The family of Heather Sloan, a 29 year old woman who died after doctors failed to diagnose a twist in her intestines, has agreed to settle their wrongful death lawsuit in the amount of $3 million.
In March 2007, the young mother of three went to the Chester Hospital in South Carolina complaining of severe abdominal pain.  The medical staff, informed of the fact that Ms. Sloan had previously undergone gastric bypass surgery, ordered a CT scan of her abdomin and pelvis.  Unfortunately, the results of that test were misread and the problem was subsequently misdiagnosed as constipation.
Sloan was sent home, but the pain continued forcing her to return to the ER two more times.  Doctors finally chose to operate on her, and it was only then that they discovered that Sloan’s intestines were twisted and had cut off the blood supply to her bowels.  By the time the true diagnosis was discovered, it was too late.  Heather died just hours after surgery.
Her family claim that the misread CT scan coupled with a lack of communication among the doctors resulted in wrongful death that could have been prevented had the medical malpractice not occurred.
The doctors decided to settle in the amount of $3 million just days before the trial was set to begin.

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 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.

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.

A jury has returned a verdict in the medical malpractice claim brought on behalf of 4 year old Sierra Wilson of South Carolina.  The child suffered a brain injury during birth, which resulted in Cerebral Palsy.  She died from complications of the illness.

According to the lawsuit, the girl’s mother, Robin Wilson, arrived at the Rock Hill hospital three days before she was scheduled to be induced, suffering from nausea and vomiting.  A nurse trainee was assigned to monitor Wilson, and the inexperienced practitioner misread the fetal heart monitoring device, failing to diagnose the baby’s distress.

Baby Sierra was subsequently born with a severe brain injury due to lack of oxygen before and during her birth.  She suffered from Cerebral Palsy, which caused her to have seizures and she was required to undergo almost daily therapy.  She was only able to eat through a feeding tube.

The settlement was much more than the Wilson’s expected: $4.4 million.  In fact, Sierra’s father Brice was quoted as saying, “I’ve never been in this for the money.  I’ve always wanted justice and vindication for my daughter. What she went through, she didn’t deserve.”

The hospital plans to appeal the decision.

Source:   HeraldOnline

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.

According to recent reports, a man living in New Jersey recently filed a lawsuit claiming he suffered life-altering injuries after having surgery. The man, 44, has been left permanently disabled from his injuries, which he and his caretakers insist was due to a mistake involving anesthesia.
The case claimed medical negligence against the medical center where the man was operated on and named his surgeon as a defendant as well. A settlement has reportedly been reached and the man has been awarded $2, 700,000.
Lawsuit Details
The plaintiff in the case, whose name has not been publicized, was admitted for a surgical repair of his Achilles tendon. While under anesthesia, the man’s anesthesiologist reportedly failed to respond to a change in vital signs over the course of several minutes. The patient’s oxygen saturation level was recorded as having decreased from 99% to 59% within this time. As a result, the man went into respiratory arrest and suffered a great deal of brain damage.
The man’s attorneys argued that due to this brain damage, which was negligently caused, he has been left with only short-term memory and has little communication skills. The man is also unable to take on full-time employment due to his injuries and was forced to quit his job working as a CFO health care system.
Defendants Attempt to Fight Back
The defendant anesthesiologist and the medical center argued against the plaintiff claiming they monitored him properly. They even blamed the patient claiming that his injuries were likely due to the “motion artifact” which occurred during the procedure because his hand was moving.
The settlement reached included a waiver of an $800,000 lien for medical expenses and $1.9 million in cash paid by the anesthesiologist’s insurance carrier.

In 1999, 12 year old Andrew Muno was undergoing surgery on his arm to repair a torn tendon when something went terribly wrong, resulting in his death.  In a clear case of medical negligence, the boy was given an antibiotic that he was allergic to, causing him to have breathing issues and leading to his death.

After a long, drawn out court battle the family won their case in 2006 and was awarded a wrongful death settlement of $7.5 million.

They wouldn’t see any of that money for a while, though, because the anesthesiologist in question, Dr. Dale Gordon, appealed the verdict twice; first to the Appellate Court and then to the state Supreme Court.

The appeals were finally put to rest a few weeks ago when Judge Raymond McKoski ruled that the original verdict be upheld, and awarded the family additional interest, bringing their total settlement amount to $9 million.

The family’s attorney has been quoted as saying, “After nine years of waiting for justice to be rendered for the death of their son, the Muno family is relieved to finally have closure of this horrible chapter in their lives.”

Source: www.suburbanchicagonews.com

The jury has returned a verdict in a tragic case of medical malpractice, in which Theresa Capwell lost her life at the hands of negligent doctors who failed to diagnose her inflamed pancreas.

She left behind three small children.

According to the family’s attorney, not only did the hospital staff treating Capwell fail to diagnose her condition, but they also missed several other opportunities to save her life.  Overlooking the obvious symptoms of pancreatitis, doctors instead wasted two weeks looking for cancer that did not exist.

Ultimately Capwell was placed on a breathing machine, which caused problems with her lungs that prevented proper oxygen intake.  Multiple physicians had ordered that Theresa be given a chest tube to assist her breathing.  Unfortunately, that procedure was never performed.

Because of this blatant oversight, the young mother of three went into cardiac arrest and her brain was deprived of oxygen for more than 10 minutes.  After lying in a coma for a year, Capwell died.

After a three week trial, the jury deliberated for 24 hours before returning their verdict.  The $7 million award is to be split up, with $3 million going to Capwell’s daughters and the remaining $4 million to her surviving husband.

Shortly after undergoing a liposuction procedure in 2004, Jacksonville resident Martin Gottlieb died of an apparent heart attack.  In a clear case of plastic surgery negligence, his treatment following the surgery could easily be considered sub-standard.

Rather than being supervised properly by a licensed nurse, Mr. Gottlieb was instead looked after by an unlicensed surgical technician.

Apparently, Gottlieb began having problems breathing, due to the fluid in his body and the prescription drugs in his system.  Unfortunately, the unqualified technician caused a delay in transporting the patient to the hospital ultimately costing Mr. Gottlieb his life.

The surgeon responsible for Gottlieb’s care admitted fault, and the case against him was successful.  But in a shocking move, the physician then appealed the decision, requesting that the patient’s body be exhumed and examined to determine whether Gottlieb used recreational drugs.  His theory was that if that was indeed the case, the settlement should be reduced as the patient’s life expectancy would most likely have been significantly shorter.

His appeal was rightfully denied.

Medical malpractice occurs in many forms, including plastic surgery, as in this tragic story.  If you or a loved one has been a victim of plastic surgery negligence, or any other kind of medical malpractice, contact a medical attorney immediately to discuss your rights.