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Couple Accepts $2.5 Million Medical Malpractice Settlement

January 5th, 2010

Susan Martin, of Columbia MO, and her husband, have successfully reached a settlement with two doctors from the University of Missouri Hospital whose seemingly simple medical error resulted in a full blown case of medical malpractice.  The doctors agreed to pay the Martins $2.5 million for the injuries and damages suffered by Susan.

The case began when Susan was hospitalized for treatment of dehydration relating to a gastrointestinal condition she suffered from.  The medical malpractice lawsuit claims that while giving her a nutritional supplement via IV, the doctors erroneously placed the IV line in the wrong vein.

These types of IV treatments are supposed to be done through the subclavian vein, which is located near the patient’s collar bone.  Instead of this, however, the doctors in question, Dr. J. Stephen Scott and first-year resident Timothy Geiger accidentally placed the IV line in Susan’s subclavian artery.

This seemingly simple medical error resulted in fatty acids traveling to Susan’s brain over a period of five straight days, which led to her suffering numerous strokes, severe neurological and cognitive damage and has left her physically and mentally disabled.

The doctors agreed to the settlement, although they both still adamantly deny being at fault and claim that Mrs. Martin’s strokes could have been caused by a pre-existing condition.

Sometimes what seems like the smallest of mistakes can lead to catastrophe, as in this case.  A misplaced IV needle, the slip of a scalpel, or the wrong drug being prescribed can all mean permanent disability or even death to the unsuspecting patient.  If you feel that you have suffered harm as a result of a simple medical error, you may have the right to be compensated for your injuries.  Contact a medical attorney today to discuss your case.

Surgical Malpractice Results in $285,000 Verdict

January 3rd, 2010

The verdict is in in the non-jury surgical malpractice lawsuit filed by 56 year old Kathleen Garrett, who claimed orthopedic surgeon Dr. Joseph “Asa” Bennett was negligent when he severed a nerve in her arm during elbow surgery.  She was awarded $285,000, a little more than half of the $500,000 she requested.

Garrett’s injury originated back in 1990 after a fall from a horse, and the damage to her joint got progressively worse over the years.  In 2005 she consulted with Dr. Bennett who recommended removal of bone fragments.

The surgery was performed with an arthroscopic lens and lasted nearly three hours.  According to court documents, however, inflamed tissue in the joint prevented Dr. Bennett from getting a clear view.  This, according to an expert witness for the plaintiff, is where the medical negligence came into play.

Dr. Edward Season testified that in his opinion, Dr. Bennett should have switched from arthroscopic surgery to open surgery no later than an hour into the procedure because of the inability to properly view the joint.  Unfortunately, that wasn’t the case and Dr. Bennett mistakenly cut Garrett’s radial nerve.

As a result of the medical error, Garrett has lost movement in her left wrist and hand.  It has affected her ability to work and she claims emotional damage as well.  Dr. Bennett admitted to severing the nerve, but claimed it was not negligence.  The judge overseeing the trial disagreed and ruled in favor of the plaintiff.

The hospital where the surgery took place is requesting a new trial.

Medical Malpractice Suit Settled in Botched Abortion Case

December 28th, 2009

A young woman who nearly died after she underwent a botched abortion at the Metropolitan Medical Associates Englewood Center for Women in New Jersey will receive a settlement of $1.9 million for her damages.

Rasheedah Dinkins went to the clinic, which is the largest in NJ, to have a second trimester abortion, during which she began to hemorrhage.  Instead of being referred to nearby Englewood Hospital to be assessed and treated for her excessive bleeding, she was sent home.

Shortly after going home, Dinkins became sluggish and began having trouble walking and talking.  After passing out, she was rushed to Beth Israel Medical center by ambulance where it was discovered that she had a ruptured uterus.  The subsequent blood loss led to a stroke, a collapsed lung, a tracheotomy and she ended up in a coma for three weeks.

Dinkins’ case caused hospital workers to be concerned and they filed a complaint with the state which led to an investigation of the abortion clinic.  Officials were shocked to find dirty and rusty instruments, and filthy conditions, including a pile of dark red “dirt and debris” beneath an examining table that was a quarter-inch thick.  The result was a mandatory shut down of the clinic for a month.

But the problems didn’t end there.  Once Dinkins’ lawsuit became public, two more women came forward with complaints of medical malpractice at the clinic.

Gloria Mozas is suing the medical center for misdiagnosing her heterotopic pregnancy in 2003.  Mozas claims she was told she wasn’t even pregnant, but needed to undergo a D&C procedure to remove dead tissue from a previous failed pregnancy.  She later found out that the procedure killed her live fetus, and she was ultimately forced to undergo emergency surgery at a different hospital to save her life after her tubal pregnancy ruptured.

Christina Ruvolo’s medical malpractice lawsuit against Englewood Center alleges that she suffered severe complications due to an incomplete abortion she received.

As for Dinkins, she is still dealing with the aftermath of the ordeal she suffered at the hands of the negligent doctors at Englewood.  She says that had she known the truth about the clinic, she would have made a different choice.

The other two lawsuits against Englewood Center are still pending.

Jury Awards $15 Million in Boy’s Death

December 26th, 2009

One of the country’s most prestigious hospitals has been named in a medical malpractice suit in the wrongful death of a 3 year old boy, and the jury has found against them awarding $15 million to the boy’s parents.

In April 2003, Jason Fox was brought to Children’s Hospital Boston by his parents to undergo a groundbreaking procedure to widen his pulmonary arteries.  Jason suffered from a birth defect called Tetralogy of Fallot, which affects blood flow through the heart.

Doctors in Fox’s native state of Pennsylvania treated the boy several times in his short life before referring him to the renowned Boston hospital for further work.

According to the medical malpractice lawsuit, Jason suffered complications just hours after the procedure.  He suffered a seizure and it was discovered during a CAT scan that some of the contrast dye used during the procedure had leaked into the boy’s brain.

Following the seizure, Jason was then transferred to the ICU and underwent two MRI’s to gauge the extent of any brain damage suffered.  At that point, it was discovered that a small piece of metal, likely from a medical instrument, was lodged in the boy’s brain.

According to the wrongful death lawsuit, Jason went into the hospital “a playful and active little boy” and left unable to walk or speak.   He ultimately died in December 2004.

It took the jury four days to deliberate and reach their decision.  The award was to account for $5 million for Jason’s pain and suffering, $5 million for the child’s wrongful death, and $5 million to Jason’s parents for the loss of their child.  Because of an agreement made prior to the conclusion of the trial, however, the total verdict will be reduced, although it is not clear how much.

Some medical errors can result in the ultimate sacrifice - a human life.  If you have lost a loved one and feel it may be due to a doctor or hospital’s negligence, get in touch with a medical attorney to find out for sure.  You may be entitled to compensation for your loss.

$22.3 Million Hospital Malpractice Verdict for Boy Who Lost Leg

December 24th, 2009

The parents of an Illinois child whose leg was amputated shortly after birth as a result of hospital malpractice has won their lawsuit and been awarded a hefty settlement of $22.3 million.

In May 1999 Jake Tinman, now 10 years old, was born with a congenital heart defect that required a procedure to insert a shunt.  The medical malpractice lawsuit claims that due to a series of delays and negligent care by hospital staff, the child was forced to have his left leg amputated.  Court documents claim that the leg was improperly dressed after surgery.  Tinman’s parents also claim that the delay in treatment their son received is the cause of his developmental delays and cognitive deficiencies.

Among the accusations of negligence, the lawsuit claims that hospital staff:

  • Failed to make a timely diagnosis of the patient’s shunt problem
  • Did not properly apply the pressure dressing to the patient’s leg
  • Failed to remove the pressure dressing from the patient’s leg in a timely manner
  • Improperly subjected the patient to cardiac catheterization
  • Failed to monitor the patient’s pulse
  • Improperly destroyed an echocardiogram

The jury that heard the case sided with the Tinmans and found the hospital and its staff negligent in their treatment of Jake.  The trial lasted just three weeks.

Hospital malpractice is serious business.  Jake is lucky to have survived his ordeal, but now he and his family must deal with a host of medical problems that otherwise wouldn’t exist had he been properly cared for by the medical professionals that were in charge of his treatment.  Thankfully in this case, the hospital is being held responsible for their actions (and inactions).  If you have been harmed by a hospital doctor or nurse, you too may be eligible for compensation for your damages.  Contact a medical attorney right away to find out more.

Wrongful Death Abroad

December 22nd, 2009

The death of a 10 year old British boy is being blamed on medical malpractice and has caused quite a stir among the medical community there and across the globe.

Kieran Howard’s problems started with a simple sneeze at his home last March, which inadvertently caused a tumor in his brain to burst.  He was taken to the hospital where, instead of being properly tested and monitored, he was made to wait some 12 hours and moved between three medical facilities before he finally died as a result of his condition.

Coroner, Dr. Fiona Wilcox, who performed the autopsy on the boy says he would be alive today had his condition been properly diagnosed in time and the life-saving surgery he required had been performed.  Dr. Wilcox cited the hospital staff with neglect, and called the whole situation a “gross failure”.

Neither the hospital, nor its staff has offered any explanation as to why Howard was so severely neglected.  There is also no report yet on whether the family plans to file a medical malpractice lawsuit, although it is more likely than not that they will.

Hospitals are supposed to be a place that we can go for help - and the doctors who work there are supposed to be trained and ready to handle any emergency situations that arise.  Unfortunately, sometimes there is a failure to do so, and the results can be injury or even death.  Have you or someone you love been harmed by an emergency room physician?  Did you suffer an injury due to hospital staff’s neglect?  If you have, then you may be entitled to compensation for your damages.  It is in your best interest to contact a medical attorney right away to find out more.

Source: www.thisislondon.co.uk

Mother’s Medical Negligence Leads to Baby’s Death

December 20th, 2009

In a shocking case of negligence, a young woman is suing a Nevada hospital for medical malpractice after she claims they failed to treat her and sent her home where she later delivered a premature baby that died.

According to the lawsuit, Roshunda Abney and her boyfriend, Raffinee Dewberry, went to the emergency room at University Medical Center because Abney was experiencing severe abdominal pain.  She didn’t know at the time that she was pregnant.  Abney and her boyfriend were forced to wait for six hours with no treatment, while she was begging to be seen.  Other patients also waiting were pleading with staff to help her, some even offering to let her go ahead of them.

After six hours with no assistance, the couple left UMC and went to nearby Valley Hospital instead, hoping for speedier medical attention.  Abney alleges that they were told by Valley employees not to expect faster service there.

The couple after having spent nearly the entire day waiting for medical treatment, finally gave up and went home.  Shortly thereafter, Abney delivered a premature baby girl in the bathroom, who was transported to UMC where she was pronounced dead.  She weighed only 1 pound 6 ounces.

In response to the incident, UMC has suspended six employees and is in the process of termination proceedings.  Valley Hospital, on the other hand, is denying any wrongdoing.

Medical negligence doesn’t only happen in the doctor’s office.  It can happen anywhere, including hospital emergency rooms.  And hospital malpractice can have a much graver outcome than other forms of negligence.  A medical lawyer can help determine whether hospital malpractice occurred and how to proceed if it did.

Surgeon in Hot Water for Teen’s Botched Breast Surgery

December 13th, 2009

Dr. Thomas Laney of Seattle is being accused by the State Medical Agency of surgical malpractice for an alleged botched breast augmentation as well as liposuction on a teenage girl.  He is also being accused of unprofessional conduct because of the patient’s age.

The unnamed patient was just 15 years old at the time of the procedures, and sought treatment from the surgeon to reduce the large size of her breasts, which she claimed interfered with her athletic activities and caused her pain.  She also requested liposuction for weight loss purposes.

According to the lawsuit filed by the girl’s family, which has since been settled, the doctor didn’t perform the breast reduction properly, putting her nipples back in the wrong place and leaving her breasts with an “unnatural appearance”.

The Washington Medical Quality Assurance Commission is now getting involved, citing that the doctor did not have the proper education or training to perform the surgeries in question, and that he acted negligently by agreeing to perform liposuction on such a young patient.

Although there are no reports that the girl suffered any injury from the liposuction, it is a highly risky procedure which could have resulted in infection, tissue loss and even death.  Because of this, the Agency claims that Dr. Laney should have refused to perform the surgery and instead recommended a proper diet and exercise for weight loss.

This isn’t Laney’s first experience with medical malpractice accusations.  In fact, he has been sued at least 10 other times by patients or their families.  One such incident involved the death of a plastic surgery patient who ceased breathing while under anesthesia.

Amazingly, although he has been fined in the past, the medical board has yet to place any restrictions on Laney’s medical license, even given his track record.

He has requested a hearing in this particular case but no date has been scheduled yet.  In the meantime, he continues to practice medicine.

Veteran Denied Colonoscopy Sues for Medical Malpractice

December 11th, 2009

David Cohen, a veteran of war is suing a New York VA for medical malpractice for denying him the ability to receive a colonoscopy.

Cohen claims that his local VA refused to perform a colonoscopy on him on multiple occasions, and disregarding the fact that colon cancer runs in his family, which places him at a much higher risk of developing the disease.  Cohen’s grandmother and several other family members all had colon cancer, so he was attempting to take preventative measures for himself.

In August 2009, Cohen finally received the test he’d been trying to get all along only to find out that he was, in fact, suffering from colorectal cancer.  At that point, the disease was already in a stage four and he was given a prognosis of 26 months to live.  According to Cohen’s medical malpractice lawsuit, he is facing this situation because of the refusal of the tests he requested.

A soldier at heart, Cohen’s bravery is evident in his vow to beat his prognosis and live past the short time-frame he’s been given.  He also wants to remind people never to take no for an answer when it comes to medical care.  Heeding his advice may mean avoiding becoming a victim of medical malpractice.

Flu Test Misdiagnosis Almost Costs Girl her Life

December 9th, 2009

Flu season is upon us and is in full force.  Couple that with this year’s H1N1 scare, or swine flu, and you’ve got a lot of concerned people.  Given the dangerous nature of this illness, when it is misdiagnosed, the doctor may find himself facing a medical malpractice claim.

One of the quickest ways for doctors to determine whether a patient has the flu, and if it’s the dreaded H1N1 strain is to perform what’s known as the “rapid flu test”.  Typically this is done with a swab in the mouth or nose.  This is the type of test that was performed on 9 year old Hayli Murphy in Florida, and unfortunately for her, it was misdiagnosed as negative, when in fact she was suffering from H1N1.

In fact, two rapid flu tests performed on Hayli were misdiagnosed, so her swine flu went undetected and worsened to the point that she ended up in the hospital where she spent 43 days in intensive care.

An expert on pandemic influenza has stated that rapid flu test misdiagnoses are not uncommon given the fact that, although they are fast and inexpensive, they are also somewhat unreliable.  In fact, studies have shown these types of tests can produce inaccurate results up to 50% of the time.

The problem is, with a bad case of the flu, particularly the H1N1 strain, time is of the essence.  When not properly diagnosed, the patient can end up hospitalized and in some cases even die.

There are some things you can do to help prevent a misdiagnosis of the flu.  The Center for Disease Control has released a list of warning signs to watch for:

For Adults:

  • Pain or pressure in the chest or abdomen
  • Difficulty breathing
  • Dizziness
  • Persistent vomiting
  • Confusion

For Children:

  • Fever accompanied by rash
  • Flu-like symptoms that improve but then return with cough or fever
  • Difficulty breathing
  • Not waking or interacting
  • Irritability to the point of not wanting to be held
  • Not drinking enough fluids
  • Bluish skin color

Anyone exhibiting these types of symptoms should seek treatment immediately.  And if the rapid flu test is used and produces a negative result, go with your gut.  Don’t be afraid to ask for a second test, and an actual lab one.  It may take longer for the results to come back but getting a correct diagnosis could mean the difference between life and death.

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