January 2010 Archives

In the case of Mayor and City Council of Baltimore V. Chase, 360 Md. 121, 756 A. 2d 987 the Court of Appeals held that Fire and Rescue Company Act which provides immunity to fire and rescue departments for any act or omission in the course of performing its duties with the exception of willful or grossly negligent act, applies also to municipal fire and rescue departments and their employees. Whether a fee was charged for the service does not appear to matter under the opinion. See Section 5-604(a) of the Courts & Judicial Proceedings Article of the Maryland Code. A similar provision regarding good samaritans providing assistance can be found at Section 5-603 of the same article. Maryland Medical Malpractice Lawyers

Wrongful death from misdiagnosis

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A Wisconsin jury has awarded $ 3.7 million to a man that was misdiagnosed with pneumonia but died from a fungal infection. The staff at the hospital failed to run routine tests that would have demonstrated that the patient was suffering from blastomycosis  as opposed to the pneumonia. It is required under the standard of care for a medical provider to consider what is called a differential diagnosis. This means that the attending medical personnel should consider all likely causes of a medical problem and rule then out to the extent possible by routine testing, particularly if they have possible catastrophic consequences. A physician cannot simply put blinders on and fail to see what a reasonably competent physician would see under normal circumstances. If you or a love one has been misdiagnosed by a medical provider please call one of our attorneys for a free consultation. Maryland Medical Malpractice Lawyers

A Florida man was awarded $ 14 million because of a medical malpractice claim whereby he was left paralyzed because of a punctured artery caused by a doctor during surgery. The physician failed to live up to the required standard of care during the procedure. The negligence caused severe bleeding in the brain. Most medical malpractice lawsuits are lost at trial. There is a general misimpression that these lawsuits are bankrupting the medical system and/or many are frivolous. In Maryland, there is not much chance of having a frivolous lawsuit. Indeed, in order to proceed with a medical malpractice claim in Maryland, an attorney must file a certificate of merit from a physician who states under oath that there was a departure from the standard of care, the nature of the departure and that the departure resulted in damage to the claimant. If you or a loved on has been the victim of what you think is medical malpractice, contact one of our attorneys today for a free consultationhttp://www.foranlaw.com/resources/maryland-medical-malpractice-lawyer/maryland-medical-malpractice-lawyer.html.

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