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.

The medical malpractice trial in the wrongful death of Anne Ryan is set to begin this week.  Ryan died in September 2007 of bacterial meningitis.

The lawsuit was filed by Ryan’s brother Jed and names the hospital of the University of Pennsylvania as the defendant.  Ryan was a student at the university at the time of her death.

According to court documents, Ryan went to the hospital showing all the symptoms of meningitis.  She underwent numerous testing, including a lumbar puncture, and was discharged with a prescription for antibiotics.

Ryan returned two days later still severely ill and this time underwent a CT scan that revealed brain swelling.  Shockingly, even after the results of the CT were revealed, Ryan was given another spinal tap, which the lawsuit calls “unnecessary” and “risky”.  The procedure caused Ryan’s brain to herniate and she died the following day.

The University, in their defense, is claiming that Ryan “unquestionably did not have meningitis when she was tested in the Emergency Department”.

Both sides are expected to produce expert witnesses to support each of their claims.

Source:  http://media.www.dailypennsylvanian.com

A patient who was left sedated on the operating table while awaiting brain surgery has filed a medical malpractice lawsuit against two NY doctors for their acts of negligence in failing to perform her surgery.

Last April, Jennifer Ronca was scheduled to undergo the second of a two part brain surgery by Dr. Paolo Bolognese.  Unbeknownst to her, the renowned brain surgeon had plans to leave town that same day.  He claims to have made an attempt to get another doctor to cover for him; however he left anyway without having confirmed that the other surgeon was available and agreeable to doing the procedure.

Adding insult to injury, the other neurosurgeon available at the time, Dr. Thomas Milhorat, declined to perform the surgery even though the patient was prepped and sedated for the procedure.

Ronca awoke to be told that no surgery had been performed.  She was essentially put under dangerous heavy anesthesia for nothing.

The New York department of health got involved shortly after the incident and both doctors were suspended for two weeks.  In addition, the hospital at which the surgery was supposed to take place, North Shore Hospital, has been fined for this and multiple other unrelated incidents, including wrong site surgery.  The hospital has been given until October to provide the state with a plan to correct these issues and pay back their fines.

Ronca’s medical malpractice lawsuit does not indicate how much she is seeking in damages, but in this case it will likely be more a case of punishing the doctors for their egregious acts than recovering money for pain and suffering.

Doctors have the duty to provide their patients with the highest standard of care.  In this case, both surgeons shirked their duties and left their patient high and dry.  They must be held accountable for their negligence.  Further information will be relayed when it becomes available.

The family of a New York man who suffered a heart attack while waiting to be seen at the Maimonides Medical Center is suing for hospital malpractice and medical negligence.

Jacob Goldbrunner began experiencing chest pains and was taken to the hospital in July 2008 to undergo a procedure to assess and treat his heart disease called a cardiac catheterization.  While waiting to be seen, Goldbrunner’s family states that it became increasingly obvious that there were serious concerns with the medical facility and its staff.

Initially, the key to the lab could not be located.  The staff then had problems locating an anesthesiologist to prepare Mr. Goldbrunner for the test.  Perhaps most alarming is the family’s testimony that one staff member wasn’t even able to tell them where the lab was located within the hospital.

While waiting, Goldbrunner’s condition worsened yet nobody on staff was able to attend to him.  The Goldbrunners waited for five hours with no medical attention.  Goldbrunner then suffered a heart attack right in front of doctors and medical staff.

The family was even more dismayed when they were finally escorted to the lab area only to find out that the key had still not been located so the testing could not be done.  It is these delays and lack of care that the family claims ultimately caused Goldbrunner’s death.

As if the neglect and lack of medical attention weren’t enough, according to records, the medical staff finally attempted to treat Goldbrunner’s failing heart by inserting a tube meant to deliver oxygen to his heart and lungs.  The tube, which was supposed to be placed in the patient’s lung, was inserted into his stomach in error.

The situation turned tragic when Mr. Goldbrunner was sent to a different medical facility to undergo a critically needed heart transplant.  He arrived via ambulance, only to find out that the heart he’d been told would be waiting for him was not available.

Goldbrunner died two weeks later at the age of 52.

The family is currently awaiting a court date for their medical malpractice lawsuit.  Further information will be relayed once it becomes available.

A somewhat surprising update to a case first discussed here in July, involving two Kansas doctors who were facing multiple charges of prescription malpractice following the death of one of their patients from an overdose.

One of the two physicians, Dr. Lawrence Simons, has voluntarily surrendered his medical license to the state Medical Board in an attempt to avoid further disciplinary actions against him.

Along with his former medical partner, Dr. Stephen Schneider, Simons was brought up on allegations of excessive prescribing of a controlled substance, failure to properly keep written medical records, unprofessional conduct and a host of other violations.

Surrendering his license may get Simons out of hot water with the Medical Board, however there are still 36 criminal charges pending against him and roughly half a dozen medical malpractice lawsuits, including the one involving the wrongful death of a patient.

There has not been an update reported regarding Dr. Schneider to date.

Source:  www.kansas.com

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.

A medical malpractice lawsuit involving brain damage to a child during delivery has been reinstated by the Nevada Supreme Court. At issue was the statute of limitations, which the lower court judge ruled had expired after four years and consequently dismissed the case.

However, the Nevada Supreme Court stated that the statute of limitations is 10 years when the malpractice involves a birth injury such as brain damage. The victim in the case suffered a scalpel laceration to his head during his birth in May 1995. He was born by Caesarean section.

The boy’s mother filed a lawsuit against two doctors, one of whom has settled out of court. The case against the other doctor will return to the District Court.

Statutes of Limitations Vary

This case provides an excellent example of how widely medical malpractice statutes of limitations may vary. Though most states have limits ranging between one and five years, there may be exceptions.

Always check with an attorney if you have questions about the malpractice statute of limitations in your state.

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.

A Texas jury has ruled in favor of John German in his medical malpractice lawsuit, awarding him $10 million for his injuries, future medical care and pain and suffering.

Mr. German was admitted to Methodist Hospital to undergo heart surgery, during which he was given a dose of the drug Heparin.  He had an allergic reaction to the blood thinner and suffered what’s referred to as “Heparin Induced Thrombocytopenia”, or HIP.

HIP is a common complication in which the blood clots rather than thins, ultimately cutting off the blood flow to the patients extremities.  The result was devastating.  Doctors were forced to amputate his left leg below the mid-thigh, a portion of his right foot and several of his fingers.

German’s medical malpractice lawsuit against the hospital and doctors who treated him during his heart surgery claimed that he wasn’t properly monitored after he received the Heparin, and for the days following the surgery.  By the time the HIT was discovered, it was too late.

The award is likely the last one of its size for medical malpractice in Texas because the Torte Reform Law passed in September 2003 caps non-economic damages to $250,000.  German filed his lawsuit just prior to the law taking effect, allowing his award to exceed the damages cap.

A Massachusetts family is preparing to file a lawsuit over the 2008 death of Charles Rondeau in an apparent case of EMT Malpractice.

Last year, on Mother’s Day, Mr. Rondeau began feeling ill.  He was sweating, short of breath and complaining of chest pains.  His daughter called for an ambulance while his wife rushed home from work to tend to her husband.

When Mrs. Rondeau arrived home and began her ascent up the three flights of stairs that led to the couple’s apartment, she was met on the way by a disturbing sight.  Paramedics were walking her husband down the steps rather than carrying him, a violation of state standards of care.

Shortly after arriving at the emergency room, Mr. Rondeau was pronounced dead.  The cause of death was an “extensive anterior wall myocardial infarction”.  Simply put, he had a massive heart attack.

After burying her husband, Joan Rondeau began to grow suspicious of the way her husband’s case had been handled by the EMT’s.  She became particularly concerned when her daughter noticed that it was documented in the medical records that Mr. Rondeau had been carried down the stairs by paramedics.

After being ignored by the ambulance service when she contacted them about what was written in the report, Mrs. Rondeau brought the discrepancy to the attention of state regulators.  Following a subsequent department of health investigation, the ambulance service was issued a Notice of Serious Deficiency, citing widespread concerns with the company that extended beyond the incident with Mr. Rondeau.

The attempt to cover up what really occurred prompted swift and severe action on the part of the DPH, who recommended the immediate suspension of the licenses of two EMT’s involved.

The Rondeau family is still working to pick up the pieces after last years senseless tragedy and a death that quite possibly could have been prevented.  The family’s medical attorney has stated that he expects to officially file their EMT malpractice lawsuit within the next two months.  More to follow as the case unfolds.