Blood transfusions can be vital life-saving procedures for individuals
who have lost a lot of blood. However, if a blood transfusion is not done
correctly, the patient can be severely injured. If you or someone you
know has suffered harm due to a botched blood transfusion, we can help. The
medical malpractice lawyers at Wais, Vogelstein, Forman & Offutt in Baltimore have helped
countless clients pursue their medical negligence claims and can help
you as well. We stand by one principle: compassionate and aggressive representation
of the most seriously injured.
Blood Transfusion Mistakes
A blood transfusion is a relatively common and safe process that involves
receiving blood through an intravenous line. Blood transfusions are done
to replace blood that is lost due to surgery or a serious injury, such
as one sustained in an accident. However, when precise safety standards
are not adhered to, a blood transfusion can cause more harm than good.
Healthcare providers must ensure that the blood being given to the patient
is the correct match. Blood transfusion injuries can happen for a number
of reasons including: contaminated blood; wrong blood type; improper or
inaccurate labeling of blood; improper storage of blood and more. Errors
in blood transfusions could lead to serious infections, diseases or even death.
Maryland Medical Malpractice Law
Individuals who have suffered blood transfusion injuries can take legal
action against the at-fault medical provider by filing a medical malpractice
claim. Medical malpractice cases involve a breach of the applicable standard
of care. The standard refers to level of care that another healthcare
provider would use in the same or similar situation. Determining a violation
of the standard of care is not black and white and will vary according
to the specific situation.
Medical malpractice cases are rooted in the theory of negligence. As such,
a plaintiff who wants to win on a medical malpractice claim must establish
the following elements: i) the healthcare provider had a duty to adhere
to the appropriate standard of care; ii) the healthcare provider breached
that duty; and iii) the healthcare provider’s breach was the direct
cause of the patient’s harm. All of these elements must be present
in order for the plaintiff to be able to recover any type of compensation.
It is important to note that Maryland is one of the few states that recognize
the traditional common law doctrine of contributory negligence. This simply
means that any negligence on the part of the plaintiff will bar his or
her recovery entirely. Put another way, if the plaintiff was even one
percent negligent, he or she will not be able to seek any compensation
for the harm suffered.
Medical malpractice claims in Maryland must be filed within a certain time
limit, known as the statute of limitations. Under state law, a medical
malpractice lawsuit must be filed within five years from the date of when
the malpractice occurred, or three years from the time the injury was
discovered, whichever is earlier. The statute of limitations for a wrongful
death claim in Maryland is three years from the date of death.
Attorneys Helping Victims of Medical Mistakes in Prince George’s County
At Wais, Vogelstein, Forman & Offutt,
our medical injury attorneys have the experience and zeal to handle cases involving blood transfusion
injuries. We proudly represent clients throughout Prince George’s
County, Maryland, and the Washington, D.C. area. With more than 75 combined
years of experience, we understand the nuances of this area of the law.
To learn more, please
contact us online or call us at (410) 567-0800.