Susan Martin, of Columbia MO, and her husband, have successfully reached a settlement with two doctors from the University of Missouri Hospital whose seemingly simple medical error resulted in a full blown case of medical malpractice.  The doctors agreed to pay the Martins $2.5 million for the injuries and damages suffered by Susan.

The case began when Susan was hospitalized for treatment of dehydration relating to a gastrointestinal condition she suffered from.  The medical malpractice lawsuit claims that while giving her a nutritional supplement via IV, the doctors erroneously placed the IV line in the wrong vein.

These types of IV treatments are supposed to be done through the subclavian vein, which is located near the patient’s collar bone.  Instead of this, however, the doctors in question, Dr. J. Stephen Scott and first-year resident Timothy Geiger accidentally placed the IV line in Susan’s subclavian artery.

This seemingly simple medical error resulted in fatty acids traveling to Susan’s brain over a period of five straight days, which led to her suffering numerous strokes, severe neurological and cognitive damage and has left her physically and mentally disabled.

The doctors agreed to the settlement, although they both still adamantly deny being at fault and claim that Mrs. Martin’s strokes could have been caused by a pre-existing condition.

Sometimes what seems like the smallest of mistakes can lead to catastrophe, as in this case.  A misplaced IV needle, the slip of a scalpel, or the wrong drug being prescribed can all mean permanent disability or even death to the unsuspecting patient.  If you feel that you have suffered harm as a result of a simple medical error, you may have the right to be compensated for your injuries.  Contact a medical attorney today to discuss your case.

A Sacramento judge approved a $5.75 million settlement last week in the case of young Cannon Hoops, who suffers from cerebral palsy due to a birth injury.  The medical malpractice settlement is the largest amount ever agreed to by the University of California Davis Medical Center.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

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 surviving family of a Wisconsin man who died of a misdiagnosed fungal infection has won in court in their wrongful death lawsuit.

The father of two, Gustavo Espinal-Santos, went to the Bellin Family Medical Center in December 2003 because he was feeling ill.  Physicians who treated the man diagnosed him as suffering from pneumonia.  Unfortunately, they were wrong.

The lawsuit alleged that the doctors were negligent in failing to order standard tests such as X-rays, causing them to miss the signs of what Espinal-Santos was actually suffering from:  a deadly fungal infection called blastomycosis.

After two visits to the medical center, Espinal-Santos was finally admitted and the real cause of his symptoms was discovered, but by then it was too late.  He died a short time later.

The medical malpractice trial was relatively quick, lasting only four days and the jury deliberated just eight hours before finding in favor of the plaintiffs.  The award will be reduced, however, because of Wisconsin’s damage caps law.

Source:  www.greenbaypressgazette.com

A 53 year old father from Hollywood Florida has been victorious in his surgical malpractice lawsuit against the doctor who punctured one of his arteries during surgery, leaving him paralyzed and in need of round the clock care.

Francis Ziadie went to Memorial Regional Hospital in 2002 with dizziness and slurred speech.  He was having a stroke.  Doctors immediately gave him medication to help break up a blood clot that was causing the stroke and his symptoms began to lessen.

The problem arose when Dr. Hoang Dinh Doung surgically inserted a stint into Ziadie’s carotid artery meant to prop it open and improve his blood flow.  Unfortunately, during the procedure, he punctured the man’s blood vessel which causes subsequent heavy bleeding into the patient’s brain.

Ziadie, who was just 46 at the time of the incident, now requires constant care from his elderly mother.

The jury in the case found in favor of Ziadie and awarded him and his family $14 million in damages for his pain, suffering and medical expenses.

Source:   www.miamiherald.com

The family of Melissa Hendricks, a Texas woman who died from cancer that went undiagnosed for over a year, has been awarded $3.5 million in her wrongful death lawsuit.  It is reportedly one of the largest medical malpractice verdicts in Denton County history.

The suit alleged that in 2002, Hendricks found a small lump on the top of her head prompting her to visit the Highland Family Medical Center where she was seen by Dr. Stephen Glaser.  Hendricks communicated to Glaser her concerns about cancer, which had taken her mother’s life years earlier.  Glaser dismissed her concerns, however, and diagnosed the lump as a nonmalignant lesion known as a sebaceous cyst.

The cyst was removed the following week, however no subsequent testing or biopsies were performed on the sample to confirm or refute the diagnosis and it was discarded.

A year later, Hendricks noticed another lump where the original had been and at that point sought treatment with a different doctor.  It was only then that the correct diagnosis of sarcoma, a dangerous form of cancer, was reached.  Unfortunately, however, with no treatment for over a year, the disease had progressed rapidly.  Hendricks fought valiantly but lost her battle in December 2004, less than a year after receiving the correct diagnosis.

The jury awarded Hendricks’ family the hefty settlement which will likely be reduced due to damage caps in Texas.  It is important to also note that they attributed 10% of the responsibility to Hendricks herself for not being more aggressive about getting a proper diagnosis given her family history of cancer.

Early detection of cancer is critical because left undiagnosed, the disease can continue to spread and worsen.  Treatment options may also be limited in late diagnosis, severely limiting the success rate of the patient in beating the disease and potentially shortening their life.  If you have received a diagnosis that you are unsure about, it is important that you take the initiative and get a second opinion.  It could mean the difference between life and death.

Should you find yourself already a victim of cancer that went undiagnosed or was misdiagnosed as something else causing a delay in treatment, you may have legal rights.  Discuss your situation with a medical lawyer to find out more.

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.

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.

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.

The family of a Wisconsin girl who was left permanently disabled after a botched spleen-removal has received a settlement in their surgical malpractice case against Dr. Leonard Go.

According to court documents, during the surgery, which was performed in June 2007 at St. Mary’s Hospital, Dr. Go used a blender-like device to assist in removing the child’s spleen.

The surgeon admitted to failing to notify the girl’s parents that he was using the device, which he also admitted he had never used before.

The device ended up causing massive internal damage, leaving little Shelbey Bomkamp, now 8 years old, with permanent brain injuries.  She cannot speak, can only eat through a feeding tube and requires round-the-clock care.

According to the Bomkamp’s medical attorney, the award of over $17 million is the largest in Dane County history.

Source: www.NewRichmond-News.com