The birth of a child is one of the most anticipated events in a person's life. The nine months leading up to the birth are full of planning, doctor visits and excitement in Maryland. The birth of a healthy child is the expected outcome. In a recent case in another state, a child was born with severe brain damage that may have been preventable. A medical malpractice suit was recently settled.
Serving in the military is definitely a career choice that comes with some risks. And it is reasonable that a soldier would not be able to file a claim for an injury received on the battlefield. A new law that went into effect on Jan. 1, 2020 in Maryland and in the rest of the country does allow for filing claims against military doctors for negligence or medical malpractice.
A new year has arrived and with it are new laws that went into effect at midnight on January 1, 2020. One such law, the National Defense Authorization Act, allows members of the military in Maryland, and around the country, to file limited medical malpractice claims for death or medical injury that may have been caused by military medical staffs in military hospitals. The legislation does not allow for claims for injuries suffered while in a war zone.
People enter hospitals every day for surgical procedures in Maryland. Some of these procedures are performed because of an emergency situation, and some procedures are elective. One feature surgeries in general typically have in common is the need for some form of anesthesia. Successfully administered anesthesia is critical to the successful outcome of an operation, and an error in administering anesthesia can cause permanent damage or death, and result in a medical malpractice lawsuit.
It is no secret that a person serving in the military risks being injured in the line of duty. People enlist in the military in Maryland knowing of the risk, and by signing they acknowledge that they cannot hold the military liable for injuries suffered during their service. This absolves the military from being cited for medical malpractice. This has been the case since the Supreme Court ruled in 1950 that members of the military could not sue for injuries that were perceived to be a result of medical malpractice on the part of the military. This could change if pending legislation known as the 2020 National Defense Authorization Act becomes law.
When a person enters the hospital in Maryland for a surgical procedure, a signed consent form is typically required before the surgery can proceed. This form highlights the risks associated with the procedure to be performed. In addition, doctors are required to inform patients of known potential risks. This is known as "informed consent." If complications occur and a patient was not informed of the risks grounds for a medical malpractice claim may exist.
Parents do not expect to their sons or daughters to die before them. The norm is that parents raise children to adulthood and hopefully live to see the birth of the next generation. Wartime is an exception as sons and daughters go off to fight and sometimes die in battle. But a parent does not expect one serving in the military to die as a result of a fairly routine surgery. Such a situation occurred on a Maryland naval base and has led to a possible medical malpractice lawsuit.
Bringing a child into the world is often anticipated with great joy in Maryland. A woman in labor in another state experienced complications that resulted in her child being born with severe brain damage. The mother filed a medical malpractice lawsuit against the hospital where her child was born.
Professional athletes in Maryland and elsewhere rely on their health and ability to allow them to perform in their sports at peak competitive levels. Team doctors are employed by the organizations to help protect the athletes and recommend treatment for them in the event of injury or illness. A professional football player is claiming that team medical professionals failed to live up to that commitment, and it may result in a medical malpractice case.
Urgent care facilities in Maryland have been hailed as a benefit to the health care system as they can typically handle non-critical cases more quickly than an emergency room. If a patient is too ill to be treated at the urgent care facility, he or she is typically referred to the nearest hospital. In one case in another state, this referral was not made, and the result was a medical malpractice lawsuit against the facility.