The death of a 10 year old British boy is being blamed on medical malpractice and has caused quite a stir among the medical community there and across the globe.

Kieran Howard’s problems started with a simple sneeze at his home last March, which inadvertently caused a tumor in his brain to burst.  He was taken to the hospital where, instead of being properly tested and monitored, he was made to wait some 12 hours and moved between three medical facilities before he finally died as a result of his condition.

Coroner, Dr. Fiona Wilcox, who performed the autopsy on the boy says he would be alive today had his condition been properly diagnosed in time and the life-saving surgery he required had been performed.  Dr. Wilcox cited the hospital staff with neglect, and called the whole situation a “gross failure”.

Neither the hospital, nor its staff has offered any explanation as to why Howard was so severely neglected.  There is also no report yet on whether the family plans to file a medical malpractice lawsuit, although it is more likely than not that they will.

Hospitals are supposed to be a place that we can go for help - and the doctors who work there are supposed to be trained and ready to handle any emergency situations that arise.  Unfortunately, sometimes there is a failure to do so, and the results can be injury or even death.  Have you or someone you love been harmed by an emergency room physician?  Did you suffer an injury due to hospital staff’s neglect?  If you have, then you may be entitled to compensation for your damages.  It is in your best interest to contact a medical attorney right away to find out more.

Source: www.thisislondon.co.uk

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.

Dr. Thomas Laney of Seattle is being accused by the State Medical Agency of surgical malpractice for an alleged botched breast augmentation as well as liposuction on a teenage girl.  He is also being accused of unprofessional conduct because of the patient’s age.

The unnamed patient was just 15 years old at the time of the procedures, and sought treatment from the surgeon to reduce the large size of her breasts, which she claimed interfered with her athletic activities and caused her pain.  She also requested liposuction for weight loss purposes.

According to the lawsuit filed by the girl’s family, which has since been settled, the doctor didn’t perform the breast reduction properly, putting her nipples back in the wrong place and leaving her breasts with an “unnatural appearance”.

The Washington Medical Quality Assurance Commission is now getting involved, citing that the doctor did not have the proper education or training to perform the surgeries in question, and that he acted negligently by agreeing to perform liposuction on such a young patient.

Although there are no reports that the girl suffered any injury from the liposuction, it is a highly risky procedure which could have resulted in infection, tissue loss and even death.  Because of this, the Agency claims that Dr. Laney should have refused to perform the surgery and instead recommended a proper diet and exercise for weight loss.

This isn’t Laney’s first experience with medical malpractice accusations.  In fact, he has been sued at least 10 other times by patients or their families.  One such incident involved the death of a plastic surgery patient who ceased breathing while under anesthesia.

Amazingly, although he has been fined in the past, the medical board has yet to place any restrictions on Laney’s medical license, even given his track record.

He has requested a hearing in this particular case but no date has been scheduled yet.  In the meantime, he continues to practice medicine.

David Cohen, a veteran of war is suing a New York VA for medical malpractice for denying him the ability to receive a colonoscopy.

Cohen claims that his local VA refused to perform a colonoscopy on him on multiple occasions, and disregarding the fact that colon cancer runs in his family, which places him at a much higher risk of developing the disease.  Cohen’s grandmother and several other family members all had colon cancer, so he was attempting to take preventative measures for himself.

In August 2009, Cohen finally received the test he’d been trying to get all along only to find out that he was, in fact, suffering from colorectal cancer.  At that point, the disease was already in a stage four and he was given a prognosis of 26 months to live.  According to Cohen’s medical malpractice lawsuit, he is facing this situation because of the refusal of the tests he requested.

A soldier at heart, Cohen’s bravery is evident in his vow to beat his prognosis and live past the short time-frame he’s been given.  He also wants to remind people never to take no for an answer when it comes to medical care.  Heeding his advice may mean avoiding becoming a victim of medical malpractice.

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.

The husband of a 42 year old woman who died from blood clots following simple outpatient knee surgery has been awarded $6 million in damages for her wrongful death.

The victim was referred to an orthopedic surgeon by her primary care physician because she was experiencing pain in her left knee that was getting progressively worse.  After a quick exam, the surgeon gave her an injection to help with the pain and suggested she start physical therapy.

After continued pain, the victim went for a follow-up visit, at which point an MRI was ordered to determine if there was a possible tear in the cartilage.  The results of the MRI revealed a “cartilaginous loose body” behind her knee for which she underwent arthroscopic which lasted less than an hour.  She was sent home right after the procedure.

The next day, the victim’s daughter found her on the bathroom floor, diseased.  An autopsy revealed that the victim had developed deep venous thromboids where she had been operated on, and that these blood clots had traveled to her lung.  She died of a pulmonary embolism.

According to court documents, the surgeon who treated the victim ignored several key risk factors that would indicate the possibility of blood clots forming.  Among these were the patient’s weight, the fact that she had hypertension and that she was on birth control pills.

Because these warning signs were ignored, and because it was also proven that the doctor failed to observe proper post-surgery precautions we have a clear-cut case of medical negligence in her death.  The jury agreed.

Some cases, like this one, are relatively cut and dry, and somewhat easy to prove in court.  Others are much more complicated and therefore more challenging to be successful in litigation.  An experienced medical attorney can review your individual case and help you determine if your claim is worth pursuing, and what kind of chance you have at winning a lawsuit.

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 New York jury has awarded a $3.1 million to the estate of John T. Benigno, for the medical malpractice that caused his wrongful death.

In January 2002, Benigno went to the South Shore Heart Associates where he was treated by Dr. Stephen Horowitz for cardiac symptoms.  He already had a medical history of high cholesterol and heart disease ran in his family.  The doctor ordered a nuclear stress test, which produced negative results.

Benigno returned to the same facility in December 2003 complaining of the same symptoms and saw Dr. Horowitz again.  Rather than ordering a new nuclear stress test, however, Horowitz instead relied on the negative results of the previous test, which had been conducted nearly two years earlier.

Within six months of this visit, Benigno had a heart attack and died.  He was 40 years old and left behind a wife and two young children.

The medical attorney for Benigno’s estate alleged that had a repeat nuclear test been performed during his second visit to Dr. Horowitz, the occlusive artery disease which killed him would have been detected and Benigno would likely still be alive today.

The jury took just one day to deliberate after three weeks of testimony and ruled in favor of the plaintiffs, awarding $3.1 million to cover the damages suffered by Benigno’s widow and children, as well as loss of parental care and guidance.

If you suspect that a loved one may have died as a result of medical negligence, contact an experienced medical attorney to find out more.

Source:  www.prnewswire.com

71 year old Dr. Richard Klein knows a thing or two about practicing medicine.  He’s also honest enough to admit that there is a growing problem involving medical errors in this country.  In fact, he’s written a book about it, warning both patients and doctors about the risks of medical malpractice.

It’s titled “Surviving Your Doctors” and it’s being considered somewhat controversial among Klein’s colleagues.  The book addresses the staggering statistic that one in every 100,000 people die each year of medical malpractice and talks about ways that medical errors occur and how to avoid them.

Some of the leading causes of medical mistakes, according to Klein, involve doctors sticking with initial diagnoses that turn out to be wrong, ignoring other information and data, and, of course, the simple act of not paying attention.

Klein has had plenty of experience with medical malpractice, albeit on the other side of the spectrum.  He has served as an expert witness in numerous court cases involving negligence and the legal process involved in these kinds of lawsuits.

Not surprisingly, there are plenty of doctors who oppose Klein’s views.  Dr. Klein says, “Every time I mention it to my colleagues, they say ‘Don’t go there. Don’t mention it.’ They deny the numbers,” he says. “But something ought to be done about it. We’ve got to talk about it. It’s a pandemic.”

The book is scheduled to be released in December.  As consumers, and particularly as patients, we can never be too educated about our own safety, so you may want to add this one to your holiday ‘wish list’.

Academy Award nominated actor James Woods has filed a wrongful death lawsuit in the 2006 death of his brother.  The amount of damages he is seeking has not yet been reported, however it is known that he filed the suit on behalf of his nephew in order to “seek justice”.

According to the lawsuit, 49 year old Michael Woods went into cardiac arrest while on a hospital gurney at Kent County Hospital in Rhode Island.  The suit claims that Woods did not receive appropriate or timely care and subsequently died as a result.

This is certainly not the first medical malpractice lawsuit brought by a celebrity, and is yet another example that they are by no means immune to the risks associated with medical treatment.  You may recall recent reports about Dennis Quaid, Kanye West and Ed McMahon all having their own unfortunate experiences with negligent physicians.

Remember - medical malpractice does not discriminate - it can happen to anyone at any time.  If you or someone you love has been a victim of a doctor’s negligence, talk it over with a medical attorney today.