Posted on December 14, 2012 in Topics In The News

The most well-known patient safety research project ever released is the “To Err is Human” report from the U.S. Institute of Medicine. You can download your own free copy of the report here.

One statistic in particular from the study is often shared by patient safety advocates. The report noted that each and every year nearly 100,000 patients are killed by preventable medical errors. The figure is helpful is quickly illustrating the scope of the medical mistake problem. While most doctors, nurses, and aides do their best to provide proper care, the sad reality is that we still have a very long way to go before all medical patients receive reasonable care free of mistakes every time they visit medical professionals.

To Err is Human was first released in 1999. However, follow-up studies from the Institute of Medicine and many other researchers has found that little has changed in the last thirteen years. Tens of thousands of patients continue to be killed and many more injured each and every year as a result of various errors in medical care. It is incumbent upon all practitioners and administrators to do everything in their power to improve patient safety figures.

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 Posted on December 14, 2012 in Obstetrician Malpractice

The birth of a child is supposed to be one of the happiest moments in the life of a family. Unfortunately, for some the memorable occasions turns into a nightmare. That is because, at rates far higher than many suspect, childbirth can result in complications and injuries to the mother or child. Because of the delicate nature of the situation, when a new child is hurt during birth, the consequences are often quite severe. Birth injuries can prove to cause lifelong harm and can even be fatal.

When Is Medical Malpractice Involved?

Following a traumatic childbirth that leads to injury, mothers and fathers often have the same question: Could this have been prevented? Of course, there is no one-size-fits-all answer. The delivery of a new baby is a delicate process that is very fact-specific. Two births may be very different, requiring different actions and medical decisions. At times an injury may have been unpreventable. However, many injuries can be prevented if the caregivers acted differently in response to developing problems. When that happens, medical malpractice may have been committed.

How is a family supposed to know whether the injury to their child should have been prevented?

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 Posted on December 13, 2012 in Medication Malpractice

It is every medical patient’s worst nightmare. You go to the doctor to have routine tests performed. To your relief, everything comes back negative. You are in the clear. But, a few months later you begin to experience some health problems. Another doctor’s visit is scheduled, and more tests are done. This time the news is much worse. It’s cancer, and it has spread significantly. If you had received treatment earlier the options might be better, but now things look bleak.

Unfortunately, many families find themselves in this situation, and it is often connected to diagnostic errors. Medical tests are only as worthwhile as the work of the doctors reading and interpreting those tests. When those medical professionals make mistakes, patients may suffer serious injury or even death. That is particularly true in cases involving cancer diagnosis, because time of of the essence.

Fixing the Problem

There are many reasons why a doctor may fail to properly read test results. One of the most common stems from fatigue. Keen senses and sharp judgments are necessary to identify possible issues when reading medical test results. If a doctor is tired or overworked then there is an increased risk of mistakes.

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 Posted on December 13, 2012 in Cancer Malpractice

The Post-Gazette reported recently on serious allegations of malpractice against a pathologist for misreading Pap smear slides and missing the presence of cancer in a patient. According to the story, a young woman was shocked when she was diagnosed with cervical cancer shortly after giving birth to her son. She had diligently received annual testing in the past which, she assumed, would have identified the cancer earlier. A lawsuit eventually filed in the case claims that for five years the pathologist in charge of decisions about the test reading told the women that everything was fine. The doctor did not identify the presence of any abnormal cells or order more testing to clarify ambiguity.

The woman in the case had several other pathologists review the slides. They found that the tests showed a clear progression of cells from “pre-cancerous” to invasive carcinoma. In fact, the very doctor named in the lawsuit admitted upon further review of the slides afterward that those test should have raised red flags. There is also some confusion about whether the defendant-doctor did in fact indicate suspicious signs which were ignored by obstetricians and gynecologists.

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 Posted on December 12, 2012 in Same-Sex Marriage

On November 30, 2012 we blogged about the Attorney General’s Opinion on the issuance of same sex marriage licenses and when the clerks could issue same. It appears that the clerks have followed the guidance of his Opinion as the first licenses were issued Thursday, December 6, 2012 as reported by the Baltimore Sun. Although the couples will not be able to wed until January 1, 2013, the Clerks of most Courts around the State have issued the licenses as of Thursday. As reported, Harford County and Prince Georges County are still working out some logistics, but will soon offer the licenses to same sex couples as well. While January 1, 2013, is a holiday and most courthouses would normally be closed, some are now considering opening to allow the couples to wed on their first available day to do so.

For more information, contact Monica Scherer, Esq. at 410-625-4740

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 Posted on December 05, 2012 in Medical Malpractice Law in Maryland

In an opinion reported on November 27, 2012, the Court of Appeals of Maryland held that a settlement agreement executed in a Maryland medical malpractice case involving Mercy Medical Center was not effective to end the hospital’s liability. A copy of the Court of Appeals opinion can be found here.

In the case, Spence v. Julian, a Baltimore medical malpractice case that involved multiple defendants, Mercy Medical Center entered into a settlement agreement with the plaintiffs regarding the extent of Mercy’s liability. Prior to trial, the hospital was dismissed from the case, but the plaintiffs were successful against the remaining defendants. When the other defendants filed a contribution lawsuit against Mercy Medical Center, or an action to compel the hospital to contribute money toward the judgment, the hospital argued that it was shielded from liability under the terms of the release. The Court of Appeals found that the settlement agreement did not meet the statutory requirements set out in section3-1405 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, and thus Mercy Medical Center was potentially liable to the remaining defendants under the contribution suit.

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 Posted on November 30, 2012 in Same-Sex Marriage

As we explained in our “How to Get Married Guide for Same Sex Couples” blog on November 8, 2012, same sex couples will be permitted to marry in Maryland as of January 1, 2013. However, couples will need to obtain a marriage license from the court prior to doing so, and will have to wait 48 hours before they can act on the license. So the question becomes, when will same-sex couples be eligible to obtain the license, given that January 1 is a court holiday. The Attorney General, Doug Gansler released on 19 page opinion on Thursday, November 29, 2012 as reported by WJZ. Attorney Gansler states that the “court clerks may begin issuing marriage licenses after the law is formally proclaimed to have been approved by the voters” on December 6, 2012. However, Attorney Gansler cautions that the clerk could choose not to issue the licenses until January 2, 2013.

For more information, contact Monica Scherer, Esq. at 410-625-4740

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 Posted on November 29, 2012 in Child Custody

Baltimore will soon be the home to a supervised visitation center according to CBS Baltimore’s report on November 27, 2012. The Safe Havens center will allow victims of domestic violence, sexual assault, stalking, dating violence or child abuse to have parent-child contact in the presence of a third-party supervisor. The opening of the Center is critical as many courts in the area have recently had to close their supervised visitation centers due to lack of funding. The center may be useful to Judges in awarding visitation with a minor child under a protective order to an alleged abuser. As we have previously explained when entering a protective order, a Judge has the authority to establish temporary visitation with a minor child of the alleged abuser and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief.

For more information on Maryland protective orders contact an experienced Maryland attorney.

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 Posted on November 29, 2012 in Divorce

As the Washington Post reports, The Maryland Court of Special Appeals upheld the divorce of Marie-Louise Tshiani and Noel Tshiani, stating that their marriage, where Noel was only present by phone, was valid. When Ms. Tshiani filed for divorce in the Circuit Court for Montgomery County, seeking alimony and child support, Mr. Tshiani claimed that he did not know about their marriage. Mr. Tshiani was present for the 1993 ceremony that took place in the Democratic Republic of Congo by way of speaker phone only. He participated by answering questions from another country, but his cousin did stand in his place for the actual ceremony. The Maryland Court of Special Appeals held that this was a valid marriage under state law as Maryland law does not bar the Court “from recognizing a ceremony where on participates by proxy and the ceremony that is valid in another jurisdiction.” The ruling by the Court is especially important as it again confirms that Maryland will recognize a marriage performed elsewhere that would have been otherwise illegal in Maryland.

For more information on Maryland divorce contact an experienced divorce attorney.

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 Posted on November 21, 2012 in Protective Orders

As we have previously stated the new same sex marriage law will not only allow those in same sex relationship to now marry, but also to divorce, and will affect many other areas of family law. While those in same sex relationships may have been able to obtain a protective order previously, there may be some changes to the process for them.

A protective order can be awarded to only specified individuals, termed “persons eligible for relief.” To be a person eligible for relief one must be: the current or former spouse of the respondent; a cohabitant of the respondent; a relative of the respondent by blood, marriage or adoption; or a parent, stepparent, child or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition Maryland Code, Family Law 4-501. While the same-sex couples did qualify under the cohabitant category previously, they, along with all others alleging to be cohabitants, had to prove they both had a sexual relationship with the respondent and resided in the same home for at least 90 days within one year of filing the petition. This may have required same sex couples to admit to sodomy, which remains a crime in Maryland. Now, those same sex couples who are married will fall under the current or former spouse category and will no longer have to prove the sexual relationship.

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