Lawsuit Information Center
Miller & Zois has some of the most highly regarded and successful Maryland medical malpractice lawyers. Our attorneys have earned tens of millions of dollars for our clients by successfully litigating medical malpractice cases throughout Maryland and Washington, DC. We care, and we can help you.
The purpose of this page is to tell you what you need to know to make the right decisions to maximize your medical malpractice settlement amount or jury payout. You only have one medical malpractice case. Our malpractice lawyers tell you what you need to know to make sure get the most money possible.
If you have been the victim of medical malpractice in Maryland, contact us today for a free case evaluation. Call use at 800-553-8082 or contact us online.
ON THIS PAGE:
- What Are Your Chances of Winning a Malpractice Case?
- Settlement Value of Maryland Medical Malpractice Cases
- Common Types of Malpractice Claims
- Maryland Medical Malpractice Settlements & Verdicts
Maryland Medical Malpractice News and Updates:
September 6, 2024 – Psychiatric Malpractice Lawsuit Dismissal Affirmed
In an unreported opinion yesterday, the Appellate Court of Maryland affirmed the dismissal of a medical malpractice complaint due to the failure to file a compliant certificate of a qualified expert (CQE) in a psychiatric malpractice lawsuit.
The plaintiff, who has autism spectrum disorder, received treatment in the Neurobehavioral Unit (NBU) at the Kennedy Krieger Institute. He claimed that he underwent noise exposure therapy, during which he was confined in a room and subjected to “ear-piercing” sounds of screaming babies. He alleged that the experience was so distressing that, after repeatedly asking to be released, he began hitting himself in the head and ultimately ran at full speed into an unbreakable observation window. As a result, the plaintiff said he sustained a brain injury, leading to increased sensitivity to sound, self-injurious behavior, and heightened aggression.
The case was initially filed in the Health Care Alternative Dispute Resolution Office (HCADRO) without a CQE, and although the appellant received an extension to file, the court ultimately dismissed the case for non-compliance
The appellant argued that the defendants had failed to file their CQE in a timely manner and that their expert was improperly chosen, being a former employee. However, the court found that the appellees’ CQE was timely filed after an extension was granted due to a typographical error. Additionally, the court noted that a former employee is not barred from serving as an expert under Maryland law, and the appellees’ CQE was therefore compliant.
The man further requests for an extension to obtain a replacement CQE and accusations of obstruction by the appellees were also dismissed. The court concluded that the appellant had already exhausted the extensions allowed under the law, and there was no good cause to grant additional time. Maryland courts are very strict on this requirement. As the appellant’s CQE remained non-compliant despite these extensions, the court’s dismissal of the complaint was upheld.
August 27, 2024 – Eastern Shore Nursing Home Lawsuit Filed in Federal Court
A Delaware family filed a new nursing home lawsuit last month against Berlin Nursing and Rehabilitation Center, alleging negligence in the death of a resident.
The plaintiffs, acting as representatives of the estate and as wrongful death beneficiaries, claim that the facility’s staff administered an overdose of insulin (Lantus) despite the medication being discontinued by the resident’s doctors. This alleged overdose resulted in the resident’s death on the following day.
The complaint asserts that the facility failed to properly monitor and treat the resident’s diabetic condition, leading to fatal hypoglycemia. The family is seeking $1 million in compensatory damages for the resident’s pain, suffering, funeral expenses, and related costs. The lawsuit also includes a wrongful death claim for the emotional distress and economic losses suffered by the family.
The case is filed in the U.S. District Court for the District of Maryland. Why file this claim in federal court? The family is from Delaware, which makes federal court an option. Many Maryland malpractice lawyers prefer a federal court jury over an Eastern Shore jury.
August 25, 2024 – $314,000 Verdict in Negligent Medical Transport Case
A jury in Baltimore County awarded $314,000 in a medical malpractice wrongful death case alleging that a nursing home was negligent in transporting one of its resident patients. The 84-year-old resident was a double amputee who was placed in the facility’s medical transport van. During the trip, the man fell out of the wheelchair and hit his head on a metal object. He later died from his injuries. The lawsuit alleged that the defendants breach the standard of care by failing to use proper restraints and failing to monitor the patient during the transport.
July 31, 2024 – Virginia Damages Cap Applied to Malpractice Case Filed in Maryland
The Maryland Supreme Court ruled on Wednesday that Virginia’s cap on non-economic damages applies to a jury award stemming from a liposuction procedure gone disastrously wrong.
The case involved a patient who crossed state lines from Maryland into Virginia for what was supposed to be a “minimally invasive” procedure—only to return home with an infection that turned her life upside down.
A Maryland jury initially awarded the patient $2.3 million, including $2 million in non-economic damages. The Circuit Court, however, wielding Maryland’s lower cap, as it must, like a blunt instrument, slashed the award to $1.05 million. The patient argued that because the infection -her legal “injury” – occurred in Virginia, that state’s more generous cap should apply.
The Maryland Supreme Court relying on the principle of lex loci delicti (that’s lawyer-speak for “where it happened matters”), agreed. With expert testimony establishing that the infection took root during the Virginia-based surgery, the court ruled Virginia law applies, restoring the bigger compensation award. This is a good opinion for this plaintiff but the facts of this case will not apply in many medical malpractice lawsuits in Maryland.
April 2, 2024 – Jury Awards $4,587,689 For Loss of Kidney
The plaintiff, a 30-year-old female, underwent a bilateral oophorectomy (surgical removal of the ovaries) after a mass was found on each of her ovaries. During the laparoscopic procedure, the defendant accidentally cut into the patient ureter, although this mistake was not discovered until months later after the patient underwent additional surgery. The severed ureter caused her kidney to fail and it had to be removed. The plaintiff asserted negligence in failing to isolate and protect the ureter during the oophorectomy, failing to properly trace the ureters to ensure they were undamaged, failing to ensure the ureters were undamaged before closing the surgical site, failing to repair the damaged ureter, and failing to save the kidney.
March 3, 2024 – Appellate Ruling on When Informed Consent Applies
In Street v. Upper Chesapeake Med. Ctr. Inc., 260 Md. App. 636 (Md. App. 2024) the Maryland Appellate Court held that a claim for lack of informed consent could not be asserted against a doctor when that doctor did not actually treat the plaintiff. The doctor simply recommended that the patient be evaluated by a specialist in a defined time period. The doctor did not formulate and carry out a course of treatment and her recommendations lacked the “hallmarks of a treatment plan.” Therefore, the court found that informed consent was not applicable. The court also held that the trial court was incorrect in deciding that the internal rules of the medical practice could be used to establish what the applicable standard of care was.
February 23, 2024 – $3.3 Million in Failure to Diagnose Case
The plaintiff had a small lump in the front of her right ear and her primary care doctor sent her to a radiologist from the defendant, Peninsula Radiological Associates, for a soft tissue neck CT scan. The radiologist interpreted the scan as normal. 7 months later the lump had gotten bigger and a biopsy revealed that it was Stage IV salivary duct cancer that had already spread to her bones and liver. She sued the radiology company alleging negligent failure to properly interpret the CT scan.
January 4, 2024 – $101 Million Paid in Malpractice Claims in 2023
According to updated data from the U.S. Department of Health and Human Services, a total of $101,191,000 was paid out in compensation on 248 medical malpractice claims in Maryland in 2023. That works out to an average settlement payout of just $400,000 per claim. Keep in mind that this does not include verdicts in cases that went to trial, and certain types of malpractice claims may be not be included. A quarter of those payouts were between $1-$2 million, and only 4% of the settlements were under $100,000.
What Are Your Chances of Winning a Medical Malpractice Claim?
If you can find a medical malpractice attorney to take your case and get an expert opinion to support your claims, your chances of getting some compensation for your malpractice claim are very good.
Statistically, around 7 out of 10 medical malpractice claims result in financial compensation to the plaintiff. Those are national numbers. In Maryland, it depends on the jurisdiction. In Baltimore City or Prince George’s County, the numbers are better than that. Outside of those two jurisdictions, the number falls below 70%.
Nationally, around 71% of medical malpractice lawsuits filed in court are resolved with some type of out-of-court settlement before going to trial. Just 12-15% of all medical malpractice cases go all the way to trial. So, one out of every 10 malpractice plaintiffs will never have to go to court.
However, for the small segment of malpractice cases that do go to trial, the odds are stacked heavily against the plaintiff. Defendants win about 80% of the time in medical malpractice trials. But you have to understand – the cases that go to trial often go to trial for a reason. The best medical malpractice cases settle long before a jury is sworn in.
The Maryland medical malpractice lawyers at Miller & Zois have established significantly higher success rates compared to these national averages. We settle a higher percentage of our malpractice cases before trial and we have a solid winning record for those we do take to trial.
Maryland Medical Malpractice Settlement Amounts
Medical malpractice lawsuits have a much higher average settlement value compared to regular personal injury claims. Malpractice cases typically involve more serious injuries, and the liabilities are generally covered by large insurance policies.
What is the average settlement for a medical malpractice lawsuit? Before we give the answer, you have to realize that the what is the average settlement in a medical malpractice lawsuit means little to your case. Forgive the cliché, but every case is so different. But, okay, it still is instructive on some level. We get that which is why we provide the information.
In the U.S., the average settlement range for medical malpractice claims is $305,000 to $382,000. The median settlement value is somewhat lower, at $249,500. The average verdict amount for malpractice cases that go to trial (and win) is slightly over $1 million.
These averages are based on national case data. The average settlement value for Maryland medical malpractice lawsuits is $396,500 – $469,600. This is about 30% higher than the national average. The average settlement value is even higher in certain Maryland jurisdictions. Malpractice cases in Baltimore, MD, have an average value that is 44% higher than the national average.
What Impacts the Settlement Value of Malpractice Cases?
There are a handful of factors that tend to drive the potential settlement value of medical malpractice malpractice cases in Maryland. The most significant factor by far is the nature and severity of the injuries caused by the malpractice. If the medical malpractice results in serious, permanent injuries, or death, the case will have a much higher settlement value than if the malpractice causes less serious injuries.
The second factor that really drives settlement value in malpractice cases is the nature of the medical negligence involved. If the medical negligence or mistake is clear and obvious (e.g., amputating the wrong leg) the settlement value will be much higher because the defense will want to avoid going to trial.
Another factor that impacts the settlement value of malpractice cases in Maryland is what jurisdiction the case get filed in. Certain jurisdictions in Maryland, specifically Baltimore City and P.G. County, are much more plaintiff-friendly in medical malpractice cases. Malpractice cases in either of these two venues will automatically have a higher settlement price tag.
Common Types of Malpractice Claims
Medical negligence can occur in an almost infinite variety of ways and circumstances. However, specific types of negligent medical care account for most medical malpractice claims. Below are outlined the categories of common medical malpractice claims. Were are including both doctor malpractice claims and hospital malpractice claims here.
Misdiagnosis
Negligent misdiagnosis, failure to diagnose, or delay in diagnosis is the most common type of medical malpractice. Diagnosing health conditions accurately and timely is the primary function and responsibility of any doctor.
When a doctor fails to diagnose a condition, such as cancer, it can result in a dangerous delay in medical treatment and allow the disease to spread or become terminal. Similarly, if a doctor incorrectly misdiagnoses a patient’s medical condition, they may end up getting unnecessary medical treatment instead of the potentially life-saving treatment that they need.
Birth Injuries
Negligence during labor and delivery frequently causes tragic injuries to the baby, such as cerebral palsy, which can leave them disabled for the rest of their life. A very large percentage of these birth injuries are preventable, and they often result due to sloppy or negligent care during the labor and delivery process.
There are a handful of obstetric delivery complications that arise before or during childbirth. When these situations occur, the OB/GYN and delivery team at the hospital have a very short window of time in which to intervene and prevent injury to the baby. Examples of the type of delivery complications that lead to birth injuries include placental abruption, uterine rupture, shoulder dystocia, and many others.
Surgical Errors
Surgical errors are the second most common type of medical malpractice. There is always some level of risk with any major surgery and there is no guarantee of good outcomes. Surgical malpractice occurs when the surgeon makes a mistake (e.g., removes the wrong organ), or negligently performs the surgery with a lack of skill or care causing injury to the patient.
Examples of common surgical errors include lap chole bile duct injuries, nerve damage during splenectomy, and wrong surgical site injuries. The category of surgical malpractice also includes cases involving negligent post-surgical care (e.g., failure to prevent infection) and negligence in connection with non-surgical medical procedures.
Emergency Room Errors
Emergency room errors are another very common source of medical malpractice claims and they include any type of medical negligence occurring in the emergency room. Most emergency room medical malpractice cases involve some type of diagnostic error resulting in delayed diagnosis of a more serious condition.
ER doctors work in difficult situations and they are used to overreacting to patients. This invariably leads to a tendency not to take anything seriously and dismiss patients without full diagnostic testing. The delayed diagnosis of the patient’s actual condition can often have very devastating consequences.
Medication Errors
Medication errors occur when doctors, pharmacists, or other medical professionals prescribe the wrong drugs or negligently administer medication resulting in serious injury to a patient. There are generally 3 types of medication errors that generate malpractice claims:
- Incorrect Medication: occurs when the doctor prescribes the wrong drug, the pharmacy dispenses the wrong drug, or in a hospital setting when nurses or other health care professionals administer the wrong drug.
- Dangerous Drug Combination: occurs when the patient is given two different drugs that dangerously interact with each other. This can be the fault of either the pharmacy or the prescribing doctor(s).
- Side effects: Doctors are supposed to be aware of the medication’s potential side effects to ensure that the drug’s risks do not outweigh its benefits to the patient.
Hospital Malpractice
Hospitals are legally obligated to ensure a certain level of care for all patients. This means hospitals can be liable if they fail to deliver the proper level of care resulting in injury to a patient. Moreover, hospitals are liable for the actions of their employees such as nurses, technicians, and sometimes doctors. This can be sometimes true with emergency room errors even when the doctor is an independent contractor. Anytime a malpractice injury occurs at a hospital, there is a very good chance that both the medical professional responsible and the hospital will have some liability.
From a plaintiff’s perspective, hospitals are more favorable defendants than doctors. There are several reasons why it’s sometimes easier to go after a hospital for malpractice. First, juries hold doctors in high esteem. They give them the benefit of the doubt. The same is not true for hospitals. Juries are much more willing to lay blame on hospitals as opposed to individual doctors. Another reason hospitals make better malpractice defendants is that they are more likely to settle cases. Hospitals are businesses. They will often settle cases to protect their image and keep allegations of malpractice out of the news.
Medical Malpractice Laws in Maryland
Below is a summary of the various laws and procedural rules that are specifically applicable to medical malpractice cases in Maryland.
What is Medical Malpractice in Maryland?
Medical malpractice occurs when a licensed healthcare provider (e.g., doctor, nurse, hospital, etc.) renders negligent or inappropriate medical care that results in injury to the patient. Unlike many other types of professional negligence, medical malpractice usually results in very serious, life-altering consequences.
When medical negligence causes physical harm or death, it cannot be undone. However, our civil justice system gives victims of medical malpractice the opportunity to get financial compensation for the harm they suffered.
Proving Medical Malpractice in Maryland
To bring a successful medical malpractice lawsuit in Maryland, a plaintiff needs to prove 2 primary elements:
(1) the healthcare provider rendered negligent care that fell below accepted medical standards, and
(2) the plaintiff suffered physical injuries or death as a direct result of that negligent medical care.
Proving both these elements is a complex and expensive process. For starters, the plaintiff needs to get other doctors or healthcare providers to agree to act as expert witnesses. Getting an opinion from another doctor that your case is valid is just the first step and does not guarantee success. The defendants will present their experts who will say that the doctors did nothing wrong and your claims have no merit.
Maryland’s Malpractice Cap
In Maryland, there is an unfair cap on pain and suffering damages in medical malpractice cases. These caps are designed to limit the liability of healthcare providers and reduce the overall costs of medical malpractice insurance at the expense of victims. Here’s is how it works:
Non-Economic Damages
Non-economic damages refer to compensation for intangible losses that cannot be easily quantified in monetary terms. These include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (companionship of a spouse)
Pain and Suffering Cap Amount in 2024
As of 2024, Maryland law places a cap on non-economic damages in medical malpractice cases, and this cap increases slightly each year to adjust for inflation. Specifically:
- For cases arising after January 1, 2024:
- The cap for non-economic damages is set at $890,000.
- For cases involving wrongful death:
- If there are two or more claimants or beneficiaries (e.g., the patient’s family members in a wrongful death claim), the cap is higher. As of 2024, this cap is set at $1,112,500.
The cap on non-economic damages in Maryland increases by $15,000 each year. This adjustment helps account for inflation and the rising costs of living, ensuring that the compensation awarded to plaintiffs remains fair and relevant.
The malpractice cap applies specifically to non-economic damages. It does not limit the amount of economic damages that can be awarded. Economic damages include quantifiable losses such as:
- Medical bills
- Lost wages
- Future medical expenses
- Loss of earning capacity
Birth injury lawsuits are the type of cases that have huge economic damages because of the cost of ongoing care and future medical expenses. Childbirth injury cases can get in the tens of millions pretty quickly. But a nursing home case? Those claims are often capped near that $890,000 number because of the lack of economic damages.
Malpractice Expert Needed
To proceed with your claim, it is necessary to file a certificate from a qualified medical expert within 90 days after initiating the initial claim. This certificate must confirm two crucial key points to the claim. First, \he doctor or other healthcare provider failed to meet the appropriate standard of care during your treatment or diagnosis. Second, is causation, that this failure was the direct cause of your injury. In certain circumstances, the judge has the discretion to modify or waive this requirement upon receiving a written request accompanied by a valid justification. However, failure to file the certificate within the specified timeframe may result in the dismissal of your claim (Md. Code, Cts. & Jud. Proc., § 3-2A-04 (2023)).
Mandatory Arbitration
Maryland has mandatory arbitration for medical malpractice cases. Parties are required to arbitrate their claims before the Health Care Alternative Dispute Resolution Office before filing a lawsuit in Circuit Court. The medical malpractice arbitration process in Maryland involves a panel consisting of three members: a lawyer, a healthcare provider, and a public member. This panel is responsible for reviewing the case and making a determination regarding the negligence of the healthcare provider. If negligence is found, the panel has the authority to award compensation.
But mandatory arbitration is not mandatory at all and this process rarely goes to completion. Because either side can waive arbitration after filing the certificate of a qualified expert and head right to Circuit Court. So while plaintiffs’ malpractice lawyers sometimes do some pre-trial discovery in arbitration, Maryland malpractice lawsuits do not typically progress through the Health Claims arbitration process.
Contributory Negligence
Maryland follows the contributory negligence rule, which means that even a small percentage of negligence by the plaintiff can completely bar their recovery. Maryland is one of the few jurisdictions in the US that still applies contributory negligence in medical malpractice cases. Comparative negligence, which allocates fault proportionately, is not used in Maryland.
Joint and Several Liability
In cases where multiple defendants contributed to negligence and injury, each defendant is jointly and severally liable. This means that each defendant is responsible for the full amount of any judgment. However, a defendant who pays more than their share can seek contribution from other responsible defendants.
Collateral Source Rule for Medical Malpractice
Maryland modifies its collateral source rule for medical malpractice, unfortunately. Under the modified rule, collateral source evidence remains inadmissible during a medical malpractice trial. However, after a verdict is reached, defense lawyers have the opportunity to request a remittitur, which is a reduction to the amount actually owed by the plaintiff. For example, if there is $500,000 in medical bills but only a $250,000 medical lien, the judge will adjust the outstanding medical bills to $250,000, even if the jury awarded $500,000 in medical bills. This adjustment occurs when the plaintiff has already received payment, reimbursement, or indemnification from a collateral source, such as through a statute, insurance coverage, or contractual.
Hiring a Maryland Medical Malpractice Lawyer
If you want to sue a licensed healthcare provider in Baltimore, MD, you will need to hire a good Maryland medical malpractice lawyer. Medical malpractice claims are extremely complicated and they require specialized legal representation. Not all Maryland personal injury lawyers are qualified to handle a medical malpractice case. You need an experienced medical malpractice attorney.
A Maryland medical malpractice lawyer can help get formal opinions from qualified experts which are required to file a medical malpractice case under Maryland law. A good medical malpractice law firm usually has a network of medical professionals in various fields. This network of medical professionals willing to serve as experts can be an invaluable resource to getting your medical malpractice case off the ground.
Medical Malpractice Settlements & Verdicts
Below are summaries of settlement amounts and jury payouts from recent Maryland medical malpractice cases.
2024, Baltimore County: $4,500,000 Verdict. A patient endured an awful surgical error at Greater Baltimore Medical Center during an operation to treat endometriosis by removing her ovaries. This medical mistake led to the severance of her left ureter, an essential duct for the flow of urine from the kidney to the bladder. The aftermath of the surgery saw the patient dealing with continued pain and health issues. Making matters worse, it took over a year to diagnose the problem. So the application of estrogen therapy post-surgery inadvertently worsened her condition. It was not until a subsequent surgery performed by another doctor a year later that the initial surgical mishap was determined.
2024, Baltimore County $4,587,689 Verdict. A 30-year-old female with a known history of endometriosis elected to proceed with laparoscopy and bilateral oophorectomy (removal of ovaries). After the procedure, she experienced continuing abdominal pain and elected to have a hysterectomy. At that point it was discovered that during the procedure to remove her ovaries, the doctor had mistakenly cut her ureter which forced her to have her kidney removed. The lawsuit asserted negligence in failing to isolate and protect the ureter during the oophorectomy, failing to properly trace the ureters to ensure they were undamaged, failing to ensure the ureters were undamaged before closing the surgical site, failing to repair the damaged ureter, and failing to save the kidney.
2024, Baltimore City: $8,300,000 Verdict. A Baltimore City jury awarded an $8.3 million verdict to the family of a man who died after a surgical error at the University of Maryland Medical Center in Baltimore. The case revolved around the death of a 53-year-old man who underwent kidney removal surgery at the medical center. Initially intended as a laparoscopic procedure, the operation was converted to an open surgery during which the patient’s colon was accidentally perforated. This complication was not recognized during the surgery, resulting in severe complications. Symptoms such as low blood pressure and an unusual odor from his surgical drain led to a second surgery the next day to investigate the issues, where the perforation was finally identified. Despite efforts to correct the damage, the patient remained hospitalized and eventually succumbed to multiple organ failures. The defense argued that leaving a small portion of the gallbladder was a safer option, given the patient’s specific anatomical challenges and potential complications from complete removal. They claimed this decision was not negligent. However, the jury rejected this defense, swayed by by expert testimony that indicated such remnants could lead to post-cholecystectomy syndrome, a condition that mimics pre-surgery symptoms and negates the surgery’s purpose.
2024, Wicomico County: $3,000,000 Verdict. A woman noticed a small lump in front of her right ear and sought medical attention. Despite consulting with her primary care provider and a specialist, her condition was not appropriately evaluated or treated. A contrast-enhanced soft tissue neck CT at Peninsula Radiological Associates did not lead to further testing or treatment, as the scan results were classified as normal by the doctor. However, subsequent growth of the mass prompted another specialist to recommend surgery, revealing that Mary Raver had stage IV cancer that had metastasized. She hired a Maryland malpractice lawyer who filed a lawsuit against the radiologists. The jury found that the defendants failed to appropriately evaluate and treat her condition, which progressed from stage I to terminal stage IV cancer and awarded her $3 million.
2023, Baltimore County: $33,915,000 Verdict. A woman who was 23-weeks pregnant wen to the hospital with complaints of cramping, abdominal pain and brown discharge. The defendant diagnosed her with placental abruption and performed an emergency C-section. The baby was born with massive brain damage resulting in cerebral palsy and cognitive delays, leaving him dependent on a feeding tube and requiring life-long medical care. The lawsuit alleged that the defendant misdiagnosed symptoms of preterm labor as placental abruption without first doing an ultrasound.
2023, Baltimore County: $3,000,000 Verdict. The decedent went to the emergency room 2 days before he died with vomiting and low blood pressure. He was diagnosed with an upper gastrointestinal bleed, but he bleed to death before the location of the internal bleeding could be located. The lawsuit alleged that the defendants failed to timely diagnose his patient as hypotensive and hemodynamically unstable due to hypovolemia from blood loss; failed to consult with a general surgeon regarding his patient’s gastrointestinal bleeding, unstable blood pressure and failed endoscopy.The case went to trial in Baltimore County and the jury awarded $3 million.
2023, Baltimore County: $792,000 Verdict. The defendant, an urgent care facility in Catonsville, negligently failed to diagnose the plaintiff’s Lyme disease. The practitioner initially diagnosed him with cellulitis. He was not correctly diagnosed with Lyme disease until a month later when he was referred to a hospital. Despite eventually receiving treatment, he continued to suffer symptoms and was diagnosed with Post-Treatment Lyme Disease Syndrome, causing persistent back, neck, shoulder, and joint pain, headaches, limited shoulder movement, difficulty standing or sitting for extended periods, and partial facial paralysis.
2022, Baltimore County: $1,144,732 Verdict. A 51-year-old man committed suicide while taking Paxil to treat his depression and anxiety. His estate filed a malpractice lawsuit against the general practice doctor who prescribed the medication to him. They alleged that he deviated from the standard of care by prescribing a drug known to have an adverse side effect of increasing the risk of suicide, without physically examining the decedent, without requiring him to come into the office for regular check-ups and without any required monitoring.
2022, Baltimore County: $2,400,000 Verdict. A 40-year-old woman underwent a bilateral nipple sparing mastectomy at GBMC following a malignant breast cancer diagnosis in her right breast. Although she had received chemotherapy to reduce the tumor’s size and had a metal clip marking the tumor’s location, the surgeon failed to remove all the malignant tissue during the procedure. The oversight was discovered months later when the patient felt a lump in the same area. Due to the delay in proper treatment, she had to undergo additional invasive procedures, including daily radiation treatments for five weeks. This resulted in significant injuries such as skin loss, burning, scarring, and contracture formation, alongside subsequent surgeries to address the retained tumor and reconstruct her chest. Beyond the physical complications, the patient suffered substantial emotional trauma regarding her future health, particularly given the increased risk of disease recurrence due to the prolonged presence of the tumor. Circuit Court for Baltimore County jury awarded her $2.4 million in damages from GBMC and Advanced Radiology PA.
2022, Harford County: $13,000,000 Verdict. A mother-to-be was admitted to Upper Chesapeake Medical Center to induce labor. Despite her elevated blood pressure, there were no additional indications of a medical emergency or fetal distress. Labor induction was carried out using Pitocin, a drug used to stimulate contractions. Over 17 hours of labor saw her high blood pressure continue, with anomalies appearing on the fetal heart monitor. Her son suffered intra-cranial hemorrhage during birth, resulting in permanent brain damage and intellectual disabilities.
2021, Montgomery County: $1,149,924 Verdict. A 20-something man suffered diarrhea, vomiting, and nausea. His gastrointestinal tests were negative. The man was diagnosed with gastroesophageal reflux. Several months later, he was diagnosed with a heart murmur. The man presented to a cardiologist. He was diagnosed with a heart infection. The man underwent a valve replacement. He alleged negligence against his physician. The man claimed she failed to timely diagnose his condition and order extensive tests. A Montgomery County jury awarded $1,149,924.
2021, Montgomery County: $1,502,364 Verdict. An expectant mother went into labor. She presented to Shady Grove Medical Center’s ER. The woman was admitted. Nine hours later, fetal heart monitoring revealed hypoxia. An emergency C-section was performed. The obstetrician observed a uterine rupture. The baby was delivered deceased. His mother alleged negligence against Shady Grove Medical Center. She claimed its obstetrician improperly managed the delivery, failed to appreciate fetal distress signs, and failed to timely perform an emergency C-section. The Montgomery County jury awarded $1,502,364.
2021, Baltimore City: $34,770,292 Verdict. A boy was born at Harbor Hospital. He suffered severe brain damage. The boy developed spastic quadriplegia. He was non-verbal and could not walk, feed, or dress himself. The boy used a gastrostomy tube. His mother alleged that the hospital staff’s negligent care caused his injuries. She claimed they failed to appreciate his low oxygen levels and timely treat his condition. The Baltimore City jury awarded $34,770,292.
2021, Baltimore City: $3,000,000 Verdict. Plaintiff was an inmate in the Anne Arundel County Detention Center. He injured his wrist in a fight with another inmate. The defendant, the detention center doctor, diagnosed him with a wrist fracture that would heal on its own and only gave him an ace bandage. The lawsuit alleged that failure to provide additional treatment left the plaintiff with a permanent malunion of his left wrist causing limited range of motion.
2021, Baltimore City: $510,000 Verdict. Wrongful death action was filed after the death of a 66-year-old female as a result of bilateral deep venous thrombosis while rehabilitating after discectomy and spinal fusion surgeries under the care and treatment of defendants. The lawsuit alleged that the defendants were negligent in discontinuing the decedent’s anticoagulation medication without doing proper diagnostic testing first.
2020, Baltimore City: $1,355,772 Verdict. An elderly man underwent a cervical discectomy. The surgeon lacerated an artery while removing bone segments. He temporarily halted the procedure to stop the bleeding. The surgeon then completed the procedure. Following the surgery, the man suffered multiple strokes. He never regained consciousness. The man’s son alleged that the surgeon’s failure to use proper surgical techniques caused his death. He received a $1,355,772 verdict.
2020, Baltimore City: $1,355,772 Verdict. 68-year-old man underwent spinal fusion surgery to correct a bulging disc problem. During the procedure, the defendant surgeon negligently performed the procedure and accidentally severed the vertebral artery causing the man to bleed to death and prompting a wrongful death lawsuit.
2019, Baltimore City: $2,000,000 Verdict. A woman received Toradol and Phenergan injections for severe migraines. She suffered permanent sciatic nerve damage with radiculopathy after receiving a Phenergan injection. The woman alleged negligence against the healthcare facility. She claimed its nurse wrongly injected the sciatic nerve instead of the gluteal medius. The Baltimore City jury awarded $2,000,000.
019, Baltimore City: $500,000 Verdict. A 37-year-old woman suffered abdominal pain. She came under a general surgeon’s care. The woman underwent a urachal cyst removal. The surgeon used a metal stapler and permanent sutures to close her up. Three years later, the woman passed kidney stones. Her physician discovered that calcifications developed around the staple suture line. The woman alleged negligence against the surgeon. She claimed he provided improper care and failed to use absorbable sutures. The Baltimore City jury awarded $500,000.
2019, Baltimore City: $850,000 Verdict. A 23-week-old baby received an IV line for a blood transfusion. The nurse placed it in her brachial artery instead of a vein. The girl suffered from vascular insufficiency. She underwent the amputation of all her left-hand fingers. The girl’s parents alleged negligence against the hospital. They claimed its nurse improperly placed the IV line, failed to monitor their daughter’s status, and failed to periodically replace the IV line. The jury awarded $850,000.
FAQs: Medical Malpractice
Below are some of the most common questions our Baltimore medical malpractice lawyers field from prospective clients.
What is considered medical malpractice?
Medical malpractice is considered to be any negligent action by licensed health care providers during treatment or a medical procedure. A negligent action in this context means anything that falls short of standard medical practices. To have a valid medical malpractice case, the medical error must result in physical injury.
How do you know if medical malpractice occurs?
Medical negligence occurs when health care providers or medical professionals fail to adhere to standard medical practices during patient care and it results in physical harm. Maryland medical malpractice law requires an opinion from a qualified expert. The expert must agree that medical negligence occurred before a medical malpractice suit can be filed.
How do you prove a medical malpractice claim?
To prove a medical malpractice claim, you will need a formal opinion (and eventually testimony if the case goes to trial) from a qualified medical professional such as a doctor, nurse, etc. The expert will need to review your medical records and medical bills to evaluate whether medical negligence occurred.
How long can you wait to file a Maryland medical malpractice claim?
Maryland personal cases are subject to a 3-year statute of limitations. This means that a Maryland medical malpractice lawsuit must be filed within 3-years of the date that the malpractice claim "accrues." A medical malpractice claim accrues when the plaintiff discovers or reasonably should have discovered, that they had grounds for a possible malpractice lawsuit. This deadline does not apply to malpractice cases involving wrongful death. The deadline for filing a wrongful death claim is 3 years after the date that the wrongful death occurs.
Can you still bring a medical malpractice claim if you didn't follow your doctor's instructions?
If you fail to follow your doctor's treatment instructions, you can still bring a medical malpractice claim as long as your failure to follow the instructions was not the direct cause of your injuries. If the failure to comply with the instructions was the primary cause of your injuries, then your medical malpractice claim will not be successful.
What is the first step in bringing a medical malpractice claim?
If you want to pursue a medical malpractice claim, the first step you need to take is to set up a free consultation with a Maryland medical malpractice attorney. A Maryland medical malpractice attorney will review your case and determine whether you have a case. A medical malpractice law firm will also retain a medical professional to review your claim and give an opinion as to whether medical negligence occurred.
Will I need my medical records for a medical malpractice lawsuit?
To bring a medical malpractice suit, you will need to obtain all of your relevant medical records.
Do most medical malpractice cases settle?
About 7 out of every 10 medical malpractice lawsuits settle before going to trial. The national average for medical malpractice settlement is around $350,000, but our Maryland medical malpractice attorneys have a slightly higher average value.
Contact Our Maryland Medical Malpractice Lawyers
Contact our Maryland malpractice lawyers at 800-553-8082 for a free consultation.