The parents of a baby girl who was severely brain damaged by a hospital prescription error have filed a medical malpractice lawsuit.  The exact amount they are suing for has not been specified but it’s reported that they are seeking hundreds of millions to compensate them for past and future medical bills.

Tesome Sampson and Frank Guy are suing St. Mary’s Medical Center in Florida, as well as the hospital’s owner and numerous doctors, nurses and pharmacists, all of whom the couple allege had a hand in their daughter’s premature birth and subsequent permanent brain damage.

Sampson was admitted to St. Mary’s on August 25, 2008 only 24 weeks along in her pregnancy.  She was put on bed rest as doctors were concerned that she would deliver too early.  Unfortunately, while in the hospital, Sampson was mistakenly given a dose of a drug called Prostin E2, which is typically used to terminate pregnancies or in some cases to speed up labor.

Shortly after ingesting the drug, Sampson began experiencing severe cramps.  Doctors brought her a portable toilet and told her that she likely needed to have a bowel movement; however she instead gave birth to her daughter, two months early and severely brain damaged.

The lawsuit alleges that the premature birth and subsequent brain injury were a direct result of the medication error.

The results of this suit will be reported here as soon as they become available.

Prescription malpractice can happen with just one small mistake, but as seen in the above story, can have devastating and lifelong results.  If you or a loved one has suffered injury due to a medication error, discuss your situation with an experienced medical attorney to find out what your legal rights are.

The family of a Michigan man who died of a dissected aorta has been awarded a settlement in their wrongful death lawsuit.  The family sued Dr. Arun Gupta stating that because he failed to refer 43 year old Clayborn (Matt) Baker to a cardiologist while under his care during a hospital stay, the patient bled to death internally.

In 2005, Baker went to Mercy Memorial Hospital in Monroe complaining of chest pains.  He was admitted to the hospital, however Dr. Gupta, who treated Baker over the course of 6 days, ignored his repeated requests to be seen by a cardiologist.

The Baker’s family’s medical attorney testified in court that Baker continuously mentioned having a heart problem, and complained that he wasn’t being treated by an expert for his condition.  “He felt he was dying,” the attorney said.

It was argued during the trial that had Baker’s dissected aorta been detected when he first arrived at the hospital, surgical intervention could have been performed immediately and his life likely would have been spared.  Instead, he was diagnosed with an infection and kidney stones and sent home after six days in the hospital.  That same day, he was rushed back to the emergency room where he died.

Dr. Gupta’s lawyer argued that Mr. Baker did not show signs of aortic dissection and was given adequate care by his client while in the hospital.  He also claimed that several other doctors examined

Baker’s X-rays and none of them noticed any problems with his heart.
The jury didn’t see it that way, however, and sided with the plaintiffs, awarding them a settlement of $1.5 million.

Sometimes it’s not a matter of a doctor making a blatant error that causes medical malpractice, but it’s the absence of appropriate and thorough treatment, such as referring a patient to a specialist for further examination that can result in harm to the patient or even death, as in this case.  Medical attorneys are familiar with these types of situations and can help determine whether or not a doctor’s inaction has caused you or your loved one to suffer damages.  Speak with one today to find out more.

The family of a Wisconsin girl who was left permanently disabled after a botched spleen-removal has received a settlement in their surgical malpractice case against Dr. Leonard Go.

According to court documents, during the surgery, which was performed in June 2007 at St. Mary’s Hospital, Dr. Go used a blender-like device to assist in removing the child’s spleen.

The surgeon admitted to failing to notify the girl’s parents that he was using the device, which he also admitted he had never used before.

The device ended up causing massive internal damage, leaving little Shelbey Bomkamp, now 8 years old, with permanent brain injuries.  She cannot speak, can only eat through a feeding tube and requires round-the-clock care.

According to the Bomkamp’s medical attorney, the award of over $17 million is the largest in Dane County history.

Source: www.NewRichmond-News.com

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.

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.

A jury in Virginia has awarded what is believed to be the state’s largest medical malpractice recovery, $7.5 million, to the surviving family of Eleanor Browder who died as a result of a misdiagnosis of breast cancer in the form of a delayed diagnosis.
In March 2003 Browder went to see Dr. Donna Gamache after she found a notable lump in her right breast.  Nurse Practitioner Mary Nichols ordered a mammogram which came back with negative results.
The results of the mammogram were delivered to Dr. Gamache, at which point she examined them and wrote “Need chart” at the top.  Neither the nurse nor the doctor ever retrieved said chart, nor were any further tests ordered as a follow up to the mammogram to determine exactly what was causing Mrs. Browder’s lump.

By the time Browder returned to Dr. Gamache in October, the lump in her right breast had grown to the size of a lemon.  It was then that an ultrasound and a biopsy were ordered and the cancer was finally diagnosed.  But by then it was too late.  The cancer was at a stage IV, and incurable.  Sadly, Mrs. Browder passed away last April, before her complaint made it to trial.  Her husband and two adult children continued the case following her death.

The medical attorney for the Browder family argued that had the cancer been properly diagnosed seven months earlier, when the original mammogram was performed, Browder’s survival rate would have been greatly increased.

The jury allocated $212,000 of the award to medical expenses, $785,000 for economic loss and $6.5 million to Mrs. Browder’s widower, Paul, for “solace”.  Unfortunately, the damages will be reduced to $1.65 million, the state-mandated medical malpractice cap.

A delayed diagnosis of cancer can mean the difference between a full recovery and certain death.  If you or a loved one has suffered further losses due to a missed or delayed cancer diagnosis, or you have lost a family member as a result of this type of medical negligence, please don’t hesitate to discuss your situation with an experienced medical lawyer.

Source:   Fredericksburg.com

A Cincinnati jury found in favor of David and Karen Krause last week in their medical malpractice case against Dr. Lawrence Rothstein and the Greater Cincinnati Pain Management Centers, where the doctor is employed.

In January 2006, David Krause went to Dr. Rothstein for a cervical epidural steroid, a procedure in which the patient receives an injection to relieve pain in the neck, shoulders and arms caused by pinched nerves in the cervical spine.  Following the procedure, however, Mr. Krause experienced permanent, debilitating injuries to his right arm and hand as well as his left leg.

The lawsuit alleged that Dr. Rothstein failed to inform Krause that there were other treatments available to him, and that this particular procedure could cause potential side effects.  This lack of informed consent made it impossible for Krause to make an informed decision as to whether he wanted to proceed with the treatment.

Perhaps even worse, though, was the allegation that the Greater Cincinnati Pain Management Center altered or falsified the patient’s medical records to avoid possible legal action and liability in the case.

The jury agreed with the Krause’s on all counts, awarding them $1.372 million; $772,000 in compensatory damages, $500,000 for the falsification of records, and $100,000 to Mrs. Krause for loss of consortium.

Every patient deserves the right to fully understand any procedure or treatment that their doctor may recommend, and be given clear and concise information about it so that they are able to make an informed decision on whether or not they wish to move forward with said treatment.  Anyone who was not given proper informed consent by a medical professional and has suffered damages as a result has the right to seek compensation.  Medical attorneys know exactly how to handle these types of claims and can help victims get what they rightfully deserve.

With the help of a medical attorney, the parents of a young girl who suffered brain injury during her birth were recently awarded $4.4 million in damages. The young girl, Sierra Wilson, died last year at only 4 years of age due to complications of cerebral palsy.

“I’ve never been in this for the money. I’ve always wanted justice and vindication for my daughter. What she went through, she didn’t deserve,” said Brice Wilson, Sierra’s father.

Sierra was born on November 18, 2003 at Piedmont Medical Center in Rock Hill, South Carolina. During her delivery, she suffered oxygen deprivation which caused severe brain injury and cerebral palsy. While she was alive, she battled seizures and relied on a feeding tube for nourishment.

The lawsuit filed by Sierra’s parents argued that the nurse trainee assigned to monitor the mother, Robin Wilson, failed to recognize that the baby was in dire distress and required emergency intervention. The hospital was found liable for the Wilsons’ damages.

Medical attorneys for three separate families have filed wrongful death lawsuits against Tampa based St. Joseph’s Hospital, citing that their children died as a result of contracting a fungal infection while undergoing treatment at the facility.

The suit claims that the three children, ages 2, 5 and 9, were all battling leukemia at the hospital when they were negligently exposed to dust that contained pathogenic fungi. Their weakened immune systems were unable to fight the irreversible infections which led to their deaths.

One medical attorney was quoted as saying that the because of the infection, “these children then were forced to engage in yet another battle”, in addition to their battle with cancer.

According to the claims, the children became exposed to the fungi because their rooms were located above an area of the hospital which was undergoing construction work. The theory is that the dust containing the dangerous fungi was carried into the rooms through the air conditioning system, and the children then inhaled the airborne enemy.

Patients were also exposed when they were occasionally transported directly through construction areas en route to other areas of the hospital.

The hospital denies any wrongdoing.

This is just one example of how hospital infections can have devastating results, the very worst of which is death. If you or someone you love has suffered from a hospital related infection, speak with a medical attorney right away to discuss your rights.

Source: FoxNews.com

A jury recently returned a verdict in the medical malpractice case involving the misdiagnosis of cancer of a Nevada woman, resulting in her death.

24 year old Elisa Sanchez sought medical treatment in 2004, complaining of pain and blood in her stool.  She was wrongly diagnosed as having hemorrhoids on multiple occassions.  What she really had was colon and rectal cancer.

Her family, who brought the lawsuit, claimed that the misdiagnosis caused a delay in treatment, and that an early diagnosis could have increased her chance of survival to 97%, rather than the grim 50% she faced when the correct diagnosis was finally reached seven months later.

Cancer survival most often hinges on early diagnosis and prompt treatment.  When the disease goes unnoticed or is misdiagnosed, the delay in treatment often diminishes the patient’s life span.  In this case, it was too late to save Sanchez, and her family is left to pick up the pieces.

The case against the doctor was successful, and the jury awarded a settlement of $2.5 million.  Of course, this is of little consolation to the Sanchez family, because it could never replace the life of a young woman cut tragically short.

If you have lost a loved one as a result of a cancer misdiagnosis, you have the right to seek justice.  Speak with a medical attorney right away.