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Medical Malpractice

Analyzing medical death rate data over an eight-year period, Johns Hopkins patient safety experts have calculated that more than 250,000 deaths per year are due to medical error in the United States. That figure, published May 3, 2016 in The BMJ, surpasses the U.S. Centers for Disease Control and Prevention’s third leading identified cause of death—respiratory disease, which kills about 150,000 people annually (see “Unwarranted variation is endemic in health care,” states one professor at the Johns Hopkins University School of Medicine. “[P]reventing medical errors from occurring is needed to address the problem.”

If you or a loved one has been injured by a provider’s medical negligence, you may be entitled to financial compensation. Doctors and other medical providers are not above the law when their negligence causes injury or death to a patient. The law provides a cause of action to redress a medical provider’s deficient treatment.

Birth Injury. If your child suffered injury because of a medical professional’s wrongdoing—such as cerebral palsy— the consequences can be overwhelming and permanent.  If you are in need of aggressive and skilled attorneys experienced in recovering funds for victims of negligence, to fight for you, your child, and your family, contact Mallon LLC. Birth injury cases can be particularly overwhelming to new parents – in addition to a new baby and the baby’s condition, the cost of treating a baby injured by professional negligence can be staggering. Contact Mallon LLC as soon as possible, to evaluate your legal rights and decide whether a medical malpractice lawsuit is appropriate.

Medical Malpractice. If you believe that you or a loved one has received inadequate medical treatment, that has caused a substantial health injury or significant pain and suffering, you should contact Mallon LLC for a no-cost evaluation of a potential medical malpractice claim. As with all legal matters, you should act promptly, as there are time deadlines – medical records and other information likely need to be evaluated.

Wrongful Death. If someone else’s wrongdoing causes the wrongful death of a family member or loved one, various legal rights may arise. This includes a wrongful death caused by medical negligence. When you are able, please feel free to contact Mallon LLC. We are experienced in representing families who have lost someone as a result of another’s negligence. Recoverable damages include the loss of the decedent’s relationship with family members, lost earnings, funeral / burial expenses, certain medical expenses, and the deceased family member’s conscious pain and suffering from the time of malpractice until the time of death.

Brain Injury. The results of a provider’s medical malpractice can be devastating, and overwhelming. This includes negligence that results in serious brain injury to the patient. Such wrongdoing can be particularly severe involving a brain injury, because in addition to the grief and the dramatic life changes, families have to deal with the overwhelming medical costs of treating brain injuries.

Nursing Home Negligence. Victims of medical negligence include some of the most vulnerable members of our society – residents of long-term care, and shorter term rehabilitation, nursing homes. Such nursing home patients deal with risks confronted by typical patients, but also face special nursing home-related concerns, such as infection, treatment from falls, and opioid misuse.

Prescription Errors. Over-prescription of opioids is not the only form of pharmaceutical-related, provider malpractice. More traditionally, medication errors are common in general practice and in hospitals.  Both errors in the act of writing (prescription errors) and prescribing faults due to erroneous medical decisions can result in harm to patients. Any step in the prescribing process can generate errors. Slips, lapses, or mistakes are sources of errors, as in unintended omissions in the transcription of drugs.  Faults in dose selection, omitted transcription, and poor handwriting are common (see How often prescription errors actually occur varies widely based on the reporting, but it is frightening. Prescription errors account for 70% of medication errors that could potentially result in adverse effects. One research meta-analysis showed that the range of errors attributable to junior doctors (who are responsible for most prescriptions in hospitals) can vary from 514 to 2 per 1,000 prescriptions and from 82% to 4.2% of patients or charts reviewed.

Informed Consent. A legal claim for failure of “informed consent” arises if two (2) or more courses of treatment are available to a patient, and the provider does not fully advise the patient of the available treatment options. An informed consent claim may also arise if a provider does not fully explain all the risks of a proposed course of treatment. The doctrine of informed consent, as applied by the courts, follows logically from the universally recognized rule that a physician, treating a mentally competent adult under non-emergency circumstances, cannot properly undertake to perform surgery or administer other treatment without the prior consent of the patient. For the patient’s consent to be effective, it must be an “informed” consent, one that is given after the patient has received a fair and reasonable explanation of the contemplated treatment or procedure.  The keystone of the doctrine of informed consent is the patient’s right to exercise control over her or his own body. The doctrine of informed consent takes full account of the reality that unlike the physician, the patient is untrained in medical science, and therefore depends completely on the trust and skill of the physician for the information on which the decision is made. The doctrine of informed consent imposes on a physician, before he or she subjects the patient to medical treatment, the duty to explain the procedure to the patient and to warn the patient of any material risks or dangers inherent in or collateral to the treatment, so as to enable the patient to make an intelligent and informed choice about whether or not to undergo such treatment.

If you have been seriously injured by the negligence or wrongdoing of a medical provider, please contact Mallon LLC, immediately, for a no-cost evaluation of your legal rights and the claims you may have. Mallon LLC are your medical malpractice attorneys in Baltimore, MD, Prince George’s County, MD and throughout Maryland and Washington DC.