On April 1, 2016, a Maryland medical malpractice jury returned its verdict favor of the defendant anesthesiologist after ninety minutes of jury deliberations following a trial that lasted one week. The Maryland medical malpractice jury found that the anesthesiologist did not breach the standard of care during a procedure after which the patient died. The family of the patient had filed their Maryland medical malpractice wrongful death lawsuit in January 2015 for the incident that occurred on September 20, 2011.
The Underlying Facts
The 70-year-old patient was admitted to the hospital suffering from acute pancreatitis. A few days after he was admitted, he underwent a diagnostic procedure known as esophagogastroduodenoscopy (EGD) during which the defendant was the anesthesiologist. The anesthesiologist elected to use mild sedation for the procedure during which the patient was breathing on his own, allegedly to prevent unnecessary stress on the man’s heart and kidneys.
The plaintiffs’ Maryland medical malpractice claim alleged that the man had a distended abdomen and had experienced vomiting that should have resulted in the defendant anesthesiologist electing to intubate the patient for the procedure. The plaintiffs alleged that the man suffered a massive aspiration during the procedure that led to his death the following day.
The defense argued that there was no evidence of aspiration and that the defendant anesthesiologist complied with the standard of care under the circumstances.
While disappointed with the defense verdict in their Maryland medical malpractice lawsuit that alleged wrongful death and sought damages in the amount of $1.5 million for the wrongful death claim and the survival action, the man’s three surviving children recognized that the man had comorbidities that may have caused or contributed to his death.
Source Solorzano, et al. v. Meridian Anesthesia Practice LLC, et al., Circuit Court for Montgomery County, Case No. 399561V.
Risks Of EGD
An EGD is a diagnostic medical test to examine the lining of the esophagus, stomach, and first part of the small intestine, using a flexible tube with a light and camera at the end called an endoscope.
Risks associated with an EGD include perforation in the stomach, duodenum, or esophagus from the scope moving through these areas, and a small risk of bleeding at the biopsy site.
An EGD is typically performed using conscious sedation, which is a combination of a sedative and an anesthetic, during which the patient will probably stay awake but may not be able to speak.
Conscious sedation lets the patient recover quickly and return to his/her everyday activities soon after a procedure. There is a risk of breathing problems if too much medication is administered.
If you or a loved one suffered a serious injury (or worse) as a result of medical care (or the lack of medical care) in Maryland, you should promptly find a Maryland medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you in a Maryland medical malpractice case, if appropriate.
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