Maryland Patient Receives $2 Million Award in Medical Malpractice Case
A jury in Montgomery County decided there was a lack of informed consent in a medical malpractice case and awarded $2 million to an injured Maryland patient, according to an article by the Maryland Daily Record. Though the final award will likely decrease slightly due to the state cap on damages in medical malpractice and other personal injury cases.
This particular case dates back to 2013. At that time, the Maryland patient was experienced severe back pain due to a herniated disc on her right side. Following the advice of her doctor, the patient consented to a spinal surgery procedure. The doctor performed the surgery successfully on the patient’s right side.
Approximately one year later, however, the patient returned to her doctor with new back pain symptoms. But this time, the pain was occurring on her left side. After an initial examination and necessary testing, the doctor recommended a bilateral surgery that involved work on both sides of the patient’s spine. The doctor did not offer the patient the surgical option of operating uniquely on the left side of the patient’s spine.
The bilateral spinal surgery occurred on August 11, 2014. Although the doctor completed the procedure, the patient experienced painful and consistent issues in the aftermath of surgery. According to court documents, the surgery caused a tissue tear on the right spine of the patient’s spine.
Due to that tissue tear, the patient experienced severe and persistent injuries. Most significantly, the patient has lost total feeling on her right side, from the hip all the way down to the foot. As a result, the patient is unable to walk or drive without assistance. Additionally, the patient is not able to return to her previous employment as an emergency room nurse.
In light of these ongoing physical injuries, the patient filed a medical malpractice lawsuit on February 14, 2018. The case progressed to an eight-day trial with the necessary arguments, evidence, and witnesses. Then the jury deliberated for two days.
At the conclusion of deliberations, the jury determined that there was a lack of informed consent. Based on the jury verdict, the doctor should have offered a surgical option that only involved the patient’s left side.
Overall, the jury awarded the patient a total of $2,045,213.51. The total figure included the following amounts:
- $1,005,000.00 for non-economic damages;
- $586,001.00 for lost wages;
- $370,064.00 for other medical and life costs; and
- $84,148.51 for previous medical expenses.
It should be noted that the jury award for non-economic damages exceeded the Maryland cap for medical practice cases in 2014. At that time, $740,000 was the maximum amount of non-economic damages for medical malpractice. Consequently, the patient’s total award will decrease by $265,000.
Do You Need Legal Help?
If you have legal questions about medical malpractice in Maryland, it can be thoroughly helpful to contact a devoted personal injury attorney. The Baltimore medical malpractice attorneys at Iamele & Iamele, LLP have established qualifications in the field of personal injury law, including medical malpractice lawsuits. If you need legal help, contact us today for a free initial consultation.