Maryland Personal Injury Lawyer Blog

The Plaintiff's wife, 46, a certified medical assistant, underwent a Whipple procedure, which is a well known procedure to remove the head of the pancreas when there is suspicion of pancreatic cancer. The procedure was performed at the Hospital by a surgeon and another doctor.The plaintiff alleged a major vein was torn and repaired during the whipple procedure and she was then taken in for a second surgery because of resulting complications. She subsequently died that evening and it was later discovered that she did not have pancreatic cancer.Her husband then sued both doctors and the hospital for medical malpractice - misdiagnosis and wrongful death.

The plaintiff contended that the surgery was a complex operation best undertaken by a surgeon who has done it numerous times in a hospital that does at least seven Whipple procedures per year.As an experienced trial attorney I have reviewed many cases of a Rockville medical malpractice and have completed same with favorable results. He claimed the procedure was done at this particular hospital only a few times a year. The plaintiff noted that a facility that performs the procedure less than seven times a year is considered a low-volume center, and that the doctor had performed the surgery only three times in his career before his wife's surgery.

The plaintiff disputed the decision to blindly try to dissect the portal vein from the posterior of the pancreas with a right angle clamp. He claimed this resulted in a major tear of the vein, and the vein is responsible for taking blood from the gut to the liver and flows at a rate of one liter per minute. Consequently, the plaintiff contended that it was negligent to use a clamp in an area without direct observation of the vein and the failure to do so resulted in a major bleed and ultimately the complications that led to his wife's death.
The plaintiff also argued that while the defendants had reasonable suspicion that his wife had pancreatic cancer and that surgery performed was not incorrect, she should have been referred to a major facility to undergo the surgery.The plaintiff also contended that the assisting doctor did not correctly voice concerns during the procedure, though the decision-making was the chief doctor's. The defense noted that while ultimately it was discovered that there was no metastasis, there were pre-cancerous cells in the pancreas which would have progressed to cancer without intervention.The defense contended that the surgical technique followed by the surgeons was within the appropriate standard of care. The defense argued that the injury which occurred was a recognized complication of the procedure, and the plaintiff's expert conceded it was a recognized complication.
The defense asserted that 42 percent of Whipple surgeries continue to be done in community hospital settings and that both defendant physicians were board-certified general surgeons who had performed Whipple surgeries successfully in the past. The defense contended that referral to a high-volume center would not have reduced the risk of a recognized complication.Plaintiff's counsel also noted that the defense contended that is impossible to always see the back of the pancreas and a surgeon needs to rely on his experience and tactile sense.The patient died following the Whipple procedure. She was 48.The plaintiff sought recovery for wrongful death and emotional distress damages for the loss of his wife.The jury found the lead doctor 80 percent negligent and that his negligence was a substantial factor in causing damage. It found the assisting doctor also negligent and apportioned 20 percent to him, but the jury found that his involvement was not a substantial factor in the patient's death.The jury awarded the plaintiff $4.4 million in damages broken down into the past financial support that his wife would have contributed to the family of $45,040, past losses of gifts or benefits that the plaintiff would have expected to receive from his wife of $10,391, past household services that she would have provided of $26,828, future financial support that she would have contributed to the family of $324,288, future losses of gifts or benefits that the plaintiff would have expected to receive from hiss wife of $97,286, future household services that she would have provided of $480,676, funeral and burial expenses of $1,600, the loss of her love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations of $500,000 and the loss of Kath Hansen's love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations from the date of the verdict forward of $3 million.

Continue reading "Man Awarded $4.4 million After Death Of Wife Due to Medical Malpractice." »

The Plaintiff, a 62-year-old man who had to have more than two feet of his colon removed due to perforations in his colon he acquired during a routine colonoscopy; received a $2 million verdict against two doctors who treated him. As an experienced Maryland trial lawyer I have reviewed many cases of Baltimore medical malpractice and have completed same with favorable results..The jury deliberated for over two days before finding that the doctor who performed the colonoscopy on the plaintiff, was 60 percent negligent for his perforated colon and resulting surgeries. They also found the second doctor 40 percent negligent for further perforating the plaintiff's colon during follow-up procedures to fix subsequent complications due to the initial tear.

The pretrial memorandum filed stated that the the doctor dramatically overinflated the plaintiff's colon during the initial colonoscopy. When the plaintiff complained to the doctor of severe pain the following day,the doctor directed him to go to the emergency room where a CT scan was performed and showed no free air, which meant there was no perforation.The hospital appropriately treated the plaintiff with antibiotics for an obstruction and monitored him. But a CT scan performed a few days later showed a perforation and the plaintiff required emergency surgery.The doctor that performed the initial colonoscopy argued that a possible perforation was a known complication of the procedure and noted in the informed consent the patient signed.

The attorney argued that the plaintiff's colon was overinflated to a level beyond the standard of care and the jury agreed.The jurors ruled the doctor overinflated the colon and was beyond what people thought was reasonable.The plaintiff's problems persisted even after the emergency surgery which brought other doctors into the mix and ultimately into the case.

Continue reading "Man Wins $2 Million in Colonoscopy Malpractice Case." »

The plaintiff says the jury award of $1.9 million was unfortunately bittersweet because he's unable to do what he loved best, working as a Mason cop. After five hours of deliberations the jury found that the defendant was negligent and responsible for the injuries that causes the victim severe pain while he walks and he sometimes must rely on a cane for stability. As an experienced Maryland trial attorney I have reviewed many cases of personal injuries due to many including rockville car accidents and have completed same with favorable results.The plaintiff was directing traffic after Mass at a Church on when the defendant sped out of the parking lot and struck him with her car. She then fled the scene.

The defendant's Baltimore accident attorney, claimed the plaintiff was not hit by a car but instead had backed into his client's car and only suffered minor contusions. The plaintiff's Rockville injury attorney reminded the jury about a statement the defendant had written five days after the accident which she wrote that she hit him with her car and he flew up in the air and was knocked to the pavement.He also reminded the jury that several doctors testified about the victim's injuries and the fact he will never be able to be a law enforcement officer and is only physically capable to work in one percent of available job categories in this economy.The plaintiff said the money will allow he and his wife to stop worrying about bills, but his life will never be the same. He said he doesn't drive through the town anymore and doesn't watch television police shows and all he does is go to rehab and counseling because the mental side is very difficult for him.

It was bittersweet, he said of the verdict. Financially we're going to be taken care of, it was much more than I thought we would get. But for me it doesn't change my life, I can't do 95 percent of what I used to do, that includes working as a police officer. No amount of money is going to give me back that part, which was the most important part of my life.

Continue reading "Plaintiff Receives $1.9 Million in Hit and Run Accident" »

A couple was awarded $58.6 million in a case involving an obstetrician accused of waiting too long to perform a cesarean section which caused permanent brain-damage to their infant son.The jury sided with the couple whose son now 8, has had severe cerebral palsy since he was born. He is fed through a tube, uses a wheelchair, is unable to eat, talk or walk and is incontinent.When the baby was born, he was born not breathing and was blue and limp said the mother who sued her obstetrician and his practice. He had seizures and he was on a ventilator. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.

The parents said in their lawsuit that the doctor did not perform timely incisions to relieve the upper uterine area, delayed the cesarean section and didn't create space for an a traumatic delivery and caused a delay in the delivery that led to permanent brain damage.
It was discovered that he had lost oxygen to his brain, and suffered a brain injury.
The couple was awarded the settlement for the long term care of their son. They hope that it will send a message to doctors what can happen if a c-section is delayed and don't want any other parents to go through what they have had to.The jury agreed with the large settlement and were very moved when showed a video of the little boy.

Continue reading "Couple Receives $58.6 Million For Son in Malpractice Case." »

A man collided with a police officer's patrol car on an icy morning has settled his lawsuit against the city for $650,000.The victim, 51, was driving in the neighborhood when a police officer lost control of his car and struck the victim's pickup truck head-on. As a Maryland automobile accident lawyer we regularly represent victim's who have been seriously injured in such cases.

The officer was driving at the posted speed limit in the northbound lanes of the South bridge when his vehicle slipped on a patch of ice, according to the police report on the accident. The officer was not heading to an emergency call, authorities said.

The victim suffered injuries to his chest, neck, back and abdomen in the collision, according to the lawsuit. He has since returned to work at a bottle-making factory but still has headaches and other ailments, said his lawyer. In his lawsuit against the city, the victim sought more than $1 million in damages. The suit was settled late last month.

Senior Assistant City Attorney said in a court filing that the "City concedes it is liable for any damages or injuries" that the victim sustained in the crash. Chief of the Civil Division at the City Attorney's Office, said the settlement "avoids the risk of trial and fairly compensates the injured party." The police spokesman said he couldn't comment on whether the officer went through retraining as a result of the accident. He said the officer still works at the department.

The attorney said the victim worked "really hard" to recover from his injuries. "The money will go to pay for his past and future medical expenses, as well as his pain and suffering," the lawyer said. "I'm hoping that the city addresses, through training and policies, any actions that are important for the public safety," the attorney said. "My understanding is that in taking responsibility the city was looking into the actions of their officer in making sure this type of incident didn't happen again."

If you or a loved one is injured in an automobile accident call my office for an appointment at either my offices in Rockville or Baltimore to set up an appointment by calling 1-800 320-0080 for a free consultation today.

Continue reading "Man awarded $650,000.00 in car crash with police" »

Parents saw life seeping out of their toddler's body during five hours of waiting in a hospital's emergency room and begged for help, alleges a lawsuit. Medical care came too late," the suit says. The girl lost parts of her four limbs from a bacterial infection.

The lawsuit filed in Superior Court charges a hospital and various emergency room workers with medical malpractice and negligence in delaying treatment for a toddler, who later was flown to Children's Hospital for lifesaving care. Streptococcus A had invaded her blood and organs; as a result she suffered amputations of both feet, her left hand and part of her right hand. She is in intensive rehabilitation therapy. "There is nothing we can do to bring back her amputated hands and feet," said the family's lawyer. "However, we hope that her lawsuit will convince emergency rooms to do a better job treating our seriously ill children and make health care in our city safer for all of us."

The parents took their daughter to the emergency room with a persistent fever, skin discoloration and weakness. As they waited five hours, the girl grew visibly sicker, says the lawsuit. The parents repeatedly asked and begged defendants to treat their daughter. Defendants chose not to do so," until the father forced his way into the medical department and demanded help, the suit says. The hospital "chose to negligently staff, operate and supervise the emergency room," resulting in disaster for the little girl the suit concludes.

"A hospital is never allowed to needlessly endanger patients," the attorney said. Doctors at Children's Hospital said the toddler's sickness may have been the result of a quirk of genetics. They said they are uncertain whether a quicker response would have saved her limbs. Hospital president and CEO said in a statement: "At our Hospital, patient care and safety is our priority. We were sorry to hear about the eventual outcome for the child and our thoughts and prayers are with her and her family. We are unable to comment on matters of pending litigation."

Continue reading "Lawsuit Alleges Emergency Room/Hospital Negligence in treating Toddler's Infection" »

The School Board has settled a lawsuit stemming from a January 2009 school bus crash on a Parkway. According to Circuit Court records, the board reached a settlement with the mother of a then-16-year-old High School student who was on the bus at the time of the accident. The terms would not be discussed due to confidentiality matters.

Filed in December 2009,the complaint accused the bus driver of failure to maintain a proper lookout, failure to keep his vehicle under proper control and failure to keep a safe distance. She sought $100,000 from the bus driver and the School Board. The driver - who no longer works for the school division, according to court records - was later dropped as a defendant.

The attorney said at the time that medical bills related to the student's back and neck injuries totaled about $10,000. The case had been scheduled for a jury trial this week. A document filed in court earlier this month said that the School Board "intends to admit liability at trial." The "only remaining issue in this matter will be the amount of damages involved," which "would stem solely from injuries, if any, actually suffered by the minor."

As an attorney concentrating in injuries, I am committed to provide efficient and timely response to your needs. If you or a loved one has been injured as a result of somebody's negligence call my office at 1-800-320-0080 to make an appointment at one of my conveniently located offices in Rockville or Baltimore.

The federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a child born with neurological damage at Portsmouth Naval Medical Center. U.S. District Judge approved the settlement between the Justice Department and a family in Virginia Beach, according to a court filing made public. The plaintiffs sued the United States early last year, seeking $15 million in damages. The couple alleged that inadequate care at a Naval Medical Center caused their child to be born with developmental disabilities. The government denied any malpractice and admited no wrongdoing in the settlement.

In 2006,the plaintiff checked into the hospital with severe cramping in her lower abdomen. She was 35 weeks pregnant, according to the lawsuit. She was moved to a triage room and connected to a fetal heart monitor, which showed abnormalities indicating the fetus was under stress, the suit says. Instead of notifying a doctor, the papers say, the staff left the patient for more than an hour without any intervention.

About 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section. The doctors determined that the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus, the suit says. The baby girl was born pale and limp, with respiratory failure and a slow heart rate, the suit says. She was intubated and later transferred to Children's Hospital. The girl's "neurological injuries are extensive, severe and permanent," the suit says. "She is severely delayed in all areas of development." The damage, including cerebral palsy, will be lifelong.

The case was set for trial Dec but the parties had been working on a settlement for at least two months, the court records show. A spokesman for the U.S. attorney's office, which defended the suit, declined to comment. Attorneys for the plaintiffs did not return phone messages. The judge's settlement order states that the plaintiff's attorneys will receive about $675,000 in fees and expenses, $54,000 will go toward medical bills, and the remaining $1.57 million will go into a trust set up to care for the child.

If you or a loved one has been wronged by a medical mistake call my offices for an initial free consultation at 1-800-320-0080 located in Baltimore or Rockville for immediate consultation.

In what state officials describe as a record-setting verdict, a jury found that a global drug manufacturer misrepresented prices to the state's Medicaid program and said the company should pay the state and federal government $170.3 million. The verdict concluded a nearly three-week trial in state district court, where lawyers for the attorney general's office argued that the drug company artificially inflated the costs of medications to obtain more money. Medicaid reimbursed pharmacies at higher rates because of the falsely reported prices, officials said.

The trial reportedly was the first of its kind in the state; similar cases in recent years have settled out of court. The attorney said in a statement that the case makes clear his office will hold accountable those who defraud the Medicaid program, a joint federal and state effort to provide health coverage to needy Americans. "Considering the hundreds of millions of dollars that are at stake, we will continue to vigilantly pursue providers that falsely report prices to defraud the taxpayers," he said.

Drug company officials said in a statement that they are disappointed by the verdict and are exploring legal and appeal options. "We remain, as always, committed to offering high-quality, lower-cost alternatives for health consumers, including the millions of Americans who participate in the Medicaid program," said the company's vice president and chief legal officer.

The verdict stemmed from a sealed whistle-blower lawsuit -- filed in 2000 by a pharmacy, that accused a number of drug-makers of reporting inflated drug prices to the Medicaid program. They joined the lawsuit in 2000 and reached settlements with 11 companies, settling for more than $139 million. In 2008, the state increased pressure on the drug companies and three other drug-makers -- and began to discuss settlements or possible trials.

If you suspect fraud that may affect your right call me at 1-800-320-0080 or call for an appointment at my offices located in Rockville or Baltimore for an initial free consultation.

Two doctors and a medical assistant have filed a workplace discrimination lawsuit against a Medical Center, claiming that more than one patient has died there as a result of "substandard care" and that they were ignored or embarrassed, and in one case, terminated, for speaking out. The County Executive said several outside and internal inspectors found "absolutely no evidence'' that the patients in question died because of negligence. But he acknowledged that the hospital's cardiology department is "dysfunctional" because of the many "personality conflicts" and "plethora of he-said, she-said arguments."

Lawsuit filed Friday in U.S. District Court offers a rare glimpse into the mostly private goings-on in the county-run hospital hallways. Seventy-four pages of allegations paint a one-sided picture of death, backbiting and sexism. The suit was brought by a medical administrative assistant in the cardiology department; a cardiologist; and a chief of cardiothoracic surgery. "This was a last resort,'' said the attorney "But the plaintiffs felt this was a moral imperative that they come forward. We have to tell the community what is going on here, that people are dying, and the administration will not change."

Named as defendants are a chief of cardiology; a chief medical officer; a medical director; and a cardiologist. Among other things, the suit alleges retaliation, discrimination, a hostile work environment, invasion of privacy, slander and intentional infliction of emotional distress.
One of the most serious allegations stems from the death of an unnamed patient in February 2009. The doctor said she advised the patient not to get a stress test on his heart because of his fragile health and history of family heart attacks. she said she recommended a "cardiac catheterization" instead. But other cardiologists ignored the patient's wishes and her advice, the lawsuit alleges, and gave the patient a stress test anyway. The patient suffered cardiac arrest and died.

Both doctors allege that they were retaliated against by being ignored, verbally abused and embarrassed in e-mails, among other things, as a result of filing complaints with the Joint Commission of Accreditation Health Organizational regarding what they felt was "substandard" patient care. This allegation does not surprise the D.A. who was well aware of this complaint, and many others that the three plaintiffs have filed with county, state and federal officials. He said the negligence allegations have been thoroughly investigated internally and by outside experts, and they found "absolutely no evidence of poor or detrimental care."

The third plaintiff states that in April 2008 he had wanted to perform surgery on a heart patient sooner rather than later, but "administrators denied him that possibility," and the patient died, the suit alleges.He said after he spoke out about this, he was slandered in public and that his contract wasn't renewed because of it. His last day of work will be in June, his lawyer said. The county executive insisted that none of the "three individuals" have been retaliated against, although he acknowledged that from their point of view, they probably would have liked to see more done on their behalf. Smith said the decision not to retain the Dr. was a cost-cutting move since the number of cardiac surgeries has been declining.

"This lawsuit is the last forum available to them," he said. "I'm not surprised, I'm disappointed." As with all lawsuits lawsuits and appearance in court is the last recourse for any litigant and you must make it count. If you or a loved one has been injured as a result of professional negligence or anothers conducts' ccontact my offices conveniently located in Rockville or Baltimore for a free initial consultation or call me at 1-800-320-0080.

A law firm has filed a lawsuit against the state on behalf of four bicyclists who were severely injured while riding on Pacific Coast Highway (PCH) in August 2009. The cyclists suffered everything from severe cases of road rash to concussions, broken bones, punctured lungs, even paralysis. The state agency hired an outside contractor to re-pave a portion of PCH in Malibu near Zuma Beach. The re-paving process was in its initial stages. On the first Friday after the project began, the contractor left the jobsite unprotected, without warning of the danger it posed. Bicyclists riding northbound on PCH encountered an incline without any reasonable notice of what they faced at the bottom of the incline, namely that the road was "...cut away and strewn with loose gravel, rocks, sudden irregularities in elevation, narrowing of the shoulder, ground-up roadway surfaces, cracks and crevices," according to the lawsuit. These conditions "would and did cause said roadway to be unreasonably dangerous and defective for bicyclists who regularly and typically used PCH....". The hazardous conditions remained from Friday through Sunday despite messages left on the states hotline and e-mails sent informing them of the conditions. The governmental agency did not begin to remedy the situation until Monday, explaining that they were closed on Friday due to the state-mandated furlough. "The state did not do their job," says Personal Injury Attorney and avid cyclist who specializes in handling bicycle cases. "Pursuant to policy and directive, they are responsible for issuing warnings about highway construction projects, and they dropped the ball ... big time. Call it oversight, carelessness, stupidity or indifference ... it still comes down to many innocent people being seriously injured." If you or a loved one has been injured from a bicycle accident due to fault of a driver contact me for a free intitial consultation at my Rockville or Baltimore Offices at 1-800-320-0080.

A lawsuit has been filed on behalf of two sons whose father killed their mother, alleging that the steroids and drugs prescribed to their father were a factor in the killing. The suit alleges that a family nurse practitioner at a local clinic, began prescribing medications to their father in April of 2007. In May, she increased the doses for the two powerful steroids that she previously prescribed without consulting the physician supervisor or any other medical doctor. In July, the nurse added a prescription for a psycho stimulant with similar risks associated to methamphetamine.

On December 20, 2007, their mother obtained a restraining order against their father. The next day, their father returned to the Clinic and was experiencing toxic side effects from the combination of his prescribed medications. On January 2, 2008, their mother signed a petition for temporary separation from her husband. On January 6, their father shot their mother 13 times in a church parking lot, in front of their two sons.

The father plead guilty to aggravated murder but stated that he would not have killed his wife if he had not been on the medications he was on. The lawsuit claims that the nurse was negligent in not consulting with a medical doctor in prescribing and increasing the dosages of the medications and for keeping the patient on the medications despite signs of toxicity. The lawsuit also names the supervising doctor and the clinic and seeks general, special and punitive damages.

If you or a loved one has been the victim of medical malpractice please call my office at 1 (800) 320-0080 for a free consultation.http://www.maryland-attorney.us/lawyer-attorney-1112627.html

In 2007, a 17-year-old girl, was refused a liver transplant by her health insurance company. The transplant was denied because the health insurance company said that it was experimental and was not covered. After a storm of publicity, the health insurance company agreed to the transplant nine days later but it was too late and the 17-year-old girl died a few hours later. Ten months later, the deceased' mother went to the insurance company's headquarters and announced at the security desk in the lobby that "You guys killed my daughter. I want an apology." Instead of an apology, she got heckeled by insurance employees looking down into the atrium lobby from a balcony above and one of them gave her the "finger."

The child's parents parents filed a wrongful-death lawsuit against the insurance company's for their child's death due to insurance company's refusal to pay for the transplant. A Los Angeles judge threw out the complaint, saying that it was barred by a 1987 U.S. Supreme Court ruling that shields employer-paid healthcare plans from damages over their coverage decisions. Under the 1974 Employee Retirement Income Security Act, or ERISA, the only monetary damages that beneficiaries of workplace health plans can sue for is the cost of the treatment of service in dispute, not damages arising out of refusal of the treatment.

Recently, a U.S. District Court Judge ruled that the parents could pursue damages for any emotional distress caused by the incident at the insurance company's headquarters. The parent's of the child are hoping that by bringing the wrongful-death suit the legislature will see that ERISA needs to be revised and that insurance companies need to be liable for their treatment decisions.

If you or a loved one has been injured by delay in coverage by health insurance companies or have been injured by negligence of a third person call my Rockville or Baltimore offices for an initial case review and consultation at 1-800-320-0080.