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Failure to Diagnose Diaphragmatic Hernia

Baltimore Lawyers Representing Victims of Medical Malpractice

Timely diagnosis and treatment of a diaphragmatic hernia is vital to preventing severe injury and even the death of a patient. If you were injured because of your doctor’s failure to diagnose a diaphragmatic hernia, you might be able to able to hold the at-fault party responsible through a medical malpractice lawsuit. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are well informed with regard to this kind of case, and can vigorously advocate for your rights both in the context of settlement negotiations and at trial.

Diaphragmatic Hernia

The diaphragm is a muscular barrier between the chest and an abdominal cavity that helps you breathe. It is thick and also safeguards the heart and lungs from the intestines, spleen, stomach, and liver. A diaphragmatic hernia is a birth defect in which there is a hole in the diaphragm. More specifically, a diaphragmatic hernia is an abnormality that causes the abdominal organs to fall into the chest cavity. There are two types diaphragmatic hernias:

  • A congenital diaphragmatic hernia (CDH) takes place as a fetus is forming in the mother’s uterus and can cause the a baby to be born with malformed lungs because of the imposition of the abdominal organs into the chest cavity.
  • An acquired diaphragmatic hernia (ADH) is typically the result of trauma or injury to the abdomen. This can happen when a person is the subject of a violent crime such as a stabbing or shooting.

It is important to note that a diaphragmatic hernia is a life-threatening condition that requires prompt emergency treatment to correct.

Liability for Failure to Diagnose a Diaphragmatic Hernia

If you sustained an injury due to a doctor’s failure to diagnose a diaphragmatic hernia, you may be able to sue for medical malpractice. Medical malpractice is defined as any act or omission by a doctor that deviates from the standard of care in the medical community, thereby causing injury or death to a patient. In other words, medical malpractice takes place when a medical professional fails to use the level of care that another medical professional in the same speciality would have used in the same situation. In short, it is not enough to show that the doctor or medical professional provided substandard care; rather, it must also be shown that this substandard care was a direct and proximate cause of the plaintiff’s injury. Without establishing both of these things, the plaintiff will not be entitled to recover any compensation.

Maryland ‘Certificate of Merit’ Requirement

In Maryland, once a medical expert has agreed to testify in a particular case, the medical malpractice attorney is required to file a Maryland Certificate of Merit. The Certificate of Merit must include the following information: i) where the expert medical witness is licensed to practice; ii) an opinion by the expert witness stating that there is a reasonable degree of probability that the defendant doctor violated the relevant standard of care in treating the patient and this violation was a cause of the patient’s harm; and iii) that the medical expert does not dedicate more than 20 percent of his or her professional activities to testifying in personal injury claims. The Certificate of Merit requirement was created by the legislature to weed out frivolous medical malpractice claims from the start so that these claims would not unnecessarily take up the court’s time.

Seasoned Medical Malpractice Attorneys in Baltimore

If you have suffered an injury or lost a loved one due to the failure of a medical professional’s failure to diagnose a diaphragmatic hernia, you may be entitled to compensation. At Arfaa Law Group, our knowledgeable Baltimore lawyers will meticulously analyze your case and help you seek to hold a negligent medical professional accountable for his or her negligence. We understand the prospect of a lawsuit can be very daunting, but you can rest assured that we will guide you through the entire process. For more information, call us today at 410-889-1850 or contact us online.