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The Common Types Of Nursing Malpractice

Wed, 27 Dec 2023 23:23:18 GMT

In the challenging and demanding world of healthcare, nurses serve as the primary caregivers who ensure the well-being of patients. However, sometimes nurses can inadvertently contribute to patient harm due to negligence or oversight, creating a broad spectrum of problems commonly referred to as nursing malpractice.

Let's dive deep into the common types of nursing malpractice, shedding light on its various forms to give you a better understanding of your healthcare rights.

Medication Errors

One of the primary roles of nurses is to administer medicine. These mistakes happen when a nurse gives a patient the incorrect drug or dose. Death, birth abnormalities, hospitalization, or long-term incapacity are all possible outcomes of such a situation for the patient's health.

The failure to accurately confirm a patient's pharmaceutical allergies is a leading cause of medication mistakes. For example, a serious allergic reaction and potential injury to the patient's health can occur if a nurse gives a patient a medication to which the patient is allergic without first checking their allergy history. When a patient suffers harm as a consequence of this kind of carelessness, it becomes nursing malpractice.

Another pharmaceutical error is giving the wrong medicine because someone was careless or misunderstood a prescription. Mistakes in pharmaceutical administration, such as giving the wrong dosage or prescribing the wrong medication to a patient, can lead to this problem. Both scenarios expose the nurse to legal liability because they endanger the patient's health.

Documentation Error

The nursing profession places a premium on precise and up-to-date documentation of all patient health information, including diagnoses, treatments, and prescriptions. On the other hand, future treatment for the patient and even injury could result from nurses who do not conduct it correctly or at all. If the patient suffers harm as a direct result of the nurse's mistakes or failures to act, the patient may have grounds to sue for this type of malpractice.

Nurses must record all pertinent information in patients' records, such as vital signs, prescriptions, and complaints. Other medical mistakes and possible institutional malpractice can result from inadequate or inaccurate documentation of this information. For example, if a nurse does not record a patient's vital signs, the medical staff could not know if the patient's health has changed, which could cause them to wait for a diagnosis or treatment or even hurt them.

The documentation that nurses provide must also be readable, clear, and have a timestamp. The medical team is better able to avoid misunderstandings and miscommunications when paperwork is clear and easy to read.

The timestamp also gives important background information about the patient's status, which is especially useful in urgent cases. The medical staff can miss important details about the patient's treatment if the records are inaccurate. This could put the patient at risk of not receiving timely care.

Failure to Monitor

Failure to monitor occurs when a nurse does not keep a close enough eye on a patient to notice any changes that could indicate an issue. Keeping tabs on a patient's vital signs and overall health status is an important part of a nurse's job. In order to do this, it is necessary to keep detailed records of the patient's status and notify the attending physician of any changes, no matter how small.

Bed sores, forgotten medications, untreated cardiac arrest, and even mortality can result from a nurse's negligence in monitoring a patient. Negligible monitoring by nurses can lead to critical delays in patient care, which can have catastrophic consequences. Therefore, nurses might be sued for malpractice if they do not keep a close enough eye on their patients.

Have you or a loved one been a victim of medical malpractice? At Cardaro & Peek, LLC , our attorneys are dedicated to fighting for justice on your behalf. Reach out to us, and let us shoulder the burden of making sure your rights are upheld.

6 Common Causes of Medical Misdiagnosis

Wed, 14 Jun 2023 16:42:49 GMT

Medical misdiagnosis can lead to delayed or incorrect treatment, worsening of a condition, and even death. Patients may also experience unnecessary pain, suffering, and emotional distress. Misdiagnosis can also result in financial burdens due to additional medical expenses. Explore common causes of misdiagnosis.

1. Miscommunication Between Medical Providers

Doctors and nurses may fail to communicate patient symptoms accurately or misunderstand each other's instructions. This situation can lead to incorrect diagnoses and inappropriate treatments. Inadequate documentation and incomplete transfer of patient records can further contribute to miscommunication.

Time pressures and high workloads may hinder thorough discussions and clarification among healthcare professionals. Without clear and precise information exchange, medical providers may miss vital clues, make assumptions, or misinterpret data, resulting in diagnostic errors.

2. Doctor Inexperience and Overconfidence

Doctors who are inexperienced may lack the necessary knowledge and expertise to interpret symptoms and make appropriate diagnoses accurately. They may overlook important details or misinterpret medical tests and imaging results. Doctors who are overconfident may be prone to dismissing alternative possibilities or neglecting to seek additional opinions. They may rely solely on their own judgment without considering other potential diagnoses.

Both inexperience and overconfidence can lead to premature closure, where doctors settle on a diagnosis too quickly without considering all possibilities. Such can result in misdiagnosis and inappropriate treatments.

3. Lack of Time with Patients

Doctors may rush through appointments and not adequately listen to patient concerns or gather comprehensive medical histories. Inadequate time hinders thorough physical examinations, leading to missed signs and symptoms. It may also limit the opportunity for doctors to ask probing questions and gather critical information. Rushed interactions can result in miscommunication and misunderstandings, leading to incomplete or inaccurate patient narratives.

Without sufficient time, doctors may rely heavily on quick judgments and make hasty diagnostic decisions. Such increases the risk of overlooking important details, misinterpreting symptoms, and arriving at incorrect diagnoses. Allocating adequate time for patient consultations is essential to ensure comprehensive assessments and reduce the likelihood of medical misdiagnosis.

4. Improper Testing

Improper testing can cause medical misdiagnosis by providing inaccurate or incomplete information. In particular, inadequate or faulty testing procedures may fail to detect or identify the true underlying condition. This can lead to incorrect diagnoses or the omission of critical diagnoses altogether.

Errors in sample collection, handling, or processing can compromise the reliability of test results. Insufficient training or expertise in performing tests can also contribute to misdiagnosis. Inaccurate interpretation of test findings due to human error or reliance on outdated reference ranges can further exacerbate the problem.

Ultimately, improper testing practices undermined the accuracy and effectiveness of medical diagnoses, potentially resulting in inappropriate treatment plans and compromised patient outcomes.

5. Lack of Follow Up

If a patient fails to schedule or attend necessary appointments, vital information may be overlooked. Switching doctors can exacerbate this issue, disrupting the continuity of care. Doctors may also assume that patients will take responsibility for follow-up, placing the burden on them. Such can result in failure to complete crucial tests, consultations, or referrals, leading to inaccurate diagnoses.

Timely follow-up is essential for monitoring progress, adjusting treatment plans, and ensuring comprehensive care. Active patient participation and open communication with healthcare providers are also crucial to avoid misdiagnosis.

6. Fragmentation of Care

Different healthcare professionals may order separate tests, leading to a lack of comprehensive information. With multiple points of medical care, doctors may overlook crucial details, resulting in an incomplete understanding of the patient's condition. Since no single medical professional generally has the whole picture, vital context and medical history may be missed, leading to erroneous conclusions. Consequently, patients may receive inappropriate treatments or experience delays in receiving the correct care.

The Law Offices of Cardaro & Peek, LLC , represents individuals and families harmed by medical professionals, hospitals, HMOs, and pharmaceutical companies. Our relentless pursuit of justice has resulted in hundreds of millions recovered for our clients. Contact us today, and let our experienced team fight for the compensation you deserve.

4 Common Types of Medical Malpractice

Tue, 07 Mar 2023 19:46:09 GMT

Medical malpractice occurs when doctors and other medical professionals make mistakes that cause harm or injury to a patient. These injuries can occur in virtually any setting. Medical malpractice cases range vastly, resulting in substantial losses, worsened conditions, severe disabilities, and even death.

In this blog, you will learn about some of the common types of medical malpractice claims.

1. Birth Injuries

Welcoming new ones is a process that involves midwives, gynecologists, and obstetricians. These medical professionals should care for the expecting mother and the new infant during pregnancy and childbirth. But the delivery staff can be negligent and cause minor or severe injuries, such as fractures, brain injuries, developmental disorders, and partial or total paralysis.

Birth injuries can cause lifelong challenges and devastate a family. Common causes of birth injuries include lack of prenatal screening, failure to detect serious complications, and use of faulty equipment during delivery. Some doctors may also fail to diagnose or treat maternal infections that can affect the fetus, like HIV or herpes. In some cases, birth injuries can cause the death of the mother, child, or both.

2. Delayed Diagnosis or Misdiagnosis

Delayed or incorrect diagnosis is when a doctor fails to provide an accurate analysis of a condition or provides the analysis when it's too late. As a result, the patient misses treatment opportunities and the condition progresses to a more critical stage. The delay or lack of proper treatment increases the patient's suffering and pain and may result in lasting consequences.

Indeed, incorrect or delayed diagnosis can cause death, especially if the patient suffers from a serious disease, such as cancer.

A delayed diagnosis or misdiagnosis might happen when a doctor fails to examine a patient's medical history and do the appropriate tests. The treating doctor may also make inaccurate interpretations of information in imaging scans and other test results.

To win the case, you have to show that a competent doctor would have arrived at a correct diagnosis in a similar situation. Your lawyer will also have to explain the impact of the delay or error on your health.

3. Surgical and Anesthesia Errors

Some of the most obvious medical malpractice incidents occur in the operating room and are so obvious that patients may not require expert testimony. Common examples of medical malpractice include leaving a surgical instrument inside the body, wrong site surgery, wrong procedure surgery, and post-operative care negligence.

Here are other types of surgical errors:

Puncturing a blood vessel or organ during surgical procedures
Performing unnecessary surgery
Operating on the wrong patient
Using unsterilized surgical equipment

Even minor anesthesia errors can result in devastating consequences, such as permanent injury or death. Anesthesia mistakes happen when the anesthesiologist doesn't review patient history beforehand or uses defective equipment.

4. Medication Errors

Nurses, doctors, and other healthcare providers can make mistakes when prescribing or offering medication. Incorrect medication or improper administration of correct medication can cause disability, permanent injury, and even death.

Doctors are usually the culprits when prescription errors occur, while nurses may be responsible for mistakes during administration. Another common mistake is when nurses provide medication to a patient that was for another patient.

The most common type of medication and prescription error is providing the wrong dosage to a patient. These errors happen if the staff members are overworked or too tired to do their job. Illegible writing and poor communication between healthcare professionals can also cause medication and prescription errors.

Medical malpractice can cause devastating and far-reaching injuries. If any of these scenarios has affected you or your loved one, you need the help of the local attorney. At Cardaro & Peek, LLC. , we know how to assess medical malpractice and hold accountable healthcare providers who don't offer proper medical care. Contact us today for more information.

Identifying Signs of Nursing Home Neglect

Fri, 13 Jan 2023 14:52:00 GMT

Negligence in a nursing home can take many forms, including neglect, abuse, and inadequate medical care.

Identifying nursing home negligence can be a challenging task, but it is important to be vigilant in order to protect the well-being of our loved ones who are in the care of nursing homes. Negligence in a nursing home can take many forms, including neglect, abuse, and inadequate medical care.

Be aware of the common signs of nursing home neglect . Contact The Law Offices of Cardaro & Peek to schedule a free consultation with one of our experienced medical malpractice attorneys in Maryland and Washington, D.C. Our experienced team of legal professionals can help you and your family recover compensation for your medical bills, lost wages, and conscious pain and suffering. If you lost a loved one due to nursing home neglect, we can investigate their wrongful death on your behalf. Learn more about some common warning signs of nursing home neglect here, and do not hesitate to contact us with any questions.

Change in Physical/Emotional Condition

One of the first signs of nursing home negligence is a change in the physical or emotional condition of your loved one. For example, if your loved one suddenly loses weight, has unexplained bruises or injuries, or becomes withdrawn and unresponsive, it could be a sign of neglect or abuse. Other signs include poor hygiene, unkempt living conditions, and unsanitary conditions. The staff and caretakers are responsible for assisting in the basic care of their patients. Elderly adults may need help with personal care, like bathing, brushing their teeth, and trimming their nails. Your loved one’s unkempt appearance can indicate that their everyday needs are not being tended to.

Unexplained Injuries

“Unexplained injuries” are any physical injury that your loved one has which the nursing home staff cannot provide a clear explanation for or reason as to how it occurred. These injuries could be a sign of abuse or negligence by the staff.

Some examples of unexplained injuries in a nursing home setting include:

All of these injuries could happen as a result of normal medical conditions or accidents. But if the staff cannot provide a clear explanation or if the injury is in a suspicious location such as wrists or ankles, it is important to investigate further. Keep in mind that your loved one may not report the abuse/negligence because of declining cognitive function, disability, or fear of retaliation.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that your loved one is a victim of nursing home abuse or neglect? The lawyers at Cardaro & Peek can help.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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What Damages Can You Claim in a Medical Malpractice Case?

Fri, 13 Jan 2023 14:44:00 GMT

When filing a medical malpractice claim, you must have an experienced medical malpractice lawyer to help determine the damages you are entitled to.

Medical Malpractice Lawyers in Maryland and Washington, D.C. Explain Your Rights to Compensation Following Medical Malpractice

A medical malpractice lawsuit is a legal action brought against a healthcare provider, such as a doctor, nurse, or hospital, for harm caused by the provider’s failure to meet the standard of care. In a medical malpractice case, the plaintiff, who is typically a patient or the patient’s family, must prove that the healthcare provider’s negligence caused damages, such as physical injury or financial losses. These damages can include compensation for medical expenses, lost wages, pain and suffering, and in some cases, even punitive damages.

If you are filing a medical malpractice claim, it is important to have an experienced medical malpractice lawyer help you determine what type of damages you are entitled to. If you believe a negligent healthcare provider or facility may have harmed you, contact our experienced medical malpractice attorneys in Maryland and Washington, D.C. for help.

Economic Damages

As one might expect, “economic damages” refer to the financial losses that a plaintiff (the person who is filing the lawsuit) has suffered as a result of the defendant’s (the healthcare provider or institution being sued) alleged negligence. These can include expenses such as past and future medical costs, lost wages or earning capacity, and any other out-of-pocket costs related to the malpractice. Economic damages are meant to compensate the plaintiff for the concrete, financial losses they have incurred, rather than for intangible losses such as pain and suffering (discussed below).

Non-Economic Damages

Non-economic damages refer to intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (a legal term referring to the loss of companionship and support from a spouse or other family member).

Punitive Damages

Punitive damages are a rare type of damages award. Punitive damages are only awarded in cases where the defendant’s behavior was particularly reckless or intentional, and are not meant to compensate the plaintiff, but rather to make an example of the defendant and to deter similar conduct in the future. Punitive damages are in addition to any compensatory damages that may be awarded to the plaintiff (i.e. economic and non-economic damages). The amount of punitive damages awarded is usually based on factors such as the defendant’s financial resources and the severity of their misconduct.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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4 Common Medical Malpractice Claims

Fri, 30 Dec 2022 16:02:00 GMT

Healthcare professionals are people, and people make mistakes. This leads to thousands of medical malpractice victims every year.

Tragically, medical malpractice is one of the leading causes of death in the United States, behind heart disease and cancer. Medical malpractice occurs when a healthcare professional fails to meet the standard of care while treating a patient, resulting in major injury, trauma, or death. Many different scenarios give rise to medical malpractice. Healthcare professionals are people, and people make mistakes. This leads to thousands of medical malpractice victims every year.

Below are a few common categories of medical malpractice cases. If you or a loved one went through one of these situations, call our experienced medical malpractice lawyers in Maryland or Washington, D.C. for help . We offer FREE consultations and can help victims and their families recover compensation for their losses.

Common Medical Malpractice Claims

Inaccurate Diagnosis

It is obvious that an inaccurate diagnosis poses a significant risk to the patient. An inaccurate diagnosis claim can involve an individual being diagnosed and treated for the incorrect illness or condition or a sick patient being cleared as healthy and not receiving treatment. An inaccurate diagnosis also includes a doctor diagnosing a healthy individual is ill, which puts patients through unnecessary treatments and expensive hospitalizations. No matter what, an inaccurate diagnosis prevents a patient from getting the correct and necessary treatment they require.

Delayed Diagnosis

A delayed diagnosis is similar to a misdiagnosis in that a patient’s initial diagnosis is incorrect. With a delayed diagnosis , the patient eventually gets an accurate diagnosis, but the condition worsens in the interim. Unfortunately, it’s often only after a patient’s condition worsens that the initial diagnosis is questioned. The longer it takes before an accurate diagnosis occurs, the greater the possibility of the patient suffering pain and injury.

Errors with Medication and Prescriptions

Another common type of medical malpractice claim is medication/prescription errors . In addition to not being effective at treating the patient’s condition, administering, or prescribing the wrong medication or dosage could cause the patient to experience dangerous and life-threatening side effects. Sometimes, the pharmacy does not fill the prescription correctly, and other times, the doctor prescribes the incorrect dose or medication.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice? You need to talk to an experienced team of local lawyers today.

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Recognizing Symptoms of a Traumatic Brain Injury

Fri, 30 Dec 2022 15:52:00 GMT

Traumatic brain injuries range in severity, and the effects may come on quickly or appear days/weeks after the injury.

A traumatic brain injury (TBI) is an injury that affects how the brain functions. TBIs usually results from a sudden blow or concussive force to the head. TBIs can range from mild to severe, and the effects may come on quickly or first appear days/weeks after the injury. Although many TBIs are caused by random events, like a car wreck, sometimes a TBI is caused by negligent healthcare providers.

Our dedicated and professional team of personal injury lawyers and medical malpractice attorneys can help you and your family recover compensation for your pain and suffering, medical bills, lost wages, and other damages caused by a negligent healthcare provider. If you or a loved one suffered a severe traumatic brain injury , contact our experienced medical malpractice lawyers in Maryland and Washington, D.C. for a FREE consultation.

Common Causes of TBIs Related to Medical Negligence

As discussed above, a blow to the head, penetration of a foreign object, a sudden movement of the head/neck, and/or shaking could cause a TBI. For example, a common cause of TBIs in infants is a doctor’s misuse of forceps during delivery. Additionally, medical professionals may fail to recognize that a patient suffered a TBI, which could lead to uncontrolled bleeding within the patient’s brain.

Symptoms of a Traumatic Brain Injury

Each TBI can have different symptoms. Some of the most common symptoms include the following:

Loss/Change in Cognitive Skills

Memory loss or gaps in memory are not uncommon after a TBI. Altered judgment and reasoning are also common consequences of a TBI. This includes the ability to pay attention, problem-solving, organization, plan, and decision-making. Language and communication issues, both understanding others and getting others to understand you, are also associated with TBIs.

Personality Changes

A traumatic brain injury can change a victim’s personality in several ways. The extent of these changes depends on where in the brain the injury occurred. Damage to the frontal lobe, temporal lobe, and hippocampus causes aggression and struggles with impulse control. Increased aggression, depression, anxiety, and mood swings are symptoms TBI victims face even years after their injury.

Trouble Sleeping

Studies have shown that approximately 75% of TBI patients develop some type of sleep disorder shortly following the injury, including insomnia, excess fatigue, and/or drowsiness.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Injury to the Spinal Cord During Birth and Medical Negligence

Fri, 09 Dec 2022 15:34:00 GMT

If your child suffered a spinal cord injury during birth, it may be difficult to determine whether a healthcare provider was negligent without help.

Spinal cord injuries are (thankfully) rare amongst the various types of birth injuries. However, they are some of the most devastating injuries to the newborn. When a child suffers a spinal cord injury at birth, they might experience lifelong nerve damage, pain, and paralysis.

If your child suffered a spinal cord injury during the birthing process, it may be hard for you to investigate the care at issue and determine whether a healthcare provider was negligent during the delivery process without help. That’s where experienced medical malpractice attorneys like those at Cardaro & Peek can help. We have a network of medical experts that we work with to obtain an in-depth look into your case to figure out what went wrong and what, if anything, the doctor might have done differently to prevent the injury.

Spinal Cord Injuries – Basic Information

The spinal cord is an important part of the body’s nervous system. It is a collection of 31 pairs of nerves and nerve roots that carry nerve signals throughout your body. Any damage to the spinal cord interferes with these signals, which interferes with the function of the body parts connected to the injured nerves.

The type and severity of spinal cord injuries depend on the section of the spine that is injured. There are 4 spinal cord sections: cervical (top of the spine connecting to the neck), thoracic, lumbar, and sacral (bottom of spine). Each section contains different groups of nerves that control different body parts. Injury to the nerves impacts the ability to feel sensation and/or move the corresponding body part. For example, C6 vertebrae (the sixth vertebrae in the cervical spine) contains nerves that control your wrist. The L2 vertebrae controls your hips. When a spinal cord injury occurs, nerve function loss occurs below the injury level. Accordingly, the higher along the spinal cord the injury occurs, the greater the severity of the injury.

Spinal cord injuries are generally classified as complete or incomplete.

Complete injuries result in a total loss of function below the injury location. For example, an infant with a complete cervical spine injury will be paralyzed from the neck down and never regain the ability to move their limbs or to sense things below the injury.

Incomplete injuries might allow the brain to send signals to other body parts, meaning that a child might regain motor function and sensation with treatment and therapy.

Effects of a Spinal Cord Injury

Babies with spinal cord injuries sustained during/after delivery exhibit many different symptoms depending on the severity of the damage and location of the injury. But there are some common symptoms, such as:

Long-term effects may include paralysis and intellectual disability. In very severe cases, spinal cord injuries can result in the child’s death.

What Kind of Damages Can Be Recovered?

In short, both economic and non-economic damages are available for spinal cord injuries.

Children with spinal cord injuries often require significant medical care for the rest of their life. They may require braces, mobility devices, home modifications, medications, etc. Additionally, family members may become caregivers for the child or otherwise have to hire part- or full-time caregivers. Accordingly, many victims seek compensation for both past and future medical expenses, including future at-home/long-term care.

Of course, in addition to the financial aspect of damages, a spinal cord injury often flips both the injured child and their family’s life upside down. The child and their family will have gone through and will keep going through emotional distress and mental anguish. Pain and suffering, along with the emotional damage caused by the healthcare provider’s negligence, can also be recovered.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Failure to Diagnose Strokes in Certain Patients

Fri, 02 Dec 2022 15:18:00 GMT

In the worst-case scenarios, strokes can permanently impair a person’s mental or physical abilities and even cause death.

A stroke is a severe condition that can result in permanent brain damage, speech issues, and a significant amount of physical therapy. If left untreated, a stroke can also cause death. As recent as 2013, strokes accounted for nearly 1 of every 20 deaths in the United States.

It is common knowledge that strokes typically occur in older people. In fact, your odds of having a stroke about doubles every 10 years after age 55. However, while many patients get diagnosed quickly, some are more likely to be misdiagnosed or dismissed as having a non-emergent condition.

If you suffered from a delayed diagnosis or a failure to diagnose a stroke, call our medical malpractice lawyers in Maryland and Washington, D.C. for help . We offer FREE consultations and can review and evaluate your case at no upfront costs to you. That means we can advise you on the law and answer your questions, while also conducting an investigation and review if we accept your case. We only get paid if you get paid.

Strokes Symptoms

Some common signs of a stroke include:

If you or a loved one are experiencing these symptoms, call 911.

If you or a loved one went to a healthcare provider complaining of these symptoms and were diagnosed with a non-emergent condition, but later diagnosed with a stroke, you may want to consult a medical malpractice lawyer like those at Cardaro & Peek .

Who is Likely to be Misdiagnosed?

Generally speaking, strokes affect older individuals more often than anyone else. It is also more common with women than men. Additionally, both men and women who are Black, Hispanic, American Indian, and Native Alaskan may be more likely to have a stroke than non-Hispanic White or Asian individuals. The risk of having a first stroke is nearly twice as high for the above groups. Black individuals are also more likely to die from stroke than White individuals.

As a result, it’s common for younger individuals, especially female patients under 40, to be misdiagnosed and dismissed as having other problems, such as migraines. Patients of color are also 20-30% more likely to be misdiagnosed. Notwithstanding the above, any individual can suffer a stroke and any individual can be misdiagnosed. Unfortunately, especially with younger individuals, many of the misdiagnoses occur simply because the possibility of a stroke was not given much consideration during the diagnostic assessment.

Is it Medical Malpractice?

There is a well-known medical saying with strokes— “time is brain.” This saying is recognition of the fact that human nervous tissue is rapidly (and permanently) lost as the stroke progresses, and thus therapeutic interventions should be emergently pursued. Early diagnosis and treatment of strokes are critical to the individual’s recovery.

When a patient presents with symptoms of a stroke, a healthcare professional should ask for a complete medical history, including a list of all current medications, and check for stroke risk factors. Physicians should be able to differentiate between dizziness caused by a stroke and one caused by other problems (e.g., an inner ear problem). It can have dire consequences when they fail to do so and release a patient who is having a stroke without the proper diagnosis.

In the worst-case scenarios, strokes can permanently impair a person’s mental or physical abilities and even cause death. If you believe your stroke symptoms were misdiagnosed, contact the Law Offices of Cardaro & Peek . We have years of experience in medical malpractice cases and want to help your family receive justice.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What to Know About Surgical Infections and Medical Malpractice

Fri, 18 Nov 2022 15:58:00 GMT

Surgeries are meant to treat patients and improve their health conditions. However, if a patient contracts a surgical infection, it can cause significant complications.

Surgeries are meant to treat patients and improve their health conditions. However, if a patient contracts a surgical infection, it can cause significant complications. Some patients’ body’s immune system responded poorly to the procedure and became susceptible to infection. However, some surgical infections are avoidable, and may have been caused by a surgical team’s negligence during or after the procedure. Read on to learn more about surgical infections, and call The Law Offices of Cardaro & Peek to find out what legal options you can pursue. Our experienced medical malpractice lawyers in Maryland and Washington, D.C. are here to help you. Call to schedule a FREE consultation to learn more about our law firm and how we can help you and your family recover compensation for your losses related to medical malpractice.

Types of Surgical Infections

Depending on the operation and any pre-existing conditions, a patient may be susceptible to different kinds of infections. Commonly, patients may experience urinary tract infections, MRSA , bloodstream infections, surgical hemorrhage, and necrotizing fasciitis (when soft tissue cells die rapidly). Signs they may indicate a surgical infection include:

How To Know When Medical Negligence Caused a Surgical Infection

Determining the cause of infection can be challenging to do alone. At Cardaro & Peek, our experienced team of attorneys and medical professionals will start by reviewing medical records and the facility’s policies for cleaning and sterilizing the equipment, operating room, and surgical site. From there, we can contact medical experts to determine whether the healthcare providers departed from the applicable standard of care, and whether their departure was the cause of the patient’s injuries.

In our experience, two of the main causes of preventable surgical infections are 1) errors made by the surgical team during and after the procedure and 2) unsafe/unsanitary environments. Before beginning the procedure, the surgical team must be aware of (and account for) any factors that may put a patient at a greater risk of infection. Typical risk factors include age (very young or very old), a weakened immune system, diabetes, obesity, and poor circulation. Examples of negligent post-operative care include failing to monitor the patient’s recovery, releasing them too soon, or not properly changing wound bandages/inspecting wounds for the early signs of infection.

Surgery-related infections strain the patient’s body, mind, and finances. The patient can wake up in a worse state than before the operation and might need to stay longer for more treatment. If you or a loved one had a surgical infection due to medical misconduct, you should hire a skilled medical malpractice lawyer. An attorney will help you recover damages like infection treatment costs, lost pay, and mental distress. If a patient dies due to a surgical infection, their spouse, parent, or child may file a wrongful death claim against the hospital.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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3 Common Anesthesia Errors

Fri, 11 Nov 2022 15:28:00 GMT

Anesthesia must be administered correctly, and the patients must be monitored to remain stable. When this fails to occur, the consequences can be devastating.

3 Common Anesthesia Errors Explained By Medical Malpractice Lawyers in Maryland and Washington, D.C.

Anesthesia is a broad term for drugs used during surgeries and invasive medical procedures to prevent patients from feeling pain through localized numbing or induced unconsciousness. This is a good thing. Patients can undergo invasive medical operations thanks to anesthesia without feeling pain or discomfort.

However, anesthesia is not without significant risk. You are essentially in a medically induced coma when you undergo general anesthesia. Accordingly, the drugs must be administered correctly, and the patients must be monitored carefully to ensure their condition stays stable. When this fails to occur, the consequences can be devastating. Common consequences of anesthesia mistakes include brain damage, stroke, cardiac arrest, and death.

Any of the three common anesthesia errors discussed below could be due to medical malpractice. If you or a loved one may have been a victim of medical negligence, call our experienced medical malpractice lawyers for help. Our compassionate and experienced staff will aggressively fight for the compensation you and your family deserve after being victims of medical malpractice. And remember, there is ZERO upfront cost— we only get paid if you recover compensation.

Anesthesia Dosage Errors

To undergo anesthesia, a patient must be given a dosage based on multiple factors. Much like other medication errors , failure to properly dose anesthesia can result in severe complications for a patient, such as waking up during surgery. Some possible causes for anesthesia dosage errors include:

Medical staff are encouraged and expected to speak up if they feel any of the above scenarios are possible during an operation.

Documentation Errors

One of the more common errors is a documentation error. Documentation errors include unclear descriptions of postoperative pain management or completing end-of-surgery documentation before the surgery fully concludes. Failing to properly document the surgeon’s prescribed post-operative pain management can result in a patient’s pain being mistreated or failing to diagnose a follow-up condition. As a result, these open up the possibility of malpractice. [For more information on the basics of a medical malpractice claim, click here ]

Operation of IV Mechanisms

Anesthesia is often administered via an IV. Correctly regulating anesthesia is crucial to the success of a surgery. Incorrect intravenous fluid administration or regulation can occur in a few possible ways:

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Camp Lejeune Justice Act Of 2022— Do You Have A Claim?

Fri, 04 Nov 2022 15:37:00 GMT

Did you and/or a loved one live or work at the Camp Lejeune military base from 1953-1987 and later developed a serious illness?

Did you and/or a loved one live or work at the Camp Lejeune (North Carolina) military base from 1953-1987 and later developed a serious illness? If so, there is important information you need to be aware of. The Law Offices of Cardaro & Peek is currently accepting clients who suffered harm due to exposure to contaminated/toxic water at Camp Lejeune (for more info on the contamination, click here ).

PACT ACT & the CLJA

The Honoring our Promise to Address Comprehensive Toxics Act (“PACT”) of 2022 was signed into law on August 10, 2022. Within the PACT, there is a provision called the Camp Lejeune Justice Act of 2022 (“CLJA”)

The CLJA created a new federal cause of action against the United States Government related to contaminated water uncovered at the Camp Lejeune military station from 1953 to 1987.

There is a small window to file a claim

Who can file a claim?

Nursing Home Neglect and Abuse

Fri, 28 Oct 2022 13:38:00 GMT

Unfortunately, sometimes nursing homes and care facilities don’t treat our loved ones with the level of care they deserve.

With the growing elderly population, millions of Americans live in long-term care facilities because they have ongoing physical or mental conditions requiring constant care and supervision. These long-term care facilities, often called nursing homes, are supposed to provide our elderly loved ones a safe and caring place to live. This typically includes providing nursing care, 24-hour supervision, meals, and assistance with everyday activities.

Unfortunately, sometimes the nursing homes and care facilities don’t treat our loved ones with the level of care they deserve. This can be due to negligence or straight-up abuse by healthcare providers. Even worse, patients in these facilities often cannot report the abuse they receive because of declining cognitive function, disability, or fear of retaliation. From the outside, it can be difficult to identify the abuse, especially if you don’t know what to look for.

When a nursing home or other care facility causes you or a loved one serious personal injuries, it is natural to want to learn more about your rights to compensation for the damages you or your loved one has suffered. Our compassionate and dedicated team of nursing home malpractice and nursing home abuse and neglect lawyers offer victims and their family a FREE consultation to learn more about their rights under the law, and aggressively fight for the compensation that victims of medical malpractice deserve.

What is Nursing Home Neglect?

Federal law (42 CFR § 488.301) provides that nursing home neglect “is the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.” As explained below, the key difference between neglect and abuse is intent. Negligence can be unintentional, such as simply forgetting to give a patient their medicine or leaving the patient unattended for too long resulting in a fall. While there may not be any intent to do harm, the harm that actually results from negligence can be severe.

Red flags of nursing home neglect include:

What is Nursing Home Abuse?

Federal law (42 CFR § 488.301) provides that nursing home abuse is “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” Abuse also includes “the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being.” content is key with abuse. It is difficult to imagine anyone willfully inflicting pain on a vulnerable, elderly individual. Tragically, complaints of nursing home abuse are continuing to rise.

Types of Abuse :

Neglect and Abuse Are Both Prohibited By Federal and State Law

What to do if you suspect neglect or abuse?

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that your loved one is a victim of nursing home abuse or neglect in Maryland? The lawyers at Cardaro & Peek can help.

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Transient Ischemic Attacks and Stroke Misdiagnosis

Mon, 24 Oct 2022 14:17:00 GMT

Patients with stroke symptoms depend on doctors to assess them correctly and make the right diagnosis.

Strokes are among the leading causes of death in the United States. Every 40 seconds, someone in the United States has a stroke, and tragically, every 3.5 minutes, someone dies of a stroke. Thankfully, fewer Americans die of stroke now than in the past due to newer effective treatments and knowledge about warning signs of a stroke, such as a TIA (transient ischemic attack).

Of course,e patient must first be correctly diagnosed to get the treatment a patient needs. Catching a stroke early is important, as some effective treatments must be given within mere hours of symptom onset. Therefore, patients presenting with symptoms indicative of a stroke are dependent upon the medical professionals correctly assessing their symptoms and making the right diagnosis. When healthcare providers fail to do so, it can leave the patient with debilitating long-term injuries, even resulting in the patient’s death.

If you or a loved one believes that you have been the victim of a stroke misdiagnosis, call our medical malpractice lawyers in Maryland and Washington, D.C.

What is a Stroke?

Your brain requires a constant flow of oxygen and nutrients to function. A stroke occurs when your brain does not get the oxygen it needs because blood flow to the brain is stopped or interrupted. When blood flow stops, even for a short period, brain cells can begin to die from a lack of oxygen. Brain function can be lost when brain cells die, resulting in permanent brain damage.

There are two types of stroke— ischemic (blood vessels to the brain are blocked by something) and hemorrhagic (artery in brain leaks or ruptures).

Common stroke symptoms include:

What is a TIA?

A TIA (transient ischemic attack), also called a “mini-stroke” is a warning sign of a future stroke. Even though the symptoms usually only last a few minutes, a TIA is a medical emergency and should be treated as such. Importantly, because TIA symptoms are the same as stroke symptoms, at the onset one cannot know if the symptoms are a TIA or a major stroke.

Dangers of a Stroke Misdiagnosis

Stroke misdiagnosis can be life-threatening. A stroke must be diagnosed and treated quickly to minimize the long-term effects. With a stroke, time lost is brain lost.

When a patient presents with symptoms of a TIA/stroke, the initial evaluation should consist of a careful medical history, a physical examination, an ECG, imaging studies of the brain and neurovascular studies to look for blockages. Failure to do a proper workup can lead to a misdiagnosis.

Some examples of medical errors that result in stroke misdiagnosis include:

Some permanent effects of a stroke include:

You deserve proper compensation if your delayed diagnosis or misdiagnosis caused you to suffer severe damage from a stroke. Reach out to The Law Offices of Cardaro & Peek today for a free case evaluation.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Don’t Let Your Claim Expire— Learn About the Deadline to File a Medical Malpractice Claim In Maryland and Washington D.C.

Tue, 18 Oct 2022 15:06:00 GMT

Maryland law has clear guidelines concerning the period for filing a malpractice claim.

In the aftermath of suffering an injury or death or due to medical malpractice, there are so many things to deal with. If you or a loved one is injured, you have to figure out how to care for them and adapt to their new world. If a loved one died, you must make funeral arrangements, manage their estate, and much more. This can be an incredibly stressful time for everyone involved.

While dealing with all of that stress, something else might be on your mind. You might wonder if you are a victim of medical malpractice . For those individuals in this unfortunate situation, it’s important to seek legal assistance as soon as possible.

Why? Because Maryland law has clear guidelines concerning the time period for filing a medical malpractice claim (the legal term is “statute of limitations”). If you fail to file a claim before the statute of limitations runs out, it can result in the automatic dismissal of your case, even if you have catastrophic personal injuries or a loved one has passed away due to medical negligence.

Contacting an experienced medical malpractice lawyer right away can help you meet these important deadlines and receive the financial compensation you deserve. Call Cardaro & Peek today for a FREE consultation and to protect your right to compensation.

What is the Statute of Limitations for Medical Malpractice Claims?

As stated above, the “statute of limitations” governs the time to bring a lawsuit (one way to remember this is to use the term “SOL” for statute of limitations because if you miss the deadline, you’re SOL). There is a statute of limitations for every type of lawsuit. The point of the SOL is to make sure that potential plaintiffs do not wait years and years to file a lawsuit.

Maryland: medical malpractice claims for a personal injury must be filed by the earliest of the following dates (a) 5 years from the date of the injury or (b) 3 years from the date the injury was discovered . Because of the nature of medical malpractice claims, the 3-year period is most common for personal injuries. In Maryland, an injury is “discovered” when the plaintiff actually discovers or should have discovered, the injury through the exercise of due diligence. The Maryland rule is somewhat strict. Even though you are given time to “discover” the injury, you should not wait long to start the investigation. One must keep in mind that the 5 year deadline will bar any claims filed after five years of the date of the injury, regardless of when the injuries are discovered.

The Maryland SOL for wrongful death is three years after the individual’s death. There is no “discovery” element, the clock starts at death.

Washington, D.C.: a plaintiff must file a medical malpractice case for personal injuries within three years . D.C. also has a “discovery rule.” The D.C. rule is arguably more forgiving for plaintiffs than Maryland’s rule. The clock does not start until the plaintiff “discovers or reasonably should have discovered” that they were the victim of medical malpractice.

For wrongful death in D.C., the Personal Representative of the deceased individual’s estate must file a wrongful death lawsuit within two years of the date of death .

What Happens if the Statute of Limitations Has Passed?

The statute of limitations is a harsh deadline. Filing too late may mean the difference between recovering compensation and recovering nothing. If the deadline has passed by just one day, your claim may be immediately dismissed, even if you can prove that your doctor caused the injury and the injury resulted in millions of dollars in damage. Additionally, medical malpractice claims take time to investigate before filing. You will need medical experts to make a signed and sworn statement stating your claim is legitimate and meets the requirements to prove wrongdoing by a medical professional. To do that, the experts need to review your medical records. This process can take months and should be started long before the SOL gets close.

This is why it is critical to talk to an attorney about your claim as soon as possible. Our experienced medical malpractice attorneys at Cardaro & Peek can help build your case and make sure to avoid any SOL issues, so you can get the compensation you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Diagnostic Errors from Medical Malpractice: What to Know

Tue, 18 Oct 2022 14:55:00 GMT

Diagnostic errors are among the most common types of healthcare mistakes.

Sometimes, even highly trained doctors and other medical professionals make mistakes. Among the most common types of healthcare mistakes are diagnostic errors. If you or a loved one believe that you have been harmed due to diagnostic errors by a healthcare provider in Maryland or Washington, D.C., call our experienced medical malpractice attorneys for help.

What is a Diagnostic Error?

Broadly speaking, a diagnostic error is “any mistake or failure in the diagnostic process leading to a misdiagnosis, a missed diagnosis, or a delayed diagnosis.”

How Do I Know If a Diagnostic Error Happened?

As noted above, there are some common themes among diagnostic errors. Urgent care clinics and emergency rooms are very busy, which creates an environment where diagnostic errors are more likely to occur. Additionally, certain symptoms (like chest pain, headache, etc.) are common and can occur with multiple diseases. If the health care provider picks the most common cause of the symptoms (e.g., sudden severe headache=migraine) without ruling out the most severe cause (e.g., sudden severe headache=brain bleed), it can lead to a diagnostic error.

Ultimately, a diagnostic error can occur at any stage in the diagnostic process, and there is a spectrum of patient consequences related to these errors ranging from no harm to severe harm and even death. Therefore, it may be difficult for you to determine if there was a diagnostic error or just an unfortunate consequence. That is where an experienced medical malpractice law firm can help you investigate and evaluate your claim.

The lawyers at Cardaro & Peek have been litigating medical malpractice cases in Maryland and Washington, D.C. for over thirty years, both as Defense and Plaintiff attorneys, and have the knowledge and experience to know which details are important and which claims to file to get the result you deserve. So if you believe that you are a loved one suffered injury due to a diagnostic error, contact the Law Offices of Cardaro & Peek today for a FREE consultation.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Shoulder Dystocia and Medical Malpractice

Fri, 16 Sep 2022 17:21:00 GMT

Shoulder dystocia is a damaging birth injury that happens when a baby’s shoulders become stuck while passing through the birth canal.

Shoulder dystocia is a damaging birth injury that happens when a baby’s shoulders become stuck while passing through the birth canal during labor. It can affect one or both shoulders. Shoulder dystocia can cause severe and permanent harm to the infant and the mother. This includes nerve damage, brain damage, and injuries to muscles, tissues, and/or tendons. In the worst cases, it can result in the death of the child. If you believe that you or a loved one has suffered injuries due to medical malpractice, you should contact an experienced medical malpractice lawyer as soon as possible.

What is Shoulder Dystocia?

During a normal vaginal birth, the baby’s neck and head will first breach the mother’s pelvis, and the rest of the body follows. Shoulder dystocia disrupts this process. In cases of shoulder dystocia, one or both of the baby’s shoulders get stuck behind the mother’s pubic bone. This can happen because the baby is too big, the birth canal is too small, or the way the baby is situated in the birth canal.

Shoulder dystocia is a serious medical emergency because it can cause the baby to suffer from brachial plexus palsy (weakness or paralysis of an arm) and/or oxygen deprivation , which can lead to brain damage or death. The infant may also sustain a broken collarbone and other injuries. It can also result in injuries to the mother, including severe bleeding, infection, tears, and nerve damage.

Factors that Lead to Shoulder Dystocia

Some of the factors that contribute to the risk of shoulder dystocia include:

Shoulder Dystocia May Be a Result of Medical Malpractice

If your child suffered shoulder dystocia, you may want to ask a medical malpractice lawyer for a consultation. Shoulder dystocia can and should be avoided properly with pre-natal and pre-labor monitoring. Even after labor has started, proper monitoring and evaluation can also be used to help eliminate or prevent shoulder dystocia.

If your child was injured due to medical malpractice, you might be entitled to compensation for their injuries, including medical bills, pain and suffering, and emotional distress.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Malpractice- Lack of Informed Consent Claims

Fri, 09 Sep 2022 15:46:00 GMT

Before providing treatment, health care providers must fully inform their patients of the risks and benefits of the procedure before the patient decides whether to continue with the treatment.

Simply put, any medical procedure/medication comes with potential risks, and every patient has the right to decide whether to accept or deny those risks.

For that reason, before providing treatment or prescribing medication, health care providers must fully inform their patients of the risks and benefits of the procedure/medication (including alternative courses of action) before the patient decides whether to continue with the treatment plan. Otherwise, that patient did not actually give their informed consent to undergo the treatment plan. When a patient does not give their informed consent, it can have severe consequences for the patient and may lead to medical malpractice .

What is “Informed Consent”?

Generally speaking, informed consent is obtained when the patient understands:

Informed consent must be obtained for each serious procedure before the health care provider can proceed. An informed consent claim alleges that a health care provider failed to give a patient all information material to the patient’s assessment about whether to undergo to a particular treatment plan. Additionally, had the patient been informed of all the material information, they would have chosen a different treatment plan. “Material information” includes the positive and negative aspects of proposed medical treatment, the risks associated with the proposed treatment, and alternative treatment options.

Just Because You Signed a Form Does Not Mean You Gave Informed Consent

Documenting informed consent is important, but actually obtaining informed consent requires much more than simply getting a patient’s signature on paper. When obtaining informed consent, in a detailed discussion, the health care provider should review all material information so the patient can make an informed decision. A patient needs to understand the procedure, and this is best done through conversation, not reading vague medical terms in the fine print.

Has this Happened to You or a Loved One?

It is critical that you contact a medical malpractice attorney if you or a loved one feel that:

If the above applies to you, reach out to The Law Office of Cardaro & Peek today for a free consultation. The lawyers of Cardaro & Peek together have more than eighty (80) years of experience handling medical malpractice and personal injury claims, and have recovered millions of dollars for our clients. By working with a trusted legal team like Cardaro & Peek, you will get top notch legal services with no upfront costs— we only get paid if you win.

Contact The Law Offices of Cardaro & Peek, LLC Today

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The Dangers of Delayed Treatment

Fri, 12 Aug 2022 20:08:00 GMT

When treatment is delayed, it can be catastrophic and may result in serious personal injuries or death

Medical Malpractice Resulting in Delayed Treatment Could be Catastrophic: Call Our Medical Malpractice Lawyers in Maryland and Washington, D.C. for Help

No matter the injury/disease/etc., a patient needs the correct diagnosis and treatment on a timely basis to maximize the chances of a successful recovery. When a diagnosis and/or treatment is delayed, it can be catastrophic and may result in serious personal injuries or death. Individuals who are subjected to a delayed diagnosis/treatment may be entitled to compensation for their personal injuries, lost wages, medical bills, and other damages. A victim’s family may also be entitled to compensation for their losses, which can help them recover the compensation that they need after the death of a loved one.

If you want to get more information about delayed diagnosis and/or treatment that has affected you or your loved one, please call our medical malpractice lawyers in Maryland and Washington, D.C. for help. The lawyers of Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC also has medical personnel on staff and access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims.

When is Delayed Diagnosis/Treatment Medical Malpractice?

A delay in diagnosis/treatment that harms the patient may be considered medical malpractice. A major consideration in determining whether a delay in treatment is medical malpractice is whether the patient was harmed due to the delay.

An incorrect or delayed diagnosis can cause your health care provider to:

Some examples of negative consequences that can result from delayed diagnosis include:

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers of Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , Google+ , and LinkedIn for more information.

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If You Worked Or Lived At Camp Lejeune And Suffered Due To The Toxic Water— Get Help NOW

Fri, 29 Jul 2022 17:01:00 GMT

Did you and/or a loved one live or work at the Camp Lejeune (North Carolina) military base from 1953-1987 and later develop a serious illness? If so, there is important information you need to be aware of. The Law Offices of Cardaro & Peek is currently accepting clients who suffered harm due to exposure to contaminated/toxic water at Camp Lejeune.

What is the history behind Camp Lejeune’s contaminated water?

Camp Lejeune (est.1942) is a U.S. Marine Corps Base located in North Carolina. Unfortunately, in 1982, the Marine Corps discovered specific volatile organic compounds (VOCs) in the drinking water from water treatment plants on the base.

More specifically, the Agency for Toxic Substances and Disease Registry has conducted studies which found the drinking water was contaminated with the toxic compounds such as Trichloroethylene (TCE), Perchloroethylene (PCE), Benzene, Vinyl chloride, and other toxic compounds. These toxic VOCs were found at rates of 240 to 3,400 times the levels deemed to be safe.

For example, the Environmental Protection Agency (EPA) regulations set the maximum contamination level for toxic TCE in water at 5µg/L or 5 ppb (parts per billion). In other words, 5 drops for every 1,000,000,000 drops of water. To visualize this, think about one drop of water in a swimming pool. The water at Camp Lejeune was found to have TCE levels at 1,400 ppb. This is 280 times the EPA regulations!

Tragically, anyone who lived or worked at Camp Lejeune from 1953-1987 was exposed to these harmful chemicals. It is estimated at over 9,000,000 individuals were exposed to the toxic water.

What illnesses did the toxic water cause? Individuals who were exposed to the toxic water at Camp Lejeune have an increased risk of:

What is being done for people who lived and worked at Camp Lejeune and developed a serious illness ? Who qualifies?

Once passed, the Camp Lejeune Justice Act will allow people who were exposed to toxic water at Camp Lejeune to seek compensation for their injuries and other damages. There will be a limited window to file these claims once the legislation is passed, so it is important to act fast if you feel you have a claim. The Act covers veterans, their families, military personnel, and/or contracted civilian workers who lived and/or worked at Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987.

I was exposed to toxic water at Camp Lejeune and developed a serious illness, what can I do?

Contact a medical malpractice attorney, like Cardaro & Peek immediately for a FREE consultation. Your attorney will be able to review your medical records, determine whether you have a valid claim, and then help you navigate your lawsuit. The legal team at Cardaro & Peek is determined to get justice for the service members and families who were wrongfully injured by the toxic water at Camp Lejeune.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one has developed serious illness due to exposure to toxic chemicals in the water at Camp Lejeune, contact the experienced medical malpractice attorneys at Cardaro & Peek, LLC. Our trial attorneys have the resources necessary to investigate and litigate all types of medical claims. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Maryland Wrongful Death vs. Survival Action

Wed, 27 Jul 2022 18:43:00 GMT

When negligent actions lead to a patient’s death, the negligent healthcare professionals may be held responsible.

According to a recent study , medical errors account for more than 250,000 deaths every year — making medical malpractice the third leading cause of death in the United States. Healthcare facilities and professionals are responsible for treating patients to the best of their abilities. When negligent actions lead to a patient’s death, the negligent healthcare professionals may be held responsible. If someone close to you has died as a result of a health care professional’s negligence, contact the Law Offices of Cardaro and Peek today to schedule a FREE consultation.

If you are not an attorney (or even if you are), you may be confused as to what type of lawsuit to file. Survival action or wrongful death (or both)? Below, we will outline the differences between a “wrongful death” action and a “survival” action.

Wrongful Death vs. Survival Action

There was a point in time where a personal action died with the person— the moment a person passed away, any cause of action that person could maintain against another could no longer be brought. This was incredibly unfair, as it left the surviving spouses/children/dependents of an individual who died due to someone else’s negligence with no recourse. Thankfully, that is no longer the case. Each state has adopted its own “wrongful death” statute which (in general) provides that “[a]n action may be maintained against a person whose wrongful act causes the death of another.” A wrongful death action is brought by the victim’s family members, also defined as “wrongful death beneficiaries.”

Wrongful death damages are framed in terms of loss/harm to the wrongful death beneficiaries (not the deceased individual). In other words, wrongful death damages are the mental anguish and pain/suffering due to the death of a loved one. This includes loss of society, companionship, comfort, protection, attention, advice, counsel, training, marital care, parental care, filial care, and economic damages like loss of future economic support.

On the other hand, a survival action is seeking damages based on the harm to the deceased individual prior to their death. It is brought by the personal representative of the decedent’s estate. The damages include pain/suffering prior to death, mental anguish due to knowledge of impending death, medical bills, and funeral/burial expenses.

Which Action to File?

Generally, both. Because they cover different damages, it is typical to file both actions in the same complaint to obtain “full” recovery. Additionally, both a wrongful death action and survival action alleging medical malpractice require proof of the same general elements, so if you are filing one, you might as well file the other.

Of course, there are situations in which it is only possible/advisable to file one of the two actions. This is why hiring the right Medical Malpractice attorney/firm to handle your case is important. For example, the lawyers at Cardaro & Peek have been litigating Medical Malpractice cases in Maryland and Washington D.C. for over thirty years, both as Defense and Plaintiff attorneys, and have the knowledge and experience to know which details are important, and which claims to file in order to get the result you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Paralysis Caused by Medical Negligence

Tue, 19 Jul 2022 16:00:00 GMT

Paralysis is one of the most life-altering medical conditions a person can endure.

Understanding Whether a Medical Error Caused Your Spinal Cord Injury: Experienced Medical Malpractice Lawyers in Maryland and Washington, DC Explain

Paralysis is one of the most extreme and life-altering medical conditions a person can endure. This difficult situation is made worse when the paralysis would not have occurred but for a medical professional’s negligence, i.e., medical malpractice . If you believe that you or a loved one has suffered spinal cord injury/paralysis due to a healthcare provider’s negligence, you may want to speak with an experienced medical malpractice lawyer to exploring how it happened, what could have been done to prevent it, and learn more about your potential compensation. Please contact our law firm to schedule a FREE consultation to start your investigation.

Diagnostic Errors

A common cause of paralysis is a medical professional’s inaccurate diagnosis or a complete failure to diagnose. Paralysis can also occur when there is a delay in diagnosing a medical condition. For example, a delayed meningitis diagnosis can result in paralysis and other severe conditions, such as hearing loss, brain damage, and death. Delayed diagnosis of spinal cord tumors can lead to paralysis due to spinal cord compression.

Surgical Error

Anytime a procedure is done near the brain or spinal column, doctors and surgeons should be aware of potential nerve damage and paralysis. A minor slip up during surgery can damage a nerve. Damaging nerves is never a good thing, but the error is compounded when it occurs in the spinal cord.

Why? Because your spinal cord has 31 pairs of nerves and nerve roots that carry nerve signals throughout your body. This means a nerve injury in your spine will affect more than just the area around the injury. There are 4 sections of the spinal cord: cervical, thoracic, lumbar, and sacral (top of the spine to bottom). Each section contains different groups of nerves that control different parts of the body. For example, the C6 vertebrae (the sixth vertebrae in the cervical spine) contain nerves that control your wrist. The L2 vertebrae control your hips. The type and severity of spinal cord injuries thus depend on the section of the spine that is injured.

When a spinal cord injury occurs, nerve function loss occurs below the injury level . Accordingly, the higher along the spinal cord the injury occurs, the greater the severity of the injury. An injury higher on the spinal cord can cause paralysis in most of the body and affect all limbs (called tetraplegia or quadriplegia). A lower injury to the spinal cord may cause paralysis affecting the legs and lower body (called paraplegia).

Even minor paralysis can severely reduce a person’s quality of life. If you have been injured by medical error, it’s in your interest to find answers and get compensation. Please feel free to contact The Law Offices of Cardaro & Peek to learn more about your options. We are here to help you.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What to Do if You Contract a Hospital-Acquired Infection

Fri, 08 Jul 2022 19:26:00 GMT

Because hospitals are filled with patients suffering from various illnesses, they can be hot spots for disease and infection.

This Article will Provide Valuable Information About “HAIs” and How Our Medical Malpractice Lawyers in Maryland and Washington, D.C. Can Help You and Your Family

Typically, someone visits a hospital because they have an illness/injury and need treatment to get better. But because hospitals are filled with patients suffering from various illnesses, they can also be hot spots for disease and infection. Unfortunately, this sometimes results in a patient who was admitted into a hospital contracting another illness. In a recent study by the Center for Disease Control (the CDC) it was estimated that, during the one-year study, around 75,000 patients with hospital-acquired infections died during their hospitalizations.

After learning about HAIs in this article, if you believe that you or a loved one suffered a HAI due to medical malpractice , call our experienced medical malpractice lawyers in Maryland and Washington, D.C. for a FREE consultation.

What is a Hospital-Acquired Infection?

Hospital-acquired infections (aka healthcare-associated infections and “HAIs”) are simply infections acquired in a hospital that were not present or incubating at the time of admission to a hospital. These infections are usually acquired within 48 hours of admission, although the timing can vary. Patients that are seriously injured or sick often have weaker immune systems, increasing the risk of developing this type of infection. Being in a hospital for an extended time also increases a patient’s risk.

Some of the most common HAIs are pneumonia, surgical site infections, gastrointestinal infections, urinary tract infections, and bloodstream infections. Some of the most common germs causing HAIs are C. difficile , Staphylococcus aureus , Klebsiella , E.coli , Enterococcus , and Pseudomonas . Klebsiella and E.coli in particular have become increasingly resistant to last-resort antibiotics known as carbapenems. Procedures such as intubating or drawing blood are situations where a patient could quickly develop an infection. Bed linens, water systems, and medical devices must be cleaned and sterilized to reduce the risk of patients acquiring an infection. Medical professionals must always wash their hands and use proper protocols when examining patients. The facilities must also be kept clean, and the tools and equipment used should always be sterile.

When Hospital-Acquired Infections are Medical Malpractice

It’s sometimes challenging to determine liability after a patient has developed a hospital-acquired infection that caused them severe injury or death. If the patient was sick with something else, the first response may be “well, they were just very sick, this was bound to happen.” But that is not always the case. Sometimes a patient’s HAI is caused by surgical errors, patient neglect, poor communication, medication errors (improper antibiotic use is common with HAIs), and other forms of negligence.

To determine liability, a medical malpractice attorney will first investigate to understand the circumstances surrounding the infection. An attorney will determine if the healthcare professionals deviated from the standard of care, contributing to the infection. They will also determine if the infection could have been prevented had the health care providers met the standard of care. Additionally, your attorney will call on expert medical witnesses to back up the claim. These experts can provide professional opinions on whether the hospital staff followed the appropriate medical standards of care. For this reason, it is crucial to obtain experienced medical malpractice attorneys , who have a vast network of medical professionals to consult with and zero in on the important details of your case. At The Law Offices of Cardaro & Peek, we know how complicated any medical malpractice case is and the specific difficulties that come with proving hospital-acquired infections. Contact us today to learn more.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Understanding the Causes of Birth Asphyxia

Fri, 01 Jul 2022 17:46:00 GMT

While birth asphyxia can happen for several reasons, unfortunately, sometimes it is a result of medical malpractice.

Birth asphyxia is a dangerous medical condition when a baby’s brain is deprived of oxygen during labor, delivery, and/or immediately after birth. Without sufficient oxygen, an infant’s brain will suffer severe damage and potentially long-term, devastating consequences. Even the babies who recover from asphyxia are still at higher risk of developmental delays and other health complications.

As explained below, while birth asphyxia can happen for several reasons, unfortunately, it is sometimes a result of medical malpractice . At the Law Offices of Cardaro & Peek , we have the knowledge, skill, and resources necessary to determine the cause of a child’s birth injury. We will pursue the justice and compensation you and your loved one deserve.

If you live in Maryland or Washington, D.C. and have suffered any type of injury, or if a loved one has been harmed due to medical malpractice, call our dedicated group of lawyers for help today to learn what we can do to help you and your family. Our compassionate and experienced attorneys and professional staff are here to help and offer FREE consultations and case evaluations.

Causes of Birth Asphyxia

The term “asphyxia” is used when a person’s body is not getting enough oxygen. For example, a common situation in which asphyxia arises is choking on a piece of food. Because oxygen that you breathe in is carried into your blood via the lungs, the lack of sufficient oxygen disrupts blood flow to the brain. Of course, when asphyxia happens to a child during the birthing process, it is not as obvious and can have severe consequences.

Oxygen deprivation can happen at any point in the birthing process. Symptoms of birth asphyxia can include abnormal fetal heart rate, strained breathing, and poor skin color.

Some common causes of birth asphyxia include:

Long-Term Complications of Birth Asphyxia

A lack of adequate oxygen flow during the birthing process can cause long-term consequences for the child. Some complications of this birth injury include:

Filing a Birth Injury Lawsuit

Many babies never fully recover after suffering birth asphyxia. They may suffer from learning disabilities, motor coordination, and other developmental delays. As a parent or other loved one, dealing with the consequences of birth asphyxia can be difficult. At Cardaro & Peek, our birth injury lawyers want to take some stress off your shoulders. We will gather evidence, discuss your case with medical experts, and hold any negligent doctors, nurses, medical professionals, and institutions accountable for the damage they caused. Depending on the severity of your child’s injuries, it may take significant money to cover the medical expenses and long-term care that the child requires. In the case of a birth injury, economic damages can include:

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C . Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and litigation of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Elements of a Medical Malpractice Case

Thu, 23 Jun 2022 17:46:00 GMT

Sometimes physicians or other healthcare providers harm patients through negligence. This is defined as medical malpractice, and unfortunately, it happens on a regular basis.

Healthcare professionals provide a great service to the citizens of Maryland and D.C. However, this does not mean that healthcare providers are perfect. Sometimes physicians or other healthcare providers harm patients through negligence. This is defined as medical malpractice, and unfortunately, it happens on a regular basis.

Read on to learn more about the elements of medical malpractice lawsuits, and if you believe that you were the victim of medical malpractice, call the experienced medical malpractice lawyers at Cardaro & Peek for help.

Duty

For any tort action, the defendant (person(s)/corporation(s)) at fault must have had a duty to the injured party. Think about a lifeguard at a water park vs. a random person at the water park. A lifeguard who sees someone drowning, because of their job/position, has a duty to help that person. A random individual at the water park does not have that duty (even though it may be the right thing to do).

In the medical malpractice context, this is referred to as a “Doctor-Patient Relationship.” In most cases, proving a doctor-patient relationship is simple. A patient establishes a relationship with a doctor or medical professional when they visit the doctor for an examination and agrees to receive treatment or care. Examples of medical professionals who can be held liable for malpractice include doctors, nurses, health care technicians, surgeons, dentists, and physician assistants.

Breach of Duty (aka Negligence)

Breach is just like it sounds. Think about the lifeguard example above. If a lifeguard sees someone drowning and does not do anything, that is likely a breach of the lifeguard’s duty. It is a breach because a reasonable lifeguard would have helped the drowning swimmer.

Similarly, medical negligence occurs when the medical professional deviates from what a reasonable medical professional would have done in a similar situation. Because medicine is very specialized, whether the medical professional “deviated from the standard of care” is a question that can only be answered by an expert from that medical professional’s field who is competent to state what the standard of care in their profession is under the circumstances presented in the case.

Negligence is often nuanced in medical malpractice cases, and thus patients should seek experienced counsel to assist them with their case. The Law Offices of Cardaro & Peek has medical personnel on staff to assist them with cases, as well as access to nationally recognized physicians and other experts.

Causation (Negligence Led to the Injury)

Proving that the healthcare provider was negligent is not all that is required to win a medical malpractice case. A plaintiff must also show that the negligence was the cause of the injury they experienced. Like a deviation from the standard of care, this must be proven by medical experts competent to testify how a certain injury was caused, and whether the said injury would have occurred absent the negligence of the medical professional. Sometimes different experts are needed to prove causation, due to the specific nature of the situation. For example, if a nurse gives the wrong medication and the patient suffers brain damage, you will need a nursing expert for the standard of care, but another expert (such as a neurologist) for causation. This is all the more reason to hire experienced counsel, who will know the right experts to prove your case.

Damages Were Suffered

Lastly, the patient must prove that he or she suffered damages as a direct result of the injuries caused by the doctor’s neglect. Damages include mental anguish, medical bills, lost wages (past and future), physical pain, and much more.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C.

Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Signs of an Undiagnosed Birth Injury

Fri, 17 Jun 2022 13:08:00 GMT

Staying vigilant is essential in ensuring your baby’s health when you believe that there may have been an undiagnosed birth injury

Has Your Loved One Suffered a Birth Injury Caused by Medical Malpractice? Call Our Experienced Medical Malpractice Lawyers in Maryland and Washington, D.C. for Help

While modern medicine has greatly improved the labor and delivery process, it always comes with certain risks. Unfortunately, in some cases, injuries occur (or are made worse) due to negligence on behalf of the medical staff. Some injuries might present obvious symptoms, but there are cases where the symptoms are not immediately apparent. However, birth injuries are very serious and can result in catastrophic injuries, including permanent disability. Victims who are injured may require lifelong medical care.

Parents and other family members must remain aware of and watch for signs of a possible birth injury. Staying vigilant is essential in ensuring your baby’s health when you believe that there may have been an undiagnosed birth injury. Below are some of the common signs of an undiagnosed birth injury. If your loved one suffered from a birth injury, or is showing the signs of a birth injury, call our experienced medical malpractice lawyers in Maryland and Washington, D.C. to schedule a free consultation and learn more about how we can help you.

Symptoms of Nerve Damage

Parents can look for certain signs of a lack of response to touch, weakness, lack of reflexes, odd posture of the arm/shoulder, or the limpness of the infant’s limbs. These signs could point to a birth injury, such as cerebral palsy or brachial plexus palsy.

Difficulty Eating

Newborns often experience fluctuations in eating patterns, but if the difficulties seem serious, this could signify an injury during birth. You should be attentive to your child’s difficulties when eating, as it could indicate cerebral palsy or a brain hemorrhage – which is caused by a birth injury .

Seizures

Seizures can also be a sign of a birth injury. In some cases, seizures could be short-lived and mild. But, if seizures are left untreated, they can result in permanent damage. Seizures generally indicate an underlying problem, such as bleeding in the brain or other trauma. Immediate and specialized care is necessary if your baby is experiencing neonatal seizures.

Without a clear picture of what may have happened, you won’t know what to do next. Reach out to The Law Offices of Cardaro & Peek for a free case evaluation. We can discuss what occurred and why your baby may have been injured, and if there are grounds for a medical malpractice case.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one were victims of medical malpractice, call our experienced medical malpractice lawyers in Maryland and Washington D.C. for a FREE consultation to learn what your rights to compensation may be. Contact us by calling 410-752-6166 and please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information. We look forward to helping you and your family today.

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Choosing the Right Lawyer for Your Severe Injury Case

Thu, 02 Jun 2022 18:59:00 GMT

If you have been severely injured as a result of someone else’s negligence, you need an experienced lawyer who can advocate on your behalf.

If you have been severely injured as a result of someone else’s negligence, you need an experienced lawyer who can advocate on your behalf. Choosing the right legal team can be complicated, and it’s important to consider the following when making the right choice for you and your family. The lawyers of Cardaro & Peek, LLC together have more than eighty (80) years of experience handling medical malpractice and personal injury claims, and have recovered millions of dollars for our clients. By working with a trusted legal team like Cardaro & Peek, you will get top notch legal services with no upfront costs— we only get paid if you win.

Areas of Practice

Attorneys who focus their practice on medical malpractice and serious personal injury cases have a specific skill set that other lawyers simply do not have. When selecting the best lawyer, take the time to understand each firm’s area of practice. At the Law Offices of Cardaro & Peek, we have the experience and resources necessary to investigate and litigate a variety of medical malpractice and serious personal injury claims.

Years of Experience

An experienced lawyer is crucial, especially when handling cases where the client has significant damages. An experienced lawyer/legal team has dealt with cases like yours before. With this knowledge, they can properly investigate the situation to build a strong case on your behalf. The lawyers of Cardaro & Peek have more than 80 years of combined experience handling medical malpractice and serious personal injury claims. We are well equipped to determine the full value of your injuries and fight for a just result.

Access to Resources

Medical malpractice lawsuits require that your lawyer have access to experts and medical personnel related to your case. Personal injury cases also require experts to prove future damages, including future lost wages and future medical care. The lawyers at Cardaro & Peek have access to nationally recognized, board-certified physicians to assist in the analysis and prosecution of all types of claims. The most experienced legal teams have the connections necessary to investigate your medical malpractice claim thoroughly and efficiently. Without access to resources and connections, you may lose money and time seeking other legal avenues.

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers of Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical malpractice claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Blood Clots- A Leading Cause of Preventable Hospital Deaths

Tue, 24 May 2022 17:11:00 GMT

Blood clots are a leading cause of preventable hospital death in the United States.

Blood clots are a leading cause of preventable hospital death in the United States. Blood clots lead to around 100,000 premature deaths every year. Shockingly, serious injuries are preventable in as many as 70% of cases. Why do so many people suffer and die due to blood clots? Unfortunately, even though the symptoms are clear and well known, medical mistakes can lead to a blood clot going undiagnosed and untreated. This often results in severe injury and death. It is critical that doctors and hospitals identify high risk patients and make the efforts to monitor and treat said patients to prevent catastrophic consequences.

Blood Clots (a/k/a VTE)- What Are They?

VTE (Venous thromboembolism) is a term referring to blood clots in veins. This broad term includes conditions called Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE), both of which are often underdiagnosed and serious (but preventable) medical conditions.

As the name suggests, DVT is when a clot forms in a deep vein, often in the lower body (e.g., lower leg or thigh). Symptoms of a DVT include swelling, pain/tenderness/cramps, and redness around the area of the clot. If caught early, treatments are generally effective. If it is not caught, the clot may break off and travel through the bloodstream to the lungs, resulting in a PE, the most serious complication associated with DVT.

Any person can develop blood clots that lead to pulmonary embolism, but certain factors can increase a patient’s risk. If members of your family have had venous blood clots or PE, you are at higher risk of developing the condition. Other common risk factors include heart disease, certain cancers, and surgery. Patients who have undergone surgery that lasted for several hours are at a higher risk of developing PE.

Injuries From Failure to Diagnose or Treat DVT

Failure to diagnose or treat a blood clot can result in serious consequences. As discussed above, a PE occurs when the blood clot reaches the lungs. Symptoms of a PE include shortness of breath, heart rate increase, and pain with deep breathing. Immediate medical treatment is required to treat a PE and dissolve the clot. Additionally, blockage of blood vessels in the heart can cause a heart attack, and blockage to blood vessels in the brain can cause an ischemic stroke, both of which can be fatal.

If you or someone close to you has been injured as a result of a medical professional’s failure to diagnose or treat a blood clot, you could be entitled to compensation. It’s important for you to reach out to a trusted medical malpractice legal team to help you with your case. Whether the medical professional failed to recognize a condition or failed to treat the condition, it’s important that healthcare professionals of all kinds are held responsible when a serious medication error occurs.

Are You Suffering From The Consequences Of Medical Errors? Contact The Law Offices of Cardaro & Peek, LLC Today

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Surgical Error Lawyers in Maryland and D.C.

Mon, 16 May 2022 17:20:00 GMT

Every single surgery contains risks, no matter how “minor” your surgery may be.

Every single surgery contains risks, no matter how “minor” your surgery may be. Many of the risks are well known and avoidable if the medical professionals treat each patient as the standard of care requires. If they fail to meet the standard of care, it could result in serious injury or death. This guide will provide an overview of what surgical errors are and how you should go about getting help if a surgical error has seriously hurt you or a loved one.

What Is A Surgical Error?

If you’ve experienced any kind of preventable or avoidable mistake made during surgery, you’ve experienced a surgical error. There is a long list of potential reasons why surgical errors may occur. According to data from 1990 to 2010 in the National Practitioner Data Bank, more than 4,000 people who undergo surgery are injured by a preventable surgical error on an annual basis. The study also found that many “never events,” which is a term in the medical community for events that are so shocking and outrageous that they should never have happened, took place in hospitals across the country. Some of these surgical errors include:

Simple mistakes due to negligence can cause severe injuries, and these simple mistakes often result in more mistakes, leading to worse results for the patient. For example, the attorneys at Cardaro & Peek have encountered situations where a negligently performed procedure leads to a fracture, which leads to a punctured artery, which is then not reported. All of these errors compound to cause serious injuries, and even death.

What Options Are There For Victims Of Medical Negligence?

While surgical errors happen regularly, hospitals and physicians are not going to voluntarily admit they are at fault for your injuries. For that reason, you may want to contact an experienced medical malpractice attorney to evaluate your case and help you get the answers that you deserve. At Cardaro & Peek , we represent people seeking a surgical malpractice lawyer in Baltimore or beyond, as well as people who need assistance in bringing another type of malpractice claim. The lawyers of Cardaro & Peek have more than eighty (80) years of experience handling medical malpractice claims and have recovered millions of dollars for our clients. Our work on your behalf will include :

By working with a trusted medical malpractice legal team like Cardaro & Peek, you can get the justice that you deserve.

Are You Suffering From The Consequences Of A Surgical Error? Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers of Cardaro & Peek, LLC together have more than eighty (80) years of experience handling medical malpractice claims and have recovered millions of dollars for our clients. By working with a trusted medical malpractice legal team like Cardaro & Peek, you can get the justice that you deserve.

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Have You Suffered Due To Medication Errors?

Mon, 09 May 2022 16:38:00 GMT

While medication errors are preventable events, they are still pervasive in all areas of healthcare

Most patients did not go to medical school, and do not have in-depth knowledge of the vast universe of prescription medications. For that reason, we put the utmost trust in the healthcare professionals who are taking care of us to prescribe the correct medication. While medication errors are preventable events, they are still pervasive in all areas of healthcare. Some medication errors are relatively harmless, but they can cause serious injury and death. For example, a recent high-profile case in Tennessee involved a patient who was supposed to receive a dose of Versed (a sedative) but was instead injected with Vecuronium (a paralytic), which left her unable to breathe, and ultimately caused her death.

If you feel that you or someone you know has been prescribed the wrong medication, you deserve justice. Here’s what you need to know about the most common medication errors, how they might occur, and what to do moving forward if you’ve been given the wrong medication.

What Are The Most Common Medication Errors?

Medication errors can happen in a variety of ways, some of which are:

There are certain medications that are incorrectly prescribed more often than others. The top ten most commonly misprescribed medications are insulin, anticoagulants, amoxicillin, aspirin, trimethoprim-sulfamethoxazole, hydrocodone/acetaminophen, ibuprofen, acetaminophen, cephalexin, and penicillin. When someone has been prescribed the wrong medication or the wrong dosage of a medication, unintentional overdoses can easily occur. These types of accidental overdoses account for up to 40% of all emergency room visits.

How Do I Know If I’ve Been Prescribed The Wrong Medication?

Medication errors can happen to anyone in any setting, including a doctor’s office, hospital, pharmacy and senior living facility. Unfortunately, children are at an especially high risk for medication errors because they typically need different drug doses than adults.

In some cases, it will be easy to tell if you’ve been prescribed the wrong medication because of an adverse/unexpected reaction, such as an allergic reaction, which requires immediate medical attention. In other cases, it may not be immediately clear what is causing you or your loved one’s injuries. Moreover, it can be difficult to know who is at fault. It is not just a doctor who might be at fault in this situation. There are many people involved with medications such as physician assistants, nurses, and pharmacists. This is why, if you feel that you or a loved one suffered harm due to a medication error, you may want to consult a local malpractice law firm as soon as you can. An experienced medical malpractice attorney will be able to investigate your case and provide the next steps in your recovery.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Delayed Cancer Diagnosis Due to Medical Malpractice

Thu, 05 May 2022 18:55:00 GMT

Misdiagnosis and delayed diagnosis of cancer are among the most common types of medical malpractice

In the United States, each year there are over 1.7 million new cases of cancer reported to the CDC. Even with the advanced treatment options for cancer, survival is often dependent on a timely and accurate diagnosis. Unfortunately, misdiagnosis and delayed diagnosis of cancer are among the most common types of medical malpractice. A recent study showed that even a four-week delay of cancer treatment is associated with increased mortality across surgical, systemic treatment, and radiotherapy indications for seven cancers.

If you or a loved one were injured due to a delayed cancer diagnosis, you may want to call our medical malpractice lawyers for a free evaluation of your delayed diagnosis case. Cardaro & Peek has had great success in fighting for victims of medical malpractice, and helping them recover just compensation for the pain and suffering, lost wages, medical bills, and other damages our clients wrongfully suffered. For example, in a case tried by Cardaro & Peek, a Baltimore jury awarded $7 million (story found here ) to a Catonsville woman who alleged her doctor missed an early indication of her breast cancer, causing it to reach an incurable stage.

What Qualifies as a Delayed Diagnosis?

Medical malpractice involving the misdiagnosis or delayed diagnosis of cancer may take on many forms, such as not ordering the appropriate tests, misinterpreting tests, relying on inconclusive tests without a second opinion, diagnosing a non-cancerous disease as cancer, ignoring patient concerns of pain, and failing to communicate with the patient. However, the end result is the same: the patient’s cancer was not diagnosed when it should have been. A delayed cancer diagnosis can have life-threatening and life-altering effects on the patient and their family.

How Do I Prove Medical Malpractice?

In a delayed cancer diagnosis lawsuit, the victim needs to be able to prove a breach of the standard of care and that the breach caused their injury and damages. There are many different elements that may apply depending on the type of case, but the general elements for proving medical malpractice involving a delayed cancer diagnosis can include:

In the Cardaro & Peek case referenced above, the patient underwent a routine gynecological exam, after which she was referred to the Defendant’s office for a bilateral mammogram.

While the prescription noted an abnormal left breast density, the order was for a mere screening mammogram. Cardaro & Peek’s medical expert testified that a screening mammogram is the appropriate action only when the patient has no signs or symptoms of cancer. Because the Defendant doctor failed to order the proper tests, unfortunately, the cancer was only detected when the patient returned for another routine exam the following fall. At that point, the cancer progressed from a treatable “2B” stage to a likely-to-recur “3B.” Subsequently, the patient underwent chemotherapy, radiation therapy and a left total mastectomy. The jury found that the delay in diagnosing the patient’s cancer was the result of malpractice, and that the patient was thus entitled to compensation for the injuries and damages caused by the doctor’s negligence.

Contact The Law Offices of Cardaro & Peek, LLC Today for Help With Your Delayed Cancer Misdiagnosis Case

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Birth Injuries Resulting in Cerebral Palsy

Fri, 29 Apr 2022 17:52:00 GMT

If you suspect medical malpractice played a role in causing your child’s cerebral palsy, you should contact a medical malpractice lawyer.

Cerebral palsy is a permanent physical and cognitive disability where the brain cannot control parts of the body. Between 85-90% of cerebral palsy cases are a result of abnormal brain development and/or brain damage to the infant either during childbirth or pregnancy. Unfortunately, these injuries to the newborn are sometimes caused by the negligence of medical professionals.

Because an infant’s brain is not fully developed, they are especially vulnerable, and an injury can cause much more severe consequences than it would in an older child. For example, a lack of oxygen flow to an infant’s brain can quickly cause permanent damage. In some cases, such injury is unavoidable. However, as described below, in many cases the birth injury could have been prevented if the health care provider simply met the standard of care during their treatment of both the mother and the baby.

If you suspect medical malpractice played a role in causing your child’s cerebral palsy, you should contact a medical malpractice lawyer to investigate your case so you can find the answers you need. These are very serious types of cases, and require skilled trial counsel who are familiar with both the law and the medicine involved.

How Can Medical Malpractice Cause Cerebral Palsy

Some unfortunately common examples of cerebral palsy being caused by negligent medical care include:

Why File a Medical Malpractice Claim?

Cerebral palsy requires costly treatments for the injured individual and their families. This kind of birth injury leads to lifelong medical treatments resulting in exorbitant medical costs. Additionally, the individual may suffer a loss of future earnings. Families can seek compensation to ease the financial burden of living with cerebral palsy and raising someone with the condition by filing a medical malpractice claim.

Besides receiving financial compensation from a lawsuit, there are other reasons to file a claim. For example, it could potentially prevent a similar accident from harming someone else, provide more insight into how the incident occurred, and it can hold the individuals responsible for the injury accountable for their actions.

Contact an Experienced Attorney

No family deserves the traumatic diagnosis of cerebral palsy, no matter the cause. However, if you believe your child’s cerebral palsy may have been caused by negligent medical care, reach out to the Law Offices of Cardaro & Peek today. Our team can review your case and help you to learn more about filing a cerebral palsy/medical malpractice lawsuit.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Hypoxic/Anoxic Brain Injuries Caused by Medical Malpractice

Fri, 22 Apr 2022 15:40:00 GMT

If you or a loved one has suffered a brain injury, you may be wondering if it was caused by medical malpractice.

A brain injury is one of the most severe and debilitating injuries a person can suffer. Such an injury will change a person’s life forever. Brain injuries are likely to affect your lifestyle, ability to earn an income, physical mobility, and mental health. The tragedy of suffering a brain injury is made worse when it was caused by an avoidable medical error. If you or a loved one has suffered a brain injury, you may be wondering if it was caused by medical malpractice. While not every brain injury is a result of negligence, below are some of the ways medical malpractice can lead to brain injuries.

Hypoxic and Anoxic Brain Injuries— Injuries Caused by Lack of Oxygen

When the brain does not receive enough oxygen (at the tissue level), but is still receiving some oxygen, it is called hypoxia. When oxygen is cut off entirely for an extended time, it is classified as anoxia. When the flow of oxygen is limited or completely cut off, it causes the gradual death and impairment of brain cells, which can lead to severe brain damage or even death.

Unfortunately, these injuries often occur during labor and delivery, where medical malpractice during a child’s birth causes the child’s brain to be deprived of oxygen. These injuries can also be due to surgical errors, medication mistakes, general anesthesia complications, failure to monitor and treat extremely low blood pressure, intubation errors, and the poor use of heart-lung machines during coronary artery bypass graft surgeries.

Obviously, both hypoxia and anoxia are hazardous to the patient. Hypoxic or anoxic brain injury often results in an impaired level of consciousness, and may vary from persistent vegetative states, seizures, myoclonus, movement disorder, cognitive dysfunction, and other neurological abnormalities. Hypoxia and anoxia during childbirth has been linked to cerebral palsy, which is a permanent disorder. The effects of oxygen deprivation on the brain can also include:

These impairments can last for months, years, or for the rest of the patient’s life. If you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect, you may be entitled to compensation. Call Cardaro & Peek, LLC today for a free case evaluation.

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and litigation of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Understanding Your Rights and Options When Suing a Nursing Home for Negligence

Mon, 18 Apr 2022 18:11:00 GMT

If your elderly loved one has been a victim of nursing home negligence, you can engage an experienced medical malpractice attorney to seek damages and compensation

We currently live in an aging society, with about 16% of the population being over age 65. As such, more and more elderly individuals are in need of healthcare and in many instances, need to reside in a nursing home. You trust the caregivers in the nursing home with the lives of your older loved ones. Unfortunately, in some instances, the nursing home negligence may cause harm to an elderly loved one . Statistically , seniors are at a higher risk of abuse and neglect when isolated from their families.

If your elderly loved one has been a victim of nursing home negligence, you can engage an experienced medical malpractice attorney to seek damages and compensation for the negligence of a nursing home, adult home, assisted living facility, nurse, doctor, or other healthcare professionals who may be at fault for your loved one’s injuries. You may be entitled to recover compensation for their negligence and the damages it caused your elderly loved one.

What Is Nursing Home Negligence?

Traditional medical negligence (in a nursing home or any other medical facility) is a failure of a healthcare provider to meet the standard of care in their treatment of a patient, which usually caused some harm to the patient. In the nursing home context, negligence can, unfortunately, also be coupled with abuse. Nursing home abuse is characterized by intimidation, physical harm, infliction of pain, punishment, and mental suffering. The nursing home resident may suffer from a lack of proper care, water, food, clothes, hygiene, or essential medical care.

So, how can you tell if a nursing home negligence and/or abuse? Since you may not be a regular visitor to the home, you may notice some signs from your loved one, such as;

If you notice such signs from a loved one, you should start asking questions about your loved one’s care. If your loved one is physically injured or emotionally distraught, talk to the nursing home administrator or manager to understand why.

Types of Nursing Home Negligence/Abuse

The main types of nursing home negligence are listed below. If you notice any red flags with a loved one and the management does not or cannot explain the cause, you may want to speak with a nursing home abuse and neglect attorney/medical malpractice lawyer about the situation.

Physical Negligence

Physical negligence is simply failing to attend to the physical needs of the resident. In some extreme cases, providers ignore and neglect residents, either unintentionally or as punishment, which can cause serious harm. An older person requires special attention and care— that’s why they are in a nursing home. Failing to provide that care can result in severe injuries or even death.

Emotional Negligence

Emotional negligence occurs when the elders are defamed, bullied, ridiculed, made fun of, taunted, teased, harassed, threatened, and otherwise subjected to verbal or emotional harm by a caregiver.

Sexual Abuse

Unfortunately, sexual abuse in a nursing home does occur in some of the most egregious and heinous ways. Victims are often afraid and/or unable to report the abuse or misconduct, resulting in prolonged harm.

Financial Abuse

Some caregivers may also engage in financial abuse, such as stealing money or credit cards from a resident, transferring assets, stealing positions, or even changing their Will. This is a very serious type of abuse and can go unnoticed until the individual dies or runs out of money.

Contact The Law Offices of Cardaro & Peek, LLC Today For Medical Negligence Case Help

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Tips For Your First Meeting With A Medical Malpractice Lawyer

Mon, 04 Apr 2022 15:21:00 GMT

If you need to speak with a medical malpractice attorney, here are a few tips on how to prepare for your first meeting with a medical malpractice attorney.

Being injured as a result of medical negligence is always a difficult situation. Unfortunately, far too many people are impacted due to preventable medical errors. When this happens, you expect the wrongdoer to admit to their mistakes and pay for your damages—including medical bills, lost wages, and your pain and suffering. However, that is rarely the case. Hospitals and healthcare providers, and their insurance companies, are not willing to compensate every person who complains of negligence. It is often a wise move to hire an experienced medical malpractice attorney to fight for the compensation you deserve.

If you need to speak with a medical malpractice attorney, here are a few tips on how to prepare for your first meeting with a medical malpractice attorney.

Create a Timeline

One of the ways to have a productive first meeting with an attorney is to have a solid understanding of what happened. One way to do this is to create a timeline of events and a story of events from your perspective. You will need to collect your thoughts and determine what happened, when it happened, and why it happened the way it did (i.e., what did the providers tell you about your treatment). In particular, think about key details like what caused me to seek medical treatment? When did you first start to realize when things were not going right? What did the healthcare providers tell you after you were injured? Coming up with the story before you go will help you explain it to the attorney and make sure you don’t leave out essential details. Your timeline does not need to be perfect, but it should give the attorneys an overview of what happened and what to look for if they take your case. Once you sign up with a firm, your attorneys and their team will do a full investigation of your case, but having a timeline when you first contact an attorney will streamline the process.

What Damages Did You Suffer?

There must be an injury caused by a healthcare professional’s negligence to have a viable case. When preparing to meet with the medical malpractice lawyer, you should be prepared to explain all injuries that you think were caused by (or aggravated by) the healthcare provider’s negligence. That means evaluating the physical and emotional injuries you have suffered, including what medications you need, what help you need, and any treatment you have had since the injury. Do not be bashful. Keep track of all injuries and conditions, including emotional harm. Also, think about economic losses you have had, such as medical bills and lost wages.

Make a List of Questions

If you have any questions or concerns about filing a lawsuit, now is the time to ask. For example, it is always better to understand how long the life of a typical medical malpractice case is before filing it. Of course, if you hire a medical malpractice firm, your attorneys will be happy to discuss your case with you at any time. But, questions like: How long will this case take? What will I have to do as a plaintiff? Will I have to go to court? Will my family have to testify? How will the money be paid to a minor?, are better asked early. That way, you can have realistic expectations and be prepared for the road ahead.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Understanding the Harm and Dangers of Medical Misdiagnosis

Fri, 01 Apr 2022 13:31:00 GMT

Many dangers of medical misdiagnosis could result in serious personal injuries, disability, and even death.

When we feel sick, we rely on doctors to diagnose our symptoms and recommend treatment to improve our health. Most of the time, healthcare providers properly treat us, restoring our health and healing any injuries, diseases, or conditions. However, when a doctor diagnoses you with the wrong illness or prescribes inappropriate medication, your health could be at serious risk. Many dangers of medical misdiagnosis could result in serious personal injuries, disability, and even death.

Below we will discuss the dangers of a medical misdiagnosis and what you can do if it happens to you or a loved one.

What is a Misdiagnosis?

A medical misdiagnosis is just what it sounds like— a diagnosis that is missed, incorrect, or delayed. Obviously, when an illness goes untreated or is treated incorrectly, it can have several negative consequences for the patient. Additionally, if you are diagnosed with a disease you do not have, you may undergo unnecessary (and costly) medical procedures. Studies have shown that around 12 million diagnostic errors are made in outpatient settings in the U.S. each year, and tens of thousands die as a result.

Some examples of commonly misdiagnosed illnesses/conditions include:

When is a Misdiagnosis is Considered Medical Malpractice?

Medical negligence requires a healthcare provider-patient relationship, breach of the standard of care, and that the breach caused damages/harm. When healthcare providers fail to diagnose serious illnesses or diagnose the wrong condition, it can cause serious harm to their patients. Some examples of situations that constitute medical malpractice include:

What Should You Do if You or a Loved One Experiences a Medical Misdiagnosis?

If you feel that you or a loved one suffered injury due to a misdiagnosis, you may want to contact an attorney to evaluate your case. Law firms like Cardaro & Peek offer free consultations to learn what your rights may be. An experienced medical malpractice attorney will help you through this tough situation and fight for the compensation you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Have You Been Injured Due to Medical Negligence? Our Medical Malpractice Lawyers Explain Your Next Steps

Mon, 21 Mar 2022 14:46:00 GMT

When a patient suffers an injury due to medical negligence, they are entitled to take legal action against the negligent medical professional.

When a patient suffers an injury due to medical negligence, they are entitled to take legal action against the hospital and medical professional who was negligent. However, this process can be complicated and cumbersome. There are several steps that a patient and/or their family must take to recover the compensation they deserve.

A few important steps in a medical malpractice case include the following:

While there is no requirement to have an attorney handle your case, an experienced medical malpractice lawyer can significantly increase your chances of success. Medical negligence is a very complex area of law, requiring additional steps that other cases do not. For example, to pursue a case against a doctor, you need a medical expert specializing in the same or similar field as the doctor. That expert must meet certain qualifications and sign a report opining that you were harmed by a breach in the standard of care. That expert (or another expert) must also opine that the breach in the standard of care caused your injury. It can be complicated for someone with no connections in the medical world to find such an expert. Additionally, these experts often cost hundreds, if not thousands of dollars just to review a case. Law firms like Cardaro & Peek offer free consultations to learn what your rights may be. We will also pay the upfront costs for your case, and only get paid if we obtain a settlement or verdict in your favor.

All hospitals have records of every patient they have treated. These medical records are critical in proving medical negligence. The medical records will have the date of admission, diagnosis, treatment, and other relevant information to support your case. At Cardaro & Peek, our team of experienced attorneys and medical professionals will review your records to determine areas of concern before sending the records out to medical experts for their review. Once the experts review the records and determine that there was a breach in the standard of care that caused damages, your case is ready to be filed.

Medical malpractice claims should be filed promptly and properly. This is because of the statute of limitations, which is a time limit on filing a lawsuit. The failure to file a complaint within the statute of limitations can result in the outright dismissal of your case before it begins. It is important to note that the expert review process can take weeks if not months. Moreover, with medical malpractice cases, you cannot just file the case at your county courthouse. A claimant must first go through the Health Claims Alternative Dispute Resolution Office, which has its own set of rules and procedures (this is another reason an attorney can be helpful).

3) Exchange Discovery

After you file your case and the defendant(s) serve an answer, the parties will begin discovery. Discovery is simply the exchange of information, much of which will be used as evidence in your case.

A major part of discovery testimony from the parties, such as depositions of the defendant healthcare provider(s), both parties’ expert witnesses, and the plaintiff(s). Keep in mind that if you do not have an attorney, you will be conducting these depositions yourself.

After discovery is complete, the parties may file various motions. Motion practice is very important, the parties may try to limit certain expert testimony or strike the expert altogether or obtain relief on certain counts/issues. Once all of that is done, you will start getting ready for trial.

Of course, the truth is that a large percentage of medical malpractice cases are resolved without a trial. Many cases go to mediation, where the parties meet with a mutually selected and neutral third party. Importantly, the mediator does not assign blame or render an opinion on the merits of the case. Instead, the mediator attempts to bring the parties together and work with both sides to reach a mutual agreement to resolve the case.

If your case does go to trial, your attorney (or you if you decide not to hire an attorney) will pick the jury, present the opening arguments, and follow with your case in chief. This involves calling your expert witnesses to obtain their testimony, as well as submitting exhibits that are designed to establish a) what the appropriate medical standard of care was (i.e., what the doctor should have done); b) that the defendant healthcare provider breached the standard of care (i.e., what the healthcare provider did or did not do in treating you); and c) that you suffered harm (damages) as a result of the breach in the standard of care. Then, the defendant(s) will present their case. This process can take days or weeks.

After both parties rest their cases, each side will present a closing argument. Much like opening arguments, closing arguments will highlight the strengths of your case, and use any testimony/evidence from the trial to further support your case. Once closing statements are finished, the judge will instruct the jury on the appropriate facts and law they are to rely upon when reaching a verdict, and send them off to deliberate. When the jury returns with a verdict, the case is over. If the jury decides in the plaintiff’s favor, they will also allocate damages. Upon entry of final judgment, you will start the process of collecting damages.

Contact The Law Offices of Cardaro & Peek, LLC Today For Medical Negligence Case Help

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Understanding Your Rights After C-Section Errors: Medical Malpractice Lawyers in Maryland and Washington, D.C.

Mon, 25 Oct 2021 19:36:00 GMT

A mistake in performing a c-section or failing to properly monitor a mother and baby could result in serious personal injuries or the tragic death of an innocent baby

A cesarean section (c-section) is a surgical procedure performed to deliver a baby whose mother cannot give birth in the usual way. If properly executed, c-sections are considered to be relatively safe. This is particularly true when c-sections are planned as a result of proper monitoring and evaluation of the mother and baby during pregnancy. However, a mistake in performing a c-section or failing to properly monitor a mother and baby could result in serious personal injuries or the tragic death of an innocent baby. Unfortunately, these mistakes happen far too often.

Here at Cardaro & Peek, LLC, our experienced medical malpractice lawyers have handled many types of c-section cases including those resulting in catastrophic personal injuries to a mother or baby. If you or a loved one suffered a serious injury or lost a child due to mistakes in performing a c-section, call today to schedule a FREE consultation.

Four Common C-Section Errors

While there are many different complications that could be caused by negligence during a cesarean section surgery, the four most common errors include the following:

Delaying a C-Section

Those who have given birth understand the importance of timing during delivery. When labor pains start, every minute counts until the baby is delivered. Most deliveries can proceed naturally, but some cannot. Ideally, this is determined before labor starts with a birth plan. However, sometimes complications arise after labor starts and a c-section is the only option. Waiting too long to perform the surgery can result in severe or permanent harm to the mother and the baby. One of the most severe harms caused by delayed surgery is oxygen deficiency, leading to permanent brain damage through an anoxic (complete lack of oxygen) or hypoxic (decreased oxygen) injury.

Infection Caused by Improper Wound Closure

Another common complication after a c-section is a surgical site infection. Indeed, infections after any procedure— especially a c-section —can occur due to a wound that is not closed correctly. Therefore, each surgical team member must be completely aware of the hazards associated with wound closure. The likelihood of infection goes down enormously if the doctors uphold the standard of care while dressing wounds, skin closure, tissue closure, scrub techniques, and undertaking a postoperative examination. Unfortunately, that does not always happen.

Forgetting A Foreign Object in The Mother’s Body

Doctors need clamps, sponges, surgical blades, towels, and many other instruments to perform c-sections. A foreign item should never be unintentionally left inside the mother’s womb during a cesarean section. If the surgery team leaves an object in your body, it may take time to realize what happened which can cause infection, abscesses, and other complications. This can cause severe pain and negatively impact your quality of life. Removing the foreign item and fixing the damage it caused may necessitate more surgery and therapy, costing thousands of dollars.

Injuring Bowels and Internal Organs

A c-section is a surgical procedure and involving cutting. While it is required to cut into the uterus for a successful c-section, surgeons may accidentally cut the surrounding organs or muscle tissue. Because the uterus is so close to other vital organs like the bladder and bowels, injuring these organs is a standard c-section error. Obviously, injuries to your internal organs have serious consequences.

Have You or a Loved One Suffered Due to Medical Negligence? Contact The Law Offices of Cardaro & Peek, LLC

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today. The experienced medical malpractice lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. We have medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced personal injuries due to medical malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Why Are Cancer Misdiagnoses So Common?

Mon, 16 Aug 2021 19:56:00 GMT

These are the signs of lymphoma (see below) but they also apply to many common, and less severe, diseases.

Being diagnosed with cancer is a difficult and life-changing event. Perhaps the only thing worse than learning you have cancer is learning that your cancer was not properly diagnosed, which resulted in a delay in treatment. Cancer is always a severe diagnosis and is often life-threatening. When a doctor or a group of medical professionals fail to accurately and quickly diagnose your cancer, it prevents you from getting proper treatment to fight the cancer and extend your life. Unfortunately, cancer misdiagnoses occur every day.

What is the Most Common Cause of a Cancer Misdiagnosis?

There are many things that can result in a misdiagnosis. However, the most common cause of a cancer misdiagnosis is a misread of a tissue sample (i.e., the pathology department). Another common cause is symptoms that are confused for other ailments, like a cold or infection. For example, symptoms like fever, weight loss, fatigue, and drenching night sweats. These are the signs of lymphoma (see below) but they also apply to many common, and less severe, diseases. This is why it is always important to get a second opinion—whether the initial diagnosis comes back positive or negative. Y ou don’t have to rely on one doctor’s opinion.

What are the Most Commonly Misdiagnosed Cancers?

The most commonly misdiagnosed cancers are lymphoma, breast cancer, colon cancer, lung cancer, and skin cancers. Notably, cancer misdiagnosis is more likely to happen in cases involving lesser-known or less common cancers .

What To Do If You’re Misdiagnosed With Cancer

If you or a loved one experiences cancer misdiagnosis, you may not know what to do. First, you should make sure that you or your loved one gets the treatment they need. Once the dust has settled, if you feel that the health care provider breached the standard of care which resulted in a cancer misdiagnosis, you may want to contact a medical malpractice attorney to evaluate your case. Depending on the facts of your case, you may be entitled to compensation. While nothing can make up for the pain you suffered or the loss of a loved one, it can help to pay medical bills, long-term expenses, burial expenses, and compensate for lost income and household services.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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Common Emergency Room Errors

Mon, 09 Aug 2021 19:18:00 GMT

A misdiagnosis can mean such life-threatening conditions are left untreated for days or weeks

A trip to the emergency room is always stressful. Patients usually arrive at the emergency room due to unexpected conditions: violent acts, car accidents, sudden onset of an illness, etc. The environment is often chaotic, with people clamoring to be treated and/or sitting in the waiting room in pain. ER’s are thus some of the most stressful work-sites in health-care. However, the hectic nature of emergency rooms does not mean that a doctor can provide substandard care to a patient. ER doctors, nurses, surgeons, and all other healthcare professionals take pride in providing high-quality care despite the chaos.

Unfortunately, not all health care professionals meet that standard. M any different factors can result in emergency room negligence . Below are some common emergency room errors. If you feel that ER providers fell below the standard of care when treating you or a loved one, you may want to contact a medical malpractice attorney to discuss your case.

Emergency Room Misdiagnosis

A common issue in the emergency room is misdiagnosis. When things are moving fast, providers may not take the necessary step back to go over all possible diagnoses/treatments. This could result in:

In turn, each of these mistakes can result in a delay in treatment or a failure to treat a condition that can be life-threatening, especially if it involves cancer , heart attack, stroke, etc. A misdiagnosis can mean such life-threatening conditions are left untreated for days or weeks. You have probably heard a story of someone who was discharged from the emergency room only to later discover they had a more serious condition. Unfortunately, this happens far too often.

Failing to Transfer Patient to Hospital

Due to the nature of the ER, an ER provider’s responsibility is to first stabilize the patient and then make decisions about their current/future care. Many ERs do not have the same capabilities as a hospital in terms of equipment and specialized doctors, etc. This means that ER providers routinely transfer patients to major hospitals and other facilities to get the proper care. Doing so helps the ER function, as it is only meant to stabilize people in emergent situations, not perform complex surgery, etc. Similarly, if you show up to a surgeon’s office bleeding from your head, they will probably tell you to go to the emergency room.

When ER providers failed to properly transfer a patient it can result in serious problems. Conditions like heart attack, stroke, or severe physical injuries require immediate surgical intervention. Failing to get patients that intervention can result in catastrophic injury or death.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of emergency room malpractice? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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A Medical Malpractice Typical Case Timeline

Fri, 02 Jul 2021 19:32:00 GMT

A medical malpractice case is the best way to receive justice for you or your family.

If you feel that you or a loved one was wrongfully harmed due to a health care provider’s negligence, you may consider getting your case evaluated by a medical malpractice attorney. Before you decide to move forward with a medical malpractice case and hire a medical malpractice attorney, you may have a few general questions, like what are the steps in a medical malpractice case? How long does the total process take? The Law Offices of Cardaro & Peek are here to help. This blog will go through the timeline of a medical malpractice case.

Investigating the Medical Records/Evaluating the Claim

In any medical malpractice case, the medical records are going to be important evidence. Due to the nature of the request, gathering all of the necessary records can take a couple of months. After all the records are collected, your lawyer will carefully inspect them in order to evaluate the claim. If your lawyer finds that the records reflect a potential malpractice claim, it’s time to look for an expert witness.

Hiring a Medical Witness

Hiring an experienced and knowledgeable medical witness is required for a medical malpractice claim. This is usually another health care professional that practices in the same field of medicine as the health care provider at fault in your case. Your attorney will contact the expert and have them review the medical records and determine if the care was appropriate. If the expert agrees that the health care provider’s actions fell below the standard of care, then all of the prerequisites to filing a claim are satisfied, and your lawyer will notify you that they are ready to make the next move.

Filing the Medical Malpractice Lawsuit

Now that your lawyer has accumulated enough evidence to formally file the lawsuit against the health care professional. This will get the formal lawsuit started and is the true “beginning” of the litigation process. Although the time varies depending on multiple factors (e.g., complexity of the case, jurisdiction, and procedural motions, etc.), it typically takes between one and three years for a case to get to trial (if it ever does, see below).

Discovery Stage

After the litigation stage begins, it is time for the discovery stage. Discovery is just what it seems, gathering evidence that will be used during the trial. Both the Plaintiff (you) and Defendant(s) will send out discovery requests and schedule depositions of the parties/experts/ other key witnesses. This process usually takes around a year or more to complete. This stage may seem like it drags on for a long time, but it is very important. It is the only opportunity to obtain evidence to support your claim, and shapes how the rest of litigation will play out.

The Final Steps: Mediation or a Trial

Once discovery is over, things start to heat up. Usually, your trial date will be set to begin a few months after discovery ends. But in many cases the parties will agree (or the court will order) a mediation to occur some point before trial. In mediation, both parties attempt to work out a solution and avoid trial. A very high number of cases end up settling, but not all. If your case does not settle, your attorney will prepare for trial, and your case will be presented to a jury.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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A Fall In the Hospital— A Common (and Preventable) Cause of Injury

Wed, 30 Jun 2021 17:39:00 GMT

A fall should never occur in a hospital, but sometimes, they can due to poor medical care.

Per the Agency for Healthcare Research and Quality, anywhere from 700,000 to 1,000,000 patients are injured every year due to a fall in a hospital setting. Although a fall may not seem like a big deal, it is never an insignificant event. A fall, especially one involving an injured or elderly patient, can lead to serious injuries such as internal bleeding, broken bones or fractures, head injuries, and death. If you feel that you or a loved one suffered a preventable fall in a hospital setting that ultimately led to severe injury, contact the law offices of Cardaro & Peek. We are here to help discover exactly what happened and bring you or your loved one justice. If the fall and injuries were a result of medical malpractice, you might have a claim against the healthcare providers who negligently failed to care for you or your loved one.

Falls Should NEVER happen

Unfortunately, many of the falls that occur in hospital settings could have been prevented. In fact, the Centers for Medicare & Medicaid Services classifies falls as “never events,” i.e., they should never happen in the field of medical treatment.

This classification makes sense. Hospitals, and the medical professionals that work there, have a duty to uphold the standard of care in all that they do. There are thousands of publications on hospital safety, and every hospital has their own safety protocols. Every one of those publications and protocols requires that hospitals/medical professionals assess patients and accurately determine their fall risk. As explained below, falls often happen because of a failure of a hospital and its employees to adhere to its own protocols.

How preventable falls occur

There are a multitude of factors that can lead to a preventable fall, but as noted above, the overarching reason is a breach in the standard of care. The Joint Commission (the nation’s oldest and largest standards-setting and accrediting body in health care) found that the following are the main causes of falls:

All of these things are easily preventable. If you believe that any of these causes, or any other preventable cause, resulted in you or your loved one suffering a preventable fall in the hospital or medical setting, you deserve to be compensated for your damages.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What Should I Bring to a Medical Malpractice Consultation?

Tue, 30 Mar 2021 18:38:00 GMT

To better prepare yourself and make everyone more comfortable, make sure to bring these documents to your medical malpractice consultation.

After you or a loved one was injured by a medical professional, you may feel overwhelmed by the situation. If you are considering filing a medical malpractice case, the idea of beginning the process could be adding stress to the already tense situation. But meeting with a medical malpractice attorney should be a positive experience. To help you feel comfortable with making that first step, here are some documents we recommend bringing to your first medical malpractice case consultation.

Medical Records

When you leave a hospital or medical facility, you receive medical documents either in person or online that detail everything administered or performed during your visit. These documents contain important notes about you as a patient from the various staff that treated you for your illness or injury. However, sometimes that doesn’t happen, and the records are not administered properly. In that case, an experienced medical malpractice lawyer can help track down the medical records for you to make sure there are no discrepancies.

Medical Bills

Make sure to always keep your medical bills and related financial paperwork on file after being treated at any medical facility. These are extremely valuable pieces of evidence that can be used later in determining how much financial loss you had as compared to an average, satisfied patient. In addition, medical bills can verify administered medication or treatment costs as a second source.

Prescription Information

Normally, doctors send prescription information directly to your pharmacy of choice for pickup. It is possible to obtain this information from the pharmacy itself. Make sure to bring a copy of the medication(s) you were prescribed, as well as the dosage. Both are essential in determining a medical malpractice case.

Health Insurance Records

Insurance coverage is important in determining if you were overcharged for something or if you were prescribed an unnecessary medication that insurance didn’t cover. Medical insurance is also helpful in verifying records.

Lost Wages/Time Off Records

If you needed to take unwanted time off from your occupation due to your medical malpractice caused injury, bring any record of the dates and reason why you took time off. This is evidence that can help support the “ pain & suffering ” claim.

Anything You Think is Helpful

If you have access to any other documents you think might help, bring them to your consultation. Even if they are not viable to be used in the case, they still may be useful in information gathering or the verifying process.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Types of Elder Abuse in Nursing Homes

Mon, 29 Mar 2021 16:11:00 GMT

Elder abuse is unfortunately all too common in some nursing homes.

A nursing home is supposed to keep the older individuals in our society safe from harm. The World Health Organization (WHO) found that, between 2017 and 2018, 1 in 6 adults aged 60 or older suffered some type of abuse in a community setting. Tragically, because elderly residents often have medical problems or cognitive disorders that result in difficulties communicating, confusion, or memory loss, elder abuse is extremely underreported. The U.S. Department of Justice (DOJ) found that a mere 1 in 20 cases of physical abuse of elders gets reported to authorities. If you feel that your loved one suffered elder abuse in their nursing home or facility, check these common risk factors of abused patients and contact Cardaro & Peek today for a free consultation.

Neglect

A common form of elder abuse is simply leaving residents unattended. Obviously, since the resident was place in the facility because they need care, leaving them unattended puts the resident in danger. This can result in malnutrition, infections, etc., going unnoticed and untreated.

Physical & Emotional Elder Abuse

Physical abuse is easier to notice, because there are usually bruises or scratched indicating some form of abuse. Physical elder abuse includes slapping, kicking, and shoving. This may cause the resident to fall and suffer further injury.

Emotional elder abuse can be trickier to spot. In some cases, residents are screamed at or threatened with losing certain privileges (e.g. family visits). In the most severe cases, the emotional abuse is intentional, often involving financial exploitation. For example, in 2018, it was found that over $750,000 had been stolen from a 98-year-old resident with dementia over the course of about 10 years. The story can be found here .

Emotional elder abuse can cause residents to suffer from anxiety, depression, and make them fearful of their caregivers. Women are more likely to suffer both physical and emotional abuse.

Sexual Elder Abuse

Unfortunately, nursing home residents may suffer from unwanted sexual activity. In addition to sexual assault, this includes any unwanted touching, unwelcome advances, and sex with those without the capacity to consent. In 2017, CNN found over 1,000 nursing home facilities across the country received citations for mismanaging sexual elder abuse cases. The story can be found here .

Contact The Law Offices of Cardaro & Peek, LLC Today For Medical Negligence and Elder Abuse Case Help

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Negligence is Negligent Prenatal Care

Wed, 24 Mar 2021 14:25:00 GMT

Prenatal care is a very important process for both mother and baby, but what crosses the line into medical negligence territory?

After a woman discovers that she is expecting, all medical care is considered prenatal care until the baby is born. Many of the usual medications and procedures are no longer considered safe when a woman is pregnant. Plus, additional standards must be met to protect the woman and her child. Despite this, around 95% of American women report problems during their pregnancy, some of which were life-threatening. Due to this statistic, it is recommended that women see medical professionals specializing in prenatal care, such as an obstetrician or OBGYN, during pregnancy to identify any problems before something goes horribly wrong. But many medical professionals neglect to see the signs before an unfortunate accident occurs. These are a few examples of what can be considered medical negligence when it comes to prenatal care.

Medical Negligence in Prenatal Care

Here are some examples of medical malpractice related to prenatal care:

What Can Happen to a Child During Prenatal Care?

If your or your loved one’s child was affected by any of these conditions before or after childbirth, it might be a direct result of medical negligent prenatal care:

All of these can lead to a baby born with birth defects, severe birth complications, stillbirth or put the mother at further risk of a life-threatening miscarriage.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical negligence? You need to talk to an experienced team of local lawyers today.

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Emergency Room Malpractice

Mon, 22 Mar 2021 15:45:00 GMT

Emergency rooms are not exempt from medical malpractice.

A hospital emergency room is often the busiest place in the building. There is chaos at all hours of the day because people are coming in with potentially life-threatening injuries. Many medical professionals working in an emergency room or trauma center are tired and overwhelmed due to overworking/understaffing or other poor business practice . Sometimes, medical malpractice occurs in an emergency room setting and may go unnoticed due to the hectic environment. Here is a general guide on how you can prove medical malpractice occurred in an emergency room.

How do I prove Emergency Room Malpractice?

In order to prove medical malpractice or negligence in the emergency room, events like those listed below must have happened to you or your loved one:

If the above situation applies to you or a loved one, it may be worth investigating a potential medical malpractice suit.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Common Medical Malpractice Cases

Mon, 15 Mar 2021 12:51:00 GMT

Medical professionals are humans that make mistakes, but they need to be held accountable for their actions.

Tragically, medical malpractice is one of the leading causes of death in the United States behind heart disease and cancer. Medical malpractice occurs when a health care professional fails to meet the standard of care while treating a patient, and the failure results in major injury, trauma, or death. There are many different scenarios that give rise to medical malpractice. Health care professionals are people, and people make mistakes. This leads to thousands of medical malpractice victims every year. Below are five common categories of medical malpractice cases. If you or a loved one went through one of these situations, you should contact a medical malpractice attorney to review your case.

Misdiagnosis

One of the most common causes of a medical malpractice lawsuit is a doctor misdiagnosing an illness, which prevents adequate treatment. A misdiagnosis is exactly what it sounds like— an incorrect diagnosis of an illness/condition. This often occurs when a doctor either ignores certain symptoms/warning signs or does not provide adequate testing to properly diagnose an illness. A misdiagnosis can lead to unnecessary treatments (extra tests, procedures, etc.), inappropriate treatment (wrong medicine, etc.), or no treatment at all. All of which can make the patient’s actual condition worse while the true illness/condition simultaneously goes undiagnosed.

Healthcare-Acquired Infections

Hospitals and doctor’s offices are places where the sick and diseased go seeking help for their illnesses. However, if the hospital doesn’t have proper protocols set up, patients with weakened immune systems can be exposed to fungus, bacteria, viruses, etc., which then causes additional health problems. HAIs are common when medical staff does not properly sanitize themselves, the equipment, or the medical center in general. Another cause is failure to administer proper antibiotics. HAIs are serious conditions and can lead to death in worst-case scenarios.

Childbirth Medical Malpractice Errors

Errors in childbirth can affect not just one but potentially two people— the newborn baby and its mother. Birth defects can happen naturally, but sometimes defects are a direct cause of medical malpractice during birth. Cerebral palsy is an example of a sometimes-preventable lifelong condition as a result of negligent care during birth. In addition, the mother can also become injured during birth, occasionally leading to death .

Medication Errors

Medication errors can either be from a doctor prescribing improper treatment or a pharmacist neglecting to fill prescriptions properly . For those who are reliant on certain medications to survive, an improper dose can be fatal. Medication errors can also cause conditions to worsen and occasionally even make the illness terminal.

Surgical Errors

Surgical medical malpractice errors are sourced from surgeons or medical staff who make a drastic mistake during surgery. This can lead to unnecessary disfigurement , body system damages such as brain damage, or even death.

Contact The Law Offices of Cardaro & Peek, LLC Today for Medical Malpractice Cases

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Strokes Often Overlooked In Individuals Under 40

Mon, 08 Mar 2021 18:50:00 GMT

Strokes are not exclusive to those over 40. They are rare, but they still occur in young people.

Unfortunately, serious strokes are becoming increasingly common among people below 40. Strokes are traditionally associated with those of older age, which can result in doctors ruling out a young person’s symptoms as a stroke. Strokes are a very serious event that can cause long-lasting brain damage , speech difficulty and extensive physical therapy. Here’s what to do if you suspect a person under 40 had a stroke and was misdiagnosed because of their age.

Risk Factors/Symptoms of a Stroke

Risk factors for a stroke include: smoking, heavy drinking, diabetes, high blood pressure and high cholesterol. Unlike the frequency of occurrence, symptoms of a stroke do not necessarily differ based on age. Here are a few symptoms of a stroke:

If you or a loved one are experiencing any of these symptoms, it is critical that your doctor rules out a stroke. If they don’t, and you are belatedly diagnosed after suffering injury, you may want to consult a medical malpractice lawyer.

Was There Medical Malpractice?

Although it is unusual for someone under 40 to have a stroke, it does happen. A doctor that does not investigate this possibility may have committed malpractice. A health care provider should obtain full medical history, including all current medications and check for risk factors for stroke as discussed above. Failing to do so prevents the patient from being treated properly for their illness and may have subject them to unnecessary medications or procedures. In worst-case scenarios, strokes can leave the young person permanently mentally or physically impaired for the rest of their lives. If you suspect that your case is along these lines, the Law Offices of Cardaro & Peek can help you investigate what happened. We have years of experience in medical malpractice cases and want to help your family receive justice against the wrongdoing perpetrated by medical staff.

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Wrongful Death in Nursing Care Centers

Mon, 08 Mar 2021 13:58:00 GMT

Losing a loved one in a nursing home prematurely is a tragic situation, especially when it occurred from wrongful death by negligence.

For the loving families of elders in nursing homes, wrongful death is an avoidable tragedy. Poorly run n ursi ng homes are susceptible to negligence, abuse, and/or poor conditions. In some circumstances, they fall below the standard of care to some of all of their residents. If you feel that your beloved family member’s death was due to a breach of the standard of care , you should contact an experienced malpractice attorney today.

How Does Nursing Home Negligence Occur?

Wrongful death within a nursing care center can happen in a number of ways. The most common instances include:

Because nursing home negligence can be difficult to prove, it is important to keep all available evidence if you suspect that your loved one was the victim of wrongful death.

How Can I Make a Claim?

In a nursing care center wrongful death case, the following qualify to file a wrongful death suit :

If a will does not appoint a representative for the estate, one will need to be named in order to proceed with a claim.

When your loved one had passed away due to a misdiagnosis of an illness, improper treatment, or medication error by a licensed physician working at a care facility, you should consider talking to an attorney that is skilled in wrongful death and malpractice cases. The attorney will first evaluate your case and discuss the path forward if they determine the case is viable. At Cardaro & Peek, we desire nothing more than to see you and your cherished one receive the justice they deserve. If you would like to learn more about filing a nursing home wrongful death lawsuit, contact us today to discuss your case.

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Medication Errors: Simple Mistakes Cause Serious Consequences

Thu, 04 Mar 2021 18:24:00 GMT

Medication errors are unfortunate problems on the pharmacists’ end that can lead to harmful results.

All healthcare providers are told some version of the five “rights” to medication administration: 1) right patient, 2) right drug, 3) right dose, 4) right time, 5) right route, 6) right reason, and 7) right documentation. This is because medication errors can be detrimental to a person’s health and sometimes lead to illness, addiction, or death . Below are some unfortunately common errors that lead to pharmacists over/under-prescribing, or simply distributing the wrong medicine. If you or a loved one experienced negative side effects or injury due to a medication error, you should contact an attorney to fully evaluate your claim.

Poor Documentation/Zeroes and Decimal Points

Despite it being the 21 st Century, healthcare professionals can still make mistakes due to poor lighting, poor phone quality, and handwritten orders. If a pharmacist isn’t careful, they might accidentally mishear something over the phone and fulfill a medicine request that was not intended by the prescribing doctor .

Additionally, handwritten orders plus decimal points often equal a mistake. Someone might write down a prescription as “25.0mg” instead of “25mg” thinking they are being precise, but because they have bad handwriting, the pharmacist reads “250mg” and the patient’s medication is unintentionally multiplied by a factor of 10 without their knowledge. Leading zeros (i.e., 0.25 vs .25) should be used though, as a sloppily written “4 x .25mg” might be interpreted as “4 x 25mg” which similarly results in overdosing your patient.

Improper Storage

Pharmacies are filled with a variety of different drugs. Many of these drugs or medications physically resemble other drugs that produce entirely different effects. Therefore pharmacists must keep an organized and clean workspace. If all pills are organized correctly in a quickly sorted manner, then the risk of accidentally prescribing the wrong medicine goes down. Similarly, pharmacists should always review the prescription label and expiration date for all medication they are handing out. Not only is it suitable for inventory purposes, but it also is a great way to check if you are about to issue a mislabeled/expired medication.

No Two Person Confirmation

Sometimes a medication error can be prevented by as simple a solution as just having more than one person confirm the order. This helps catch warnings in drug labels (e.g., “do not crush” or “take with food”) and avoid mistakes with look-alike/sound-alike medications.

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What is Included in “Pain and Suffering” in a Medical Malpractice/Personal Injury Case?

Mon, 01 Mar 2021 18:41:00 GMT

Pain and suffering can be hard to define legally, but you will know its meaning when you experience it.

When it comes to medical malpractice or personal injury cases , a candidate usually seeks two different forms of damages: economic and non-economic. As you would expect, the economic damages signify a loss of some sort of tangible financial value, such as medical bills, physical therapy or counseling costs, or lost income due to the injury. Non-economic damages are usually harder to define but usually fall under some variant of “pain and suffering” compensation. Need more explanation? See below for a discussion on “pain and suffering” in medical malpractice/personal injury cases.

What Exactly is “Pain and Suffering?”

There is no exhaustive definition for “pain and suffering” in a law book or a dictionary; classic examples include:

Your individual damages will depend on your specific situation. Medical records and testimonies from experts help to improve your case against the parties at fault. Sometimes, an independent medical evaluation is necessary to show the court the full extent of your damages.

Length of Recovery

Another important step in proving “pain and suffering” is how long one was forced to recover from their injury, if at all. For example, if you had any severe injury that resulted in permanent physical conditions, e.g., paralysis or neuropathic pain, your “pain and suffering” plea will reflect that. However, if you only experienced temporary pain that resolved quickly, the “pain and suffering” damages will mirror that as well.

Therefore, your medical records will be extremely important to proving pain and suffering. It is also wise to keep a personal recovery diary alongside the official medical records to make sure that you have your own record of the pain and suffering you were forced to endure. If you think you have a medical malpractice or personal injury claim, an experienced attorney will be able to review your records, evaluate your case, and eventually recover the damages you are entitled to.

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Death from Childbirth: An Unfortunate Reality

Mon, 22 Feb 2021 19:16:00 GMT

You are so glad that the child is safe but at the cost of his or her mother’s life. Was medical malpractice what took her away?

Death from childbirth is rare in the United States, but unfortunately, it is still a tragic reality for many families. As recently as 2015, t he estimated maternal mortality rate was 26.4 per 100,000 live births. A family gains a child, but you lose a sister, mother, wife, or daughter. Sometimes it is due to poor physical health of the mother, perhaps related to disease or other medical conditions. Some women choose to give birth naturally, and run into complications during birth that result in death. But other times, death from childbirth is a direct result of medical malpractice. Because these catastrophic mistakes happen, the offices of Cardaro & Peek are here to help you find out why they happened and what you can do about it.

What Could Have Happened?

Childbirth is a very complex process, and as any mother will tell you, it is one of extreme pain and discomfort. But when talking about childbirth, death is usually not on people’s mind. With modern technology, how do so many mothers die during childbirth? Medical errors, ineffective treatments, and lack of care coordination by clinicians and hospitals are major causes of preventable deaths. Maybe a doctor ignored previous medical records about the nature of the mother’s health or potential birth issues with the unborn child. A doctor also could have used faulty or incorrect equipment that could have caused trauma leading to death. Ultimately, a mother’s death in the hospital during childbirth often reflects a hospital’s inability to deal with rare or catastrophic complications.

How Can I Claim Wrongful Death from Childbirth?

According to a 2018 report, more than 60% of pregnancy-related deaths in the United States are preventable. If you suspect that your loved one died during childbirth as a result of medical malpractice, here are some factors to look for in your case:

If your case lines up with these requirements, you may want to consider exploring a medical malpractice lawsuit. If you speculate any possible wrongdoing by doctors, professional midwives, or nursing staff, contact Cardaro & Peek today for a free consultation.

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Medical Negligence — A Result of A Broken System?

Thu, 18 Feb 2021 20:15:00 GMT

Losing a loved one when they were supposed to be saved is always a tragedy. But was their untimely death preventable?

In 2018, a study performed by Johns Hopkins found that approximately 251,000 people per year die due to medical negligence. The two leading medical conditions in front of it were cancer and heart disease. This goes to show how unfortunately common medical malpractice -related deaths are, even in our technologically advanced society. Some other studies say the actual number may be as high as 450,000 deaths per year. This could be due to poor documentation of the negligence and/or because the victim’s family did not pursue a lawsuit. But the main question is: why are there are so many medical malpractice-related deaths?
Understanding the Numbers
First, it’s important to recognize that the vast majority of doctor/hospital visits do not involve medical
negligence. Sometimes, unfortunate things happen that are not the fault of anyone. However, it is also
important to consider that less than 10% of medical errors are reported. So, on one hand,
medical negligence is technically rare, but on the other, it is extremely underreported.
The Current System Does Not Work
The number of deaths due to malpractice referenced above represents about 9.5% of all deaths
annually in the United States. That is more than deaths caused by stroke, accidents or
Alzheimer’s.
Medical negligence is not just limited to an individual health care provider’s mistake, or a
computer system malfunctions, it can also refer to actions taken (or not taken) by the healthcare
institution itself. A leading reason for patient death by medical negligence is the medical facility
being short-staffed. This can lead to all kinds of internal issues, like not being able to provide
adequate aftercare after surgery , or perhaps a staff member being overwhelmed and confusing
two patient’s medications. Remember how less than 10% of errors are reported? Compounding
that problem is the findings of a 2017 study 1 — only 15% of the actions that hospitals took in
response to reported errors involved system changes. Failing to take action to correct the errors
of the past only contributes to future errors.
Why are the Numbers so High?
Unfortunately, it is a combination of a broken reporting system, and the failure of institutions to
take action. Mistakes happen, but because so few errors are reported combined with the
presence of systematic problems present in healthcare, it is important to talk with an
experienced malpractice attorney if you think something went wrong. They will be able to
evaluate your specific case and, at a minimum, give you some clarity regarding the alleged negligence.
Patients who feel that they are victims of medical malpractice need their voices heard. An
experienced attorney will help make sure that you are not just a statistic.

Contact The Law Offices of Cardaro & Peek, LLC Today For Medical Negligence Case Help

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

1 Anderson JG, Abrahamson K. Your Health Care May Kill You: Medical Errors. Stud Health Technol Inform. 2017;234:13-17. PMID: 28186008.

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Disfigurement After Surgery: What Should I Do?

Mon, 15 Feb 2021 18:08:00 GMT

Disfigurement not only leaves physical scars, it can also be scarring psychologically.

Because surgery involves cutting open layers of skin, it is expected that surgery will leave scarring. Everyone knows somebody with a scar from getting their appendix removed or an ACL repair, etc. Scars heal and become less obvious over time. Disfigurement, on the other hand, is an injury that time cannot change. Disfigurement can traumatize a patient’s self-esteem forever and cause a multitude of other problems. Sometimes procedures require disfigurement to save the patient’s life, such as amputation surgeries. But unfortunately, in other instances, disfigurement is a result of poor medical practices. Here’s what to do if you suspect you suffered unexpected disfigurement after surgery.

Determine Whether Disfigurement Was Reasonably Expected

As noted, some surgical procedures are going to leave scars and/or disfigurement. While all disfigurements are serious and often alters one’s life, if it was a necessary part of the procedure, there is no negligence. Common examples of disfigurements resulting from negligence are unnecessary amputations, severe scarring, chemical burns, or a severe change in external body function. Look into common outcomes for the type of surgery you underwent. If you notice uncommon symptoms or results in your case , negligence may have played a factor in the unfavorable result.

Look into Successful Case Rates

If, according to the doctor, the type of surgery you underwent was relatively safe there should be evidence to back that up. Or if it was risky, there should be evidence of that too. Look online and find medical articles or patient testimonials relating to your procedure. Make sure that the doctor was telling the truth about the success rate of the surgery. If there were many previous cases that ended in disfigurement that was not told to you prior to the procedure, then you may not have had the opportunity to give informed consent.

Find Out What Happened During Surgery

If you expected to have surgery for a small infection and woke up missing an arm, you should request medical records to see exactly what happened that caused the doctor to make that life-changing decision. If the decision seems irrational or random, or the explanation doesn’t line up, you may want an experienced team of attorneys and health care professionals to dig into the case and try to find answers.

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Cerebral Palsy from Birth: Was it Caused by Medical Malpractice?

Thu, 11 Feb 2021 14:27:00 GMT

Cerebral palsy can sadly be a result of a severe birth injury caused by medical negligence or malpractice.

Cerebral palsy is a neurological disorder that alters the development and coordination of the muscles, along with severe disruption of the nervous system. It has no known cure and thus continues to affect the lives of millions of families. Cerebral palsy is the result of a brain injury or abnormal development of the brain. It may develop during pregnancy or not have an exact cause, but in some unfortunate cases, cerebral palsy is an immediate result of medical malpractice at the time of birth . The offices of Cardaro & Peek can help to discover the truth about your loved one’s cerebral palsy diagnosis and make sure that those responsible are held accountable for the damage they caused.

How To Know if Cerebral Palsy was Caused by Medical Malpractice

Cerebral palsy can develop while a baby is still inside the womb. However, there is a possibility that it was caused during the birthing process or shortly after. Brain cell death is the most common cause of cerebral palsy during birth. This occurs when a traumatic brain injury occurs, or the baby has some other sort of oxygen restriction during his or her birth. Another common cause of cerebral palsy during birth is prolonged labor. When labor goes on for too long, it can cause a baby to stay in the birth canal for too long, causing them to lose oxygen. All of these injuries can happen during the birthing process, even when supervised by doctors and nursing staff. A cerebral palsy diagnosis may be considered medical malpractice when:

Hospitals are often the place of choice to give birth due to the medical professionals who provide help, medication, and reassurance. But medical professionals can make mistakes. Error is bound to occur every so often, sometimes with detrimental results. Contact a trained medical malpractice lawyer to help determine what exactly went wrong at the hospital to bring your little one some justice.

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The Consequences of Pneumonia Misdiagnosis

Mon, 08 Feb 2021 20:52:00 GMT

Pneumonia is a leading cause of death amongst adults.

Pneumonia misdiagnosis can have serious consequences. Pneumonia is a very serious disease; it is a leading cause of death in older adults and those with weaker respiratory systems. If you believe that your or a loved one’s pneumonia was misdiagnosed by a doctor leading to severe injury or death, contact the law offices of Cardaro & Peek. We will help to discuss your legal rights and bring the truth of medical malpractice to light.

What Causes Pneumonia Misdiagnosis

Pneumonia is usually caused by a viral infection or bacteria in the lungs. The infection causes the air sacs of the lungs to become inflamed and may fill with “purulent material” (i.e. pus/fluid). This makes it difficult to breathe and absorb oxygen into the body properly. Unfortunately, the disease mimics other respiratory problems and common fevers. Some of the other common illnesses that are confused with pneumonia include:

Another condition patients are often misdiagnosed with is chronic obstructive pulmonary disease (COPD). This misdiagnosis is common among smokers, because a physician may assume the sounds in their lungs are from smoking instead of a respiratory infection.

Because pneumonia mimics many of the same conditions as other respiratory illnesses, misdiagnosis is more likely in the winter months when respiratory illnesses are more common.

Correct Diagnosis is Key

Doctors go through years of intense training to make informed decisions about disease diagnosis. Unfortunately, even the most skilled doctors make mistakes. This is made especially worse when the doctor misdiagnoses a rare or much more severe form of pneumonia.

For example, bacterial pneumonia can be successfully treated with antibiotics. However, if misdiagnosed, doctors may prescribe inflammatories, steroids, or other medicines intended for a viral disease, which does not affect the harmful bacteria. This allows the illness to continue to worsen, which can lead to permanent injury or even death. It is important that health care providers correctly diagnose pneumonia to prevent unnecessary adverse consequences.

When Doctors Become Liable for Medical Malpractice

When a pneumonia patient becomes critically injured or dies due to misdiagnosis, the doctor may be liable for medical malpractice. To figure out if you have a case, you should talk to a law firm that has extensive experience with medical malpractice cases.

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Brain Injury from Medical Malpractice

Fri, 05 Feb 2021 16:47:00 GMT

Brain injury is one of the most severe and debilitating types of injury out there. Are they avoidable before they happen?

A severe brain injury is one of the most life-altering injuries a person can have. The injured person must adapt to a new and challenging life. Their families, and friends have to watch someone they love struggle to adapt to their new life. This is always a tragic experience. The tragedy is made even worse when the brain injury was avoidable, and only occurred as a consequence of medical malpractice. Victims and their families deserve justice for such negligence. Below are some ways that medical malpractice can lead to brain injuries.

Improper Management of Oxygen Levels During Surgery

A patient becomes completely vulnerable when they are put to sleep via anesthesia or other similar drugs. This is why health care professionals must properly monitor the patient while they are unconscious. When too little oxygen is supplied to the brain, it can lead to a condition called hypoxia. When oxygen is completely cut off for an extended period of time, it is called cerebral anoxia. Both injuries are incredibly dangerous to the patient and can lead to severe brain damage or even death. A few of the many ways these injuries can occur via medical malpractice are incorrect CPR administration, incorrect insertion of intubation tubes, and errors during surgery. One of the more common mistakes made during surgery is accidentally cutting a vein or artery close to the airway, throat, or lungs. This can lead to blood clotting in the air canal , which can lead to loss of oxygen. Unfortunately, the patient’s inadequate oxygen supply is sometimes not noticed by doctors until it is too late.

Brain Injuries from Medication

There are thousands of medications available to the public via a professional prescription. But these medications, while generally helpful to patients, often have side effects. As such, doctors must be aware of the possible side effects when prescribing or administering medication. While most patients never experience severe side effects, due to certain medical conditions or being on other medications, some do. Doctors must be well educated enough to prescribe the right medicine for their patients. But they also must uphold routine checkups on patients to ensure that they are not becoming addicted as not to harm themselves. Additionally, they must ensure they are prescribing the correct dosage of medicine from the beginning. Medications, especially those commonly prescribed after large and complicated surgeries, are often addictive. For example, hydromorphone is a drug prescribed to those who have extreme pain after surgery. It is part of the same family as other addicting drugs such as Oxycontin. However, if too much hydromorphone is taken, it can prevent patients from breathing at full capacity, leading to possible oxygen loss and brain damage. A doctor’s failure to adequately prescribe medication and monitor their patients can lead to dire consequences.

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Delayed Diagnosis of Breast Cancer Cited in Over 80% of Breast Cancer Malpractice Cases

Fri, 05 Feb 2021 16:04:00 GMT

Thousands of women every year succumb to breast cancer malpractice. Could this have been prevented by medical professionals?

When a doctor or medical professional does not take proper steps to diagnose or treat breast cancer, it can be dangerous to you or a loved one. Naturally, the injuries that follow the improper treatment can be severe as well. Breast cancer is a preeminent cause of death among American women. Sadly, some women who could have survived their breast cancer did not because of a delayed diagnosis . At Cardaro & Peek, we know that every potential victim of medical malpractice is going through a difficult time and complex situation and want to help you navigate the tough road ahead. Below, we will examine how a delayed diagnosis of breast cancer impacts the lives of the patients who receive inadequate medical treatment.

How is Breast Cancer Detected?

Doctors often detect breast cancer via mammogram, ultrasound, physical exam and/or blood work during routine screening. But even with the increased use and availability of screenings, a large percentage of breast cancers are detected by the patients themselves. Around 40% of diagnosed breast cancers are detected by women who simply felt a lump.

How Can Medical Malpractice Occur?

Should a doctor or medical professional fail to properly order follow up medical scans , blood work, or other tests, this can quickly lead to disastrous results. Despite the known prevalence of self-diagnosed breast cancer, sometimes doctors don’t listen to their patients, or rely too much on imaging tests. Mistakes like that can result in breast cancer going undiagnosed for months or years. Adding to the frustration is the fact that the woman knew something was wrong, but had her opinion disregarded. Failure to diagnose is a major impediment, as early detection is a breast cancer patient’s best hope of defeating the disease. Some studies have found that the difference between Stage I and Stage IV drops survival rates by over 80%.

What Can I Do After a Delayed Diagnosis?

A delayed diagnosis of breast cancer could most allow the cancer to spread to other parts of the body, potentially resulting in serious consequences. The trauma that arises from this can be severe. If you think you suffered injury due to a delayed diagnosis, you should find a lawyer who is well-versed in medical malpractice. The lawyer or firm should know how to succeed in a medical malpractice claim in court, so you can get the recovery you deserve.

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Q & A On Zantac’s Link To Cancer And Multi-District Litigation

Tue, 29 Sep 2020 20:38:00 GMT

The Law Offices of Cardaro & Peek is currently accepting clients who developed cancer as a side effect from taking Zantac or its generic ingredient ranitidine.

Have you or a loved one used the heartburn medication Zantac and later developed cancer? If so, there is important information you need to be aware of. The Law Offices of Cardaro & Peek is currently accepting clients who developed cancer as a side effect from taking Zantac or its generic ingredient ranitidine.

Q: What is Zantac and how is it linked to cancer?

A: Zantac is one of the most popular antacid tablets in the United States and has been available without a prescription since 1996. Zantac’s active ingredient is ranitidine. Studies indicate that ranitidine has a molecular structure that, when ingested, naturally creates a chemical known as N-nitrosodimethylamine (NDMA). Since the 1980’s, NDMA has been known to cause cancer . It has done so in nearly every laboratory animal it was tested on, and is not produced in the United States for anything other than research purposes. The U.S. Food and Drug Administration-approved acceptable amount of NDMA intake is 96 nanograms (ng) per day. Recent testing indicates that when exposed to stomach conditions, ranitidine produces an excess of 3,000,000 ng of NDMA per tablet . ¹

Due to the recent evidence that NDMA is a human carcinogen, the FDA has requested all manufacturers pull the medication immediately, and recommended current users of the medication to consult with their physicians about alternative treatment options. Zantac has been sold in the United States for over 30 years and used by millions of consumers. Thus, millions of innocent individuals have been exposed to dangerous levels of NDMA and because of the exposure, some consumers contracted cancer. The NDMA in Zantac is not present due to some unfortunate contamination, but instead is inherent to the drug’s molecular structure. The manufacturers and distributors either knew or should have known of the serious consequences of ingesting such a poisonous chemical.

Q: What is being done for people who developed cancer after taking Zantac?

A: Individuals who developed cancer after taking Zantac deserve compensation. In February 2020, a federal judicial panel consolidated more than 140 lawsuits, all filed against manufacturers and distributors of Zantac , to the Southern District of Florida where U.S. District Judge Robin Rosenberg will preside over them. This is a judicial mechanism known as multi-district litigation (MDL), which allows one federal court to handle multiple similar cases at the same time. MDLs are common in dangerous drug cases due to the large number of similarly situated plaintiffs. Once consolidated, a few of the individual cases will go to trial. These are called bellwether trials, and the result of these trials provides a guide for future negotiations. In other words, if the bellwether plaintiffs win and get a big verdict, the remaining plaintiffs will likely receive large settlement offers from the defendants. But, if the bellwether plaintiffs lose or only win a small amount, the settlements offered will be more modest, or defendants may not offer any settlement at all.

Currently there is an MDL (No. 2924) for victims of Zantac related cancer . Even though it is located in the Southern District of Florida, plaintiffs from any state can file into the MDL. Filing into the MDL could help expedite your settlement process.

Q: I took Zantac and developed cancer, what can I do?

A: Contact a medical malpractice attorney immediately. Your attorney will be able to review your medical records, determine whether you have a valid claim, and then help you navigate your lawsuit.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one has developed cancer as a side effect from taking Zantac or its generic ingredient ranitidine, contact the experienced medical malpractice attorneys at Cardaro & Peek, LLC. Our trial attorneys have the resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

¹ https://www.valisure.com/wp-content/uploads/Valisure-Ranitidine-FDA-Citizen-Petition-v4.12.pdf

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Consequences of Blood Clot Mistreatment

Mon, 17 Aug 2020 20:13:00 GMT

We’ll discuss what blood clot mistreatment is, how it impacts a patient’s life, and how a medical malpractice claim can be navigated.

Even though medical professions and doctors try their best, blood clot mistreatment is a very serious medical complication that can occur. Blood clot mistreatment is defined as a failure to diagnose and treat blood clots, typically leading to brain damage or death. When a doctor or medical professional refrains from taking blood clot mistreatment seriously, it can harm a person. The potential trauma of such an event can be detrimental to a person and their family. At Cardaro & Peek, we want all possible victims of medical malpractice circumstances to know we can help them navigate this difficult time and complex situation. In this article, we’ll discuss what blood clot mistreatment is, how it impacts a patient’s life, and how a medical malpractice claim can be navigated. Contact a medical malpractice attorney at The Law Offices of Cardaro & Peek to learn more about your options.

What Does it Mean?

Before we get into the legal options and requirements, let’s get some background on blood clot mistreatment. Blood clots in the lungs , also known as pulmonary embolisms, can cause difficulty breathing and signal a life-threatening situation. Chest pain and coughing are also common symptoms of blood clots. Further, a blood clot that prevents blood flow to the brain can result in stroke. To avoid mistreatment, doctors need to identify, diagnose, and treat the clots quickly.

How Does Blood Clot Mistreatment Result in Malpractice?

While a doctor or other medical professional performs their duties, they may do one of the following:

These errors can cause the patient to experience trouble breathing, coughing, or even death. The trauma that arises from this can be severe. Victims of blood clot mistreatment need to consider speaking to a medical malpractice attorney. To effectively prove a case of medical malpractice, the plaintiff’s team will need to do several aspects. Some of these things include proving medical errors occurred, that those errors directly resulted in injury, demonstrating medical personnel failed to meet an acceptable standard of care . Don’t go through this difficult task alone; Consult with experienced attorneys at Cardaro & Peek and our team of medical professionals to review your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Could the Birth Injury to My Baby Have Been Prevented?

Mon, 10 Aug 2020 20:10:00 GMT

When the standard of care is not upheld, it may play a role in causing a birth injury.

Pregnancy and childbirth are often some of the happiest times for a family expecting the arrival of their newest member. It’s critical during these periods that the mother and baby receive excellent care to ensure the safe arrival of a healthy newborn. While not all birth injuries constitute medical malpractice, medical professionals are responsible for upholding the standard of care while providing medical treatment to the mother and child. When the standard of care is not upheld, it may play a role in causing a birth injury. Below are common things that should be done to prevent birth injury.

Prenatal Testing and Care

Expecting mothers need to get regular prenatal checkups. From there, it is the doctor’s responsibility to administer prenatal tests and monitor the health of the mother and baby. During these stages of pregnancy, the doctor should detect and diagnose any causes for concern, like gestational diabetes, preeclampsia , or umbilical cord problems, so that they can plan for a safe course of delivery.

Recognize Fetal Distress

Fetal distress can occur during pregnancy or delivery. This is an indication that the baby is deprived of oxygen, which could cause serious birth injury or death. The doctor should recognize the signs, including:

Not Delaying a Necessary C-Section

As soon as the doctor recognizes the circumstances where a C-section delivery is necessary, they need to make a timely decision to act. A prolonged labor, umbilical cord compression, placental abruption, or fetal distress can put the baby in danger of not receiving enough oxygen. Sometimes, it may be unsafe for the mother to deliver the baby vaginally. If the doctor delays the call to send the mother into emergency C-section surgery, it could cause serious injuries or death to the baby.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Malpractice: Unnecessary Surgeries

Mon, 10 Aug 2020 20:05:00 GMT

Patients who have suffered from unnecessary surgeries wonder how something like this could have happened.

The decision to undergo surgical procedures should never be taken lightly. Successful procedures can cause improvements in a patient’s health and quality of life. However, unsuccessful and/or unnecessary surgeries can have the opposite effect and result in serious consequences. What qualifies as an “unnecessary surgery?” Any surgical intervention that is either not indicated or not in the patient’s best interest when weighed against other available options. Patients who have suffered from unnecessary surgeries wonder how something like this could have happened. Below are a few common medical mistakes that can lead to unnecessary surgeries. Please contact the medical malpractice attorneys at The Law Offices of Cardaro & Peek if you or a loved one underwent an unnecessary surgery.

Misdiagnosis

One reason why unnecessary surgeries are common is because of how frequently misdiagnosis occurs. A misdiagnosis in itself poses a danger to the patient. Not only will the patient receive treatment for the wrong (or a non-existing) health condition, but the true cause of the patient’s problem remains unknown. If surgery is recommended based upon a misdiagnosis, it is almost certainly an unnecessary surgery. Unfortunately, medical teams often don’t realize that a surgery is unnecessary until after the surgical procedure has begun.

Valuing Personal Gain over Patient Needs

While the majority of doctors are in medicine because they want to help people, some are motivated purely by financial gain. Although it is clearly unethical, these doctors will recommend their patients undergo unnecessary surgeries for the doctor’s personal gain. Sometimes, a hospital puts pressure on the doctors to push for unneeded surgical procedures if it is profitable. Other times, the doctor is involved with or receiving kickbacks from a medical company that provides supplies for the surgery (e.g. screws, meshes, devices, etc.). Again, this is clearly unethical, but that doesn’t stop some health care providers from crossing the line to make extra money.

Wrong-Site Surgeries

Some unnecessary surgeries are unfortunate cases of wrong-site surgeries . A classic example would be amputating the wrong arm . It’s obvious that when the wrong surgical procedure gets carried out, it was an unnecessary procedure that could have been avoided had the doctor not been negligent.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Common Medical Malpractice Claims

Mon, 03 Aug 2020 00:58:00 GMT

When something goes wrong during or after a medical procedure or hospital visit, it is easy to be suspicious of your treating healthcare providers. These are a few common medical malpractice claims to consider.

Unfortunately, hundreds of thousands of Americans die each year due to medical errors. Even though the doctor likely did not intend to make a mistake, that doesn’t change the fact that medical errors can have lasting effects on a patient’s (and their family’s) life. When something goes wrong during or after a medical procedure or hospital visit, it is easy to be suspicious of your treating healthcare providers. Below are a few common medical malpractice claims to consider.

Inaccurate Diagnosis

There is hardly a situation where an inaccurate diagnosis does not impact the patient’s life. An inaccurate diagnosis claim can involve an individual being diagnosed and treated for the incorrect illness or condition, or a sick/injured patient being cleared as healthy and not receiving treatment. An inaccurate diagnosis could also lead a doctor to believe a healthy individual is ill, which puts patients through unnecessary treatments and expensive hospitalizations. Either way, an inaccurate diagnosis prevents a patient from getting the correct and necessary treatment they require. Unfortunately, it is among the more common medical malpractice claims.

Delayed Diagnosis

A delayed diagnosis is similar to an incorrect diagnosis in that a patient’s initial diagnosis is incorrect, which also makes it a common medical malpractice claim. With a delayed diagnosis, t he patient eventually gets an accurate diagnosis, but in the interim, the patient’s condition worsens. Unfortunately, it’s often only after a patient’s condition begins to worsen that the initial diagnosis is questioned. The longer it takes before an accurate diagnosis occurs, the greater the possibility of the patient suffering pain and injury.

Inadequate Treatment

An accurate diagnosis is only the first step in caring for a patient. After the initial diagnosis, the health care provider must recommend, and execute, the proper course of treatment for the patient’s condition. In situations of inadequate treatment, the provider recommends the wrong course of treatment, or does not properly administer treatment (e.g. not performing the necessary tests or performing the wrong tests). Medical professionals should also react quickly to avoid any delay in a patient’s care.

Mistakes with Medication and Prescriptions

Another common type of medical malpractice claim comes from mistakes with prescribing medication. In addition to not being effective at treating the patient’s condition, administering or prescribing the wrong medication or the wrong dosage could cause the patient to experience dangerous and life-threatening side effects. Sometimes, the pharmacy does not fill the prescription correctly, other times the doctor prescribes the incorrect dose/medication. Because it can be difficult to know who to point the finger at, if you think you may have suffered due to a medication error , you should contact an experienced attorney to help with your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Paralysis Due to Medical Negligence

Mon, 03 Aug 2020 00:54:00 GMT

Experiencing permanent paralysis is a life-altering event. The only thing that could make it more traumatic is if the entire situation was avoidable.

Experiencing permanent paralysis is a life-altering event. The only thing that could make it more traumatic is if the entire situation was avoidable. Patients trust their care providers to adhere to the standard of care . Any deviation from these standards could be considered negligence and may cause injury to the patient. If a doctor’s negligent actions have paralyzed you or a loved one, reach out to the medical malpractice attorneys at The Law Offices of Cardaro & Peek for help.

Surgical Errors

Because of the nature of surgical procedures, surgical errors can result in a patient’s paralysis. The severity will depend on the surgery site and the error in question. Most often, it’s nerve damage that happened during the course of surgical procedures that cause pain, numbness, and/or paralysis. Nerves are found all over our bodies, so even a minor slip up during surgery can damage a nerve.(For similar reasons, botched cosmetic surgeries can cause nerve damage too.) If the damage is significant, it could cause a patient to become paralyzed.

Anesthesia Errors

Anesthesia medication affects a person’s responsiveness to pain. In simple terms, anesthesia interrupts nerve signals between the brain and body, and the pain is not registered. When wrongly administered, general anesthesia or local anesthesia could both cause irreversible damage. Anesthesia errors can cause nerve damage, stroke, and brain damage, causing paralysis and even death.

Diagnostic Errors

This includes both an incorrect and delayed diagnosis. Diagnostic errors are dangerous because when a patient’s condition isn’t fully understood, the proper treatment can’t be timely administered. A delayed diagnosis of a tumor on the spinal cord or brain could result in paralysis. Another example is undiagnosed and untreated meningitis, which could cause long term problems like hearing loss, brain damage, and paralysis.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What to Do When You Contract a Hospital-Acquired Infection

Mon, 27 Jul 2020 00:50:00 GMT

If you or a loved one believes you may have contracted a hospital-acquired infection, here’s what you need to know and what you should do next.

Inadequate care and hospital negligence create unsafe conditions for patients. What’s more, even when hospital staff and doctors do everything right, there is still the potential for something to go wrong with the patient’s care or recovery. One such example is contracting a hospital-acquired infection (aka healthcare-associated infection or “HAI”). There are multiple ways a patient can contract an infection. How the infection plays out will depend on the individual and the type of hospital-acquired infection. If you or a loved one believes you may have contracted a hospital-acquired infection, here’s what you need to know and what you should do next.

What is a Hospital-Acquired Infection?

HAI’s are infections that are not present or might be incubating at the time of admission to a healthcare facility. These infections are often manifest within 48 hours after admission to the hospital. HAI infections include central line-associated bloodstream infections (CLABSI), catheter-associated urinary tract infections (CAUTI), surgical site infections (SSI), Hospital-acquired Pneumonia (HAP), Ventilator-associated Pneumonia (VAP), and Clostridium difficile infections (CDI). ¹

T he risk for HAIs is also dependent on the infection control practices at the healthcare facility.

But, as with any infection, the patient’s immune status, and the prevalence of the various pathogens within the community also play a role. For these reasons, it is critical to identify patients with risk factors for HAIs.

What Do I Do if I Think I Contracted an HAI?

First step is to alert your doctor. It doesn’t always take trained medical professionals to identify the signs of hospital-acquired infection. As a patient, if you feel your health condition is not improving, or you have developed new problems, you should immediately alert your doctor. Early detection and treatment can drastically reduce the chances of suffering prolonged effects of the infection. Let the hospital staff know if you experience fever, excessive warmth or pain around a wound, discharge from a wound, headaches, nausea, and any other symptoms causing discomfort.

Recover Damages for the Hospital-Acquired Infection

If you or a loved one suffered an HAI that caused significant harm, i.e. additional medical care, hospitalization, or death, you may be able to file a medical malpractice lawsuit. The experienced medical malpractice attorneys at Cardaro & Peek can review your case to see if you are able to file a claim.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

¹ Boev C, Kiss E. Hospital-Acquired Infections: Current Trends and Prevention. Crit Care Nurs Clin North Am. 2017 Mar;29(1):51-65.

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Consequences of Misreading Lab Results and X-Rays

Mon, 27 Jul 2020 00:47:00 GMT

Because of the importance of the test results, an injury by misdiagnosis is likely to happen if lab results or X-ray images are misread/misinterpreted.

When a patient arrives at a medical facility for care, a speedy and accurate diagnosis of the patient’s condition is critical to the patient’s treatment. After all, the diagnosis will determine the course of treatment from there on out. To arrive at a diagnosis, doctors use a variety of medical tests to uncover the underlying medical issue. Because of the importance of the test results, an injury by misdiagnosis is likely to happen if lab results or X-ray images are misread/misinterpreted. If you or a loved one sustained an injury by misdiagnosis stemming from misread test results, contact The Law Offices of Cardaro & Peek for legal assistance .

Potential Injuries As a Result of Misread Results and X-Rays

Primarily, misread results and X-rays can lead to a misdiagnosis. Sustaining an injury by misdiagnosis can look very different from situation to situation, but a misdiagnosis is always a costly mistake.

In some cases, patients go about their lives unaware of health issues that will affect them down the line. In others, they go about spreading a disease to others when it should have been caught and treated. With extremely serious conditions, such as internal bleeding or a blood clot, misinterpreted results and X-rays could result in the patient’s sudden (wrongful) death.

Every Mistake has a Consequence

It’s important to realize that even if some tests may seem inconsequential, they may not be, and either way mistakes should not be happening in the first place. Further, the misread information gets compiled in health records that many other medical professionals will refer to, making it difficult to pinpoint what the mistake is and when it happened. Doctors who administer treatment plans based on false or inaccurate patient information can inadvertently harm the patient.

Simply put, there is no room for error when it comes to administering medical tests and reading test results. Things like allergy tests, blood pressure tests, biopsies, ultrasounds, cancer screenings, STD testing, etc., are all designed to paint an accurate picture of one’s health condition, so the right decisions can be made. As such, when the picture isn’t accurate, injury often occurs.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Mistakes Resulting in Nerve Damage

Mon, 20 Jul 2020 20:49:00 GMT

The nerve injury could be minor and heal over time. Others are not so lucky and must grapple with more serious consequences of lasting nerve damage.

Medical mistakes that cause nerve damage can force victims to live a life of chronic pain and/or other debilitating conditions. The nerve injury could be minor and heal over time. Others are not so lucky and must grapple with more serious consequences. If a medical professional provided negligent care, their medical mistakes could alter their patient’s life. Contact a medical malpractice attorney at The Law Offices of Cardaro & Peek to learn more about your options.

Common Medical Mistakes Causing Nerve Damage

Unfortunately, healthcare providers sometimes make mistakes during the course of care and treatment that injure the patient’s nerves. Some examples of these actions include:

Symptoms and Side Effects of Nerve Damage

Victims of medical mistakes that sustain nerve damage experience the aftermath differently. However, there are a few commonly shared side effects of nerve damage and injury. These include:

Location of Nerve Damage May not be the Location of Symptoms

This can make it difficult to connect the dots between a medical procedure in the past and your current symptoms. For example, if you are experiencing weakness or pain in your hands, you might wonder: when did I injure my hand? You might not be thinking about the procedure you had on your spine a few months ago. But conditions like “peripheral neuropathy,” a result of damage to the nerves outside of the brain and spinal cord (peripheral nerves), often causes weakness, numbness and pain, in your hands and feet. This is why it’s important to seek medical treatment immediately when you experience symptoms of nerve pain– it can be tricky to pin down. That is also why, when pursuing a medical malpractice case, it is important to consult with experienced medical malpractice attorneys, who have a qualified team of medical professionals to examine your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What to Do If You’re Injured by a Defective Product

Mon, 13 Jul 2020 20:47:00 GMT

While an injured party is entitled to recover damages caused by the defective product, mistakes are often made that hurt their chances of receiving favorable outcomes.

Consumers expect the products they use to be safely designed, manufactured, and function properly. If a manufacturer or seller fails to meet the requisite standards , it could create a defective product that harms its users. While an injured party is entitled to recover damages caused by the defective product, mistakes are often made that hurt their chances of receiving favorable outcomes. The following steps will help you avoid such mistakes if defective products injure you or a loved one.

Following Recall Instructions

When companies and manufacturers are aware of a defective product, they will (usually) issue a recall of the defective product. The recall will provide the public with information, such as “stop using the item,” and instructions to return it for a refund or repair the defect. Once these recalls are issued, the consumer is responsible for following the instructions provided by the company. If you fail to comply and continue to use the product, then it will be difficult to pin the liability onto the manufacturer for a subsequent injury.

Seek Medical Care Immediately

If you or a loved one is injured by a defective product — even if it appears non-life-threatening — you should visit your doctor for examination immediately. This way, you’ll have documented evidence that lays out the extent of your injuries and possible side effects. Plus, the doctor’s visit shows that you took timely and reasonable action to mitigate your damages.

Hold onto the Defective Product

If it’s reasonably safe to hold onto the product, you must do so. The product itself, any other items in the package, or proof of purchase could be used as evidence in your case. If you know you want to pursue legal actions to recover damages, do not make the mistake of throwing out the defective product.

Seek Out a Personal Injury Lawyer As Soon As Possible

Don’t wait to learn that a product is defective before seeking out a personal injury lawyer. As soon as you know of an injury caused by a product, the countdown on the statute of limitations surrounding product liability cases in Maryland will start to run. Get in contact with a personal injury lawyer at The Law Offices of Cardaro & Peek to help you navigate this complex area of the law.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Three Major Points to Prove a Medical Malpractice Case

Mon, 06 Jul 2020 02:18:00 GMT

You may wonder, what will my attorneys need to do to win my medical malpractice case?

When you suspect you have a medical malpractice claim, one of the necessary steps to take is finding a medical malpractice attorney to work with. It will be your attorney’s job to tell you whether you have a legitimate medical malpractice case, and if so, they can get to work building your case. An experienced attorney will know how to work through the complexities of your malpractice case. But since most people are not experienced attorneys, you may wonder, what will my attorneys need to do to win my case? Although every case is different, below is a simplified breakdown of what your lawyer will have to prove to win a medical malpractice case.

Deviation From The Standard of Care

Nearly every case will start with establishing the standard of care that the medical professional or hospital owes to their patients, namely you. The actions that other reasonably experienced or competent professionals would have taken in similar circumstances can outline what should have happened during the course of patient care. Proving that the professional or institution did not meet the standard of care is a critical component for any medical malpractice claim.

Negligence Caused Injury

Causation is perhaps the most important factor in your medical malpractice case. Your attorney will need to find proof that the healthcare professional acted with negligence, and that their negligence was the cause of your injury. Deviating from the standard of care by itself it is not enough to win a malpractice case, there must be a causal link to your injury.

The Injury Resulted in Significant Damages

Lastly, a major piece of your medical malpractice case is laying out the full extent of all injuries and the damages that you suffered as a result of said injuries. After all, the damages are likely the reason why you are looking to receive compensation, so you can be made whole. These significant damages include lost wages, past and future medical bills, ongoing expensive care, pain and suffering, and more. Your malpractice attorney wants to help you recover compensation for all of your losses, and to do that it’s essential that they present in their case an accurate summation of your damages.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Injured in a Drunk Driving Car Accident? Watch out for Tricky Defense Tactics

Mon, 06 Jul 2020 02:08:00 GMT

Drunk driving car accidents are avoidable tragedies, but they still happen every day in Maryland.

Drunk driving car accidents are an avoidable tragedy, but they still happen every day in Maryland. In drunk driving car accidents, the impaired driver is almost always the one at fault, since the intoxicated driver violated the law and operated their vehicle negligently . In Maryland, the drunk driver will be tried in a criminal court case solely related to the traffic/criminal violations (aka DUI, speeding, etc.), while the victim’s personal injury case is heard in civil court. It seems obvious that the drunk driver should be held liable for their actions in both the criminal and civil courts. Unfortunately, these cases aren’t always so straightforward. For that reason, those injured in drunk driving car accidents should retain a personal injury lawyer right away.

The Drunk Driver Should Be Held Liable

No matter the circumstances that caused a drunk driver to get behind the wheel, it doesn’t change the fact that the drunk driver committed a criminal and negligent act which led to an accident that injured you . You likely sustained damages as a result. If a drunk driver hits you, the steps you take after the accident are important. First, assess yourself and passengers for injuries that need immediate medical attention. You can then notify the police about your suspicions of the driver being impaired, and they’ll handle it from there.

If possible, document the extent of damages sustained and even jot down any witnesses to the incident. These items can strengthen your case down the road. Conversely, the less information you have, the harder it is to prove things like damages.

The Defendant Turns the Case on You

The drunk driver, or defendant, will be facing the consequences of their actions in both a criminal and civil court case. Undoubtedly, the drunk driver will contest both the criminal and civil case, and will have their lawyers fighting to avoid the consequences of their actions. The drunk driver is likely fighting to stay out of jail and avoid a potentially large civil penalty for your damages.

That being the case, their attorney will absolutely take a deep dive into your life to see if you might have done anything that they can claim is also negligent, and thus puts blame on you. Because you can guarantee that the drunk driver will have representation, it’s imperative that you hire a personal injury attorney right away to represent your legal interests. A good attorney will help you receive compensation for your injuries, and make sure a savvy defense attorney doesn’t turn the case on you.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced a personal injury? If so, you may be entitled to compensation. Call The Law Offices of Cardaro & Peek, LLC today.

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Commonly Asked Questions At The First Meeting with A Medical Malpractice Attorney

Mon, 29 Jun 2020 02:04:00 GMT

When you meet with a medical malpractice attorney, your main concern is likely: can you help me? Here are some other questions you might ask.

When you suspect that you have a medical malpractice claim , one of the steps you should take is setting up a meeting with a medical malpractice attorney. You might think that your initial meeting will be nerve-racking and overwhelming, but there is no need to worry. Your medical malpractice attorney will only try to be as friendly, patient, and helpful as possible. You’re likely going to have a lot of questions, either because you are unsure of what to expect or want to know if the medical malpractice attorney you’re meeting with will be the right one to represent you (or both). Here, we give some insight as to what answers you can expect from these commonly asked questions.

Can You Help Me?

When you meet with an attorney, your main concern is likely: can you help me? After explaining the details of your situation, you’re going to want to know if the medical malpractice attorney can help you. A good attorney will tell you two things. One of those things will be if they believe you have a legitimate malpractice case based on what you’ve revealed so far (or, that they need more information). The second thing they will tell you is whether they have the right expertise to represent your specific case (i.e., to get you favorable results).

Even though an attorney is experienced, it is impossible to be well versed in every area of law. An experienced attorney who specializes in pursuing cases pertaining to dental malpractice may not be best equipped for birth injury claims, etc. Fortunately, the attorneys at The Law Offices of Cardaro & Peek have extensive experience helping medical malpractice victims from several practice areas.

How Does Your Firm Handle Cases?

Different firms handle cases in different ways. Their methods work for their firm’s staff and lawyers, but it is important to make sure that their methods work for you as well. You’re the client, whomever you choose to hire as a medical malpractice attorney is working for you. You should gather a sense of how their operations go before you decide if they are the right fit. Inquire how many people at the firm will work on your case, and who your regular point of contact will be (e.g. partner, associate, paralegal, etc.).

How Much Will Your Services Cost Me?

The cost question can make clients uneasy, especially if they feel like they won’t be able to afford the legal fees. The good news is, most medical malpractice attorneys provide their services on a contingency fee basis. This means that our fees are a percentage of what we can help you recover from verdicts and settlements, and are thus contingent on a verdict or settlement. In other words, we only get paid if you do.

What Should I Do When Approached By …?

Multiple parties can be involved in a medical malpractice case. You need to be prepared if any of these parties should try to approach you. Some examples include the liable party, their legal representatives, and insurance companies. If the medical malpractice attorney has agreed to take on your case , they are likely to instruct you to redirect all communication about matters relating to your claim back to them.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Birth Injury: The Dangers of A Delayed C-Section

Mon, 29 Jun 2020 01:54:00 GMT

A delayed C-section can be catastrophic. It’s up to the trained medical professionals to monitor the situation closely and make the decision to act quickly.

With modern medicine, a cesarean section delivery is a safe alternative to vaginal delivery. It may be recommended by the doctor if they know the mother is suffering from preeclampsia , then the C-section is used as a means to treat the condition and prevent birth injury. A more common scenario is when doctors order an emergency C-section because they noticed red flags leading up to labor and delivery. It’s up to the trained medical professionals to monitor the situation closely and make the decision to act quickly. Failure to timely order a C-section can potentially cause injury to both the mother and child.

Emergency or Unexpected Need for C-Sections

When unexpected and emergency complications arise, doctors are expected to make the timely decision to carry out a C-section. In these situations, it is safer for both the baby and the mother, but only if the timing is right. Situations that call for an emergency C-section can:

Possible Birth Injuries as a Consequence of Delayed C-Section

The consequences of a delayed C-section can be catastrophic. A delayed C-section could cause the baby not to receive oxygen to their brain during the delay. A lack of oxygen to the brain can cause permanent brain injury to the child and lead to developmental disabilities later on in life. In the absolute worst cases, both the baby and mother could die from delaying the procedure.

What Are Your Next Steps?

If you believe your child experienced an avoidable birth injury due to a delayed C-section, you should not hesitate to meet with an experienced medical malpractice attorney to review your case. The time following a birth injury is devastating for a family, and it is painful to review and relive the traumatic event. But, you will not go through the process alone. A compassionate attorney and their team of medical experts can fight with you and help you get the answers and compensation you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Delaying and/or Failing to Diagnose Lung Cancer

Mon, 22 Jun 2020 03:44:00 GMT

The delay or failure to diagnose lung cancer — or any cancer, for that matter — can create serious consequences for the patient.

The delay or failure to diagnose lung cancer — or any cancer, for that matter — can create serious consequences for the patient. If caught in the early stages, lung cancer is quite curable. However, left undiagnosed, advanced stages of lung cancer require more invasive treatment, reduce the quality of life, and even lead to death. Lung cancer is prevalent enough that it isn’t considered a lesser-known cancer , yet the delay and failure to diagnose lung cancer occurs far too often. If a lung cancer misdiagnosis has harmed you or a loved one , seek the assistance of The Law Offices of Cardaro & Peek to file a failure to diagnose lung cancer lawsuits against those responsible.

Signs and Symptoms of Lung Cancer

Patients often describe the following symptoms if they have lung cancer:

Doctors should also note any risk factors that point to a higher likelihood of having or developing lung cancer, including:

Understandably, some patients don’t seek medical attention over concerns of lung cancer until symptoms present themselves. However, by the time symptoms do manifest in the patient, it can be a sign that cancer has significantly progressed. Routine check-ups with your physician are essential, so they can (in theory) catch the early signs of lung cancer and run the proper diagnostic tests to begin a treatment regimen.

Negligence That Delays or Causes Failure to Diagnose

Competent and skilled medical professionals should be able to recognize the need for further testing to determine if a patient has lung cancer. Yet, this doesn’t always happen. Mistakes and negligence that led to the misdiagnosis of lung cancer can occur during any part of a patient’s care.

A doctor could have failed to order follow up tests (or any tests at all) that identify lung cancer. Medical imaging is often used in the course of a lung cancer diagnosis. A radiologist or doctor can fail to recognize signs of lung cancer in x-rays or other scans, or the doctor may be working from an inaccurate report of the x-ray findings. Medical malpractice attorneys can help determine what, if anything, went wrong in the course of care that led to a delay or failure to diagnose lung cancer.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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So You’ve Been Rear-Ended in a Car Accident, What’s Next?

Mon, 22 Jun 2020 03:42:00 GMT

Getting rear-ended is a common car accident, but that doesn’t make it any less frightening or confusing.

Getting rear-ended is a common car accident, but that doesn’t make it any less frightening or confusing. A driver may have been tailgating, speeding, or driving in a reckless manner. The resulting rear-end collision could have been avoided if the at-fault driver had not been driving negligently . Regardless, you find yourself on the receiving end of a rear-end collision. What are the steps you should take following this car accident scenario?

Check for Driver and Passenger Injuries

Immediately after the rear-end accident, check all drivers and passengers involved for any apparent injuries that require immediate medical attention. It’s common for those involved in an accident to experience a surge of adrenaline that may make it difficult to identify injuries or discomfort right after the car accident. Even if you think you aren’t hurt, you should have your doctor check for an injury so it can be treated as soon as possible.

Notify the Police and Report the Incident

Even if the damages appear minor, it’s imperative that you notify the police and file a rear-end collision report. The police report validates the insurance claim. This will get the process started for both insurance companies and allow the authorities to investigate who was at-fault for the accident.

Document What You Can

Keeping detailed notes of the accident will go a long way if you need to file a personal injury claim against the driver who rear-ended you. Take photos of the car accident scene with your cell phone, and be sure to write down the contact information, car make/model, and insurance information of the driver who hit you. Additionally, it’s smart to keep a record of your injuries and subsequent doctor visits as it relates to any bodily injuries and mental distress caused by the rear-end collision.

Be Careful to Not Admit Fault

Of course, you don’t want to admit fault to a situation that you are sure you did not cause. However, some actions can get misconstrued as admitting guilt. Thus, even though it is a stressful and unexpected event, you must be mindful of your words and actions.

Call Your Personal Injury Lawyer

Lastly, if you disagree with the insurance companies’ decision regarding who was at-fault for the accident, you should call your personal injury lawyer right away. An experienced Baltimore car accident lawyer can help you file a claim and collect full and fair compensation for your involvement in the rear-end collision.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced a personal injury? If so, you may be entitled to compensation. Call The Law Offices of Cardaro & Peek, LLC today.

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3 Commonly Misdiagnosed Medical Conditions

Mon, 15 Jun 2020 03:40:00 GMT

Any medical malpractice lawyer will have seen a fair share of misdiagnosis lawsuits. Some medical conditions can be misdiagnosed more often than others.

Any medical malpractice lawyer will have seen a fair share of misdiagnosis lawsuits. Unfortunately, misdiagnosed medical conditions are a common occurrence in hospitals all over Maryland. It’s a serious matter because not only does the current health issue not get properly diagnosed and treated, but a misdiagnosis can lead to unnecessary and expensive treatment. Some medical conditions can be misdiagnosed more often than others. Even competent and skillful doctors could potentially mistake symptoms of one condition for another. If you or a loved one were injured because a physician misdiagnosed a medical condition, have the attorneys from The Law Offices of Cardaro & Peek review your claim.

Stroke

A timely and accurate diagnosis is crucial to preventing long-term, debilitating side effects of a stroke. This is considered one of the most misdiagnosed medical conditions because of atypical stroke symptom presentation. Doctors can easily confuse other health conditions if they aren’t actively trying to identify a stroke. It’s further complicated by the fact that anyone can have a stroke at any age. Younger individuals are often misdiagnosed with migraine, vertigo, or an episode of hyperglycemia.

Lyme Disease

Despite being the most common vector-borne illness (disease from infection transmitted by mosquitoes, ticks, and fleas to humans) in the United States, Lyme disease is another commonly misdiagnosed medical condition. Predominant symptoms of this disease include muscle and joint pain, stiffness, fatigue, and fever. Many doctors try to identify the characteristic bullseye rash, but not all patients with Lyme disease will always present it. Thus, doctors may not believe that a patient presenting with other symptoms will have reason to be tested for Lyme disease antibodies to make an accurate diagnosis.

Blood Clot

A blood clot in the lung, also known as a pulmonary embolism, can often be mistaken for a heart attack, pneumonia, or even stroke. The patient can experience chest pain, fainting, shortness of breath, and feelings of anxiety. Pulmonary embolism is a life-threatening condition. Because a pulmonary embolism is primarily caused by deep-vein thrombosis, Doctors may look for DVT before considering the possibility of a pulmonary embolism. If the DVT clot has already dislodged completely, there might not be signs of a blood clot to help guide diagnosis.

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Hospital Negligence: Administrative Errors That Harm Patients

Mon, 15 Jun 2020 03:37:00 GMT

If a patient is harmed, it seems pretty straightforward to put the blame on the individual physician. However, further review of the situation could reveal hospital negligence.

If a patient was harmed as a result of a doctor’s mistake or shortcomings, it seems pretty straightforward to put the blame on the individual physician. However, further review of the situation could reveal hospital negligence. After all, a doctor made a mistake, but the hospital is the party that hired and permitted the doctor to care for the patient at their facility. This is just one of the many examples of administrative errors that could cause patients to get injured. Contact the medical malpractice attorneys at The Law Offices of Cardaro & Peek to see if your potential claim is a matter of hospital negligence.

What Are Administrative Errors?

All the administrative policies and procedures in place create the hospital’s environment. These policies cover a wide variety of aspects, ranging from which healthcare professionals are hired to how the facility is maintained. Having the right measures in place should be conducive to providing patients with the standard of care . Failing to have the right measures in place is an administrative error that could constitute medical malpractice.

Examples of Hospital Negligence

The common examples of this type of hospital negligence falls into two categories: retaining unqualified employees to treat patients and putting in place inadequate policies and protocols.

Hospital Staff and Employees

The hospital is responsible for hiring, training, and supervising qualified healthcare workers for their staff. Administrative errors could include:

Hospital Policies

Other times, the current hospital policies in place are substandard and inadequate. These policies affect how patient receive care while staying at the hospital, including:

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What Are Some Common Vehicular Accident Injuries to Look Out For?

Mon, 08 Jun 2020 21:32:00 GMT

While every accident is the result of unique circumstances, there are a few common vehicular accident injuries that occur.

Have you heard the phrase “accidents don’t discriminate?” The unfortunate situation of a car accident can happen to anyone and be caused by any number of things, from driving on pothole-riddled roads to being struck by another vehicle. While every accident is the result of unique circumstances, there are a few common vehicular accident injuries that occur. If you find yourself or a loved one suffering from any injuries due to a motor vehicle accident, seek medical attention immediately, then get in contact with The Law Offices of Cardaro & Peek. The negligent driver should be held accountable, and you should receive full and fair compensation.

Whiplash

Whiplash is a type of soft tissue injury to one’s upper back and/or neck. It’s common for the sudden jolt from a car collision to stretch and injure muscles, ligaments, and tendons in the head, neck, and back. Symptoms of whiplash, typically soreness and pain in the muscles accompanied by other physical discomforts, can show up within 24 hours or even after a few days. This pain may go away on its own, but there are also occasions where whiplash can persist for several weeks and months.

Head Injuries

Motor vehicle accidents are commonly associated with head injuries. The head (and brain inside) can be seriously injured due to impact force. This leaves individuals with traumatic brain injury, such as a concussion. The short-term symptoms can include headache, unconsciousness, nausea, and light sensitivity. However, traumatic brain injuries are also known to leave some with long term effects, such as impaired thinking, reduced sensation, and limited bodily movement.

Scrapes and Cuts

If your only sign of vehicle accident injuries is some scrapes, bruises, and cuts, you should still get a thorough physician’s examination right away. These can seem like just superficial injuries, but you want to ensure these injuries are properly treated to avoid infection and/or discover any other hidden, more serious injuries.

Chest Injuries

Chest and torso injuries are also prevalent car accident injuries. There can be bruises and cuts, or more severe injuries like broken ribs, punctured organs, and internal bleeding. In a collision, the driver can get thrown against their steering wheel or sustain an injury during airbag deployment. Even the seat belt (which should be worn at all times) can create strain and injure one’s chest or shoulders during an accident.

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Have you experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What Are Some Types of Anesthesia Errors?

Mon, 08 Jun 2020 21:26:00 GMT

Despite its profound effect on practical medicine, anesthesia, like other medical procedures, is not without risks and errors.

Undergoing anesthesia is common when undergoing surgery and represents one of the great medical achievements of our age. Despite its profound effect on practical medicine, anesthesia, like other medical procedures, is not without risks. Today we’ll examine a few errors that can occur regarding the use of anesthesia.

Dosage Errors

In order to undergo anesthesia, a patient must be given a dosage based on multiple factors. Much like other medication errors , failure to properly dose anesthesia can result in severe complications for a patient, such as waking up during surgery. Some possible causes for anesthesia dosage errors include:

Medical staff are encouraged and expected to speak up if they feel any of the above scenarios are possible during an operation.

Documentation Errors

One of the more common errors is a documentation error. Documentation errors include unclear description of post-operative pain management or completing end of surgery documentation before the surgery has fully concluded.

Failing to document the surgeon’s prescribed post-operative pain management properly can result in a patient’s pain being mistreated or a failure to diagnose a follow-up condition. As a result, these open up the possibility of malpractice .

Operation of IV Mechanisms

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Chiropractors, Injuries, and Medical Malpractice

Mon, 01 Jun 2020 19:20:00 GMT

When an injury occurs due to a chiropractor’s actions, there are a few different options you have as a patient during your medical malpractice case.

A chiropractor is a healthcare professional with a specialty focusing on neuromuscular disorders with an emphasis on the spine. The main goal for chiropractors is to reduce pain and improve the functionality of their patients’ bodies. However, like all fields and practices of medicine, errors and mistakes can be made, and when they do, meeting with a medical malpractice lawyer can help you figure out what to do next.

Potential Errors and Injuries

Chiropractic induced strokes are among the most common injuries suffered by patients. Strokes ca n occur when an artery to the brain ruptures or becomes blocked due to improper manipulation of a patient’s neck. The patient may be unaware that a stroke was caused by their chiropractor, because the stroke may not occur until long after the chiropractic visit. O ther common injuries include pinched arteries, spinal injuries, headaches, numbness, and partial paralysis. When a chiropractor manipulates the spine, severe injuries can occur; such as disc herniation, muscle weakness, and bowel paralysis. Many of these injuries are debilitating to patients and are subject to lawsuits if the chiropractor did not meet the standard of care .

Liability and Lawsuits

When an injury occurs, there are a few different options you have as a patient during your medical malpractice case. The plaintiff is required to show the defendant chiropractor did not meet and perform the standards a reasonably competent chiropractor would. The plaintiff must first depict what these standards look like and why the defendant did not meet them. This includes having an expert witness qualified to give an opinion, often an outside, unaffiliated chiropractor. Sadly, due to the nature of chiropractic malpractice claims, this may be difficult to do. There is a much greater variance in the quality and skill of chiropractors compared to medical doctors. Of course, this does not mean that you have no chance of succeeding. A good legal team can find a way to make your case, as long as the science backs it up.

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Discovering a Car Accident Injury Post-Accident

Mon, 01 Jun 2020 19:16:00 GMT

Here are some things you need to know about discovering your delayed onset car accident injury.

If you sustain a car accident injury due to another driver’s negligent actions , you may be able to recover damages through insurance or legal action. In some cases, you may be the victim of a car accident but come out of the situation with no signs of personal injury . While it’s fortunate that you came out of the incident seemingly unscathed, over time, you may start to experience some pain or develop some health issues following the accident. You suspect the car accident caused your current health issues, and you want to pursue fair and just compensation. Here are some things you need to know about discovering your delayed onset car accident injury. Be sure to contact The Law Offices of Cardaro & Peek to speak with a personal injury lawyer with experience representing all types of car accident cases .

Your Car Accident Injury May Not Show Right Away

No two drivers or vehicle accidents are the same. You may not realize or show signs of physical or mental distress at the time of a car accident. Further, some injuries are only present themselves after some time has passed or through a physician’s examination. Brain injuries, spinal cord injuries, and nerve injuries are just a few examples of injuries that may not be obvious at the time of the accident.

Statute of Limitations in Maryland

In Maryland, there is a three-year statute of limitations for bringing a civil lawsuit for personal injury, including car accident injury cases. This can be three years from when the accident occurred, or when the injured person discovered their injuries. Further, note that these two dates aren’t always necessarily the same. Reviewing and building up a case takes time, so meeting with a personal injury lawyer as soon as possible is critical to your claim.

Seek Medical Attention After a Car Accident

The best way to legally protect yourself and preserve your health is to seek medical attention after being involved in a car accident. Even if you don’t feel unwell or show any signs of injury, having a physician check for injuries is always a good idea. By visiting your doctor, you will have proof in your hospital records that the physician did not find anything wrong after a car accident. This can be used as evidence that you took reasonable steps to uncover and treat any injuries you may have sustained from the accident.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What To Do When You Suspect You Have A Medical Malpractice Claim

Mon, 25 May 2020 21:00:00 GMT

While no one plans on being a victim of medical malpractice, it’s crucial to know what to do — and what not to do — in that situation.

If you suspect that you or a loved one may have a medical malpractice claim against a healthcare provider, you should take the necessary steps to recover damages suffered as a result of negligence. In our human nature, many will feel the need to take reactionary steps, such as confronting the hospital or medical provider on their own. However, some actions can potentially reduce your chances of recovering full compensation. There are a few things to be aware of when you believe you have a medical malpractice claim. While no one plans on being a victim of medical malpractice, it’s crucial to know what to do — and what not to do — in that situation.

Get Another Doctor Right Away

When you suspect medical malpractice, your foremost priority should be to get yourself or a loved one to another physician right away. If you believe that a doctor has made an error, you need to seek another medical professional’s care to determine if a mistake was made, and start to correct any wrongs before suffering new or worsen health issues. It is likely that once you can get a “second opinion” and/or corrective treatment, it can be used to strengthen your medical malpractice claim.

Get Copies of Your Medical Records and Other Relevant Documents

The information the hospital keeps in its patient records includes symptoms, medical history, tests ordered, medications prescribed, treatment plan, and more. It’s these details that often reveal whether a doctor has committed medical malpractice. Patients have the right to request a copy of their medical records, and that is something you need to do immediately if you suspect medical malpractice. While it is illegal to alter or falsify medical records, this doesn’t always stop some practices from doing so in an attempt to conceal their mistakes. A medical malpractice attorney can work to get these documents on your behalf, but requesting them early on reduces the chances of documents being tampered with and cuts down on the research and exploratory phase of your claim.

Find a Malpractice Attorney to Work With

The next crucial step is to find and retain a medical malpractice attorney to help you navigate your potential medical malpractice case. In particular, look for an attorney who has prior experience representing your type of medical malpractice claim. While past results are not a guarantee of future results regarding your potential case, you’re better off working with an attorney who is familiar with the type of claim you are making.

Do Not Contact Other Parties (Directly and Indirectly)

After retaining an attorney, they should become the main point of contact for all other parties involved with your claim. As such, you should refrain from contacting providers, healthcare practices, insurance companies, and others. Should any of these parties reach out to you, direct them to your attorney and speak with your attorney before you answer any questions. In general, you should avoid talking about your case to anyone besides your attorney and close family. This also means refraining from posting anything to social media regarding the specifics of your claim.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What Instances Can Be Considered Hospice Negligence?

Mon, 25 May 2020 20:55:00 GMT

Because hospice care is meant for those who are terminally ill and facing the end of their lives, determining causation and other aspects of a medical malpractice case are trickier than usual.

Navigating instances of hospice negligence or mistakes made during end-of-life care can be confusing. Because hospice care is meant for those who are terminally ill and facing the end of their lives, determining causation and other aspects of a medical malpractice case are trickier than usual. Nonetheless, it’s important to understand that hospice negligence may happen, and is something to watch out for if either you or your loved ones are dealing with hospice services.

Wrongful Death

Palliative care is treatment administered to relieve pains associated with terminal illness as a means to improve a patient’s quality of life towards the end of their life. It may seem counterintuitive that a terminally ill patient could suffer a “wrongful death,” since they are already expected to pass away soon. However, like in any other health care scenario, when medical malpractice caused a patient’s death before the patient would have died absent of the negligence, the health care provider should be held responsible via a wrongful death claim.

Medical Malpractice

Most hospice services must administer some form of medical treatment as part of a patient’s palliative care. Caregivers that fail to uphold their duty of care to their patients can cause them to sustain injuries. This can include medications, further diagnosis (diagnostic monitoring), physical therapy, and more. If a medical practitioner administered any of the medical services with a substandard, incompetent level of care, they are guilty of medical malpractice .

Elder Abuse

Hospice care services often take care of older patients. Thus, patients and their loved ones should be looking out for elder abuse . Unfortunately, elder abuse is a widespread issue that affects millions of Americans. Elder abuse can be neglect, but also includes the physical, mental, sexual, or financial abuse of an elderly patient.

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Medical Malpractice in Cosmetic Surgery

Mon, 18 May 2020 20:51:00 GMT

Any surgical procedure contains inherent risks. Cosmetic surgery is no different.

Cosmetic surgery is just like any other medical procedure, errors can and do occur. These errors are subject to medical malpractice claims. Below, we will discuss common cosmetic surgery errors and some of the challenges with this type of medical malpractice claim.

Common Cosmetic Surgery Errors

Any surgical procedure contains inherent risks. Cosmetic surgery is no different. Most causes of cosmetic surgery errors are by a “standard” type of surgical error. These include infection , misuse of cosmetic drugs or anesthesia , or merely incorrect surgical technique. If any of these errors occur, it can potentially result in a medical malpractice claim.

In addition, due to the lucrativ e nature of cosmetic surgeries, many non-plastic surgeons want to begin working in this field. A doctor can take a course on cosmetic surgery and then advertise themselves as a plastic surgeon. All medical specialties contain their own intricacies and challenges. A surgeon may be well trained for certain procedures, but under-qualified for cosmetic surgery. A practitioner that is not adequately trained may not make the right judgment call when a complication arises. A mistake in a cosmetic surgery can result in disfigurement, scarring, or other serious consequences .

Challenges of Cosmetic Surgery Claims

One of the biggest challenges for plaintiffs in a cosmetic surgery malpractice claim is human nature. Simply put, because the procedure is usually elective, people are not as sympathetic. Jurors will often give the cosmetic surgeon the benefit of the doubt when a cosmetic procedure is done for superficial reasons. A juror also might think that this is a “rich person problem,” the patient could afford the surgery in the first place, so they can probably afford to deal with the outcome. Unfortunately, it is common for people to think that because it was the plaintiff’s choice to have the surgery, the plaintiff is somehow partially at fault for their damages.

Thankfully, the circumstances surrounding reconstructive surgery are often viewed differently, especially if the procedures were deemed medically necessary.

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Diabetes Mistreatment And Medical Malpractice

Mon, 18 May 2020 20:48:00 GMT

Let’s examine diabetes mistreatment, and detail what a medical malpractice claim concerning diabetes mistreatment entails.

Diabetes is one of the most common diseases in America. Failure to properly treat diabetes mistreatment has serious consequences, including loss of kidney function, nerve damage, blindness, and other serious complications. Let’s examine diabetes mistreatment, and detail what a medical malpractice claim concerning diabetes mistreatment entails.

Misdiagnosis Leads to Mistreatment

Common symptoms of diabetes include: Unexplained weight loss, extremely dry skin, blurred vision, excessive thirst, frequent urination, extreme hunger, numbness or tingling in the extremities, unexplained fatigue, repeated infections, nausea, vomiting, and stomach pains. Unfortunately, all of these symptoms can be easily mistaken for other common conditions, such as the flu and/or infection.

Diagnosing a patient with diabetes is extremely important due to the severity of symptoms that arise with an untreated case of diabetes. When diabetes is not properly diagnosed, the patient will continue to mismanage their health condition which can result in serious complications. Nearly all of the diabetes-related complications can be prevented if properly diagnosed and treated.

Medical Malpractice as a Result of Diabetes Mistreatment

In order to establish whether a medical practitioner was negligent or a diabetic patient was mistreated, the plaintiff must establish that the health care provider breached the standard of care. If a patient presents with classic symptoms of diabetes, testing should always be done because of the potential severity of diabetes mistreatment. If the health care provider was found to skip, or not follow through with simple tasks, such as blood work or urine tests, they may be guilty of medical malpractice.

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Medical Assistants and Medical Malpractice

Mon, 11 May 2020 16:20:00 GMT

Despite having limited duties with regards to patients, medical malpractice can still occur as a result of a medical assistant’s actions.

When undergoing a medical procedure, a patient comes into contact with medical professionals of various education, skill, and experience levels. From medical assistants to attending physicians, all medical practitioners are subject to potential medical malpractice. Today, we’ll focus on medical assistants and how to prevent instances of medical malpractice within their jurisdiction.

Medical Assistants Versus Registered Nurses

At first glance, it might be challenging to differentiate between a medical assistant and a registered nurse. A registered nurse and a medical assistant both administer primary patient care such as hygiene, change of bedding, and dietary requirements. However, medical assistants do not require as much training and education as registered nurses. Medical assistants are typically assigned a variety of responsibilities including patient care and administrative duties, while nurses focus on patient care and include a minimal amount of administrative duties. Another important thing that separates the two professions: while medical assistants can only perform the type of care expressed directly by the physician, nurses are trained to write patient care plans . This extra training and responsibility opens the door for potential medical malpractice and negligence by nurses that is not ordinarily possible for medical assistants.

How Medical Assistants Can Prevent Medical Malpractice

Despite having only limited duties with regards to patients, medical malpractice can still occur as a result of a medical assistant’s actions. Firstly, it is worth noting that medical assistants are cheaper to hire than registered nurses and, therefore, are often overused in place of nurses. This can lead to unauthorized medical personnel administering patient care they are unqualified to give. With this in mind, medical assistants should remember it is not their job to provide medical advice, and if prompted by a patient, always refer them to the proper medical staff.

Additionally, medical assistant’s administrative rolls should not be undervalued. Entering patient information correctly is important, because that information is relied upon by nurses and doctors who refer back to the patient’s data. Not taking this aspect of the job seriously can result in dangerous consequences for the patient, such as medication errors or wrongful hospital discharge .

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Understanding the Standard of Care

Mon, 11 May 2020 16:00:00 GMT

The standard of care is a critical component in every medical malpractice case. Find out more here.

The standard of care is the generally accepted procedures and practices used by healthcare providers when treating patients. The standard of care can determine whether certain actions are acceptable or constitute medical malpractice.

How are the Standards Decided?

Quantifying the standard of care to one specific set of rules or guidelines is simply not possible. Instead, the standards are being constantly developed by an army of researchers, doctors, and regulatory offices to try to nail down the proper steps for medical professionals to take during countless medical procedures. The standard of care will vary with each different disease or disorder . It is typical for the standards to evolve as research continues and technology advances.

Maryland operates under the “national standard of care.” This means that healthcare providers in Maryland have a duty to use the care and skill which is expected of a reasonably competent practitioner in the same class, acting in the same or similar circumstances, taking into account advances in the profession, availability of facilities, specialization or general practice, proximity of specialists and special facilities, and all other relevant considerations. See Shilkret v. Annapolis Emergency Hosp. Ass’n , 276 Md. 187, 200-01 (1975).

Role of Standard of Care in Medical Malpractice Law

The standard of care is a critical component in every medical malpractice case. It highlights what should have been done during a medical procedure and can be used to figure out what was done that should not have been done, or what was not done that should have been done. For a Plaintiff, expert testimony is used to establish the standard of care, and then prove that the healthcare provider deviated from the standard of care, that the deviation was a cause of the injury , and that damages resulted from that injury. However, the Defendant’s experts will likely disagree with Plaintiff’s experts, and claim the standards were upheld. Thus, at trial the court must parse through two potentially differing sets of standards. For that reason, an experienced medical malpractice lawyer is a valuable asset to any victim of medical malpractice.

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Birth Injury to Mothers: Diagnosing and Managing Preeclampsia

Mon, 04 May 2020 15:52:00 GMT

Left undiagnosed and unchecked, preeclampsia can cause serious birth injury to mothers and pose a life-threatening risk to the child.

When discussing birth injuries, the focus is often on the potential harm/injuries that the baby can sustain during delivery. This is understandable given the love and care parents and families have for their new family member. However, it would be shortsighted to neglect the multitude of potential birth injuries to mothers. One rare, but very serious, condition to look out for in pregnant women is preeclampsia . Left undiagnosed and unchecked, the condition can cause serious birth injury to mothers and pose a life-threatening risk to the child. If you or a loved one have suffered from misdiagnosed and mismanaged preeclampsia during pregnancy or labor that resulted in a birth injury to the mother, contact The Law Offices of Cardaro & Peek for legal assistance.

What is Preeclampsia?

In simple terms, preeclampsia is a serious disease related to high blood pressure. It can happen to any pregnant woman. In many cases, preeclampsia can be effectively managed, preventing harm to the mother and child. But, the nature of pregnancy and gestation (such as forming of the placenta and sending enough blood to the uterus) can create limitations and dangers that make preeclampsia challenging to manage without creating a further risk of birth injury to mothers or their unborn child . As such, there are serious risks associated with preeclampsia, such as seizures, stroke, organ damage or death; and premature birth or death of the child.

Signs of Preeclampsia

Preeclampsia can be difficult to diagnose, some expectant mothers experience no symptoms at all. Luckily, prenatal care provides for frequent and thorough checkups that should catch any abnormalities in a mother’s progression through pregnancy.

But, there are signs to be on the lookout for. Preeclampsia usually begins after 20 weeks of pregnancy in women whose blood pressure had been normal. Signs of preeclampsia experienced are somewhat similar to the normal discomforts felt during pregnancy, including: sudden weight gain ( ≥ 5 lbs in a week), swollen hands/face/feet, nausea, vomiting, abdominal pain, headaches, and seeing spots. Additionally, a condition called proteinuria, characterized by foamy or bubbly urine, can indicate preeclampsia.

Diagnosis

During regular checkups, doctors should assess a mother’s risk for developing preeclampsia by examining the following areas:

From there, the doctor can run various tests and monitor the mother’s condition for diagnostic signs of preeclampsia.

Treatment and Cure

The most effective “cure” for preeclampsia is delivery. The longer the mother stays in this condition, the more likely she can suffer seizures, stroke, severe bleeding, or placental abruption. Depending on how close a mother is to her due date, Doctors will either recommend a cesarean section surgery or induce labor early to alleviate the mother’s high blood pressure. If the mother is still in the early stages of her pregnancy and delivery is not an option, the doctor will recommend alternative measures such as an increase in prenatal checkups, consuming less salt, drinking at least 8 glasses of water a day, and changes to your diet.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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How Doctors Can Prevent Dangerous Medication Errors

Mon, 04 May 2020 15:43:00 GMT

A doctor who fails to take sufficient steps at informing and protecting their patients from medication errors can be held liable for medical malpractice.

Medication errors are an unfortunately common occurrence. Medication errors can happen in many different ways , from prescribing the wrong medication to improperly administering medication. While patients can exercise caution and use their judgment to protect themselves from these dangerous yet preventable mistakes, the responsibility of protecting the patient ultimately falls on the medical professionals entrusted with their care. Doctors, pharmacists , nurses, and other healthcare professionals could all have played a role in patient’s suffering. So, what are the steps doctors can take to prevent medication errors?

Arm the Patient with Knowledge

Not all patients will ask questions or know what types of questions to ask when they are prescribed a new medication. In order to avoid medication errors due to the failure to warn patients about what to do or not to do with the given drugs, a doctor should provide answers to common questions, including:

Thorough Medication Reconciliation

Your doctor, or any other healthcare provider, is obligated to conduct a medication reconciliation. Essentially, this process aims to compile a complete and accurate list of all medications a patient is taking each time the patient undergoes a transition in care. The goal is providing correct medications to the patient at all transition points within the hospital. Medication reconciliation evaluates all patient medication to ensure no medication errors happen due to duplicate medications, wrong dosages, adverse drug interactions, etc.

Encourage Communication From the Patient

Doctors should provide essential knowledge to the patient on how to take their medication correctly, and encourage patients to ask any questions and voice concerns. The doctor needs the most up-to-date information on all medications a patient is currently taking (prescription and over-the-counter drugs) to plan a course of treatment, and not cause new or worsened injuries to the patient.

It’s possible that a doctor who fails to take sufficient steps at informing and protecting their patients from medication errors can be held liable for medical malpractice. Speak with an attorney from The Law Offices of Cardaro & Peek today to learn more about your options.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Cases of Altered or Falsified Hospital Records

Mon, 27 Apr 2020 20:57:00 GMT

When health providers alter or falsify information on hospital records, it can negatively impact the patient’s care.

When patients receive care from medical professionals, nearly all aspects of their condition and treatment are documented on hospital records. These hospital records help the various medical professionals to create a care plan for the patient, and they can be used to prove medical malpractice when improper care is administered. Therefore, when health providers alter or falsify information on hospital records, it can negatively impact the patient’s care. Here’s what you need to know and how Cardaro & Peek can help you review your medical malpractice case.

What Information Goes Into Patient Medical Records?

Federal and state laws require health providers to maintain accurate documentation of each patient they see. When compiling the patient’s medical records, they must include medical history, medications, treatment plans, condition progress, and more. When false information is added, or unauthorized changes are made to hospital records, these actions go against protocol for patient treatment. As a result, altered hospital records can constitute medical malpractice.

The Dangers of Altered and Falsified Hospital Records

Healthcare providers who administer care to a patient based on incorrect information can harm the patient both physically and financially. Altered and falsified hospital records tend to cover up other issues concerning medical malpractice. Examples of issues include medication errors or failure to receive informed consent. Altered documentation can also lead to other issues, such as misdiagnosis or unnecessary treatments. In short, healthcare providers who negligently alter or falsify patient records create a chain of misinformation that directly impacts the treatment and care provided to the patient. The consequences can range from extra tests being performed, to the wrong procedure being performed, to treatment not being administered.

What Can Be Done?

Patients have the right to obtain and review their medical records. In general, gathering the hospital records that patients allege has been altered or falsified is not too difficult. What can be more challenging is gathering documents and evidence of unauthorized changes made to their records. Having expert witnesses review your case or collecting previously made hospital records can help prove improper alterations were made to patient documents. The process of reviewing these records and gathering evidence for a claim takes time and expert review. Hence, it’s imperative to contact an experienced malpractice attorney at The Law Offices of Cardaro & Peek as soon as you suspect your hospital records have been tampered with. Our staff includes medical professionals who can lend their expertise to your case review.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Scenarios That Do Not Qualify as a Valid Medical Malpractice Claim

Mon, 27 Apr 2020 20:54:00 GMT

This article will discuss a few unfortunate scenarios that, due to the current laws in place, likely do not constitute medical malpractice and will not be regarded as a valid medical malpractice claim.

When patients and their families feel like a healthcare practitioner has wronged them, they can attempt to file a medical malpractice claim and recover for any injustice they suffered. However, in some scenarios, medical malpractice attorneys must deny the case. Of course, attorneys don’t turn these cases down because we don’t want to help. Instead, it is the existence of legal and procedural hurdles which make it difficult to pursue a medical malpractice claim compared to an ordinary negligence claim. This article will discuss a few unfortunate scenarios that, due to the current laws in place, likely do not constitute medical malpractice and will not be regarded as a valid medical malpractice claim. For further legal assistance in reviewing your potential case, get in touch with The Law Offices of Cardaro & Peek .

Worsened Patient Condition

The mere fact that a patient’s health condition worsened while under a physician’s care does not automatically equate to medical malpractice claim. Sometimes, even when doctors face treatable illnesses or curable conditions, a patient’s health can unexpectedly take a turn for the worse. Doctors don’t have control over how patients’ bodies do or do not respond to all treatments, but they do have control over themselves. If they acted to the best of their ability and upheld the standard of care, the physician likely has not committed medical malpractice.

Untreatable or Terminal Condition

Similarly, a patient may be suffering from a terminal illness. While these situations are devastating for the patients and their families, a healthcare provider c annot be said to have committed malpractice simply because the patient’s condition will not get better. The purpose of medical malpractice laws are to provide legal protection when the treatment that a patient received is below the acceptable standards of medical care. Medical malpractice laws aren’t in place to offer a remedy for unfortunate, but unavoidable, health care outcomes such as terminal illnesses and deaths.

Patient Knowingly Acted Against Medical Advice

Patients that knowingly act against medical advice usually do not have a valid medical malpractice claim. This is why informed consent is so critical in medical malpractice cases. For example, if your doctor gives you discharge instructions to report back in two days, but you wait two weeks, it will diminish any claim against the doctor for your worsened condition. Similarly, even if your doctor prescribed the wrong dosage of medication , if you drink alcohol when the medication’s instructions clearly prohibit drinking while on the medication, you may have been contributorily negligent, which could hurt your claim.

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Examples of Negligent Driving in Car Accident Cases

Mon, 20 Apr 2020 20:51:00 GMT

What exactly does negligent driving look like? Here are some examples that come up often in Maryland car accident cases.

Nearly all car accident cases in Maryland involve some aspect of negligent driving. When insurance alone doesn’t cover the extent of damages, you can seek the services of a Maryland car accident lawyer. If you’re planning on filing a car accident lawsuit against another party, you’re going to need to prove the at-fault driver demonstrated negligent driving behavior. Then, you will need to prove those actions were the direct cause of any personal injuries/damages you sustained. But what exactly does negligent driving look like? Below are some common examples of Maryland car accident cases.

Distractions, Intentional or Not

In this day and age, it would be difficult to find an individual who has not looked at their phone while driving. At one point, everyone is guilty of doing something that diverts their eyes and attention from the road. Still, no matter how minor these actions seem, they can and do cause serious car accidents. Negligent driving is dangerous to the driver and puts others on the road at risk for serious injury. Therefore, distracted driving certainly constitutes negligence. Examples of distracted driving include: using a cellphone, changing the radio/music, applying makeup, eating or drinking, looking into your backseat, at passengers, in the glove compartment, etc.

Failing to Use Vehicle Safety Features

Failing to use the vehicle’s safety features correctly can also be grounds for negligent driving. This is why people get pulled over when police officers notice broken headlights or failure to use turn signals. Every driver on the road has an implied duty of care to avoid causing harm to another. Failing to properly signal, use your lights, etc., poses a danger to other drivers, and is usually considered negligent behavior.

Not Following Traffic Rules and Norms

Failure to obey traffic rules is a rather straightforward example of negligent driving. However, failure to follow traffic norms can be just as dangerous as distracted driving. It’s fairly obvious that running stop signs and red lights, or driving far above the posted speed limit are negligent actions. Driving too slowly, stopping suddenly on the road, and stopping your vehicle over the line at an intersection are also examples of behaviors that can put other drivers and passengers at risk.

The lawyers at The Law Offices of Cardaro & Peek have the experience to navigate car accident cases and can help you recover compensation for your injuries.

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Have you experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Why Do I Need a “Medical Malpractice Lawyer” for My Case?

Mon, 20 Apr 2020 20:47:00 GMT

Let’s examine some reasons why utilizing a medical malpractice lawyer can boost the chances of succeeding in your claim.

From diagnosis to surgery , medical malpractice events can occur at any stage of medical treatment. If medical malpractice does occur, you may decide to file a claim and try to recover damages for the wrong inflicted on you and your loved ones. While it is possible to make a claim without a medical malpractice lawyer, the intricacies of medical malpractice law can make it very challenging. Let’s examine some reasons why utilizing a medical malpractice lawyer can boost the chances of succeeding in your claim.

Complex & Expensive Legal Territory

Medical malpractice law is a very complex area of law, and not all attorneys will accept these types of cases . Medical malpractice laws are quite different from small claims or personal injury, where making your case might only require a few documents of proof. To win your case, you need to prove that the medical professional(s) deviated from the standard of care. In a medical malpractice case, the standard of care can only be proven by experts. An experienced medical malpractice attorney will have access to a network of professionals — doctors, consultants, medical experts — and will utilize this network to locate and hire the right medical expert for your case.

While you can get your own medical experts and attempt to win your case without an attorney, if you do so you would also be responsible for funding every aspect of the case. Investigating a case is time-consuming and expensive. Just filing a case often requires thousands of dollars to be spent on expert fees, filing fees, and other general expenses. After that, there is anywhere from a few months to a year before the case goes to trial, where attorneys conduct discovery, perform medical research, obtain expert reports, and much more.

Lastly, even if you have the funds to make your own case, the process described above is time-consuming. A medical malpractice attorney will take responsibility for advancing the expenses on behalf of their clients, and will not charge you if your case does not settle or win at trial. Additionally, you can let your attorneys do the work, while you try to heal after experiencing a tragedy. Navigating a complex, expensive, and time-consuming medical malpractice case will be much easier with the experienced medical malpractice lawyers at The Law Offices of Cardaro & Peek on your side.

Defense Attorneys

A defense attorney’s presence is another big reason to hire attorneys to represent you in court. You may choose to represent yourself in a case, but the medical professional(s) will not be alone. In nearly every medical malpractice claim, the defendant (hospital, doctor, etc.) has access to malpractice liability insurance, which will fund their defense. This will include tested and experienced defense attorneys. Considering the nature of medical malpractice claims as described above, the fact that your opposition will have competent legal counsel speaks volumes as to the necessity of representation in these matters. It is difficult for a non-attorney to have the legal and medical knowledge to sufficiently combat a team of defense attorneys.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Failure to Order Medical Tests and Misdiagnosis

Mon, 13 Apr 2020 03:00:00 GMT

The failure to order medical tests, ordering the wrong tests, or waiting too long to order tests can put the patient in harm’s way.

Ordering the necessary and appropriate medical tests is a vital part of many diagnostic processes. The failure to order medical tests, ordering the wrong tests, or waiting too long to order tests can put the patient in harm’s way. As such, a patient who suffered under their care has the right to file a medical malpractice lawsuit to recover compensation. Failure to order medical tests is a common among medical malpractice cases concerning a diagnostic error. If you feel that you or a loved one was a victim of medical malpractice, contact the lawyers at The Law Offices of Cardaro & Peek today.

How Failure to Order Medical Tests Can Happen

While each case presents unique circumstances, there are a few common factors that indicate how or why diagnostic tests are not administered.

Poor Judgement

Sometimes, a doctor incorrectly determines that the patient’s present condition does not warrant further testing at the time. They may have already ordered one test and received the results, but fail to conduct additional medical tests to rule out other possible diagnoses before making their final determination. In other cases, the doctor may follow a mistaken hunch in the process of trying to diagnose their patient, and simply order the wrong test.

Disregarding Patient-Reported Symptoms

Failure to order medical tests can happen when doctors painly disregard patient-reported symptoms or disregard their relevance to the patient’s current health issue. For example, consider a patient who complains of persistent or severe headaches, yet the doctor fails to order a CT or MRI scan of the head and brain. Later on, the doctor may discover a brain tumor in that same patient. Or, a patient may visit the emergency room with shortness of breath and rapid pulse, and the emergency room physician determines she is experiencing anxiety-related issues instead of testing her for a heart attack. Such occurrences are not uncommon and may constitute a breach of the standard of care.

Not Knowing Enough to Require More Testing

Radiology or laboratory errors, such as the delay or misinterpretation of medical imaging or test results, could prevent a doctor from having sufficient knowledge to require additional or different testing. The decision to order medical tests should not be made lightly, but not taking prompt diagnostic action leaves the patient at risk of worsening health conditions.

Not Following Up on Routine Screenings

Routine screenings like pap smears and prostate exams help detect signs of abnormalities to identify health problems in early stages. If the results show anything concerning, the doctor should contact the patient, and take steps to conduct further testing or refer their patient to a specialist.

Multiple Medical Professionals Could Be Responsible

In the situations described above, it could be any number of medical professionals that commited the relevant deviation from the standard of care. Primary care physicians, specialists, laboratory technicians, emergency room physicians, radiologist technicians, etc. are all potentially at fault. Working with an experienced medical malpractice attorney to review your case can help identify who you should file a malpractice lawsuit against to hold the correct medical professional responsible for their actions.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Ambulance Negligence and Medical Malpractice

Mon, 13 Apr 2020 02:40:00 GMT

Any mistakes or shortcomings on the driver’s or EMTs’ part could be considered ambulance negligence.

When ambulance personnel fail to do their jobs correctly and don’t meet the standard of care, a patient may suffer devastating consequences. The care administered to a patient on an ambulance as they are transported to the hospital is critical to the patient’s future outcome. Any mistakes or shortcomings on the driver’s or EMTs’ part could be considered ambulance negligence. Read on to learn more about ambulance negligence and contact The Law Offices of Cardaro & Peek for help navigating your claims.

What is Ambulance Negligence?

In general, ambulance negligence often involves EMTs and paramedics who fail to uphold their responsibilities and deviate from the standard of care. A common example is improperly administered emergency treatment, like incorrectly intubating the patient or failing to pass along information to the treating doctor. Additionally, ambulance negligence can involve the process of getting to the patient or hospital destination, such as taking too long to get to the patient after a 911 call is made, or when the ambulance is not stocked with the right equipment or medication to stabilize the patient’s condition.

What If The Ambulance Crashes with A Patient On Board?

If the ambulance gets involved in a vehicular accident with a patient on board and en route to the hospital, and the patient sustains injuries from the accident, the patient can be compensated for injuries caused or worsened by the collision. However, this scenario would likely not be considered medical malpractice, but rather a serious personal injury claim. Whether your claim is against the ambulance company or the driver of the other vehicle will depend on whose negligent actions caused the accident.

Work with Cardaro & Peek to Recover Compensation

To determine whether your individual circumstances constitute grounds for medical malpractice or serious personal injury, contact Cardaro & Peek for a case evaluation. Our attorneys have extensive experience handling all types of medical malpractice and personal injury cases, and will fight to recover every bit of damages that you deserve..

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Was Your Heart Attack Misdiagnosed?

Mon, 06 Apr 2020 02:35:00 GMT

When a medical professional fails to diagnose a heart attack, it delays the patient from receiving potential life-saving treatment.

Heart attack misdiagnosis makes up thousands of medical malpractice cases each year. When a medical professional fails to diagnose a heart attack, it delays the patient from receiving potential life-saving treatment. If you think that you or a loved one suffered injuries as a result of a physician’s heart attack misdiagnosis, contact the attorneys at The Law Offices of Cardaro & Peek, LLC today.

Symptoms of a Heart Attack

There are a variety of symptoms one might experience, but common signs of a heart attack include:

Unfortunately, studies have shown that female patients face a particularly high risk of having a heart attack misdiagnosed due to the atypical symptoms that women often present. Such symptoms include:

Age also plays a factor, as medical professionals often do not suspect a heart attack in younger patients.

How Heart Attacks Can Go Undiagnosed

Medical professionals, especially emergency physicians, should be trained to recognize symptoms of a heart attack and treat your presented condition seriously. However, a doctor may interpret your symptoms as signs of something other than a heart attack. Common conditions such as indigestion, having musculoskeletal problems, or even having emotional issues that cause physical symptoms (e.g. anxiety attack) may be mistaken for the cause of your symptoms instead of a heart attack.

Heart attacks may require immediate intervention to save a patient’s life. Doctors who opt to wait and monitor the progression of symptoms can end up waiting too long. By then the heart attack may have done irreversible damage, when immediate action would have prevented a patient’s death.

If a patient recovers from a minor heart attack, but their condition remains undiagnosed, that poses a serious risk to their health as well. Discharging a patient without identifying that they suffered a heart attack means they are more likely to suffer health complications in the future, as a major injury was allowed to go untreated and no steps were taken to prevent future injury.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Do You Suspect a Loved One is Experiencing Nursing Home Abuse?

Mon, 06 Apr 2020 02:32:00 GMT

If you suspect that a loved one has been subjected to nursing home abuse, it’s imperative to take action as soon as possible to protect them.

If you suspect that a loved one has been subjected to nursing home abuse, it’s imperative to take action as soon as possible to protect them . The immediate goals should be to remove them from the dangerous situation and initiate processes to file formal reports and legal actions against the nursing home facility. The following outlines some steps to take if you suspect or discover nursing home abuse.

Recognize Signs of Nursing Home Abuse and Neglect

Your loved one may not be able to tell you themselves that they are facing nursing home abuse. It’s crucial for you as a close family member to recognize the signs of abuse or neglect. Unexplained injuries, poor hygiene, and malnutrition are just some of the many signs to look out for . Some red flags , such as changes in your loved one’s behavior, can be subtle such that only someone close to them would notice.

Report Emergencies

If your loved one’s condition is especially dire, and they need help right away, do not hesitate to seek out emergency medical treatment for them, in addition to contacting their primary care physician. This step gets them critical care and establishes some evidence that your loved one needed emergency treatment while they were being cared for at the nursing home.

Report Nursing Home Abuse to the Authorities

Even though nursing home staff are required to report suspected nursing home abuse, many instances of abuse go unreported or do not lead to investigations. Take matters into your own hands. File a report with the nursing home administration, their licensing company, or to state authorities if necessary. Some nursing homes are aware of negligent behaviors that go on in their facilities, so notifying higher levels of authority can be necessary to have someone begin looking into your allegations.

Document Signs of Abuse

Taking pictures of your loved one’s living conditions and injuries is valuable documentation of the abuse your loved one is suffering. Collecting copies of medical records is immensely helpful too. Try to reconstruct a timeline of all instances of abusive or negligent treatment.

Contact an Elder Abuse Attorney

Get in contact with an experienced elder abuse and nursing home abuse attorney. They will offer you legal guidance to file a lawsuit against the nursing home or nursing home staff. After evaluating your case, the attorney may be able to help your loved one recover damages as a result of the mistreatment they suffered.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Types of Damages in a Medical Malpractice Case

Mon, 30 Mar 2020 00:13:00 GMT

Recovering damages in a medical malpractice case can be a helpful step in coping with the physical and emotional pain caused by negligent healthcare providers.

Recovering damages in a medical malpractice case can be a helpful step in coping with the physical and emotional pain caused by negligent healthcare providers. As part of a medical malpractice lawsuit , you should have a clear understanding of what damages you are looking to recover as a result of your injuries, and how those damages get calculated into dollar amounts. Most patients can seek to recover from three types of damages in a medical malpractice case: economic, non-economic, and punitive damages.

Economic Damages

As one might expect, the term “economic damages” refers to the monetary loss due to the alleged medical malpractice. This includes lost wages and lost earning capacity due to missing work, using personal days, or wages you could have otherwise earned but now are unable to work because of your medical malpractice injuries. Other damages that can also be calculated and repaid are medical bills incurred due to the doctor’s negligent treatments, and loss of services. Because such losses are objective, economic damages can be calculated to an exact or close-to-exact amount.

Non-Economic Damages

On the other hand, non-economic damages are losses that are more subjective. These damages in a medical malpractice case can include pain and suffering, emotional distress , and loss of companionship. Because of the subjective nature of these damages, there is a cap on the amount of non-economic damages a plaintiff can recover, and the jury determines the amount awarded to a plaintiff within the relevant cap .

Punitive Damages

In some cases where the physician acted with gross negligence (or worse, maliciously), the patient may try to seek punitive damages against the physician. Punitive damages are available when a defendant exhibited exceptionally reckless behavior, or intentionally harmed the plaintiff. Whereas economic and non-economic damages are meant to compensate the plaintiff for their losses, punitive damages are meant to punish a defendant by forcing them to pay additional damages.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Poorly Maintained Roads Resulting in a Motor Vehicle Accident

Mon, 30 Mar 2020 00:10:00 GMT

When poorly maintained roads cause you to sustain serious injuries from a motor vehicle accident, what are your options for next steps? Find out more here.

When it comes to vehicle accidents, it’s often assumed that the cause was negligent driving . However, it’s not always a negligent driver who is at fault — poorly maintained roads and poorly designed roads can cause a serious motor vehicle accident. In that case, who should be held responsible, and what actions can the injured party take? To help you navigate this complex motor vehicle accident issue, speak to the personal injury lawyers at The Law Offices or Cardaro & Peek.

Is the Government Responsible?

Generally speaking, yes. Cities, counties, and states maintain roads. Governmental agencies sometimes share responsibilities for the upkeep and construction of these public roads, and other times it is solely one agency’s responsibility. In instances where a car accident has been caused by a large pothole or the road caving in, figuring out who is responsible for the roadway determines which government agency you should be bringing the action against. For example, damage claims for accidents on Maryland state roads are filed with a state department. But if it is not on a state road, the motorist would have to contact the individual county’s department of Public Works or Transportation.

Suing the Government for Compensation

While many government agencies, and their agency’s personnel, do have immunity from lawsuits, you can sue if you follow a particular claim filing process for injuries caused by their negligence. In Maryland, the injured party usually starts the process by filing a “Notice of Claim” to the Maryland State Treasurer’s Office.

The process seems simple, but motorists should note that there is a strict limitations period that must be complied with to put the government on proper notice of a claim. Once you put the government on notice, you must prove that the agency/department knew about the pothole. The only way to do so is to file a lawsuit and conduct discovery.

Difficulties with a Road Maintenance Claim

As discussed above, filing a claim for damages due to a pothole or other road conditions is something most attorneys can handle. However, injured motorists often cannot find an attorney willing to take a claim based on a pothole causing a car crash. Why? In many cases, the discovery process would cost more than the property damage caused by the accident. Additionally, suing the government is never an easy task. For these reasons, Cardaro & Peek focuses on road maintenance cases involving serious injury and wrongful death from the motor vehicle accident.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a vehicle collision or other accident? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Tips for Meeting with a Medical Malpractice Attorney

Mon, 23 Mar 2020 00:05:00 GMT

These tips can help you get your thoughts organized ahead of a productive first meeting with your medical malpractice attorney.

Being injured by a medical mistake is tough and often overwhelming. Not only does you have to deal with the injury itself, but you also must deal with how it affects your life going forward. If you find yourself in such a position, you should make an appointment to meet with a medical malpractice attorney to discuss your legal options. This may seem like a daunting task at first, but in reality, it is usually a pleasant experience. In anticipation of your first meeting, here are a few tips to prepare so that you are confident, and the medical malpractice attorney can fully assess your case.

Summarize Your Situation

When you meet your medical malpractice attorneys, the first step should be expressing why you believe a medical professional or institution wronged you, and the injuries you sustained from the wrongful act (or acts). It is important to remember that it isn’t enough that a health care provider did something negligent, the negligence must result in injury. An attorney will need as much information as possible to first determine if they can take on your case , and then to advise you on how to get favorable results. To start, you should be prepared to discuss the timeline of events as you recall them, such as when you first showed symptoms and when you received a diagnosis or treatment.

Share Your Injury and Damages

As part of the summary of your situation, you should also explain how you believe you sustained your injuries. It may be helpful to list your injuries, so you don’t leave anything out. Also, it is important to remember that there are multiple types of damages : economic, non-economic, and punitive damages. Sharing your personal narrative will help reveal the extent of the injuries you have sustained. It is often the case that the patient’s prediction as to what went wrong, is what the records ultimately reveal. Because you or your loved one is the focus of the inquiry and were present during the alleged wrongful act, your personal testimony is extremely helpful in getting the full picture of your case.

Write Your Thoughts Out

As noted above, it may be helpful to write down everything you want to discuss ahead of the actual consultation to help organize your thoughts and avoid leaving anything out during your meeting. You should write down dates, symptoms, names of people, or prescriptions. Remember, no detail is too small to share when medical malpractice attorneys listen to your case. If you think it could be relevant, you should share it.

Bring Relevant Documents

If you have any documents, paperwork, or other types of communication that could potentially help prove your case, bring them to the meeting. Copies of your medical records, hospital discharge papers, medical bills, lab results , or health insurance documents are all helpful to your attorneys. A trained professional will be able to pick out useful information from these documents before requesting additional records from your healthcare provider.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Psychiatric Malpractice Claims

Mon, 23 Mar 2020 00:01:00 GMT

Navigating psychiatric malpractice claims can get complicated. Call Cardaro & Peek for legal assistance.

Psychiatric malpractice claims are similar to most other medical malpractice claims in that a health care provider’s negligent or wrongful actions caused their patient to sustain injuries and subsequent damages. When a psychiatrist fails to perform their duty to the patient, the patient can suffer mental, emotional , and physical harm. Navigating psychiatric malpractice claims can get complicated. The medical malpractice attorneys at The Law Offices of Cardaro & Peek are ready to work with you to help you seek compensation under the law.

The Exploitation of Trust and Abuse of Power

Psychiatrists hold a position of power over their patients. When they misuse their control over a vulnerable patient, crossing boundaries that a professional should never commit, that could be grounds for one a psychiatric malpractice claim. Some examples of exploitation of patient trust include: sharing information without patient consent, using unnecessary restraints, verbally or physically abusing the patient, and engaging in a sexual relationship with the patient.

Improper Diagnosis

Just like physical health conditions, misdiagnosis of a mental health condition can happen. This does not mean an incorrect diagnosis is any less harmful when a psychiatrist makes them. Any other reasonable competent psychiatrist under similar circumstances would have made a correct diagnosis to get the patient proper care and treatment sooner. An improper diagnosis can lead to unnecessary and delayed treatment, which can leave patients in worse conditions.

Prescription Errors

Similar to making an improper diagnosis, prescription errors committed by a health professional could also be grounds for a psychiatric malpractice claim. Psychiatrists must ensure that they prescribe the correct medication in the proper dosage to treat their patients’ conditions.

Third-Party Liability

While doctor-patient confidentiality exists between a psychiatrist and their patients, the psychiatrist must report certain dangerous signs of thought or behaviors. This is a mandatory requirement imposed by Md. Cts. & Jud. Proc Code Ann. §5-609 . Under the statute, a mental health provider is liable for violent behavior of his patients when he had actual knowledge of the patient’s propensity for violence and the patient indicated to the provider in some way that he intended to harm a specific victim. If a psychiatrist fails to report these signs to the authorities, and a patient injures another person or themselves, they might be liable for malpractice.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What Are Surgical Infections?

Mon, 16 Mar 2020 21:11:00 GMT

Surgeries are meant to treat patients and improve their health conditions. However, if a patient contracts a surgical infection, it can cause significant complications.

Surgeries are meant to treat patients and improve their health conditions. However, if a patient contracts a surgical infection, it can cause significant complications. For some patients, their body’s immune system responded poorly to the procedure and became susceptible to infection. However, some surgical infections are avoidable, and may have been caused by a surgical team’s negligence during or after the procedure. Read on to learn more about surgical infections, and call The Law Offices of Cardaro & Peek to find out what legal options you can pursue.

Causes and Risk Factors for Surgical Infection

Overall, the avoidable causes of surgical infections involve either mistakes made by the surgical team or unsafe/unsanitary conditions. Inadequate post-surgery care, such as not monitoring the healing process or discharging the patient too early, can be considered negligent care. Reviewing the hospital’s standards for sterilizing tools, the operating room, and the surgical site can reveal why the patient contracted an infection.

Surgical team members and those giving postoperative care should be aware of any conditions that may make a certain patient more susceptible to infections. Common risk factors include age (very young or very old), compromised immune system, diabetes, obesity, and poor circulation.

Common Types of Infections

The types of surgical infection a patient can contract may vary depending on the procedure they underwent, and various causes mentioned previously. Commonly, patients can contract bloodstream infections, respiratory infections, MRSA , urinary tract infections, postoperative bleeding, and necrotizing fasciitis (when soft tissue cells die, often rapidly).

Patients show signs they may have contracted a surgical infection if they demonstrate some of the following symptoms:

Recovering Damages

Surgical infections cause physical, emotional, and financial strain to the patient. The patient can find themselves in a worse condition than before the surgery and may need to stay longer for additional treatment. If you or a loved one contracted a surgical infection as a result of medical negligence, you need the help of an experienced medical malpractice attorney to recover damages such as infection treatment bills, lost wages, emotional distress, and more. In cases where the surgical infection leads to a patient’s death, the patient’s spouse, parent, or child may bring a wrongful death lawsuit against the hospital.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Defective Medical Devices: Malpractice or Product Liability?

Mon, 16 Mar 2020 21:05:00 GMT

When defective medical devices injure people, there is often a key question that needs answering: is it a matter of medical malpractice, or do you have a product liability claim on your hands?

Defective medical devices pose a threat to patients’ health. When the medical tools and equipment don’t work as intended or are improperly used, it can cause harm to a patient. When medical devices injure people, there is often a key question that needs answering: is it a matter of medical malpractice, or do you have a product liability claim on your hands?

What’s Considered a Medical Device?

A medical device refers to any tool, machine, equipment, instrument, or implant used throughout the course of diagnosis and/or treatment. This definition encompasses a variety of medical devices, from a stethoscope to complex prosthetics. When medical devices don’t work as intended, it can cause injuries, like scarring or infections, or death. Some examples of types of medical devices that commonly cause issues are stents, implants, defibrillators/pacemakers, and contraceptive devices.

Medical Malpractice Claims

In some cases, negligent care from healthcare providers causes medical devices to harm a patient. The hospital or specific staff member can be held responsible for providing negligent care. A doctor could have failed to inform the patient on how to use the medical device or failed to monitor the device’s function after administering or implanting, which led to worsened health conditions. Other medical malpractice claims related to defective medical devices may include implanted devices that cause an infection or are improperly placed and rejected by the body. Doctors can also be held responsible for knowingly using a defective device. A medical malpractice attorney could investigate the circumstances surrounding your case.

Product Liability Claims

In other cases, it is not the health care provider’s negligence, but the product itself that causes injury. Such claims involving defective medical devices can be classified into three types of product liability claims:

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Failure to Diagnose a Stroke

Mon, 09 Mar 2020 21:01:00 GMT

When caring for stroke victims, critical actions must be taken quickly. Medical professionals that fail to diagnose a stroke can be liable for medical malpractice.

Timely and accurately diagnosing a stroke is crucial. When caring for stroke victims, critical actions must be taken quickly to prevent severe, permanent brain damage, paralysis , or even death . Medical professionals that fail to diagnose a stroke can be liable for medical malpractice. Read on to learn more about strokes and medical malpractice.

Types of Stroke

In general terms, strokes happen when the blood supply to part of your brain is interrupted or reduced, preventing brain tissue from getting oxygen and nutrients. The three main types of stroke are:

Ischemic stroke

Hemorrhagic stroke

Transient ischemic attack (a warning or “mini-stroke”)

Signs and Symptoms

Doctors are expected to recognize the warning signs or symptoms, so that they can diagnose a stroke. Symptoms can appear gradually or suddenly, including:

Moreover, healthcare professionals should check and recognize any risk factors that indicate the patient has a high chance of a stroke. These can include:

How Doctors Fail to Diagnose a Stroke

In emergency room settings, the doctor may fail to recognize the patient is presenting symptoms of stroke, or not take the time to run thorough examinations to test for a stroke. If an at-risk patient goes in for their regular check-up, their physician may conduct a physical exam and order appropriate blood tests, but fail to warn their patient they demonstrate factors that indicate a likelihood for stroke. It’s vital that doctors take a patient’s medical history, conduct an examination, order the right tests, read the test results correctly, and make an accurate and timely diagnosis.

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Is Wrong-Site Surgery Medical Malpractice?

Mon, 09 Mar 2020 20:58:00 GMT

Wrong-site surgery is a preventable error that can cause permanent injury.

When a patient undergoes a surgical procedure, numerous complications can occur, such as unnecessary surgeries or improperly performing a procedure. Wrong-site surgery (WSS) is a preventable error that can cause permanent injury to a victim. If you or a loved one have suffered injuries due to wrong-site surgery, work with the medical malpractice attorneys at The Law Offices of Cardaro & Peek .

What is Wrong-Site Surgery?

An easy example is when a patient’s left arm gets amputated when it should have been the right arm, but WSS encompasses a variety of surgical error scenarios. These errors include surgery performed on the wrong side or site of the body, wrong surgical procedure performed, and surgery performed on the wrong patient. This encompasses procedures performed in settings other than the operating room, such as a special procedures unit, an endoscopy unit, and an interventional radiology suite. WSS is also defined as a “sentinel event,” which is an unexpected occurrence involving death or serious physical or psychological injuries, or the risk thereof.

When Do Surgical Errors and Oversights Occur?

Following pre-surgery protocols can help eliminate the likelihood of a wrong-site surgical error from happening. Healthcare professionals should do their due diligence to avoid miscommunications, misunderstandings, and missing documentation. Hospitals in Pursuit of Excellence determined errors leading to WSSs can occur in multiple stages: during scheduling and pre-op, and within the operating room and organizational culture of the healthcare facility.

Who is Potentially Liable?

When establishing causation for a medical malpractice claim , your legal team will identify the negligent party that breached the duty of care owed to the victim, show that the breach led to the WSS, and the WSS caused injury. In many cases of wrong-site surgery, multiple people could have failed to act competently and carefully, and as a result, the patient suffers. The surgeon or surgical team carrying out the procedure could be at fault, but mistakes made by nurses, prep staff, anesthesiologists, and others could have played a role in the surgical errors that took place. Due to the complex nature of WSS claims, it is important to have an experienced team of experts examine your case.

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How Staff Are Hiding Signs of Nursing Home Negligence

Mon, 02 Mar 2020 18:02:00 GMT

If you or a loved one are a victim of nursing home negligence, The Law Offices of Cardaro & Peek is committed to helping you uncover the truth and recover the compensation you deserve.

Signs of nursing home negligence can take many forms, from malnutrition to unexplained injuries. Wrongdoings by nursing home staff can be grounds to bring medical malpractice or personal injury lawsuits against the facilities. Unfortunately, nursing home negligence is a prevalent issue in the United States. A report by the U.S. Inspector General determined that an estimated one in five high-risk hospital ER Medicare claims for treatment provided in calendar year 2016 were the result of potential abuse or neglect. Even worse, sometimes the nursing home staff will attempt to hide signs of negligence and abusive behavior towards the elderly residents, making it difficult to establish exactly what happened and what damages were suffered. If you or a loved one are a victim of nursing home negligence, The Law Offices of Cardaro & Peek is committed to helping you uncover the truth and recover the compensation you deserve.

Not Reporting Abuse

The law requires nursing home staff to report instances of abuse towards patients to the proper authority. Sadly, nursing homes may not be diligent in reporting all incidents out of fear of the repercussions of not complying with the law. The U.S. Inspector General’s report also foun d that nursing homes frequently failed to report incidents of abuse to either CMS or local law enforcement. If no one speaks up when they witness another staff member mistreat a patient, the cases never get brought to light.

Failing to Follow Up

If and when allegations of abuse are reported to nursing home administrators or supervisors, the people in power may ignore the report and not follow up with the incident. This further conceals signs of neglect and abuse, and will only be more difficult for one to establish evidence of negligence.

Not Reporting Conditions

Not recording patient information or inaccurately recording conditions can conceal signs of neglect. Caregivers may fail to check for injuries or changes to the resident’s health, which creates problems down the line if someone is treating the patient based on inaccurate information.

Falsifying Records

Documentation is kept for most aspects of a patient’s care. Falsifying the information on these documents indicates nursing staff negligence by failure to follow protocols.

Lying about Neglect

Nursing home staff may lie about neglect to protect their jobs. Some caregivers lie to hide a careless mistake that caused harm to the patient while under their watch, such as a fall. Unfortunately, there are even instances where caregivers caused intentional abuse and lied about the injury.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Medical Malpractice: Failure to Refer to a Specialist

Mon, 02 Mar 2020 17:55:00 GMT

In some instances, a doctor’s failure to refer a patient to a specialist may be considered medical malpractice. Learn why this is a serious problem.

When we experience health problems, we see a doctor and let their expertise guide their treatment recommendations. Of course, no doctor is expected to have detailed knowledge of every aspect of the human body. This is why we have specialists in specific fields of medicine. When a doctor fails to refer a patient to a specialist for further consultation and care, that doctor may be guilty of medical malpractice. Keep reading to learn more, and call Cardaro & Peek for legal assistance with your medical malpractice case.

When Should Doctors Refer You to a Specialist?

A doctor must know their limitations in the knowledge and expertise they can offer to a patient. While a doctor must always meet the standard of care when treating their patients, their level of expertise may limit the amount of help they can offer. In this situation, they are obligated to refer the patient to another doctor with specialized training, background, and experience to provide the appropriate level of care.

When Does Failure to Refer Most Often Occur ?

There are two most common scenarios where patients aren’t given a referral to see a specialist. One is when they visit their primary care physicians, and the other is when patients visit the emergency room. Primary care physicians have broad knowledge of many health conditions. However, they likely do not possess the in-depth knowledge necessary to treat every condition. If the physician identifies a health concern during check-ups, a failure to refer their patient to a specialist to follow up on the discovery may constitute malpractice. In emergency rooms , errors can occur due to the fast-paced environment. Obvious issues, like a broken bone, require immediate attention at the exclusion of other health problems that require a specialist.

What’s the Potential Harm to Patients?

If a doctor’s failure to refer the patient to a specialist or a more knowledgeable doctor occurs, it’s the patient who can potentially suffer the most significant consequences. There could be a delay or misdiagnosis of serious conditions. If a condition remains untreated, it could cause the patient’s health to deteriorate to an irreversible state.

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Unnecessary Treatments and Surgeries

Mon, 24 Feb 2020 17:51:00 GMT

Unnecessary treatments, surgeries, or procedures can incur financial and physical burdens on the patient.

Physicians should provide their patients with the best possible care and be thorough with treatment so that the patient can recover to a good state of health. Medical treatments and surgeries improve and save people’s lives, but over-treating or doing unnecessary procedures can be just as dangerous as not having any procedures done at all. Let’s examine some of the most common unnecessary treatments and surgeries , and consider why unnecessary procedures occur in the first place.

Common Unnecessary Surgeries

Of the nearly 48 million surgeries that are performed every year in the United States, common unnecessary surgeries are:

Common Unnecessary Procedures

Below are examples of unnecessary procedures:

These tests or procedures may be critical for identifying health problems in patients. However, when carried out unnecessarily, the patient incurs unwarranted financial, physical, and emotional burdens.

Reasons for Unnecessary or Overtreatment

When doctors and surgeons recommend unnecessary treatments or surgeries, it may be a result of a misdiagnosis . Doctors may have read lab results incorrectly or mistakenly diagnosed a serious condition. In this case, the doctor mistake was unintentional, but still negligent. Even worse, some health care providers look to increase profits at the patient’s expense by performing unnecessary treatments and tests.

Consequences

As noted, ordering these unnecessary treatments, surgeries, or procedures can incur unnecessary burdens on the patient. Doctors or medical facilities that frequently order unnecessary tests increase the chances of finding a false positive in a healthy patient, which leads to more unnecessary procedures. When patients undergo surgery, they risk further complications when they may not have needed invasive procedures in the first place. The dangerous complications of operations can include infections, blood clots, loss of limb, paralysis , breathing problems, anesthesia-related injuries, and more.

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Blood Clots and Medical Negligence

Mon, 24 Feb 2020 17:46:00 GMT

A doctor’s medical negligence could cause a patient to develop potentially life-threatening blood clots.

Normal blood clotting function is essential to keeping the body healthy and repairing itself after a physical injury, such as a cut. However, blood clots can also form, break off, and ultimately restrict blood flow to other parts of the body. In such an occurrence, also known as Deep Vein Thrombosis (DVT), the clot can lodge in vital organs and cause irreparable damage. An example of a serious condition brought on by DVT includes when a clot blocks a blood vessel in the lungs, also known as pulmonary embolism. A pulmonary embolism can be life-threatening. Some people tend to be more at risk for this dangerous condition, so it’s up to the healthcare professional to monitor, recognize, and treat the patient accordingly to reduce their chances of developing DVT. Otherwise, the doctor’s medical negligence can cause serious injury, and in some cases, death .

Risk Factors for Blood Clots

Individuals are at a higher risk for DVT. Those who are a ge 50 and over, are overweight or obese, are pregnant or in the first six weeks postpartum, are at the highest risk. Doctors generally prescribe blood thinners to high-risk patients to counteract the formation of dangerous blood clots.

Standard of Care

Doctors must try to deliver a standard of care when faced with patients, high-risk or not, who will undergo surgery and may develop DVT. A typical case concerning blood clots and surgery may call for the doctor to have prescribed blood thinners, inquire about the patient’s history for DVT, direct the patient to move as soon as possible post-surgery, and other lifestyle changes. The appropriate standard of care varies from case to case.

Proving Medical Negligence

To establish a medical professional was negligent and therefore caused a patient to suffer DVT, one must prove the professional breached the standard of care. Working with aggressive medical malpractice attorneys and their team of medical experts is a crucial component in establishing a strong case to be brought against the negligent doctor or the hospital. The patient should be able to recover the cost of medical bills, lost wages, pain, and suffering for the harm they sustained under an incompetent doctor’s care.

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Why Attorneys Decline Medical Malpractice Cases

Mon, 17 Feb 2020 01:03:00 GMT

Unfortunately, sometimes we review potential claims and are unable to take on the medical malpractice cases. Learn more about these circumstances.

At The Law Offices of Cardaro & Peek, we are committed to helping people and their families secure compensation for medical malpractice claims. Unfortunately, sometimes we review a potential claim and are unable to take on the malpractice case. As a law firm that specializes in medical claims , we realize those that seek our help are potentially undergoing physical, emotional, and financial difficulties following their suspicions that they have fallen victim to medical malpractice. As difficult as it can be not to offer our assistance during this time, there are a few common reasons a firm will decline to take on malpractice cases.

You Waited Too Long to Talk to an Attorney

Multiple limitations dictate who can bring a medical malpractice case (i.e., on behalf of a family member) and when the case must be brought. Reviewing and preparing a potential case takes a lot of time. Before you can formally file an action, your lawyers need to obtain all the relevant medical records to examine the claim, get experts to review the information to confirm their theory of causation. If you first meet with lawyers at a time close to when the statute of limitations expires, firms may not have sufficient time to obtain necessary medical documents and evaluate your claim.

Causation is Impossible to Prove

Additionally, your claim may present significant difficulties in proving grounds for a medical malpractice case. Establishing causation is often the most difficult part of a medical malpractice case. In all medical malpractice cases, the burden is on the plaintiff to prove not just that medical malpractice occurred, but that it actually caused the injury.

For example, in the case of a delayed cancer diagnosis, the doctor did not “cause” the cancer. To prove causation in such a case, the patient must show that the patient’s prognosis, treatment or ultimate outcome are worse because of the delay. Almost all cancers require intense, long term medical treatment and also carry a significant mortality rate even if they’re properly treated from Day 1. As such, it is often difficult to establish that a patient would not have suffered the same result even if the cancer was diagnosed earlier.

Put another way, if you have stage IV cancer in October, but your doctor misses it and diagnosis is delayed until November, that is almost certainly a breach of the standard of care. But, because stage IV cancer is so severe, the 1 month delay likely did not change the ultimate outcome, and thus you cannot prove causation.

You Are Seeking Low Damages

Cardaro & Peek, like many other firms, only get paid when we win or settle your malpractice case. Our fees are contingent on a percentage of what our clients recover from verdicts or settlements, along with the amount to reimburse the cost of bringing the case in the first place (retrieving medical documents, getting medical experts to review, etc.). Coupled with the fact that taking on each case is a significant time commitment, it’s simply not cost-effective for a firm to take on every claim or case brought to them, especially if the damages are low.

You Don’t Have a Legitimate Case

Ultimately, some patients’ claims are simply not legitimate reasons to support a medical malpractice case. This can be difficult to hear, and no attorney likes to have this conversation. But, it’s an unfortunate reality of medicine that even when the doctors do everything right, the patient suffers a tragic outcome. The result could be one of the accepted risks of the treatment or procedure, or the patient’s own actions may have played a role in their injuries.

Filing a lawsuit against a health care provider is a serious undertaking and one that almost always takes a serious emotional toll on the health care provider. To uphold the sanctity of the law and the excellent reputation of Cardaro & Peek, we cannot pursue a case where its merit appears to be a “close call.” That is not to say that we do not take on challenging cases, but we must believe in the merits of the case in order to take on the risks associated with medical malpractice.

As noted above, Cardaro & Peek takes responsibility for advancing the expenses on behalf of our clients, and investigating a case is time-consuming and expensive. If we go forward with the case, proceeding with the claim is also a time-consuming and expensive job. As such, we can only take cases that we believe are strong.

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Did You Give Informed Consent Prior to Your Medical Treatment?

Mon, 17 Feb 2020 00:57:00 GMT

If a doctor attempts to obtain a patient’s informed consent in one of the following ways, there may be a medical malpractice case.

Doctors are required to secure a patient’s informed consent before they can perform certain medical procedures or give treatment. A competent adult patient has the right to decide what may or may not be done to them, including accepting and denying treatments. Before a patient can make that call, doctors are obligated to go over the potential risks, benefits, and any alternative courses of action with patients. Otherwise, patients did not truly give their informed consent to undergo dangerous procedures or treatment. If a doctor attempts to obtain a patient’s informed consent in one of the following ways, it raises questions as to whether the patient was adequately informed to give their permission, and there may be a medical malpractice case .

Securing a Signature, Without a Discussion

Documenting informed consent is exceedingly important, but it’s much more than obtaining a patient’s signature on paper. Doctors can’t carry out treatment until the patient gives consent — or informed refusal — yet the patient can’t provide an acceptable answer if they don’t fully understand the risks and complications associated with a recommended course of treatment. The law requires that the doctor discloses all pertinent information so the patient can make their informed decision, which is best done through a thorough conversation.

Not Following Protocol

As previously mentioned, documentation is essential. Doctors that fail to adhere to proper protocol in documenting the process can eventually find themselves in a medical malpractice case for not receiving informed consent, and with no proof to dispute it. These details should not be overlooked, such as getting witness signatures or dating the document.

Asking Incoherent Patients

Sedated patients and patients with altered state of mind cannot give informed consent. Since the authority to decide whether to go forward with treatment lies in the hands of the patient, they must be able to understand and assess their situation fully before giving informed consent.

Informed Consent for Each Serious Procedure

Informed consent must be obtained for each serious procedure before the doctor can proceed. When going over informed consent, in a detailed discussion, the doctor should go over various scenarios and complications that may occur during a procedure. That way, they will already have informed consent from the patient on what they can or cannot do should they encounter the very scenarios discussed beforehand. Failure to do so may constitute medical malpractice.

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Cancer Misdiagnosis: Lesser-Known Cancers

Mon, 10 Feb 2020 00:52:00 GMT

Learn why a cancer misdiagnosis is more likely to involve lesser-known or uncommon cancers.

An accurate and timely diagnosis of a patient’s condition is a crucial step in treating the patient. This is especially true when it comes to diagnosing cancer. The quicker treatment begins, the better the likelihood of a successful recovery. In many cases, when a medical professional does not recognize and treat cancer soon enough, chances for recovery significantly decline. Patients and their loved ones rely on the medical expertise of health care professionals to make the right diagnosis. When a cancer misdiagnosis does occur, it can lead to severe consequences, and perhaps medical malpractice . If you think that you or a loved one is a victim of cancer misdiagnosis, contact the lawyers at Cardaro & Peek today.

Misdiagnosis of Lesser-Known Cancers

Common cancers include breast, lung, melanoma, colon, and prostate cancer. These cancers can still be misdiagnosed, but cancer misdiagnosis is more likely to happen in cases involving the lesser-known or less common cancers. In such cases, doctors may not properly attribute a patient’s symptoms with cancer.

For example, Lymphoma is cancer of the cells that make up the body’s immune system, and often goes undetected for a long period of time. Why? The symptoms, e.g. fever, weight loss, fatigue, and night sweats, are also common in other, less severe conditions. The enlarged lymph nodes that characterize lymphoma are also present with the common cold or an infection.

It’s always a challenge for patients, physicians, and others in the healthcare industry to treat cancer. But when a patient is prevented f rom getting the treatment they need when they need it due to a misdiagnosis (or missed diagnosis), it allows treatable early-stage cancer to advance to late-stage or even terminal cancer.

Examples of Lesser-Known or Less Common Cancers

There are many less common, lesser-known, and rare types of cancer. Here is a list of a few cancers and their symptoms are often overlooked.

Sarcoma

An under-the-skin lump which may or may not be painful to the touch; Bone pain or an unexplainable broken bone; Abdominal pain.

Ovarian Cancer

Abdominal swelling or bloating; Cramps; Frequent urination; Sudden and unexplainable weight change (gain or loss).

Stomach Cancer

Indigestion; Nausea; Weight loss; Blood in stool or vomit; Sense of fullness.

Pancreatic Cancer

Jaundice; Loss of Appetite; Nausea; Weight loss; Diarrhea or constipation.

Liver Cancer

Similar to pancreatic cancer symptoms; Abdomen or shoulder pain; Abdominal swelling; Fatigue.

Gallbladder Cancer

Nausea; Fever; Weight loss; Jaundice; Vomiting.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Nurses and Medical Negligence

Mon, 10 Feb 2020 00:48:00 GMT

Our staff includes highly experienced nurses who can utilize their firsthand experience to evaluate and manage your nursing negligence case.

Nursing staff plays a critical role in monitoring patient care, as well as assisting physicians with administering treatments or procedures. However, just like other medical professionals who are entrusted to care for patients, nurses who act incompetently and make mistakes should be held accountable for their actions. Nursing negligence can be difficult to navigate, so it’s imperative to work with knowledgeable medical malpractice attorneys like those at The Law Offices of Cardaro & Peek . Our staff includes highly experienced nurses who can utilize their firsthand experience to evaluate and manage your case.

Standard of Care

When a medical malpractice case is brought against a negligent nurse, a patient must meet the same elements as other malpractice cases. A patient must first prove a nurse-patient relationship was in place and that the nurse failed to meet the required standard of care. If the nurse(s) performed their job in a way that does not meet the standard of care (i.e. the way a competent nurse in a similar situation would have provided care), the nursing negligence led to injuries, and the patient suffered damages as a result, there may be a case for medical malpractice against the nurse(s) at issue.

Nursing Negligence

Nursing negligence and malpractice can occur in many different situations. One unfortunately common example is a nurse failing to closely monitor a patient in their care and thus failing to notice something of concern. As a result, the physician may not be timely notified of a changing condition, or be able to administer critical care. Nurses who injure the patient with medical equipment or commit a medication error can also be held liable for nursing negligence. Nurses are typically in charge of administering the proper medication to the patient, with the correct dosage and at the right time. Failing to do any of those things can cause injury to the patient.

Expert Witness

If a case makes it to trial, an expert witness is usually required to establish the standard of care applicable to your case. The expert witnesses will testify what a competent nurse in a similar situation would have done, and why it would have avoided causing injury to the patient. Since we already have experienced nurses on staff, Cardaro & Peek is particularly well suited to handle nursing malpractice cases and find the best experts to help you get the compensation you deserve.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Birth Injuries Causing Cerebral Palsy

Mon, 03 Feb 2020 20:27:00 GMT

Birth injuries may have caused your loved one to develop cerebral palsy. This type of medical malpractice can severely impact a child and their family’s life.

According to United Cerebral Palsy, about 10,000 babies are born each year with cerebral palsy, and no cure yet exists for this disease. In some cases, cerebral palsy is due to a birth injury. Each case of cerebral palsy can differ in severity of symptoms, such as mobility issues and speech problems. Regardless, if your child is living with cerebral palsy following birth injuries, you have the right to seek compensation for medical malpractice. Below are some common birth injuries that may have caused your child to develop cerebral palsy. For a more detailed consultation, please get in touch with the attorneys at Cardaro & Peek .

Lack of Oxygen

When the baby’s brain does not receive sufficient oxygen before, during, or after delivery, it may cause brain damage. In cases where the brain damage is permanent, it can result in cerebral palsy. When healthcare providers are not able to recognize problems and provide solutions in a timely manner, they can be held responsible for medical malpractice. Common problems that can result from oxygen deprivation include:

Delayed C-Section and Breech Births

C-sections can be life-saving procedures during a complicated labor and/or delivery. However, opting for the procedure too late can cause brain injuries, other physical injuries, and even infant death. When complications are detected early on, delaying a C-section is dangerous to the health of the mother and child.

Injury from Delivery Instruments

Doctors will use delivery instruments like forceps and vacuums to guide the baby during the birthing process. These instruments are generally used on the baby’s head. As such, any mishandling can cause injuries like brain bleeds, fractures, or restricted blood flow.

Infections

If a doctor doesn’t realize that an expecting mother contracted an infection, or if the medical team fails to monitor the mother’s and baby’s vital signs during labor, cerebral palsy and other birth injuries can occur. If the unborn baby or infant contracts a serious infection, like rubella or meningitis, they can suffer inflammation to their brain. That inflammation can cut off an adequate supply of oxygen to the developing brain, leading to permanent brain damage.

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Common Signs of Nursing Home Neglect

Mon, 03 Feb 2020 20:15:00 GMT

What can nursing home neglect look like? Be aware of these common signs, and call Cardaro & Peek for legal assistance.

Entrusting a facility to care for your elder loved ones is a difficult decision. Unfortunately, many families are faced with the cruel reality that their loved one has been suffering at the hands of their caretakers . Maryland’s elderly residents are vulnerable . Facilities or staff that don’t have sufficient resources or training will often result in substandard care. Subjecting older adults to these conditions leads to both physical and psychological harm. Be aware of the common signs of nursing home neglect, and contact The Law Offices of Cardaro & Peek for legal assistance.

Poor Sanitation and Hygiene

If living conditions at the nursing home are unsanitary, that is a warning sign of potential nursing home neglect. Living areas, rooms, and bedding should be clean to provide not just a suitable living situation, but a comfortable one. If these basic amenities are lacking, then it’s likely that there are other issues with the facility.

Poor hygiene of the resident is another good indication of neglect. The staff and caretakers are responsible for assisting in the basic care of their patients. Elderly adults may need help with personal care, like bathing, brushing their teeth, and trimming their nails. The resident’s unkempt appearance hints that their everyday needs are not being tended to.

Malnutrition and Dehydration

Nursing home neglect also includes failure to provide basic needs like food and water. Understaffed facilities may not be able to provide residents enough meals or drinks. Sometimes, neglectful staff will even ignore or refuse requests for additional food and beverages.

Mobility Issues

Nursing homes should have programs in place to keep residents active for their muscular health. Neglecting to address elderly adults’ need to retain muscle mass and mobility can cause them to lose muscle mass and mobility faster than they should. Reduced or lost mobility is a common result of overlooking this area of their health, which can also lead to otherwise avoidable injuries.

Unexplained Injuries

If your loved one has unexplained injuries, it can be due to a neglectful staff. It’s likely the injuries are a result of the elderly patient trying to do tasks on their own because they could not receive help to do it. Attempting to do things without supervision or assistance can cause residents to put themselves in unnecessary and even dangerous situations that can result in injury.

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Potential Causes of Wrongful Amputations

Mon, 27 Jan 2020 20:10:00 GMT

Errors in diagnosis, surgery, or medical treatment can cause or result in wrongful amputations.

Undergoing the loss of a limb is a life altering event. What can make an already traumatic situation even worse is finding out the amputation was avoidable, and only occurred as a result of medical malpractice or negligence. In some cases, surgical amputation is a necessary procedure to save a life. In others, a partial amputation is required to preserve some function of a limb. Physicians often turn to amputation if an extremity cannot be saved due to a tragic accident or underlying disease or condition, such as diabetes or an infection. However, errors in diagnosis, surgery, or medical treatment can cause or result in a wrongful amputation. The lawyers at Cardaro & Peek can help you or a loved one recover damages as a result of a wrongful amputation.

Cause of Wrongful Amputation

There are many reasons that surgical amputations occur . For example, motor vehicle accidents are by far the most common cause for necessary surgical amputations. But, if a doctor acts negligently and it results in loss of limb to their patient, there may be a case for medical malpractice. A clear example would be amputating the wrong limb. Other common instances of malpractice resulting in a wrongful amputation are:

Another accompanying factor in wrongful amputations is often the patient’s lack of informed consent . Even if doctors believe an amputation is the best course of action, the patient and their family deserves to know all of the options before making the decision to proceed or not.

The Costs of Losing a Limb

Losing a limb under any circumstance will take a physical, mental, emotional, and financial toll on an individual and their family. Amputees can face damages, including pain and suffering, or reduced quality of life. Prosthetics, physical therapy, and additional care are expensive requirements following an amputation. The economic loss is often furthered by lost wages and earning capacity.

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Negligence in Pharmacy Practice and Medication Errors

Mon, 27 Jan 2020 20:08:00 GMT

Medication errors are particularly dangerous because they’re difficult to detect until adverse side effects start presenting themselves in a patient.

The term “medication errors” broadly encompasses a wide variety of negligence related to prescribing and administering medications. Unfortunately, medication errors are common in general practice and in hospitals. It is intuitive that prescribing the wrong medication could result in a problem — doing so can worsen patient conditions, create new issues, delay treatment, or in some cases, even cause death. Any step in the prescribing process can generate errors. Faults in dose selection, omitted transcription, and poor handwriting are common. What’s particularly dangerous about such errors is that it’s often difficult to determine if one has been a victim of medication error-related medical malpractice until adverse side effects start presenting themselves in a patient. If you or a loved one believes medication errors have impacted your life, speak to the experienced attorneys at The Law Offices of Cardaro & Peek today.

Prescription (Pharmacy) Error

All procedures related to prescribing drugs are potential error-generating steps. Due to the potential for error by multiple parties when dispensing medication to treat a patient, determining who was negligent is a necessary step. But, determining the source of the medication error can be a relatively straightforward task if all the documentation is in place.

Prescription errors are typically events that derive from simple mistakes at the pharmacy, such as writing a dose that is higher than the correct one because of erroneous calculation, or mixing up drugs due to similar names. A pharmacist’s roles and responsibilities can go beyond dispensing the prescribed medication, and vary from state to state. In Maryland, for example, pharmacists must offer to review and discuss prescription drugs with the recipient.

Prescriber (Doctor) Error

On the other hand, a prescriber error most often derives from an incorrect medical decision. A prescribing fault can arise from the choice of the wrong drug, the wrong dose, the wrong route of administration, the wrong frequency or duration of treatment, and also from inappropriate or erroneous prescribing in relation to the characteristics of the individual patient or co-existing treatments. It may also depend on inadequate evaluation of potential harm deriving from a given treatment.

Additionally, in the case of prescribing errors, inadequate feedback control or lack of cooperation between doctor and nurses can cause a chain reaction leading to an error down the line. Inadequate staffing, lack of skills and knowledge of relevant rules, tasks outside the routine, or taking care of another doctor’s patient have also been identified as conditions associated with prescribing faults.

What To Do

If you believe your medication is not helping or worsening your health condition, seek medical attention right away. If the pharmacy or physician notices the error before you, they must inform you of the mistake and take steps to monitor your health for adverse effects.

If you or a loved one has been harmed by a medication error, you should consider taking legal actions to recover damages caused by the negligent actions of the prescribing physician or pharmacy. Having solid documentation of the situation can help you strengthen your medical malpractice case. Be sure to document when the mistake was made or when the error was discovered. Determine how the mistake occurred and who was informed throughout the ordeal. If you can’t determine how the mistake happened, our team of medical experts at Cardaro & Peek can review your case and help find the answers to your questions.

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Common Cesarean Section Errors

Mon, 20 Jan 2020 17:51:00 GMT

Cesarean section errors can endanger the health of the mother or the baby. What are the grounds for medical malpractice if anything happens?

Like any other major surgical procedure, cesarean section errors can and do occur from time to time. The procedure is carried out for the safety of the mother and baby. However, if the procedure is carried out incorrectly or unnecessarily , that could be grounds for a medical malpractice case. To better understand your particular case and what your options are, please contact the experienced medical malpractice lawyers at The Law Offices of Cardaro & Peek .

What is a Cesarean Section?

A cesarean section, also called a C-section, is a surgical procedure used to assist in the delivery of a baby. The doctor makes an incision in the mother’s abdomen, cutting through the uterus to deliver the baby through that surgical opening. Some mothers choose this procedure and some are forced into it when labor is too long or complicated. Due to the many complications that can occur, the delivery team must be careful while delivering the child and closing up the incision afterward as to not cause undue injury or harm to both the mother and baby. Unfortunately, death of the mother is more likely for women who have a cesarean delivery than for women who have a vaginal birth.

Risks and Common Errors

Common cesareans section errors are unnecessarily carrying out the procedure, waiting too long to perform the procedure, and performing the procedure incorrectly. Sometimes, the complications come from the reason for the cesarean delivery, not the procedure itself. For example, if the mother is not sufficiently monitored and an emergency requiring a C-section occurs , there may not be time to get an epidural or spinal anesthetic (because these forms of anesthesia are complicated to get), and the doctors may resort to using general anesthesia. In these cases, complications can arise from the use of general anesthesia.

When carrying out the procedure, the doctor cannot afford to make mistakes. Common cesarean section errors can include lacerations to the mother’s organs or even the child, broken bones, and oxygen deprivation. The mother’s after-care is essential too. If the mother bleeds too much, it may cause a postpartum hemorrhage. This can happen when an organ is cut, the blood vessels aren’t stitched up completely, or there is an emergency during labor. It could also be caused by a tear in the vagina or nearby tissue, a large episiotomy, or a ruptured uterus. Some women have problems clotting blood. In these cases, it’s difficult to stop bleeding after any type of cut, tear, or bruise.

About 6% of deliveries result in postpartum hemorrhaging. Hemorrhages are emergencies, and should be treated immediately by a doctor. Furthermore, an improperly closed wound can lead to an infection. If bacteria are in the uterus, a cesarean delivery incision may result in endometritis (infection of the uterus). In short, there are a multitude of issues that can arise during a C-section, and if the doctors make a mistake, it can result in serious injury to the mother and/or the baby.

Such results can indicate a breach in the standard of care expected from your doctors. If any of the above injuries happened to you or a loved one, the injured mother may file a medical malpractice lawsuit against the responsible medical professional for the injuries sustained due to the malpractice.

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Negligence Can Result In Serious Personal Injury

Mon, 20 Jan 2020 17:43:00 GMT

Cases of serious personal injury always concern a negligent party. Learn more here.

When someone sustains a serious personal injury, negligent behavior is often the cause. Sometimes the individual that is injured is at fault, but sometimes it is another’s negligence that causes you harm. The acts that cause injury can be accidental or intentional. If you were injured due to another’s negligence, you deserve compensation for damages the other person caused you to suffer. To better understand your particular case and what your options are, please contact the experienced personal injury lawyers at The Law Offices of Cardaro & Peek .

Elements of the Claim

The elements of a personal injury claim are: duty of care; failure to exercise reasonable care ( negligence ); causation ; and the presence of damages. It can be easy to focus on the act that led to an injury. But, in order to understand what would be considered negligence, one must first consider the duty of care owed at the time. Then, one can assess the subsequent breach of that duty that caused the injuries.

Duty of care refers to the responsibility one person must take on to avoid causing harm to another. Different situations or relationships warrant different duties of care. For example, manufacturers or distributors owe a certain duty to their customers, and those who design a defective product that poses unexpected hazards have breached that duty. But the cashier who sold you the product does not owe you the same duty.

However, if you are going to the store to buy a product, and the store has an entryway where melting snow is common during the winter, the operator of the store has a duty to take care of the entryway in order to ensure that members of the public aren’t at heightened risk of injury. The manufacturer of the product you intended to buy would not owe you a duty in a slip and fall case. In cases of vehicular accidents , drivers are expected to follow the rules of the road. If one party is speeding and swerving because they’re trying to show off their new car, and then cause an accident and injuries to another person, they will have breached the duty owed to other drivers.

Proving Causation

Even if a party is injured and there is a breach of duty, you still must prove causation. Legally speaking, there are two types of legal “causes.” One is “cause in fact.” The second is referred to as “proximate cause.” Both must be proven by a plaintiff in a personal injury action. Cause in fact is often easy, defined as the “but for” cause, but proximate cause is more difficult. Proximate cause is based upon whether an injury could have been reasonably predicted, or foreseen, from the alleged act. Let’s look at two scenarios, using the vehicular example from the previous paragraph:

Scenario 1

Driver A is approaching a red light, because he is speeding he is unable to stop in time and hits Driver B’s car, causing Driver B a neck injury. It’s easy to prove that the injury would not have happened if Driver A did not speed, the injury would not have happened but for Driver A’s actions. In this scenario, proximate cause is easy too, if you’re speeding, it is foreseeable that you wouldn’t be able to stop at the same rate a law abiding driver would.

Scenario 2

Driver A is approaching a red light, and is unable to stop in time and hits Driver B’s car, causing Driver B a neck injury. An investigation reveals that Driver A was going slightly over the speed limit, but then his throttle system malfunctioned, causing him to accelerate instead of braking. Again, it’s easy to prove that the injury would not have happened if Driver A did not collide into Driver B. But in this scenario, even though Driver A was speeding, the proximate cause of Driver B’s injuries was the defective car parts. Driver A could still have a case, but it would be against the car part manufacturer, not Driver B.

These scenarios illustrate the difficulties that can arise in what seems like a simple case. In either scenario, the injured driver can seek compensation for medical bills, lost wages, and pain and suffering due to the negligent driver causing the neck injury. But it is important to contact an experienced personal injury attorney to ensure that you are suing the right party for the right reasons, and you get the compensation you deserve.

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Have you experienced a personal injury? If so, you may be entitled to compensation. Call The Law Offices of Cardaro & Peek, LLC today.

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Impact of Radiology Errors in Medical Malpractice

Mon, 13 Jan 2020 17:14:00 GMT

Radiology errors can lead to serious harm to the patient. Has your radiologist committed any negligent behavior?

Radiologists can cause injury to a patient when they fail to do their job correctly. The patient or their families can file a medical malpractice lawsuit against the medical professional if they believe their negligence resulted in a patient suffering an injury or death. Below is a look into what radiologists are responsible for and the consequences of radiology errors on patient care. If you feel that you or a loved one was a victim of medical malpractice, contact the lawyers at the Law Offices of Cardaro & Peek today.

What is a Radiologist?

Even if you have been to the hospital multiple times, you may not be familiar with radiologists. Radiologists are medical professionals who specialize in radiology, which is the study, diagnosis, and treatment of disease through medical imaging (e.g. CT scans, x-rays, MRI scans, sonograms, and ultrasounds). Often, a radiologist never actually interacts with patients, and instead interprets results of tests performed by technicians and then consults with a patient’s primary physician . Nonetheless, they play a vital role in delivering patient care. Like other medical professionals, radiologists must meet the standard of care when treating patients.

Radiology and Medical Malpractice

Patient care is a collaborative effort. Radiologists must communicate promptly and clearly with other physicians to deliver proper care. When miscommunications occur, the physician or patient may receive the wrong information. Further, they may experience a delay in obtaining the correct information as a result of radiology errors. A common error is when the radiologist issues a preliminary report with normal findings and a full report indicating a possible abnormality. In such a situation, the treating physician may never read the full report. Then, they proceed with treatment based on incorrect information. Some courts have held that this situation requires a radiologist to take affirmative steps. These steps make sure that the treating physician receives the correct information.

While radiologists are trained to interpret medical imaging, they can still make errors in their interpretation of the images. Consequently, this impacts the diagnosis they make. Misreading of imaging can cause serious harm to a patient. The National Institute of Health found that approximately 40% to 54% of radiology-related malpractice cases are from failure to diagnose. A 2013 study found that breast cancer was the most frequently missed diagnosis, followed by non-spinal fractures, spinal fractures, lung cancer, and vascular disease. When the radiologist makes errors, it can cause a patient to receive incorrect treatment, delayed treatment, no treatment, or aggravate their current condition.

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Medical Malpractice by EMTs and Paramedics

Mon, 13 Jan 2020 17:03:00 GMT

We rely on EMTs and paramedics to deliver emergency and life-preserving care. What can be considered negligence though?

When an accident occurs, or an emergency health issue arises, there are often “first responders” that try to manage the situation until a patient gets to a hospital. These first responders, such as EMTs and paramedics, are trained to give immediate emergency treatment upon their arrival at the scene up to when the patient’s care gets passed along to a hospital.

When EMTs and paramedics are responding to high-risk scenarios, it can be difficult to determine if it was an EMT or paramedic’s negligence that resulted in a patient’s injury or death , or if it was an unavoidable tragedy. You need to contact an experienced medical malpractice attorney to review the case. If you think that you or a loved one was injured by an EMT or paramedic’s negligence, contact the Law Offices of Cardaro & Peek , and let us help you with your case.

First Responders and their Responsibilities

EMTs, or emergency medical technicians, and paramedics are both first responders to medical emergencies and traumatic injuries. Both serve similar roles, but they are not identical. EMTs are entry-level patient care providers, while paramedics have higher levels of education and are therefore allowed to perform different lifesaving procedures. Once EMTs get to the scene, they assess a patient’s condition and can manage respiratory, cardiac, and trauma emergencies . Paramedics can administer mor e extensive prehospital care than EMTs. In addition to doing the tasks of EMTs, paramedics can give medications orally and intravenously. They can interpret electrocardiograms (EKGs) — which monitor heart function — and use other monitors and complex equipment.

EMTs and paramedics have many responsibilities. A few of their duties include:

If it can be proven that an EMT or paramedic deviated from the standard of care when carrying out their responsibilities, there may be a case for medical malpractice against them.

What Can Negligence Look Like?

When EMTs and paramedics perform below the level of care that a similarly skilled responder would have provided in a similar situation, it is considered medical negligence. These actions can manifest itself in various ways, including:

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What Does It Take to Prove Causation in a Misdiagnosis Case?

Mon, 06 Jan 2020 01:53:00 GMT

Proving causation is vital in your misdiagnosis case. Work with the lawyers at Cardaro & Peek to review your options.

Misdiagnosis is a general term referring to many types of incorrect diagnostic actions from a medical professional. The elements to prove a misdiagnosis case are similar to the general points one must prove in any medical malpractice case in Maryland. As such, certain conditions must have been met for diagnostic errors to be considered a valid case of improper patient care

What is Misdiagnosis?

A misdiagnosis is often thought of as simply an incorrect diagnosis— the doctor tells you that you have the flu, but you really have food poisoning. While doctors and other certified medical professionals are trained to make the right diagnoses, even highly-skilled doctors can make mistakes. Furthermore, the term “misdiagnosis” case can also encompass delayed diagnosis, missed diagnosis, or failure to recognize changing, i.e worsening, conditions. Sometimes, making one correct diagnosis means the doctor overlooked the need to make a second diagnosis of a different problem.

How Misdiagnosis Causes Harm

The failure to recognize and identify an ailment or condition, or discovering the information too late, can cause major roadblocks in a patient’s treatment. In some cases, misdiagnosed patients can experience worsening health conditions, and may suffer additional injury. Caregivers working with missing or incorrect patient information could mean wasted time and subjecting the patient to unnecessary and costly treatments.

Proving Causation

After proving that a doctor-patient relationship existed, and that the doctor’s behaviors were negligent and deviated from the standard of care, one must show that the doctor’s negligence caused the injuries and resulting damages to the patient. Proving causation is difficult in a misdiagnosis case since they must show that the injuries the patient sustained were far worse than it would have been if a correct diagnosis was made in the first place. The patient must prove a medical professional of similar specialty would not have made a misdiagnosis. Usually, an expert opinion is necessary to determine if a competent doctor would have made the same diagnosis, or if the misdiagnosing doctor followed correct procedures leading up to their diagnosis.

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Paralysis Caused By Medical Malpractice

Mon, 06 Jan 2020 01:49:00 GMT

Did medical malpractice play a role in your or your loved one’s paralysis injury?

Living with paralysis caused by medical malpractice imposes a significant physical, emotional, and financial strain on a victim and their family. No matter the precise cause of paralysis, if it occurred due to medical negligence, you can seek justice and compensation for suffering damage caused by the negligent medical professionals. Keep reading to learn more about the types of paralysis, and reach out to the Law Offices of Cardaro & Peek for further information and assistance.

Common Causes

In medical malpractice cases, paralysis is often brought on by an illness going untreated and/or negligent management of an existing injury. Common causes of paralysis include childbirth, misdiagnosis of injury, and surgical errors. When a doctor makes mistakes during these events, the resulting injury to the patient can cause paralysis. Mistakes during childbirth, for example, can cause nerve damage to the mother and/or brain damage to the child. During spinal cord surgeries, even the slightest error can cause the patient to become paralyzed.

Common Types

Paralysis is a general term used to describe the loss of movement ability or sensation to some part of the body. More specific terms help denote the severity of the condition and areas of the body affected. In your medical malpractice case, it will be necessary to assess the type of paralysis you or your loved one is dealing with to establish all the critical details of your lawsuit .

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Sustaining Brain Injuries Due to Medical Malpractice

Mon, 30 Dec 2019 01:43:00 GMT

Here are three instances of medical malpractice in which a patient can sustain brain injuries. Call Cardaro & Peek for further examination of your case.

Brain injuries can be separated into two categories: Traumatic and non-traumatic. Traumatic brain injury is where physical trauma or force penetrates, fractures, or otherwise impacts the skull or brain. Non-traumatic brain injury is caused by internal damage such as an infection or bleeding in the brain. Brain injuries can happen in an instant, like in car accidents, or slowly over time, as is the case with lead paint exposure. However, in cases involving medical malpractice, brain injuries are the direct result of improper care. Below are a few common causes of brain injury in the realm of medical malpractice. If you believe your loved one has suffered a brain injury following medical treatment, contact The Law Offices of Cardaro & Peek today.

Birth Injury

A birth injury can cause brain injuries and long-term damage to the child. During delivery, the excessive force with forceps or vacuum suction can hurt the infant’s skull and brain. Making the wrong call in not performing a C-section soon enough can cut off the oxygen supply to the baby’s brain, resulting in death. If the baby survives their birth injury, they can be left with conditions like cerebral palsy , which can alter their life and their family’s life. Getting compensation can help pay for the additional care and treatment required after such a serious injury.

Failing to Diagnose and Treat An Injury

If a healthcare provider fails to diagnose, recognize, and treat certain conditions or ailments the patient experiences under their care, it can lead to the patient sustaining brain injuries. Stroke, heart attack, and pulmonary embolisms can cause the patient to stop receiving blood flow or oxygen to their brain. Undetected brain tumors or blood clots can do the same. The longer the brain goes without oxygen, the more likely the person is to sustain long-term brain damage. The damage can manifest as cognitive, emotional, and behavioral changes, along with physical damages to the body, like paralysis .

Negligence During Medical Procedures

Improperly administering anesthesia or surgical errors can also lead to brain damage. In cases of anesthetic procedures, a too large of a dose or improper intubation can cause the brain to be deprived of oxygen. During neurosurgeries, if the surgeon makes a mistake, it can result in severe brain damage to the patient. The medical malpractice lawyers at Cardaro & Peek are dedicated to thoroughly examining your case to help you seek justice when these mistakes and injuries occur.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What Are Anesthesia Errors in a Malpractice Case?

Mon, 30 Dec 2019 01:37:00 GMT

Minor or severe, anesthesia errors can potentially cause irreversible or fatal injuries.

Anesthesia errors can lead to severe or fatal consequences. When these mistakes occur, the medical practitioner who administers or oversees the anesthetic procedure should be held accountable for their actions. As with several other medical malpractice cases , if you can prove the anesthesiologist or healthcare worker provided a less than acceptable level of professional care, which led to your injury and resulting damages, you may be able to bring a strong case of an anesthesia error. It’s imperative to work with an experienced malpractice attorney, such as those at The Law Offices of Cardaro & Peek, to receive compensation. Call our office to learn more about your options. Here’s what information you should know if you believe you or a loved one fell victim to an anesthesia error.

Types of Anesthesia

Anesthesia is used to manage the patient’s sensitivity or responsiveness to pain during certain medical procedures. Errors can occur when the care provider admits general anesthesia, regional anesthesia, and local anesthesia. General anesthesia is where the patient is put into an unconscious or semi-conscious state. Regional anesthesia is where a part of the patient’s body is anesthetized, but the patient can be conscious. Local anesthesia is where an even smaller portion of the body is anesthetized for a procedure.

How Anesthesia Errors Occur

Anesthesia errors can occur in many ways depending on when the anesthesia administrator acted negligently: before, during, or after. Failing to check if the patient is allergic or has a past adverse response to anesthesia can be negligent behavior. The patient should receive proper instruction on how to prepare for their procedure or how to handle their post-procedure care. During the process, administering the incorrect dosage of anesthesia is a major error. Too much can cause irreversible damage, while too little can cause the patient to regain consciousness or feeling in the middle of their painful procedure. After the patient is given the drugs , the anesthesiologist should constantly be monitoring the patient, and be able to recognize and respond to any distress.

Common Resulting Injuries

If the anesthesiologist demonstrated negligence during their duty of care, the patient could end up suffering injury. Some injuries may be minor, such as nausea, mental confusion, or pain. However, more severe injuries are known to include respiratory problems, damaged nerves, blood clots, paralysis , stroke, heart attack, brain damage, and even death. If a patient survives their injuries, they can still be left with life-long health impairments.

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Uninsured Vehicle Accidents and Lawsuits

Mon, 16 Dec 2019 20:51:00 GMT

What if you, or the other driver, are uninsured at the time of your vehicle accident? Call the personal injury lawyers at Cardaro & Peek to learn more.

In Maryland, you have to be wary of uninsured motorists on the road. You may be one of them, or you may find yourself involved in an accident with an uninsured motorist. When these unfortunate circumstances occur, what are some of your options? The trial lawyers at The Law Offices of Cardaro & Peek have extensive knowledge and experience in cases involving personal injury, including uninsured vehicle accidents. Below you’ll find a few things to keep in mind regarding an uninsured party in a motor vehicle accident.

If You Are Uninsured

While most states, including Maryland, require you to have car insurance, it is not uncommon for individuals to find themselves without or in between coverage. It can be especially unfortunate to find yourself involved in a vehicle accident while uninsured. In addition to paying out-of-pocket for any damages to you or the other driver, you can incur penalties from the state.

For example, if you are involved in any vehicle accidents, and the other driver is injured, they can sue you for their medical bill costs, lost wages, damaged property, and non-economic damages like suffering. Furthermore, unless you try to defend yourself in court, you’ll need to hire a lawyer to represent you and pay for that out-of-pocket, as well.

If The Other Driver is Uninsured

What if the situation were the reverse, and the other driver was uninsured? If you have insurance, you will utilize uninsured motorist coverage. Maryland law requires that you purchase uninsured /underinsured motorist bodily injury liability insurance that covers at least $30,000 in damages per person injured, with a minimum of $60,000 per accident, and property damage liability coverage minimum of $15,000. Depending on the damages, if the other driver is uninsured, you may defer to your own insurance company to protect you and cover the costs. Similarly, if the other driver’s insurance coverage does not cover all the damages to you or your property, then you can defer to your underinsured motorist coverage to make up the difference. However, if you suffer serious injury, the u ninsured /underinsured motorist coverage may not be enough .

Suffered Serious Personal Injury?

In Maryland, you may be able to file a lawsuit against an uninsured driver for any serious personal injury done to you by the vehicle accident. However, proving that they were at-fault for an accident does not guarantee you can collect compensation for the judgment against them. Speaking to the experienced attorneys at Cardaro & Peek can help clarify your options if insurance does not cover the extent of your personal injuries sustained.

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Have you experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Wrongful Death Limitations in Maryland

Mon, 16 Dec 2019 20:47:00 GMT

Be sure to understand the limitations to a wrongful death lawsuit in Maryland. Learn more here.

Filing a wrongful death claim can be the first of many steps to recover from the grief of losing a loved one. In Maryland, the law permits an action to be maintained “against a person whose wrongful act causes the death of another.” The wrongful death statute defines a wrongful act as “an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” The wrongful death statute allows the surviving family to be compensated for economic and emotional damages suffered due to the death of their loved one. Whether the case gets taken to court or the claimants reach a settlement , there are some limitations to be aware of in the state of Maryland. If you are seeking some relief from the harm wrongful death has caused your family, call The Law Offices of Cardaro & Peek for further assistance.

Only Certain Family Members Are “Wrongful Death Beneficiaries”

An important limitation on wrongful death actions concerns who is able file a lawsuit. Wrongful death actions can only be brought on by “wrongful death beneficiaries.” This typically includes only the spouse, parent(s), and child/children of the deceased person. Of course, there is no limit to the number of proper wrongful death beneficiaries, you simply have to fall under the statutory definition. In rare cases, where there are no living spouse, parent, or child, another family member may be able to file the lawsuit. However, they must prove they are related to the deceased by blood or marriage, and that they were dependent on the deceased individual.

Statute of Limitations

Another critical limitation is the statute of limitations imposed on filing the lawsuit. The wrongful death beneficiaries must file a wrongful death lawsuit within three years of their loved one’s death, or risk being barred from recovery. In situations where an occupational disease caused the wrongful death, there are a different set of limitations. The claimant should file within ten years of the wrongful death, or three years from when the disease was identified as the cause of death.

The Non-Economic Cap on Damages

Like a medical malpractice case , wrongful death limitations also have non-economic caps to damages recovered. The damages recovered and compensation to the family members should be proportional to the injury brought onto them by their loved one’s wrongful death, including emotional distress and trauma. Still, there is an upper limit to how much the claimant can receive on these bases. The cap for your case will depend on the year of death. For example, the cap for a death that occured in 2018 is $860,000 in the state of Maryland. However, if you have more than one beneficiaries bringing on the case, the cap may increase.

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Birth Injuries Caused by Medical Negligence

Mon, 09 Dec 2019 20:44:00 GMT

Did you or your child suffer an avoidable and preventable birth injury during delivery?

A medical professional’s actions, or inactions, can cause harm to an infant before, during, and/or after their birth. Birth injuries or birth traumas can impact the mother, the newborn child, or both. The injury and resulting pain and suffering can follow the child for years, possibly impacting them for the rest of their life. It’s important to be aware of the common birth injuries that can occur during labor and delivery and to recognize if medical negligence was at play. Families can then take the necessary actions to receive some compensation for birth injuries. If you or a loved one has suffered from a birth injury, contact the experienced attorneys at Cardaro & Peek to discuss your claim.

Birth Injuries

Preventable and avoidable injuries often come from improper delivery methods or failing to detect and treat birth complications. An infant can sustain injuries like facial bruising, fractured clavicles, paralysis , or head/brain injuries when doctors use too much force or improperly use forceps and vacuum extraction tools during delivery. These injuries can be temporary, but are often long-term.

Healthcare professionals should recognize situations and react appropriately throughout the pregnancy and delivery process to ensure the health of the mother and child. High-risk pregnancies should be identified and disclosed early to plan for specialized care. If a C-section procedure is necessary, failing to order or delaying the procedure can result in birth injuries to the infant.

The trained medical staff should also appropriately and closely monitor the child following the delivery. For example, a leading cause of severe illness and death in newborns is meconium aspiration syndrome. This occurs when a newborn breathes a mixture of meconium (the first feces, or stool, of the newborn) and amniotic fluid into the lungs around the time of delivery . Conditions such as meconium aspiration syndrome and others like it must be treated promptly to prevent the child from contracting pneumonia or other fatal outcomes.

Unavoidable, But Not Birth Injury

Circumstances out of the mother’s or the medical staff’s hands can occur which lead to injury, but would not be considered grounds for a birth injury case. Delivering a large baby or the mother’s small birth canal poses an unavoidable risk for injury. Furthermore, genetic mutations, gestational diabetes, and gestational anemia are some other unavoidable conditions that can lead to birth injuries but usually don’t apply to a birth injury claim.

Medical Negligence

It is impossible for anything to completely erase for the suffering or distress birth injuries have on a child and their family. Still, healthcare professionals should be held accountable for medical negligence that may have impacted the prenatal care or labor and delivery process. If you feel that you or a loved one has been a victim of medical negligence, it is important to speak with an experienced attorney. The attorneys at Cardaro & Peek can help get you the compensation you deserve to cover rehabilitative treatments and expenses following the birth injury. In addition to the help it can provide your family, by bringing negligent medical care to light, your case may cause change to the hospital’s policies and procedures, preventing future negligence from affecting another family and their child.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Why is Lead Paint Poisoning a Personal Injury Case?

Mon, 09 Dec 2019 20:41:00 GMT

Whether a case of negligence or intentional harm, lead paint poisoning is a serious personal injury issue. Call our offices today to review your options.

Lead paint poisoning or exposure can result in several health complications. While many types of personal injury cases can lead to unfortunate scenarios, lead paint poisoning is one of the more serious claims. Victims can and should be compensated for their losses as a result of the dangerous lead paint exposure. If you discover lead paint in your home or believe you or a loved one has sustained lead paint poisoning, speak to the personal injury lawyers at The Law Offices of Cardaro & Peek right away.

Personal Injury

Personal injury claims are successful when the plaintiff can establish duty, liability, causation, and damages in their case. While some cases can involve intentional harm, more often it is a matter of negligence that results in an injury. Establishing a personal injury claim requires proof that the faulty party owed and failed to meet a duty of care, those faulty actions directly caused injury or losses, and the damages sustained were a result of those injuries or losses. These elements of the personal injury case look very similar to a medical malpractice case.

In lead poisoning cases, a negligent property-owner, such as a landlord, the individual/entity that sold you the property, or an employer running a workplace, could be the party at fault and might be liable if they do not take appropriate measures to remove the lead source. Further, they can be liable for a personal injury case involving lead exposure if they fail to disclose a potential source of lead on the property or working environment.

Effects of Lead Paint Poisoning

Lead poisoning affects the nervous and reproductive systems in humans. The observable symptoms and long-term effects in a person can vary depending on the amount and frequency of lead exposure. However, be aware that children are likely to suffer lifelong developmental problems from lead exposure. Symptoms can present themselves early or be delayed depending on the circumstances surrounding lead exposure. Headaches, lethargy, abdominal pain, kidney problems, sleeping problems, and behavioral changes are just some of the signs to look out for if you suspect lead paint poisoning.

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Certificate of Qualified Expert in Maryland Medical Malpractice Cases

Mon, 09 Dec 2019 00:19:00 GMT

Don’t forget the Certificate of Qualified Expert when filing for a medical malpractice lawsuit in Maryland. Cardaro & Peek can help.

In Maryland medical malpractice cases, the plaintiff must complete a crucial step before the malpractice claim can go to court. In the proper procedure, they must obtain and submit a Certificate of Qualified Expert , also called a certificate/affidavit of merit. If you believe you or a loved one are a victim of medical malpractice in the Baltimore area , work with the experienced lawyers at The Law Offices of Cardaro & Peek to work professionally and diligently to prove your case. Here’s a breakdown of an affidavit of merit in Maryland medical malpractice.

What is a Certificate of Qualified Expert (“CQE”)?

Also known as a certificate/affidavit of merit, a CQE is a signed and sworn statement from a medical expert witness stating the claim is legitimate and meets the requirements to prove wrongdoing by a medical professional. Essentially, the CQE helps to lower the probability of frivolous lawsuits and strengthen the plaintiff’s case. In the statement, the expert shows that they are in the same medical field as the one the defendant practices, they have reviewed the case, and in their expert opinion, they found the defendant’s actions to breach the medical standard of care in the given circumstances.

Who Can Sign the CQE?

The expert witness who signs the affidavit does not also need to be the testifying expert if your Maryland medical malpractice claim gets heard in court. In Maryland, a qualifying medical doctor who can sign the CQE must have clinical experience, consult in the related clinical field, and work in the same specialty as the defendant who failed to provide the standard of care to the plaintiff.

What if I Don’t File a CQE when I make my claim?

In some circumstances, an extension can be granted without jeopardizing your Maryland medical malpractice claim. But, to avoid any procedural trouble, it is helpful to file both the CQE and the claim together. The statute of limitations on medical malpractice cases in Maryland is three years from the injury, or from the time the injury was discovered. Finding an expert for your particular situation can be time consuming. For that reason, it is important to work with your malpractice attorney to see this process through and ensure all necessary requirements are met to pursue your claim.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Wrongful or Early Discharge: Hospital Negligence

Mon, 09 Dec 2019 00:16:00 GMT

A wrongful or early discharge from the hospital can lead to serious harm to the patient. What are your next steps?

A wrongful or early discharge from the hospital can seriously harm a patient. When a patient leaves the hospital too soon or before they are stable enough to go home, it can cause a current injury to worsen or create a more serious injury. If you believe that either yourself or a loved one sustained injuries, such as worsened health conditions, due to a wrongful or early hospital discharge, you may have a medical malpractice case. Contact the experienced Medical Malpractice lawyers at The Law Offices of Cardaro & Peek to seek further information.

Wrongful Discharge-Generally

In some cases, if the doctor deviated from the standard of care , that could be the underlying reason for the wrongful discharge. If a similarly-skilled healthcare provider/professional would have taken different actions under the same or a similar situation, then the standard of care might not have been upheld, and you may be able to prove hospital negligence. The victim of a wrongful discharge case may not have received a proper diagnosis or treatment for their ailment, which leads to further injuries and damages.

Early Discharge

Oftentimes, doctors discharge individuals because the individual appears to be stable enough to go home, but in reality the patient is suffering. Early discharge can happen to any patient, but a large number of early discharge cases involve infants . The American Academy of Pediatrics recommends keeping infants in the hospital for the first 48 hours after their birth, and longer if the infant experienced complications. In often overcrowded and understaffed emergency rooms, healthcare professionals try to see everyone quickly and get them out the door to free up space for the next patient. In this setting, early discharge victims may not have received the right medical tests before hospital discharge, or the physician failed to ensure they were medically stable before leaving the hospital’s care.

What Can You Do?

Similar to any other medical malpractice lawsuits, wrongful discharge claimants must prove a doctor negligently deviated from the standard of care. Additionally, the patient must prove his or her condition worsened and they suffered injury as a result of the wrongful discharge from the hospital. You must speak immediately with a medical malpractice lawyer to establish your case . The lawyers and their team of medical experts will assess your situation to determine whether the standard of care was breached. During this time, they can work with you to carefully layout how the wrongful/early hospital discharge resulted in more harm to the victim. While it varies from case to case, one can usually expect to recover damages for medical bills, lost income, or pain and suffering.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Are Opioid-Related Medication Errors Considered Medical Malpractice?

Mon, 02 Dec 2019 00:13:00 GMT

Overprescribing is a serious opioid-related medication error. So, do you have a medical malpractice case?

Pain medication addiction and opioid-related medication errors are a very real problem impacting individuals and their families across the United States. In most cases, when patients are prescribed medication as part of their pain management, it is for easing the discomfort of patients. However, without the proper instructions or necessary follow-up actions from the prescribing physician, the situation can turn severe. A doctor who negligently prescribes or administers medication may be held liable. Keep reading to learn more about opioid-related medication errors. Please reach out to The Law Offices of Cardaro & Peek for further assistance in your case .

The Current Opioid Crisis

Information provided by the National Institute on Drug Abuse shows more than 130 people in the U.S. dying from an opioid overdose every day. Opioid-related medication errors involve prescription pain relievers, heroin, and synthetic drugs like fentanyl. In some cases, people were given pain medication as part of their healthcare treatments, but they develop a dependency that turns into an addiction.

The Doctor’s Liability

Improperly treating patients with pain medication can happen in many ways. Opioid-related medication errors might include wrongly prescribing pain medication, overprescribing opiates, administering the wrong amount (which can lead to an overdose), or not asking about a patient’s history with drug addiction or substance abuse. If a doctor fails to recognize or respond to signs of the patient’s drug addiction, the doctor can be liable for medical negligence or malpractice as a result. Not referring the patient to long-term pain management treatment as an alternative to continuously prescribing medication, or not referring soon enough, could also indicate negligence.

Do I Have a Malpractice Case?

If you or a loved one were over-prescribed opioids, and the doctor failed to take appropriate steps in response to the pain medication addiction, the prescribing doctor should be held responsible for their negligent actions. Opioid dependence can lead to dangerous opioid addiction and possible overdose. As with most medical malpractice cases , four significant elements must be proven. These elements are: a doctor-patient relationship existed, the doctor was negligent of their patient’s care, that negligence resulted in injury, and that the patient suffered damages from those injuries. The Cardaro & Peek team is equipped with the medical and legal knowledge to assess your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Hospital-Acquired Infections as Medical Negligence

Mon, 02 Dec 2019 00:10:00 GMT

Hospital-acquired infections can be a sign one was treated with medical negligence. Learn more here.

Hospitals contain a variety of patients, some injured, some sick. Sometimes, a patient can contract an infection while in the hospital for an unrelated reason. If you or a loved one has suffered due to a hospital-acquired infection, speak to the lawyers at Cardaro & Peek today about medical negligence.

What is Considered a Hospital-Acquired Infection?

Hospital-acquired infections are infections patients contract during their medical or surgical care/treatment. The disease must not have been previously identified before being admitted for care, but acquired while under the healthcare provider’s responsibility. These can be viral, bacterial, or fungal infections that can be caught while in a hospital, clinical office, long-term care, or other healthcare-related settings.

How Hospital-Acquired Infections Can Occur

Some weaker patients may be more susceptible to infections and disease than others, including the elderly and children . However, the hospital or other care settings should take the necessary measures to ensure a sterile and safe environment to prevent infections, such as MRSA . Anything less could be grounds for medical negligence. Other common infections that can develop with improper care include urinary tract infections, surgical site infections, lung infections, and bloodstream infections. Infections spread when objects or people expose another person to the pathogens causing the infections. Inadequate training to hospital staff may cause the transmission of infectious agents to patients. If there are protocols in place to reduce this occurrence, and the protocols weren’t followed, then the hospital staff might be liable for medical negligence.

Consequences of Infection

The Centers for Disease Control estimates that in American hospitals, hospital-acquired infections make up 1.7 million infection cases and contribute to 99,000 related deaths each year. As a result of contracting infections, people receive longer hospital stays, which putting themselves at more risk and incurring higher medical costs. Longer recovery times also mean lost wages if they must stay away from work.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Malpractice Cases: Settlement Versus Lawsuit

Mon, 18 Nov 2019 22:54:00 GMT

The attorneys at Cardaro & Peek can assess your medical malpractice case to determine if seeking a settlement or lawsuit is the better course of action.

If you or a loved one has been impacted by medical malpractice, you are entitled to receive compensation. Firstly, you should seek the counsel and representation from the right medical malpractice lawyer . Your unique medical malpractice case requires the expert knowledge only experienced lawyers and medical experts can offer. Once the investigation of the incident is completed, most people can have their malpractice cases resolved in two ways: either through a settlement or a lawsuit. Read on to learn more about these two approaches to receiving compensation for medical malpractice.

Do You Have A Medical Malpractice Case?

The injuries or damages sustained from wrongful or negligent treatment may seem like grounds for a medical malpractice case. However, the attorney needs to review the individual case to determine if the situation can be considered as a medical malpractice case. Doing this requires proving a few key elements , including a doctor-patient relationship, the doctor was negligent, the negligence resulted in injuries, and damage was suffered as a direct result of those injuries.

Your attorney can assess the case and present different courses of legal action.

Out-Of-Court Settlement

Negotiating a settlement out-of-court is common for most cases. Over 95% of malpractice claims end in settlements. Claimants are not guaranteed to have more favorable results or get a more substantial award if they take their medical malpractice case to trial. A 2013 study found the average out-of-court settlement amounted to $425,000, but due to the multitude of variables in each individual claim, the compensation awarded varies significantly case by case.

A Lawsuit and Going to Trial

Filing a lawsuit does not mean that your case will go to trial. It is just the first step in a long process, and should be done as soon as possible, to ensure the statute of limitations on your case does not expire. Depending on the circumstances, your attorney may believe your case has the potential to go to trial. If so, be prepared to wait. It can be anywhere between a few months to over a year before your case will be heard in court. Many final verdicts have been found to favor the healthcare provider, as much as 79.6 percent of cases between 2002 and 2005. However, awards for patients that were favorable verdicts in 2013 averaged more than $1 million. Of course, plaintiffs should be aware that there is a medical malpractice cap for seeking compensation for non-economic damages in a medical malpractice case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Laboratory Errors Impact Medical Treatment

Mon, 18 Nov 2019 22:50:00 GMT

Do you know how laboratory errors can lead to patient injury? Call The Law Offices of Cardaro & Peek for legal assistance.

Over 13 billion tests are performed in certified clinical laboratories in the U.S. each year. Medical tests can be carried out for routine checkups, monitoring health conditions, or for testing for specific diseases or disorders. When medical tests are carried out incorrectly, and laboratory errors occur, it can have dire consequences on the subsequent treatment of a patient. This type of medical malpractice can result in a delayed or wrong diagnosis. Further, patients can undergo unnecessary care treatments and pay extra costs. Read on to find out more about laboratory errors, and contact the medical malpractice lawyers at Cardaro & Peek to assist you with your case.

Examples of Laboratory Errors

Laboratory errors and malpractice can occur when a medical professional mistakenly performs tests, or when they misinterpret, misrecord, or misreport test results. Patients may be affected by laboratory errors if incorrect tests are run, a patient’s information gets lost or confused with another patient’s information, and if the test results are delayed. Ultimately, laboratory errors can mislead other care providers since they are administering treatments working from wrong or incomplete patient information.

Delayed Treatment

If a patient does not receive the correct test results, or there is a delay in completing the tests, this can result in delayed treatment. Time-sensitive conditions, such as having untreated abnormal growths, can turn into more serious issues, like developing malignant tumors, and cause other health complications. Delaying treatment can cause the patient’s condition to worsen, sometimes at an accelerated rate.

Not Receiving Correct Treatment

There are many reasons why receiving improper treatment is harmful to a patient, but two stand out from the rest. First, receiving inadequate treatment further delays receiving the correct care. Second, receiving inadequate treatment can potentially cause further complications to the patient’s current condition. Receiving incorrect treatment causes patients and their loved ones to wait for improvements that may never come. Further, the wrong treatment might incur other errors, such as being given dangerous, unnecessary medications .

Receiving Unnecessary Treatment

Undergoing unnecessary treatment as a result of laboratory errors can have similar consequences as not receiving the correct treatment. Additionally, receiving ineffective treatments can incur high costs and cause undue patient distress due to the invasive nature of many procedures.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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The Dangers of Elder Abuse in Maryland Nursing Homes

Mon, 11 Nov 2019 22:46:00 GMT

Check in with your loved ones and recognize any possible signs of elder abuse or neglect.

According to the National Association of Nursing Home Attorneys, an estimated 5 million elders are abused each year. Furthermore, approximately 1 in 10 Americans aged 60 and above have experienced some form of elder abuse. The rates of abuse are higher for individuals living in nursing homes or other care facilities. If you believe your loved one has experienced abuse in a nursing home, contact Cardaro & Peek for legal assistance.

Elder Abuse

According to the Administration on Aging, elder abuse is defined as, “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.” Elder abuse is not limited to just physical abuse. The Centers for Disease Control and Prevention stated that the most common forms of elder abuse also includes sexual, emotional, and financial abuse, as well as neglect. Emotional elder abuse is a growing problem in nursing homes across the country.

Elder Neglect

Neglect occurs in many forms, but it is generally defined as a failure by the caregiver to fulfill the obligations related to the elder’s care. When an older person moves into a nursing home, he or she requires a variety of different types of care depending on their physical and mental health. Common types of elder neglect include denial of needs, refusal to complete hygiene tasks, and refusal to provide medical care.

Why is Elder Abuse so Dangerous?

Whether you are a victim of elder abuse or you suspect that your loved one may be, it’s important to report the incident as soon as possible. Nursing home abuse is commonly unreported, and the victim and their families suffer as a result. Nursing home residents deserve to receive the best care that can possibly be given to them in their place of residence. They should not have to worry about physical abuse, emotional abuse, or neglect. You do not need to have substantial proof of abuse to make a report.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Seeking Damages for Emotional Distress in a Medical Malpractice Claim

Mon, 11 Nov 2019 22:43:00 GMT

Medical malpractice often results in significant emotional distress, not just physical injuries.

Patients and their families can suffer immensely when a physician fails to adhere to the standard of care. When medical malpractice occurs, the patient is subject to a variety of injuries, both physical and emotional. You may already know that a patient can recover damages from medical malpractice to cover medical expenses and lost wages, but can a patient recover for emotional distress? The answer is yes, and it is more common than you might believe. Read on to learn more about emotional distress damages in medical malpractice claims.

Non-Economic Damages

Non-economic damages provide compensation for losses that are difficult to quantify, such as emotional distress. In most jurisdictions, “pain and suffering” will represent a large portion of a plaintiff’s non-economic damages. “Pain and suffering” refers to both physical and mental anguish. Mental anguish may include loss of enjoyment of life, emotional distress, anxiety, and more. In Maryland, there is a cap on the non-economic damages that a plaintiff may recover. There is a different cap for claims that involve a wrongful death. The cap goes up every year, but the cap amount applicable to your case is based on when the incident occurred. For example, if the medical malpractice occurred on October 1, 2018, the limit in place would be $800,000. If the case involved a wrongful death claim with two or more beneficiaries, the cap would be $1,000,000 .

Emotional Distress Damages

Emotional distress is a broad term that applies to a variety of symptoms. Patients who suffer from psychological pain due to medical malpractice may experience sleep loss, fear, depression, anxiety, humiliation, and more. The symptoms vary from patient to patient. Aside from medical testimony, any other documentation of your emotional distress can be helpful for your case. A daily journal of your feelings can serve as evidence to your claim, as well as corroborating statements from family and close friends.

The Importance of Non-Economic Damages

As a victim of medical malpractice in Maryland, you deserve to be compensated for the emotional damage caused by a physician’s negligence. According to the Centers for Disease Control, mental illness increases the risk of many types of physical health problems. Mental and physical health are both important components of overall health. It’s not enough just to receive compensation for your physical injuries. You deserve compensation for any emotional distress you may experience.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Do I Have a Product Liability Claim?

Mon, 04 Nov 2019 02:43:00 GMT

There are three types of product liability lawsuits. Call the Law Offices of Cardaro & Peek for legal assistance.

In Maryland, defective consumer products fall in the realm of products liability claims. A product liability lawsuit typically involves injuries caused by a defective product or other consumer products. Read on to learn more about products liability claims, and call the attorneys at Cardaro & Peek for assistance with your products liability claim.

Types of Product Liability Lawsuits

There are three different types of product liability lawsuits that can be brought against a defendant: negligence , strict liability, and breach of warranty. A plaintiff is not limited to just one of these theories of recovery, and may file a complaint seeking recovery based on multiple theories.

Under the negligence theory, a plaintiff must show that the seller/manufacturer failed to manufacture the product in the way that a reasonably prudent manufacturer would have. This can include the failure to place adequate warnings of potential dangers on the product.

Under strict liability, a plaintiff can bring a product liability claim, regardless of whether the defendant was negligent. Instead, a plaintiff must show that the product was defective. In a strict liability claim, the plaintiff has the burden to prove that the product in question was defective when it left the seller/manufacturer’s control, the product was unreasonably dangerous, the product’s defect caused the injury, and the seller/manufacturer owed a duty to the plaintiff.

Under breach of warranty, a plaintiff can bring a lawsuit if the product fails to adhere to a listed warranty and causes an injury. With every purchase of a product, there are certain express and implied warranties regarding its quality and safety. If a particular product is unsafe, it may constitute a breach of these warranties.

Recoverable Damages

If you believe that you have a valid product liability claim, you may be able to recover several different types of damages. Compensatory damages cover any economic loss caused by the injury, including past and future medical expenses or lost wages. Loss of consortium compensates plaintiffs for the effect that the injury has on their relationship with their spouse. Your spouse may recover loss of consortium damages even if the defective product did not harm him or her physically. Punitive damages are meant to punish defendants, and occur when a defendant’s conduct is so outrageous and willful that the courts want to offer a disincentive for others to engage in similar conduct in the future. Of course, a plaintiff may also recover non-economic damages such as pain and suffering.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a defective consumer product? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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Stroke Misdiagnosis is Greater Among Women, Minorities, and Younger Patients

Mon, 04 Nov 2019 02:40:00 GMT

Did you know some patients are at greater risk of a stroke misdiagnosis? Any misdiagnosis can have dire consequences.

According to a 2014 study from John Hopkins, ER doctors commonly miss more strokes among women, minorities, and younger patients. By analyzing federal health care data, a team of researchers from Johns Hopkins concluded that physicians overlook the early signs of potentially disabling strokes in tens of thousands of American patients each year. Read on to learn more about stroke misdiagnosis, and call the medical malpractice lawyers at Cardaro & Peek for assistance with your medical malpractice claim.

Stroke Misdiagnosis in Maryland

Maryland medical professionals are trained to recognize and identify the symptoms of a stroke. Medical malpractice occurs when a medical professional deviates from the standard of care that another physician would have met in the same circumstance. Examples of stroke-related malpractice include failure to prevent, failure to treat, and misdiagnosing a stroke.

High-Risk Patients

The findings from the John Hopkins medical review reported that women, minorities, and people under the age of 45 were far more likely to be misdiagnosed in the week before sustaining a stroke. According to the study, younger people were almost seven times more likely to be misdiagnosed and sent home without treatment. Women were 33% more likely to be misdiagnosed, while minorities were 20-30% more likely to be misdiagnosed. The study suggests that gender and racial disparities may play a role in stroke misdiagnosis.

Stroke Misdiagnosis Statistics

According to the Centers for Disease Control (CDC), stroke kills about 140,000 Americans each year. Stroke is the fifth leading cause of death for Americans, but the risk varies according to the race and ethnicity of the patient. Stroke increases with age, but men and women of any age are at risk of having a stroke.

The Danger of Misdiagnosis

For some patients, misdiagnosing a stroke can be the difference between life and death. Early action is essential for successfully treating a stroke. According to the CDC, the chances of survival are higher when emergency treatment begins promptly.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What is the Statute of Limitations for Medical Malpractice Claims in Maryland?

Mon, 28 Oct 2019 02:36:00 GMT

Time is of the essence when filing for a medical malpractice claim. Find out more on Maryland statute of limitations.

When a patient discovers that he or she may be a victim of a medical malpractice claim, it’s important to seek legal assistance as soon as possible. Maryland law has clear guidelines concerning the statute of limitations for filing a malpractice claim, and claimants that fail to meet the statute may not be able to recover. The statute of limitations prescribes a period of limitation for bringing certain legal claims, and it can vary based on individual circumstances. Learn more about the statute of limitations for a malpractice claim in Maryland .

The Statute of Limitations

Maryland Courts & Judicial Proceedings Code section 5-109 states that a medical malpractice lawsuit must be filed within five years of the time that the injury was committed or within three of the date the injury was discovered. Plaintiffs relying on the three-year “discovery” portion of the statute have the burden to prove that they did not discover (or could not have reasonably discovered) the medical error until they took action.

The Statute of Limitations for Minors

Maryland law provides a special exception for cases of medical malpractice involving minors. In most cases, the statute of limitations does not begin until the victim reaches 11 years old. Victims that are under the age of 16 may be privy to special exceptions if the medical malpractice incident harmed their reproductive capabilities or resulted from a foreign object negligently left in the body by the physician.

When the Statute of Limitations Expires

If you allow the statute of limitations to expire before filing a claim, you may not be able to pursue your malpractice claim in the state of Maryland. If your case does not fall under a Maryland exception, it’s important to file your claim within the statute of limitations listed above. The experienced medical malpractice attorneys at Cardaro & Peek can help you discuss your case and ensure that it is timely filed.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Maryland Medical Malpractice: What is Informed Consent?

Mon, 28 Oct 2019 02:32:00 GMT

Were you injured after a treatment where you did not give informed consent? Learn more at the link.

A physician owes a duty to his or her patient to adequately disclose the risks involved in any proposed medical procedure or course of treatment. The doctrine of informed consent dictates that every competent adult patient has the right to determine what may or may not be done to his or her body. In order for a patient to exercise this right, it is their physician’s responsibility to divulge sufficient information to enable the patient to make an informed decision. If a physician fails to disclose significant information to a patient regarding his or her operation, the patient may have grounds for a medical malpractice claim .

Informed Consent

All medical procedures or treatments involve some level of risk, and it is the physician’s duty to share the risks and important information with their patients. The doctrine of informed consent was founded on the principle that an adult patient of sound mind and body has a legal right to accept or deny treatments and procedures. If a patient is subjected to a procedure that he or she has not agreed to, the physician performing the procedure may be in violation of the patient’s legal rights . In order to avoid legal action, physicians and medical professionals must disclose relevant and appropriate information so that the patient may make an informed decision about the procedure or treatment.

Not only must a physician discuss the procedure and risks with his or her patient, but the patient must comprehend (to the extent of his or her ability) the associated risks. Many physicians require patients to sign a consent form detailing the possible risks involved, but the doctor must discuss the risks with the patient as well.

The Exceptions

There are several exceptions to the informed consent rule, and the informed consent doctrine may differ depending on the state or jurisdiction. For example, in the event of a medical emergency, there is often not the time to disclose the risks involved to a patient. To see if you have an informed consent claim, it is crucial that you speak to a local, experienced attorney about the informed consent rules associated with your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

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The 4 Factors of Causation in a Medical Malpractice Claim

Mon, 21 Oct 2019 19:13:00 GMT

Our attorneys and experts review your medical malpractice case for the four necessary factors to prove causation.

In order to win your medical malpractice claim in Maryland, it’s essential that you prove causation. Causation is a legal term referring to the required proof that the defendant’s actions caused your injury or illness. Proving causation in a medical malpractice case is not always simple, which is why the attorneys at Cardaro & Peek employ the assistance of local medical experts. Learn more about proving causation in a medical malpractice case, including the four necessary factors.

A Doctor-Patient Relationship (Duty)

Before you can recover from an injury caused by a medical professional, you must first show that a doctor-patient relationship existed. The doctor-patient relationship is usually shown through medical records. The doctor-patient relationship creates a duty on behalf of the medical professional.

A Breach of Duty

Every medical professional has a duty to adhere to the standard of care. Once you establish that the duty was owed to you (by establishing the doctor-patient relationship), you must show that the physician in question breached that duty. A medical professional’s failure to meet the standard of care is often proved through expert witnesses and other testimony.

Negligence Led to Harm (Proximate Cause)

It is not enough to show that the medical professional breached their duty of care. You must also show that the breach of duty directly caused the harm that you experienced. You cannot establish a good malpractice claim without demonstrating that the negligent actions led to the harm in question.

Damaged Occurred

Lastly, a plaintiff must show that he or she sustained damages as a result of the doctor’s negligent care. Damages can include physical injuries, lost wages, pain and suffering, and more. The lawyers at Cardaro & Peek can review your case and ensure that you receive the compensation you deserve. Money cannot undo the mistakes of a negligent doctor, but it can ease the burden of costly medical bills and lost wages.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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5 Important Steps to Take After a Truck Accident in Maryland

Mon, 21 Oct 2019 19:08:00 GMT

Here’s what you should do if you find yourself involved in a truck accident.

According to the Federal Motor Carrier Safety Administration (FMCSA), large truck and bus injury crashes increased four percent from 2016 to 2017. Truck accidents are extremely dangerous, often leading to serious injury or death. If you were involved in a collision with a commercial vehicle, it’s important to take the right steps to protect your rights and receive fair compensation. Read on to learn more from the Law Offices of Cardaro & Peek .

Remove Yourself From Danger

The first step you should take following a vehicle collision is to remove yourself from any danger. If possible, remove your car from the road and turn on your hazard lights so that other drivers on the road can see your car, and call 911 immediately. Once the police arrive, fill out an accident report and request a copy for your records.

Exchange Information

While at the scene of the crash, exchange information with the driver of the commercial vehicle. Important information includes the driver’s name, their phone number, their insurance company, their driver’s license, and the contact information of their employer. During this time, survey the scene to check if there are any witnesses. You can collect witness statements or ask for their contact information in case you need a statement later.

Seek Medical Treatment

It’s important to seek medical treatment following a vehicle accident, even if you don’t believe you have sustained an injury. Failing to seek treatment after a truck accident could hinder your ability to seek compensation for injuries later.

Take Photos

Photograph the entire scene with your smartphone or camera. Pictures may help you with your case down the road. If you have visible injuries, photograph the injuries as well. It is crucial to any case you may have that you document the accident and your injuries.

Call a Personal Injury Lawyer

If you were the victim of a truck accident in Maryland, you may be entitled to compensation for injuries or damages that occurred. Talk to a personal injury attorney about your case as soon as possible. It’s important to speak with an attorney before the insurance adjuster or any other party. Call the Law Offices of Cardaro & Peek today.

Contact The Law Offices of Cardaro & Peek, LLC Today

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An Overview of Medical Malpractice Cases in Maryland

Mon, 14 Oct 2019 19:05:00 GMT

Here’s a brief breakdown of the process in a Maryland medical malpractice case.

Medical malpractice cases are complex, and there are several steps involved in the entire process. Only an experienced, knowledgeable Maryland malpractice attorney can help you navigate your case successfully. Are you a victim of medical malpractice in Maryland? Read on to learn more about the process of pursuing a malpractice lawsuit.

Investigation

After you meet with an attorney, he or she will conduct an initial investigation into your claim to determine if you have a valid case. The investigation and review stage involves collecting medical records from the healthcare provider who you allege committed malpractice, and requesting medical documents from other prior and current providers.

Medical Experts

Medical experts are required for most medical malpractice claims. The medical expert reviews your case and determines if the physician defendant violated the standard of care under the circumstances. The expert will also shed light on how the physician violated the standard and how the violation led to your injuries.

Lawsuit

If a settlement cannot be reached initially, your attorney will file a lawsuit. The lawsuit must be filed before the statute of limitations, which is three years in most Maryland cases. Do not hesitate to contact a lawyer about your claim, as the process of filing a lawsuit can require several months.

Discovery & Trial

During discovery, the parties involved will exchange important information to learn about the legal claims and defenses that will be presented at trial. At trial, your attorney will present your case and the defendant will attempt to defend him or herself. However, as discussed below, trial is not the only option for recovery.

Settlement

In most cases, the parties will at least attempt to reach a settlement. According to Business Insurance Report, of the hundreds of lawsuits filed every year, only about half of medical malpractice cases even make it to trial. This is because over 95% of malpractice claims result in out-of-court settlements. The settlement talks may occur any time before the jury comes to a verdict at trial. Although attempting to reach a settlement is not guarantee that a settlement will occur, it can help move the case forward. The more complex a case is, the more time it requires to reach a settlement.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What Types of Damages Can I Seek in a Birth Injury Claim?

Mon, 14 Oct 2019 19:01:00 GMT

Recover full and fair compensation in the event your little one sustained birth injury.

In the legal community, birth injury refers to damage or injury sustained during pregnancy, during delivery, or just after childbirth. Of every 1,000 infants born in the United States, it is estimated that six to eight infants are born with a birth injury. If your child’s birth injury was the result of medical malpractice, you deserve to recover full and fair compensation. No amount of money can undo the mistakes of a negligent physician, but it can help to assist with medical bills and future care costs. Read on to learn more about the damages you can seek in a birth injury claim in Maryland .

Recoverable Damages

The types of damages a child and their family are entitled to in a birth injury case depends on a variety of factors. In most cases, parents are entitled to reimbursement of all reasonable and necessary medical expenses related to the birth injury. Parents may also receive compensation for out-of-pocket expenses related to the injury, loss of income incurred as a result of caring for the child, and non-economic damages such as pain and suffering. The injured child may also be compensated for the future loss of earning capacity, ongoing medical care, and pain and suffering.

Protecting Damages in Maryland

Maryland law allows victims of medical malpractice to recover full and fair damages depending on the circumstances. The plaintiff can recover both economic and non-economic damages, but the process requires the assistance of a knowledgeable attorney. The lawyers at Cardaro & Peek can examine the facts of your case and seek appropriate damages. Damages help to ensure the safety and health of the injured child for years to come. Money intended for future care must be carefully calculated so that it assists the child for the entirety of his or her lifetime. Families may choose to set up a special needs trust to avoid mismanagement and to ensure that the money is properly invested to grow for the child’s benefit.

Are you and your family suffering from a birth injury caused by malpractice? Call the lawyers at Cardaro & Peek today.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Navigating a Wrongful Amputation Claim in Baltimore

Mon, 07 Oct 2019 23:52:00 GMT

Losing a limb is especially traumatic if it’s a result of wrongful amputation. Call the Law Offices of Cardaro & Peek for legal assistance.

Do you believe that you were the victim of a wrongful amputation in Baltimore, Maryland? The unfortunate truth is that an estimated 60% of all amputations are preventable, according to the Amputee Coalition. The loss of a limb is severely distressing, primarily when it’s caused by a preventable error or another form of medical malpractice . Learn more about navigating a wrongful amputation claim in Baltimore , and call the Law Offices of Cardaro & Peek for legal assistance.

In Many Cases, Amputation is Necessary

Amputation, the surgical removal of part of the body, is sometimes necessary for preserving the health of a patient. Common reasons for amputation in the United States include blood clots, serious trauma, and complications from diabetes. It is important to note that amputations are riskier for some patients than others. Patients with diabetes and heart disease face a higher risk of complications, including joint deformity, infection, and deep vein thrombosis.

When Amputation is Preventable

Physicians and medical professionals are expected to adhere to the standard of care every time they treat a patient. Unfortunately, medical professionals are human, and can make mistakes, that sometimes rises to the level of medical malpractice. A physician that amputates a patient’s limb too early or too late may be liable for malpractice in the state of Maryland. Common amputation cases involving medical malpractice include:

— Surgical errors, such as removing the incorrect limb.

— Allowing clots to form during surgery.

— Misdiagnosing and failing to treat patients.

— Improper wound care.

— Improper medical care following an amputation or other surgery.

Establishing Medical Malpractice

To establish a medical malpractice case, you must prove that the injury you received was a direct result of the physician’s medical negligence. There are many ways to prove this variable, such as witnesses, medical records, and expert testimony. A Maryland medical malpractice lawyer can help you establish fault, prove negligence, and navigate your case. Do not wait to seek legal representation in regard to your wrongful amputation claim. Delaying action may prevent you from filing a claim and receiving the compensation you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Learn More About Maryland Survival Actions

Mon, 07 Oct 2019 23:48:00 GMT

Nothing can fully mitigate the pain of losing a loved one to wrongful death. However, see what survival actions you can take in Maryland.

When a wrongful death occurs, surviving family members can make two types of claims in Maryland: survival and wrongful death. A wrongful death claim allows for the surviving family members to sue those responsible for the death of a family member. On the other hand, a survival action is brought by the estate of a decedent to recover any damages that the deceased might have recovered had he or she survived. Read on to learn more about survival actions in Maryland .

Damages

Damages in survival actions can include compensation for pain and suffering inflicted on the surviving family members. Damages may also include economic expenses incurred by the deceased, such as funeral costs and hospital bills.

Process

While survival claims are separate from wrongful death claims, the two claims are initiated by the same acts of negligence. Survival actions are typically brought at the same time as a wrongful death claim, but each claim requires its own set of proof.

Evidence (Proof)

Survival actions require substantial proof of damages incurred by the decedent as a result of the wrongful death. In most cases, the medical records and bills are collected along with the cost of expenses incurred after the wrongful death occurred. Each case is circumstantial and requires the assistance of a knowledgeable wrongful death lawyer.

Liability

It can be difficult to pinpoint the liable party in a case involving a deceased loved one. Since the decedent cannot testify to the wrongdoing, the attorney assigned to the case must properly investigate the circumstances. Liability evidence can take the form of expert testimony, statements by the parties, photographs, medical records, and more.

Impact

In the event that the decedent did not leave behind a will, the surviving family members may choose to initiate a probate action in their loved one’s county of residence. Following the court’s instructions, the family members could then discover who would qualify as a personal representative regarding the decedent’s estate.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that your loved one was the victim of a wrongful death case? If so, you need to talk to a knowledgeable wrongful death lawyer in Maryland.

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Is Nursing Home Abuse Considered Medical Malpractice?

Mon, 30 Sep 2019 23:43:00 GMT

We’re suppose to trust nursing homes to care for our loved ones. What happens if there’s abuse or negligence?

According to the National Center for Health Statistics, more than 1.3 million seniors resided in a nursing home in 2015. The number is increasing every year, and our nation’s families count on nursing home facilities to provide a safe, nurturing place for our loved ones. Unfortunately, abuse often occurs in nursing homes, but the lawyers at Cardaro & Peek are committed to holding negligent facilities accountable.

Common Forms of Nursing Home Malpractice

Many families choose to move their elderly loved ones to a nursing home because they are unable to care for their specific medical needs at home. One of the primary services provided by nursing facilities is medical care, including medical monitoring and treatments. Common forms of nursing home medical malpractice include:

— Unsanitary conditions

— Poorly trained medical staff

— Prescription drug errors

— Failing to call a doctor to address a resident’s complaints

— Dehydration or malnourishment

The Standard of Care

Nursing homes must adhere to a standard of medical care when treating all residents in a nursing home facility. When a nursing home fails to meet that standard, residents could sustain serious injuries or even death. To succeed in a medical malpractice claim concerning a nursing home, a patient must suffer injury or death that was caused by the nursing home’s failure to use the standard of care that is required by nursing homes in a similar circumstance.

The Statute of Limitations

If you are filing a nursing home malpractice claim on behalf of yourself or a loved one, it’s important to adhere to the statute of limitations. Generally, a patient is required to file a medical malpractice claim in civil court within five years from the date of the injury or within three years from when the injury was discovered, whichever is earlier . If you do not file your medical malpractice lawsuit within the time limit, you lose your right to take action and receive the compensation you deserve.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Filing a Serious Personal Injury Claim in Maryland

Mon, 30 Sep 2019 23:36:00 GMT

Discuss the process of filing a personal injury claim with the lawyers at Cardaro & Peek.

In addition to medical malpractice claims, the lawyers at Cardaro & Peek, LLC have years of experience handling cases involving serious personal injury. Read on to learn more about personal injury claims in Maryland and consult with an experienced personal injury lawyer to discuss your options.

Maryland Criteria

Before you can file a personal injury lawsuit in the state of Maryland, you must meet a series of basic criteria. First, for most personal injury cases, a victim only has t hree years from the date of the accident to file the claim. ¹ If you wait too long, you are completely barred from recovery.

Second, as the name implies, a personal injury claim can only be filed if the victim actually sustained an injury. The accident must have resulted in severe injuries and/or other damages, such as lost wages. Once you prove that the defendant was negligent, you must also show that the injuries sustained were the direct result of the accident. The accident could be a vehicle collision, a slip and fall, or any other event where another person’s negligent acts/omissions caused you to be injured. The plaintiff must show that the accident happened solely as a result of someone else’s negligence. Otherwise, the defense attorneys will invoke the contributory negligence statute, which prevents recovery if you share blame for the injury because you were also negligent .

Third, once you show that the accident was caused due to the negligence of the defending party, you must also prove that it resulted in physical, mental, and financial harm. Meeting all of the aforementioned criteria means that you most likely have a valid personal injury claim in Maryland.

Common Mistakes to Avoid

Without the help of an experienced attorney, you may make a common mistake that could cost you the compensation you deserve. Common mistakes made by most people involved in personal injury claims include:

— Waiting too long to sue.

— Communicating with the responsible party’s insurance company.

— Accepting the first settlement check offered to you.

— Refusing to seek medical attention.

— Failing to seek experienced counsel.

If you have specific questions regarding your personal injury claim or lawsuit, call the lawyers at Cardaro & Peek, LLC.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a vehicle collision or other accident? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

¹ MD Cts. & Jud. Proc. § 5-101 .

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Common Medication Error Malpractice Claims in Maryland

Mon, 23 Sep 2019 02:48:00 GMT

Administering the wrong medication or the wrong dosage is life-threatening. Do you believe you are a victim of medication error?

According to a recent publication by the National Center for Biotechnology Information ( NCBI ), 7,000 to 9,000 people die as a result of a medication error in the United States alone. Medication errors can occur at various steps of patient care, from administering an incorrect amount of medication to filing the wrong drug at the pharmacy. Regardless of what step the error takes place at, the results can lead to devastating injuries and even fatalities. Learn more about common medication error malpractice claims in Maryland , and call the Law Offices of Cardaro & Peek for more assistance with your medical malpractice claim.

Administering the Wrong Medication

Physicians, nurses, and other medical professionals can be liable for prescribing or administering the wrong medication to a patient. The mistake may involve the medication itself or the dosage of the medication. Medical professionals may also fail to administer the drug correctly. For example, a nurse may incorrectly inject a drug into a patient’s blood vessel when it should have been directed into fatty tissue just beneath the skin.

Improper Medication Combinations

A particular medication can be beneficial when taken in isolation, but cause extreme damage or fatality when combined with another medication. Medical professionals that fail to read the medication correctly or fail to assess a patient’s medical history could improperly combine medicine. The medical professional who prescribes medication has a duty to assess the patient’s allergies to avoid harmful interactions between medications.

Failure to Warn the Patient

The doctor, nurse, or pharmacist that prescribed the medication has a duty to warn his or her patient about any common side effects. Similarly, medical professionals must also inform the patient about foods, substances, activities, etc., that the patient should avoid while taking a particular drug.

Adverse Effects of Medication

In many cases, the physician knew or should have known that the risks of the drug he or she prescribed outweigh the overall benefits. Many prescription medications can have dangerous side effects, and a physician must review the patient’s history reasonably before prescribing any medication. Further, the patient must also provide their informed consent, meaning that he or she was well aware of the risks associated with the medication.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Malpractice Lawsuits Involving Misdiagnosis or Delayed Cancer Diagnosis

Mon, 23 Sep 2019 02:43:00 GMT

Time is something you can never take back. A delayed diagnosis is grounds for medical malpractice.

According to the American Cancer Society, a total of 1,806,590 new cancer cases and 606,520 deaths are expected in the US in 2020, which is about 4,950 new cases and more than 1,600 deaths each day . ¹ Unfortunately, many patients will receive an advanced cancer diagnosis caused by a medical professional’s misdiagnosis (or delayed diagnosis) of cancer. Read on to learn more about medical malpractice lawsuits involving cancer, and contact the malpractice lawyers at Cardaro & Peek for legal assistance with your legal claim.

Early Detection Can Save Lives

When there is a misdiagnosis of a specific type of cancer, the patient’s condition can metastasize. Oftentimes, cancer that has metastasized requires aggressive treatment, such as chemotherapy, radiation therapy, and bone marrow transfusions. Early detection is the best way to avoid the financial, mental, and physical deficits of aggressive cancer treatment. According to Cancer Research UK , more than 90% of women diagnosed with breast cancer at the earliest stage survive the disease for at least five years, as opposed to around 15% for women diagnosed with the most advanced stage of breast cancer.

The Importance of Time

Medical professionals are trained to diagnose the uncontrolled growth of abnormal cells characterized as cancer. When physicians misdiagnose a patient, their specific cancer condition is left untreated. Untreated cancer conditions continue to form abnormal cells, which can lead to large tumors and other conditions, which can be challenging to treat. When it comes to diagnosing a cancer patient, time is of the utmost importance. A delayed diagnosis can lead to unnecessary costs and treatment, and in some cases, fatality.

Proving Medical Malpractice

In Maryland, medical malpractice law requires that medical professionals exercise reasonable and ordinary care when providing diagnosis or treatment. A misdiagnosis or delayed diagnosis can have a dire effect on the patient. Both the patient and their families suffer as a result. If you believe that you were the victim of a medical malpractice case in Maryland, you need to seek assistance from a team of knowledgeable attorneys. The experienced legal team at Cardaro & Peek can review your case and advise you on how to proceed. You and your family may be entitled to compensation or relief.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

¹ Siegel, Rebecca L., Miller. Kimberly D., Jemal, Ahmedin, PhD, Cancer Statistics, CA: A Cancer Journal for Clinicians https://doi.org/10.3322/caac.21590

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The Limitations on Wrongful Death Claims in Maryland

Mon, 16 Sep 2019 02:38:00 GMT

The lawyers at Cardaro & Peek can help you navigate limitations in your loved one’s wrongful death case.

The Wrongful Death statute ( Md . Courts and Judicial Proceedings § 3-904 ) was created by the Maryland legislature to allow surviving family members to sue those responsible for their loved one’s death. Compensation can not undo the careless actions of a medical professional, but it can assist loved ones with seemingly insurmountable medical bills and other related costs. In addition to meeting the standard requirements for a wrongful death lawsuit, Maryland claimants must also navigate the limitations established by the state. Read on to learn more about the wrongful death statute, and call the lawyers at Cardaro & Peek for assistance with your claim.

The Law Applies to Certain Family Members

In Maryland, not all surviving family members are eligible to pursue a wrongful death claim. Only the parent, child, or spouse of the deceased person can file a lawsuit. There is an exception if the deceased did not leave behind a living parent, child, or spouse. In that scenario, any person related to the deceased by blood or marriage can file a claim, but they must show that they were substantially dependent upon the deceased person before the malpractice took place.

The Maryland Statute of Limitations

According to the Code of Maryland § 3-904, claimants must file a wrongful death lawsuit within three years of their loved one’s death. The statue is different if the deceased died because of an occupational disease. In these scenarios, the surviving family member must bring a claim within ten years of the family member’s death or three years from the date that the occupational disease was identified as the cause of death.

Non-Economic Damages Cap

As of 2020, the cap on non-economic damages for wrongful death cases is $900,000, and the number increases annually. In the event of wrongful death cases made by two or more surviving family members, the cap rises to $1,350,000. Caps on non-economic damages are tort reforms designed to limit the damages on non-monetary losses such as pain and suffering.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What is the Standard of Care for a Health Care Provider in Maryland?

Mon, 16 Sep 2019 02:31:00 GMT

Has a medical professional failed to treat you with the proper standard of care?

Victims of medical malpractice must prove four elements to succeed with a malpractice claim in Maryland. First, they must show that the health care provider owed them a duty of care. Second, the victim must show that the health care provider deviated from the applicable standard. Third, victims must be able to prove that they suffered damages, emotionally and/or physically. Finally, the victim must prove that the damages were the direct cause of the health care provider’s actions. Read on to learn more about the standard of care for health care providers in Maryland, and call the Law Offices of Cardaro & Peek for legal assistance with your medical malpractice claim.

Standard of Care

In legal terms, the “standard of care” is the generally accepted procedures and practices used by health care providers when treating patients. The standard of care will vary with each different disease or disorder. Failing to meet the standard of care constitutes negligence in a medical malpractice claim. Maryland has operated under the “national standard of care” since 1975. This means that health care providers in Maryland have a duty to use the care and skill which is expected of a reasonably competent practitioner in the same class, acting in the same or similar circumstances, taking into account advances in the profession, availability of facilities, specialization or general practice, proximity of specialists and special facilities, and all other relevant considerations. ¹

Malpractice claims require that a plaintiff establish the proper standard of care and show that the standard of care was breached. A plaintiff’s failure to establish the applicable standard of care will be fatal to a case of medical malpractice. As noted, the appropriate standard of care will depend on a variety of factors such as the patient’s medical condition, age, and health history.

Proving the Standard of Care

Proving the proper standard of care is an essential aspect of winning a medical malpractice case. Maryland law requires that a plaintiff prove the standard of care applicable to the health care provider through expert testimony. Expert testimony is also required to prove that the health care provider deviated from the standard of care, that the deviation was a cause of the injury, and that damages resulted from that injury. Expert witnesses consist of qualified medical professionals currently practicing or teaching medicine. In most scenarios, it helps to seek testimony from an expert with a similar background to the health care provider named in the claim. During testimony, the medical experts can explain to a jury how the health care provider deviated from the appropriate standard of care.

To summarize, the standard of care in Maryland is the set of generally accepted practices for treating specific illnesses and conditions under the same or similar circumstances. Health care providers that deviate from the standard of care can be liable for medical malpractice.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

¹ See Shilkret v. Annapolis Emergency Hosp. Ass’n , 276 Md. 187, 200-01 (1975).

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How a Patient can Establish a Medical Malpractice Claim in Maryland

Mon, 09 Sep 2019 23:03:00 GMT

Not sure how to start a medical malpractice claim? Read this first.

Approximately 17,000 malpractice cases are filed in the United States every year, and experts now believe that medical errors are the third leading cause of death in the country. Patients deserve to be compensated for the physical and emotional injuries caused by a healthcare provider’s mistake, but approaching a malpractice claim can be intimidating. Learn how an injured patient can establish a medical malpractice claim in Maryland with help from the lawyers at Cardaro and Peek .

What is Medical Malpractice?

Two conditions must exist for a patient to make a valid medical malpractice case. First, the patient must have received treatment below the medical standard of care. Second, the medical provider defendant’s actions (or inaction) must have resulted in verifiable, serious injuries that would not have otherwise occurred. In short, medical malpractice is professional negligence via an act or omission of a health care provider that falls below the acceptable standard of care.

Do I Have a Valid Claim?

An attorney can help you determine if your Maryland malpractice claim is valid, but there are several indicators that can help you assess your case before a legal consultation. First, you must show that a doctor-patient relationship existed. Second, you must show that the doctor or medical provider was negligent. Third, you must prove that the doctor’s negligence caused the injury in question. Lastly, patients must show that the injury led to specific damages, whether physical or mental.

How Can I File a Malpractice Claim?

Serious malpractice claims are complicated and time-consuming, which means it’s important to hire an experienced attorney. Healthcare providers pay thousands of dollars in malpractice insurance premiums a year, and insurance companies aggressively fight these claims in exchange. You need a knowledgeable, local medical malpractice lawyer to navigate the complexities of your case. The lawyers at Cardaro and Peek are ready to help you in your time of need.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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How Can Expert Witnesses Assist in My Medical Malpractice Case?

Mon, 09 Sep 2019 22:59:00 GMT

An expert witness can make all the difference in a medical malpractice case.

Most medical malpractice cases involve the assistance of an expert witness to explain how the healthcare provider defendant was negligent. Medical malpractice cases are often complex, and a qualified medical expert is required to shed light on the problems presented. It’s important to work with an experienced firm with medical professionals on staff to win your malpractice case. Are you pursuing a medical malpractice claim in Maryland? The lawyers at Cardaro and Peek have access to nationally recognized, board-certified physicians and experts to assist in various types of malpractice claims.

Who Qualifies as a Medical Expert?

In most scenarios, a qualified medical expert is a person currently practicing or teaching medicine, or even an individual who has recently retired from the profession. Claimants may find it beneficial to acquire testimony from an expert with a similar background and experience to the named defendant in the case.

Why is Expert Testimony Beneficial?

If your case makes it to trial, a jury will decide if the defendant is guilty of the claims brought against him or her. A medical expert can explain the case to a jury in a way that they can easily understand and subsequently derive analysis from the case. In some cases, expert witnesses can help avoid a case having to go to trial in the first place! With an expert witness, the defendant will be able to understand the evidence and the strength of the case better and may choose to settle out of court. Furthermore, expert testimony from a medical professional can help add credibility to a patient’s claim.

Can Medical Expert Testimony Prove Negligence?

When it comes to medical malpractice cases, it’s important to prove that the doctor or medical provider defendant was negligent. An expert can help define the standard of care for your particular case. He or she can also help show that the defendant breached the standard of care. For example, the expert may illustrate how the healthcare provider failed to accurately assess the patient, which led to the misdiagnosis in question.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Potential Emergency Room Medical Malpractice Claims

Mon, 02 Sep 2019 22:55:00 GMT

Mistakes and errors in the emergency room should be reviewed by medical malpractice lawyers.

Emergency rooms are often overcrowded and understaffed, and patients suffer as a result. Admitted patients should trust their doctors and nurses with their health, but with over 145 million emergency room visits per year in the United States, errors occur every day. Medical professionals are trained to handle high volumes of patients in an emergency setting, but even the smallest mistake can lead to severe consequences. Were you or someone close to you harmed during a visit to the emergency room? Read on to learn more about potential emergency room malpractice claims, and call the lawyers at Cardaro and Peek for assistance with your claim.

Misdiagnosis

In an emergency setting, a proper and timely diagnosis is crucial to the health of admitted patients. Misdiagnosis cases may involve an incorrect diagnosis, failing to diagnose an existing condition, or even a delayed diagnosis. When a medical professional fails to recognize complications, the patient’s condition can rapidly decline. Similarly, delaying treatment can transform a small issue into a severe condition.

Medication Errors

Medication errors occur for a variety of reasons. For example, if a doctor fails to read a patient’s medical history, the patient could have a potentially dangerous allergic reaction to the medication the doctor prescribes. Or, a doctor can prescribe the wrong medicine, treating a symptom instead of the cause of the injury/condition. Medication errors can result in serious injury, and are in some cases fatal.

Laboratory Errors

Laboratory errors occur when a medical professional mishandles information or offers an improper treatment. If an emergency room is mismanaged, lab results can be lost or even switched with another patient’s results. Miscommunication is often the most common reason for laboratory errors.

Premature Discharge

When an emergency room doctor prematurely discharges a patient, it can result in serious complications. Discharged patients should be provided with clear instructions for further treatment or medications. Discharged patients should also be provided with the necessary instructions, medications, and/or equipment to keep them from causing further injury or allowing their condition to progress. In many cases, failure to provide a patient with crucial information can constitute medical malpractice.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Truck Accidents Are Common in Maryland

Mon, 02 Sep 2019 22:50:00 GMT

Truck accidents can cause major injuries. You may be entitled to compensation.

Were you involved in a truck accident in Maryland? In the United States, most semi-trucks are over 70 feet long, 8.5 feet wide, 13.5 feet tall, and up to 80,000 pounds in gross weight. A ccording to the Maryland Motor Vehicle Administration (MDOT MVA), of all fatality crashes that happen in a typical year, over 10% involve a large truck. That means over 60 deaths each year in Maryland are due to these types of collisions. Even if there is no fatality, when an accident involves a semi-truck or commercial vehicle, the resulting injuries are often catastrophic. Read on to learn more about trucking accidents, and call the experienced attorneys at Cardaro & Peek for legal assistance if you or a loved one has been in an accident involving a semi-truck or commercial vehicle.

Truck Accidents Are More Likely to Cause Severe Injury or Death

According to the National Highway Traffic Safety Administration (NHTSA), there were 4,761 people killed in crashes involving large trucks in 2017. Seven hundred eighty-five (785) total trucks were involved in fatal crashes in Maryland alone that year. Accidents involving large trucks are more likely to result in death or injury than crashes involving two standard motor vehicles .

Accidents involving large trucks can leave victims with horrific injuries that require years or even decades of recovery. If you or a loved one has experienced any of the following injuries as a result of a truck accident, you may be entitled to relief:

Back & Neck Injuries

Back and neck injuries can range in severity, from mild neck pain to degenerative disc disorders. Common examples of back and neck injuries resulting from truck accidents are lumbar sprains, spinal stenosis, facet injuries, and pinched nerves. Back and neck injuries are often debilitating and significantly impact your daily life.

Head Injuries

Head trauma caused by a collision with a large truck can result in severe injuries, many of which are life-altering. Whiplash, rapid acceleration, and deceleration can lead to head injuries that range from mild concussions to severe permanent brain damage.

Spinal Cord Injuries

Injuries to the spinal cord suffered in a truck accident are especially devastating because of the sensitive nature of the spine. Spinal cord injuries can cause loss of sensation and control of bodily functions, such as breathing.In the most severe cases, injuries caused by a collision with a large truck can lead to paralysis.

Seatbelt Injuries

Seatbelts are designed to protect drivers and their passengers, but they can also harm them. Whiplash is a common example of injury caused by seatbelt.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you or a loved one experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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What Should I Do If I Find Lead Paint in My Baltimore Home?

Wed, 28 Aug 2019 14:12:00 GMT

Found lead paint in your Baltimore City home? Call Cardaro & Peek today.

According to the Baltimore City Health Department (BCHD), there has been a 97% decrease in childhood lead poisoning from the years 1992 to 2016. The Childhood Lead Poisoning Prevention Program works to reduce lead poisoning in Baltimore City through several outlets: primary prevention, lead testing, case management, advocacy, and aggressive enforcement of city laws. While the above statistic is promising, there are still many residences containing lead paint or lead paint products. Learn more about lead paint in Baltimore City, and what to do if you find lead paint in your home.

Schedule a Lead Paint Test

If you believe that there is lead paint on your property, it’s important to schedule an examination of your home. Young children are especially susceptible to the dangers of lead paint poisoning, so parents should ensure that their home is safe for their family. Homes built before 1978 are considered high-risk for containing lead paint. You may also need to have your children tested for lead poisoning.

Follow the EPA’s Safety Guidelines

According to the U.S. Environmental Protection Agency (EPA), the best way to treat lead paint is to remove the part of the home that contains lead paint. The most common offenders are typically windowsills, but other parts of the home, such as walls, may also contain harmful lead paint. Contractors and property managers must comply with the EPA’s Lead Renovation, Repair, and Painting Rule (RRP). The rule states that firms performing renovation and repair projects must follow lead-safe work practices. Homeowners are required to hire EPA-certified contractors for projects such as interior painting and home remodeling.

Seek Legal Counsel

If you or members of your family were subject to dangerous lead paint exposure, you may be entitled to compensation. The experienced personal injury attorneys at Cardaro & Peek can review your case and advise you of your legal options. Whether you are a homeowner or live in a rental property, you deserve to be heard. Contractors facing noncompliance penalties from the EPA may also be entitled to legal counsel.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Maryland Medical Malpractice: When a Patient is Paralyzed by a Doctor’s Mistake

Wed, 28 Aug 2019 13:58:00 GMT

Paralysis malpractice alters the lives of patients and their loved ones.

Paralysis is an extreme medical condition that alters the lives of patients and their loved ones. Paralysis caused by a genetic disease, injury, or accident is difficult enough to endure, but paralysis caused by a doctor’s mistake is an absolute tragedy. In many cases, the paralysis inflicted is preventable and directly caused by the negligence of a medical professional. If you believe that a doctor’s mistake caused your paralysis, you need to speak with an experienced Maryland medical malpractice lawyer today.

Know Your Rights

Victims of paralysis malpractice have rights they can assert with the help of a medical malpractice attorney in Maryland . If medical malpractice occurred, you or your family member could file a claim against the doctor, medical professional, or hospital responsible. An attorney can help you recover economic and non-economic damages that will assist you and your family through this challenging process. You or your loved one should not have to suffer financially or mentally due to the negligence of a doctor. The lawyers at Cardaro & Peek can carefully analyze your case and help you determine the type and amount of damages you may be able to receive.

Common Causes of Paralysis

The three most common causes of paralysis malpractice are childbirth, misdiagnosis, and surgical errors.

Childbirth : If a medical professional makes avoidable mistakes during the delivery process, the mother or her child could experience nerve damage or brachial plexus injuries resulting in paralysis.

Misdiagnosis : If a patient suffers a spinal cord injury, and the doctor fails to diagnose him in a timely manner, paralysis could occur. For example, when meningitis is not diagnosed quickly, the patient can suffer a variety of severe conditions, such as brain damage, hearing loss, and paralysis.

Surgical Errors : With regards to surgical errors, a single misstep can permanently damage the spinal cord, resulting in paralysis. Brain surgery, spinal cord surgery, open-heart surgery, and emergency surgery are considered high-risk operations for errors resulting in paralysis.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Proving Causation in a Maryland Medical Malpractice Lawsuit

Fri, 23 Aug 2019 13:34:00 GMT

The expert attorneys at Cardaro & Peek are ready to help you prove causation in your Maryland medical malpractice lawsuit.

When a patient pursues a medical malpractice lawsuit, the law places the burden on the victim to prove that their medical provider deviated from the standard of care and caused harm. Showing that the doctor or medical professional breached the duty of care can be straightforward but proving that the act of negligence was the factual cause of harm is another matter. Learn more about causation, and contact the medical malpractice lawyers at Cardaro & Peek to assist you with your case.

Types of Causation

There are two types of causation in medical malpractice cases: actual cause and proximate cause. The actual cause is also known as the “cause in fact” of an injury. Actual cause states that if it had not happened, the injury or harm would not have occurred. Many courts turn to the “substantial factor” test when determining the actual case. Did the doctor’s negligence materially contribute to the injury? If so, actual cause can be proven.

Proximate cause is known as the “legal cause” of the case. Proximate cause exists when the injury is the foreseeable result of the doctor’s negligence. In medical malpractice cases, the proximate cause is most often established through the use of expert testimony.

The Difficulty of Establishing Causation

Depending on the medical malpractice case, proving causation can present a variety of hurdles. For example, if a doctor provides a delayed diagnosis, and the patient’s illness progresses; as a result, the patient needs to prove that the misdiagnosis caused the illness to worsen. In other cases, such as when a surgeon leaves an instrument inside of a patient, proving causation is an easier task.

The difficulty of establishing causation is exactly why it’s important to work with an experienced, aggressive attorney in the Baltimore, Maryland area.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Is a Doctor Liable When a Patient Contracts a MRSA Infection?

Fri, 23 Aug 2019 13:19:00 GMT

Contracting dangerous infections like MRSA could have been a result of medical malpractice.

When a doctor, nurse, or other medical professional commits medical malpractice, they are putting patients directly at risk for a variety of injuries, including infections. One of the most dangerous infections that can spread due to medical malpractice is methicillin-resistant aureus, better known as MRSA. If you or a loved one contracted MRSA due to a doctor’s negligence, it’s important to speak with an experienced Maryland medical malpractice attorney.

Learn More About MRSA

MRSA is a bacterium that causes infections in different parts of the body. MRSA is resistant to commonly used antibiotics, making it more difficult to treat than most strains of staph. Common MRSA symptoms include mild infections on the skin, such as sores, and serious skin infections. MRSA can also infect surgical wounds, the bloodstream, and even the lungs. Many MRSA infections are not considered severe, but others can be life-threatening. Depending on the severity of the infection and the state of the patient, MRSA can lead to pneumonia, sepsis, and death.

MRSA and Medical Malpractice

With the help of a medical malpractice attorney in Maryland, you or your loved one can file a medical malpractice claim against the doctor or hospital that inflicted your MRSA infection. You must first establish the four necessary elements of medical malpractice:

“Duty of care” obligates the doctors or medical professionals who provide treatment to offer care that meets acceptable medical standards. In MRSA medical malpractice cases, medical professionals may fail to follow the protocol that prevents the spread of infection such as sterilizing medical equipment.

Every medical malpractice case is different, but it’s essential to show that the duty of care was breached. For example, did the doctor fail to diagnose your MRSA infection, and it grew more severe? Depending on your case, the duty of care was breached.

It’s not enough for claimants to show that negligence occurred. You or your loved one must prove that the negligent act directly led to the MRSA infection. Unfortunately, MRSA infections can be difficult to pinpoint, so it’s important to work with an attorney that has access to medical experts.

Lastly, you or your loved one must show that you experienced economic or non-economic damages. Examples of damages include hospital bills, lost wages, and emotional distress.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Learn More About the Medical Malpractice Cap in Maryland

Fri, 16 Aug 2019 16:59:00 GMT

Are you familiar with the medical malpractice cap in Maryland? Take some time to familiarize yourself.

If you plan to pursue a medical malpractice lawsuit in Maryland, it’s essential to understand the cap on non-economic damages that was established in 2018. Non-economic damages cover losses that are subjectively evaluated by a jury or judge, such as pain and suffering or loss of companionship. Read on to learn more and call the offices of Cardaro and Peek to discuss your medical malpractice case.

Non-Economic Damages Cap

As of 2018, the non-economic damages cap in a Maryland medical malpractice case is $800,000, with $15,000 added per year for lawsuits filed beyond 2018. In 2019, the cap for wrongful death cases made by two or more beneficiaries was raised to just over $1,018,500. The cap is based on the year of injury or death, and applies as long as the case is filed within Maryland’s statute of limitations . There is no medical malpractice cap on economic damages.

Maximizing a Medical Malpractice Settlement

Quantifying pain and suffering might be more difficult than putting a dollar amount on medical bills, but that doesn’t mean that patients do not deserve compensation for their injustice. There are two ways that victims can maximize their medical malpractice settlement within the confines of the non-economic cap. First, assess your continual pain and suffering. If your pain continues after the incident, your settlement demand may be more significant. Second, gather all the necessary materials to prove the level of injustice. Photograph the injuries in questions, maintain a journal of physical and emotional updates, and document every piece of information you receive from medical providers.

Talk to an Attorney

Seeking damages may be the last thing on your mind when you’re recovering from medical malpractice, but it’s important to file a claim as soon as possible. An experienced attorney can help review your case and fight for the compensation you deserve. Maryland medical malpractice cases can be complex, but the lawyers at Cardaro and Peek can assist you and your family through the various steps of the legal process.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Can I Sue a Maryland Nursing Home for Abuse and Neglect?

Fri, 16 Aug 2019 16:54:00 GMT

If you’re unaware, nursing home abuse is a widespread problem that often requires the involvement of personal injury lawyers like Cardaro and Peek.

Last month, the Office of Inspector General of the U.S. Department of Health and Human Services reported that many cases of nursing home abuse or neglect have been unreported to enforcement agencies. Out of the five states where nursing home inspectors investigated and substantiated cases of abuse, 97% were left unreported to local law enforcement, even though it is required by law ( NPR ). Nursing home abuse and neglect remains a widespread problem in the United States, but the personal injury lawyers at Cardaro and Peek are fighting for the rights of elderly residents throughout Maryland. Learn more about nursing home abuse and neglect, and discover how you can take action against a nursing facility.

Nursing Home Liability

Lawsuits against nursing homes are, unfortunately, very common. Claimants worried about the hassle of going to trial should know that nursing home lawsuits are frequently settled out of court. Nursing homes are not liable for every accident or injury to one of their residents. If you want to sue a nursing home for abuse or neglect , it’s important to show that the facility or its staff caused harm.

Nursing Home Abuse

Nursing home abuse refers to deliberate, wrongful actions committed against a patient resulting in injury (physical or mental). Nursing home residents are particularly vulnerable to various forms of abuse, whether by the facility or nurse. While abusive conduct is typically carried out by a staff member, the abuser can also be another resident at the facility. The three most basic types of nursing home abuse are physical abuse, mental abuse, and sexual abuse.

Nursing Home Neglect

Nursing home neglect refers to a facility’s failure to take proper care of an elderly patient. Nursing homes and staff members are obligated to monitor and care for their residents, and some patients even require special assistance. Failing to care for a patient could be considered abuse, especially when the patient suffers as a result. Common types of nursing home abuse include malnutrition and bedsores.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that your loved one is a victim of nursing home abuse or neglect in Maryland? The lawyers at Cardaro & Peek can help.

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Vehicle Accidents in Maryland and Personal Injury Claims

Thu, 15 Aug 2019 20:40:00 GMT

Familiarize yourself with vehicle accidents within Maryland and how personal injury claims are typically handled.

The statute of limitations that affects most personal injury claims in Maryland (including car accidents) can be found at Maryland Courts & Judicial Proceedings Code section 5-101. The law states that a civil action should be filed within three years from the date it accrues, with various exceptions. Learn more about filing a personal injury claim in regards to a car accident that occurred in Maryland.

Statute of Limitations

In Maryland, a plaintiff has three years after the date of the injury to file an initial claim. There are some exceptions to this rule. For example, if a family member passes away as a result of a car accident, their loved ones have three years from the date of their death to make a claim, rather than three years from the accident. The three-year statute applies to all vehicle accident injuries, whether the claimant was the driver or a pedestrian.

Contributory Negligence

Under Maryland’s contributory negligence rule, a plaintiff cannot receive damages if they are found to have played a role in the accident. The plaintiff may walk away with nothing if they shared responsibility, even if the accident was 95% at the fault of the other driver. If your car accident case makes it to court, the contributory negligence rule binds judges and juries in Maryland.

Filing a Personal Injury Claim

Don’t let Maryland’s contributory negligence law keep you away from filing a personal injury claim. If you were injured in a vehicle accident that occurred in Maryland, the individual(s) at fault should be held responsible. Filing a claim can help you or your family member recover costs of medical treatment, rehabilitation expenses, lost wages, and pain and suffering. If you haven’t done so already, contact a law firm that specializes in personal injury claims, including injury-related auto accidents.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a vehicle collision? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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A Look into Wrongful Death Claims and Settlements

Fri, 02 Aug 2019 12:13:00 GMT

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Neil Armstrong, the first person to walk upon the face of the moon, died in 2012 of complications resulting from cardiovascular procedures in Cincinnati, Ohio. Two years later, his family was paid six million dollars by a hospital as part of a wrongful death settlement. The news was released last week, amidst celebrations of the 50th anniversary of the Apollo 11 mission. Learn more about wrongful death claims and structured settlements.

Filing for Wrongful Death

A family member could file a wrongful death claim if he or she suffered damages as a result of the victim’s death. Claimants are also known as “real parties in interest” and are typically in charge of the victim’s assets and estate. According to the New York Times, Amstrong’s sons believed that their father’s death was due to incompetent post-surgical care at Mercy Health Fairfield Hospital. They threatened legal action against the hospital, who ultimately decided to pay out the settlement and avoid a legal struggle.

Wrongful Death Settlements Options

Many wrongful death cases settle before reaching trial for a variety of reasons. In some cases, defendants want to avoid negative publicity, and claimants wish to maintain their family’s privacy. Mercy Hospital issued a statement in regards to Armstrong’s case, “The public nature of these details is very disappointing — both for our ministry and the patient’s family who had wished to keep this legal matter private.” Below are several wrongful death settlement options.

Mediation

During mediation, the claimant and defendant discuss the case with a professional mediator to determine compensation. The mediator will listen to both parties, and provide recommendations on how they could settle.

Arbitration

Arbitration involves a private judge who listens to both parties to determine the best course of action. After a series of meetings, the arbiter makes a ruling in favor of the claimant or defendant. Arbitration can be binding or non-binding, depending on the circumstance.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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The Dangers of Improper Airbag Deployment in Maryland

Thu, 01 Aug 2019 12:07:00 GMT

Improper airbag development can be extremely dangerous for drivers and passengers alike and can lead to serious injuries or even death.

According to the National Highway Traffic Safety Administration, Volkswagen is recalling 27,822 of its 2015-2016 CC cars and Tiguan SUVs due to a defective computer component that can prevent airbags from deploying when needed in a crash. The defect can also prompt airbags to deploy in the absence of a crash. Improper airbag deployment can be extremely dangerous for drivers and passengers alike and can lead to serious injuries or even death.

Improper Airbag Deployment Injuries

A spokesperson for Volkswagen announced that he wasn’t aware of any crashes or injuries related to the defective airbags, but what if VW had not recalled the defective vehicles? Improperly deployed airbags can cause whiplash injuries, traumatic brain injuries, and spinal injuries. Other common airbag injuries include facial injuries, chest injuries, and burn injuries.

Examples of Improper Airbag Deployment

While VW attributed their recent recall to a defective computer component, there are many reasons why airbags may deploy improperly.

Tether Failure

Internal tethers ensure that the airbag inflates correctly upon collision. If these tethers fail, the airbag could inflate improperly, consuming too much of the driver or passenger’s space. A tether failure could lead to serious facial injuries and injuries to the head or chest.

Failure to Deploy

Airbags are meant to protect drivers and their passengers from dangerous collisions. If an airbag fails to deploy, occupants are left without protection, and the result could be fatal.

Takata Airbags

The Takata airbag recall is a specific example of improper airbag deployment. The vehicle manufacturer used ammonium nitrate to inflate the bags upon collision, but this chemical can cause the airbags to explode as they inflate. 16 people were killed in the United States by defective Takata airbags.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced an injury as a result of a defective airbag? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.

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The 4 Elements of a Medical Malpractice Case

Fri, 26 Jul 2019 11:57:00 GMT

Read on to review the four elements of medical malpractice to determine if you may have a case.

If you believe that you were the victim of medical malpractice in Maryland, it’s important to seek the guidance of an experienced medical malpractice attorney. He or she can review your case and help determine if the scenario constitutes medical malpractice or not. Read on to review the four elements of medical malpractice to determine if you may have a case.

Doctor-Patient Relationship

In most cases, proving a doctor-patient relationship is a simple part of the process. A patient establishes a relationship with a doctor or medical professional when he or she visits the doctor for an examination and agrees to receive treatment or care. Examples of medical professionals who can be held liable for malpractice include doctors, nurses, health care technicians, surgeons, dentists, and physician assistants.

The Doctor was Negligent

Medical negligence occurs when the medical professional deviates from the reasonable standard of care. Whether the medical professional “deviated from the standard of care” is a question that can only be answered by an expert from that medical professional’s field who is competent to state what the standard of care in their profession is under the circumstances presented in the case. Negligence is not always easy to prove, and patients should seek experienced counsel to assist them with their case. The Law Offices of Cardaro & Peek has medical personnel on staff to assist them with cases, as well as access to nationally recognized physicians and other experts.

Negligence Led to the Injury

Once the patient can prove that the doctor was negligent, he or she must show that the doctor’s negligence was the cause of the injury they experienced. Like a deviation from the standard of care, this must be proven by medical experts competent to testify how a certain injury was caused, and whether the said injury would have occurred absent the negligence of the medical professional.

Damages Were Suffered

Lastly, the patient must prove that he or she suffered damages as a direct result of the injuries caused by the doctor’s neglect. Relevant damages include substantial medical bills, inability to continue working, immense physical pain, or even death.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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When is a Medication Error Considered Medical Malpractice?

Wed, 24 Jul 2019 11:54:00 GMT

According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error.

According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error. Additionally, hundreds of thousands of patients experience adverse reactions related to medication, but often do not report their experiences. In some cases, patients pursue medical malpractice lawsuits to seek justice and damages for injuries caused by medication errors.

Common Medication Errors

Medication errors can lead to severe injuries or even fatality. Medical professionals can prescribe the wrong medication to a patient or also fail to research the patient’s past prescription drug use. Common examples of medication errors include prescribing the wrong dosage, prescribing the wrong medication, failure to check the patient’s drug allergies, and failure to provide proper instructions.

Proving Duty of Care

Not all medication errors are considered malpractice. Patients must determine that the duty of care was breached when their doctor or medical professional prescribed the medication. In regards to medication errors, “duty of care” means that the medical professional charged with prescribing medication must take reasonable steps to ensure their patient’s well-being.

Breach of Duty & Causation

A breach of duty occurs when a medical professional fails to adhere to the standard of care, and the patient suffers as a result. A breach of duty may occur in a medication error case if the doctor fails to check the patient’s allergies before prescribing a medication, and the patient suffers an adverse reaction. The patient must be able to prove that the medical professional’s negligence was the cause of his or her injury.

Proving Damages

Finally, the patient must be able to prove that the injury related to the medication error caused damages, whether economic or emotional. Common damages include hospital bills, out-of-pocket medical expenses, lost wages, and pain and suffering.

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Statute of Limitations in Products Liability Cases in Maryland

Tue, 23 Jul 2019 11:50:00 GMT

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In Maryland, the Statute of Limitations in a Products Liability Case is “three years from the date it accrues.” Md. Code, Cts. & Jud. Proc. Art. § 5-101. Under the “discovery rule” this means that the statute of limitations should not begin to run until the plaintiff “knows or, through the exercise of due diligence should know, of injury, its probable cause, and manufacturer of wrongdoing or product defect.” Pennwalt Corp. v. Nasios , 314 Md. 433, 5520 A.2d 1155 (1988).

The interplay of the “discovery rule” becomes very important in determining the statute of limitations on your potential product liability case and depends heavily on what type of product may have caused your injury. Thus, determining whether the statute of limitations has run on your potential claim comes down to these facts:

Bear in mind that this means you should not wait until you learn the product was defective before attempting to bring suit. If you are aware the product caused the injury, whether due to some defect or not, the statute of limitations will begin to run.

The discovery rule becomes important when dealing with product liability claims arising out of medication, products with dangerous substances, or medical devices, where it could potentially take years before an injury and its causes are discovered. In other cases, such as with a defective airbag or garage door opener, the injuries and its causes will be known immediately.

It is important not to wait until you are close to the statute of limitations before exploring a potential medical malpractice claim. Even the most experienced lawyer will need time to investigate what the product’s defect is and what entity is responsible for the defect – whether it be the manufacturer, distributor, or packager. If a product is built from parts from many different manufacturers, such as a car or piece of heavy machinery, many other different potential defendants come into play.

If you believe you or a loved one have been injured because of a defective product, the lawyers at Cardaro & Peek can help.

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Cerebral Palsy and Birth Injury Claims in Maryland

Fri, 19 Jul 2019 12:21:00 GMT

If your child is a victim of medical malpractice, the attorneys at Cardaro & Peek would like to assist you and your family.

Five years ago, an expecting mother arrived at Johns Hopkins Bayview Medical Center in Baltimore, Maryland. The doctors informed her that her blood pressure was dangerously high due to preeclampsia and that her baby would suffer brain damage. The 16-year-old mother decided to forgo a C-section, and her baby subsequently experienced brain damage resulting in cerebral palsy. Two weeks ago, a Baltimore jury awarded the mother and her daughter $229.6 million in damages, one of the highest medical malpractice verdicts granted in the U.S.

Determining Medical Malpractice

The safest option for the mother and her child would have been a C-section delivery, but the doctors told the mother that it would possibly lead to brain injury or death. The mother chose to forgo the C-section, and her baby was born two days later, with no heartbeat. The jury heard the evidence over two weeks and concluded that doctors at Bayview Medical Center violated the standards of care.

Cerebral Palsy

The symptoms of cerebral palsy (CP) vary from child to child. There are four main types of CP, ranging from low to high mobility. In this particular scenario, the child suffered severe CP and needs the assistance of a feeding tube. She may never be able to walk and she requires round-the-clock care by knowledgeable nurses. The family hopes to use the awards to pay for the child’s care throughout the early and later stages of her life.

Seeking Damages

Not every birth injury is considered medical malpractice, but many incidents could be prevented with capable medical care. If you believe that a medical professional’s wrongdoing caused your child’s birth injury, you may be entitled to damages in Maryland. Speak with an experienced birth injury attorney to determine if you could recover economic and non-economic damages.

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Is Falling in the Hospital Considered Medical Malpractice?

Wed, 17 Jul 2019 12:16:00 GMT

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Every 11 seconds, an older adult is treated in the emergency room for a fall, but who is liable when the fall occurs on the hospital grounds? It isn’t uncommon for a patient or their loved one to fall in a medical facility, and sometimes, these falls can lead to serious injuries. Depending on the circumstances, falling in a hospital or medical facility could be considered medical malpractice .

Examples of Inpatient Falls

The person who was injured must have been receiving treatment in order for the fall to be considered medical malpractice . Furthermore, the doctor or medical professional providing the treatment must have fallen short of the standard of care, and their negligence must have led to the fall and subsequent injury. Examples of inpatient falls include:

— Polypharmacy: Polypharmacy occurs when multiple medications are prescribed to the patient at one time, and the patient experiences adverse side effects and falls.

— Misdiagnosis: When a doctor fails to recognize that a patient has suffered a debilitating episode, they may place the patient in an inadequate bed or leave the patient unattended, causing the patient to fall.

Slip and Fall Claims

If a patient is walking from their hospital bed to the front desk and slips and falls on a puddle of water, the hospital could be liable for any injuries. Slip and fall claims can occur in any location, but an incident that occurs on hospital grounds must be unrelated to the patient’s condition and their treatment.

Negligence or Medical Malpractice

When it comes to examining falls that occur in a medical facility, it’s important to determine if the case is medical malpractice or negligence. Did the fall occur at the fault of a doctor while she was administering care? Or did the fall occur at the fault of a leaky ceiling or other problem with the facility? An experienced medical malpractice attorney can help determine if your case is considered negligence or medical malpractice.

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Statute of Limitations for Medical Malpractice Cases in Maryland

Mon, 15 Jul 2019 17:45:00 GMT

In Maryland, the Statute of Limitations in a Medical Malpractice Case is three years from the injury.

In Maryland, the Statute of Limitations in a Medical Malpractice Case is three years from the injury. If an injury is not discovered right away, one can file a suit within three years of the injury being detected, through what is commonly known as the “discovery rule.” Md. Code, Cts. & Jud. Proc. Art. § 5-109.

However, barring unusual circumstances even with the benefit of the “discovery rule” a lawsuit must still be brought within five years of the injury.

The lone exception is for medical malpractice injuries to minors, for whom the 3-year clock does not begin to run until their 18 th birthday.

If you think you or a loved one has been injured due to medical negligence, it is important to meet with an experienced medical malpractice lawyer as soon as possible. Before a medical malpractice lawsuit is ready to be filed, one must gather as many relevant medical records together as possible and give those records to a medical expert who must determine whether there was a breach in the standard of care. This process can take many months, which means your attorney should have as much time as possible within the statute of limitations to file a case. Additionally, even after a lawsuit is filed, oftentimes an attorney will learn of additional parties that were negligent through the discovery process and can only bring a claim against those additional parties if the statute of limitations has not run.

For all of these reasons, it is important that we do not wait until the statute of limitations approaches to

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Medical Malpractice Claims Involving Children

Wed, 10 Jul 2019 19:38:00 GMT

If your child is a victim of medical malpractice, the attorneys at Cardaro & Peek would like to assist you and your family.

A recent study conducted by the Doctors Company found that misdiagnosis is the main reason for medical malpractice lawsuits involving children. The study involved over 1,200 claims filed on behalf of pediatric patients from 2008 to 2017, drawing from physicians in over 50 specialties and subspecialties. Obstetricians were named in the highest percentage of malpractice cases while brain injuries accounted for the highest percentage of claims for age groups of all children. Read on to learn more about medical malpractice claims involving children.

The Difficulty of Diagnosis

According to the study, diagnosis-related allegations were the most common in all groups of children except for newborns. Accurately diagnosing a pediatric patient can be challenging, because symptoms may not be specific to a certain condition. Younger children may not be able to articulate pain or symptoms and parents may fail to share critical details about the child’s condition. Physicians must consider numerous factors to eliminate any ambiguity when diagnosing a child.

Avoiding Errors and Medical Malpractice Claims

Diagnosing children may be difficult, but there are several steps that physicians can take to avoid medical errors and malpractice claims. First, physicians can keep thorough and detailed records of the patient’s activity. Everything from lab tests to medication orders should be documented. Without thorough documentation, physicians can miss key details of the patient’s case. Second, physicians should communicate clearly with staff, parents, and their patients. It’s important for doctors to be prepared for questions or concerns raised by patient’s caregivers, and to communicate responses effectively. Lastly, hospitals and other medical facilities should do their due diligence by training physicians on an array of possible medical conditions. Preparedness is the best way to avoid errors and medical malpractice claims.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Nursing Home Staff Members are Concealing Neglect and Abuse

Mon, 08 Jul 2019 18:51:00 GMT

If you or a loved one have suffered abuse or neglect at the hands of nursing home staff members in Baltimore, Washington D.C., and beyond, call the lawyers at Cardaro and Peek today.

The fact that a loved one could experience abuse at the hands of a trusted professional is a painful thought, especially if the abuse is concealed by nursing home staff members. The task of uncovering abuse can be difficult when administrators and staff members refuse to disclose important information to family members or their lawyers. Nursing home negligence is not always a clear-cut case, but the lawyers at Cardaro and Peek can help you and your loved one recover the compensation you deserve.

Failing to Report Abuse

According to a report by the Health and Human Services inspector general’s office, more than one in four cases of possible sexual and physical abuse against nursing home patients went unreported to police in 2017. Nursing home staff members are trained to recognize the signs of abuse or neglect and must report high-risk incidents within two hours (if the victim experienced severe bodily injury). Some abuse cases remain unreported, but other cases involve staff members blatantly lying about an abuse victim or scenario.

Falsifying Documentation

Nursing home staff members must maintain a detailed record about their assigned patients. Records include information such as input of liquids, number of bowel movements, vital metrics, and injuries. If abuse occurs due to the negligence of the nursing home, administrators may direct staff members to alter notes to make it appear that the neglect was not the fault of the facility.

Failing to Record Properly

In some cases, abuse and neglect are uncovered through documented changes in a resident’s condition. Bedsores and dehydration are common signs of neglect and often noted in the daily records. Staff members who fail to record a patient’s condition properly are knowingly or unknowingly concealing abuse.

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Selecting the Right Baltimore Lawyer for Your Medical Malpractice Case

Fri, 05 Jul 2019 15:53:00 GMT

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If you are a victim of a surgical error, cancer misdiagnosis, unnecessary surgery, or any other form of medical malpractice, you may need to find legal representation in your city. There are numerous medical malpractice firms in Baltimore , but only the most experienced and most trustworthy lawyers can help you win your case. Learn how you can select the right lawyer in Baltimore, Maryland.

Ask for a Referral

Medical malpractice cases can involve sensitive matters, and it’s important to work with a lawyer that you can trust. Ask your close friends or family members for referrals. If you’re new to the area, consider researching your options online. If you don’t have access to a computer, you can call your county’s local bar association or the state bar association and ask for a list of reputable medical malpractice attorneys.

Interview Your Options

If you still have two to three options to choose from, call their offices and set up a phone or in-person interview. Before your meeting, write down the basics of your case so you’re familiar with the dates, names, and facts. Draw up a list of questions to ask your candidates. Important considerations include the attorney’s experience level, practice areas, verdict history, and legal approach.

Choose the Best Lawyer for Your Case

Interviewing candidates will allow you to gain an understanding of each lawyer. Choose the option that you trust the most, make an agreement, and sign a contingent fee retainer agreement. You may need to release your medical records to the attorney so he or she can review your case thoroughly. In most cases, you will not pay the lawyer up front. Instead, you will agree to turn over a portion of the award in the event that you win the case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Maryland Seat Belt Laws are Stricter than Ever

Wed, 03 Jul 2019 15:47:00 GMT

Remember to buckle up this summer!

Whether you’re a professional truck driver or driving through Maryland on vacation, it’s important to keep the state’s seat belt laws in mind. The laws are stricter than ever, especially in regards to child safety. According to the United States Department of Transportation, seat belt use in passenger vehicles saved an estimated 14,955 lives in 2017. Avoid expensive tickets and potential personal injury by following all Maryland seat belt rules.

Avoid Tickets

Did you know that driving without a seatbelt is a primary offense in Maryland? That means that an officer can pull you over if you or your front seat passenger are not wearing belts properly. Buckling up doesn’t just ensure your safety; it reduces your chances of being pulled over and receiving a ticket. When buckling up, make sure that the shoulder harness is worn across the shoulder and chest with minimal slack. The lap belt should be adjusted so that it lies across your hips.

Check Your Passengers

All passengers must wear a seat belt, no matter where they choose to sit. An officer can’t pull you over if a backseat passenger is not wearing a belt, but they can issue a citation for an unbelted passenger if they pull you over for another reason, such as speeding. Wherever you go this summer, make sure that each of your passengers is wearing a seat belt properly.

Child Safety

If you have a child younger than eight years old, Maryland car seat requirements will depend upon their height. Children taller than 4’9” are required to use a booster seat or car seat depending on their age. If you are using an older safety restraint, check the label to make sure that it’s federally approved. You may have to trade the booster seat or car seat in for a newer model.

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers at Cardaro and Peek have years of experience handling cases involving significant personal injury, including motor vehicle accidents and trucking accidents. Call our offices today.

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How Do I Find Out if My Doctor Has Been Sued Before?

Tue, 02 Jul 2019 16:39:00 GMT

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It is perfectly normal and appropriate to wonder if the physician or health care provider treating you or a loved one has been sued for medical negligence in the past, either out of general curiosity or a specific concern about his or her course of treatment.

Remember that while it is natural and appropriate to wonder whether your doctor has been sued, it should have little bearing on whether to doubt that said doctor is administering proper care. A doctor can go his whole career without getting sued and be capable of gross negligence, and many skilled doctors have been sued many times. Your judgment about the propriety of the care a doctor is providing to your or a loved one should be based on your own observations and, if need be, the determination of experienced lawyers and medical experts who have scrutinized the medical records.

Additionally, even if your doctor has been sued before, it would have little impact on the viability of a medical malpractice case against him for the treatment he provided to you or a loved one. In Maryland, as in many states, evidence of a prior lawsuit against a doctor is only admissible in very limited circumstances.

There are a variety of ways of determining whether your doctor has been sued before and whether his or her case resulted in a judgment or settlement.

However , make sure in your searches that you have the physician’s correct name or, if he has a common name, you have narrowed your search results with other identifying information.

However , most medical boards will only identify judgments or settlement against the physician by name. If there was a judgment or settlement against the physician’s employing hospital or medical practice because of his negligence, with the doctor’s name left out, it would not appear in publicly available state medical board records. Oftentimes a condition of a case settling is that the settlement will not go on the physician’s permanent record – meaning that it would not appear o his state medical board profile.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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What Does it Cost to Hire a Lawyer to File a Medical Malpractice or Personal Injury Lawsuit?

Fri, 28 Jun 2019 18:00:00 GMT

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Oftentimes, prospective clients who are interested in pursuing possible medical malpractice or personal injury lawsuit, especially those who have never been involved in a lawsuit before, ask us how much it would cost to retain our firm. The answer is quite simple: NOTHING, we only get paid we win or settle your case .

The lawyers at Cardaro and Peek earn their fee on contingency, which means simply that they are only paid if they obtain a favorable verdict or settlement. Our fee is a percentage of any recovery in the case through either verdict or settlement and reimbursement for the costs and expenses associated with bringing the case.

Before hiring a law firm to bring medical malpractice or personal injury suit on your behalf, it is important that your lawyers explain their fee structure in a clear and detailed manner, including alerting you to potential reimbursable costs and expenses that would be associated with prosecuting the action.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Summertime Tips for Safe Driving in Maryland

Wed, 26 Jun 2019 16:34:00 GMT

Learn how you can drive safely, and avoid serious personal injury, with the following tips.

Summer is officially here in Maryland, and with it comes traffic and congestion on the road. Being aware of other drivers and driving safely is as important as ever during the summertime in order to avoid car accidents . Learn how you can drive safely, and avoid serious personal injury , with the following tips.

Regular Maintenance

It’s important to make sure your car is in good shape before you hit the road. There are simple steps you can take to make sure your car is well-maintained for summer driving. This includes checking your tires. Always check the treads and tire pressure to help you avoid unexpected flat tires.

Pack Smart

Whether you’re planning a family camping trip or a day at the beach, always distribute cargo in your vehicle as evenly as possible. This can prevent problems with your suspension and help your vehicle to avoid rolling in the event of a car accident.

Dress Appropriately for the Road

With the weather heating up, it can be tempting to throw on your favorite sandals for a short drive or a long road trip. But flip flops can easily get caught in the pedals and cause a car accident , so opt for close-toed shoes instead for summertime driving.

Avoid Distracted Driving

Cell phone use is a major risk for car accidents, and with so many more drivers on the road, it’s important to stay alert. Don’t get caught off guard on the road, especially in the sometimes unpredictable Maryland traffic.

Share the Road

Always keep an eye out for other drivers during the summer. Between truckers , motorcyclists, bicyclists, and young new drivers, there are simply more drivers on the road in the summertime. Always check twice for motorcycles and be sure to drive defensively on congested roads.

Children at Play

With school dismissed for the season, you’re sure to see more children in just about any Maryland neighborhood. Always keep an eye out, especially when children are playing close to the road, and drive carefully. Children can be unpredictable, crossing the street or chasing after pets and toys, so use caution in residential neighborhoods and try to always be aware.

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Heart Attack Misdiagnosis and Medical Malpractice

Fri, 21 Jun 2019 17:40:00 GMT

Heart disease is still the leading cause of death for both men and women, according to the Centers for Disease Control.

Heart disease is still the leading cause of death for both men and women, according to the Centers for Disease Control. Approximately five million people in the U.S. visit emergency rooms with heart attack symptoms each year. Unfortunately, many of these symptoms are similar to common non-life threatening conditions, and doctors continue to misdiagnose the patient’s severe medical condition.

Common Diagnosis Mistakes

Some of the most common mistakes made during the diagnosis of a heart attack include failure to diagnose the condition in younger patients, failure to recognize the condition in women, and improperly reading a patient’s ECG. Doctors commonly fail to assess the patient’s age, previous heart conditions, medical history, and the patient’s lifestyle. Failure to diagnose a heart attack often occurs in the emergency room or the patient’s primary care office.

Misdiagnosing Women

A recent study led by the Yale School of Public Health found that lesser-known heart attack symptoms, especially in women, aren’t being recognized by doctors and patients alike. Non-chest pain symptoms are often disregarded as acid reflux when in actuality they’re a sign of something more serious. Doctors commonly misdiagnose heart attack symptoms in females as stroke or even anxiety attacks. A New England Journal of Medicine study found that women under the age of 55 were seven times more likely to have their heart attack misdiagnosed than men.

Approaching Heart Attack Misdiagnosis

When a patient survives a heart attack misdiagnosis, he or she can suffer physical, emotional, and financial hardships for years after. Seeking legal assistance can help patients and their families cope with the new changes in their lives. If you or a loved one have experienced a heart attack misdiagnosis, reach out to an experienced Maryland medical malpractice lawyer today. The lawyers at Cardaro and Peek are looking forward to your call.

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Can I Sue my Doctor for Performing an Unnecessary Surgery?

Thu, 20 Jun 2019 16:04:00 GMT

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According to a medical journal from 2017 , physicians reported that more than 20% of overall medical care was unnecessary, including about a quarter of tests, more than a fifth of prescriptions, and over a 10th of procedures. When asked why physicians were ordering unnecessary care, the most common reason cited was the fear of being sued for malpractice. Ironically enough, Cardaro & Peek has obtained millions of dollars for clients involved in unnecessary surgery claims. Read on to learn more.

Proving Medical Negligence

To sue for medical malpractice, you must first prove that the physician was negligent when he or she ordered the surgery. Proving negligence involves obtaining all medical records relating to the treatment in question and hiring a medical expert to provide an opinion as to whether the physician was negligent or not. In some situations, such as if the physician operates on the wrong body part, a medical expert is not needed. It’s important to prove that the surgeon diverged from the standard duty of care while performing the surgery and that another capable surgeon in a similar situation would not have made the same call.

Collecting Damages from Unnecessary Surgeries

All surgeries involve inherent risk, and patients that survive unnecessary surgeries often face a difficult road to recovery. Aside from medical and physical hurdles, patients are also burdened with financial obstacles amassed from medical bills and lost wages. Filing a claim allows patients to collect damages and to recover financially and mentally from a traumatic unnecessary surgery. Patients can also recover non-economic damages to assist with pain and suffering and loss of enjoyment of life caused by the physician’s negligence.

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you suffered physically, mentally, or financially from an unnecessary surgery? The attorneys at Cardaro & Peek would like to review your case and help you and your family recover.

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Medical Malpractice and Informed Consent

Fri, 14 Jun 2019 16:31:00 GMT

If a patient is unable to give properly informed consent, it can lead to medical malpractice.

Typically, physicians and their patients discuss the risks and benefits of treatment before deciding on a course of action, whether that means medication, surgery , or even physical therapy. A part of this is informed consent. When a patient is weighing their options, it’s important that their healthcare provider gives them all the information they need in order to give informed consent. This means all the important details of the treatment, including any known risks. If a patient is unable to give properly informed consent, it can lead to medical malpractice .

Risks and Benefits

A signature on a medical waiver or other form is not enough to constitute informed consent. Patients must be told the benefits and risks of their treatment options in detail, in addition to alternate options. Once given all this information, a patient has the right to consent or refuse the treatment. If a patient consents to a procedure without being properly informed, it can leave them vulnerable to any unknown risks.

Consent Forms and Malpractice

Consent forms serve to ensure patients have gotten all the information needed to make informed decisions about their health. It’s very important that consent forms are clear in warning patients of any risks or dangers associated with the healthcare they are receiving. If these forms fail to warn you of the risks of your treatment, it can constitute medical malpractice . Always examine consent forms closely: not only do they warn you of the risks of any treatment or procedure, but they also serve as an important reference so that you can confirm the details of your treatment later on.

Communication

It’s crucial that your healthcare provider communicate the details and risks of treatment in a clear manner. This can mean using an interpreter to inform you despite a language barrier and using clear language that you can understand. While doctors use medical jargon every day, it’s important that they make sure they’re using language with patients that will help them understand their treatment options and not leave them in the dark.

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Learn More About Laboratory Medical Malpractice

Thu, 13 Jun 2019 14:52:00 GMT

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There are many forms of medical malpractice , many that aren’t always as easy to identify as negligence or withheld information. The quality of care that your physician can provide will largely depend on the accuracy of the information they have regarding your symptoms and diagnostic test results. Laboratory malpractice can result in diagnostic errors that can lead your healthcare providers to provide improper treatment or forego proper treatment. This can cause serious health problems for the patient and can constitute medical malpractice. Here are the basics of laboratory malpractice and how it can result in medical malpractice.

Medical Diagnosis

Healthcare providers rely on several methods for diagnosing illnesses, injuries, and medical conditions. By utilizing patient histories and various types of diagnostic exams, physicians can narrow down the best course of treatment in order to provide care to a patient. Often, this will entail laboratory tests in which a patient sample is examined in a laboratory setting. The results of this examination are used to determine a diagnosis.

Diagnostic Errors

There are many consequences of diagnostic errors in a laboratory. For example, misinterpreted test results can cause a condition to go undiagnosed, leading to unnecessary suffering on the part of a patient. A delayed diagnosis can also occur, in which the correct diagnosis is reached, but not until a disease or condition has progressed past the point where an earlier diagnosis could have prevented harm. The wrong diagnosis can also be reached due to laboratory error, which can lead patients to be treated for a condition they do not have–resulting in unnecessary surgery in extreme cases.

Causes of Laboratory Errors

There are several things that can go wrong during laboratory testing, including clerical errors and poor communication. These simple errors can wind up communicating incorrect diagnostic results to your healthcare provider. Contamination or outdated technology can also skew test results, so it’s crucial that laboratory professionals take every possible step to protect lab samples and procedures from errors that can result in medical malpractice .

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Pneumonia Misdiagnosis and Medical Negligence

Fri, 07 Jun 2019 17:55:00 GMT

If you are a victim of medical malpractice, call the law offices of Cardaro & Peek today.

Nearly one million people in the United States seek care in a hospital due to pneumonia, with 50,000 of those cases resulting in death each year ( CDC ). Pneumonia can often be prevented and treated, but it requires the early detection and diagnosis of a medical professional. If a doctor fails to observe the symptoms and diagnose the condition correctly, the patient could suffer as a result. Read on to learn when pneumonia misdiagnosis is considered medical negligence .

Why is Pneumonia Misdiagnosed?

Pneumonia is characterized as lung inflammation caused by a bacterial or viral infection, in which the air sacs fill with pus. The condition is a common affliction and appears similar to several other conditions such as bronchitis, sinus infection, adult measles, and acute respiratory distress. Doctors are trained to detect the specific symptoms associated with pneumonia, but some physicians misdiagnose their patient.

When the Doctor Fails in His or Her Duty

Doctors and medical professionals must adhere to the standard of care for each and every patient. If any of the following occur, the doctor has failed his or her duty:

Holding Doctors Accountable for Medical Malpractice

In most cases, the doctor is liable if his or her actions cause harm to the patient. Common examples of medical malpractice include exposing the patient to unnecessary and harmful treatment, increasing the likelihood of complications or death, and increasing the chances of severe or fatal pneumonia due to delayed diagnosis. Every case is different, and it may be difficult to determine if your doctor’s actions are considered negligent. Your case requires a careful and thoughtful review of a lawyer experienced in medical malpractice.

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Know the Signs of Lead Paint Exposure in Baltimore

Wed, 05 Jun 2019 17:45:00 GMT

Learn more about lead paint poisoning in Baltimore and call the Law Offices of Cardaro and Peek today to discuss your case.

According to the Baltimore Sun , the number of Baltimore children with lead poisoning fell 19 percent in 2017. The report may be encouraging, but a large percentage of Baltimore children remained untested during that year. Unfortunately, lead paint poisoning is still a prevalent issue in Maryland’s largest city, and it helps to know and recognize the signs in case you or your loved ones are exposed.

What is Lead Paint Poisoning?

According to the Mayo Clinic, lead-based paint and lead-contaminated dust in older buildings are the most common sources of lead poisoning. When a person is exposed to lead paint, the poisons slowly accumulate in the body over months or even years. Children under six years old are especially vulnerable to lead paint poisoning.

Signs and Symptoms in Adults

Lead paint poisoning is often difficult to detect as victims can appear healthy when their blood has a high level of lead. The symptoms begin to appear when dangerous quantities of lead have built up in the body. Signs of lead poisoning in adults include but are not limited to joint and muscle pain, difficulty concentrating, memory issues, mood disorders, anemia, kidney dysfunction, and aggressive behavior.

Signs and Symptoms in Children

Children and newborns are extremely vulnerable to lead paint poisoning, and they often exhibit different symptoms than adults. Signs of lead poisoning in children include but are not limited to weight loss, loss of appetite, fatigue, abdominal pain, vomiting, constipation, hearing loss, and learning difficulties. Signs and symptoms in infants include premature birth, lower birth weight than average, and slowed growth.

Understanding the Risks

If you live in a home that was built before 1978, it’s important to ensure that it does not contain any lead paint. Children living in a home built before this time are more susceptible to lead paint poisoning than adults. Aside from older homes, individuals with certain hobbies can also become exposed to lead paint poisoning. Proceed with caution if you make stained glass, refinish old furniture, or work with jewelry that contains lead solder.

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Assessing Motor Vehicle Accidents in Maryland

Fri, 31 May 2019 13:49:00 GMT

It’s important you speak with a personal injury lawyer after your motor vehicle accident.

Car accidents are devastating ordeals that can lead to life-altering injuries or even death. If you or members of your family were involved in a motor vehicle accident in Maryland a personal injury attorney can help. Contact the lawyers at Cardaro and Peek and read on to learn more about the legal process involved.

At Fault and Contributory Negligence

Like most states, Maryland adheres to an “at fault” system, which means that any person seeking compensation from a car accident must prove that it was the other driver’s fault. Maryland also follows a rule called “contributory negligence,” which states that you cannot recover damages if you were even slightly to blame for the accident. Therefore, it’s important to prove that the other driver was 100% to blame for the accident to recover damages.

Your insurance company may include a PIP or personal injury protection, which will cover certain damages regardless of the at-fault party. PIP coverage often includes medical expenses and lost wages.

Economic and Non-Economic Damages

In Maryland, courts and insurance companies divide the damages into economic and non-economic. The former refers to specific costs, such as hospital stays and new tires. The latter refers to conceptual costs, such as pain and suffering or loss of companionship. It’s important to note that Maryland has a cap on non-economic damages, and the amount fluctuates yearly. Your lawyer will help you determine which types of damages you can expect to receive.

Seeking Legal Counsel

Only an experienced, local personal injury can help you obtain the damages you deserve. Contributory negligence rules can be harsh, but a team of Maryland lawyers can ensure that you and your family are taken care of. Contact the lawyers at Cardaro and Peek today to discuss your case!

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Common Examples of Medical Malpractice in Nursing

Thu, 30 May 2019 17:00:00 GMT

If you or members of your family have suffered due to nursing negligence the lawyers at Cardaro and Peek can assist you with your case.

According to the World Health Statistics Report, there are approximately 3.9 million licensed nurses in the United States. We trust these individuals to handle our medical needs and to ensure that our family members are in good care. It is when a nurse fails to complete his or her tasks that errors can occur and a patient is harmed as a result. If you or members of your family have suffered due to nursing negligence the lawyers at Cardaro and Peek can assist you with your case.

Errors in Medication

Nurses administer medication to patients every day, and the nurse must ensure that the patient receives the correct medication and dosage. Administering the wrong medication or dosage could lead to harmful effects and the nurse assigned to the patient could be at fault. Nurses are also responsible for verifying allergies and a failure to do so could lead to a dangerous allergic reaction.

Failure to Monitor

Nurses are often charged with the tasks of monitoring the patient, tracking their condition, and informing the physician of any changes. Monitoring the patient properly is of the utmost importance, especially if the patient is in critical condition. If a nurse misses a change in vital signs or fails to respond to a patient, they could be held responsible for any harm that occurs.

Mistakes with Documentation

Paperwork may be tedious, but an accurate and precise record of the patient’s condition is crucial to their health. Information such as vitals, medications, and reactions assists the next shift of nurses and physicians with their duties. If a nurse fails to record information accurately, the patient can suffer extreme consequences. Examples of documentation mistakes include inaccurately recording conditions, using incorrect abbreviates, and failing to update progress.

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Cardaro & Peek has obtained over $1,100,000 for victims of wrongful death caused by pulmonary embolus due to nursing errors and medication errors in the hospital.

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When Complications From Cesarean Delivery Rise to the Level of Medical Malpractice

Fri, 24 May 2019 16:15:00 GMT

According to the Centers for Disease Control and Prevention, 32% of child deliveries in the U.S. were cesarean sections ( data from 2017 ). Cesarean deliveries (C-sections) are a significant surgical procedure required when natural childbirth may be harmful to the mother or infant. C-sections are major surgeries, and mistakes sometimes occur. However, when the error occurs as a result of a medical professional’s negligence, the complications may rise to the level of medical malpractice .

Categories of Malpractice

The first main category of medical malpractice related to C-sections is a failure to perform a C-section. Obstetrician-gynecologists are trained to recognize fetal or parental distress during all stages of pregnancy, and failure to perform a necessary C-section could result in a variety of complications for the mother and child. The second category is the failure to perform a C-section properly.

Pre-Natal Signs

Emergency C-sections are crucial in some cases, but in certain situations, the doctor recognizes that a C-section is necessary long before the childbirth. Common conditions that should result in a C-section include placenta issues, carrying multiples, cord prolapse, and chronic health conditions. The doctor must recognize the signs and plan for a safe C-section.

Botched Surgery

An OB/GYN may recognize and even plan for a C-section, but he or she still has a duty to perform the procedure in a manner that adheres to the standard level of care. Unfortunately, negligent errors occur, and some can even be fatal. Common C-section errors include lacerated bowels, broken bones, oxygen deprivation, and improper wound closure.

Cardaro and Peek has obtained millions of dollars in compensation for victims of brain damage, neurologic injury, cerebral palsy, and developmental delay caused by negligence during the prenatal period and at delivery and the failure to perform a cesarian section. While no two cases are alike, if you or your infant have been harmed as a result of a delayed or negligently performed cesarian section, the experienced lawyers at Cardaro & Peek can help.

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Negligent Medical Care Can Lead to Deep Vein Thrombosis (DVT)

Wed, 22 May 2019 15:02:00 GMT

The lawyers at Cardaro and Peek have obtained millions of dollars in compensation for the victims of wrongful deaths resulting from a failure to treat deep vein thrombosis (DVT).

The lawyers at Cardaro and Peek have obtained millions of dollars in compensation for the victims of wrongful deaths resulting from a failure to treat deep vein thrombosis (DVT). According to the U.S. National Library of Medicine National Institute of Health (NCBI), DVT affects an estimated 300,000 to 600,000 individuals in the U.S. every year. There are many known risk factors associated with DVT and trained medical professionals must recognize and treat the condition.

Risk Factors

DVT involves the formation of a blood clot in the deep veins of the legs or pelvic region. Once a clot is formed, it can restrict blood flow and cause pain and swelling of the legs and even pulmonary embolism. Common risk factors associated with DVT include smoking, obesity, pregnancy, and kidney problems. DVT most commonly occurs during or after surgery.

Due to the close relationship between surgery and deep vein thrombosis, the doctor must evaluate the patient’s risk of developing DVT prior to surgery. If the doctor determines that the patient is at a high risk of developing DVT, he or she will normally prescribe blood thinners to pursue other cautionary methods.

Proving Negligence

As with most medical malpractice claims, the patient must prove that the defendant doctor breached the standard of care. To win the case, however, it’s also crucial to show that the doctor’s negligence was the cause of the DVT. It is not enough for the patient to show that they suffered; they must also prove that the suffering was the direct result of negligence. The doctor is considered liable if the DVT was preventable, and that another capable medical professional would have prevented the damage from occurring.

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Did you or a family member suffer as a result of the wrongful actions of a medical professional? If so, contact the Law Offices of Cardaro & Peek today.

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4 Things You Need to Know About Your Medical Malpractice Case

Fri, 17 May 2019 20:11:00 GMT

The attorneys at Cardaro & Peek are committed to helping you or your loved ones every step of the way.

If you or members of your family were severely injured due to the negligent actions of a medical professional, you might not know where to begin. Your first step should be to meet with a team of local, experienced attorneys who specialize in medical malpractice. Prepare for your initial meeting, and read on to learn more about your potential medical malpractice case.

Understand the Statute of Limitations

Each state has a statute of limitations that bars victims from filing a medical malpractice case after a certain time period. Maryland law states that a medical malpractice lawsuit must be filed within five years of the time that the injury was committed, or within three years of the date the injury was discovered.

Do not wait until days before the statute of limitations runs before meeting with an attorney , as it more often than not takes months to properly investigate a claim before it can be filed. That investigation involves obtaining all of the relevant medical records and having those records reviewed by one or more medical experts who must certify a case before it is filed. Thus, it is important your attorneys have as much time as possible to investigate a claim before the statute of limitations runs out.

Your Case May Take Time

Medical malpractice cases involve multiple layers, and can sometimes require more time than expected. Some cases involve expert testimony with other cases require expert witnesses to testify. Your lawyer can help outline the process, but it’s important to be patient about the settlement.

You Require an Experienced Attorney

You may have experienced an injury at a medical facility, but that doesn’t mean you have a medical malpractice case. Consult with an experienced lawyer to determine if your case is valid, and he or she will outline the next steps.

You Deserve Compensation

If an attorney determines that you have a medical malpractice case, you deserve compensation for your pain and suffering. A lawyer cannot help undo the past, but they alleviate the financial burden of medical bills, missed work, and more.

Contact The Law Offices of Cardaro & Peek, LLC Today

Cardaro & Peek, LLC has obtained millions of dollars for clients involved in medical malpractice claims. If you think that you are a victim of medical malpractice, do not hesitate to call our office. Our experienced team of medical malpractice attorneys is ready to review your case.

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The Misdiagnosis of Cancer and Medical Malpractice

Thu, 16 May 2019 20:04:00 GMT

The lawyers at Cardaro and Peek, LLC have successfully handled medical malpractice cases involving cancer in Baltimore, Washington, and throughout Maryland.

Failing to diagnose cancer is a common medical malpractice claim but proving that the doctor involved was negligent can present a variety of hurdles. The lawyers at Cardaro and Peek, LLC have successfully handled medical malpractice cases involving cancer in Baltimore, Washington, and throughout Maryland . Read on to learn more.

The Standard of Care

A doctor may misdiagnose a particular type of cancer and not necessarily breach the standard of care. Cases involving cancer can be complex, and some cancers can be difficult to detect at various stages. It is when the doctor behaves negligently or unreasonably that the case may rise to medical malpractice.

Most medical malpractice cases involve proving that the medical professional involved breached the professional standard of care. As with other cases of medical malpractice, a case based on cancer misdiagnosis would require the plaintiff and the defendant to present testimony from a medical expert. The expert will then determine if the doctor acted as any other reasonable doctor would in his or her position.

The Consequences

In order for a doctor to be found liable for medical malpractice, the plaintiff must show that he or she suffered an injury which would not have occurred in other circumstances. A variety of complications can arise from this requirement. For example, a doctor may be considered unreasonable in failing to diagnose a type of cancer, but the consequences for the plaintiff might be unchanged with a proper diagnosis.

Liability

In some cases, the doctor incorrectly determines a patient has cancer when he or she does not. If experts determine that the misdiagnosis was a breach of care, the doctor could be liable for any damages caused by unnecessary surgery , treatment, or mental suffering.

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Cardaro & Peek, LLC has obtained over $7,064,000 for clients involved in breast cancer misdiagnosis. If you think that you are a victim of cancer misdiagnosis, do not hesitate to call our office. Our experienced team of medical malpractice attorneys is ready to review your case.

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The Risks of Unnecessary Surgery

Fri, 10 May 2019 12:18:00 GMT

Cardaro & Peek, LLC has obtained over $4,500,000 for clients involved in unnecessary surgery claims.

A study published in U.S. National Library of Medicine National Institutes of Health entitled, Why Do Surgeons Continue to Perform Unnecessary Surgery ? defines unnecessary surgery as “any surgical intervention that is either not needed, not indicated, or not in the patient’s best interest.” The article details the negligence of U.S. hospitals and urges surgeons to embrace patient safety as a “core responsibility.”

Despite these efforts, medical professionals continue to perform unnecessary surgeries on thousands of patients each year.

Why Do Unnecessary Surgeries Occur?

There are various reasons why a medical professional might perform unnecessary surgery, and not all instances are considered medical malpractice. A surgeon may perform surgeries because they do not know a better option. A surgeon may also perform surgeries to profit financially or to gain notoriety in the field. All surgery involves risk, including hemorrhaging, infection, anesthesia errors, damage to internal organs, and more. A patient should only be subject to such risks if absolutely necessary.

Unnecessary Surgery and Medical Malpractice

Medical malpractice may occur if the patient suffers an injury as a result of a surgical procedure that did not need to occur. One example is where a medical professional convinces a patient that he or she needs an operation when other, non-surgical options would be more effective and appropriate, and the patient suffers. As a result, the doctor could be negligent. Similarly, if performing the surgery violated the standard of care, and the patient can prove that the doctor’s actions led to the injury, it may be considered medical malpractice.

Contact The Law Offices of Cardaro & Peek, LLC Today

Cardaro & Peek, LLC has obtained over $4,500,000 for clients involved in unnecessary surgery claims. If you think that you are a victim of unnecessary surgery, do not hesitate to call our office. Our experienced team of medical malpractice attorneys is ready to review your case.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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What to Expect When Pursuing a Personal Injury Lawsuit

Thu, 09 May 2019 12:11:00 GMT

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If you have never been involved in a lawsuit before, chances are you are anxious about the process. Pursuing a personal injury claim should not be a stressful endeavor, and the lawyers at Cardaro & Peek can help you through the various stages of your lawsuit. Read on to learn more.

Working with a Personal Injury Attorney

Whether you were a victim of lead paint poisoning or a motor vehicle accident, it’s important to work with a team of experienced personal injury attorneys. After you receive medical treatment, consult a lawyer to ensure that your claim is valid. Before your first meeting, gather all important documents such as medical records, photographs, and notes taken during and after the incident.

Investigating the Case

Serious personal injury claims involve an investigation stage where your attorney will explore the extent of your injuries and damages. During this stage, they will contact the insurance company and possibly with the lawyer representing the at-fault party. Your attorney may try to negotiate a deal at this time and will update you with any significant developments.

Settling or Filing Suit

In most cases involving personal injuries, claims are resolved before a lawsuit is even filed. While your attorney can advise you whether or not to settle, the decision to accept is up to you. If you do not agree to the settlement, and an adequate solution is not reached, your attorney will file a lawsuit in court. The judge will set a deadline for the process, which will vary depending on the complicatedness of the case.

Take the Case to Trial

In the event that your case goes to trial, your lawyer and the defendant’s lawyer will present their side to a judge or jury. A personal injury trial usually consists of a jury selection, opening statements, witness testimony, cross-examination, closing arguments, and jury deliberation.

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The One Satisfaction Rule: Preserving Medical Malpractice Claims that Arise out of a Separate Tort

Fri, 03 May 2019 20:05:00 GMT

If you have a potential medical malpractice case arising out of a separate tort, the experienced lawyers at Cardaro & Peek can help.

Many instances of medical malpractice arise in the course of treatment for injuries that were initially caused by a separate tortuous incident, whether it be a car accident, premises accident, or intentional battery. In Maryland, under the “One Satisfaction” rule, a plaintiff cannot recover compensation for the same injuries from two separate negligent actors. See Underwood-Gary v. Matthews , 785 A.2d 708, 366 Md. 660 (2001). This means that if you are injured by a negligent driver in a car accident, and the subsequent negligence of a treating healthcare provider causes additional injury, you can only be compensated for your injuries once. This rule is meant to ensure that a plaintiff is not compensated more than once for the same injuries when there is more than one negligent actor. If you have ongoing auto negligence or premises liability lawsuit, and you suspect that the negligence of your healthcare providers caused additional injury, it is important that you litigate your initial tort claim carefully so as to preserve any potential medical malpractice claim.

The Court of Appeals’ decision in Gallagher v. Mercy Medical Center , (Md. 2019) shows how the failure to carefully litigate and resolve an auto negligence claim can undermine any potential related medical malpractice claim. In Gallagher , a woman was seriously injured by a negligent driver and sought compensation from that driver’s liability carrier as well as her own uninsured/underinsured carrier. Two to three years after the automobile accident, the Plaintiff received two reconstructive surgeries at Mercy Medical Center which resulted in complications, including an infection.

In the course of litigating her automobile negligence action, the Plaintiff’s healthcare providers testified that the surgeries at Mercy Medical Center were related to her car accident, and the Plaintiff confirmed in discovery that she was seeking compensation for all of her injuries related to the accident, including the injuries that resulted from the two surgeries. Roughly six years after the accident, the automobile negligence actions against both the negligent driver’s carrier and the plaintiff’s carrier had both settled. Thereafter, the plaintiff filed a medical malpractice action against Mercy Medical Center and the Court dismissed the claim under the “One Satisfaction” Rule. The Court of Appeals affirmed the lower Court’s dismissal, finding that the record showed that the settlement of the automobile negligence actions compensated the plaintiff for the injuries caused by Mercy’s medical malpractice. The Court found that regardless of whether the monetary amount of the settlement was sufficient to compensate the Plaintiff for all of her injuries, the plaintiff clearly asserted her injuries caused by the medical malpractice in the course of prosecuting the automobile action.

While the attorneys litigating the automobile claims likely had a strategic reason for incorporating her injuries arising out of the medical malpractice into the case, it clearly hindered the plaintiff’s ability to bring suit against her healthcare providers. The lesson from the Gallagher decision is that a car accident or premises liability action should be litigated carefully to preserve any potential medical malpractice claim. If you have a potential medical malpractice case arising out of a separate tort, the experienced lawyers at Cardaro & Peek can help you assert your claims effectively while also preserving your right to seek future compensation.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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The Emotional and Physical Signs of Nursing Home Abuse

Thu, 02 May 2019 14:29:00 GMT

If you or a loved one have been injured by the intentional, reckless, or negligent conduct of a nursing home staff member, the lawyers at Cardaro & Peek can help.

When someone we love requires more care than we can give, we want a safe and caring place for them to thrive. Unfortunately, sometimes the nursing homes and care facilities are negligent or don’t treat our loved ones the way we want. The scary reality is that patients in these kinds of facilities are often unable to report abuse they receive because of declining cognitive function, disability, or fear of worse treatment. From the outside, we may not be able even to identify the abuse if we don’t know what to look for. Read on for some types and common signs of abuse in nursing homes.

Physical Abuse

Common symptoms of physical nursing home abuse include bruises, welts, scratches, or fractured or broken bones. Not all broken bones in elderly people are the result of abuse and an experienced physician should be able to tell the difference. Other signs of abuse include broken possessions (like glasses), withdrawing behavior, and being scared or startled easily.

Mental Abuse

Mental abuse tends to be more subtle than physical abuse, so the signs can be harder to spot, even for the people on the receiving end. Common signs to watch for include changes in behavior, including withdrawing from social activities and refusing to take medication. Being scared or fearful especially of being left alone is another common sign, as is repetitive behavior, like rocking back and forth.

Sexual Abuse

As horrifying as the idea is, sexual abuse does happen in nursing home facilities and it can be hard to detect. The signs of sexual abuse can be physical, like bruises around the genitals or breasts, or emotional, like self-isolation or angry outbursts. Other common signs are vaginal or anal bleeding, torn or stained underwear, and contracting venereal diseases or infections .

Financial Abuse

Abuse doesn’t have to happen directly to the patient. Financial abuse is common, but very hard to detect, since it often involves coercing or tricking the patient into actually giving consent for the expenditures. Common signs include missing checks, checkbooks, or other financial items; unexpected expenditures, especially to unfamiliar or unregistered charities; and new subscriptions to monthly services. If your loved one has recently become secretive, especially of financial matters, and they are hoarding papers, this could also be a sign that they are being taken advantage of financially.

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Holding a Psychiatrist Accountable for Medical Malpractice

Fri, 26 Apr 2019 18:41:00 GMT

A psychiatrist is a medical professional, and therefore likely to be held responsible for medical malpractice.

A psychiatrist is a medical professional, and therefore likely to be held responsible for medical malpractice. Learn more about the possible medical malpractice cases that could develop from the psychiatrist-patient relationship and discover what a patient must prove to win a lawsuit against a psychiatrist.

Relevant Malpractice Cases

The following are possible types of medical malpractice cases that could result from the psychiatrist-patient relationship.

Proving Medical Malpractice

To pursue a successful psychiatric malpractice case, patients must prove the following elements.

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Medically Unnecessary Amputations Could be Medical Malpractice in Maryland

Wed, 24 Apr 2019 18:23:00 GMT

The lawyers at Cardaro & Peek cannot reverse the actions of a careless doctor, but they can help you or your loved one exercise your legal rights in the state of Maryland.

There are several reasons why an amputation might be considered medically necessary, from serious infections to severe injury. However, many amputations occur due to the negligence of a doctor or medical professional, and such instances are considered medical malpractice . The lawyers at Cardaro & Peek cannot reverse the actions of a careless doctor, but they can help you or your loved one exercise your legal rights in the state of Maryland.

Causes of Negligent Amputations

Some causes of negligent amputations include but are not limited to:

Victims of Medical Malpractice

If you or a loved one lost a limb or body party due to medical malpractice, there are several steps you can take to ensure that the negligent party is held responsible.

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Filing a Stroke Misdiagnosis Medical Malpractice Case

Thu, 18 Apr 2019 18:29:00 GMT

If a doctor failed to diagnose a stroke that you or a loved one experienced, call the lawyers at Cardaro & Peek to talk about your case.

Early detection is the key to identifying and treating a stroke victim , and doctors are trained to look for the signs. Unfortunately, too many patients exhibiting stroke symptoms are cast aside by medical professionals and left to suffer as a result. If a doctor failed to diagnose a stroke that you or a loved one experienced, call the lawyers at Cardaro & Peek to talk about your case.

The Warning Signs

Warning signs and symptoms of a stroke include numbness, tingling in the extremities, impaired speech, confusion, blurred vision, dizziness, and severe headache. Often, patients are unable to communicate their symptoms to a doctor or medical professional accurately. It’s the doctor’s duty to observe and recognize when a patient might be having a stroke, Failure to do so could lead to severe, even fatal consequences.

Failures in the Diagnostic Process

Failure to identify and diagnose a stroke is often due to one of the following missteps in the diagnostic process:

Collecting the Evidence

For medical malpractice cases related to a stroke, it’s important to demonstrate that another doctor acting more diligently would have made the correct diagnosis. The attorney assigned to your case may interview experts in the medical community and assess information such as medical history and history of care. In some cases, the lawyer will negotiate a settlement with the insurance company to cover all damages.

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If you or a loved one suffered from medical malpractice, you may be entitled to compensation. Call the Layers at Cardaro & Peek today.

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Wrongful Death Lawsuits in Maryland

Wed, 17 Apr 2019 18:11:00 GMT

Learn more about wrongful death lawsuits in Maryland, and call the lawyers at Cardaro & Peek for help.

If you have lost a family member or loved one due to the wrongful acts of a medical professional or facility, you may not know where to turn. Money may be the last thing on your mind when you’re dealing with the traumatic loss of a relative, but it’s important to act quickly to ensure that you are thoroughly compensated. Learn more about wrongful death lawsuits in Maryland, and call the lawyers at Cardaro & Peek for help.

Only Certain Family Members can Apply

According to the Code of Maryland 3-904, only certain family members are eligible to file a wrongful death lawsuit. Applicable family members include the spouse, parent, or child of the deceased individual. If there is no living spouse, parent, or child associated with the deceased, a family member may file a wrongful death claim. He or she must be related to the deceased by blood or marriage and must demonstrate that they were dependent upon the deceased.

The Statute of Limitations

Maryland law requires family members to file a wrongful death lawsuit within three years of the loved one’s death. If the deceased family member passed away due to an occupational disease, the spouse, parent, or child must present their claim within ten years of the time of death or three years from the time that the cause of death was defined as the occupational disease.

Noneconomic Damages

The estate can recover both economic and non-economic damages. While Maryland law does not limit economic damages such as medical bills, it places a cap on noneconomic damages such as emotional loss. Under the Code of Maryland 3-2A-09, the noneconomic damages limit increases by $15,000 each year. There are exceptions to the rule, however. For example, if the wrongful death actions involve two or more beneficiaries, the state increases the noneconomic damages limit.

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What to Know About Medical Malpractice in the Emergency Room

Fri, 12 Apr 2019 15:09:00 GMT

Every year, 136 million emergency room visits are recorded in the United States alone.

Emergency rooms are often hectic, crowded places where important decisions are made every day. The doctors, nurses, and other staff members assigned to the emergency room must adhere to the same standard of care as any other medical professional throughout the facility. It is when the emergency room personnel breach the standard that the patient may fall victim to medical malpractice. Learn more about emergency room medical malpractice in Maryland.

Proving Negligence

For the medical malpractice claim to fall in your favor, it’s important to prove that the emergency department was negligent. For example, the victim must show that the doctors or nurses blatantly ignored him or her, failed to order proper testing, or refused to consult with specialists. The hospital may be liable for acts of private, non-employee physicians and other health care provides under contract.

Refusing to Treat

Hospitals that receive Medicare funding are subject to the rules of the Emergency Medical Treatment and Active Labor Act . The requirements of EMTALA dictate that the hospital must provide appropriate medical screening to any person requesting medical treatment in the emergency room to determine if an emergency medical condition exists. Also, the hospital must stabilize any emergency medical condition before discharging or transferring a patient to another medical facility. If the hospital does not adhere to EMTALA, the patient may be entitled to compensation.

First Responders

In Maryland, first responders are protected against medical malpractice claims and lawsuits. First responders are only liable if they commit a reckless, intentional act that caused injury or harm. Common examples of first responders in Maryland are the ambulance crew, medical emergency technicians, and firefighters. Furthermore, the “Good Samaritan Law” often immunizes medical personnel or persons trained in CPR for damages incurred while administering medical aid.

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What is Considered Medical Malpractice in Maryland?

Thu, 11 Apr 2019 15:07:00 GMT

The lawyers at Cardaro & Peek have been litigating Medical Malpractice cases in Maryland and Washington D.C. for over thirty years.

There are numerous types of injuries and mistakes that could qualify as a medical malpractice claim in Maryland. Common examples include misdiagnosis, surgical errors, birth injuries, brain damage, and medication errors, to name a few. If you believe that you are a victim of medical malpractice in Maryland, it’s important to contact an experienced malpractice attorney for legal support. Learn more about Maryland malpractice law and call Cardaro & Peek today for further assistance.

Medical Malpractice

Medical malpractice laws differ from state to state, which means that a claim made in Maryland may not apply to a claim made in Virginia or Delaware. To win a case in Maryland, the patient must show that the hospital or healthcare professional violated the standard of care. Examples of a breach of care include failing to administer treatment properly, failing to inform a patient about the risks of treatment, misdiagnosing a disease or issue, prescribing the wrong medication or the wrong dosage of medication. In Maryland, it’s important for the patient to show that the medical professional’s breach of care is the direct reason for his or her injuries.

The Statute of Limitations

Under Maryland law, patients have a certain amount of time to file a claim against a healthcare professional or healthcare facility for committing medical malpractice. Typically, the statute of limitations in Maryland consists of three years from the date that the medical malpractice occurred or from when the injury was discovered. Due to the strict time limits in Maryland, it’s imperative that patients seek legal counsel as soon as possible.

Damages in Maryland

Maryland law allows victims to collect several types of damages if he or she wins the medical malpractice claim. Compensatory damages compensate a patient for medical bills, loss of wages, and pain and suffering (non-economic damages). In some cases, victims can also collect punitive damages. Punitive damages are awarded more rarely than compensatory damages in Maryland, as the cases are often more difficult to prove.

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Get the Facts about Defective Consumer Products

Fri, 05 Apr 2019 17:28:00 GMT

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When a consumer discovers that a product they just purchased is defective or damaged, they’re often irritated and inconvenienced. However, sometimes these defects can result in severe injury, property damage, or even death. Learn more about defective consumer products in Maryland, and call the law offices of Cardaro & Peek for help.

Defective Consumer Products

The Consumer Product Safety Commission (CPSC) states that manufacturers are required to take action if a product they produce creates a dangerous risk of injury to the consumer. To determine if the product can be stamped as defective, it’s important to evaluate the product thoroughly. During the evaluation, the product will be checked for design defects, manufacturing errors, and the absence of necessary warnings or instructions.

Defectivity Manufactured

When a product is labeled as defectively manufactured, the error most likely occurred during the fabrication process. A defectively manufactured product is different than all of the other ones available to the consumer, and the flaw can vary in severity. Examples of a manufacturing defect include a shirt made with uneven sleeves or a vehicle missing its brake pads.

Defectively Designed

A defectively designed product does not arise from an error during the manufacturing period but instead insinuates that the entire product line is inherently dangerous. For example, if multiple consumers report that they were shocked or electrocuted by a particular kitchen appliance, it could be a defective design.

Failure to Provide Warnings or Instructions

Products, no matter how dangerous, should provide adequate warnings and instructions for use. If a product fails to provide necessary warnings or instructions, and a consumer is harmed as a result, they may file a failure-to-warn claim. For example, if a cough syrup omits the fact that it can cause a dangerous side effect if combined with other medications, the consumer may suffer as a result.

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Failure to Diagnose a Pulmonary Embolism Could be Maryland Medical Malpractice

Thu, 04 Apr 2019 16:11:00 GMT

If you are a victim of medical malpractice, call the law offices of Cardaro & Peek today.

A pulmonary embolism (PE) occurs when a blood clot becomes caught in one of the arteries that connect the heart to the lungs. A PE can cause a variety of severe problems, such as damage to the patient’s lungs and low oxygen levels. If the blockage is big enough, or if smaller blood clots clog the artery, a PE can even be fatal.

When a patient exhibits the symptoms of a PE, doctors and medical professionals need to act quickly. Failure to do so could lead to irreversible consequences and could be considered medical malpractice .

Symptoms of Pulmonary Embolism

Common symptoms of PE include sudden shortness of breath, sharp chest pain, rapid heart rate, sweating, anxiety, fainting, and heart palpitations. The patient’s life is often in immediate danger when these symptoms are present, and emergency treatment is crucial.

Risk Factors

According to the Mayo Clinic, deep vein thrombosis (DTV) occurs when a blood clot forms in one or more of the deep veins in a person’s body. It is when the blood clot moves from the thigh, lower leg, or pelvic area to the lungs that it becomes a PE. Certain individuals are at higher risk of developing DTV and PE, and it’s important for doctors and medical professionals to understand a patient’s medical history and recognize PE at any stage. Patients at high risk of developing a PE include those with heart disease, family history of blood clots, pregnant women, and smokers.

Legal Counsel

If you or a family member have suffered due to a PE, it’s important to seek skilled legal counsel near you. PE-related deaths and injuries are not only devastating, but they can create economic challenges for you and your family. You need the help of a skilled legal team in Maryland.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Lead Paint Poisoning in Baltimore

Sun, 31 Mar 2019 16:34:00 GMT

Have you or your child been exposed to lead paint in Baltimore? Call Cardaro and Peek today to discuss your case.

Last October, the Baltimore Sun reported that the number of Baltimore children with lead poisoning fell 19 percent in 2017, even as more children were tested. While those numbers seem promising, there is still a large percentage of adults and children who remain untested for exposure to the powerful neurotoxin. Lead poisoning is especially dangerous for young children and can cause harmful life-altering damage. Have you or your child been exposed to lead paint in Baltimore? Call Cardaro and Peek today to discuss your case.

Know the Symptoms

Unfortunately, signs and symptoms do not appear until dangerous amounts of the neurotoxin have accumulated. Knowing the signs and symptoms can help you recognize the threat of lead paint poisoning and seek immediate care. Symptoms of lead paint poisoning in children include but are not limited to developmental delay, learning difficulties, loss of appetite, rapid weight loss, hearing loss, fatigue, seizures, and vomiting. For newborns, symptoms include premature birth, lower birth weight, and slowed growth. For adults, symptoms include high blood pressure, joint pain, memory loss, mood disorders, and miscarriage.

Understand the Causes

Lead-based paints for homes, toys, and furniture have been banned in the U.S. since 1978, but some older, overlooked homes still contain lead-based paint. Curious children who ingest chips of deteriorating lead-based paint are most commonly exposed. Lead can also be found in other places such as soil, pottery, herbal remedies, and various workplaces.

Factors of Increased Risk

There are several factors that may increase your risk of lead paint exposure, including the following:

Age

Young children and newborn babies are at a higher risk of lead paint poisoning than adults because absorb lead easily. Exposure to lead paint is more harmful as a result.

Hobbies

Individuals interested in stained glass, jewelry making, and refinishing furniture could be at higher risk of lead paint exposure. It’s important to understand the materials you’re working with prior to use.

Old Homes

Homes built before the 1970s are at a higher risk of lead paint exposure. If you’re currently renovated an older home built before 1970, you’re at risk of exposure as well.

Contact The Law Offices of Cardaro & Peek, LLC Today

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The No-Fault Birth Injury Fund: A Raw Deal for Victims of Birth Injuries

Thu, 28 Mar 2019 13:21:00 GMT

Learn more about the “No-Fault Birth Injury Fund.”

Once again, lobbyists and advocates for the hospital and insurance industry are attempting to convince the Maryland state legislature to pass legislation establishing a “No-Fault Birth Injury Fund,” which would strip away the rights of infants injured at birth and their families to sue for medical malpractice . In lieu of a lawsuit, said infants and families would have access to a fund that hospitals and providers pay into which provides compensation to those infants with a “birth-related neurological injury” regardless of whether the injury was caused by negligence.

The idea of this fund has been raised no less than ten times before and has been struck down by the Maryland legislature every time. Supporters of the fund claim that it will take care of every infant injured at birth regardless of whether there was negligence, and will eliminate the stress, delay, and uncertainty associated with a medical malpractice lawsuit. A closer look at the details of the proposed legislation, as well as the track records of similar reforms in other states, show the problems that this fund will create, and how it will serve only to shift responsibility for injuries from negligent hospitals and health care providers to taxpayers and families.

The Birth Injury Fund will not immediately pay out claims for compensation by the families of injured infants, but will instead require, within 45 days of filing a claim, a fully documented development of all of the child’s claimed past, present and future damages. This type of claims development can be complex and onerous and can in many circumstances require consultation with expert physicians, life care planners, vocational rehabilitation specialists, and economists. One cannot expect ordinary citizens, grappling with the effects of a birth injury and are inexperienced with these kinds of claims, to put this kind of information together without the assistance of a lawyer, especially not in such a short time frame.

Once a claim is submitted to the Fund, it can take up to three months or more for the Fund to review the claim before submitting it to an Administrative Law Judge, who will hold a contested hearing on whether the infant suffers a qualifying injury and what compensation is owed. This will inevitably become a lengthy, protracted process requiring the assistance of lawyers, no more efficient than the experience in the Circuit Courts to which families will be denied access.

Under current law, victims of medical negligence are not required to reduce their medical expense related damages when a portion of their medical is reimbursed by Medicaid, Medicare, or private insurance. Rather, victims of medical negligence who prevail at trial or obtain a settlement must account for potential liens asserted by Medicare, Medicaid, or private insurance, and engage in a process to negotiate what portion of the victim’s award must be paid back. This ensures that taxpayers and private insurance carriers are not on the hook for the expenses of a medical provider’s negligence. However, the No-Fault Birth Injury Fund would not pay compensation to reimburse expenses covered by Medicare, Medicaid, and private insurance, leaving taxpayers and insurance beneficiaries holding the bag, and potentially exposing victims of negligence to liens on whatever compensation they did receive.

Additionally, the No-Fault Birth Injury Fund will only reimburse patients for “reasonable charges prevailing in the same community for similar treatment.” This means that if an infant for a birth injury were to require treatment on an emergency basis at a higher cost than usual, he or she could be denied reimbursement for the full amount.

As for compensation for an injured infant’s lost wages, the Fund would not compensate infants until they reached 18, at which point the Fund would only reimburse “50% of the State average weekly wage,” which is less than what an individual with a permanent disability would earn under a Worker’s Compensation scheme.

Lastly, the No-Fault Birth Injury Fund places a cap on non-economic damages for a birth injury at $500,000 – far below the cap on non-economic damages available under current law, and would not increase every year

One need only look at neighboring Virginia to see how the No-Fault Birth Injury Fund would fail those it is intended to help if enacted here in Maryland. In 1987, Virginia enacted its own Birth Injury Program, which has run into a series of problems. In 2003, the program was found to be “actuarially unsound,” meaning that funding levels would be unable to meet expected future expenditures. A recent report found that Virginia’s fund would be short in meeting its outstanding liabilities by $48.6 million. In 2018, Virginia’s program was charged by the U.S. Department of Justice with illegally transferring its payment obligations to Medicaid, leaving taxpayers on the hook.

If you agree that the Maryland No-Fault Birth Injury Fund would be a disaster and think that infants injured at birth as a result of medical malpractice should be entitled to a trial by a jury of their peers, call your local State Senator and/or Delegate today! They can be located at www.mgaleg.maryland.gov/ by entering your zip code.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Common Causes of Paralysis Involving Medical Malpractice

Wed, 27 Mar 2019 16:29:00 GMT

Are you a victim of medical malpractice? Call the law offices of Cardaro & Peek today.

Paralysis can have a severe, life-altering, and costly impact on patients and their families. Doctors and medical professionals are trusted to abide by specific medical protocols to treat each patient safely. It’s when doctors deviate from these standards that medical malpractice occurs, and patients suffer as a result. Read on to discover the common causes of paralysis involving medical malpractice .

Childbirth Mistakes

Childbirth is an exciting time for new families, and young mothers trust their doctors to deliver their baby with care. Unfortunately, when a doctor or medical professional is forced to act quickly throughout the labor and delivery, mistakes can arise. If the doctor uses too much force during delivery, he or she can place the mother and her infant in jeopardy. A common example of childbirth injury that results from medical malpractice includes damage to the brachial plexus. This particular injury could lead to permanent damage to the infant’s arm functionality.

Delayed/Wrong Diagnosis

Patients trust their doctors to provide them with a correct and timely diagnosis, especially when their health depends upon it. If a doctor misdiagnoses a patient or delays the diagnosis, the patient may suffer further damage beyond the point of treatment. A proper and timely diagnosis is especially important in regards to spinal cord injuries and other common conditions that lead to paralysis.

Surgical Errors

There is no such thing as a minor surgery. Every surgery requires the same attention and expert care as the next. When a doctor or medical professional fails to adhere to the standard of surgery, life-altering mistakes can occur. If a surgeon missteps during orthopedic or neurological surgery, he or she could cause irreversible damage to the patient’s spinal cord or brain leading to paralysis.

If you have experienced harm as a result of medical malpractice, you may be entitled to compensation. Call the Law Offices of Cardaro and Peek today.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Opening a Small Estate in Maryland for Purposes of a Wrongful Death Case

Tue, 26 Mar 2019 12:59:00 GMT

One of the first things we ask clients who seek our help with a wrongful death case is whether they have opened an estate on their deceased loved one’s behalf.

One of the first things we ask clients who seek our help with a wrongful death case is whether they have opened an estate on their deceased loved one’s behalf. While many individuals will make the effort to have their affairs in order and draft a will before they die, according to the American Association of Retired Persons (AARP) up to 60% of Americans die intestate, or without a will or estate planning.

Opening an estate is a crucial first step in pursuing a wrongful death action because it is necessary in order to obtain the Decedent’s medical records. Because of federal and state law regarding the privacy of medical records, a healthcare provider will not release a Decedent’s medical records without written authorization from the Personal Representative of the estate, who is either appointed in a will or by the opening of an estate. Additionally, opening an estate is crucial because only the Personal Representative can pursue a survival action in a wrongful death claim, which is an action to recover the economic and non-economic damages incurred by the Decedent immediately prior to his death.

While the attorneys at Cardaro & Peek are not estate lawyers, we are able to walk clients through the process of opening a small estate for purposes of pursuing a wrongful death action. Once a small estate is opened and a Personal Representative is appointed, any proceeds from the wrongful death action either because of a verdict or settlement can be dispersed.

How to Open a Small Estate in Maryland

If the assets of the Decedent at the time of his death are $50,000, or $100,000 or less and his spouse is the sole surviving heir or legatee, one can open a small Estate at the Register of Wills office in the Maryland county where the Decedent lived. Once the Estate is opened, the Register of Wills can, that same day, issue Letters of Administration appointing the Personal Representative.

Here is a list of some of the items you will need to bring to the appropriate Register of Wills office:

Who Can Act as Personal Representative of the Estate?

The Personal Representative need not be the spouse or blood relative of the Decedent and can be anyone, from a friend to a girlfriend, boyfriend, or fiancé(e). However, the Personal Representative must provide notice to the “heirs and legatees” meaning the children and or spouse of the Decedent and obtain their consent. The “heirs and legatees” will then have an opportunity to challenge the appointment of a personal representative.

The Personal Representative must be 18, a Maryland resident, and cannot have a conviction for “serious crime”, meaning a crime that “reflects adversely on an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal representative.” If the Personal Representative lives or moves out of state, he or she will need to appoint a Maryland resident to receive mail related to the administration of the Estate.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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When Post-Surgery Infection is Considered Medical Malpractice

Tue, 19 Mar 2019 15:41:00 GMT

If you have experienced harm as a result of a hospital-acquired infection, you may be entitled to compensation.

There are several reasons why a patient might suffer an infection following a procedure. Natural bodily reactions to surgery are normal, but it’s when an infection may have been avoided that you might have a medical malpractice case on your hands. If you believe that a surgical infection was the direct result of medical negligence , call the lawyers at Cardaro and Peek today.

Serious Harm

According to the U.S. Office of Disease Prevention and Health Promotion, one in every 25 inpatients in a U.S. facility experience an infection related to hospital care. Unfortunately, hospital-acquired infections (HAI) are a common problem in the United States, and even more problematic when the infection occurs from medical malpractice. HAI can be lethal, with an estimated 99,000 deaths each year (Centers for Disease Control and Prevention).

Proving Medical Malpractice

In order to show that you were truly the victim of medical malpractice, it’s important to prove two major points. First, you (or your loved one) must show that there was a breach of duty on the part of the medical professional or the hospital. Second, you must prove that the neglect was the direct cause of the surgical infection you experienced.

Examples of Medical Malpractice

If a hospital or medical facility doesn’t adhere to strict hygienic standards, deadly infections could breed more easily. Patients with low immunity are in particular danger of contracting HAI. Common examples of HAI-related medical malpractice include surgical errors, failure to diagnose an infection, performing a procedure with unsterilized tools, performing a procedure in an unsterile environment, insufficient post-operative care, failure to treat an infection, and complete neglect.

If you have experienced harm as a result of a hospital-acquired infection, you may be entitled to compensation. Call the Law Offices of Cardaro and Peek today.

Contact The Law Offices of Cardaro & Peek, LLC Today

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What to Know About Surgical Errors and Medical Malpractice

Mon, 18 Mar 2019 15:37:00 GMT

Do you believe you or a loved one fell victim to a surgical error? It’s important to talk to an experienced attorney as soon as possible.

All surgeries are considered major, whether a patient is undergoing an appendectomy or a gastric bypass. Patients and their loved ones trust the surgeons and medical professionals in charge of their care to adhere to a certain standard of care to ensure the patient’s safety. Unfortunately, surgical errors occur in hospitals throughout Maryland every year. In some cases, surgical errors are considered medical malpractice .

Why Surgical Errors Occur

There are many reasons why an error may occur during surgery, but only when the surgeon’s treatment falls below the standard of care is the error considered medical malpractice. Common reasons for surgical errors include:

Types of Surgical Errors

Common types of surgical errors include but are not limited to injuring a nerve during surgery, administering too much medication or anesthesia, performing an incorrect incision, operating on the wrong part of the body, and leaving a piece of surgical equipment inside of a patient.

Do you believe you or a loved one fell victim to a surgical error? It’s important to talk to an experienced attorney as soon as possible.

Contact The Law Offices of Cardaro & Peek, LLC Today

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When an Amputation Becomes a Medical Malpractice Claim

Fri, 15 Mar 2019 14:25:00 GMT

If you believe that you are a victim of a preventable amputation, call the Law Offices of Cardaro & Peek today.

According to the Amputee Coalition, an estimated 60% of all amputations are preventable. The loss of a limb can be shattering for a patient and their family, but even more so if the amputation was a direct result of medical malpractice. Learn more about amputation, and when preventable amputation becomes a medical malpractice claim .

When an Amputation is Necessary

Amputations are necessary for many medical reasons and sometimes can even mean the difference between life and death. Amputation is implemented to prevent an infection from spreading, alleviate vascular issues caused by diabetes, or for the treatment of an injury such as a vehicle accident.

Amputation and Medical Malpractice

Amputation is considered medical malpractice when the doctor or medical professional assigned to the case is negligent. Examples of medical malpractice related to amputation include the following:

It’s important to note that amputations carry a higher risk for certain individuals. Patients with diabetes, preexisting infections, and heart disease are more prone to complications of amputations. If a doctor does not take their preexisting conditions into account, and a preventable amputation occurs, it could be considered medical malpractice.

Proving Medical Malpractice

If you believe that you are a victim of a preventable amputation, call the Law Offices of Cardaro & Peek today. We will assess your case, and help prove (if sufficient) that the injury was a direct result of medical negligence. If your medical professional deviated from the standard of care, you may be the victim of medical malpractice.

Contact The Law Offices of Cardaro & Peek, LLC Today

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Ischemic Stroke and Medical Malpractice

Thu, 14 Mar 2019 14:23:00 GMT

Call the Law Offices of Cardaro & Peek today.

According to the National Stroke Association, an ischemic stroke occurs when a blood clot blocks a blood vessel carrying blood to the brain. Currently, ischemic strokes account for about 87% of all strokes. An ischemic stroke manifests itself in several sudden symptoms and trained medical personnel must recognize the warning signs. Failure to correctly diagnose or treat an ischemic stroke could cost the patient their life, and in some cases could be considered medical malpractice .

Delayed Diagnosis

Stroke symptoms occur instantly, but the actual stroke may not occur for 24 hours or more. A prompt medical response can not only save a life, but it can prevent brain damage, paralysis, and other effects of an ischemic stroke. Symptoms of ischemic stroke include but are not limited to numbness on one side of the body, severe headache, sudden loss of strength, confusion, loss of vision, and fainting. If the doctor fails to act promptly, the patient could suffer a stroke and subsequently experience a permanent disability or reduced quality of life.

Medically Preventable Errors

Stroke damage or deaths are not always the result of medical malpractice, but many medical providers do make medically preventable errors. Medically preventable errors that can result in an ischemic stroke include laboratory errors, improper reading of tests, failure to consult neurological specialists promptly, delayed diagnosis, failure to perform a thorough physical examination, failure to consider the possibility that a seemingly healthy patient may suffer a stroke.

When to Seek Legal Counsel

An injury or death from a stroke can create devastating physical and financial hardships for loved ones and their families. If you believe that the death of your loved one or the injuries caused by ischemic stroke could have been prevented, it’s important to seek legal counsel.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one suffered from medical malpractice, you may be entitled to compensation. Call the Layers at Cardaro & Peek today.

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Medication Errors and Abuse by Nursing Home Staff

Tue, 12 Mar 2019 15:24:00 GMT

If you or a loved one have been injured by the intentional, reckless, or negligent conduct of a nursing home staff member, the lawyers at Cardaro & Peek can help.

Those who reside in nursing homes, either because of age, disability, or due to rehabilitation from an injury, are often completely reliant on nursing home staff for their basic needs. This leaves nursing home residents particularly vulnerable to the intentional abuse, carelessness, and negligence of nursing home staff.

One way in which a nursing home resident’s reliance on staff can make him or her vulnerable to abuse or neglect is through the administration of medication. The following are some examples of medication-related incidents that can occur in nursing homes due to a staffer’s intentional or negligent conduct :

These types of intentional and negligent actions by nursing home staff related to the administration of medication can lead to serious or even fatal injuries and can be the basis for a personal injury action against both the staff member and the nursing home that employed her.

If you or a loved one have been injured by the intentional, reckless, or negligent conduct of a nursing home staff member, the lawyers at Cardaro & Peek can help.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of nursing home negligence, abuse, or neglect? You need to talk to an experienced team of local lawyers today.

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The Emergency Medical Treatment and Labor Act: Your Right to Hospital Treatment Even if You Don’t Have Insurance

Mon, 11 Mar 2019 14:54:00 GMT

If you or a loved one were denied emergency medical treatment because of a lack of insurance, you may have a claim under EMTALA.

Despite the progress made by the Affordable Care Act and other reforms made at the state level, there are still many citizens in this country who do not have private health insurance or receive government health benefits such as Medicare or Medicaid. For those without health insurance, every trip to the hospital carries a risk of receiving a massive bill that could bankrupt them or destroy their credit, as well as the fear that the hospital would refuse to treat them without insurance.

In 1986, Congress tried to remedy this second fear by enacting the Emergency Medical Treatment and Labor Act (EMTALA), which limits the circumstances under which a hospital can deny treatment to an uninsured individual. Under EMTALA, a hospital is not obligated to fully treat every ailment that brings a patient to the emergency room . Rather. EMTALA places two requirements on hospitals:

42 U.S.C. § 1395dd(a)–(c).

EMTALA does not place an obligation of healthcare providers at a hospital to detect emergency medical conditions that may be indicated by the symptoms, or otherwise treat the symptoms they are presented within a manner required by the standard of care in their profession. Baber v. Hosp. Corp. of America , 977 F.2d 872 (4 th Cir. 1992). Those kinds of obligations are covered under an ordinary claim of medical negligence claims. What EMTALA address is a minimum threshold of care, namely a medical screening and stabilization, which most often falls below the standard of care applicable to healthcare providers that provides the basis of a medical negligence claim. When pleading an EMTALA claim, it is important that your attorney has the experience and knowledge to understand this difference, or else the EMTALA claim will be dismissed.

Thus, most EMTALA violations, which constitute a hospital employee’s abdication of the minimum level of care he or she could provide to a patient with an emergency condition, will also give rise to a medical negligence claim.

The damages available to a patient who has been denied hospital treatment in violation of EMTALA are the same as those damages that would be available in a medical negligence personal injury claim. 42 U.S.C. § 1395dd(d)(2)(A).

Why File an EMTALA Claim?

As EMTALA claims and medical negligence claim s often overlap in terms of the conduct giving rise to the claim and the damages available to the injured patient, it begs the question of why to file an EMTALA claim at all. One compelling reason is that attaching an EMTALA claim to your medical negligence claim allows you to file your case in federal court. This can be helpful if the conduct took place in a county or jurisdiction where juries can be hostile to personal injury claimants, as it allows you to bypass the unfavorable state court in favor of federal court where the jury pool is drawn from a wider area.

If you or a loved one were denied emergency medical treatment because of a lack of insurance, you may have a claim under EMTALA. The lawyers at Cardaro & Peek have experience in this area and can help.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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CDC to Study the Health Risks of Electric Scooters

Thu, 07 Mar 2019 20:40:00 GMT

Have you experienced a personal injury due to an electric scooter accident in Baltimore or Washington, D.C.? You may have legal options.

Dockless, electric scooters are gaining popularity in cities throughout America, and Baltimore is no exception. Whether grocery shopping in Harbor East or buying a coffee in Mount Vernon, Charm City residents can access scooters from nearly every block. According to Bird, a scooter-sharing startup, the scooters are a great solution for ‘last mile’ trips that are too long to walk. Electric scooters seem harmless, but the Centers for Disease Control and Prevention (CDC) are currently conducting a study due to the high number of accidents and injuries reported in Austin, Texas.

Are Electric Scooters Safe?

From September 5 to November 4 of 2018, 258 Austin residents reported to the emergency room due to an electric scooter related injury. January marked the city’s first scooter-related death when a 21-year-old college student died after his scooter collided with a vehicle. The CDC is conducting research to determine if the scooter injuries are unique to Austin or consistent with reports in other urban areas. During the investigation, the CDC will calculate the number of injuries per amount of scooters per mile traveled. The study will also examine other factors such as road conditions, use of helmets, weather, and alcohol intake.

Injuries and Accidents

Austin, Texas isn’t the only city reporting accidents and injuries related to electric scooters. According to Nashville’s Vanderbilt University Medical Center, there are about five minor injuries recorded each week from scooter accidents. In Atlanta, injuries from electric scooter accidents have increased to 100 each month. Last October, the Baltimore Sun released an article detailing the dangers of Bird and Lime scooters. “They look really great,” said Dr. Brian J. Browne, who works in the emergency room at the University of Maryland Medical Center, “But people need to be cautious.”

Contact The Law Offices of Cardaro & Peek, LLC Today

Have you experienced a personal injury due to an electric scooter accident in Baltimore or Washington, D.C.? You may have legal options.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of personal injury claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified experts, including physicians to assist in the investigation, analysis, and prosecution of all types of personal injury and negligence claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , Google+ , and LinkedIn for more information

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Get the Facts: Cerebral Palsy and Medical Malpractice

Wed, 06 Mar 2019 18:52:00 GMT

It’s important to call an experienced medical malpractice attorney to assist you with your case.

Cerebral palsy (CP) refers to several neurological disorders that result from damage to the brain. According to the Centers for Disease Control (CDC), as many as 10,000 children are diagnosed with CP each year. The unfortunate truth, however, is that several thousands of cases result from preventable medical malpractice . There is no known cure for CP, but supportive treatments, medications, and surgery can help certain individuals.

Medical Malpractice

While not all cases of CP are the result of medical malpractice , several negligent scenarios could result in brain damage to a child. The first scenario occurs when a medical professional fails to offer (or misinterprets) a series of prenatal tests to determine the health of their unborn child. If a medical professional fails to disclose that the parent’s child could be born with CP, the parents may be victims of a wrongful birth lawsuit.

When improper handling of maternal infections occurs, it is often considered medical malpractice. Maternal infections can often affect a developing fetus, but most events can be prevented with prompt diagnosis and treatment. Medical malpractice occurred when the health care provider failed to test for a variety of common illnesses or when the infection did not receive prompt treatment.

According to WebMD, approximately 20 percent of all CP cases result from brain damage that occurs during the birth process. A medical professional has committed medical malpractice if they misused forceps, fail to notice signs of fetal distress, prolong labor due to CPD or other conditions, fail to diagnose or treat eclampsia.

Determining if Your Child Experienced Medical Malpractice

It can be difficult to determine whether or not your child’s CP was the direct result of medical malpractice. It’s important to call an experienced medical malpractice attorney to assist you with your case. The following signs may warrant a closer investigation of the facts:

Contact The Law Offices of Cardaro & Peek, LLC Today

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MRSA Infection and Medical Malpractice Claims

Mon, 04 Mar 2019 20:17:00 GMT

If you believe that your MRSA infection was caused by medical malpractice, read on to learn more.

Methicillin-resistant Staphylococcus aureus (MRSA) bacteria are resistant to all beta-lactam antibiotics, and the infection can often be fatal. Also known as the “Super Bug,” MRSA is extremely difficult to treat and is commonly contracted during hospital stays. If you believe that your MRSA infection was caused by medical malpractice , read on to learn more.

MRSA

Hospital patients contract MRSA when the infection spreads through contact with infected wounds or shared items. Patients who have recently been admitted to a hospital or medical facility are at a higher risk of contracting MRSA. It is the responsibility of the medical facility to prevent cross-contamination between patients, as well as properly disinfect tools and materials.

Medical Malpractice

Situations that may be caused by the negligence of a medical professional or medical facility include:

Improper Disinfection

Medical facilities are responsible for properly sterilizing and disinfecting tools, patient areas, and more to prevent the spread of staph infections and MRSA. When a medical professional fails to follow facility protocol, he or she may be liable for the infections that patients may contract.

Surgical Errors

Due to the nature of surgery, surgeons and other staff must follow correct procedures and uphold the standard of care. If surgical errors occur, the surgeon or on-site staff could be found negligent.

Misdiagnosis

Medical negligence may occur if the patient’s MRSA infection was misdiagnosed or the patient experienced delayed treatment. Misdiagnosis or delayed treatment may cause the infection to worsen as a result.

Symptoms

In most cases, MRSA appears as a noticeable skin infection. If treatment does not occur in a timely manner, the infection can spread to the bones, joints, heart valves, and lungs. MRSA contracted in a hospital or medical facility is highly threatening, because most patients are already experiencing compromised health.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you have contracted MRSA in a hospital setting, call the lawyers at Cardaro and Peek to discuss your case. You may be able to file a medical malpractice claim.

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Proving Duty of Care in a Personal Injury Case

Fri, 01 Mar 2019 21:17:00 GMT

Reach out to the lawyers at Cardaro and Peek to discuss your personal injury case today.

A “duty of care” is a legal obligation pertaining to a person, corporation, or entity that ensures the safety of others. If you are seeking compensation through a personal injury claim, it’s important that you can prove the other party owed you a duty of care.

Duty of Care

A duty of care can apply to many different instances, including defective products, medical errors, car accidents, and more. In the event of a defective products case, manufacturers and sellers have a duty of care to ensure their products are safe for the intended use. In regards to medical errors, health care providers are legally obligated to adhere to the standard to care when treating each patient. Pertaining to car accidents, motorists and commercial truck drivers must operate their vehicles safely to avoid collisions or accidents.

When one party’s failure to act sensibly results in the victim’s injury or death, this is known as a breach of the duty of care. If you believe that you were a victim of a duty of care breach, you need to prove that the accused party was at fault. The experienced lawyers at Cardaro and Peek can help you examine your case.

Liability

To prove causation for your breach of duty case, you must show that the actions of the at-fault party caused the accident that resulted in your injury or loved one’s death. Once the causation is established, you must then prove that you or the loved one has suffered measurable damages, including the cost of medical treatment or lost wages.

Regardless of your specific situation, it helps to contact an attorney to discuss your case and determine if the at-fault party breached its duty of care in causing your injury or loved one’s death. Reach out to the lawyers at Cardaro and Peek today.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one suffered due to a breach of duty, you might be entitled to compensation. Call Cardaro & Peek today to schedule a consultation.

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Workplace Accidents and the Exclusive Remedy

Thu, 28 Feb 2019 20:50:00 GMT

Have you been injured in a workplace injury? Call the offices of Cardaro & Peek today.

Despite numerous improvements in technology, safety precautions, and the work site inspection process, workplace accidents in this country continue to occur at a high rate. The U.S. Department of Labor Bureau of Labor Statistics estimates that in 2017 there were 2.8 million non-fatal and over five thousand fatal workplace injuries in the United States.

Many employees in the Maryland and D.C. area are fortunate enough to have employers who provide workers’ compensation insurance which will cover a portion of wages lost in the event of injury or administer death benefits in the case of fatality.

However, there is one drawback for workers in Maryland whose employer provides workers’ compensation insurance – the “exclusive remedy” law. The “exclusive remedy” law basically states that you cannot sue your “statutory employer” after a workplace accident, even if that employer was negligent. See Md. Labor and Employment Code Section § 9-509. The “exclusive remedy” is part of the grand bargain employers and insurance carriers make, where they agree to compensate injured workers regardless of who was at fault, and in return workers agree not to bring suit in cases of negligence.

Does the Exclusive Remedy Apply in the Case of a Fatality?

Unfortunately, yes. Under Maryland law, workers’ compensation benefits are also available to the “dependents” of a covered employee, which include spouses and children. Since they are eligible for the same or similar class of benefits that would be available to a living injured worker, the exclusive remedy applies to bar any suit for negligence. In Chavez v. Capitol View, LLC , an unpublished decision that came out last year, the Court of Special Appeals held that the exclusive remedy applies in death cases even where the worker did not leave behind any dependents, because the worker’s surviving parents could at least obtain benefits in the form of reimbursement for funeral expenses.

What is a Statutory Employer?

The best way to get around the “exclusive remedy” for injured workers who are also entitled to workers’ compensation benefits is to argue that the entity responsible for the workplace accident is not a “statutory employer” and therefore can be sued in tort. If your employer does not provider workers’ compensation benefits, then they of course open themselves up to being sued for negligence.

Even if your employer does provide workers’ compensation benefits, if they are a subsidiary of a parent company, the parent company or the premises owner of the work site can be sued provided they do not exercise a sufficient degree of control over the worker. See Great Atlantic & Pacific Tea Co. Inc. v. Imbraguglio , 345 Md. 573, 697 A.2d 885 (1997).

In the case of employees of subcontractors who are, for example, injured on construction sites, avoiding the “exclusive remedy” against the principal contractor is a bit more complicated. It depends on whether the principal contractor would be liable to pay workers’ compensation benefits to the sub contractor’s employee under Md. Labor and Employment Code Section § 9-508. The central question is whether the principal contractor uses a subcontractor to undertake a task that is part of the principal contractor’s ordinary business. If the answer is yes, then the principal contractor is a statutory employer of the subcontractor’s employees.

Determining whether you can bring a suit for negligence arising out of a workplace accident is a complicated matter, and requires the help of an experienced Maryland personal injury attorney to determine your rights. The lawyers at Cardaro & Peek can help.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Allergic Reactions to Contrast Dye

Wed, 27 Feb 2019 19:14:00 GMT

Contrast Dye is used in many diagnostic tests such as CT scans and x-rays and is primarily composed of iodine and/or barium sulfate, or in the case of MRIs, gadolinium.

Contrast Dye is a substance that is used in diagnostic testing to see the inside of the body more clearly. Contrast Dye helps to highlight and distinguish certain parts of the body from the surrounding tissue on a diagnostic image, which helps a radiologist make a more accurate diagnosis. Contrast Dye is used in many diagnostic tests such as CT scans and x-rays and is primarily composed of iodine and/or barium sulfate, or in the case of MRIs, gadolinium.

Among those patients who risk having an adverse reaction to contrast dye include patients with a history of asthma, cystic fibrosis, shellfish allergy, dehydration or constipation, habitual use of NSAIDs or beta blockers, heart disease, sickle cell, and renal disease.

An allergic reaction to contrast dye can have serious and sometimes fatal consequences. Among the known severe reactions to contrast dye are anaphylactic shock, difficulty breathing, low blood pressure, convulsions, kidney failure, red or blue skin, and cardiac arrest.

It is critical that your healthcare provider obtain a detailed medical history before administering contrast dye to a patient. It is also critical that your healthcare provider advises you of the potential negative consequences to a patient of receiving contrast dye as well as any available alternatives for diagnostic imaging so that a patient can make an informed choice. It is also critical that your healthcare provider has a system in place for timely and appropriately responding to an adverse reaction to contrast dye. Any failure by your health care provider to follow these steps could constitute medical malpractice.

If you or a loved one have suffered serious injury or death as a result of an adverse reaction to contrast dye caused by medical malpractice in D.C. or Maryland, the lawyers at Cardaro & Peek can help.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Contributory Negligence and Medical Malpractice

Tue, 26 Feb 2019 20:19:00 GMT

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One of the drawbacks for Plaintiffs in personal injury suits in the D.C. and Maryland area is that they are the only two jurisdictions that follow the law of contributory negligence. This means that if a plaintiff’s negligence contributed in any way to his or her injuries, even by a small nominal percentage, he cannot recover.

Contributory negligence is an affirmative defense, which means the Defendant in a personal injury action has the burden of proving it at trial. The Defendant must prove that the injured party acted, or failed to act, with knowledge and appreciation, either actual or imputed, of the danger of injury which his conduct involves.

In the context of a medical malpractice case, as opposed to say a car accident case, the defense of contributory negligence is not often raised. In most cases it is hard to argue that a patient, who has entrusted his or her care to a healthcare provider, was contributorily negligent. After all, how does one argue that a patient had “knowledge and appreciation” of how his conduct would affect his medical treatment, if he is reliant on his doctor’s advice? It is most commonly invoked in cases where the patient received advice from a doctor that they knowingly ignored, such as failing to take an antibiotic or other medication.

However, in a recent case, the Maryland Court of Special Appeals held that a patient is not contributorily negligent for conduct that occurred prior to a healthcare provider’s treatment. See Barbosa v. Osbourne , 183 A.3d 785, 237 Md.App. 1 (2018). In Barbosa , the Court held that a patient who left the emergency room after waiting for almost two hours before being seen was not contributorily negligent, and forbid the Defendants from raising that defense. The Court reasoned that “the pre-treatment conduct of a patient is irrelevant” in determining whether a healthcare provider is liable for breaching the standard of care. There are many patients whose conduct prior to medical intervention, whether it’s an unhealthy lifestyle or a failure to seek medical assistance sooner, contributes to their demise Thankfully, in Barbosa the court made clear that unless those choices involve ignoring a healthcare provider’s clear instructions, it cannot be a bar to a medical negligence action.

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Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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Navigating the Federal Tort Claims Act: Personal Injury Claims Against the Federal Government

Fri, 22 Feb 2019 18:30:00 GMT

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When a federal government employee commits medical malpractice or any other form of negligence, the injured parties and their family members can bring suit against the United States government under the Federal Tort Claims Act (FTCA). 28 USC §2674 et seq.

Federal tort claims involving medical malpractice are particularly common in the Washington, D.C. and Baltimore area, which has a number of military and veterans’ hospitals, as well as other government run healthcare providers. If you or a family member are injured because of the negligence of a federal government healthcare provider, it is important to hire a Maryland Medical Malpractice lawyer to navigate the complicated ins and outs of an FTCA claim.

Exception to the Federal Tort Claims Act: Active Duty Military

Unfortunately, under what’s known as the Feres Doctrine. military service members are barred from bringing suit against the United States government for injuries sustained while on active duty, including injuries caused by medical malpractice. Feres v. United States , 340 U.S. 135 (1950). Walter Daniel, the widower of an active duty Air Force officer who died in a Navy Hospital during childbirth, has petitioned the United States Supreme Court to reconsider the Feres doctrine, arguing that it should be limited to combat scenarios. Unfortunately, for the time being the only compensation available to military service members injured while on active duty and their families are Veterans Administration Benefits.

Filing a Federal Tort Claim: Timeframe and Process

The FTCA has a complicated set of deadlines that must be closely followed or else your case could be dismissed. Generally, a tort claim against the United States Government must be presented in writing to the appropriate federal agency within 2 years of the injury , or discovery of the existence and cause of the injury. 28 U.S.C. §2401.

Then one must wait for the appropriate federal agency to formally deny the claim before filing a lawsuit in a United States District Court. If 6 months have gone by and the federal agency has not responded, you can go ahead and file. The deadline to file a lawsuit in United States District Court is 6 months from the date of mailing of the federal agency’s notice of final denial, or from the date the 6-month period to deny ran out.

The appropriate federal agency means the federal agency that employed the tortfeasor, whether it be the Department of the Navy, Department of the Army, or Department of Veterans Affairs. Each federal agency’s Office of General Counsel will make the standard claim form available on their website.

The statute of limitations is not tolled during periods of infancy or incompetence or pending discovery that the government employee’s actions were negligent. Kubrick v. United States , 444 U.S. 111 (1979). Under the Soldiers and Sailors Civil Relief Act, time spent in military service does not count towards computing the statute of limitations, provided of course that the claim is not a tort claim against the government related to military service. Conroy v. Aniskoff , 507 U.S. 511 (1993).

Federal Tort Claims, especially ones involving Medical Malpractice, are particularly complex, and required an Experienced Lawyer to avoid the pitfalls involving Statutes of Limitations and other barriers to relief. The lawyers at Cardaro & Peek have the necessary expertise and experience to navigate your Federal Tort Claim and fight for you and your loved one’s rights.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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4 Ways to Reduce Risks While Driving Near Semi-Trucks

Thu, 21 Feb 2019 18:35:00 GMT

Whether you run errands or commute to work, you’re bound to found yourself driving near a semi-truck or commercial vehicle.

Whether you run errands or commute to work, you’re bound to found yourself driving near a semi-truck or commercial vehicle. Semi-truck accidents are highly dangerous, but there are several precautions that drivers can take to limit their risks. If you or a loved one has suffered an injury in a semi-truck accident, consider seeking legal representation from the lawyers at Cardaro & Peek.

Avoid Blind Spots

Commercial drivers are trained to operate a semi-truck safely, but there are often several areas that the driver can not directly observe due to obstructions. Most of the time, semi-truck blind spots are located behind the truck, on the sides of the truck, and within one thousand feet in front of the truck. To avoid a collision due to a blind spot, consider slowing down or changing lanes to remain in the driver’s line of sight.

Keep Your Distance

As a rule, you should drive at least two seconds behind the vehicle in front of you. Add another two seconds for semi-trucks and double your following distance during a rainstorm or other inclement weather. If you follow a semi-truck too closely, you will not have enough time to slow down or brake if the driver has to come to an immediate stop.

Always Pass Safely

It’s okay to pass a semi-truck, but it’s important to use precaution. If traveling downhill, wait until the roads level out to pass a large commercial vehicle. Ensure that you are not passing a truck in their blind spot, and always pass a semi-truck on the left-hand side if possible.

Anticipate Wide Turns

Large vehicles like semi-trucks require wide areas to turn. If you are near a truck while it is turning, remain stopped until the truck has completed its turn. Do not block the intersection and make sure to stop behind the white line until the truck has turned completely.

Contact The Law Offices of Cardaro & Peek, LLC Today

If you or a loved one suffered due to an accident involving a semi-truck, you might be entitled to compensation. Call Cardaro & Peek today to schedule a consultation.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , Google+ , and LinkedIn for more information.

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The Unfortunate Commonality of Cancer Misdiagnosis

Wed, 20 Feb 2019 19:03:00 GMT

If you or a loved one suffered from a cancer misdiagnosis in Baltimore, Washington D.C., and beyond call the lawyers at Cardaro and Peek today.

Doctors and medical professionals are obligated to diagnose cancer correctly and timely. Failing to do so could not only delay treatment, but it could be the difference between a patient’s survival and death. If you or a loved one suffered from a cancer misdiagnosis in Baltimore, Washington D.C., and beyond call the lawyers at Cardaro and Peek today.

Why Does Cancer Misdiagnosis Occur?

It is not the patient’s responsibility to know that his or her symptoms may indicate cancer. Rather, it is the duty of the doctor or medical professional assigned to the case. Cancer can be overlooked or misdiagnosed in the following ways:

Cancers Especially Responsive to Early Treatment

For some types of cancer, early treatment could save or elongate a patient’s life. Cancers that are responsive to early treatment include but are not limited to breast cancer, cervical cancer, colon cancer, prostate cancer, skin cancer, and testicular cancer. If a doctor fails to properly diagnose cancer, and a patient is denied treatment because of it, he or she should seek legal counsel.

The Dangers of Cancer Misdiagnosis

In most cases, early cancer detection is the key to survival. Over time, cancer cells multiply and spread to different parts of the body or metastasize. Delaying cancer treatment often means that the patient must undergo more invasive and aggressive treatment. Unfortunately, more aggressive treatment increases the chance of death or complications. Other types of harm caused by cancer misdiagnosis include premature death, severe physical pain, disfigurement, increased recovery time, lost wages, and inoperable cancer.

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Certificates of Qualified Experts: Why Hiring the Right Medical Malpractice Attorney is Crucial

Fri, 15 Feb 2019 21:23:00 GMT

The lawyers at Cardaro & Peek have been litigating Medical Malpractice cases in Maryland and Washington D.C. for over thirty years.

If you or a loved one have been injured as a result of medical malpractice, it is important that you hire an experienced and competent lawyer . With so many lawyers in Maryland advertising medical malpractice, it can be hard to determine whether you have hired the right one. Hiring a lawyer that focuses his or her practice in medical negligence cases, and has the requisite experience, can mean the difference between winning and losing your medical malpractice case. Certificates of Qualified Experts (CQE) and Expert Reports , which are required in almost every medical malpractice case in Maryland* , are one area where choosing the right attorney truly matters.

Why the CQE and Expert Report Matters

There is a multi-step process involved before a medical malpractice case can be filed in a Maryland Court. Before filing a claim for medical malpractice in a Maryland Court, the claim must first be filed with the Maryland Health Claims Arbitration Office, along with a CQE and Expert Report. Then, and only then, can the claim be filed in a Maryland Court.

After meeting with a client and obtaining all of the relevant medical records, the lawyer must find an expert witness to author a CQE and Expert Report that states that the treating healthcare professional departed from the applicable the standard of care, and that such a departure was the proximate cause of the patient’s injuries. See CJP §§ 3-2A-03(c)(1) and § 3-2A(b)(1)(i). The expert must also have the relevant clinical experience, be board certified in the relevant field of medicine, and cannot devote more than 20% of his or her professional time to working on legal cases. See CJP § 3-2A-02(c)(2)(ii) and CJP § 3-2-A-04(b)(4).

While the CQE and Report will be largely based on the expert witness’s experience and expertise, the lawyer must supervise the process to ensure that the final product complies with Maryland law.

The Retina Group decision: A Cautionary Tale

The recent decision of the Court of Special Appeals in Retina Group of Washington, P.C. v. Crosetto , 183 A.3d 873 (2018) is a cautionary tale. In that case, the lawyer filed a CQE and Expert Report in the Health Claim Arbitration Office before waiving into Circuit Court, as he was supposed to. The CQE and Expert Report identified one physician, as well as the entire “Retina Group of Washington” as having departed from the standard of care causing his clients’ injury. However, the CQE and Report did not identify every physician involved in the treatment at issue. At trial, the jury found that the sole doctor named in the CQE and Expert Report was not liable, but found that the Retina Group was liable because the other physicians involved in the treatment, who were agents and employees of the Retina Group, were liable.

The Court of Special Appeals overturned the jury’s verdict, finding that there was not a valid CQE and Expert Report against anyone employed by the Retina Group except for the physician specifically named, who the jury found was not liable. Unfortunately, by the time the error had been realized, the 3-year statute of limitations had run and it was too late to file a second CQE and Report against the other physicians.

The Retina Group case underscores why having an experienced, knowledgeable Maryland Medical Malpractice Lawyer can be the difference between winning and losing your case. Had the CQE and Report mentioned the other physicians involved in the patient’s eye surgery, the favorable verdict would likely have been upheld, and the patient and his family would have been compensated for his injuries.

The lawyers at Cardaro & Peek have been litigating Medical Malpractice cases in Maryland and Washington D.C. for over thirty years, both as Defense and Plaintiff attorneys, and have the knowledge and experience to know which details are important to winning your case.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

*The section of Maryland law which requires filing a Statement of Claim, CQE and Expert Report with the Maryland Health Claims Arbitration Office apply only to claims against hospitals, hospice care programs, assisted living programs, freestanding ambulatory care facilities, physicians, osteopaths, optometrists, chiropractors, registered or licensed practical nurses, dentists, podiatrists, psychologists, clinical licensed certified social workers, and physical therapists. See Maryland Courts and Judicial Proceedings (CJP) § 3-2A-01(f)(1).

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The Crisis of Maternal Deaths in the African American Community

Wed, 13 Feb 2019 16:07:00 GMT

If you have lost a loved one, or have yourself been injured by medical malpractice during the pregnancy, labor or delivery period, the experienced lawyers at Cardaro & Peek can help.

Those who watched last week’s Democratic party response to President Trump’s state of the Union speech may recall former Georgia Representative Stacey Abrams address the alarmingly high rates of maternal death among black women in the United States. Indeed, according to the Center for Disease Control and Prevention (CDC), black women are 243% more likely to die from pregnancy or childbirth-related causes than white women.

This nationwide disparity is particularly glaring in the Baltimore and Washington, D.C. area, which according to a study published in the Journal of Obstetrics and Gynecology has the highest rates of maternal death in the nation. The problem has become so widespread in this area that in 2018, the D.C. City Council unanimously passed legislation to establish a special committee to study the issue.

There are many underlying causes to this troubling phenomenon, from the social and economic inequities that affect health outcomes in the black community writ large to a lack of access to prenatal and preventive care. Another common cause of maternal death amongst black women, both in the Baltimore and Washington, D.C. area and across the country, is medical malpractice.

A breach in the standard of care by healthcare professionals who interact with pregnant women can come in many forms, from a failure to properly appreciate and workup the patient’s symptoms to failure to treat emergent conditions that arise in the delivery and postpartum period. Sadly, some of the medical malpractice that causes maternal death in the black community is the result of a healthcare professional, either because of implicit or explicit bias, failing to appreciate or properly address a patient’s reported symptoms.

If you have lost a loved one, or have yourself been injured by medical malpractice during the pregnancy, labor or delivery period, the experienced lawyers at Cardaro & Peek can help.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

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The Common Types Of Nursing Malpractice

Medication Errors

Documentation Error

Failure to Monitor

6 Common Causes of Medical Misdiagnosis

4 Common Types of Medical Malpractice

1. Birth Injuries

2. Delayed Diagnosis or Misdiagnosis

3. Surgical and Anesthesia Errors

4. Medication Errors

Identifying Signs of Nursing Home Neglect

Change in Physical/Emotional Condition

Unexplained Injuries

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What Damages Can You Claim in a Medical Malpractice Case?

Medical Malpractice Lawyers in Maryland and Washington, D.C. Explain Your Rights to Compensation Following Medical Malpractice

Economic Damages

Non-Economic Damages

Punitive Damages

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4 Common Medical Malpractice Claims

Common Medical Malpractice Claims

Inaccurate Diagnosis

Delayed Diagnosis

Errors with Medication and Prescriptions

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Recognizing Symptoms of a Traumatic Brain Injury

Symptoms of a Traumatic Brain Injury

Loss/Change in Cognitive Skills

Personality Changes

Trouble Sleeping

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Injury to the Spinal Cord During Birth and Medical Negligence

Spinal Cord Injuries – Basic Information

Effects of a Spinal Cord Injury

What Kind of Damages Can Be Recovered?

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Failure to Diagnose Strokes in Certain Patients

Strokes Symptoms

Who is Likely to be Misdiagnosed?

Is it Medical Malpractice?

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What to Know About Surgical Infections and Medical Malpractice

Types of Surgical Infections

How To Know When Medical Negligence Caused a Surgical Infection

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3 Common Anesthesia Errors

3 Common Anesthesia Errors Explained By Medical Malpractice Lawyers in Maryland and Washington, D.C.

Anesthesia Dosage Errors

Documentation Errors

Operation of IV Mechanisms

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Camp Lejeune Justice Act Of 2022— Do You Have A Claim?

PACT ACT & the CLJA

Who can file a claim?

More Questions? Contact The Law Offices of Cardaro & Peek, LLC today for a FREE consultation

Nursing Home Neglect and Abuse

What is Nursing Home Neglect?

What is Nursing Home Abuse?

Neglect and Abuse Are Both Prohibited By Federal and State Law

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Transient Ischemic Attacks and Stroke Misdiagnosis

What is a Stroke?

What is a TIA?

Dangers of a Stroke Misdiagnosis

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Don’t Let Your Claim Expire— Learn About the Deadline to File a Medical Malpractice Claim In Maryland and Washington D.C.

What is the Statute of Limitations for Medical Malpractice Claims?

What Happens if the Statute of Limitations Has Passed?

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Diagnostic Errors from Medical Malpractice: What to Know

What is a Diagnostic Error?

How Do I Know If a Diagnostic Error Happened?

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Shoulder Dystocia and Medical Malpractice

What is Shoulder Dystocia?

Factors that Lead to Shoulder Dystocia

Shoulder Dystocia May Be a Result of Medical Malpractice

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