It was just in 2006 that the family of Yvette Beakes settled its Maryland wrongful death case with Anne Arundel County. The 26-year-old woman was kidnapped and murdered by the occupants of the van that rear-ended her vehicle on August 8, 2001. Someone called 911 but because of human error and a computer software mistake, the data was linked to an earlier 911 hang-up call. As a result, police were never notified about the attack and no one went searching for her.

Beakes' body was found in Baltimore the next day. The Glen Burnie wrongful death complaint contends that if police had gone looking for her, they may have found her before she was killed.

Lawsuit blames 911 for death of woman, HometownGlenBurnie, July 31, 2010

Murder victim's family sues county Suit claims 911 center, BNET, June 22, 2005

Related Web Resources:
Anne Arundel County, Maryland

Summary of State Wrongful Death and Intestacy Statutes, Justice.gov (PDF)

Jessica Young and Antoine McLeod are accusing American Radiology Services, Dr. Karen Y. Perkins, and the Johns Hopkins Health System Corp. of Maryland medical malpractice. In their $20 million wrongful birth lawsuit, the Baltimore couple is claiming that a medical record mixup prevented them from receiving information about their baby’s birth defects that could have allowed them to decide whether they wanted to terminate the pregnancy.

Antonio Jesse McLeod was born prematurely last year with a number of birth defects, including a hole in his diaphragm. Also, his stomach was in his chest cavity.

According to the family’s medical malpractice complaint involving Maryland injuries to a minor, the abnormalities were visible in a sonogram performed by American Radiology Services months before the baby was born but that the radiology testing company sent the test results to the wrong doctor. Another Dr. Perkins and not the Dr. Perkins who was Young’s obstetrician received the results. Because of this mistake, Young's Dr. Karen Y. Perkins never saw the sonogram and thought the baby was healthy and the couple were never notified that their child was going to be born with any serious birth defects.

It wasn’t until just days before Antonio was born that a new sonogram showed there might be a problem. An ultrasound confirmed the birth defects. Antonio was born on July 18, 2009.

Following Antonio’s delivery, he was placed on a ventilator, suffered liver and kidney failure, and the hole in his diaphragm had to be repaired. The family’s Baltimore medical malpractice lawyer says that Antonio will likely require a “lifetime of care” that could cost the family over $20 million. The Maryland injury lawyer contends that if the couple had known about their son’s birth defects, they could have made an informed decision over whether to continue with the pregnancy.

Maryland Wrongful Birth
Parents whose doctors failed to diagnose or warn that their unborn child may be suffering from a congenital or genetic disability may have grounds for filing a Maryland wrongful birth complaint if this negligent act deprived them of informed consent and the ability to choose whether or not to terminate the pregnancy. These parents can pursue financial compensation for the costs that come with caring for a child with serious disabilities.

Baltimore parents file $20M lawsuit for wrongful birth, Dolan Media Company, June 21, 2010

A jury has awarded Victoria Little a $3.5 million Harford County surgical malpractice verdict in her case against Vascular Surgery Associates and two surgeons. The 53-year-old woman claims that she was injured in 2007 when the doctors performed an improper grafting technique during her surgery to treat her blocked arteries.

According to Little’s Maryland medical malpractice lawyers, the doctors' negligence and improper surgical technique caused her blood pressure to drop for a prolonged period of time, which deprived her organs and tissue of oxygen. She developed a spinal cord injury, lost 5,100 milliliters of blood, and is now a paraplegic. Little says that she still experiences constant pain.

The verdict awards Little $2 million for future medical costs, $1.3 million for noneconomic damages, and over $200,000 for past medical expenses. However, the state's pain and suffering cap is $680,000.

Maryland Medical Malpractice
Patients injured as a result of medical mistakes have three years from when the injury was discovered or five years from when the mistake caused the injury to file their Maryland medical malpractice lawsuit against the responsible parties. If a patient dies as a result of medical negligence, then the victim’s dependents have three years to file their Maryland wrongful death complaint. If the claimant is younger than age 11, then the statute of limitations usually doesn’t begin running until the victim turns 11.

Surgical Malpractice
Maryland surgical malpractice occurs when a surgeon makes a mistake or doesn’t provide the patient with a standard level of care. Surgical mistakes can lead to catastrophic consequences. About 225,000 people in the US die every year from surgical malpractice.

Jury awards woman $3.5 million malpractice verdict, The Baltimore Sun, May 14, 2010

Belcamp woman suffered 'devastating' injuries, ExploreHarford.com, May 14, 2010

Related Web Resources:
Medical Malpractice and Surgical errors/complications, Wrong Diagnosis

Medical Malpractice Basics, Nolo

Aortobifemoral Bypass, HealthSquare.com

The Maryland Board of Physicians is permanently revoking Miguel Frontera’s license to practice in the state. The decision comes after the state board found that the psychiatrist engaged in inappropriate contact with about a dozen pre-teen boys in his care. Baltimore County police say that they are conducting a criminal investigation into the allegations.

The board had initially suspended Frontera’s license last year for alleged improper behavior when conducting physical exams on five boys, ages 10 – 12, between 2000 and 2009. For example one boy, age 17, told a crisis interventionist at his high school that the psychiatrist molested him during several visits when he was 11 or 12. A police report was filed in 2006 over the incidents that allegedly took place in 2000 and 2001. In March 2009, the parent of a second boy filed a police report accusing Frontera of molesting the teenager during a physical exam when he was 10.

Both alleged victims had sought treatment from the psychiatrist for suspected attention deficit hyperactivity disorder. They claim that Frontera made them wear hospital gowns so he could look at their genitals. At the time the allegations were first made, police said that they were not considered to be at the criminal level.

However, Baltimore Police say that they reopened the investigation because of new information that they’ve received. Meantime, Frontera is maintaining that all of the allegations against him are false.

Psychiatric misconduct or his/her failure to provide a patient with a minimum standard level of care can be grounds for a Maryland psychiatric malpractice lawsuit. Examples of this type of medical malpractice:

• Wrong diagnosis
• Medication mistakes
• Breach of privacy
• False imprisonment
• Failure to provide the proper treatment
• Emotional abuse
• Mental abuse
• Sexual relationship with the patient
• Sex abuse

Towson psychiatrist loses license over improper contact with boys, The Baltimore Sun, May 18, 2010

Towson psychiatrist's license suspension upheld, Towson Times, November 20, 2009

Related Web Resources:
Maryland Board of Physicians

Psychiatric Malpractice: Basic Issues in Evolving Contexts, Psychiatric Times

Continue reading "Maryland Medical Malpractice?: Psychiatrist’s License Permanently Revoked for Alleged Inappropriate Contact with Boy Patients" »

A Maryland jury has awarded the family of Thomas Murphy $1.44 million for his Baltimore County wrongful death. Murphy died of sepsis on June 11, 2007, one day after he was admitted to St. Joseph Medical Center.

Murphy’s family is alleging Maryland medical malpractice. They claim that the 59-year-old did not receive the proper medical care.

According to ABC-2.com, despite having Murphy undergo several tests, including a CAT scan and an X-ray, doctors did not diagnose him as suffering from sepsis. Instead, Dr. Richard Murphy, one of the defendants, thought the patient was suffering from an infection and prescribed a broad-spectrum antibiotic before admitting him to the hospital.

Other wrongful death defendants in this case include the hospital and two other doctors.

St. Joseph’s has recently come under fire over heart stents that may have been unnecessarily implanted in hundreds of people. More than 530 patients may have been affected.

A number of patients have come forward complaining that Dr. Mark Midei told them they had coronary blockages that were severe when the blockages actually were either too minor to require the insertion of a permanent stent or didn’t even exist. A number of Baltimore County medical malpractice lawsuits have already been filed over these mistakes.

Wrong Diagnosis
Incorrect diagnosis of a patient’s health issue can cause a complications, infections, or death, and may result in unnecessary surgeries, implants, or other invasive medical procedures. If you are the victim of delayed diagnosis, failure to diagnose, or wrong diagnosis, you may have grounds for filing a Maryland medical malpractice case.

$1.44 Million Awarded in Sepsis Death Case, ABC2, March 31, 2010

Jury awards $1.44 million to family of patient who died of sepsis at St. Joseph, Baltimore Sun, March 31, 2010

Maryland Medical Malpractice?: 369 Patients May Have Received Unnecessary Stents, Maryland Accident Law Blog, January 18, 2010

Related Web Resources:
Wrong Diagnosis

Sepsis, National Institutes of Health

A Maryland jury has awarded Brooke Greenberg $250,000 for Baltimore medical malpractice injuries she sustained while at Johns Hopkins Children's Center after she underwent a medical procedure to replace her feeding tube in 2007. The Reisterstown teenager is known internationally for never aging past infancy, despite the fact that she is 17-years-old.

After she was discharged from the hospital, her home nurse and parents noticed that there were bruises on her legs and arms. Her parents sued for Maryland medical malpractice involving injuries to a minor on her behalf.

Last week, a Baltimore city jury found the famous hospital in breach of the standard of care when Greenberg was inappropriately restrained after the surgery. They awarded her damages for the emotional trauma and physical pain she suffered.

The hospital is debating whether to appeal the jury verdict. Hospital officials claim that Greenberg was suffering from a disorder that caused spontaneous bruising. However, the jury determined otherwise.

Greenberg has never developed past infancy. Scientists are trying to determine the cause of her mysterious condition.

Hospitals are supposed to provide each patient with the standard of care. Failure to meet that standard of care or deviating from that standard can be cause for filing a Maryland personal injury or wrongful death lawsuit if the patient gets hurt, suffers emotional trauma, or dies.

Medication mixups, poor sanitation, surgical errors, inappropriate restraints, wrong diagnosis, delayed diagnosis, anesthesia errors, nursing negligence, failure to check vitals, and failure to do follow-ups following procedures are some of the reasons why people have sued for Maryland medical malpractice.

Hopkins weighs appeal of verdict in girl's bruising, The Baltimore Sun, February 10, 2010

Duly noted: Girl who doesn’t age wins suit against Johns Hopkins, MDDailyRecord, February 15, 2010

Related Web Resources:
Johns Hopkins Children's Center

The Curious Case of Brooke Greenberg: 16-Year-Old Has the Body and Mind of a Toddler, FoxNews, August 7, 2009

What should have been a routine laparoscopic surgery has proved fatal for Rep. John Murtha of Pennsylvania. The 77-year-old died from complications when doctors “hit his intestines” during the minimally invasive gallbladder procedure at National Naval Medical Center in Bethesda. His intestine was damaged and an infection developed.

Murtha has been the Pennsylvania’s 12th Congressional District Representative since 1974 and was number eight in the chamber in terms of seniority. He was the first Vietnam War veteran elected to the US Congress. In 2005, he shocked Washington when he called for the US to withdraw from Iraq.

Murtha leaves behind his wife and three children.

Maryland Surgical Malpractice
If doctors made a medical mistake that caused Murtha’s health complications, the congressman’s family may have grounds for filing a Maryland medical malpractice lawsuit against the hospital and the medical professionals involved in the gallbladder surgery.

Laparascopic gallbladder surgery
Laparascopic gallbladder surgery involves the removal of the gallbladder without having to open the abdominal cavity. During this minimally invasive procedure, a small incision is made and a trocar is inserted. A video camera and small surgical tools are inserted using the trocar so the surgery can be conducted. Surgeons can watch the surgery on a monitor that airs what the video camera inside the body is recording.

It is important that a surgeon cut or clip in the right places in order to safely remove the gallbladder. Cutting the wrong anatomical part can cause serious injury or death. Other serious side effects include bile peritonitis, bile leakage, abscess, cholangitis, and infection.

Surgeons can be held liable for Maryland surgical malpractice if their medical mistake, carelessness, or recklessness causes personal injury or wrongful death to a patient.

Congressman: Murtha's intestine damaged in surgery, Washington Post, February 8, 2010

Rep. John Murtha dies after surgery complications, CNN, February 8, 2010

Related Web Resources:
Laparascopic gallbladder surgery, FamilyDoctor.org

Medical Malpractice, Justia

Continue reading " Rep John Murtha Dies Surgical Complications After Doctors “Hit His Intestines”" »

Following an internal review, a Towson hospital has notified 369 patients that stents may have been unnecessarily implanted in their arteries. St. Joseph Medical Center conducted the probe after a number of patients complained and at the request of federal investigators. The hospital is under investigation for health-care fraud.

According to the Baltimore Sun, there were patients at St. Joseph who underwent the procedure even though the blockage in their arteries was minor. For example, one man who received a stent only had 10% blockage, but the hospital told him that the blockage was 95%. Another woman was wrongly diagnosed with a heart condition and received a stent because she was told her arteries had a 90% blockage. In fact, the blockage was no more than 10%.

Cardiac Catheterization
Coronary stents are used to open up clogged arteries or create a bridge where there is damage. Stents are usually implanted during cardiac catheterization. During this medical procedure, the device can be implanted into the arteries through the leg and via the bloodstream. Cardiac catheterization can be costly, and many insurers, as well as Medicare, require that an artery must have at least 70% blockage before a stent can be inserted. Although generally a safe procedure, serious health complications, such as infection, bleeding, blood vessel damage, allergic reaction, blood clots, heart attack, stroke, arrhythmias, low blood pressure, and kidney damage, can occur.

If you were wrongly diagnosed with an illness or health condition, were advised to undergo a medical procedure you did not need, were given the wrong medication, or if a medical mistake occurred during treatment, you may have grounds for filing a Maryland medical malpractice lawsuit against those responsible.

Undergoing any type of medical procedure can take a physical and emotional toll on a patient. There is no reason to undergo an unnecessary procedures that can place your life at risk, take an emotional and physical toll on you, and require time off for recovery.

Md. heart patients may not have needed stents, Washington Post/AP, January 15, 2010

Patients learn they might have unneeded stents, Baltimore Sun, January 15, 2010

What Are the Risks of Cardiac Catheterization?, National Heart Lung and Blood Institute

Related Web Resources:
St. Joseph Medical Center

Cardiac Catheterization, American Heart Association

Continue reading "Maryland Medical Malpractice?: 369 Patients May Have Received Unnecessary Stents " »

Psychiatrist Nelson H. Hendler is defending himself in a case brought by a former patient who says that he sexually abused her. This is not the first accusation against the once prominent physician, who lost his license to practice medicine in February 2006 after the Maryland Board of Physicians determined that he committed sexual misconduct against several patients and gave out medication even though he didn't have the proper permit.

The woman who brought this case claims that Hendler acted with her the way he did with his other patient victims. He allegedly convinced a number of patients that he was the only person who could help them and then took sexual advantage of them. Hendler is also accused of giving medication to women, even those who didn't have prescriptions for the drugs, in exchange for sexual favors. Hendler has already settled a number of Maryland injury lawsuits against him from some of the women that are alleging medical malpractice and sexual abuse.

In 2007, Hendler submitted an Alford plea to one count of possession with intent to distribute drugs. The psychiatrist acknowledged there was enough evidence to convict him but did not plead guilty. He received a probation sentence before judgment, which caused a conviction to be staved off.

Medical Malpractice
Sexual abuse is a crime. Medical professionals can also be held liable for Maryland medical malpractice if they commit sexual abuse, molestation, sexual assault, or rape while treating a patient. Other examples of Maryland psychiatric malpractice include:

• Wrong Diagnosis
• False imprisonment
• Breach of privacy
• Mental abuse
• Medication errors
• Emotional abuse
• Wrong treatment

Trial begins for psychiatrist accused of sexual misconduct, The Baltimore Sun, December 2, 2009

Baltimore Doctor Accused Of Sexual Abuse, WJZ, February 15, 2006

Related Web Resources:
What is psychiatric malpractice?, Power2u.org

Medical Malpractice, Nolo

Robert Williams, 43, is suing Franklin Square Hospital Center’s emergency room for Maryland medical malpractice. Williams, who is a diabetic with a history of abscess infections and diabetes, had to undergo emergency surgery to remove necrotic tissue from his scrotum and penis. In his Baltimore County medical malpractice lawsuit, Williams claims the procedure could have been avoided if ER workers had checked his medical history, performed the right exam, provided the correct antibiotic therapy, and admitted him to the hospital when he arrived at the emergency room in February 2007.

At the time, Williams was in pain because the left side of his scrotum was swollen. His doctor told him to go to the ER.

At Franklin Square Hospital Center, medical workers diagnosed him as suffering from testicular pain. They gave him medication, triaged him, and sent him home.

Williams’s symptoms grew worse and he developed an allergic reaction to the antibiotics that were prescribed to him. He went to another hospital’s emergency room. A complete exam showed that gangrene had infected his scrotal tissue and the base of his penis.

Williams was forced to undergo emergency surgery. Part of the procedure required that his testicles be inserted in pockets cut into his inner thighs. Skin grafts sealed the pockets and covered the hole that remained in his penis.

Williams says that in addition to the severe physical pain and suffering, disfigurement, and mental trauma he has endured, the medical mistake has caused his marriage to suffer permanent damage.

Failure to Diagnose
Not properly diagnosis a patient or delaying diagnosis of a serious condition can lead to catastrophic consequences. Not only does this decrease the chance of recovery, but a patient who receives a delayed diagnosis or the wrong diagnosis may have to undergo more invasive procedures and more rigorous therapies. In some cases, no diagnosis or delayed diagnosis or a misdiagnosis can lead to death.

Hospital emergency rooms can be held liable for Maryland emergency room medical malpractice if error, carelessness, or recklessness results in a patient not receiving the proper care.

Man Says ER Negligence Led to Penis Surgery, CourthouseNews, October 9, 2009

Related Web Resources:
Wrong Diagnosis

Medical Malpractice, Nolo

Testicle Pain, Mayo Clinic

Maryland’s highest court is going to review the constitutionality of the state’s personal injury noneconomic damages cap. This court hasn’t done this since 1995. Currently, the cap for a plaintiff’s pain and suffering is $725,000.

The Maryland wrongful death case that brings the noneconomic damages cap issue to the state’s highest court is the one involving the parents of 5-year-old Connor Freed. The young boy drowned in 2006 in a country club swimming pool in Anne Arundel County in 2006.

A jury awarded his parents, Debra Neagle Webber and Thomas Freed, over $2 million for his drowning death. Because of the Maryland personal injury cap, which was $665,000 when their son died, their wrongful death award would go down to $1.3 million.

The judge presiding over the Anne Arundel County wrongful death case wouldn’t let the jury consider whether the boy experienced “conscious pain and suffering” before his death. The Court of Special Appeals, however, reversed the decision.

While the Court of Appeals hasn’t reviewed the noneconomic damages gap for some time now, the court recently rejected a claim that the cap does not apply to cases filed under Maryland’s Consumer Protection Act. In November, it will look at the cap for medical malpractice compensation in the wake of a Montgomery County judge’s decision that it only applies to cases filed through the arbitration process.

The latter case involves the $5.8 million Montgomery County medical malpractice verdict awarded over Richard H. Semsker’s wrongful death. If Semsker’s melanoma had been treated when it was just a small mole on his back, the cancer might not have gone to his brain. Instead, doctors failed to treat the growth for years.

If the Court of Appeals were to reject the argument that Maryland’s medical malpractice cap only applies to cases that went through voluntary arbitration, then the Montgomery County wrongful death verdict awarded to Semsker's family would go down by more than $2 million.

Court of Appeals takes cap battle, The Daily Record, October 5, 2009

Medical jeopardy, Baltimore Sun, October 18, 2009

Related Web Resources:
Judge: Malpractice Caps Don't Apply to Jury Trials, Renalandurologynews.com, July 20, 2009

Medical Malpractice, Justia

The family of a 51-year-old patient who died after undergoing lung transplant surgery at the University of Maryland Medical Center is suing the hospital and subcontractor Coalition of Perfusion Services for his wrongful death.

Bryan Harris’s family claims that he died because a contract worker at UM Medical Center made a mistake when taking a clamp off after his June 2008 surgery. As a result, they contend that his blood had to be drained into a bucket.

Harris’s family says they were at first told that he died of natural causes and that the hospital told the medical examiner’s office that the patient died because of “multiple system organ failure.”

The surgeon’s report, however, shows that the clamp was taken off following surgery. It wasn’t until later that the medical examiner’s office changed Harris’s cause of death to acute blood loss.

Maryland Medical Malpractice
While it is important for surgeons and other staff members to exercise great caution when performing surgery, nurses, medical specialists, doctors, and others must also make sure that they do not make medical mistakes while caring for a patient after an operation.

Postoperative care should begin as soon as surgery is over. It is essential that medical workers monitor a patient’s condition, including their vitals, and check to make sure that they are properly regaining consciousness when it is time for them to wake up. Follow-up medical care may even be required after the patient has been discharged from the hospital.

Post-operative care mistakes can lead to deadly infection, blood clots, a pulmonary embolism, a stroke, a heart attack, sepsis, or other serious conditions.

It is important that the Maryland medical malpractice law firm that you retain to handle your case has the experience and resources to properly represent you so that you maximize your chances of obtaining the full financial recovery that you are owed.

Family sues UM Medical Center in death, The Baltimore Sun, July 30, 2009

Related Web Resources:
Medical Malpractice and Surgical errors/complications, Wrong Diagnosis, August 12, 2009

University of Maryland Medical Center

In the last year, hospitals in Maryland, the District, and Virginia have reported hundreds of medical incidents that have resulted in serious medical harm or death. That’s because new laws that went into effect in 2008 require these hospitals to notify health regulators about serious injuries sustained by patient during treatments. Health experts call these incidents “never events” that never should have happened.

Examples of some of the hospital errors that have been reported include medication mistakes, fall accidents, operations on the wrong body parts, and leaving surgical tools inside patients.

According to Maryland health regulators, insurers paid $522 million in 2008 for preventable complications in 55,000 of 800,000 inpatient cases that took place in hospitals. Now, some insurers are refusing to pay for a hospital's mistakes.

Beginning this month, the Maryland commission in charge of setting hospital ratings will let facilities that report the fewest amount of mistakes bill insurers at a higher rate, while hospitals with the most mistakes will have to bill a lower rate. Maryland hospitals also must come up with plans to prevent hospital mistakes from happening.

Between July 2007 and June 2008, clinics, hospitals, and nursing homes in the District reported 529 hospital mistakes—14 of which were fatal. IV-related infections, bedsores, and retained foreign objects during surgery were among the most common medical errors to occur.

Hospital Malpractice
Like all kinds of medical malpractice, hospital errors can be grounds for a Maryland medical malpractice or wrongful death lawsuit if a patient suffers serious injuries or dies as a result of a mistake that takes place in a hospital.

Examples of hospital mistakes:
• Medication mix-ups
• Wrong diagnosis
• Failure to provide the proper care
• Failure to properly monitor a patient’s vitals
• Failure to obtain informed consent
• Birthing errors
• Anesthesia errors
• Surgical mistakes
• Testing mistakes
• Delayed diagnosis
• Failure to prevent preventable infections

Hospitals Tally Their Avoidable Mistakes, The Washington Post, July 21, 2009

Medical Malpractice: When Can Patients Sue a Hospital for Negligence?, Nolo

Related Web Resources:
Maryland Hospital Patient Safety Program (PDF)

In Maryland, a jury awarded the family of Ryan Dineen $3,991,000 for their cerebral palsy lawsuit. Ryan is now 9.

His family’s Maryland cerebral palsy lawsuit accuses medical staff members at Frederick Memorial Hospital of medical malpractice related to Ryan’s birth in May 2000. Named as defendants in the civil complaint were the hospital, three nurses, and three doctors. However, the jury found only two doctors, Dr. Brian Raider and Dr. Edward Chen, negligent for Ryan’s birth injury.

According to the Maryland birthing malpractice lawsuit, Suzette Dineen, an Adamstown resident, was 36 weeks pregnant with Ryan when she was admitted to the Maryland hospital for vomiting, abdominal pain, and diarrhea. She claims that after she arrived at the hospital, staff members failed to properly monitor her baby’s fetal heartbeat.

The complaint contends that even though Rader, who was the emergency room doctor, and Chen, who is an obstetrician, were told about Suzette’s condition, both men never came to see her. It wasn’t until 3 hours after she arrived at the hospital that the medical team noticed that her baby’s heart rate was too low and they performed an emergency cesarean birth.

Ryan had no heart rate and wasn’t breathing when he was born. Doctors were able to revive him but he sustained permanent brain damage and lifelong disabilities and now suffers from cerebral palsy.

The Maryland jury awarded Ryan and his family $2,941,000 for medical costs—both past and future--$300,000 for pain and suffering, and $750,000 for lost wages.

Cerebral Palsy
The resources required to care for someone with cerebral palsy can be quite costly—especially if the person has had the condition since birth. Many people with cerebral palsy need full-time professional care and assistance to help them complete daily tasks. This is one reason why it is so important that you explore your legal options for recovery if your loved one has cerebral palsy because of birthing malpractice.

Frederick jury issues multimillion-dollar award in malpractice suit, Frederick News Post, June 3, 2009

Maryland Cerebral Palsy Lawsuit Results in $4M Award, About Lawsuits, June 3, 2009

Related Web Resources:
Cerebral Palsy, A Guide for Care

Cerebral Palsy and Special Needs Children's Organization

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Hess was suffering from eclampsia. The Maryland wrongful death lawsuit contends that the medical workers did not respond appropriately to her medical condition. It also notes a tape-recorded conversation between the former ambulance company chief and the dispatcher. The ex-chief can be heard making fun of the call for help and putting down the fire company. The plaintiffs say that the bad blood between the two companies led to EMS workers not responding fast enough to the medical emergency.

In 2007, a Washington County Circuit judge dismissed the lawsuit against the Washington County Commissioners, the Washington County Volunteer Fire and Rescue Association, and the dispatcher because he was a county employee at the time of alleged incident. These actions still left Smithsburg Emergency Medical Services, Tracey, and the medics with wrongful death and survival actions alleging willful conduct and gross negligence in the deaths of Hess and her son, as well as individual action counts alleging privacy invasion leading to unreasonable publicity that placed Hess in a false light.

Maryland Medical Malpractice
Emergency medics are supposed to respond appropriately to all medical emergencies. When failure to provide that standard of care leads to a patient’s condition getting worse, the parties responsible can be held liable for Maryland medical malpractice or wrongful death.

Eclampsia
Eclampsia is a serious condition that can occur in pregnant women. Symptoms can include coma or seizures. Eclampsia is treatable but can be fatal if not treated correctly or in a timely manner.

Maryland EMS Wrongful Death Suit Ends in Settlement, Insurance Journal, May 6, 2009

Wrongful death settlement under wraps, The Herald-Mail, May 5, 2009

Related Web Resources:
Smithsburg Emergency Services Inc.

Smithsburg Volunteer Fire Co.

Eclampsia, Emedicine

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

It wasn’t until 2006 that the mole was removed after Semsker’s wife saw that the mole had changed color. The delayed diagnosis led to Semsker being diagnosed with skin cancer that had now moved to other parts of his body. Semsker had to undergo surgery, radiation, and chemotherapy. He died in 2007.

Included in the verdict was $3 million for the anguish that Semsker and his family experienced while he was sick and after he died. If the judge had applied the cap, that portion of the award would have been reduced to $812,000. Judge Debelius, however, said the cap, under the 2004 Maryland Patient’s Access to Quality Health Care Act, provides exceptions for cases that were not first pursued through voluntary arbitration. He did, however, lower the award to $2.8 million because of a Maryland medical malpractice settlement that Semsker’s family reached with Dr. Marcus. Debelius’s decision does not bind other judges dealing with other cases.

Current Maryland medical malpractice cap:

• $665,000 for cases with one claimant
• $831,250 for cases with two claimants

Ruling: No cap applies, The Daily Record, April 21, 2009

Family wins malpractice suit against Silver Spring dermatologist, Gazette.net, November 19, 2008

Related Web Resource:
Skin Cancer Foundation

Is It Skin Cancer?, Skin Cancer Guide

A jury has ordered a US hospital to pay the parents of Sierra Wilson, a baby who sustained permanent brain injuries at birth, $4.4 million for birthing malpractice. According to the family’s medical malpractice lawsuit, Sierra, who was born in 2003, suffered a lack of oxygen during birth that caused her to sustain a permanent birth injury. She died in February 2008.

The complaint also contends that a nurse trainee assigned to her mother’s care at Piedmont Medical Center neglected to correctly monitor the fetal heart strips and, as a result, did not realize that Sierra was in fetal distress and needed to undergo an emergency procedure as soon as possible.

According to Sierra’s family, she was never able to talk, walk, or eat solid food throughout the duration of her short life and spent a great deal of time undergoing occupational therapy, speech therapy, and physical therapy. Her parents and two siblings say they worked hard together to take care of her.

Following the announcement of the jury verdict, the hospital expressed surprise at the outcome and continued to maintain that their staffers provided Sierra and her mother with quality care and acted appropriately at all times.

Cerebral Palsy
Cerebral palsy is a permanent condition that affects muscle coordination and body movement. Some signs of cerebral palsy include spasticity, inadequate muscle coordination when making voluntary motions, tight muscles, stiff muscles, a crouched gait, dragging one foot or leg while walking, and floppy or stiff muscle tone. Birthing errors made by medical staffers before, during, or right after delivery can sometimes result in a baby becoming afflicted with Cerebral palsy.

Couple Says $4 Million Verdict Is Justice For Late Daughter, WSOCTV.com, February 17, 2009

Jury awards $4.4M against hospital, Herald Online, February 17, 2009

Related Web Resources:
Cerebral Palsy

Birth Injuries

The family of a 7-year-old boy who suffers from cerebral palsy because of a brain injury he allegedly sustained during his birth will receive a $6.5 million medical malpractice settlement. Roberto Morales Jr. was born at Provena Mercy Medical Center on April 7, 2001.

According to the family’s medical malpractice lawyers, the boy’s attending obstetrician and labor and delivery nurse were negligent when they allegedly failed to respond fast enough to his decreasing heart rate and reduced oxygen flow after his mother was administered the drug Pitocin. Following his birth, Morales was flown to Advocate Lutheran General Hospital, where he stayed for a month. The medical malpractice defendants were Provena Medical Center, Dreyer Medical Group Ltd, Dreyer Clinic Inc., Advocate Health Care Network, and obstetrician Judson Jones.

Birthing Malpractice
Birthing errors can lead to an infant suffering permanent, debilitating, and costly injuries. If your son or daughter was injured during birth because a doctor, nurse, surgeon, obstetrician, or another medical professional was negligent, you may have grounds to file a birthing malpractice lawsuit.

Also this month, in another birthing malpractice case, a lawsuit was filed against Memorial Hospital, St. Louis University Hospital, and the physician who delivered Haley Overmeyer on January 9, 2005. Haley’s mother, Linda Overmeyer, claims medical errors during delivery are the reason Haley has cerebral palsy.

Linda claims Dr. William Keenan failed to appropriately resuscitate her daughter, ensure that she was correctly intubated, and correctly monitor her condition. Linda also contends that had Keenan provided mother and daughter with the appropriate level of standard medical care, Haley’s disability could have been prevented.

Hundreds of cerebral palsy lawsuits alleging medical malpractice are filed by victims' families every year.

Hospital to Pay $6.5M For Boy's Brain Injury, MSNBC.com, January 15, 2009

Memorial, SLU and doctor sued over child's cerebral palsy, The Record, January 5, 2009

Related Web Resources:

NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, CerebralPalsyInfo.org

A new study sponsored by the National Institute of Child Health and Human Development reveals that scheduling C-section deliveries for the sake of convenience can increase the risks of babies being born with serious complications. The study, in Thursday’s The New England Journal of Medicine, is the first-large scale examination of the dangers that can arise.

A closer look at over 24,000 full term babies showed that newborns delivered at 37 weeks via elective repeat Caesarean birth were two times more likely as babies born at the recommended 39 weeks of experiencing bloodstream infections, breathing issues, and other complications. Newborns born at 38 weeks had a 50% greater chance of suffering from such complications than babies born at 39 weeks.

Health authorities have expressed concern about the increase in C-section births in the US, which are reportedly at an all-time high. Over 1/3rd of US deliveries are Caesarean births. Different experts have attributed causes for this increase to different reasons. While a C-section birth may be the safest method of delivery for certain newborns and their mothers, there are pregnant women who elect to undergo the procedure for personal reasons. For example, a mother may be ready for the pregnancy to be over or a certain date for delivery may be more convenient than another birth date.

According to the study’s findings:
• Out of the 24,077 repeat Caesarean births between 1999 and 2002, 13,258 of these deliveries were elective, which means there were no medical reason why the C-section deliveries were performed.

• Over 15% of babies that were delivered at 37 weeks experienced health complications, including low blood sugar, breathing difficulties, infections, or other medical issues requiring intensive care.

• 11% of babies delivered at 38 weeks also experienced health complications.

The American College of Obstetricians and Gynecologists recommends that elective repeat C-sections take place no sooner than when the baby is 39 weeks old to make sure it is fully developed.

Birthing Malpractice
It is the job of your ob/gyn, surgeon, primary care physician or any other medical professional charged with your care during your pregnancy and delivery to make sure that you get the best medical attention and advice possible. When failure to provide these duties of care leads to birthing injuries or other complications, you may have grounds to fie a Maryland malpractice malpractice lawsuit.

Study: Early Caesarean Sections Raise Risk of Complications, Washington Post, January 7, 2009

Study: Elective C-section babies born before 39th week face risks, CNN, January 27, 2008

Related Web Resources:

The New England Journal of Medicine

National Institute of Child Health and Human Development

Continue reading "Study Shows Scheduling Early Caesarean Births for Convenience Can Increase Complication Risks" »

American College of Emergency Physicians has issued a report ranking Maryland #4 in the US for emergency care. While the state was awarded points for injury prevention and disaster preparedness, as well as an A for quality and providing a safe environment for patients and a B for injury prevention and public health, Maryland received a D – for its medical liability environment and a C- for emergency care access. The state’s average grade for medical emergency services was a B -, the same grade it received in 2006.

Grades were calculated based on data provided by each state. Washington DC, which also received a B-, was ranked second. Overall, the US received a C-. 90% of US states received failing or mediocre grades.

In Maryland, the ACEP found that crowded hospitals, coupled with not enough inpatient beds, was a problem. Also, there are not enough medical specialists in the state who can offer on-call emergency care. The report also found that Maryland did not enact adequate medical liability reform and that liability premiums and average malpractice damage amounts are above average.

The ACEP lauded Maryland for its emergency preparedness and its outreach to special needs groups. Another report by Trust for America’s Health and the Robert Wood Johnson Foundation gave Maryland a 5 out of 10 for its emergency preparedness during a disaster. Their report found that Maryland had failed to limit the liability of emergency health workers or maintain funding.

US Emergency Rooms
According to a recent USA Today article, not enough specialists, long waits, and overcrowding are some of the problems affecting emergency rooms in the United States. Recent emergency room facts:

- 56 minutes is the average wait time.
- There were 119 million hospital visits in 2006.
- 1 out of 5 Americans visited an emergency room in 2005.

US states, as well as medical facilities, hospitals, ER’s, doctors, nurses, medical specialists, and other providers of emergency care are supposed to provide the proper care to all patients. When failure to provide that care results in injuries or deaths, the responsible parties can be held liable for medical malpractice, personal injury, or wrongful death.

Md. Emergency Care Ranks Fourth in National Study, Southern Maryland Online, December 9, 2008

U.S. emergency rooms find ways to fix what ails them, USA Today, December 14, 2008

Related Web Resources:

American College of Emergency Physicians

Trust for America's Health

Continue reading "Maryland Receives B- Rating for Medical Emergency Care and is Ranked #4 Nationally" »