Posts Tagged ‘doctor negligence’

The Reality of Psychiatric Malpractice

Tuesday, May 12th, 2009

The term medical malpractice usually conjures up images of a doctor physically harming patients, leaving them injured or hurt.  There is another kind of negligence, however, that rarely results in a patient suffering from any kind of physical pain or harm, however victims of this type of malpractice can suffer just as much.

In cases of psychiatric malpractice, victims are left with mental and emotional, rather than physical scars.  But if this type of malpractice seems somehow less damaging than others, it isn’t.  In fact, the results of psychiatric malpractice can be equally devastating, if not more so.

Such is the recent case of young Ashlie Bunch, who committed suicide while supposedly under the care of trained psychiatrists and staff at the McGraw Residential Center in Seattle.  She was just 15 years old.

Ashlie’s adoptive father Steve recalls a somewhat troubled child who “thrived with love” but also suffered from a mental illness.  When she began acting out, threatening teachers and bringing a knife to school, she was ordered by a judge to enter a psychiatric facility.

In a wrongful death lawsuit filed by Ashlie’s family, the facility’s staff was supposed to check on her every five minutes.  They neglected to do this, and on January 29, 2008, the teenager hung herself in her room with a pair of shoelaces.  Perhaps most concerning is the fact that the shoelaces were given to Ashlie by a staff member.

Psychiatric malpractice and negligence may not result in visible bruises and scars on its victims, but the damage it does to those already suffering from mental illness is often far worse.  If you feel that you have been hurt by a psychiatrist or mental healthcare provider, you should know your rights.  Contact a medical lawyer to discuss your situation right away.

Delay in NY Medical Malpractice Trial of “Dr. Botch”

Tuesday, May 5th, 2009

There has been another delay in the wrongful death trial over an Irish woman who died following plastic surgery she had in Manhattan in 2005.  The pre-trial hearing has been set for June.  The accused, Dr. Michael Evan Sachs, has been dubbed “Dr. Botch” by the media due to the lengthy list of medical malpractice claims against him, totalling more than 30 since 1995.

Kay Cregan, 42 year old mother of two, underwent a facelift with Dr. Sachs on March 14, 2005.  Shortly after the surgery she collapsed in a recovery room.  She died several days later when she was removed from life support.

Sach’s medical license has since been revoked, though it is unclear why it took so long, and so many malpractice cases, to prompt this disciplinary action.  It is said that he currently maintains the worst malpractice record in the US.

The trial, which was supposed to begin back in January 2008, has been delayed multiple times, frustrating the Cregan family and preventing them from receiving the justice they rightfully deserve.  They are seeking unspecified monetary damages based on the loss of a wife and mother as well as Ms. Cregan’s pain and suffering that she endured in the days before her death.

If ever there was an example of the importance of researching the doctors with whom you plan to seek treatment, this is it.  With a history like Dr. Sach’s, it should have been evident that to undergo surgery with him would present a risk not worth taking.  Unfortunately, many people skip this critical step when seeking medical care and end up victims of medical malpractice as a result.

If you have suffered at the hands of a negligent doctor, or lost someone you love to medical malpractice, you may be able to receive compensation for your loss.  Speak with a medical attorney right away to find out how.

Birth Injuries - What is Shoulder Dystocia?

Saturday, April 18th, 2009

Shoulder Dystocia occurs during childbirth, when the infant’s head is delivered but the shoulders require additional medical intervention to be properly extracted.  There are many different factors that contribute to this complication, and it can ultimately lead to birth injuries to both the infant and the mother if it is not handled properly.
There are several risk factors that make situations of shoulder dystocia more likely, and which physicians must be aware and watchful of at all times.  These include maternal factors such as:

Diabetes
Abnormal pelvic anatomy
Short stature
Small birth canal
Previous shoulder dystocia complications

Additionally, fetal macrosomia (large birth size) can indicate the possible risk of shoulder dysocia and should be monitored closely up to and during the birth of the child.

Shoulder dystocia can be prevented if the doctor properly manages the mother’s labor and is able to perform the appropriate skilled maneuvers during the birth, if necessary, to dislodge the shoulder safely.  Risk factors can be discovered during the pregnancy and monitored via the use of ultrasound.

If shoulder dystocia is discovered during the birth process, the physician must impliment appropriate intervention techniques to reduce the risk of fetal and maternal injury such as episiotomy, maternal repositioning, application of suprapubic pressure and rotation of the baby.
Should shoulder dystocia occur, the injuries to the mother can involve bruising, tearing, hemorrhaging or uterine rupture.  The risks to the baby include loss of oxygen, clavical fracture, brachial plexus palsy and possible death.

If you or your baby suffered injuries due to undetected or improperly managed shoulder dystocia you may be eligible to seek compensation for your damages.  A medical attorney experienced in birth injuries can help.

Missed Diagnosis Malpractice Verdict Upheld

Saturday, April 4th, 2009

The $8.5 million medical malpractice settlement awarded to Jean Phillips in 2008, who lost the use of her right arm due to a missed diagnosis of a flesh eating bacteria, has been upheld by a federal judge.

In 2002, Phillips sought treatment from Dr. Dan MacAlpine at the Scott Air Force Base in Belleville Illinois.  She was complaining of a rash on her right arm.  MacAlpine didn’t bother to diagnose or treat the rash, but rather he sent Phillips home with instructions to take over the counter pain medication.  He wrongfully assumed that Phillips was a drug addict seeking prescription drugs.

The rash on Phillip’s arm turned out to be a flesh eating bacteria known as necrotizing fasciitis, and the failed diagnosis cost her the use of her arm.

Federal Judge Philip Frazier did, however, concede to the government’s request to have the settlement amount lowered, though not by much.  He reduced the compensation amount for Phillip’s medical expenses by just under $64,000, bringing the total settlement amount down to $8.46 million.

This is a perfect example of how medical malpractice can occur anywhere, including military facilities.  Anyone who suffers injury or damages due to a doctor’s negligence, regardless of where, should consider speaking with a medical lawyer.

California Cardiologist Accused of “Gross Negligence”

Wednesday, April 1st, 2009

Dr. H. Mehrdad Sadeghi is currently under investigation by the state medical board for his negligent treatment of two patients, one of which died.  The doctor has been banned from performing heart procedures at both the Sharp Chula Vista Medical Center and Scripps Mercy Hospital Chula Vista because of his history of medical malpractice and failure to meet accepted standards of care.

According to reports given by two other physicians who worked at Sharp hospital, Dr. Sadeghi “made unnecessary efforts and failed to ask for help from other physicians when his efforts went awry.”  They reviewed over 60 of the doctor’s cases since 2006 and found his care to be substandard.

Sadeghi spoke out to the media defending his name and denying any wrongdoing.  “Someone with my education and training doesn’t all of a sudden become incompetent,” he stated.

The state medical board disagreed.  In fact, in a 10-page complaint they cited Sadeghi with “gross negligence”.

It could take months for the board to decide whether to suspend Sadeghi’s license or revoke it altogether.

Source:  SFGate.com

$2 Million Settlement in Massachusetts Wrongful Death Suit

Thursday, January 29th, 2009

The family of a Methuen woman has won their wrongful death lawsuit over the death of Priscilla Jardine, who lost her life shortly after giving birth in 2004.

The 32 year old woman went into cardiac arrest shortly after she was given the blood pressure drug Labetalol, following her ceasarean section.  Her blood pressure dropped to dangerous levels eventually causing her heart to give out.

Her family brought the lawsuit against the doctor who recommended the drug, Dr. Debra Gail Knee, claiming her negligence in doing so directly resulted in Jardine’s death.

A jury agreed.  They awarded the grieving family $2 million in damages.

Unfortunately, medication errors occur all too frequently across the country, and as evidenced in this case, can have irreversible and devastating results.  If you or someone you know have experienced a doctor’s error such as this, you too have rights.  Speak to a medical attorney today to discuss them.

Source: FOXnews.com

Anesthesia Awareness Lawsuit

Thursday, January 15th, 2009

A lawsuit has been filed by the family of a Baptist minister in West Virginia who reportedly committed suicide after having surgery and not being given the proper amount of anesthesia. His family claims that in the two weeks before the suicide occurred, Sherman Sizemore, 73, believed that people were trying to bury him alive.

His family believes that his paranoia and traumatic stress syndrome stemmed from the fact that he was awake during a surgery without being able to move or cry out in pain. Since the incident, more attention has been drawn to anesthesia awareness, something that an estimated 20,000 to 40,000 people in the United States experience each year.

What is Anesthesia Awareness?

This experience occurs when the patient feels pain, pressure or other discomfort during surgery because they were not given enough anesthesia. The causes of anesthesia awareness can be due to doctor errors, faulty equipment or medical conditions that are so severe the patient can’t be safely put under the medication.

“It’s the first time I know of anyone succeeding in taking their own lives because of this, but suicidal thoughts are not all that uncommon” among such patients, explains Carol Weihrer, the president of the Virginia-based Anesthesia Awareness Campaign, which she founded after enduring her own anesthesia awareness experience.

Lawsuit Filed by Mourning Family

Sizemore was supposedly admitted to Raleigh General Hospital for exploratory surgery in order for doctors to diagnose the cause of his constant abdominal pain. The anesthesiologist and nurse anesthetist employed at Raleigh Anesthesia Associates reportedly gave Sizemore anesthesia to prevent his muscles from twitching while he was in surgery.

However, the suit states that they didn’t give him enough general anesthesia to make him unconscious until 16 minutes after the first cut into his abdomen was initiated As a result, the family says in the suit that he was forced to suffer excruciating pain.

The lawsuit also claims that Sizemore wasn’t told that he hadn’t been properly anesthetized, and he emerged from surgery with tormenting doubts about whether his memories were real.

Only two months later, Sizemore shot himself to death. And, as the lawsuit states, his family says he had no history of psychological distress before having the surgery.

$7 Million Awarded in NY Malpractice Case

Monday, January 5th, 2009

The jury has returned a verdict in a tragic case of medical malpractice, in which Theresa Capwell lost her life at the hands of negligent doctors who failed to diagnose her inflamed pancreas.

She left behind three small children.

According to the family’s attorney, not only did the hospital staff treating Capwell fail to diagnose her condition, but they also missed several other opportunities to save her life.  Overlooking the obvious symptoms of pancreatitis, doctors instead wasted two weeks looking for cancer that did not exist.

Ultimately Capwell was placed on a breathing machine, which caused problems with her lungs that prevented proper oxygen intake.  Multiple physicians had ordered that Theresa be given a chest tube to assist her breathing.  Unfortunately, that procedure was never performed.

Because of this blatant oversight, the young mother of three went into cardiac arrest and her brain was deprived of oxygen for more than 10 minutes.  After lying in a coma for a year, Capwell died.

After a three week trial, the jury deliberated for 24 hours before returning their verdict.  The $7 million award is to be split up, with $3 million going to Capwell’s daughters and the remaining $4 million to her surviving husband.

Hawaii Man Wins $6 Million in Malpractice Case

Friday, December 19th, 2008

Antonio Richardso, a 45 year old rancher from Wahiawa, Hawaii, won a hefty settlement in his medical malpractice case against his doctor, Arnold Seid.

In 2001 Richardson went to Seid following a health insurance medical test that showed signs of kidney disease.  The physician disregarded the tests results, and instead treated Richardson for high blood pressure.

Eventually, Richardson was referred to a specialist, but it was already too late.  His kidneys were dead.

According to expert testimony, had Richardson been referred to the specialist in 2001, when he first sought treatment with Reid, his kidney problems could have been delayed or possibly even prevented.

Attorneys for Richardson noted during the trial that their client suffered not only physical damages, but his business also failed as a result of Dr. Reid’s negligence.

The plaintiff was awarded a total settlement in the amount of $6.1 million; $4.1 million in special damages, and the remaining $2 million in general damages.

It’s another victory in a clear case of medical malpractice.

Source:  Star Bulletin

When Lasik Eye Surgery Goes Terribly Wrong

Saturday, December 13th, 2008

Each year millions of people who suffer from poor or compromised vision choose to go the route of having Lasik eye surgery to correct their eyesight.  Unfortunately, the surgery doesn’t always go as planned and mistakes are made, often with devastating results.  Medical negligence during Lasik surgery can result in worsening vision and even blindness.

Lasik surgery is a relatively new procedure in which an eye doctor that has been specially trained makes a tiny incision in the cornea of the eye and then uses a laser to correct the patient’s myopic vision, or nearsightedness.  It is a delicate procedure and there are presently only fifteen types of lasers that are approved by the FDA for such surgery.

If the wrong type of laser is used, or if the right type falls into the hands of an improperly trained eye doctor, the results can be devastating.

Victims of faulty Lasik eye surgery can develop symptoms such as double vision, halos and glares, or severe dry eyes.  In extreme cases, patients have completely lost their vision.

Lasik surgery is a serious medical procedure and it is not for everyone.  Patients seeking this type of procedure should do their homework and research qualified medical professionals before they choose one, to be sure that they are properly qualified to perform the surgery.

If you have had negative results from a faulty Lasik surgery at the hands of a negligent eye doctor and are suffering from the side effects it has caused, you should sit down with a medical lawyer right away to discuss your rights.

For some basic facts and tips about Lasik surgery, visit the Federal Trade Commission website.

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