In a shocking case of surgical malpractice, a doctor at a Riverside California hospital removed a patient’s only healthy kidney.  The man is now left with no kidneys after the diseased one was removed following discovery of the error.

A multitude of errors led up to the final grave mistake, including failure to follow safety protocol, failure to properly communicate with the patient, who speaks Spanish, and forcing the patient to sign a consent form essentially granting them permission to remove the wrong kidney.

Perhaps of most concern, though, is the fact that the doctor who performed the botched surgery did not even have privileges at that hospital to remove either kidney.

Once the medical error was discovered, the hospital then removed the patient’s diseased kidney, leaving him with no functioning kidneys.

Not surprisingly the California Department of Public Health has gotten involved and is actively investigating the incident.  If the hospital is penalized, it may face fines of up to $225,000.

Additionally, it’s pretty certain that there will be a surgical malpractice lawsuit forthcoming, although none has been reportedly filed as of yet.  But certainly the doctors involved in this tragic error should be held accountable for their gross negligence.

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.

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’.

There is an interesting medical malpractice bill being proposed in the state of Michigan that could potentially affect the quality of care folks in that state receive when they visit their local hospital emergency rooms, and it has some residents very concerned.

Senate Bill 858, also called SB 858, is being proposed under the guise of aiding in the prevention of frivolous medical malpractice lawsuits, however when examined closely, it could serve to be dangerous to the patients who find themselves at the mercy of ER personnel.

Basically, SB 858 states that in order to successfully sue over medical malpractice, the plaintiff would be required to prove that the medical professional in question acted with “gross negligence” and would have to do so by presenting “clear and convincing evidence”.  This may not sound that bad, however what it really means is that victims of medical malpractice would only have a fighting chance at justice if they are able to show that whatever happened to them was done intentionally or with reckless disregard.

But as with anything in life, medical malpractice is not typically that cut and dry.  Not all incidents of malpractice are committed intentionally.  To the contrary, most cases involve an unintentional mistake or oversight.  The new bill would mean that medical errors such as these would not be considered actionable unless they were committed on purpose.  We all know that in many cases, a doctor or nurse never intended to harm their patient, however through a careless mistake or oversight, did so.  This legislation would essentially grant immunity to emergency room staff, allowing them to be more lax in their care and opening the door to even more chances for errors to occur.

Many Michigan residents are highly concerned, as they should be, because this could potentially mean a much lower standard of care in their local ER, and what’s worse, less of a chance for them to fight back should they end up a victim of medical malpractice as a result.

The California State Department of Public Health has assessed fines in the amount of $25,000 each to eleven California hospitals for various medical errors and acts of negligence that violated state guidelines.  Many of the incidents in question resulted in patient deaths.

The majority of the medical errors occurred in 2008 and eight out of the eleven hospitals in question are located in Southern California.

So what’s to blame for all of these medical errors?  Namely, these hospitals, as so many others across the country, are dangerously understaffed.  This means doctors, nurses and other medical professionals are forced to work long hours on limited rest and perform procedures that they may not be well trained in.

Among the various reasons for the penalties were incidents of surgical mistakes and use of faulty medical equipment.

When hospitals are understaffed, it becomes a recipe for disaster.  The subject of medical reform should focus on these facts rather than medical malpractice lawsuits.  We need to address the cause of the malpractice, rather than the result if we ever want to see malpractice cases reduced.

Arkansas surgeon Dr. John B. Weiss is denying allegations that he committed surgical malpractice by leaving a surgical instrument in a patient’s thigh during surgery.

The patient, John Walters, filed a medical malpractice lawsuit last week seeking compensation for his injuries.  The lawsuit alleges that during a 2004 surgery, the doctor left a piece of plastic referred to as a “blue surgical tunneler” in his left thigh.  The object went undetected until July 2008 when it was discovered and subsequently surgically removed.

According to court documents, Walters claims that he confronted the doctor after he learned of the medical error and that Dr. Weiss admitted to leaving the object inside the patient’s thigh.  In his answer, Weiss adamantly denies the admission and any wrongdoing.

The lawsuit also indicates that Walters believes the foreign object may have played a part in his being diagnosed with leukemia, which the doctor also denies.

Walters is seeking damages for medical expenses (past and future) and pain and suffering.  Records do not indicate the dollar amount of damages being sought.

Attorneys for Dr. Weiss are filing a motion to dismiss.

Source:   nwanews.com

Barry Lackro, one of the 116 veterans who received botched prostate cancer treatments under the care of Dr. Gary Kao at a VA medical center has filed a medical malpractice lawsuit.

Kao recently admitted wrongdoing, stating that he “sometimes missed the mark” when implanting radioactive seeds into his patients.  The seeds are meant to be implanted into the prostate and treat the cancer, however Kao often implanted too few or too many seeds, and in some cases the seeds ended up in other organs.

The patients who were victims of Kao’s negligence were never told of the errors so they were unaware that the treatments they were receiving were much weaker than they were supposed to be.

In Lackro’s case, one of the radioactive implants ended up in his bladder causing him to suffer blood clots and other complications.  It is unclear how much he is seeking in damages, but it is certain that we will see many more medical malpractice cases filed against Kao in the near future.