Maryland Malpractice LawyerAn Illinois law that capped verdicts in medical malpractice case was recently ruled unconstitutional by the Illinois Supreme Court. Doctors and hospitals are certainly disappointed in that ruling. Physicians claim that keeping caps on verdicts help reduce medical malpractice insurance premiums. Unfortunately for physicians, the facts do not justify that argument. The reasoning behind the decision was based upon a separation of powers theory. The court felt that lawmakers had interfered with the right of a jury to determine damages. Maryland also has a cap on medical malpractice damages. It has been found to be constitutional in Maryland. There is a sliding scale used to determine the cap in Maryland depending on when the injury occurred.
June 2010 Archives
A California jury recently awarded a man $16.5 million in a medical malpractice claim. A man had been taken to a hospital with spinal injuries. The neurosurgeon who was scheduled to perform the surgery on the injured party delayed the surgery by 48 hours. The spinal injuries developed into paraplegia. Apparently the doctor failed to even examine the patient until the following day and by that time it was too late. The damage to the spine had progressed so far by the time of the operation it was irreversible. Under Maryland law there would be a cap on pain and suffering damages but there is no cap on economic damages for future medical care and future lost wages. Medical malpractice causes paraplegia
A hospital is expected, although not required, to report what is known as a sentinel event. This is an event that produces an unexpected occurrence involving death or serious physical or physiological injury or the risk thereof. These events suggest a need for proper investigation and response. If a hospital is accredited, they are strongly encouraged to report these events to the accrediting body (JCAHO). If JCAHO is either told of a sentinel event or discovers such an event through other sources, it will require the hospital to determine the root cause of the event and establish a plan of action to avoid further such events. There are time limits within which the plan must be implemented. This process is intended to avoid further incidents of the same kind. Maryland Malpractice Lawyer
A New York jury recently awarded damages in the amount of $3.5 million to a Staten Island woman who claimed a plastic surgeon negligently performed a breast augmentation surgery. The breast lift apparently left the patient with what is called "double-bubble deformities". She had to have two corrective surgeries to fix the condition. She also claimed the surgeries ruined her 17-year marriage because she was too embarrassed to undress in front of her husband. Maryland malpractice lawyer
