Maryland man wins malpractice lawsuit after unsuccessful surgery

At Cohen, Snyder & Eisenberg, P.A., we represent people in Maryland injured by the negligent, reckless or aggressive actions of others in personal injury and medical malpractice lawsuits. We also help the surviving relatives of victims who die because of these kinds of injuries bring wrongful death claims. Wrongful death an independent, new claim Last year, the Court of Appeals of Maryland, our state’s highest court, handed down an important opinion about whether surviving loved ones can file a wrongful death lawsuit after their family member dies if the victim had already recovered damages in a personal injury suit during his or her lifetime for the same injury. The court held that the personal injury judgment does not necessarily preclude the later wrongful death suit, emphasizing that in Maryland, the wrongful death claim is considered an independent and new cause of action that is not normally prevented by the earlier personal injury judgment (with some exception). The medical malpractice lawsuit The case was Spangler v. McQuitty, a complex case that grew out of a medical malpractice lawsuit for a birth injury. The parents filed suit against the obstetrician, his medical practice (and others who settled) for not getting proper informed consent from the mother for the treatment given, allegedly resulting in a condition that caused severe injury to the child at birth, culminating in cerebral palsy. A jury awarded more than $13 million in damages, which was eventually reduced to just over $5 million. During the legal proceedings, the child died from his injuries and the parents were substituted as plaintiffs in their capacity as personal representatives of the child’s estate. The wrongful death claim After the damages were paid, the parents filed a wrongful death suit based on the same injuries that eventually caused death. The case eventually ended up at the Maryland high court, which held that: The state wrongful death statute establishes the right to a new, independent suit that is not precluded by the original personal injury suit, a minority view among the states. The personal injury suit was brought by the victim for his damages during life, while the wrongful death suit was by his survivors for their losses from the death. This is a broad overview of a very detailed opinion. Anyone with questions about a wrongful death should seek legal advice from an experienced attorney as soon as possible.

Anesthesia is an important part of the medical industry. It is used to sedate patients prior to a procedure or a surgery. It helps the patient’s body relax and calm down and the patient to sleep during the procedure. When anesthesia is incorrectly administered, or not administered at all, it could be the sign of medical malpractice in Maryland. One of the most common mistakes made with anesthesia occurs when improper training or experience is involved. Believe it or not, there are many technicians out there who do not receive the proper training for administering anesthesia. Many of these people receive on the job training that is not adequate enough to ensure that patients will not be harmed during their procedures or surgeries. Poor communication can also lead to anesthesia errors or mistakes in a doctor’s office or hospital. Poor communication occurs when an anesthesiologist does not receive clear instructions from a doctor or a nurse about what needs to be administered to a patient. It can also happen when personalities clash, leading to the anesthesiologist ignoring orders or even failing to hear what he or she is being told. Poor communication could also cause the anesthesiologist to miss the description of the patient, such as his or her weight and history with anesthesia. Many anesthesia errors occur when the anesthesiologist fails to read the patient’s chart or other medical paperwork. A patient’s chart includes important information that can prevent an allergic reaction or other medical condition from occurring. It lists medications that cannot be administered. It could also note if a patient should not be administered anesthesia because if he or she does receive it, it could cause a stroke or a heart attack. If you or a loved one has been injured by the medical malpractice of a doctor or nurse involving anesthesia, contact our firm in Baltimore, Maryland, to speak about your case and how you can obtain compensation for injuries incurred.

A scar can make you feel self-conscious, be unsightly or even feel painful. No scars are exactly alike, and there are many kinds you could be dealing with. When your scar is the result of an injury that someone else caused, that person should have to provide you with a way to pay for the necessary treatments to help heal this condition. Scarring itself occurs when the body heals after an injury. However, some do not heal cleanly, leaving dark marks, raised formations or painful, tough skin. Keloid scars, for example, form when the body heals in an overaggressive manner. A keloid scar can actually make it difficult to move in some cases, which could require surgery to correct. Smaller keloid scars can be treated with freezing therapies. Another kind of scar is a hypertrophic scar. These red, raised scars are like keloids but don’t extend beyond the boundary of the injury itself. These scars can be treated with steroids or silicone to help flatten them. Contracture scars also cause some trouble. These occur most commonly after burns and cause the skin to tighten. This makes it hard for you to move in some instances, depending on where the scarring is. Some of these scars go deep into the tissues, muscles and nerves. After you suffer an injury that results in scarring, you may need additional treatments to recover. Laser treatments, surgeries to remove scar tissue and other techniques can be used, but they may be costly. It’s important to reach out and look into your legal options if your injuries are a result of someone else’s negligence. Source: WebMD, “ Cosmetic Procedures: Scars,” accessed Dec. 23, 2016