October 4, 2019

A Maryland medical malpractice jury on Maryland’s conservative Eastern Shore returned its verdict in the amount of $150,000 in favor of a woman who lost her kidney and suffered other substantial injuries as a result of a hysteroscopy that was botched by the defendant physician.

The Maryland medical malpractice plaintiff was 73-years-old when she had a hysteroscopy and a procedure to remove polyps at the University of Maryland Shore Medical Center in Easton, Maryland on November 4, 2016, which was supposed to take only about twenty minutes. During the procedure, the defendant physician allegedly perforated the wall of the woman’s uterus with forceps. The defendant physician removed the woman’s right ovary, right Fallopian tube, and greater than 18 cm of her right ureter during the procedure.

The woman required a total abdominal hysterectomy during which significant damage was done to her right kidney, which subsequently had to be removed due to the extent of the damage. As a result, the woman suffers severe abdominal pain as well as pelvic pain. The woman was told before the original procedure that she should fully recover within two days.

The defendant physician testified during trial that the plaintiff’s harm was due to a known complication from the original procedure, but no expert testified during the trial that they aware of any patient who had suffered the alleged known complication in the past.

The plaintiff’s Maryland medical malpractice lawyer stated after the verdict: “The doctor would not admit she made a mistake, she kept referring to it as a complication. I am pleased on behalf of my client that she was held accountable for that mistake.” The defense lawyer countered that the defendant believed she did not do anything wrong: “It was a complication of a routine procedure and in the defense’s view a perfect storm of events occurred and resulted in something that’s extremely rare.”

The Maryland medical malpractice jury was reportedly deadlocked, four to two, after three hours of deliberations. After nearly six hours of deliberations, the jury returned its verdict on September 12, 2019 in the amount of $75,000 for economic damages and $75,000 for noneconomic damages.

Source Barbara McCloy, et al. v. Sharon Liu, D.O., et al., Circuit Court of Maryland for Talbot County, Case No.: C-20-CV-17-000208 (filed December 5, 2017).

Maryland, like many U.S. states, has areas of the state that have reputations as being more liberal or more conservative in their medical malpractice verdicts. For instance, Baltimore City is considered a liberal jurisdiction and the Eastern Shore of Maryland is generally considered conservative. The place where a medical malpractice case may be filed (i.e., venue) is determined by state law and plaintiffs are often limited in their choice of jurisdictions for filing their medical malpractice claims.

If you or a loved one may have been injured 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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