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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 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.

With all the recent talk about healthcare reform there have been more than a few references to tort reform and along with it, implications that people who sue for medical malpractice are greedy and just looking for a windfall.  The truth of the matter is legitimate cases of medical negligence often leave their victims with permanent injuries and a lifetime of suffering.  No monetary award can fix that.

There are reasons why the law allows people to sue doctors and medical facilities when they are harmed because of negligence.  Part of it is to punish the guilty parties and hopefully ensure that what happened to their victim doesn’t happen to someone else.  But the main reason medical malpractice victims sue is not to “get rich quick”.  It’s to receive enough compensation to be able to sustain their lives.

Think about a case in which a child suffers a birth injury which renders him brain damaged.  Or a patient who undergoes a surgery and ends up paralyzed because the surgeon made an error.  Or the woman who suffers a hospital infection which causes her to have to have her legs amputated in order to save her life.  The aftermath of these types of situations often involve hundreds of thousands of dollars in medical expenses, not to mention loss of income, and the pain and suffering that go along with having suffered such an injury.

It’s important that we not lose sight of the real reason victims of medical malpractice sue: their right to be compensated for someone else’s error, which they must deal with for the rest of their lives.  Should the young mother of two who is now confined to a wheelchair because of a doctor’s mistake have to pay for her own lifelong medical expenses?  Likewise, who should be responsible to pay for the physical therapy and medical treatments of the baby who has cerebral palsy due to a birth injury?  Her parents?  Or the doctor who was responsible?

Next time you read an editorial piece implying that medical malpractice lawsuits are “frivolous”, remember that those who sue for medical errors are victims, and that it could happen to any one of us.  And, of course, if you happen to a victim yourself, exercise your legal rights and contact a medical lawyer today.

An Arkansas doctor who is being sued for the wrongful death of a successful advertising agency owner is denying any responsibility in the man’s death and placing the blame back on the patient claiming he ignored medical advice and neglected to seek follow-up treatment.

Dr. Stephen Hennigan, among others, is being named in the lawsuit claiming that he failed to address patient Gregg Ogden’s repeated complaints of constipation just prior to his death two years ago.  The suit claims that rather than investigating the pain and symptoms that Ogden was experiencing, the doctor merely treated him for chronic constipation.

What Ogden really had was a perforated bowel.  The perforation was repaired soon after it was discovered, but by that time the resulting leakage caused sepsis.  This deadly infection ultimately caused Ogden’s organs to shut down, and he suffered renal and respiratory failure.  He died just a few days later.

Dr. Hennigan, who denies being Ogden’s primary care physician, claims that the patient died not as a result of medical negligence, but because he repeatedly refused follow-up treatment and did not take his medication regularly.

Ultimately it will be up to a jury to decide.

Ogden’s estate is suing for an undisclosed amount for his wrongful death.

The husband of a 42 year old woman who died from blood clots following simple outpatient knee surgery has been awarded $6 million in damages for her wrongful death.

The victim was referred to an orthopedic surgeon by her primary care physician because she was experiencing pain in her left knee that was getting progressively worse.  After a quick exam, the surgeon gave her an injection to help with the pain and suggested she start physical therapy.

After continued pain, the victim went for a follow-up visit, at which point an MRI was ordered to determine if there was a possible tear in the cartilage.  The results of the MRI revealed a “cartilaginous loose body” behind her knee for which she underwent arthroscopic which lasted less than an hour.  She was sent home right after the procedure.

The next day, the victim’s daughter found her on the bathroom floor, diseased.  An autopsy revealed that the victim had developed deep venous thromboids where she had been operated on, and that these blood clots had traveled to her lung.  She died of a pulmonary embolism.

According to court documents, the surgeon who treated the victim ignored several key risk factors that would indicate the possibility of blood clots forming.  Among these were the patient’s weight, the fact that she had hypertension and that she was on birth control pills.

Because these warning signs were ignored, and because it was also proven that the doctor failed to observe proper post-surgery precautions we have a clear-cut case of medical negligence in her death.  The jury agreed.

Some cases, like this one, are relatively cut and dry, and somewhat easy to prove in court.  Others are much more complicated and therefore more challenging to be successful in litigation.  An experienced medical attorney can review your individual case and help you determine if your claim is worth pursuing, and what kind of chance you have at winning a lawsuit.

Chicago physician Dr. Michael Reinstein is being accused of multiple counts of nursing home malpractice for overmedicating patients that were in his care.

According to staff members at the facility where he worked, Maxwell Manor, patients treated by Reinstein experienced symptoms such as trembling, loss of bladder control and hallucinations.  Legal documents also indicate that the doctor relied heavily on a psychiatric drug called clozapine to treat his patients, which has several warnings and has been linked to at least three people who died while under Reinstein’s care.

One such patient, Alvin Essary, died in 1999 at the age of 50.  An autopsy revealed that he had five times the toxic level of clozapine in his body at the time of his death.  Similarly, 54 year old Odell Spruell died after Reinstein doubled his dose of clozapine.  And then there was Wendy Cureton, who at just 27 years old died at the hands of Reinstein.  Cause of death was clozapine intoxication.

Maxwell Manor was closed in 2000 for allegations of nursing home neglect; however Dr. Reinstein is still actively practicing psychiatric medicine in other facilities all over Chicago and placing unsuspecting nursing home residents in harms way every time they are treated by him.

A few of the allegations against Reinstein have resulted in settlements out of court, however still others are pending.  We’ll gladly pass along any further information along here as it becomes available.

A St. Louis man who went to St. Luke’s Hospital for treatment of his renal disease is now suing them for medical malpractice claiming they are responsible for his developing a rare disorder referred to as nephrogenic systemic fibrosis.

Between 2004 and 2007, the plaintiff underwent several MRI’s at the hospital, most of which involved the use of a gadolinium-based contrast dye.  Following these imaging studies, the man began developing lesions on his skin and fibrosis of his arms, legs, feet and hands.

He was officially diagnosed with nephrogenic systemic fibrosis, a painful and debilitating disease that is incurable and often fatal.

The medical malpractice lawsuit alleges that the hospital was negligent in administering the contrast dye in a patient who was in renal failure, which according to the suit is the underlying cause of the plaintiff’s new condition.  It also mentions the makers of the dyes, claiming that they designed a defective product and knowingly misrepresented that product as safe when it was not.

The plaintiff is suing for actual expenses (medical expenses, lost wages, etc.) as well as punitive damages for his pain and suffering.

A New York jury has awarded a $3.1 million to the estate of John T. Benigno, for the medical malpractice that caused his wrongful death.

In January 2002, Benigno went to the South Shore Heart Associates where he was treated by Dr. Stephen Horowitz for cardiac symptoms.  He already had a medical history of high cholesterol and heart disease ran in his family.  The doctor ordered a nuclear stress test, which produced negative results.

Benigno returned to the same facility in December 2003 complaining of the same symptoms and saw Dr. Horowitz again.  Rather than ordering a new nuclear stress test, however, Horowitz instead relied on the negative results of the previous test, which had been conducted nearly two years earlier.

Within six months of this visit, Benigno had a heart attack and died.  He was 40 years old and left behind a wife and two young children.

The medical attorney for Benigno’s estate alleged that had a repeat nuclear test been performed during his second visit to Dr. Horowitz, the occlusive artery disease which killed him would have been detected and Benigno would likely still be alive today.

The jury took just one day to deliberate after three weeks of testimony and ruled in favor of the plaintiffs, awarding $3.1 million to cover the damages suffered by Benigno’s widow and children, as well as loss of parental care and guidance.

If you suspect that a loved one may have died as a result of medical negligence, contact an experienced medical attorney to find out more.

Source:  www.prnewswire.com

71 year old Dr. Richard Klein knows a thing or two about practicing medicine.  He’s also honest enough to admit that there is a growing problem involving medical errors in this country.  In fact, he’s written a book about it, warning both patients and doctors about the risks of medical malpractice.

It’s titled “Surviving Your Doctors” and it’s being considered somewhat controversial among Klein’s colleagues.  The book addresses the staggering statistic that one in every 100,000 people die each year of medical malpractice and talks about ways that medical errors occur and how to avoid them.

Some of the leading causes of medical mistakes, according to Klein, involve doctors sticking with initial diagnoses that turn out to be wrong, ignoring other information and data, and, of course, the simple act of not paying attention.

Klein has had plenty of experience with medical malpractice, albeit on the other side of the spectrum.  He has served as an expert witness in numerous court cases involving negligence and the legal process involved in these kinds of lawsuits.

Not surprisingly, there are plenty of doctors who oppose Klein’s views.  Dr. Klein says, “Every time I mention it to my colleagues, they say ‘Don’t go there. Don’t mention it.’ They deny the numbers,” he says. “But something ought to be done about it. We’ve got to talk about it. It’s a pandemic.”

The book is scheduled to be released in December.  As consumers, and particularly as patients, we can never be too educated about our own safety, so you may want to add this one to your holiday ‘wish list’.

Academy Award nominated actor James Woods has filed a wrongful death lawsuit in the 2006 death of his brother.  The amount of damages he is seeking has not yet been reported, however it is known that he filed the suit on behalf of his nephew in order to “seek justice”.

According to the lawsuit, 49 year old Michael Woods went into cardiac arrest while on a hospital gurney at Kent County Hospital in Rhode Island.  The suit claims that Woods did not receive appropriate or timely care and subsequently died as a result.

This is certainly not the first medical malpractice lawsuit brought by a celebrity, and is yet another example that they are by no means immune to the risks associated with medical treatment.  You may recall recent reports about Dennis Quaid, Kanye West and Ed McMahon all having their own unfortunate experiences with negligent physicians.

Remember - medical malpractice does not discriminate - it can happen to anyone at any time.  If you or someone you love has been a victim of a doctor’s negligence, talk it over with a medical attorney today.