Yearly Archives: 2013
Maryland Applies Different Cap on Noneconomic Damages in Medical Malpractice Claims than in Other Personal Injury Claims
Maryland, along with many other U.S. states, imposes caps on the amount of noneconomic damages that juries may award in personal injury lawsuits. This limits the amounts that plaintiffs may recover for damages that are not directly related to the injury, such as pain and suffering or mental anguish. The cap has been lower… Read More »
Recent Article Argues That Birth Injury Lawsuits Are Beneficial, While Tort Reforms May Be Harmful, to the Medical Profession
A recent article challenges the notion that big malpractice awards, for birth injury or otherwise, automatically cause problems for the medical profession. While the article focuses mainly on New York malpractice law, it is instructive for medical practitioners in every other state, including Maryland. Unlike Maryland, New York does not have a cap on… Read More »
Contributory Negligence Doctrine Upheld in Maryland, Barring Recovery in Medical Malpractice Cases Where Defendant Was Not 100% at Fault
Unfortunately, Maryland is one of only a few states in the U.S. that continues to follow the “contributory negligence” doctrine, which affects the rights of every patient who has ever suffered due to medical malpractice. Most states, when a defendant is found liable for negligence, determine damages by apportioning fault between the defendant and… Read More »
Teen Who Went Blind As a Newborn Due to Medical Neglect Is Now Thriving
Retinopathy of prematurity, also known as “baby blindness,” is a serious condition that causes blindness in babies born earlier than 30 weeks of gestation. This is due to the fact that their blood vessels have not yet formed — or formed abnormally if the premature babies were given oxygen that was not properly monitored…. Read More »
Seventh Circuit Court of Appeals Rules That Illinois Mother Is Time-Barred From Filing a Medical Malpractice Claim in Arteaga v. United States
A Seventh Circuit case from earlier this year highlights the importance of learning about the statute of limitations before you file a medical malpractice lawsuit for birth injury. In Arteaga v. United States, an Illinois mother was barred from filing a claim on behalf of her child due to a provision in the Federal… Read More »
Appellate Court Considers Whether Urology and Nephrology Are “Related Specialties” Under Maryland Law
A Maryland court dismissed a medical malpractice case, ruling that the plaintiff did not produce a “qualified expert” as required by Maryland law. The Maryland Court of Special Appeals reversed the trial court’s ruling in Nance v. Gordon. State law requires a plaintiff, prior to filing a medical malpractice lawsuit, to produce an expert… Read More »
Pharmacy Error Wrongful Death Lawsuit Demonstrates the Impact of Damage Caps in Medical Malpractice Cases
The death of a six year-old girl in Texas, resulting from a severe morphine overdose, has led to a medical malpractice lawsuit by her mother against the pharmacy that provided the medication. State law imposes a cap on the amount of damages she can recover, regardless of the circumstances of the case. Damage caps… Read More »
Maryland Jury Awards Over $950,000 to Family in Medical Malpractice Wrongful Death Lawsuit
A jury in Harford County, Maryland awarded more than $958,000 to the family of a woman who died after receiving “excessive amounts” of pain medication during a hospital stay. The woman’s death, according to the lawsuit, resulted from the hospital providing hospice care rather than standard treatment for her condition. The family sought damages… Read More »
About 250 Patients Settle Lawsuit Accusing Maryland Doctor of Unnecessarily Implanting Heart Stents
Several weeks into trial in a Baltimore courtroom, the parties to a medical malpractice lawsuit reached a settlement. The plaintiffs alleged that a doctor performed hundreds of procedures to implant heart stents that were not medically necessary at St. Joseph Medical Center in Towson, Maryland. The settlement will reportedly resolve the case for about… Read More »
New Report Sheds Light On Potential Causes of Preeclampsia
Preeclampsia, or maternal hypertension, is a rare complication of pregnancy, but one that is difficult to predict and can be deadly. A pregnant woman with symptoms of preeclampsia may experience shortness of breath, headaches, changes in vision, or swelling of the hands and face. Such symptoms can appear anytime from 20 weeks into the… Read More »