Victoria Nelson had gallbladder removal surgery at MedStar St. Mary’s Hospital in July 2019 after she went to the emergency room complaining of severe upper abdominal pain. She was not advised by her surgeon after the surgery that a remnant of her gallbladder was left in her or that the surgeon had failed to remove her gallbladder in its entirety.
Two years later, in July 2021, Nelson had sudden severe abdominal pain along with nausea and vomiting that caused her to return to the hospital emergency room. A CT scan at that time revealed the remnant of her gallbladder. In March 2022, Nelson again returned to the emeregncy room with recurrent abdominal pain with nasuea and vomiting that was associated with the gallbladder remnant.
Nelson finally had her gallbladder remnant removed during surgery that took place in April 2022 at Georgetown University Hospital in Washington, D.C.
Nelson filed her Maryland medical malpractice lawsuit against MedStar St. Mary’s Hospital alleging that the surgeon was negligent (breached the standard of care) in performing the July 2019 gallbladder surgery and by leaving the remnant of the gallbladder. The lawsuit also alleged that the surgeon was negligent in failing to advise Nelson that her gallbladder was not removed in its entirety.
The defendant hospital argued that Nelson had aberrant anatomy that made the gallbladder surgery difficult, and that the surgeon did not breach the standard of care by leaving a remnant of Nelson’s gallbladder at the conclusion of the surgery. However, the surgeon’s operative report reportedly failed to mention that Nelson’s anatomy was aberrant.
The Maryland medical malpractice jury’s $1.5 million verdict will be reduced due to Maryland’s cap on noneconomic damages in medical malpractice cases, but the amount of the reduction is not presently known because the amount of the reduction (the applicable cap) is based on when the cause of action arose and other factors that must be determined.
Maryland Cap On Noneconomic Damages In Medical Malpractice Cases
MD Code, Courts and Judicial Proceedings, § 3-2A-09 provides, in part:
Except as provided in paragraph (2)(ii) of this subsection, an award or verdict under this subtitle for noneconomic damages for a cause of action arising between January 1, 2005, and December 31, 2008, inclusive, may not exceed $650,000.
(ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on January 1 of each year beginning January 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, the limitation under paragraph (1) of this subsection shall apply in the aggregate to all claims for personal injury and wrongful death arising from the same medical injury, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.
(ii) If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.
If you or a loved one may have been injured (or worse) as a result of medical malpractice in Maryland, you should promptly find a Maryland medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maryland medical malpractice case, if appropriate.
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