Maryland Accident Law Blog

A former Massachusetts dentist, Michael Clair, pleaded guilty to Medicaid fraud and a number of other charges stemming from allegations that he used paper clips while performing root canals instead of the stainless steel posts normally used. He will serve one year in jail. Medicaid reportedly suspended the 53 year-old dentist in 2002, but he continued to file claims under different names belonging to other dentists in his practice until 2005. Massachusetts suspended Clair’s dentistry license in 2006, and he is reportedly not currently licensed to practice in any state. He has resided in Maryland for several years.

Numerous patients also reported infections, pain, and other problems stemming from his treatments. One patient, a teenager, had to have his tooth removed after a root canal performed by Clair in 2005. The tooth turned black and caused him severe pain. The teen’s mother claimed that Clair also performed shoddy dental work on her other children.

Prosecutors accused him of defrauding Medicaid of around $130,000 for his claims made using other dentists’ names. They also charged him with assault and battery in connection with his root canal procedures and other practices, illegally prescribing medications, and witness intimidation. Clair reportedly pleaded guilty to all or most of the charges. Prosecutors had asked the court for a sentence of five to seven years. The judge sentenced him to one year in prison, citing Clair’s guilty plea and willingness to accept responsibility, his lack of a prior criminal history, and “certain mental health issues.” The judge did not elaborate on that last factor. Clair will serve his sentence at the Bristol County House of Correction in North Dartmouth, Massachusetts.

Clair’s use of paper clips in root canals is a particularly egregious breach of the trust placed in dentists by the law and by society in general. Dentists, just like medical doctors and other medical professionals, undergo a considerable amount of training and education. As a result, they are entrusted with a great deal of responsibility over their patients. A dentist has a duty to provide diligent and competent service to all his or her patients, and to obtain informed consent for all treatments and procedures. A root canal, known more formally as endodontic therapy, is a complicated procedure. Few laypeople understand how the procedure works, and tend to trust dentists to perform the work. Using common items like paper clips in the procedure in place of specially-designed materials intended for the procedure puts patients at unreasonable risk of infection and worse. This is a clear breach of a dentist’s duty of care.

Continue reading "Dentist Pleads Guilty to Medicaid Fraud, Using Paper Clips Instead of Dental Supplies" »

Hospitals often refer to tragedies that should not happen in a medical setting as “never events.” These may include patients dying during routine procedures or major medication errors. Saying that they should not happen does not mean that they do not, unfortunately, and few resources are available to track just how frequently “never events” occur.

Any effort to track this type of event is dependent upon reporting by hospitals and other medical providers, who often have both legal and business reasons to prefer not reporting. Hospitals may wish to keep such information private for fear that it could be used against them in litigation. While this may not be an unreasonable worry, it does nothing to alleviate concerns about public safety. Furthermore, any such information that directly pertains to a claim for medical malpractice should be relevant information available through discovery. It turns out that the discovery process may remain the main method for medical malpractice attorneys to obtain information on specific errors.

Hospitals may also cite fear of losing business as a reason to keep “never event” information private, as people would take their business elsewhere, or they might avoid care entirely. The argument that a patient might forgo care rather than risk seems reasonable to an extent, but the interest in having accurate information seems greater.

Finally, patient privacy laws may prevent reporting of specific information on errors. Privacy protections are available, through which hospitals can submit reports with redacted patient information.

Congress passed the Patient Safety and Quality Improvement Act of 2005 (PSQIA) in order to address some of these concerns, but the law does not directly address the issue of public availability of information. The law encourages hospitals to report dangerous conditions, adverse events, and near misses to a system of patient safety organizations (PSO), also created by this law. It also provides for confidentiality of what it defines as “Patient Safety Work Product.” The definition of Patient Safety Work Product is quite broad, encompassing almost all features of an error report, and disclosure is only permitted in strictly-defined circumstances. These circumstances do not seem to include litigation, except after an extensive process of “nonidentification.” The PSQIA also created a national database that allows information to be shared among the PSO’s, obviously subject to the strict disclosure requirements. However, the PSQIA does not require hospitals to report adverse events to the nearest PSO. All reporting under this law is strictly voluntary

Continue reading "When a "Never Event" Occurs at a Hospital, It Frequently Goes Unreported" »

The word “x-ray” may still conjure images of doctors standing before backlit panels reviewing transparent x-ray scans and arguing over diagnoses. This bears little resemblance to the reality of modern x-rays. In a practice known as teleradiology, doctors and hospitals outsource x-rays and similar procedures to companies who may be located on the other side of town or the other side of the world. Doctors and technicians employed by these companies review the x-rays and issue a report. This practice, while perhaps increasing efficiency, also increases risks of misdiagnosis or even simple miscommunication, with potentially serious consequences.

A recent article published by MSNBC tells the story of a Pennsylvania woman who went to the hospital on a Friday night in 2005 complaining of a severe headache. The emergency room doctor thought it might be a cerebral hemorrhage, a potentially fatal condition, so he ordered a CT scan. The hospital electronically sent the CT scan data to a radiologist located across the state. The radiologist diagnosed a possible tumor rather than a hemorrhage. Since a tumor was not immediately life-threatening, the hospital sent her home with painkillers.

The woman returned to the hospital by ambulance about seven hours later, in even worse pain. The ER doctor ordered a more detailed CT scan, which was sent to a different radiologist. While the radiologist had a Pennsylvania medical license, his office was in Hong Kong. The radiologist identified an abscess around the mass in the woman’s brain, a condition that is very frequently fatal if not caught in time. The radiologist did not note the significance of his finding, i.e. its likelihood to be fatal, in his report to the hospital. Another radiologist at the Pennsylvania company also noted the abscess but did not report its significance.

The woman went home again, and later collapsed when the abscess ruptured. She spent eleven weeks in a coma while doctors tried to drain the fluids from her brain. She survived with permanent brain damage affecting memory and daily functions. The hospital settled a lawsuit with her family for a confidential amount.

Continue reading "Outsourcing of Radiology Raises Concerns About Quality of Care" »

The parents of a 12 year-old boy who died in September 2010 from acute cardiac arrest have filed suit against the school district where the child was enrolled, the child’s P.E. teacher, and two doctors who treated him. The lawsuit alleges negligence against the school district and teacher for failing to exercise reasonable care in the child’s physical education, and it alleges that the doctors were negligent in their prescribed restrictions on the child’s physical activities.

The child suffered from hypertrophic cardiomyopathy, a condition that causes thickening of the heart muscle, according to court documents. This makes it more difficult for the heart to pump blood efficiently. The congenital condition can result in sudden cardiac arrest and death, and is a leading cause of heart-related death among young athletes. The lawsuit alleges that, while temperatures in Los Angeles were at a record high of 107 degrees in September 2010, the school and P.E. teacher required the child to participate in physical education classes. The school and teacher allegedly knew about the child’s heart condition. The child allegedly suffered cardiac arrest on the morning of September 28, 2010 during his physical education, while under the teacher’s supervision. He died shortly afterwards.

The primary claim of the lawsuit is negligence. To prevail on a claim of negligence, a plaintiff must prove four elements: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused injury to the plaintiff, and (4) plaintiff has suffered damages as a direct result. The plaintiffs have also claimed negligence by medical professionals, which is a higher standard of negligence. Ordinarily, a negligence claim requires proof of a duty of care for a reasonable person. Medical malpractice imposes a higher standard of care on doctors and other medical professionals because of their specialized training. Since the school district and teacher named in the lawsuit care for children in the course of their daily professional duties, a court might apply a higher standard of care to them than it might to a person not accustomed to dealing with children. The lawsuit specifically alleges failure to follow the requirements of Section 504 of the Rehabilitation Act of 1973, which addresses protection of children with disabilities.

Continue reading "Family Files Wrongful Death Lawsuit Against California School Over Death of 12 Year-Old" »

A jury has awarded the family of Lawrence Dixon $2.5 million for his Maryland wrongful death that was a result of Montgomery County medical malpractice. Dixon, 59, died on May 17, 2007 two days after he suffered a pelvic fracture during a fall accident.

According to the family’s Montgomery County wrongful death case, Dr. David Harding neglected to diagnose during an internal exam that the Lawrence man was bleeding internally. Signs his primary care physician should have noted were his failure to produce urine in 24 hours, low blood pressure, rapid heartbeat, and loss of lucidity. The plaintiffs say that because of this failure to diagnose, Dixon died from multiple organ failure.

Harding’s attorneys disputed these allegations, claiming that Dixon died from taking kayexalate, which is a drug that lowers high potassium levels. They said the medication cut off Dixon’s oxygen when it directly entered his lungs.

Of the $2.5 million wrongful death verdict, $1 million each will go to Dixon’s estate and his wife for non-economic damages. His kids get $250,000 each. However, because of Maryland’s non-economic damages cap, the total will likely be reduced to $812,500.

Failure to Diagnose
Failure to properly diagnose a patient’s condition can cause devastating consequences for a patient, whose life might have been saved or who could have avoided more invasive and painful treatments had he/she been diagnosed or treated right away. Failure to diagnose can occur when a doctor misses a diagnosis, misdiagnoses the condition, or doesn't immediately identify the health condition.

You want to work with an experienced Montgomery County personal injury law firm that knows how to successfully handle Maryland medical malpractice cases.

$2.5M awarded in medical malpractice case, The Daily Record, August 14, 2011

Medical Malpractice, Nolo

More Blog Posts:
Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage, Maryland Accident Law Blog, July 26, 2011

Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators, Maryland Accident Law Blog, February 22, 2011

Washington DC Medical Malpractice: Most Doctors Will Be Sued by Age 65, Says New England Journal of Medicine, Washington DC Injury Lawyer Blog, August 19, 2011

Our Baltimore nursing home abuse lawyers represent victims of Maryland nursing home negligence and their families. Nursing home operators should be held liable when abuse or poor care causes a patient to suffer serious injuries, illness, or death. For more information, please visit our Maryland Nursing Home Lawyer Blog for more information.

Unfortunately, incidents of nursing home neglect and abuse throughout the US are not uncommon. Recently, a jury awarded the family of one elderly woman $91.5 million in their nursing home negligence case blaming assisted living facility Heartland of Charleston, which is owned by HCR ManorCare Inc., for her wrongful death. HCR Manor Care is a Carlyle Group nursing home subsidiary.

According to attorneys for the plaintiffs, Dorothy Douglas’s health deteriorated to the point that she was near death during her three-week stay at the nursing home in 2009. By the time she was transferred to another facility, the 87-year-old woman, who suffered from Parkinson’s disease, dementia, Alzheimer’s, and several other conditions was unresponsive, severely dehydrated, and had lost 15 pounds. She died soon after.

The plaintiffs accused Heartland of medical negligence and of not having enough nurses on staff to properly care for Dorothy. A number of the nursing home’s former workers testified during the civil trial that it was impossible to give all patients the proper care that they needed. Employee turnover rate at Heartland in 2009 was reportedly 112%.

Heartland is owned by ManorCare Inc, which operates hundreds of US nursing homes. Of the $91.5 million verdict, $11.5 million is compensatory damages and $80 million is punitive damages.

Maryland Nursing Home Negligence
It is important that assisted living facilities have not just enough staff members but that they are properly trained and have the experience to give patients the care that they need. Making sure that a patient is properly fed, and hydrated is part of providing basic care. People who are sick and/or elderly cannot afford to become malnourished or dehydrated. These conditions can cause serious health complications and even deaths that could have been prevented were not for the negligent nursing care a resident received.

You want to work with experienced Owing Mills nursing home abuse and neglect lawyers that know how to prove that a facility and its staff were careless, reckless, or made mistakes.

Heartland must pay $91.5M in fatal neglect case, The Charleston Gazette, August 5, 2011

Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict, Bloomberg, August 8, 2011

More Blog Posts:
Nursing Home Sued in Two Different Wrongful Death Lawsuits, Maryland Nursing Home Lawyer Blog, July 25, 2011

Hospital to Pay $5.4M in Bedsore Injury Lawsuit, Maryland Nursing Home Lawyer Blog, July 19, 2011

Elder Financial Abuse Costing Victims Almost $3 Billion, Reports MetLife Mature Market Institute Study, Washington DC Injury Lawyer Blog, May 31, 2011

Our Baltimore medical malpractice lawyers represent families whose babies were injured before, during, or right after delivery. We know how devastating it can be to have an occasion as joyful as the birth of a child to be marred because an obstetrician, gynecologist, anesthesiologist, or another medical professional was negligent.

One of the more common injuries that can occur during delivery as a result of Maryland medical malpractice is the brachial plexus injury, which is also known as Erb’s Palsy. This type of injury can happen if traumatic stretching of the infant’s brachial plexus (this area runs from the spine to the muscles in the arms and shoulders and can also impact the arms and hands) occurs when trying to get him/her out. For example, if labor has gone too long or the baby is in breech or if his/her shoulder is stuck under the mother’s pubic bone or in the birth canal, his/her head may have to be pushed away from the shoulder while the arm is forced upward or the shoulder is pushed downward to get the baby out. If too much force is exerted, stretching or tearing of the baby’s nerve can occur and permanent and serious injuries (including partial or total paralysis) can result.

Just recently, a jury awarded a family $1.3 million against the doctor who delivered their child in 2006. In their birthing malpractice lawsuit, the couple claimed that their doctor could have performed a C-section or applied techniques other than excessive traction to free their daughter’s shoulder during birth. Because of her brachial plexus injury, she still isn't fully able to use her left arm.

Brachial plexus injuries can be avoided. Common reasons why they occur:
• Failure to properly estimate the baby’s weight and size
• Applying too much traction to the baby’s neck during labor
• Failure to properly monitor for fetal distress
• Failure to properly gauge whether/not baby’s shoulder can easily move through the birth canal

Jury awards $1.3 million in childbirth lawsuit against doctor, WCF Courier, July 20, 2011

Related Web Resources:
Brachial plexus injury, MayoClinic

What are Brachial Plexus Injuries?, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Birthing Malpractice Leaves Devastating Consequences for Parents and Child, Maryland Accident Law Blog, May 30, 2011

Can Maryland Birthing Malpractice Cause Autism?, Maryland Accident Law Blog, July 16, 2011

Maryland Birthing Malpractice: Expansion of Consent Doctrine Restores $13 Million Cerebral Palsy Verdict, Maryland Accident Law Blog, July 31, 2009

Continue reading "Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage" »

According to researchers from Brown University and Harvard School of Public Health, complications and problems during and after birth might increase the chances of a child developing autism. While the authors acknowledged that the causes of autism are not known, they were able to narrow down the factors that could be linked to autism, including:

• Birth injury
• Birth trauma
• Low 5-minute Apgar score
• Meconium aspiration
• Maternal hemorrhage
• Abnormal presentation
• Multiple births
• Umbilical cord complications
• A birth that occurs during the summer
• RH or AB incompatibility
• Small for gestational age
• Congenital malformation
• Hyperbilirubinemia
• Fetal distress
• Low birth weight
• Neonatal anemia
• Low oxygen during delivery
• Fetal distress

While some of these factors are out of an obstetrician’s hands, there are ways to prevent certain birth injuries from happening. For example, monitoring the fetus’s vital statistics, as well as that of the mother, making sure that the baby gets enough oxygen, and not making any medical mistakes that could cause Maryland birth injury or trauma.

To have your child diagnosed with autism can be a severe blow for the entire family. Not only might your child never be able to live a “normal” life, but he/she will likely require costly therapies and other services to help them deal with their special needs. Some autistic children may never be able to support themselves or live independently. Your child may have to contend with bullying and emotional isolation while growing up. Autism takes a toll on the entire family.

If you believe that a medical mistake before, during, or after birth caused your son/daughter to develop autism, you may have grounds for a Baltimore birthing malpractice lawsuit.

Perinatal and Neonatal Risk Factors for Autism: A Comprehensive Meta-Analysis, Pediatrics, July 11, 2011

Low oxygen during birth may contribute to autism, Barchester, July 13, 2011

Environmental factors for autism: Low oxygen during delivery, summer births, The Imperfect Parent, July 12, 2011

Related Web Resources:
Autism Speaks

Autism Fact Sheet, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Medical Malpractice?: Doctor and His Son Accused of Putting Autism Patients at Risk, Maryland Accident Law Blog, May 19, 2011

Baltimore Couple Files $20 Million Medical Malpractice Lawsuit Alleging Wrongful Birth, Maryland Accident Law Blog, July 6, 2010

$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family, Maryland Accident Law Blog, June 3, 2009

Continue reading "Can Maryland Birthing Malpractice Cause Autism?" »

The Maryland Board of Physicians have charged David Geier, the son of Dr. Mark Geier, with practicing without a medical license. David worked with his dad in treating kids with autism. However, Dr. Geier’s medical license was recently suspended after he was accused of putting his autistic patients at risk. Our Owing Mills medical malpractice lawyers want to remind our readers that medical negligence can be reason for a civil lawsuit if someone is injured or dies because of it.

The Geiers believe that the mercury in vaccines is linked to autism—a theory that many in mainstream medicine, including the Institute of Medicine, don’t believe. Father and son used the drug Lupron to treat patients. This is a drug that many experts consider dangerous for kids. Lupron is approved to treat fibroids and prostate cancer. It is also used to chemically castrate sex offenders.

The board says that Mark Geier improperly cited a number of patients with a condition called “precocious puberty.” Patients were treated with Lupron injections. The board contends that by administering this treatment protocol that is known to have substantial risk of serious harm and isn’t generally accepted in the “relevant scientific community,” Dr. Geier endangered autistics kids and exploited their parents. He is also accused of failing to fully inform parents of the dangers associated with the treatment.

State authorities believe that David Geier also put patients at risk when he treated them. Health officials are trying to get him off the Maryland Commission on Autism. The commission’s Web site has him down as a doctor, even though officials have called this a clerical mistake. The Commission does, however, refer to him as its “diagnostician.”

The Geiers run offices under the name Genetic Counselors of Maryland in Owing Mills and Rockville. They also have offices out of state.

Living with autism can be very challenging. The Centers for Disease Control and Prevention says that about 1 in 110 kids in the US have an autism spectrum disorder. That’s 36,500 out of 4 million children born every year that are eventually diagnosed with autism, which can come with different disabilities depending on where they are on the spectrum.

Son of autism doctor charged with practicing without a license, The Baltimore Sun, May 19, 2011

State looks to remove autism panelist with links to suspended doctor, The Baltimore Sun, May 6, 2011

Md. autism doctor's license suspended, Los Angeles Times, May 4, 2011

Related Web Resources:
Autism Spectrum Disorders, CDC

Maryland Board of Physicians

Lupron, Drugs.com

Maryland Commission on Autism

More Blog Posts:
Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators, Maryland Accident Law Blog, February 22, 2011

Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis, Maryland Accident Law Blog, October 4, 2010

Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge, Maryland Accident Law Blog, March 9, 2011

Continue reading "Maryland Medical Malpractice?: Doctor and His Son Accused of Putting Autism Patients at Risk " »

An investigation by Maryland health investigators into the September 2010 murder of psychiatric patient Susan Sachs by fellow patient El Soudani El-Wahhabi at the Clifton T. Perkins Hospital Center has revealed that employees at the maximum-security psychiatric facility may have inattentive and sleeping on the job that night. El-Wahhabi, who has admitted to strangling and kissing the 45-year-old victim, is charged with Sachs’ murder.

As the murder was taking place, video surveillance shows one hospital staffer sitting on a couch from where there was no view of the patients’ rooms. Another worker, who was at the nursing station, exhibited no signs of movement.

Among the report’s findings:
• The door-locking system to the ward was not activated, which means that on the night of September 25, 2010, the doors to patients’ rooms were unlocked for most of the night. This allowed El-Wahhabi to enter Sachs’ room undetected and without permission.

• After 9:15pm that night, the workers stopped conducting half-hour checks on the patients. They filled out forms to make it appear as if the checks had occurred.

• Video footage shows two of the hospital workers watching TV and sleeping a few hours before Sachs was murdered.

Remedies to such lax behavior at the hospital have reportedly been implemented since then. However, advocates continue to criticize the hospital for not doing enough to protect patients—especially women—from becoming the victim of assault. Meantime, Sheilah Davenport, the hospital’s chief executive, is to step down at the end of the month.

Maryland Medical Negligence
Hospitals and nursing homes can be held liable for Jessup County medical malpractice or nursing home negligence if poor quality care or inadequate security allowed a patient to become a victim of a crime. Sexual assault, physical assault, patient abuse, and patient violence are serious problems that occur in facilities throughout the US. There must be preventive measures and administrative procedures in place to so that such tragic incidents stop happening.

Report: State hospital staff sleeping, watching TV after woman strangled, Gazette.net, February 16, 2011

Staff at hospital partly criticized in patient killing, Baltimore Sun, February 11, 2011

Related Web Resources:
Clifton T. Perkins Hospital Center

Maryland Department of Health and Mental Hygiene

More Maryland Accident Law Blog Posts:
Maryland Mental Hospital Patient Charged with Murder of Fellow Patient, Maryland Accident Law Blog, September 27, 2010

Maryland Medical Malpractice and Fraud Alleged in 101 Claims Against Towson Hospital, Maryland Accident Law Blog, October 16, 2010

Baltimore County Wrongful Death Lawsuit Accuses Westminster Assisted Living Facility of Maryland Nursing Home Neglect, Maryland Accident Law Blog, April 28, 2010

Continue reading "Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators" »

A Towson medical malpractice lawyer has filed claims on behalf of 101 patients accusing St. Joseph Medical Center and its former cardiologist Dr. Mark G. Midei of Maryland medical negligence, conspiracy, and fraud. Midei is accused of conducting hundreds of unnecessary cardiac stent procedures. Up to $30,000 is being sought for each count.

Midei is accused of falsifying medical records so that it would seem as if patients were suffering from clogged arteries. He would then insert mesh stents into their healthy veins. The cardiologist, who made $1.3 million from the Towson hospital during the 2009 fiscal year, denies the allegations.

After finding out about the allegations of Towson medical medical malpractice against Midei, St. Joseph removed him from duty and began investigating. The hospital also issued warning letters to approximately 600 patients letting them know that they may have undergone an unnecessary medical procedure to insert a stent that they didn’t need.

No criminal charges have been filed against Midei at this time. However, this summer, a physician oversight board filed professional charges against the cardiologist accusing him of violations related to state law, including “gross overutlization of health care services.”

Cardiac Stent Procedure
For a patient to have to undergo a stent insertion procedure, he/she should be suffering from artery blockage by at least 70%. A stent insertion procedure, even when necessary, does come with risks. Health complications, including the risk of stroke, heart attack, coronary artery damage, and the need for bypass surgery can result. A patient that has undergone a stent procedure will usually have to take a blood thinner, which also comes with its own possible side effects.

101 claims filed against stent doctor, hospital signal beginning of wave of legal action, The Baltimore Sun, October 5, 2010

101 Lawsuits Filed In Unnecessary Stents Case, WBALTV, October 5, 2010

Related Web Resources:
St. Joseph Medical Center

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

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

A jury has awarded Yesenia Rivera $2.35 million for Maryland medical malpractice. Rivera, now a 28-year-old Silver Springs woman, had to have part of a leg and a portion of a foot amputated after doctors wrongly diagnosed a kidney blockage.

Rivera had first sought treatment at Shady Grove Adventist Hospital for severe stomach pain on August 1, 2006. She was diagnosed with a kidney stone and given pain medicine. Two days later she was back. This time, doctors thought she was either experiencing an ectopic pregnancy that had ruptured or a gallbladder problem. According to the Washington Post, the septic infection that she was suffering from went untreated for hours and spread through her body.

Rivera would go on to develop gangrene. Part of her right foot and part of her left leg had to be removed. She also lost her fingers, which fell off on their own because of a syndrome called “autoamputation.”

According to her Montgomery County medical malpractice complaint, Dr. Dawn Thornton and Dr. Virendara Saxena, who are both defendants, did not prescribe the fluids that Rivera needed, which limited the oxygen sent to her extremities. She also said it was 10 hours before someone came to drain her kidneys.

The Montgomery County jury found that both doctors had been negligent in their medical care of Rivera. They awarded the Silver Springs mother of three $1.5 million for pain and suffering, $360,000 for lost wages, $190,000 for medical expenses, and $296,000 for loss of household services. Because of Maryland’s cap on pain and suffering awards, her total award is reduced to $1.5 million.

Md. woman wins $2.35 million in malpractice case, Washington Post, August 11, 2010

Amputee in Maryland wins $2.35 million in malpractice suit, The Daily Record, August 15, 2010

Related Web Resources:
Sepsis, MedLine Plus

Wrong Diagnosis

A jury has awarded a 79-year-old woman a $1.1 million Baltimore medical malpractice verdict over injuries she sustained while undergoing gallbladder surgery. In her Maryland medical malpractice lawsuit, Phyllis Rode accused Dr. Chiau-Wen Hsiao of cutting her hepatic duct while taking her gallbladder out. Hsiao is a general surgeon at Franklin Square Hospital.

Rode says that because her bile duct was severed, she had to undergo more surgeries. Also, not only did she spend 10 days in intensive care, but also, she had to wear tubes to drain the ducts for 10 months.

Hsiao had argued that a severed duct is a known complication that can result from a gallbladder procedure. He argued that Rode had given her consent. However, Rhode’s Maryland malpractice lawyers claimed that consent doesn’t matter when a physician fails to provide a patient with at least standard of care.

The jury awarded Rode $106,000 for medical bills and $1 million for pain and suffering. The Maryland damage cap limits the noneconomic damages that Rode can receive to $665,000.

Bile Duct Injuries
Punctured or severed bile ducts during gallbladder surgery is a leading cause of medical malpractice lawsuits. There are steps that doctors can take to reduce the chances that a patient will sustain a severed duct during the procedure. According to USLaw.com, out of the 75,000 gallbladder surgeries conducted each year, approximately 1 out of every 200 patients will likely develop a bile duct injury. Compared to traditional surgery, the modern laparoscopic surgery procedure can cause up to ten times as many bile duct injuries.

Some other complications that can result during a gallbladder procedure:
• Infection
• Abscess
• Bile leakage
• Cholangitis
• Ongoing pain
• Digestive difficulties
• Jaundice
• Death

Gallbladder Surgery Malpractice Lawsuit Results in $1.1M Jury Award, Zimbio, September 14, 2010

Gallbladder Surgery Errors Damage Bile Duct, USLaw

Related Web Resources:
Society of American Gastrointestinal and Endoscopic Surgeons

Diagram of Human Stomach and Gallbladder, InnerBody.com

The Maryland Board of Physicians has ordered Dr. Steven Brigham, Dr. Nicola Riley, and George Shepard Jr. to stop practicing medicine in the state. The order comes following a botched abortion last month that left an 18-year-old with a uterine perforation.

The abortion was performed at a facility in Elkton, Maryland after the patient first went to see Brigham in New Jersey. She was reportedly given medication to induce contractions and ordered to drive 60 miles to the Maryland medical clinic.

This is not the first time that Brigham, who doesn’t even have a medical license in Maryland, has been ordered to stop practicing medicine in a state. His Pennsylvania medical license was revoked in the early 1990’s following an investigation into one of his clinics. In 1994, he was barred from practicing medicine in New York. In 1996, Florida also revoked his medical license.

As for Riley, the state physicians’ board suspended her medical license after determining that she was a “threat” to patient safety and a “danger to the public.” Shephard is accused of ordering medications for the AWS facilities in Maryland and participating in the arrangement of abortion procedures begun in one state and completed in another.

Maryland Abortion Malpractice
Botched abortion procedures can result in serious injuries or death and may be grounds for a Maryland medical malpractice case. Examples of abortion-related complications:

• Hemorrhage
• Cervical lacerations
• Uterine perforations
• Sterility
• Pelvic inflammatory disease
• Increased risk of cancer

Maryland officials order Dr. Steven Brigham to halt abortions, Lehighvalleylive.com, September 5, 2010

Abortion doctor licensed in N.J. is ordered to stop practicing in Md. after patient is critically injured, AP/NJ.com, September 4, 2010

Related Web Resources:
Medical Malpractice Basics, Nolo

Maryland Board of Physicians

Continue reading "Maryland Medical Malpractice?: State’s Board of Physicians Orders Three Doctor to Stop Practicing Medicine " »

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