A Supreme Court judge has upheld the dismissal of a Kentucky man’s medical malpractice case because he didn’t have the testimony of an expert witness and therefore failed to prove his claim.

Horace Collier sued Caritas Medical Center and Dr. Robert Blankenship alleging that they were negligent in treating him for the abdominal pain he was experiencing in 2004.  His lawsuit claimed that he was ignored for a period of several hours before having to undergo an appendectomy.
Unfortunately for Collier, he chose not to call an expert witness to testify on his behalf, which left it as his word against the medical professionals.  He didn’t stand a chance.
The truth is, in an effort to prevent having to pay out thousands or even millions of dollars to a plaintiff for a medical malpractice claim, physicians and their defense attorneys will employ whatever means necessary for a victory.  This almost always includes a medical expert, or even a team of them, who will testify that the medical error was not the fault of the doctor or hospital.  If the plaintiff doesn’t do the same, chances are very slim that their claims will hold up in court.

In fact in many states, if you do not have an expert witness, you cannot even expect to get to trial, because the peculiar nature of medical malpractice cases REQUIRES that you hire an expert to explain your case.

One of the fastest growing elective surgeries in the United States is weight-loss surgery, name gastric bypass surgery.  Typically, those who are obese and have not had success losing weight on their own elect to have the procedure in hopes of reducing their body fat and living a healthier life.  But, as with any surgery, the benefits come with a risk.  Done properly, the results can be nothing short of life-changing, but when performed incorrectly, the patient can face permanent injury or even death.

As with any surgery, particularly elective procedures, there is always a risk to the patient.  The most common complication involving gastric bypass surgery is stomach fluid leakage or bleeding into the peritoneum (abdominal cavity).  This leakage is known as peritonitis and must be diagnosed and treated promptly, otherwise the patient can suffer organ damage, infection and death.

Medical malpractice comes into play when a surgeon punctures the area of the surgery causing the leak, or when the peritonitis goes undiagnosed during follow up treatment.  Patients who suffer from peritonitis and survive may face multiple surgeries to correct the problem putting them at further risk of injury, as well as pain and suffering.

Not every gastric bypass complication constitutes medical malpractice, however.  The most important thing to do when you think you’ve been a victim of negligence is to contact an experienced medical lawyer.  The details of your specific situation will help determine if gastric bypass malpractice did occur and whether or not a lawsuit is warranted.

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.

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.

A Maine jury ruled in favor of the plaintiff, Scott McDonald, in his medical malpractice lawsuit against Mercy Hospital and Dr. James Owens after a medical error nearly took his life in 2003.

The 46 year old man went to the emergency room to be treated for pain he was experiencing from a severe toothache and possible infection.  He informed the ER staff of his allergy to penicillin.  The allergy was also clearly referenced in his paperwork.

Dr. Owens overlooked the warnings and prescribed a medication called Augmentin, an antibiotic that is closely related to penicillin.  Augmentin has been known to cause dangerous reactions in patients who are allergic to penicillin.

After being given the drug, McDonald returned home where he began to swell up and develop a rash all over his body.  The allergic reaction landed him in the intensive care unit for nearly a week.

While the hospital did admit to the medical error, they disagreed with the amount of damages the plaintiff was seeking - $200,000 in compensation and $1 million in punitive damages.  The punitive damages part of McDonald’s lawsuit was dismissed by the judge who stated that the medical error “was not malicious or reprehensible”.

In the end, the jury awarded McDonald $125,000 for his damages.

As patients, we place our trust in doctors to provide us with the highest level of care when we seek medical treatment.  This includes careful review of our medical records and listening closely to our concerns and warnings.  When this is neglected, serious medical errors can result.  If you think you may have been the victim of a medical error that has caused you serious injury or harm, it’s important that you speak with an experienced medical lawyer right away.

OSF HealthCare System has agreed to pay $12 million for the care and medical costs of Jeremy Law, who suffered massive brain damage as a result of lack of oxygen during his 2004 birth. Jeremy now lives with a debilitating type of spastic cerebral palsy, requires a ventilator and needs 24-hour care.

According to his parents’ lawsuit, hospital staff failed to recognize and respond to fetal distress in a timely manner and these failures caused oxygen deprivation and subsequent brain damage.

Though the settlement amount is significant, it does not make up for the mental anguish and suffering that Jeremy and his parents must face every day. “The family is breathing a great sigh of relief that this aspect of their life is concluding, but no one should mistake this for a windfall,” a medical lawyer for the family said.

A jury in Georgia has begun deliberating over a case of surgical malpractice that has left a man paralized from the waist down.

According to evidence presented during the week-long trial, in February 2005 Randall Scroggs underwent a surgery in which Dr. Karl Schultz attempted to insert a spinal cord stimulator into his spine.  The lawsuit alleges that Dr. Shultz failed to follow proper procedure and rather than using diagnostic or MRI imaging to assist him during the surgery, he performed it “blindly”.

Among the claims, Scroggs’ medical attorney also accuses Dr. Schultz of inserting the stimulator without proper informed consent.  Scroggs was never informed of the alternative methods (diagnostic or MRI) and therefore claims that the surgery was performed without his legal consent.

A surgical error during the procedure resulted in Scroggs being paralyzed from the waist down.  He is seeking damages in the amount of $3 million.

This is yet another example of how life-altering spinal cord injuries can truly be.  When those injuries occur as a result of a surgical error, medical lawyers can help to ensure that the doctor responsible pays for his negligence.  If you or a loved one has been a victim of surgical malpractice, contact an attorney right away to discuss your rights.

Source: accessnorthga.com

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.

A jury in the medical malpractice case of Sophia Savage has reached a verdict and awarded Mrs. Savage and her husband Darrell $2.5 million in damages.

In 2001, Sophia had a hysterectomy at Three Rivers Medical Center, where she was also employed as a nurse.  It was during this surgery that the Savages claim something went terribly wrong.  Their lawsuit alleged that a surgical sponge was left inside Sophia’s abdomen when she was closed up after the procedure.

The sponge remained inside Savage until 2005 when an x-ray was performed on her following her continued complaints of pain.

Sophia was forced to undergo an additional surgery to remove the sponge, at which point doctors discovered that it had lodged in her lower intestines.  To remove the sponge, surgeons had to also remove a 49 centimeter long section of Savage’s small intestine.  This has left her with the lingering affects of diarrhea, abdominal pain, and constipation as well as depression and anxiety.

The settlement amount provides for $1.9 million for pain and suffering (past and future) and just under $66,000 for medical expenses Savage has incurred from the ordeal.  Her husband was awarded an additional $500,000 for loss of consortium.

Surgical errors like this happen all too frequently, and the negligent parties at fault must be held responsible, as in this case.  If you have suffered damages as a result of surgical malpractice, don’t hesitate to contact a medical lawyer.

You’ve been injured.  You feel wronged and angry, and blame your doctor or nurse for your pain and suffering.  You spoke with a medical lawyer, or perhaps a few of them.  And not one of them agreed to take on your case and represent you.  Why?

There are many reasons why a medical lawyer might refuse a case.  First of all, not every medical mistake constitutes malpractice.  Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases.  If certain elements don’t exist, they likely won’t take your case.

So what things do medical lawyers look for when deciding whether to represent a client?

Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient?  This question is most often answered ‘yes’ however there is more to the story than just duty.

Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf.  Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care.  Unless there is a good chance that this can be clearly proven, you don’t have a case.

Was there injury?  If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case.  You certainly can’t seek compensation for injuries you cannot prove.

Medical malpractice is by no means a black and white scenario, and every case is unique.  But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim.  If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down.  If you’ve found yourself unable to find legal representation, by all means get a second opinion.  But don’t be upset if you are told you simply do not have a case.  Often it will save you time and anguish in the long run.