Maryland Personal Injury Lawyer Blog

At 6 feet 1 and 375 pounds,the victim was an active police deputy who was told by the County Sheriff that might one day fill his shoes.Although he had never failed a physical examination he was obese by medical standards and it was recommended that Chandler consider bariatric weight-loss surgery which he was told was less risky than continuing to live in his physical state.But the former deputy who is now brain damaged and confined to a wheelchair, broke down in tears when he faced the media after a jury awarded him and his family $178 million in medical negligence and fraud damages at the hands doctors and staff at his local hospital.According to records the victim was treated at the hospital for two months. He was originally admitted to undergo a laparoscopic gastric bypass surgery but the day after his surgery the victim collapsed in respiratory failure and was placed in critical care.As an experienced malpractice attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.Then for eight days the plaintiff showed signs of complications when fluids from his bowels leaked into the abdomen. Finally his doctor took him back into surgery where the leak was fixed. The hospital's own expert witness testified that most bariatric doctors would have taken the victim back into surgery as soon as he showed symptoms of fluid leakage and definitely no later than the sixth day after his surgery.By that point the patient's blood pressure dropped to the point that he suffered a low-flow stroke in which the brain is not getting enough blood. He then went into a coma for more than two weeks and while he was on the respirator, no lubricated eye drops were given to the victim which resulted in burning his retinas and causing permanent loss of eyesight.
The plaintiff still suffers from numerous ailments and can't speak intelligently and can't walk, feed, clean or bathe himself. This tragedy occurred because the victim had a relatively inexperienced doctor doing this surgery and managing the patient. The lawyer went on to explain the doctor's inexperience and how it failed to meet the hospital's advertised accreditation which equated to fraud.The hospital president testified that the doctor had performed at most 21 bariatric surgeries but in order to meet the standards of the American Society Bariatric Surgery's Center of Excellence seal, he was required to have performed 50.The seal also required that the doctor should have completed at least 20 hours of bariatric education courses,but he had taken only one class. And that accreditation seal was being advertised on pamphlets given to potential surgery patients of the hospital's Bariatric Surgery Center. It was also shown on the documents the doctor used when speaking at informational forums at the hospital.The jury found that the pamphlets as well as other advertising tools that contained the seal, were acts of fraud and said the hospital knowingly allowed the doctor to perform paid surgeries he was not accredited for. Another blatant act of fraud was the hospital's advertising of its bariatric center. The ads sold an illusion that the hospital had a "team" of doctors and nurses committed to bariatrics. But when patients arrived at the hospital all of whom had pre paid it was another story.The plaintiff showed up the day of the surgery and found hidden in the middle of 10 pages of documents a paragraph that says 'we are all independent surgeons and not part of a team'.The plaintiff's family was pleased by the award sum and the fact that their loved one, who has over $250,000 a year in medical bills, will be taken care of for the rest of his life. But they said he would trade it all to be the man he once was.If you or a family member has been the victim of medical malpractice please call my office at 800-320-0080 or visit one of my conveniently located offices in Rockville or Baltimore.

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." »

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 veteran filed a $30 million medical malpractice lawsuit charging that an improper colonoscopy at a hospital gave him life-threatening hepatitis C. More than 11,000 veterans received colonoscopies with improperly cleaned equipment in three separate hospitals.Of the veterans who had the procedure at the three facilities, five have tested positive for HIV, 25 for hepatitis C and eight for hepatitis B.The plaintiff, a 69,year old veteran says he got a colonoscopy at the hospital and two years later was told he has hepatitis C.As an experienced trial attorneyI have reviewed many cases of medical malpractice and have completed same with favorable results
The plaintiff's medical malpractice suit asks for $20 million for him and $10 million for his wife for loss of consortium. Court documents he filed in the case acknowledge the hospital breached a duty of reasonable care with the victims by using improperly cleaned equipment, but deny the equipment caused the health problems.
In another colonoscopy case settled out of court the plaintiff's lawyer says they tracked down his client's ex-girlfriend from 10 years earlier to see if she rather than the equipment might have been the source of his HIV.
The lawsuits were filed after an investigation revealed more than 11,000 colonoscopies were done at three hospitals using equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found discolored liquid and debris.
The subsequent report said the colonoscopies were done in an environment with inadequate training, lack of supervision and inadequate communication.
In the case settled out of court,a U.S. Army veteran sued for medical malpractice when he became HIV positive after a colonoscopy at the hospital.The victim had asked for $20 million.
Court papers filed argue that the chances that the veteran contracted hepatitis C from the equipment are no more than two in one trillion. Hepatitis C can't survive outside a human host for more than four days and substantially more than four days had passed between any previous patient with Hepatitis C who had a colonoscopy and the one performed on the victim.
The defendants downplays the seriousness of the illness, asserting that the victim more likely than not will be completely cured of this infection and the plaintiff's current disease state is minimal, and liver function is normal. Experts agree that the medications becoming available will cure plaintiff of all symptoms.The victim responds that he has fatigue, dry skin, insomnia, hot flashes. He has virus-like symptoms and he worries he may need a liver transplant or get cancer.
The case is based on the assertion that the plaintiff had a blood test prior to his colonoscopy with no sign of hepatitis C. He was notified two years after his colonoscopy at the hospital that he needed to come for testing because the endoscope used in the procedure may have been contaminated and month later he was told he was positive for hepatitis C.

Continue reading "Veteran Files $30 Million Medical Malpractice Case." »

A settlement has been reached in a malpractice suit brought against a Dr.and Hospital by a woman whose left leg had to be amputated as a result of complications from spinal surgery performed at the hospital. The 63 year old plaintiff reached a $5.25 million settlement with the treating doctor and the hospital according to court documents. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.The suit alleged that the doctor who performed an "anterior transabdominal approach to the lumbosacral spine" on the patient, and the hospital staff that took care of her in the intensive care unit after her surgery failed to properly provide care and treat the victim resulting in the loss of her left leg.

The victim's attorney stated that her client's injury was one of the most heinously injured clients that he had ever had and it was amazing that the victim had survived. The doctor who was the hospital's chief of surgery at the time, is now retired.His attorney,declined comment last week and said he could not comment on the settlement because of a confidentiality agreement. The victim's lawyer said that she went into the hospital to have an elective back surgery. The doctor who had experience in general surgery, performed the initial portion of the surgery that exposed the spine. That doctor is no longer affiliated with the hospital but at the time his job was to do the vascular surgery. He is not a vascular surgeon. He is a general surgeon.

According to the lawsuit during the patient's post-operative recovery in the intensive care unit; she suffered intra-abdominal hemorrhaging, post-operative bleeding, abdominal wounds, and other severe complications that the medical staff did not appropriately diagnose or treat, resulting in a gangrenous lower leg condition that required an above-the-knee amputation. The lawsuit alleged that the nursing staff did not properly supervise or monitor her care and, when complications arose, her physicians were not notified promptly so adequate medical interventions could be made.

The doctor was previously disciplined by the state Department of Public Health in relation to an accusation that, he had previously scheduled the repair of a hernia in a woman who had just undergone a Caesarean section but mistakenly performed a minor surgical operation on the wrong side,the lawyer argued in the suit. In that case,the doctor opted against a full hearing to contest the action and signed a consent order related to the facts in the case. He was required to pay a civil penalty of $5,000.

At the time of her planned back surgery, the lawyer said, she was unaware the doctor was to be involved in her surgery until just before the procedure was to take place. He said that denied her an opportunity to check on his credentials, which would have indicated prior medical malpractice complaints. As part of the lawsuit against the hospital, the victim's lawyer arranged for two independent medical personnel -- a 39-year health care administrator and a registered nurse certified in nursing administration -- to provide their findings.Their findings alleged the doctor's surgical procedure prompted complications he did not diagnose in a timely manner.

In addition, the experts deemed the intensive care nurses did not recognize the patient was facing a vascular emergency and failed to promptly notify the doctor of the patient's escalating complications.

Continue reading "Hospital and Doctor settle for $5.25 million in malpractice case" »

A Supreme Court jury has awarded a couple $5.5 million dollars against a Hospital for serious pelvic injuries suffered eight years ago during the course of labor and delivery of a 10 pound baby. "This verdict clearly sends the message that hospitals are responsible for the safety of their patients. Those who have suffered an injury caused by hospitals, doctors or nursing homes should not be afraid to ask an attorney to evaluate their claims". As a Maryland medical malpractice attorney we review and evaluate these cases in detail and hire experts when needed to determine if a cause of action against responsible people could be filed

Continue reading "Jury award $5.5 million in medical malpractice case" »

The patient, a security worker, underwent surgery that addressed an aneurysm of his aorta. The procedure was performed by a cardiothoracic surgeon, at Presbyterian Hospital,During the surgery, the patient sustained damage of his left recurrent laryngeal nerve. The damage causes paralysis of some of his vocal cords. The patient sued the doctor and alleged that he failed to properly perform the surgery.He further alleged that the doctor's failure constituted malpractice. As a Maryland medical malpractice attorney I personally review all cases alleging medical malpratice and consult with professionals to determine if a cause of action exists.

Plaintiff that the aorta and the left recurrent laryngeal nerve share the same anatomical space. They claimed that the doctor's records indicated that the doctor initially identified the location of the nerve, but that he subsequently lost awareness of the nerve's location. They further claimed that the records did not indicate that the doctor demonstrated any resultant degree of extra caution.

The defense's expert cardiothoracic surgeon contended that neurological damage is a frequent result of surgeries that address the aorta, and he claimed that such damage is most likely when the surgeon is addressing the aortic arch. He contended that the aortic arch was the site of the surgery that the doctor performed. The expert further opined that neurological damage is very likely during surgeries that involve aneurysms of the aorta. He estimated that some 30 percent result in neurological injuries that do not lead to allegations of malpractice.

Continue reading "Doctor error damages patient's vocal chords" »

State and federal health officials are investigating the deaths of nine patients at six hospitals who were all given an intravenous nutritional supplement that investigators have found was contaminated by bacteria. Ten other patients who received the supplement also were sickened by the bacteria, called Serratia marcescens, which is most commonly found in water, including some tap water, and sometimes in bathrooms. It can be introduced into the bloodstream via contaminated fluid administered through a catheter. As a Maryland personal injury lawyer I have handled hospital negligence cases along with other attorneys to conclusion.

A medical officer with the Centers for Disease Control and Prevention, said the investigation into the outbreak at six Alabama hospitals would not conclude for at least a week. But he said similar investigations in the past typically determined that contamination occurred during the mixing of intravenous supplements. "Historically, what we've seen is a breakdown in the manufacturing process," he said.

The state health officer, emphasized that it remained unclear whether the deaths were due to the bacteria or to underlying serious illnesses. "I cannot ascribe those nine deaths to the Serratia marcescens," he said. "These were patients who were getting treatment, so they were by definition ill." State officials have identified the source of the supplement, which is known as Total Parenteral Nutrition, or T.P.N., at a local pharmacy in, a compounding pharmacy that makes medications that do not come premixed.

State officials said the pharmacy has stopped distributing the supplement and was no longer open. They said it was unlikely the company would reopen, adding that it had made the decision to close on its own. The state health department said that about 35 percent of the patients who received T.P.N.sustained infections. The first two occurrences were in January and February, she said. The affected patients ranged in age from 38 to 94. Eleven were women and eight were men. He said there was little chance that other patients would become infected, although he said officials were making sure the supplement had been entirely removed from all health facilities. "Right now it looks like we have a contained and closed problem," he said.

The supplement is typically administered to patients whose gastrointestinal systems are not working properly, including those undergoing chemotherapy or recovering from major surgery. The mix is delivered to hospitals in containers presumed to be sterile and has a limited shelf life. The state health department had been notified about Serratia marcescens infections by two area hospitals,The state then sought assistance from the Centers for Disease Control, which was able to track the outbreak to the pharmacy. Soon after, the pharmacy notified customers about the contamination, and it voluntarily recalled the product.

A statement issued by Health System, which operates 2 of the hospitals said six of the nine deaths had occurred at those medical centers. A total of seven patients were infected at one hospital, four of whom died, and five were sickened at another, two of whom died. "Because quality patient care is our top priority, this event is deeply disturbing to all of us," the group's chief medical officer, said in the statement. She added, "We don't know, and may never know, if the Serratia marcescens bloodstream infection played a role in the deaths of these patients."

The health system also said it had ended its relationship with the pharmacy, and noted that "as a precaution, we have removed all other products from the supplier." A spokeswoman for the parent company of a local hospital, which had one infection-associated death, said in a statement that the pharmacy was "universally believed and considered to be a reputable and trustworthy entity." A spokeswoman for another hospital said the hospital discovered that three patients had been infected with the bacteria, and treated them with antibiotics. One of those patients died. "I can say it was a critically ill patient," she said.

Continue reading "Deaths of Nine Patients Tied to Hospital's Intravenous Supplements" »

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" »

Jurors awarded $10.1 million in damages to the family of an overdose victim hoping the multimillion dollar verdict strikes fear into other "pill mills" that have turned the city into a national hub for prescription drug abuse. "Our verdict shows how much our community is against these pill mills and wants things to change," said a juror after finding gross negligence led to the overdose death of the victim. Another juror agreed, saying the verdict issued in District Court should discourage others who might be improperly churning out the addictive drugs that killed the plaintiff.

The victim 54, died two days after his only visit to a Medi Clinic where he received a prescription for three potent drugs: hydrocodone, xanax and soma. He had sought help there for chronic pain he suffered from a motorcycle injury and a fall at a petrochemical plant. The clinic's director had prescribed this same drug combo -- known as the "holy trinity" -- at least 3,800 times between 2006 and 2007 at more than 17 pain area clinics that he then oversaw, records showed. But his prescription-writing came to an abrupt halt when he was forced to surrender his license to the Medical Board just three days after the victim died.

The Dr. who repeatedly pleaded the Fifth Amendment against self-incrimination during the four-day trial, was found grossly negligent and slapped with the stiffest penalty: $9.05 million. The 72-year-old physician chose not to be present for the reading of the verdict, and his attorney declined comment. The family's attorney commented on the Dr.s absence: "I don't think he has any remorse or compassion. The other two defendants expressed their sympathy about my client's death, but he took the Fifth even on that."

He believes other pill mills will take notice, especially "if their only motive is profit and we can take that away." Another defendant was also found grossly negligent and ordered to pay about $745,000 in damages. She was an equal owner of the cash-only clinic along with her husband and a chiropractor. The chiropractor settled out of court for an undisclosed amount before the trial started. The plaintiffs say they were unaware of the other Dr.s involvement until after the statute of limitations had run out.

The third defendant a recruiter who placed the doctor at the clinic, was ordered to pay the least, $85,000, because one of the 12 jurors did not believe his involvement met the test for punitive damages. The victim's 88-year-old mother who was a plaintiff along with her son's three children, was speechless after the verdict. Then her eyes teared and she said, "Maybe some of those pill clinics will shut down. Let's hope," The victim's sister ,referring to more than 1,200 pill deaths recorded in the last two years, says "the jury has given a lot of hope to other families of those who are dying all over the place from this."

If you, a friend or a family member has been subjected to such gross negligence by a pill mill contact my office for a free initial consultation at 1-800-320-0080 or make an appointmnet at one of my convenient locations 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.

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.

Being sexually assaulted, in pain and not knowing where to turn is a frightening scenario for anyone. It is what one woman went through after being raped in her home last year.
She went to the Hospital to get a rape kit exam and says hospital staff would not allow that test to happen. That is why she is filing a lawsuit.

"I was injured, I had bruises, and I wanted to make sure I was ok," the unidentified victim said. Now she wants to make sure other survivors do not have the same experience she had when she went to the Hospital two days after being raped.

"We spoke to a nurse who told us we could not get the sexual assault exam unless she pressed charges," said a witness, who went to the hospital with the victim. "She gave us paperwork that said the same thing, and then the doctor came in with the same paperwork; gave it to us again."

The paperwork was an information sheet for sexual assault victims from October of 2005. It says that you must make a report to law enforcement before a forensic exam will be conducted. The problem is that law was changed June 19, 2009, and no longer applies.

"Healthcare facilities need to know and follow the law," said a spokesman from the Civil Rights Project. "They cannot deny people sexual assault exams. We are filing this lawsuit today so that the hospital does follow this law."

According to the state law, a rape survivor has a right to an exam within four days of the assault, even if they do not plan to press charges at that time. The state keeps that evidence for two years.The exam documents evidence of the rape and is an important tool for law enforcement. It is a tool the victim filing this lawsuit says would have helped her bring her attacker to justice.

"If I would have known...now I'm pressing charges and I don't think anything's going to happen to him," she said. "It makes me feel as hopeless as I did when I walked in that hospital." The woman did eventually file charges, but her assailant is still at large.

The Hospital released a written statement late Monday afternoon. The hospital says it cannot discuss specific details of the case due to federal privacy laws. It goes on to say: "We are confident that the physicians and staff at the hospital followed the appropriate procedures as outlined by the Department of State Health Services and that we are fully compliant with all state regulations."

If you or someone you know has been a vctim of an assault call my offices located in Rockville or Baltimore for a free initial consultation at 1-800-320-0080 or make an appointment for a confidential cosultation.

A County Court jury awarded nearly $4 million to a couple who had filed a medical malpractice lawsuit against the Clinic and one of its doctors. Jurors deliberated for a day and a half last week before awarding the plaintiff's $3,926,200.
According to the couple's lawyers, the jurors found the Clinic and Dr. were negligent in medical care rendered to the victim, which caused a permanent injury, including paralysis, because of violations of safety rules in performing a lumbar puncture procedure in May, 2008.
The Hospital was initially a defendant in the lawsuit but had settled prior to trial. The attorney said that the jury was very attentive and reached an unanimous verdict."The message is that doctors are not allowed to violate safety rules and when they do, the community will hold them accountable," he said.
Safety rules are the backbone of practicing good medicine and their violation can create a prima facie case of negligence agaist the doctors and hospitals. If you or a loved one has been involved a victim of misdiagnosis or negigence by a doctor or a hospital call me at 1-800-320-0080 or make a confidential appointment at my offices located in Rockville or Baltimore, Maryland for a free initial consultation.