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.

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

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.

A Kansas medical lawyer and his client, who sued for medical malpractice when a surgeon removed the wrong ovary in error, are fighting back against the medical damages cap law in their state, arguing that it’s unconstitutional.

A jury awarded the victim, Amy Miller, a total amount of $759,680 to be divvied up as follows:

• $250,000 for noneconomic losses
• $150,000 for future noneconomic losses
• $84680 for medical expenses
• $100,000 for future medical expenses
• $175,000 for loss of services as a spouse

Given the high cost of medical care, and the severity of the medical error, it would appear to most people that this verdict was more than fair.  In fact, it is quite small in comparison to some medical malpractice awards that reach into the multi-million dollar range.

Because of Kansas law, however, which states that non-economic damages cannot exceed $250,000, the judge overseeing the case reduced the verdict to remove the $150,000 set aside for future non-economic damages and the $100,000 for future medical expenses.

Miller and her medical attorney are not taking this sitting down.  They have filed an appeal and will have an opportunity to argue their case in front of the Kansas Supreme Court.

What they are fighting for is the rights of victims who have already lost so much at the hands of a negligent medical professional.  Damage caps only serve to hurt those who need relief the most, as in this case.

The results of this battle will be relayed when the case is concluded.

The family of a Florida woman who died during childbirth was awarded a verdict of $4 million in her wrongful death lawsuit.

The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth.  Jackson died a mere 16 hours after her son was born.

According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.

Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory.  The settlement is to be divided between Jackson’s son and her widow.

Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer.  This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case.  This is why it’s critical to have an experienced medical attorney on your side.

The son of an 83 year old West Virginia woman has filed a wrongful death lawsuit claiming she died as a result of injuries suffered after falling out of her hospital bed.

Richard Hornick’s mother, Mary, passed away just months after she fell from her hospital bed while she was a patient at the Thomas Memorial Hospital.  His lawsuit claims that her fall was as a result of the negligence of hospital staff.

On December 8, 2007, while Ms. Hornick was an inpatient at the hospital, she was not properly monitored by staff and tumbled from her bed as a result.  The fall caused severe bruising, cuts on her head and arm and a hematoma.  The lawsuit claims that Ms. Hornick should have been monitored more closely because she met the hospital’s high-risk category.

Six months later, the victim died at a nursing facility.  The cause of her death was determined to be primarily due to dementia, but the secondary cause was listed as a cerebrovascular accident, in other words, the fall.

Hospital falls can be so dangerous that the FDA has released a guide to hospital bed safety.

Know someone who suffered after a dangerous fall from a hospital bed?  You should also know your rights.  A medical attorney can explain them to you.

73 year old Robert Erlandson is suing Vermont’s largest hospital for medical malpractice after he underwent knee replacement surgery only to be left with nerve damage and crippling pain.

Erlandson’s case is somewhat unique in that he himself was a highly respected doctor for nearly 40 years.

Given that fact, he knows a thing or two about the high standard of care that those in the medical profession must deliver.  And, sadly, he was not provided with the same type of care that he gave to his patients for so many years.

Erlandson claims that during his double-knee replacement surgery a tourniquet was misapplied causing massive nerve damage to his lower left leg.  The formerly healthy, active retiree is now forced to wear braces on his leg and cannot walk without the use of a cane.

The hospital, Fletcher-Allen, is denying any malpractice, insisting that any nerve damage suffered by Dr. Erlandson was part of the risks associated with that type of surgery.

The odds are stacked against Dr. Erlandson.   According to his medical attorney, Vermont is one of the most conservative states when it comes to medical malpractice verdicts; however this is not deterring the victim from seeking justice.  It will be interesting to see if his turns out to be one of the success stories.
The amount of damages being sought has not been released.

It’s not too often that we hear about radiation malpractice in the news, but unfortunately it does happen.  In fact, it happened just recently to a California man while undergoing a CT scan.  The man has subsequently filed a medical malpractice lawsuit against Cedars-Sinai Medical Center.

Trevor Ree claims that a combination of faulty equipment and doctors’ negligence caused him to receive eight times the normal dose he should have received during a CT scan in December 2008.  In the days and weeks following, Ree’s hair and eyebrows began to fall out and he began experiencing red, flaky skin on his face and scalp.  He didn’t realize it at the time but these are all signs of radiation overdose.

Ree’s lawsuit also claims that about a month ago someone from the hospital contacted him and asked if he had experienced any negative side effects after the procedure.  He alleges that he was not told why they wanted to know and was never notified that he had received an overdose.

Some 206 patients are also named in the class action lawsuit because of their possible overexposure to the dangerous radiation.

Radiation therapy is used in different medical procedures utilizing a form of energy called ionizing radiation.  Although its purpose is typically to destroy bad cells such as those that are cancerous, it can also damage healthy cells so it should be used with the utmost caution to limit the patient’s exposure.

Overexposure or radiation overdose can cause a host of medical problems and almost always occurs at the hands of a negligent doctor.

If you think you may have received a dose of radiation that was too high, and have suffered subsequent injury or medical issues, it is a wise idea to contact a medical attorney immediately.  You may be a victim of radiation malpractice.

A Sacramento judge approved a $5.75 million settlement last week in the case of young Cannon Hoops, who suffers from cerebral palsy due to a birth injury.  The medical malpractice settlement is the largest amount ever agreed to by the University of California Davis Medical Center.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

A wrongful death lawsuit has been filed against Morris Hospital for failing to diagnose a bacterial infection in a patient who later died from the condition.

Brian Hopkins went to the hospital on June 29th, 2008 with severe headaches and vomiting.  He was given blood pressure medication and pain medication and discharged.  Hopkins was found unresponsive in his home on July 1st and rushed back to Morris Hospital.  There a CT scan was performed revealing that he was suffering from bacterial meningitis and swelling of the brain.

Hopkins was air lifted to a different medical facility that was better equipped to handle his severe condition but they were unable to save him.  Hopkins died on July 3rd.

Medical attorneys for Hopkin’s estate claim that Morris Hospital’s failure to diagnose caused Hopkin’s wrongful death.

There is no date set for trial as of yet.

Source:  www.justicenewsflash.com