Blood Transfusion Injuries
Baltimore Lawyers Helping Patients Bring Medical Malpractice Claims
Blood transfusions can be vital life-saving procedures for individuals who have lost a lot of blood. However, if a blood transfusion is not done correctly, the patient can be severely injured. If you or someone you know has suffered harm due to a botched blood transfusion, we can help. The medical malpractice lawyers at Wais, Vogelstein, Forman & Offutt in Baltimore have helped countless clients pursue their medical negligence claims and can help you as well. We stand by one principle: compassionate and aggressive representation of the most seriously injured.
Blood Transfusion Mistakes
A blood transfusion is a relatively common and safe process that involves receiving blood through an intravenous line. Blood transfusions are done to replace blood that is lost due to surgery or a serious injury, such as one sustained in an accident. However, when precise safety standards are not adhered to, a blood transfusion can cause more harm than good. Healthcare providers must ensure that the blood being given to the patient is the correct match. Blood transfusion injuries can happen for a number of reasons including: contaminated blood; wrong blood type; improper or inaccurate labeling of blood; improper storage of blood and more. Errors in blood transfusions could lead to serious infections, diseases or even death.
Maryland Medical Malpractice Law
Individuals who have suffered blood transfusion injuries can take legal action against the at-fault medical provider by filing a medical malpractice claim. Medical malpractice cases involve a breach of the applicable standard of care. The standard refers to level of care that another healthcare provider would use in the same or similar situation. Determining a violation of the standard of care is not black and white and will vary according to the specific situation.
Medical malpractice cases are rooted in the theory of negligence. As such, a plaintiff who wants to win on a medical malpractice claim must establish the following elements: i) the healthcare provider had a duty to adhere to the appropriate standard of care; ii) the healthcare provider breached that duty; and iii) the healthcare provider’s breach was the direct cause of the patient’s harm. All of these elements must be present in order for the plaintiff to be able to recover any type of compensation.
It is important to note that Maryland is one of the few states that recognize the traditional common law doctrine of contributory negligence. This simply means that any negligence on the part of the plaintiff will bar his or her recovery entirely. Put another way, if the plaintiff was even one percent negligent, he or she will not be able to seek any compensation for the harm suffered.
Medical malpractice claims in Maryland must be filed within a certain time limit, known as the statute of limitations. Under state law, a medical malpractice lawsuit must be filed within five years from the date of when the malpractice occurred, or three years from the time the injury was discovered, whichever is earlier. The statute of limitations for a wrongful death claim in Maryland is three years from the date of death.
Attorneys Helping Victims of Medical Mistakes in Prince George’s County
At Wais, Vogelstein, Forman & Offutt, our medical injury attorneys have the experience and zeal to handle cases involving blood transfusion injuries. We proudly represent clients throughout Prince George’s County, Maryland, and the Washington, D.C. area. With more than 75 combined years of experience, we understand the nuances of this area of the law.