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.

With all the recent talk about healthcare reform there have been more than a few references to tort reform and along with it, implications that people who sue for medical malpractice are greedy and just looking for a windfall.  The truth of the matter is legitimate cases of medical negligence often leave their victims with permanent injuries and a lifetime of suffering.  No monetary award can fix that.

There are reasons why the law allows people to sue doctors and medical facilities when they are harmed because of negligence.  Part of it is to punish the guilty parties and hopefully ensure that what happened to their victim doesn’t happen to someone else.  But the main reason medical malpractice victims sue is not to “get rich quick”.  It’s to receive enough compensation to be able to sustain their lives.

Think about a case in which a child suffers a birth injury which renders him brain damaged.  Or a patient who undergoes a surgery and ends up paralyzed because the surgeon made an error.  Or the woman who suffers a hospital infection which causes her to have to have her legs amputated in order to save her life.  The aftermath of these types of situations often involve hundreds of thousands of dollars in medical expenses, not to mention loss of income, and the pain and suffering that go along with having suffered such an injury.

It’s important that we not lose sight of the real reason victims of medical malpractice sue: their right to be compensated for someone else’s error, which they must deal with for the rest of their lives.  Should the young mother of two who is now confined to a wheelchair because of a doctor’s mistake have to pay for her own lifelong medical expenses?  Likewise, who should be responsible to pay for the physical therapy and medical treatments of the baby who has cerebral palsy due to a birth injury?  Her parents?  Or the doctor who was responsible?

Next time you read an editorial piece implying that medical malpractice lawsuits are “frivolous”, remember that those who sue for medical errors are victims, and that it could happen to any one of us.  And, of course, if you happen to a victim yourself, exercise your legal rights and contact a medical lawyer today.

A St. Louis man who went to St. Luke’s Hospital for treatment of his renal disease is now suing them for medical malpractice claiming they are responsible for his developing a rare disorder referred to as nephrogenic systemic fibrosis.

Between 2004 and 2007, the plaintiff underwent several MRI’s at the hospital, most of which involved the use of a gadolinium-based contrast dye.  Following these imaging studies, the man began developing lesions on his skin and fibrosis of his arms, legs, feet and hands.

He was officially diagnosed with nephrogenic systemic fibrosis, a painful and debilitating disease that is incurable and often fatal.

The medical malpractice lawsuit alleges that the hospital was negligent in administering the contrast dye in a patient who was in renal failure, which according to the suit is the underlying cause of the plaintiff’s new condition.  It also mentions the makers of the dyes, claiming that they designed a defective product and knowingly misrepresented that product as safe when it was not.

The plaintiff is suing for actual expenses (medical expenses, lost wages, etc.) as well as punitive damages for his pain and suffering.

A record award by a New York jury was sent down last week in the case of a 25 year old woman who was left permanently disabled after a birth injury caused her cerebral palsy.

The mother of Tiffany Busone filed the medical malpractice lawsuit more than two decades ago against Bellevue Women’s Hospital.  Her lawsuit claimed that when doctors at the hospital resuscitated and intubated her infant daughter, they did so incorrectly causing her to go without oxygen.  She subsequently developed cerebral palsy and brain damage as a result of the oxygen deprivation.

Busone, now 25 years old, is confined to a wheelchair and has only limited communication.  She will require home health care for the rest of her life and will never be able to work.

Cerebral palsy is a brain injury that often occurs before or during birth that can leave the child with developmental problems, brain damage, decrease or complete loss of motor functions and other permanent injuries.  Often times the cause of a child’s cerebral palsy is a doctor’s negligence, as in this case.

The jury that heard the case found in favor of the plaintiffs, awarding them $20 million for Busone’s home health care needs, $21 million for past and future pain and suffering and additional amounts for medical expenses and loss of future earnings, totaling $43 million altogether.

The verdict was a long time coming for the Busone family, who has been fighting for justice on behalf of Tiffany since 1991.

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.

A Tennessee jury has found in favor of plaintiff Courtney Hill in her failure to diagnose lawsuit against Dr. Claudia Moise and OB/GYN Specialists P.C. of Memphis.  She was awarded nearly $24 million for her medical bills, pain and suffering after her breast cancer was misdiagnosed.

According to the lawsuit, Dr. Moise ignored Hill’s multiple complaints of an unusual lump in one of her breasts.  The complaints began back in 2003, when Moise advised Hill not to be concerned and that she would revisit the issue during her next check-up.  During that subsequent check-up, Moise still did not order a mammogram, but instead suggested to Hill that the lump was simply a cyst or a fatty deposit.

She couldn’t have been more wrong.  Hill had cancer, and it wasn’t until she was pregnant and the lump got worse that she was finally given a mammogram and an ultrasound that revealed the disease.  By that point, it had spread to her liver.

Hill then had to undergo chemotherapy, radiation, a lumpectomy, and a hysterectomy to treat her cancer.  Because of these intensive medical treatments, she was too weak to appear in court so her testimony had to be presented via video.

The medical malpractice trial only lasted two weeks before the jury reached a decision.  They awarded $11.85 million to Mrs. Hill and an additional $11.74 million to her husband, Robert, who also sued for damages.  The verdict is said to be one of the largest malpractice awards in Tennessee history.

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

A Massachusetts tribunal has given the green light to charge Dr. Kayoko Kifuji with psychiatric malpractice in the death of 4 year old Rebecca Riley, after she prescribed a deadly dose of drugs for the child.

In a surprising twist, the girl’s parents are also being charged in her death, for administering too many doses of the medication Clonidine and other prescription drugs used for the treatment of bipolar disorder and attention deficit disorder.  The Rileys claim that they administered the drugs under the orders of Dr. Kifuji and are not at fault.

After the parents were charged, Kifuji voluntarily surrendered her license to practice and her attorney maintains that it will be difficult to decide if the physician is at fault in Rebecca’s death, given the fact that her parents are also being held liable.  Prosecutors, however, feel that they have enough evidence to prove psychiatric malpractice, also claiming that she failed to properly monitor the child’s condition after she was diagnosed.

Attorney Brian Clerkin is suing Dr. Kifuji on behalf of Rebecca’s surviving brother and sister.  The Rileys will likely not benefit from any sort of monetary reward if the case against Dr. Kifuji is successful, even if they are found not guilty in the death of their daughter.

Source:  Wicked Local Weymouth

According to a recent story in the Examiner, medical malpractice cases are being reported at an alarming rate in Washington D.C.  In fact, it is estimated that medical errors occur in D.C. at a rate of 1.5 per day.

The report states that in the 12 months prior to June 2008, there were 529 medical malpractice incidents reported.  That averages out to about 44 per month!  Among those numbers, the death toll rang in at 14.

Errors that did not result in death included a breast cancer patient who underwent surgery on the wrong breast due to a clerical error, as well as multiple instances of instruments, sponges, catheters and needles being left inside patients following surgery or treatment.

Clearly there is a need for reform in our Nation’s capital, as those numbers are unacceptable.

If you have found yourself a victim of medical malpractice, know that you have rights.  Speak to a medical attorney right away to learn more.