Earlier this month, a Maryland medical malpractice jury returned its verdict in excess of $3 million for the family of a man who died after gallbladder surgery because his hepatic artery was negligently cut by the surgeon and the surgeon negligently failed to diagnose the injury. Maryland’s cap on noneconomic damages in medical malpractice cases resulted in the verdict being reduced to $1.2 million.
After the man went to the hospital complaining of abdominal pain, nausea, and vomiting in August 2019, the surgeon performed the laparoscopic gallbladder surgery during which the surgeon documented that he encountered dense adhesions, inflammation, and pus within the man’s gallbladder. The Maryland medical malpractice complaint alleged that the surgeon negligently failed to alter his surgical approach in light of these findings, and thereafter failed to recognize that he had injured the man’s left hepatic artery. The defense argued, “The injuries and damages alleged to have been suffered or incurred by the Plaintiffs were the result of a naturally occurring medical and/or disease process for which these Defendants cannot be held legally responsible.”
The Maryland medical malpractice complaint alleged that the surgeon noticed blood oozing from the area around the surgical portal just prior to the surgeon’s removal of the gallbladder. The surgeon allegedly used fibrillar collagen, packing, and a biologic sealant to control the bleed, and then inserted a drain into the abdomen and then completed the surgery.
After the surgery and while the man was still in the hospital, he had a slow decline in hemoglobin and experienced continuing mild abdominal distention. He later suffered cardiac arrest while still in the hospital. CPR was performed and he was resuscitated. Later that same day, the same surgeon performed an emergency exploratory laparotomy to control intra-abdominal hemorrhage, placing clips on what he thought to be the source of the bleeding.
The man was transferred to another hospital where another surgeon performed another exploratory laparotomy during which copious amounts of blood were found in the man’s abdomen and it was determined that the man was in full and uncontrolled disseminated intravascular coagulation with uncontrollable hemorrhagic shock. The man died later the same day. He is survived by his wife and six children.
The family’s Maryland medical malpractice attorney stated after the verdict, “I think the family felt vindicated and really felt a sense of justice, and that the system worked. The jury really understood the case clearly, they got the case, and they understood how significant the damages were and the loss was to the family. I’m hopeful that a verdict of this nature and this size will cause [defense attorneys and insurance companies] to reevaluate and hopefully help get other future cases resolved knowing that juries in Montgomery County will hold people accountable.”
If you or a loved one may have been injured (or worse) as a result of medical malpractice in Maryland, you should promptly find the best Maryland medical malpractice lawyer for you, 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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