A young woman who nearly died after she underwent a botched abortion at the Metropolitan Medical Associates Englewood Center for Women in New Jersey will receive a settlement of $1.9 million for her damages.

Rasheedah Dinkins went to the clinic, which is the largest in NJ, to have a second trimester abortion, during which she began to hemorrhage.  Instead of being referred to nearby Englewood Hospital to be assessed and treated for her excessive bleeding, she was sent home.

Shortly after going home, Dinkins became sluggish and began having trouble walking and talking.  After passing out, she was rushed to Beth Israel Medical center by ambulance where it was discovered that she had a ruptured uterus.  The subsequent blood loss led to a stroke, a collapsed lung, a tracheotomy and she ended up in a coma for three weeks.

Dinkins’ case caused hospital workers to be concerned and they filed a complaint with the state which led to an investigation of the abortion clinic.  Officials were shocked to find dirty and rusty instruments, and filthy conditions, including a pile of dark red “dirt and debris” beneath an examining table that was a quarter-inch thick.  The result was a mandatory shut down of the clinic for a month.

But the problems didn’t end there.  Once Dinkins’ lawsuit became public, two more women came forward with complaints of medical malpractice at the clinic.

Gloria Mozas is suing the medical center for misdiagnosing her heterotopic pregnancy in 2003.  Mozas claims she was told she wasn’t even pregnant, but needed to undergo a D&C procedure to remove dead tissue from a previous failed pregnancy.  She later found out that the procedure killed her live fetus, and she was ultimately forced to undergo emergency surgery at a different hospital to save her life after her tubal pregnancy ruptured.

Christina Ruvolo’s medical malpractice lawsuit against Englewood Center alleges that she suffered severe complications due to an incomplete abortion she received.

As for Dinkins, she is still dealing with the aftermath of the ordeal she suffered at the hands of the negligent doctors at Englewood.  She says that had she known the truth about the clinic, she would have made a different choice.

The other two lawsuits against Englewood Center are still pending.

In a shocking case of negligence, a young woman is suing a Nevada hospital for medical malpractice after she claims they failed to treat her and sent her home where she later delivered a premature baby that died.

According to the lawsuit, Roshunda Abney and her boyfriend, Raffinee Dewberry, went to the emergency room at University Medical Center because Abney was experiencing severe abdominal pain.  She didn’t know at the time that she was pregnant.  Abney and her boyfriend were forced to wait for six hours with no treatment, while she was begging to be seen.  Other patients also waiting were pleading with staff to help her, some even offering to let her go ahead of them.

After six hours with no assistance, the couple left UMC and went to nearby Valley Hospital instead, hoping for speedier medical attention.  Abney alleges that they were told by Valley employees not to expect faster service there.

The couple after having spent nearly the entire day waiting for medical treatment, finally gave up and went home.  Shortly thereafter, Abney delivered a premature baby girl in the bathroom, who was transported to UMC where she was pronounced dead.  She weighed only 1 pound 6 ounces.

In response to the incident, UMC has suspended six employees and is in the process of termination proceedings.  Valley Hospital, on the other hand, is denying any wrongdoing.

Medical negligence doesn’t only happen in the doctor’s office.  It can happen anywhere, including hospital emergency rooms.  And hospital malpractice can have a much graver outcome than other forms of negligence.  A medical lawyer can help determine whether hospital malpractice occurred and how to proceed if it did.

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.

The Maryland court of appeals is giving the family of Pearline Brown Rice, who died of cancer after a tumor was misdiagnosed as arthritis, a third chance to fight their wrongful death suit.  The original case ended in favor of the family, awarding them over $11 million, but was overturned, and the first appeal denied.  A judge recently granted them another chance to pursue their claim.

In March 2001, Rice went to the University of Maryland Medical Center complaining of knee pain.  She was diagnosed as having osteoarthritis.  What she really had was a ruptured cancerous cyst, which went undiagnosed for several months.

By the time the disease was discovered, Rice had already lost precious time.  She underwent surgery, amputation, radiation and chemotherapy, but it was too late.  She died in March 2003.

In April 2006, a jury found in favor of Rice’s children, awarding them $11,003,000 in damages, but just a few months later the Medical Center was granted a new trial after a judge concluded that the verdict ran counter to the weight of evidence.

The second time around, the family’s suit was dismissed based on a new requirement that an expert’s opinion be filed along with a lawsuit and an issue involving the statute of limitations.  The Court of Special Appeals found that decision to be incorrect, and has again breathed new life into the wrongful death suit.

A verdict in favor of the defendant or a dismissal of your case doesn’t necessarily mean it’s over.  A good medical attorney will know if you have a chance to appeal your case and how to go about doing so in a timely manner.  If you have found yourself in this type of situation, speak to a medical lawyer about it today.

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.

Being a victim of medical malpractice can be devastating.  You’ve surely got a lot on your mind, including dealing with the aftermath of the injury you’ve suffered and finding a qualified medical lawyer to represent your case.  With so much going on, and with so many attorneys to pick from, how do you know you’re choosing the right one?  Here are a few tips and suggestions to help you select the medical lawyer that’s right for you.

Do you feel comfortable with him? Working with an attorney means you will have to be completely open and honest about the details of your case and your medical history.  If you don’t feel comfortable with someone, this will be difficult and may negatively affect your case.

Will she be able to devote the appropriate amount of time and attention to your claim? It’s good to have a lawyer who has a lot of experience, but you want to be sure you don’t pick one that has too much on their plate at one time, because they may not be able to focus on your situation as much as you’d like.

Is he going to be the one who works on your case? A lot of attorneys have understudies and other partners that they delegate some of their work to.  Be sure you know ahead of time if the person you initially meet with is going to be the same one to represent you to the end.

What is her approach? There are a lot of medical lawyers out there, and each one has their own style and approach to handling their cases.  Be sure you know the style of the one you choose, and are comfortable with it, so there are no surprises along the way.

What is the fee? Victims of malpractice are often left strapped for cash, as they have already incurred tremendous medical expenses as a result of their injuries.  It’s important to know ahead of time if your attorney requires an upfront retainer prior to starting litigation.  Know that many medical lawyers will not collect their fee unless and until you win your claim.  If you are not in the position to pay anything upfront, this is the way you should go.

Of course, you will probably have a long list of your own questions that you want to ask a potential medical lawyer, but the ones above are very important, so don’t forget to include them when you have your initial consultation.

Being a victim of medical malpractice is never a choice to the patient.  It’s good to know that at least selecting a qualified medical lawyer is.

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.

A Georgia jury recently reached a guilty verdict in a nursing home negligence case brought against Tucker Nursing Home.  The facility had been charged with neglect of one of its patients, resulting in pressure sores and other serious injuries.

The daughter of Melvin Raybon, now deceased from unrelated causes, filed suit against the facility on her father’s behalf.  Her complaint alleges that her father did not receive adequate attention and care when staying at the facility, and as a result, he suffered from severe, painful bedsores.

Bedsores, sometimes referred to as pressure sores, are usually caused by prolonged pressure on one area of the body.  This often occurs when a patient is left to lie in one position for long periods of time.  The pressure restricts the skin’s blood flow, causing the tissue to eventually break down.  To avoid this, bedridden patients should be turned frequently to ensure that they not remain in the same position for too long.

The lawsuit alleges that due to inadequate staffing levels, Mr. Raybon was not properly attended to and was only turned every four hours, as opposed to every two hours which is required to avoid the development of sores.

As a result, Raybon suffered from the painful sores over the remaining 12 months of his life.

The jury ruled against the facility, awarding a $1.25 million nursing home negligence settlement to Raybon’s surviving family.

What is wrongful death?  To put it simply, it is when someone dies as a result of another person’s negligence.  These types of cases are usually brought as civil cases, rather than criminal, and most often by the family of the victim.  There are certain elements that must be proven in order for a wrongful death claim to be successful.

• The death was the result of the defendant’s actions
• The defendant is at fault for the death
• The death caused a financial loss
• There is at least one person that is able to collect damages on behalf of the deceased

Not everyone can sue for wrongful death.

It is important to know that not everyone is entitled to sue for wrongful death.  Typically each state has statutes which determine who is eligible to file a wrongful death lawsuit.  For the most part, the decedent’s next of kin or surviving spouse is allowed to file suit.  Additionally, children may sue on behalf of their deceased parents and vice versa.  The statutes in each state should be checked prior to filing suit, however, to be sure.

Know the limitations.

Some states impose limitations on the amount of damages that can be collected in a wrongful death suit.  It ultimately depends on in which state the lawsuit is being filed.

The best way to determine if you are entitled to sue for the wrongful death of a loved one is to meet with an medical attorney that specializes in that particular field.  He or she will be able to explain the laws and what your options are, and represent you should your case go to trial.

A medical lawsuit against the Veterans Affairs hospital in Salt Lake City has been settled for nearly $1 million in damages. The lawsuit was filed after the death of William Meyer, who was being treated at the hospital for leukemia when he developed a fatal blood infection.

Meyer was undergoing chemotherapy at the VA in October 2004. Several days after his final treatment, he started experiencing diarrhea and stomach pain. Meyer’s wife, Pamela, called the hospital about his symptoms and was told an over-the-counter gas medication should help.

A Severe Infection: Every Minute Counted
However, gas was not the problem. According to the lawsuit, Meyer had developed a bacterial infection in his colon because of his reduced immunity from the chemotherapy.

When Meyer went to the emergency room, he had to wait 10 hours before receiving antibiotic treatment even though two doctors had ordered it. In fact, the medication was hanging on his gurney but had not been plugged into his IV.

Meyer suffered cardiac arrest and died (with his leukemia in remission) just a few days before his 46th birthday. His wife and daughter will receive compensation for general damages and Meyer’s lost wages.