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In a recent unreported appellate decision, the Maryland Appellate Court reviewed a medical malpractice case involving allegations of improper medical conduct during childbirth.
A family filed a birth injury lawsuit against the attending physician and her employer, claiming that the physician’s use of excessive force during delivery resulted in a permanent brachial plexus injury to the child.
The plaintiffs presented the testimonies of two expert witnesses, which were central to the case. However, significant inconsistencies between the experts’ deposition testimonies and their statements during a subsequent Daubert hearing precluded their testimonies, and summary judgment was granted in favor of the defendants.
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The House Judiciary Committee is expected to consider a bill today that would allow military personnel to file medical malpractice lawsuits against the military. The proposed law comes in the wake of the death of a marine as the result of the misdiagnosis of skin cancer by military doctors. The Feres Doctrine, named for a 1950 Supreme Court case, currently preventing people in the military from filing medical malpractice lawsuits.

Why should our military have the opportunity to bring the same claims anyone else can bring? I don’t want to minimize the costs; it is real money. But compared to the toll we are putting on our soldiers these days, it seems a small price to pay for a bit of justice.

UPDATES:

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The Maryland Supreme Court reinstated a lawsuit brought by a patient claiming she lost sensation in her tongue following a dental surgeon’s extraction of her wisdom teeth. A Calvert County Circuit Court judge had previously granted summary judgment in a 97-page opinion for two dentists after determining that the testimonies provided by the plaintiff’s two medical experts lacked credibility.

Facts of Frankel v. Deane

This dental medical malpractice case revolves around the extraction of a patient’s upper and lower wisdom teeth by a dentist. The patient consented to the surgery and was informed about potential complications, including pain, burning, and paresthesia affecting the lower lip, chin, and tongue.

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If you have been the victim of medical negligence and you have a malpractice lawsuit pending, one of the primary questions you probably have is “how long will it take for my case to settle?” Our Maryland malpractice lawyers get this question all the time from our medical malpractice clients.

It is completely reasonable to ask. Medical malpractice victims frequently end up in acute financial distress as treatment bills pile up and they cannot work. Many of our clients end up desperately waiting for a settlement in their malpractice case to bail them out.  This makes the time frame for a settlement more important.

The Average Malpractice Settlement Can Take 18 to 24 Months

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Mesenteric ischemia or bowel ischemia occurs when there is a sudden reduction in intestinal blood flow that does not meet the metabolic demands of the bowel. When caught early, bowel ischemia can usually be managed. Untreated mesenteric ischemia can cause bowel injuries and death.  Often the failure to diagnose mesenteric ischemia can lead to a medical malpractice lawsuit in Maryland.

Bowel Ischemia

Bowel ischemia is a medical condition where the blood flow to the intestines is blocked. This can be a result of several factors, including the buildup of fatty deposits in the blood vessels, a blood clot, or an injury to the blood vessels in the intestines. When the blood flow is blocked, the tissues in the intestines can become damaged or even die, leading to serious complications such as perforation, infection, or even sepsis.

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Our lawyers handling medical malpractice lawsuit against medical assistants in severe injury and wrongful death negligence cases in Maryland

Medical Assistants in a Healthcare Setting

Medical assistants are an important part of the healthcare team and are responsible for a wide range of clinical and administrative tasks. While they work under the supervision of licensed healthcare professionals such as physicians and nurses, medical assistants can still be held liable for medical malpractice.

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If you have watched any TV or been on social media lately, chances are that you have seen an attorney advertisement for Camp Lejeune lawsuits. The proliferation of Camp Lejeune lawyer ads recently has prompted a lot of questions from people who may not be familiar with the Camp Lejeune litigation or even know what or where Camp Lejeune is. In this post, our Camp Lejeune lawyers will attempt to answer some of the most frequently asked questions that we get about Camp Lejeune lawsuits.

What is Camp Lejeune?

If you are not in the military or live in North Carolina, you had probably never even heard of Camp Lejeune until the lawyer ads started popping up recently. Camp Lejeune is massive Marine Corps base and operational training compound in North Carolina. Camp Lejeune opened in 1942 and it is located near the town of Wilmington, NC. Camp Lejeune is like mid-sized town with an on-base resident population of over 50,000.

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Philips recalled many of its CPAP sleep and respiratory care devices earlier this year. The company acknowledged that the recalled machines contain a sound abatement foam that can release airborne particles and cause adverse health effects for users. In the wake of this recall, CPAP users immediately stopped using the devices and many have filed lawsuits against Philips. The CPAP recall lawsuits allege that the company failed to warn the public of this hazard and designed defective products. Some of the plaintiffs have alleged that the recalled CPAP devices caused them to suffer health conditions including headaches, inflammation, and cancer.

Philips first-quarter report acknowledges CPAP risks

Philips released its first-quarter report for 2021 on April 26th. The report acknowledged the association between the problematic sound abatement foam in its CPAP and BiPAP devices and possible adverse health risks. Philips disclosed that different factors, including unapproved cleaning methods and specific environmental conditions, caused the sound foam to degrade into a toxic compound and become inhaled by users.

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Earlier this year, Johnson & Johnson recalled several popular spray-on sunscreen products after testing found that the sunscreen contained benzene, a dangerous carcinogen. Now sunscreen lawsuits are being filed across the country and may eventually get consolidated into a new “class-action” MDL.

The product liability lawyers at Miller & Zois are currently looking for new sunscreen lawsuit cases from individuals who regularly used one of the spray-on sunscreen products recalled by J&J and were subsequently diagnosed with leukemia or certain other types of cancer. In this post, we will look at the details that led to the sunscreen recall and explain who might qualify for a sunscreen lawsuit.

Spray-On Sunscreen Recall

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A 2019 study of Chinese cerebral palsy medical malpractice cases found that over 60 percent of them involved birth asphyxia and hypoxic-ischemic encephalopathy. These results quantity CP-associated medical errors and conditions. Narrowing them down helps healthcare providers better understand the necessary steps to prevent it.

What does this tell us about cerebral palsy malpractice cases in the United States?   Good question. Well, not much for the compensation awarded for a cerebral palsy case.  But the nature of the claims does provide a lens into malpractice cases here, perhaps with less fluff because so many papers on cerebral palsy malpractice cases are really just arguments against the civil justice system we have had in this country since before we were a country. 

Birth asphyxia

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