What kinds of scarring are there?

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.

As a patient, it’s always important that you can get the drugs you need when you need them. If you get hurt at work and need to get a prescription, the first thing you do is look for a generic. It’s cheaper and as effective as branded drugs. If a company tries to take away your ability to access this generic, then it can be charged for malpractice, fraud and other crimes. Maryland is among a majority of states now suing the makers of the heroin addiction treatment drug, Suboxone, for antitrust violations. The lawsuit claims that Reckitt Benckiser, which is now known as Indivior and MonoSol RX, worked to block generic competition for Suboxone by creating a dissolving film version of the drug instead of a tablet. As a result of that switch, consumers have had to pay artificially high prices for the drug since 2009, when a generic would have been able to have been put on the market otherwise. The company claims that the allegations are without merit, and that as a small company in New Jersey with manufacturing in Indiana, they have patented technologies and high-quality items that they provide to caregivers and patients. The company’s chief executive officer claims that Suboxone as a sublingual film is a product that has saved numerous lives since its approval in 2010. Originally Suboxone was a tablet. They came out in 2002 and were placed under a patent that prevented other companies from developing generics for at least seven years. Before the patent expired, the companies Reckitt and MonoSol worked together to create a new version of this drug and then shifted the market away from the tablet, indicating that it would be better to use the film. Once most of the consumers had changed to using the film instead of the tablet, Reckitt took the tablet off the market. For patients, this kind of negligence cost them an extensive amount of money. Health care providers also have to absorb the cost, and in some cases, when a cheaper generic alternative is not available, patients don’t get the drug that they need. Source: The Baltimore Sun, “ Maryland among 36 states suing makers of heroin addiction treatment drug Suboxone for antitrust violations,” Sarah Gantz, Sep. 23, 2016