Medical Malpractice Claims Involving Strokes and Heart Attacks

Can You File a Negligence Claim Against a Doctor or Medical Facility?

Medical Malpractice Claims Involving Strokes and Heart AttacksEvery year, nearly three-quarters of a million Americans have some type of heart attack. A similar number of people across the country suffer a stroke. When you or a loved suffers serious injury, or a family member dies, as the result of cardiovascular trauma while being treated for a heart attack, can you bring legal action to cover your losses? Maybe.

Negligence-Based Personal Injury Claims

Most personal injury claims are based on the legal principle of negligence. Accordingly, if you can show that someone was negligent and that their negligence caused an accident or injury, you may be able to recover damages.

To successfully prove negligence in court, you must show three things:

  • That the defendant (person from whom you seek compensation) did not meet the standard of care expected under the circumstances;
  • That the breach of the standard of care caused an event; and
  • That, as a result of that event, you suffered actual losses.

In most personal injury claims, the standard of care is that of a reasonable person, commonly considered an “ordinary person of average prudence.” However, medical professionals are held to a higher standard of care. A doctor must exercise the level and type of care that a reasonably competent and skilled medical professional, with similar background and experience, would have exercised under the same circumstances in the same medical community.

With respect to a heart attack or stroke, a medical professional may be potentially liable if:

  • The patient exhibited classic symptoms of cardiovascular problems, such as difficulty breathing, chest pains, or weakness in the limbs, and the doctor failed to check the patient’s blood pressure or conduct other routine tests; or
  • The medical professional knew the patient had elevated blood pressure or other cardiovascular risks and failed to prescribe appropriate medications or failed to order appropriate tests.

Proven Baltimore Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith offers over 30 years of experience to personal injury victims throughout the Baltimore metro area and throughout the state of Maryland. Highly respected by his colleagues in the legal profession, attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. Named a Top-Rated Lawyer by American Lawyer magazine, he has also earned high marks from his clients, garnering the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has also received a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Experienced Maryland Medical Negligence Lawyer

If you suffer a stroke or heart attack through the misdiagnosis or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Proving Medical Malpractice in Maryland

The Higher Standard of Care for Medical Negligence

Proving Medical Malpractice in MarylandWhen you seek medical treatment for an injury or illness, you expect, at a minimum, that your healthcare provider won’t make your condition worse through their own negligence. It unfortunately happens, though, whether by human error, understaffing, or other carelessness.

When you file a legal claim to recover losses caused by someone else’s wrongful act, the lawsuit is usually based on the principle of negligence. To prove negligence, you must show three things:

  • the at-fault party did not meet the standard of care expected in society,
  • the failure to meet the standard of care caused an accident, and
  • the accident caused actual loss.

In most negligence claims, the standard of care is measured by comparing the conduct of the defendant to what an ordinary person of average prudence would have done in similar circumstances. In a medical malpractice claim, though, the standard is higher. To prove medical negligence, you must show that the defendant’s actions were not consistent with the conduct expected of a reasonably competent and skilled medical professional with the same training and experience practicing in the same medical community.

Experienced Ellicott City Personal Injury Lawyer

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims, including people injured by medical carelessness, for more than three decades, representing clients across the state of Maryland. He has an AV-rating (the highest possible) from his colleagues in the legal community under Martindale-Hubbell’s Peer Review Rating System and has been awarded the prestigious Client’s Choice Award from AVVO, with an average client review of (the highest rating possible). He’s also been named a Top-Rated Lawyer by The American Lawyer magazine and carries a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Proven Medical Malpractice Attorney in Maryland

If you suffer loss because of the wrongful acts of a medical professional in Maryland, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

The Burden of Proof in a Medical Malpractice Claim

What You Must Establish to Show Carelessness or Negligence

The Burden of Proof in a Medical Malpractice ClaimIn any personal injury claim based on negligence, you must demonstrate that the defendant did not meet the expected standard of care. In most personal injury lawsuits, that means you must show that the at-fault party did not act as an average person of ordinary prudence would. You also must show that the failure to meet the standard of care caused an accident and that you suffered actual losses as a result.

However, when the wrongdoer is a medical professional and you are seeking damages in a medical practice claim, there’s a higher standard to which the defendant must be held. With doctors and physicians, the required degree of care is that of a

  • Reasonably skilled and competent healthcare professional,
  • With similar training, experience, and background,
  • Practicing in the same community.

In most personal injury trials, the jury determines what constitutes reasonable care. In medical malpractice cases, though, it’s customary for expert witnesses (usually other medical professionals) to offer testimony on whether the conduct at issue met the standard of care.

Proven Maryland Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims in the greater Baltimore area and across the state of Maryland for more than three decades. He’s consistently been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been designated a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney committed to getting positive results for clients, he’s also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) AVVO rating as a litigator.

Results-Oriented Frederick County, Maryland, Medical Negligence Lawyer

If you have suffered needless injury due to the carelessness of a medical professional in Maryland, we can help. Contact our office 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 George’s County, and Montgomery County in Maryland.

Baltimore Woman Wins Largest Medical Malpractice Award in U.S. History

Court Upholds $205 Million Verdict

Baltimore Woman Wins Largest Medical Malpractice AwardA Baltimore court has agreed with a jury award granting a Prince George’s County woman $205 million in a personal injury lawsuit based on medical malpractice. The woman’s daughter suffered a brain injury during delivery at Johns Hopkins Bayview Medical Center.

According to attorneys for the plaintiff, she was told by doctors before the child’s birth that the pregnancy could be terminated and that the fetus was not viable. Those assertions turned out to be incorrect. Unfortunately, based on that diagnosis, the woman opted not to have a C-section and medical personnel discontinued fetal monitoring. The child, now five years old, was deprived of oxygen and suffered significant brain damage, resulting in cerebral palsy and a requirement of 24-hour care.

The jury originally returned a verdict of $229 million, but the court lowered it, basedon state of Maryland caps on tort claims. The hospital has indicated that it will appeal the damage award.

Proven Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has successfully represented personal injury victims throughout the state for more than three decades. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results for his clients.

Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. He belongs to the Million Dollar Advocates Forum, where membership is limited to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. Smith has been listed as one of the top 100 lawyers in Maryland by Super Lawyers, and was named a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

Smith has received an AV-rating (the highest rating possible) from his colleagues in the legal profession every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has included him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident Attorney

If you have been hurt because of the wrongful act of another person, we can help. Contact our office 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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101