When a doctor or medical professional performs a procedure on a patient, begins treatment, or administers a test, the patient is legally required to be made aware of everything about the procedure, treatment, or test, its risks, the desired outcome, and any other crucial information such as recovery time, etc. They must willingly agree to move forward before the test or procedure is done. In some cases, the patient will have to make a difficult decision about their own care. This process is something called informed consent, and allows patients to have realistic expectations as well as stay properly informed and educated.

Medical malpractice cases are often complex because they involve an injured person who is seeking financial compensation from a health care provider who allegedly acted negligently and caused the person’s injuries or harm. Investigating what happened, how, and why can take a great deal of time and state and federal laws may affect the case. The institution or hospital’s insurance legal department will also become involved in the lawsuit.

What Necessitates Medical Malpractice in Maryland?

There may have been times when you have had a negative experience with a medical professional. It could be from a standard checkup or with the administration of a hospital. But just because you had a bad experience doesn’t mean that you have a valid medical malpractice case.

Medical negligence can happen in a number of ways. Valid cases usually involve a trusted medical professional acting in a way that causes harm to their patient. Negligence can lead to situations like surgical errors, for instance, which is when a surgeon performs an operation on the wrong area, on the wrong patient, or leaves medical tools and sponges inside the surgical site.

If you’ve sustained an injury and are waiting to be seen in the E.R., the last thing you’d expect is that a nurse, doctor, or medical technician may make a mistake and cause you harm. We expect medical professionals to treat us fairly and properly and to take the necessary actions to improve our health and well-being. Unfortunately, mistakes in hospital settings—including emergency room settings—do happen.

While there are a variety of explanations for these mistakes, there are never any excuses. Mistakes and errors in a hospital setting that cause harm should not occur. To avoid mistakes in the emergency room, it’s important to examine how they happen, what the consequences of them are, and what you can do as a patient to improve the care you receive.

Emergency medical technicians are responsible for responding to emergency injuries. They provide critical treatment and transportation to patients who experience a health crisis or injury. These first responders have tough jobs and do amazing work.

But what happens when a paramedic makes a mistake or acts negligently while treating or transporting patients? Unfortunately, not all EMTs live up to the standard of providing excellent care.

First Responder Responsibilities

The core duties of paramedics include:

• Evaluating patients for injuries and life-threatening conditions
• Preparing patients for transportation
• Providing prompt and safe transportation to a nearby hospital or another medical facility
• Giving necessary care to patients until they arrive at the hospital

Maryland fans of reality television may be familiar with a show entitled, “My 600-lb Life” that profiles morbidly obese people as they go through their weight loss journeys. As part of the show, their care is overseen by Dr. Nowzaradan, referred to on the show as Dr. Now, who also performs weight-loss procedures on his patients as part of their care. Patients are painfully aware of the possible risks involved in the surgery, but many of them probably did not realize the danger could come from Dr. Now who is currently facing a medical malpractice claim from one of his patients.

Both the doctor and the clinic out of which he works are named in the suit, which was filed in Sept. 2017. The former patient alleges that Dr. Now failed to remove tubing and a stainless steel connector inside the patient following surgery to repair a hiatal hernia and remove a gastric band system two years prior to that date. Just days thereafter, the patient began experiencing excruciating abdominal pressure and pain.

Maryland moviegoers may remember that Bill Paxton starred in big box office blockbusters such as “Twister,” “Titanic” and “Aliens” throughout his career. He also graced the small screen in television shows such as “Big Love,” which aired on HBO. He died on Feb. 25, 2017, just days after undergoing a surgical procedure on his heart at the age of 61. Now, his family has filed a lawsuit claiming that medical malpractice took his life.

The family alleges that the surgeon failed to disclose all of the potential risks involved in the operation to them or Paxton. Moreover, they claim that the surgeon was not qualified to perform the unconventional and highly risky procedure. Even though his official cause of death is listed as a stroke after heart surgery, the family believes that his death could have been prevented.

Allegedly, the surgeon’s lack of experience reportedly led to post-surgical complications that led to the stroke. The lawsuit not only involves the surgeon, but also the hospital where the operation took place, Cedars-Sinai. The family says that the trust they and Paxton placed in the hospital staff and the surgeon was betrayed. However, it may be up to the courts to determine whether Paxton’s medical care fell below the accepted standards of care.

Paxton’s family could have a long road ahead of them since medical malpractice lawsuits are notoriously challenging. The level of medical expertise required in many cases alone can make these cases problematic. This is due, at least in part, to the need to differentiate between unfortunate circumstances and medical error. Anyone in Maryland believing that a medical mistake took the life of a loved one may find it comforting to know that they do not have to go through this process alone.

Source: CNN, “Bill Paxton’s family files wrongful death suit“, Sandra Gonzalez, Accessed on March 4, 2018

When assessing the readiness of residents to perform surgery, the longstanding process has been for supervising surgeons to assess individual performance in the operating room. While this technique has proven effective for decades, the emergence of more regulatory bodies in surgical education has highlighted a need for a decidedly less subjective performance evaluator.

While a host of studies have been undertaken in an attempt to identify a more objective performance evaluator, including measuring the heart rates and blood flow to the brains of surgical residents, none have actually been deployed during a real life surgery.

That has now changed, however, thanks to the efforts of researchers at the University of Missouri who are currently in the middle of a five-year study measuring whether sweat levels could actually prove to be a reliable barometer of surgical readiness among residents.

Anyone who must undergo some manner of operation knows through their conversations with surgeons and their own research or personal experience that there is always some degree of risk involved. Indeed, postoperative complications can arise, infections can develop, and the underlying disease or condition can remain unchanged.

However, there is at least one aspect of surgery about which patients should be able to have complete confidence: avoiding wrong-site, wrong-procedure, wrong-patient errors or simply WSPEs. That’s because these types of surgical errors are typically 100 percent preventable and considered so flagrant that federal health officials have labeled them as “never events,” meaning they should simply never occur.

The unfortunate reality, however, is that even though WSPEs should never occur, they still do — and often with devastating results.

Two years ago, the National Academy of Medicine published a groundbreaking report indicating that not only will the majority of people receive an incorrect or delayed diagnosis at least once during their lifetime, but that roughly 12 million people — or close to 5 percent of adults seeking outpatient care — are misdiagnosed every year.

Furthermore, previous research has found that diagnostic errors are behind 6-17 percent of adverse hospital events, 10 percent of hospital deaths, and present in 10-20 percent of all cases.

As enlightening — and frightening — as these numbers are, the study authors cautioned that additional study was needed to identify the scope of the problem.

Even though hospitals have signs in strategic locations warning about the possibility of a patient taking a fall, this kind of accident happens on a daily basis. Patients may fall because they felt woozy getting out of bed or because the freshly mopped floor was slippery.

Some patiens survive such falls without harm. But if they suffered a lasting injury it may be classed as a medical error, and they may be entitled to compensation from the medical facility.