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MD Jury Rewards Millions to Victim of Medical Malpractice

When Maryland resident Gary Stern went to the hospital with terrible pains in his abdominal region, he expected to be treated accordingly. After all, experts in the medical field have peoples’ lives resting in their hands on a regular basis and cannot make a mistake, no matter how long of hours they work. It is truly unfortunate and largely unacceptable, then, that his pains were misdiagnosed to be a symptom of his Crohn’s disease and not what they really were: a perforated ulcer.

As Stern’s symptoms progressed, he had to revisit the hospital later on, only to have the true source of his pain discovered. By that point, the damage was severe and he ultimately had to go through a dozen surgical procedures over the course of three years to correct it. Had the ulcers been identified the first time he came in, there might have been much less trauma to him. So what happened?

Diagnosing a Misdiagnosis

In order to peg a doctor’s actions as actual negligence and a true misdiagnosis, the situation needs careful and thorough analysis. It must be shown that A) a trusting and professional relationship existed between the patient and the doctor, B) proper treatment was not given in a reasonable manner, and C) the lack of proper treatment directly resulted in injury or worsening of a current injury.

But doctor negligence isn’t quite making a mistake while on the clock. It needs to be shown that what the doctor did was outside normal, accepted, or rational procedures. This can be established through studying a differential diagnosis, or the process of analyzing symptoms more than once to determine if it stems from one condition or another similar yet different condition.

A doctor can be found negligent if they do not:

  • Use a preliminary evaluation.
  • Create an ordered list of possible conditions.
  • Test any proposed diagnosis method.
  • Order relevant tests or confer with more experts.
  • Research the patient’s medical history.
  • Use properly calibrated equipment.

Some Good News at the End

In Mr. Stern’s case, it was eventually determined by a jury that his doctors did, indeed, operate under medical malpractice and subsequently caused him serious harm. Ultimately, he was rewarded $15 million to cover his medical expenses, as well as an additional $695,000 in other damages, which is the damage cap in Maryland.

Not all cases conclude with the patient receiving proper compensation, though. There are numerous examples of negligent medical professionals not being held liable for their reckless behaviors. If you or a loved one have been hurt by medical malpractice, you can increase your chances of securing the maximum compensation you deserve by calling 301.804.2312 and speaking to our Waldorf personal injury attorneys from the Law Office of Robert R. Castro, P.A. We can hear your story and determine your options in a free initial consultation, so be sure to contact us today!

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