Posted on August 17, 2015 in Complex Civil Litigation

Governments and businesses know – or at least they should – that there’s a difference between being vicariously liable and being directly negligent. Jurors may not, however, so how carefully should the distinction be explained come time for crafting jury questions? Perhaps not much – according to a new opinion of the Court of Special Appeals, provided the jury is otherwise instructed properly by the trial court and counsel, blurring the line between vicarious liability and negligence in a jury question can be excusable.

In Jordan v. Torain, Ct. Spec. App., Sept. Term 2014, No. 1320 (July 23, 2015), David Jordan drove his car into the back of a trash truck, operated by City employee Robert Torain, as it turned into a nearby alley; Jordan claimed (and Torain denied) that the truck cut across his lane. Jordan sued on claims that Torain was negligent, the City was vicariously liable for that negligence, and the City had negligently entrusted Torain with the vehicle. Torain and a worker on the back of the truck sued as well, alleging negligence against Jordan. The two cases were later consolidated.

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 Posted on August 14, 2015 in Medical Malpractice

Healthcare facilities have long understood that patients whose conditions include mobility problems are at an increased risk of falling and injuring themselves. In recognition of this fact, such facilities – including nursing homes – often institute internal policies and procedures governing the process of identifying those patients who are at high risk for falls as well as mechanisms for preventing those patients from falling.

The risk of falling for those patients with mobility impairments is exponentially higher when going to and from the restroom, when showering, and when changing clothes. During these times, a nurse or other healthcare provider should remain in close enough proximity to the patient to catch them if he or she appears unsteady or is about to fall. In the field of nursing, the term used to describe this close proximity is a "contact guard" and requires that the nurse maintain "contact" with a patient’s body so as to both support and assist them while ambulating. In the event that a patient should begin to fall, a nursing aid who is maintaining proper contact with a patient should thus be in a position to "catch" the patient and guide them to a walker, chair or to the floor in a manner that would avoid a traumatic fall/injury.
Unfortunately, physicians, nurses, and other staff at these facilities often violate their own policies and procedures by failing to provide contact guard assistance to patients at increased risk of falling. When a patient who is already at a heightened risk for falling does in fact fall, it can cause catastrophic injuries and aggravate the already-compromised condition of the patient. Falls also can cause significant setbacks in many patients’ road to recovery. Of course, in elderly patients, a fall can result in a shortened road to ultimate demise.

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 Posted on August 14, 2015 in Medical Malpractice

Radiology is an area of medical specialty that involves the evaluation and interpretation of images and films generated by tests such as X-Rays, CT Scans, MRIs, Mammograms, Sonograms and Ultrasounds. Radiologists, the individuals who are trained to read and interpret these images, are often the first line of defense for a hospital or emergency room physicians as the radiologist can often see what the doctors treating the patient cannot: fractured vertebrae, broken bones, internal bleeding, aneurysms, pulmonary emboli and many other life threatening conditions. When a radiologist fails to properly read and interpret these kinds of studies, your health is at risk. For example, a radiologist may miss a fractured vertebrae in a patient’s neck or back on a CT scan or an MRI, a fracture that could, if the vertebrae becomes displaced toward the spinal cord, result in paralysis. Under different circumstances, a radiologist may miss an aneurysm or early stages of an aortic dissection (a tear in your main blood vessel coming out of your heart) that could rupture and cause you to die. When these kinds of errors happen, they may amount to medical malpractice. Although in most cases the radiologist does not communicate with the patient directly, the radiologist’s failure to properly read or interpret a study affects how emergency room physicians and other doctors care and treat their patients. Accordingly, if a radiologist misreads an image or film and mistakenly rules out the condition that you have, your doctors may fail to treat your for that condition.

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 Posted on August 03, 2015 in Medical Malpractice

An aortic dissection is a serious condition in which the wall of the major artery carrying blood out of the heart – the aorta – tears. An aortic dissection can lead to aortic rupture or decreased blood flow to vital organs. Generally, symptoms of an aortic dissection come on suddenly and often include sharp, stabbing, tearing or ripping chest pain which moves to the shoulder, neck, arm, jaw and/or abdomen. The decreased blood flow to the remainder of the body caused by an aortic dissection can result in fainting, dizziness, sweating, nausea, pale skin, shortness of breath and an accelerated or slowed pulse.

When a patient presents with any combination of the above-mentioned symptoms, a cardiac event – including an aortic dissection – must be included in the differential diagnosis until definitively ruled out. A CT scan can easily be used to diagnose or rule out an aortic dissection but, critically, the CT scan must be performed with dye / contrast in order for the aortic dissection to be seen. Performing a CT scan without dye / contrast will prevent the physician from seeing the dissection, causing the physician to falsely believe that there is none.

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 Posted on July 24, 2015 in Medical Malpractice

A pregnancy can be determined to be high risk for any number of reasons but one common factor that makes a pregnancy “high risk” is advanced maternal age. Women who become pregnant when they are older are more likely to carry fetuses with chromosomal abnormalities such as Down syndrome. Because of these risks of complication, some mothers-to-be elect to undergo genetic testing known as Chorionic Villus Sampling (“CVS”). CVS is a prenatal test in which a sample of chorionic villi is removed from the placenta for testing. When CVS reveals the presence of a condition that is likely to severely diminish the quality of life of the child, it is generally well within the pregnant woman’s rights to terminate the pregnancy. If that testing is not interpreted accurately – i.e., it is reported as normal – an unwanted, full term pregnancy can result and the parents of the child could have a claim for malpractice under Maryland law.

In addition to Down syndrome, another genetic or congenital abnormality that can occur due to advanced maternal age pregnancy is Smith Magenis Syndrome (“SMS”). SMS is a severe genetic disorder that can cause significant intellectual disability, delayed and impaired speech and language skills, severe sleep disturbances and severe behavioral problems. SMS occurs as the result of a defect on the 17th chromosome. Children who are born with SMS are likely to require a life-time of 24-hour supervision and are unlikely to ever live independently or be gainfully employed.

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 Posted on July 24, 2015 in Medical Malpractice

Last month, a Fairfax County, Virginia jury returned a verdict of $500,000 against a Bethesda, Maryland based anesthesiologist for her conduct during a colonoscopy procedure she oversaw. As reported by multiple news outlets, as the Plaintiff, a Virginia man, prepared for his colonoscopy in a medical suite, he pressed the record button on his smartphone, in an effort to capture the post-operative instructions that anticipated his doctor would give him. His smartphone, which was in his pants pocket and placed under the operating table during the procedure, ended up recording the entire procedure. When he returned to his home, the man pressed play and was shocked at what his phone had recorded. In short, what he heard was the entire operating room team, including his anesthesiologist and gastroenterologist, openly and viciously mocking him while he under anesthesia. For example, at the outset of the procedure, a medical assistant noted that the man had a rash. In response, the anesthesiologist warned her not to touch it, tell the young woman that she "might get some syphilis on your arm or something" then adding, "it’s probably tuberculosis in the penis, so you’ll be all right." The anesthesiologist was also recorded telling the sedated man that "after five minutes of talking to you in the pre-op…I wanted to punch you in the face and man you up a bit." In addition to the shocking commentary, the health care providers also instructed an assistant to lie to the man after the procedure and how the doctors would endeavor to avoid him after the colonoscopy. Lastly, the doctors also discussed placing a false diagnosis on his chart – stating that the man had hemorrhoids, when in fact he did not.

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 Posted on July 17, 2015 in Medical Malpractice

According to the National Stroke Association, a stroke occurs when blood flow to an area of the brain is cut off, and brain cells are deprived of oxygen and begin to die. When brain cells die during a stroke, functions controlled by that area of the brain such as memory and muscle control are lost. A stroke can have different impacts on people ranging from minor problems such as temporary weakness in limbs to more serious problems such as paralysis, losing the ability to speak or death. Moreover, in some people these issues are temporary and in others they prove to be permanent.

Given the devastating effects that a stroke can have, the importance in diagnosing and treating them quickly cannot be overstated. They key is quickly recognizing the symptoms. Classic stroke symptoms include sudden weakness or numbness in the face, arm, leg or one side of the body; sudden loss of vision, strength, coordination, sensation, or speech; and trouble swallowing. It is crucial that when a patient presents with any one or a combination of these symptoms, that the doctor include a stroke in the differential diagnosis.

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 Posted on July 16, 2015 in Medical Malpractice

Recent reports have alleged that hundreds of unsuspecting patients who underwent spinal fusion surgery at Baltimore Washington Medical Center between 2007 and 2013 may have been implanted with defective spinal hardware, including spinal screws and other hardware. In particular, these reports suggest that patients of Dr. Randy Davis, a surgeon who operates at Baltimore Washington Medical Center, may have received and implanted spinal hardware manufactured by Spinal Solutions, Inc. that was not FDA approved, and therefore, potentially unsafe for patients. If you or a loved one were implanted with defective spinal hardware, and this was known by the doctors and/or hospital that utilized this equipment, you may have a medical malpractice against those persons or entities. The implantation of defective spinal hardware is well known to potentially result in additional harm to a person’s body, the need for subsequent removal and revision surgeries or other significant complications. At STSW, our lawyers have decades of experience in handling similar types of medical negligence or product liability types of cases involving defective medical/surgical equipment. Accordingly, if you or a loved one have had spinal fusion surgery at Baltimore Washington Medical Center between the years 2007 and 2013, you are urged to contact our office for a no cost consultation at 410-385-2225.

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 Posted on July 13, 2015 in Medical Malpractice

When you or a loved one have been injured or has died as a result of suspected medical negligence / medical error in Maryland, our lawyers know that it is difficult to know what do, who to call and what your next steps should be in order to determine if you have a medical malpractice case that is worthwhile pursing. Here is what you can expect from our firm and our lawyers when you make that initial phone call to us.

Upon answering your call, our receptionist will transfer your call to one of our experienced medical malpractice attorneys. During the call, our attorneys will take down your general biographical information and then ask you to explain as many of the details of your potential malpractice case. Our attorneys will do their best to construct an accurate timeline of events from the information that you are able to provide to us. In some instances, based upon the information that you provide, our attorneys will be able to tell you that your case is unlikely to be able to be successfully pursued. In other instances, our attorneys may ask you to provide us with additional information in order for us to determine whether it may be a viable case.

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 Posted on July 10, 2015 in Medical Malpractice

Shoulder dystocia occurs when, during childbirth, the baby’s shoulders get stuck on the mother’s pelvis bones after delivery of the head. This complication is considered an obstetric emergency and, if it is not dealt with quickly, serious injury can occur to both the pregnant woman and the baby. Indeed, if during shoulder dystocia the umbilical cord is compressed for even a short time, the baby can die. Significant risk factors for shoulder dystocia include gestational diabetes, excessive weight gain and post-term pregnancies.

One method of resolving an episode of shoulder dystocia is by applying gentle traction in an attempt to free the shoulder from the pelvic bone. However, it is crucial that the obstetrician not apply excessive traction. Doing so can cause a severe and permanent injury to the baby’s brachial plexus, which is a group of major nerves that run from the spine into the arm that control movement and sensation to the arm. If too much traction is used, the injury to the brachial plexus can cause devastating Erb’s Palsy which is essentially paralysis and lack of sensation of the arm due to a tearing of the brachial plexus.

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