The Standard of Care in a Medical Malpractice Lawsuit

medical malpractice lawsuit
As we discussed in an earlier blog, in a personal injury claim based on negligence, you need to demonstrate that the defendant breached (or failed to meet) the standard of care expected under the circumstances. That standard of care is determined by the jury, based on what a reasonable person would do.

In a medical malpractice claim, though, because of the specialized training that medical professionals receive, the standard is not the same, but is somewhat higher. In addition, whether or not the defendant’s conduct met the standard is often determined by relying on expert testimony.

The standard of care for medical professionals in a personal injury action is based on:

  • What a reasonably competent and skilled medical professional would do
  • Assuming that the medical professional had similar experience and training
  • The specific standard of care in the geographic community in which the alleged malpractice occurred

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than three decades. He understands the impact a personal injury can have on every aspect of your life, so he’ll work hard to get full and fair compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible), has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has been named a Maryland Super Lawyer. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Baltimore County Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Winning a Personal Injury Claim—Part Two

Personal-Injury

In an earlier blog, we explained the standard of care to which all persons are held, as well as the requirement, in a personal injury lawsuit, that you prove the defendant failed to meet that standard. Once you’ve done that, you must then show a causal link between that failure (or breach) and the accident that caused your losses.

There are, however, two specific types of cause that you have to prove. First (and often the easiest) is the requirement that you demonstrate what the law refers to as “actual cause.” In a nutshell, you must show that, had the defendant not breached the duty of care, the accident would not have happened.

But that’s not enough—there’s also the requirement that you show “proximate cause.” In essence, proximate cause requires that you show that the specific injury or loss was “reasonably foreseeable” as a result of the wrongful conduct. If there are intervening factors that were not foreseeable, but that were necessary for the accident to occur, there may not be proximate cause. For example, if you negligently run a stop sign and hit another motorist, who then careens into a gas pump at a nearby gas station, you may not be held liable for damages caused by an explosion or fire at the gas station.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than 30 years. He knows the effect a personal injury can have on every area of your life, so he’ll work diligently to get full and fair compensation for all your losses.

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail [link to Contact Us page] or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Singing Doctor Killed in Crash

Singing Doctor Killed in CrashA 29-year-old resident at the family practice program at Riverside Brentwood Medical Center, who had auditioned for the hit show “America’s Got Talent,” has died in a one-car crash on Maryland Hwy 295 near Hanover. On June 9, Brandon Rogers had just finished his first year of the three year program, and had performed the national anthem a capella at the hospital graduation ceremony. Officials say he then left with friends to go to a family function in Maryland. Around 4:30 am on the morning of June 10, the car in which he was traveling went off the road and struck a tree head-on. Police speculate that the driver fell asleep at the wheel. Rogers was a passenger in the front seat.

Top-Rated Columbia, MD Personal Injury Lawyer

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including individuals who have suffered any type of burn injury. Because of his outstanding record and strong reputation for effective representation, Attorney Smith has been honored with the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also highly regarded by his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore County, Maryland, Medical Malpractice Lawyer

If you have been hurt because of the carelessness or negligence of another person, we can help. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Maryland Doctors Settle Biopsy Death Case

Maryland Doctors Settle Biopsy Death Case

A wrongful death lawsuit against doctors at Franklin Square Hospital, in Baltimore, has been settled, moment before the trial was to begin. The action was filed by Jason Jaworski after his wife Linda died following a medical procedure there.

According to court filings, Mrs. Jaworksi was taken to the hospital in March, 2014, complaining of high blood pressure, weakness, abdominal pain and problems swallowing. Attorney for Mr. Jaworski alleged that medical personnel misread the symptoms and ordered a kidney biopsy that was unnecessary. Mrs. Jaworkski suffered from severe anemia and was taking anti-coagulants at the time. The biopsy led to uncontrolled bleeding, which ultimately caused Mrs. Jaworski’s death.

Top-RatedPersonal Injury Attorney in Columbia, MD

Attorney Jonathan Scott Smith, a Maryland Super Lawyer , has fought for the rights of injured people in Maryland for more than three decades, including victims of medical malpractice. Because of his record and reputation for effective representation, he has been awarded the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has also built an outstanding reputation with his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore County, Maryland, Medical Malpractice Lawyer

If you have been hurt because of the carelessness or negligence of a medical professional, we can help. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Toronto Hospital Uses Black Box in Operating Room to Address Medical Malpractice

Toronto Doctor Develops System for Gathering Information to Reduce Potential Malpractice

In an effort to provide doctors with more constructive information, and to minimize the risk of medical malpractice, a Canadian surgeon, Dr. Teodor Grantcharov, has developed a “black box” technology for use in the operating room, similar to the device used to gather critical information in airline malfunctions and accidents. The device is currently being tested at St. Michael’s Hospital in Toronto.

After observing that many surgeons operated with little or no feedback or supervision, Dr. Grantcharov systematically identified all the various tools that could be used to gather information during a surgical procedure. Working directly with officials from Air Canada, he put together a means for real-time tracking of dialogue and action (through the use of cameras), as well as critical patient information, such as blood pressure, heart rate and breathing.

Though the black box technology has only been in use for about six months, and there has not been enough time to conduct a meaningful analysis, Dr. Grantcharov contends that it has already benefited doctors and patients. Since the implementation of the technology, he has seen an elevated level of preparation by medical professionals at his hospital. He is working with Google to determine whether the company’s computerized eyewear can be integrated into the technology, so that observers can work with surgeons to make real time adjustments.

Top-Rated Personal Injury Attorney in Maryland

Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively protected the rights of personal injury victims in Maryland for more than 30 years. He carries a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He is also widely respected by his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Ellicott City Personal Injury Lawyer

If you have been injured because of the careless or negligent act of another person, contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. We represent criminal defendants in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

http://www.ottawacitizen.com/health/health/10163510/story.html

Johnson & Johnson Surgical Stapler Recall Lawsuits

FDA Announces J & J Surgical Stapler Recall

On October 26, 2012, the U. S. Food and Drug Administration announced a surgical stapler recall of Johnson & Johnson Ethicon Endo-Surgery Circular Stapler medical devices. These surgical stapler devices are used in the surgical treatment of prolapse and hemorrhoids, or in other applications where circular or semicircular stapling of anorectal tissue (i.e. the structure of the anus and rectum) is needed.

The surgical stapler recall of these medical devices was based on the difficulty users have firing the surgery stapler devices, resulting in incomplete firing stroke and incomplete staple formation.

The Wall Street Journal reported that Johnson & Johnson recalled more than 157,000 surgical stapler devices and accessories used in hemorrhoids treatment procedures due to potential malfunctions that pose a serious safety risk.

Injuries Caused Resuled in Surgical Stapler Recall

The FDA surgical stapler recall was based on the injuries that could be caused by this medical device. Failure to complete the firing stroke of the stapler can result in:

  • Severe pain
  • Sphincter dysfunction
  • Rectal wall damage
  • Sepsis (blood infection)
  • Bleeding
  • Occlusion (blockage) of the rectal canal.

Failure to complete the firing stroke can also result in poor staple formation, dehiscence of the rectal wall staple line (a surgical complication in which a wound breaks open along surgical suture), and bleeding.

Maryland Defective Medical Device Attorney

If you or a loved one has suffered injury as a result of a defective medical device, including a surgical stapler, you need an experienced Maryland medical device lawyer to fight for you. Medical malpractice attorney Jonathan Scott Smith has been helping injured people for more than 30 years. He has handled successfully medical malpractice cases, including cases involving defective medical devices.

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Contact Us

If you or a loved one has suffered a serious injury because of a defective medical device, including one subject to a surgical stapler recall, contact us.

Columbia Lawyer Receives Client Choice Award in Lawyers Ratings

Clients’ Choice Award Bestowed by Leading Lawyer Review and Ratings FirmTop-rated-lawyer-howard-county-lawyers-ratings

AVVO is a leading lawyers ratings and review firm. It bestowed the Clients’ Choice Award for 2012 on Columbia lawyer, Jonathan Scott Smith. This coveted recognition resulted from average client reviews of 5 stars — the highest client review possible

.

One client had this to say about Mr. Smith: “Mr. Smith is an exceptional attorney. He is very professional, knowledgeable and his attention to detail is unbelievable. He took control of my situation, put me at ease and brought the truth out during my trial. He is very straight forward and honest. You will not find a better attorney anywhere. His staff exhibits the same qualities and helps make a difficult time less stressful.”

Attorney Smith Receives “10.0 Superb” in Lawyers Ratings

Jonathan Scott Smith also has been awarded the highest lawyer rating “10.0 Superb” by AVVO. AVVO considers a wide variety of information in developing a lawyer’s rating, including a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Ratings range from a low of 1.0 to 10.0, the highest rating.

Very few lawyers achieve the highest rating, and it is recognition of Mr. Smith’s extensive litigation experience, successful results, and the opinion of his peers.

Columbia and Ellicott City Personal Injury and Medical Malpractice Lawyer

Top-rated-personal-injury-lawyer-columbia-mdFor more than 30 years, Jonathan Scott Smith has been fighting for injured clients and obtaining successful results. The care we give to each case gets noticed. It’s what sets our firm apart.

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Mr. Smith has more than 30 years of courtroom experience in personal injury cases. He is never hesitant to take a case to court if needed to get a good result. He thoroughly investigates each case he handles and is diligent in preparing for court.

Contact Us

At our office, we are about our clients. We’re here to help you through this difficult time. Put our skill and experience to work on your case. Call 410-740-0101 now, or contact us online, to schedule an appointment.

Attorney Jonathan Scott Smith represents clients in personal injury, auto accidents,truck accidents, motorcycle accidents, medical malpractice, nursing home abuse and negligence, throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince George’s (Prince Georges) County, Howard County and Montgomery County, MD.

Meningitis from Epidural Steroid Injection

Outbreak of Meningitis Cases from Epidural Steroid Injections

The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) are currently coordinating a multi-state investigation of fungal meningitis among patients who received an epidural steroid injection with a potentially contaminated product. At last count, the contaminated product has resulted in 137 cases of meningitis, and 9 deaths. This includes 9 cases of meningitis, and 1 death, in Maryland.

The product in question involves three lots of preservative-free methylprednisolone acetate (80mg/ml) recalled on September 26. The potentially contaminated injections were given starting May 21, 2012. This is not contagious.

How do You Know if Your Injection was Contaminated?

First, consult the CDC website and check the list of healthcare facilities that received potentially contaminated lots of Methylprednisolone Acetate (PF) recalled from New England Compounding Center on September 26, 2012 to see if your healthcare provider is on the list that received the contaminated product. Second, contact your physician to confirm whether or not you received an injection from the contaminated lots. Finally, check to see if you or your loved one is experiencing the symptoms of meningitis below.

What are the Symptoms of Meningitis from Epidural Steroid Injections?

Not all patients who received epidural steroid injections will contract meningitis or become sick. Symptoms generally will occur within 1 to 4 weeks after the injection. The symptoms of meningitis are:

  • fever
  • new or worsening headache
  • neck stiffness
  • sensitivity to light
  • new weakness or numbness
  • increasing pain, redness or swelling of the injection site

What Should I do if I am Experiencing Symptoms of Meningitis from an Epidural Steroid Injection?

Consult your physician, or go to the emergency room immediately. The Centers for Disease Control and Prevention (CDC) also has helpful information that you should read.

Do I have a Legal Claim for Meningitis from Epidural Steroid Injections?

The law recognizes a legal claim if a manufacturer or distributor was negligent for manufacturing or distributing a product that was unreasonably dangerous, including situations where it failed to warn consumers of the dangers. You should consult an experienced personal injury attorney immediately if you or a loved one has contracted meningitis from an epidural steroid injection, or in the unfortunate situation where a death has occurred.

Top Rated Maryland Personal Injury Attorney

Jonathan Scott Smith is a top-rated fatal personal injury lawyer, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled personal injury and wrongful death cases, including cases involving unsafe or dangerous products, for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in personal injury cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Jonathan Scott Smith will help guide you through this tragedy, and help you obtain justice and closure. Call 410-740-0101now, or fill out our intake form, to schedule a consultation.

Failure to Diagnose Cancer and Medical Malpractice – Maryland Attorney

Time counts with a cancer diagnosis. The sooner you get a diagnosis of any type offailure-diagnose-cancer-lawyer cancer, the more options you have to treat it effectively. When a doctor misdiagnoses or fails to diagnose cancer, lives can be lost.

We trust our doctors to order the appropriate tests, accurately interpret test results, and to simply take our complaints seriously. When they fail to do so, either through action or inaction, and you or a loved one has suffered significant harm from cancer that could have been treated, there may be a legal basis for medical malpractice.

195,000 People Killed Each Year Due to Medical Errors

Essentially, medical malpractice means that the medical care given has fallen below the accepted standard of practice in the medical community and has caused injury. A doctor can be sued for damages if the facts indicate that medical malpractice has occurred. In fact, statistics show that about 195,000 people are killed each year as a result of medical errors in our country.

Issues of Medical Malpractice

  • Doctor misdiagnosis can result in delayed or ineffective treatments.
  • Delayed diagnosis or failure to diagnose can cause a cancer that could otherwise have been treated to spread (metastasize) to other parts of the body.
  • Improper reading of X-rays and mammograms by radiologists can cause patients to lose time to combat breast cancer or another disease.
  • Misdiagnosis of bladder cancer means that in most cases, the cancer will spread. However, when detected early, bladder cancer is often quite treatable.
  • Late diagnosis of some cancers, like lung cancers, that seemingly have no cure, rob victims of quality of life and the ability to ease symptoms.

Contact an Experienced Medical Malpractice Attorney in Columbia, Maryland

If you or a loved one suffered harm due to a failure to diagnose cancer or any other serious illness, an attorney can help you determine if indeed medical malpractice occurred. If so, you may have a right to seek compensation to pay for medical treatment, rehabilitation, and other types of damages. To schedule an appointment with experienced medical malpractice attorney Jonathan Scott Smith in Columbia, Maryland, call 410-740-0101 or contact us online.

Maryland Medical Malpractice Lawyer

Legal Assistance when Medical Professionals Leave Sponge in Body or Fail to Remove Surgical ToolsSponge left in Patient

Medical malpractice can occur when health care providers violate standards of care when providing treatment and when that violation leads an injury or injuries. Medical malpractice can be especially dangerous during complicated medical procedures such as surgery. That’s why you need a Maryland medical malpractice lawyer on your side.

Instrument or Sponge Left in Body after Surgery

One well-known and potentially serious and even fatal instance of surgical malpractice is the failure to remove a sponge or other surgical instrument during surgery. The failure to remove surgical instruments can lead to years of discomfort, the need for otherwise unnecessary surgery, further injuries and even death.

If you have questions regarding your legal rights following a surgical error, contact Maryland medical malpractice lawyer Jonathan Scott Smith. Attorney Smith has over 30 years of experience fighting for injured clients. His track record in handling medical malpractice cases includes numerous six-figure recoveries. For more information, contact our firm by calling 410-740-0101.

What You Need to Know about Maryland’s Medical Negligence and Surgical Error Laws

Medical issues resulting from the failure to remove surgical instruments can manifest quickly or can take years. Statutes of limitation, which limit the time for filing a medical malpractice claim, can expire. It is therefore important to obtain legal assistance as quickly as possible once you suspect medical malpractice has occurred.

Maryland Medical Malpractice Lawyer

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Mr. Smith is a Maryland medical malpractice lawyer who uses over 30 years of successful experience in handling personal injury claims when investigating your case, working to prove negligence, demonstrating injuries and pursuing compensation. As one recent client stated, attorney Smith “thoroughly prepared and presented [our] case… and achieved a fair settlement”. Call 410-740-0101 to or contact us online regarding medical malpractice in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101