A Maryland medical medical practice jury returned its verdict in favor of the plaintiff in the amount of $1.67 million on September 26, 2018 in a Maryland medical malpractice wrongful death action, after a six-day trial and three hours of jury deliberations.
The Maryland medical malpractice jury awarded $750,000 for the decedent’s pain and suffering, $500,000 for the surviving spouse’s loss of care, comfort, and society, and $420,000 in economic damages. After the Maryland cap on noneconomic damages in Maryland medical malpractice cases is applied, it is anticipated that the jury’s verdict will be reduced to $1.18 million.
The Alleged Underlying Facts
The plaintiff’s husband had been suffering unexplained weight loss and abdominal pain for three years before he was admitted to a local hospital on February 24, 2014. The plaintiff’s husband came under the care of the defendant gastroenterologist, who suspected a rare condition that causes plaque to build up in the arteries associated with the man’s intestines, which could have been successfully treated if properly and timely diagnosed.
According to the Maryland medical malpractice lawsuit, the defendant gastroenterologist initially order a CT scan to diagnose the man’s condition but subsequently canceled the CT scan because he mistakenly believed that the man was allergic to the dye that would be used during the CT scan. Instead, the defendant gastroenterologist allegedly determined to stop medical testing, deferring to outpatient diagnosis and treatment.
Without receiving a timely and appropriate diagnosis, the man sadly thought he was suffering from a psychiatric condition and checked himself into a psychiatric facility. Two days after his admission into a psychiatric ward, the man began vomiting blood and lost consciousness because the arteries became blocked which led to the death of twenty feet of his small intestine.
Despite being transferred to a major medical center in Baltimore for emergency surgery, the damage was discovered to be too extensive and the man tragically died a few hours after surgery.
The defendant gastroenterologist’s lawyers have not yet filed post-trial motions and are considering their options, including an appeal. A defense lawyer stated after the Maryland medical malpractice verdict, “Our sympathy goes out to [the man’s wife] for her loss. Sometimes sympathy, rather than medicine, plays a role in the jury’s decision.”
The plaintiff’s Maryland medical malpractice lawyer stated after the verdict, “She was incredibly overwrought with emotion over losing [her husband] given that she had gone through a 3-year period of trying to get him diagnosed.”
If you or a loved one may have suffered harm as a result of medical negligence in Maryland or in another U.S. state, you should promptly consult with a Maryland medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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