When a pulmonary embolism (PE) occurs after a medical procedure or while taking prescribed medication, contacting an Owings Mills medical malpractice lawyer should be a priority.
A PE is a dangerous condition that requires immediate medical attention. If it could have been prevented, it may be necessary to pursue legal accountability.
For families in Maryland coping with the physical, emotional, and financial effects of a PE, exploring whether medical negligence played a role is an important step toward finding answers and seeking compensation.
Can You Sue for Pulmonary Embolism After Surgery or Medication in Owings Mills?
Yes, if a pulmonary embolism (PE) was caused by medical negligence after surgery or medication in Owings Mills, you may have grounds for a malpractice claim:
- Missed warning signs: Delayed response to chest pain, shortness of breath, or leg swelling can signal malpractice.
- Medication negligence: Failing to assess clotting risks or monitor high-risk drugs may breach Maryland’s standard of care.
- Surgical oversights: Not prescribing blood thinners or encouraging movement after surgery can be negligent.
- Legal proof needed: You must show duty, breach, causation, and damages to pursue compensation.
- Expert certificate required: Maryland law demands a medical expert certify the claim’s validity early in the process.
- Time limits apply: Claims must typically be filed within 3 years of discovery or 5 years from the incident (Md. Code § 5-109).
Understanding Pulmonary Embolism: A Serious, Potentially Preventable Medical Event
While a PE can occur even when proper care is given, it is sometimes the result of medical negligence, particularly when symptoms are overlooked or diagnosis is delayed.
According to the National Heart, Lung, and Blood Institute (NHLBI), a delayed or missed diagnosis can lead to severe complications, including damage to vital organs due to low oxygen levels and increased strain on the heart. In some cases, symptoms such as chest pain, shortness of breath, or leg swelling may be misattributed to less serious conditions, resulting in critical delays in care.
When healthcare providers fail to recognize or respond appropriately to these warning signs, it may represent a breach of the standard of care. Prompt diagnosis and treatment are essential to preventing serious harm and may determine whether a patient recovers or suffers long-term injury or death.
Medication and Surgical Risks: When PE Becomes a Malpractice Concern in Owings Mills
While a PE can occur for various reasons and is sometimes an unavoidable complication, certain medical interventions inherently carry an increased risk of blood clot formation. These interventions include specific medications and many types of surgery.
The critical question in these cases is whether healthcare providers took appropriate steps to mitigate these known risks and whether their actions met the Maryland standard of care. An Owings Mills medical malpractice lawyer often examines whether the standard of care for PE prevention was met.
How Prescribed Medications Might Lead to PE and a Potential Claim
Some medications can increase the risk of blood clots, which may then lead to a pulmonary embolism. Examples include hormone replacement therapy, oral contraceptives with estrogen, and certain cancer treatments like chemotherapy, which can affect blood clotting or damage blood vessels. Other medications may also carry clotting risks, as noted in FDA resources.
In Owings Mills, a knowledgeable medication error attorney or medical malpractice lawyer can help evaluate whether improper medication management played a role in a PE.
Medical negligence could involve:
- Failing to review a patient’s complete medical history for risk factors like prior DVT, clotting disorders, obesity, or smoking.
- Prescribing medications to high-risk patients without taking necessary precautions, even when those drugs are known to be unsafe for their condition.
- Not adequately monitoring patients who are on high-risk medications.
- Failing to obtain informed consent, such as not warning the patient of clot risks or discussing safer alternatives, as required under Maryland law.
If a PE occurred due to a medication side effect and provider negligence was a factor, you may have grounds for a medical malpractice claim.
Surgical Procedures and PE Risk: Assessing Possible Surgical Errors in Maryland
Surgery, especially major operations involving areas like the hips, legs, or abdomen, significantly increases the risk of DVT and subsequent PE.
This heightened risk stems from factors like prolonged immobility after surgery, which slows blood flow, potential trauma to blood vessels during the procedure, and the body's natural inflammatory response, all of which can promote clot formation. Even procedures performed at respected medical facilities require vigilant PE prevention protocols.
Negligence concerning a surgery-related PE can take several forms. A provider might fail to adequately assess a patient's pre-operative risk for blood clots based on their history and the nature of the surgery.
Failing to implement appropriate preventive measures is another common form of negligence. This includes not using recognized DVT prevention strategies such as prescribing necessary blood thinners, using compression devices, or encouraging timely walking after surgery.
Less commonly, substandard surgical technique itself might lead to clots. Poor post-operative monitoring for signs of DVT or PE, or discharging a patient too soon with inadequate instructions about prevention and warning signs, can also constitute negligence and may warrant investigation by an Owings Mills PE malpractice lawyer.
Proving Medical Negligence for Pulmonary Embolism in Maryland
Not every negative medical outcome is malpractice. For a pulmonary embolism (PE) caused by medication or surgery to qualify as medical negligence in Maryland, specific legal elements must be established.
A medical malpractice claim must show that a healthcare provider failed to meet the accepted standard of care, and that this failure directly caused the patient's harm. In Maryland, the standard of care is based on what a reasonably skilled and competent provider with a similar background would have done in similar circumstances, such as those in Owings Mills or greater Baltimore County.
To prove medical negligence in a PE case, the following elements typically must be shown:
- Duty of Care: A doctor-patient relationship existed, meaning the provider had a professional obligation to deliver appropriate care.
- Breach of Duty: The provider did not meet the standard of care. This may involve errors in diagnosis, treatment, medication management, or failure to take preventive measures.
- Causation: The provider's breach of duty was a direct and proximate cause of the PE and resulting harm. The patient must show the outcome would likely have been avoided or less severe with proper care.
- Damages: The patient experienced actual harm. This can include physical pain, emotional suffering, medical expenses, lost wages, reduced earning capacity, or diminished quality of life.
It is also important to note that Maryland law includes statutory caps on non-economic damages in medical malpractice cases, which can affect the total compensation recoverable for these types of losses.
Medical malpractice cases involving PE are complex. In Maryland, these cases almost always require expert testimony and adherence to specific procedural rules, such as filing a Certificate of Qualified Expert with the court.
This certificate, provided by a qualified medical professional, attests to the merit of the claim. Medical experts review the patient’s records to determine if the standard of care was violated and whether that violation caused the injury.
A knowledgeable medical malpractice attorney in Owings Mills can help collect the necessary evidence, navigate these Maryland-specific requirements, and present a strong case for compensation.
What to Do If You Suspect Negligence Caused Your Pulmonary Embolism
If you're recovering at home from a PE you believe was caused by recent medication or surgery, and you suspect negligence, you may feel uncertain about what to do next. Your immediate priority remains your health and recovery.
However, you can also consider certain steps regarding a potential medical malpractice claim. First and foremost, continue all necessary medical care. Following your doctors' advice for treating the PE and managing your recovery is paramount for your well-being.
Concurrently, begin to gather your medical records. Request complete copies of all relevant documents, including records from the doctor who prescribed the medication or performed the surgery, hospital records, diagnostic test results, and records of follow-up care.
It is also helpful to document everything. Create a timeline of events: note when the medication was prescribed or surgery occurred, when symptoms began, and what those symptoms were. Document conversations with medical staff, any delays in diagnosis or treatment, and the overall impact the PE has had on your life.
Critically, understand the time limits for taking action. Statutes of limitations set strict deadlines for filing medical malpractice claims.
Generally, a claim must be filed within three years from the date the injury was discovered or five years from the date the injury was committed, whichever is earlier, as outlined in the Maryland Courts and Judicial Proceedings Code § 5-109. These deadlines can be complex, and missing them can mean losing your right to pursue a claim for pulmonary embolism caused by surgery negligence.
Finally, consult with an experienced Owings Mills medical malpractice lawyer. Speaking with an attorney who handles post-surgical blood clot cases can be an essential step in exploring your legal options. They can evaluate whether the standard of care was breached and explain your legal options under Maryland law.
How an Owings Mills Medical Negligence Attorney Can Help Your Case
A PE caused by medical error can be devastating, both physically and emotionally. At Furman Honick Law, our Owings Mills medical malpractice attorneys offer compassionate, results-driven representation to help clients navigate these complex situations.
We begin by thoroughly investigating your case. This involves reviewing medical records, consulting experts familiar with Maryland's medical standards, and gathering the evidence needed to determine whether negligence occurred.
Our team will explain your legal rights under Maryland law, including procedural requirements like the Certificate of Qualified Expert and potential limitations like caps on non-economic damages, and walk you through your options. If malpractice is identified, we build a strong case by compiling expert opinions and documentation of your injuries and losses.
We handle all communication with medical providers, hospitals, and insurers, and work to negotiate a fair settlement. If a settlement cannot be reached, our experienced trial attorneys are fully prepared to represent you in court.
Throughout the process, we offer personalized support, understanding the emotional burden a PE can impose, especially when it stems from a trusted provider's mistake. Whether the care occurred at a major hospital or a local facility near Foundry Row, we are here to help you seek justice and the compensation you deserve.
If you believe your PE was the result of medical negligence, contact Furman Honick Law for experienced guidance and dedicated advocacy.
Contact Furman Honick Law – Your Owings Mills Medical Malpractice Advocates
If you or a loved one has suffered a pulmonary embolism in Maryland that you believe was caused by medical negligence, the attorneys at Furman Honick Law are here to help.
As dedicated Owings Mills medical malpractice lawyers, we are committed to fighting for the rights of injured patients. We offer a free, no-obligation consultation to discuss your case and explain how we may be able to assist you. Call us today at (410) 864-5410 to schedule your free consultation.
FAQ for Owings Mills Medical Malpractice Lawyer
What is the time limit for filing a medical malpractice claim for a PE in Owings Mills, Maryland?
Maryland law (Maryland Courts and Judicial Proceedings Code § 5-109) typically requires a medical malpractice claim to be filed within three years of discovering the injury or five years from when the medical error happened, whichever is sooner. Exceptions exist, so promptly consulting an Owings Mills PE malpractice lawyer is vital to understand your specific deadline.
What evidence is crucial in a medical malpractice case involving a pulmonary embolism in Maryland?
Key evidence includes your complete medical records, prescription history, and, critically in Maryland, a Certificate of Qualified Expert attesting to the merits of the claim. Expert medical testimony establishing the standard of care and its breach, your documented symptoms, and proof of damages are also vital. An Owings Mills medical malpractice lawyer will assist in gathering this evidence and meeting Maryland's specific procedural requirements.
What compensation might I receive if my PE was due to a medical mistake in Maryland?
A successful medical malpractice claim might lead to compensation for economic damages like past and future medical costs, lost income, and reduced earning capacity. Non-economic damages for pain, suffering, and emotional distress may also be recoverable, though Maryland has statutory caps on these types of damages in medical malpractice cases. An Owings Mills medical malpractice lawyer helps assess potential damages within these legal parameters.
Is an Owings Mills medical malpractice lawyer necessary if a prescribed drug clearly caused my PE?
Even if a drug is linked to your PE, proving malpractice requires showing the provider was negligent under Maryland law. These are complex arguments requiring knowledge of Maryland medical malpractice law, including expert requirements. An Owings Mills medical malpractice lawyer or a specialized medication error attorney in Owings Mills is crucial to navigate successfully for fair compensation.