Maryland Accident Law Blog

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" »

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens's condition and if this contributed to his death.

Givens's mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis
If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008

Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Continue reading "Washington DC Man Dies After Paramedics Diagnose Acid Reflux" »

In US District Court, the mother of Karl Grimes, the 18-year-old who died from injuries he sustained during a fight with two youths while staying at the Oak Hill Youth Center in 2005, is suing the DC government and Prince George’s Hospital Center in Maryland for wrongful death. Patricia Grimes is seeking $5 million from the hospital for alleged negligent care and $15 million from the DC government for its failure to properly staff and supervise the detention facility.

According to Patricia’s wrongful death lawsuit, Karl was sent to Oak Hill in August 2005 because of a probation violation. He was beaten and knocked unconscious by a number of Oak Hill residents on November 23. The lawsuit contends that city officials knew that the detention center lacked the adequate staffing to properly supervise residents and make sure they were safe. Patricia also claims there was a “significant delay” in getting her son the care that he needed and that he would be alive today if city workers had done their jobs correctly.

After the assault incident, Karl was treated by on-site medical workers before he was taken to Prince George’s Hospital Center. He appeared to be recovering until two days later, when his condition deteriorated. On November 26, Grimes was declared brain dead.

This is not the first time that the Oak Hill Youth Center has come under fire for conditions at the DC detention facility. Drug use, overcrowding, and violence among residents are some of the problems the center has been cited for over the years.

Juvenile detention facilities and prisons are supposed to make sure that residents, detainees, and inmates are not placed in situations where they may sustain injuries or die. Failure to provide that care can lead to a personal injury or wrongful death lawsuit.

Grounds for filing a personal injury claim against a juvenile detention facility may include abuse, sexual assault, assault and battery, slip and fall, police brutality, negligence, or premises liability. There are specific steps that must be taken to file your claim or lawsuit against a local, state, or federal government.

Mother Sues City, Md. Hospital Over Teen's Death, Washington Post, November 26, 2008

District youth dies after fight at Oak Hill in Laurel, Gazette.net, November 29, 2005

Related Web Resources:

Behind Oak Hill's Fences, Violence and Uncertainty, Washington Post, August 2, 2004

Medical Malpractice, Justia

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Semsker’s mole was not removed until August 2006, after his wife noted that it was now a different color. He soon found out that he had cancer and that the disease was now in lymph nodes in his lower abdomen and groin. It would later reach his brain. After undergoing surgery, radiation, and chemotherapy, the 47-year-old died of cancer in October 2007.

The Semsker family accused Albert of medical negligence for failing to recommend the mole’s removal. During the wrongful death trial, an expert witness for the family testified that Semsker’s recovery chances would have been 95% if the mole had been removed in 2004 instead of 2006.

While the Maryland jury did not find Lokshin personally liable for the delayed diagnosis, his dermatology practice is being held responsible for the medical malpractice award. The Semsker’s family was awarded $3 million in non-economic damages and $2.8 million for loss of financial support. The non-economic damages will be lowered to $812,5000, per the state’s medical malpractice cap on non-economic damages involving at least two plaintiffs.

Doctor liable for lawyer’s fatal cancer, The Daily Record, November 17, 2008

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

Related Web Resource:

Derm Malpractice Payout Doubled From 2005 to 2007: Average settlement rose by 53% to $290,627, Skin and Allergy News, October 2008

The parents of a baby that died in her mother’s womb are suing the Peninsula Regional Medical Center and Salisbury obstetrician and gynecologist Dr. John M. Woods for physician negligence resulting in wrongful death. In the lawsuit, filed on behalf of Jennifer Sheller and her companion John Bealefeld last February, Sheller, who sought medical help at the PRMC’s emergency department after experiencing vaginal bleeding and severe pain, was discharged by Woods without an examination.

By the time she returned to the hospital following increased pain and bleeding several hours later, Sheller’s unborn baby Kirra Faith was dead in the womb. Sheller was later diagnosed with a placental abruption—a condition that could potentially cause a fetus’s death.

If Kirra Faith hadn’t died, she would have been delivered by cesarean section 13 days later on March 5. Her parents, Sheller and Bealefeld, are seeking financial compensation from PRMC and Woods for over $30,000.

This is not the first medical malpractice case filed against Woods this year. In April, Woods and Dr. Michele Urban, a former partner, were found liable for the permanent injuries suffered by a Bridgeville woman because her bladder was accidentally stitched in 2004. The medical mistake killed organ tissue and she now suffers from permanent urine leakage.

OBGYN Malpractice Mistakes May Include:

• Birthing Injuries
• Surgical mistakes
• Failure to diagnose placental abruption, ovarian cancer, and other serious conditions
• Failure to evaluate mammogram tests
• Failure to conduct pap smears and properly analyze results
• Performing a pap smear incorrectly
• Failure to test for birth defects

Parents sue doctor after baby died in the womb, DelMarVaNow.com, August 26, 2008

Related Web Resources:
Peninsula Regional Medical Center

Placental Abruption

Continue reading "Maryland Parents Sue Peninsula Medical Center and Salisbury OB/GYN for Wrongful Death After Baby Dies in Womb" »

In Baltimore County Circuit Court, Donna Jankowski reached a confidential medical malpractice settlement with Franklin Square Hospital Center and Dr. Diaa Mikhail. The settlement was reached on July 18 on the 5th day of their medical malpractice lawsuit trial.

Jankowiak had sued the Baltimore hospital and Mikhail for medical malpractice, alleging that they failed to diagnose her heart condition. The Dundalk woman went to Mikhail in November 24 because she was experiencing pain going from her arm to her chest.

In her medical malpractice lawsuit, filed last year, Jankowiak says that Mikhail conducted an EKG and said the results normal. Jankowiak then sought help at the Franklin Square emergency room where she had another electrocardiogram. These EKG results also were reportedly normal, according to the hospital.

Six hours later, at another hospital, Jakowiak underwent a third EKG. This time, results came back abnormal. Jankowiak was suffering from a myocardial infarction, which has resulted in permanent heart damage. She has had to undergo surgeries and other medical treatments as a result of her condition.

Failure to Diagnose
Failing to diagnose an illness or condition can cause a patient’s condition to grow worse. His or her chances of survival may decrease if a diagnosis is missed completely or is delayed because of an initial failure to diagnose. Many conditions that could have been easily treated can become progressively worse because of a failure to diagnose, and a patient may have to undergo surgeries and other invasive and/or painful procedures that he or she could otherwise have avoided. Failure to diagnose a condition can also result in a patient’s death.

Failure to diagnose is a common kind of medical malpractice. In Maryland and Washington DC, an experienced medical malpractice lawyer can help you with your case.

Settlement Reached in Lawsuit Against Baltimore Hospital and Doctor, RedOrbit.com, July 28, 2008

Related Web Resources:

How Common is Failure to Diagnose?, Wrong Diagnosis

Franklin Square Hospital Center