We frequently hear of celebrities and even every day people receiving botox treatments in hopes of turning back the clock and reducing the appearance of wrinkles.  But there are other, lesser known reasons that botox may be administered, as in the case of Missouri man Richard Hart who was prescribed the highly toxic drug as a treatment for another condition and is now suing for medical malpractice.

The plaintiff suffers from a condition called torticollis, which causes the chin to rise and the head to tilt to one side.  He sought treatment with a physician who prescribed and administered injections of botox, a drug which is controversial and highly toxic, to combat his condition.

Hart’s medical malpractice lawsuit alleges that the doctor gave him excessive doses which caused him to suffer side effects, including difficulty swallowing, loss of a gag reflex and blurred vision.  He claims his symptoms will require ongoing medical treatments and monitoring as a result.

The FDA now requires that all botox treatments contain a warning to consumers about the possible severe side effects and has completely disapproved of the use of such drugs for the treatment of muscle spasticity.  These warnings were not, however, in place at the time of Hart’s treatments.

Hart is suing the maker of Botox, Allergan USA Inc., Tenet Health Systems SL Inc., and the doctor who gave him the injections.  It is not clear how much he is seeking for damages.

A Virginian doctor is in hot water over a dangerous case of medical malpractice in which he pled guilty of writing prescriptions to people over the internet that he never met nor examined.

Dr. Torrino Jennings received a year and one day in prison for issuing an estimated 100,000 invalid prescriptions of the muscle relaxant SOMA and other drugs to complete strangers over the internet between 2004 and 2007.  Jennings was paid between $5-$7 for each prescription and, according to court documents, “virtually no request for drugs submitted by the online pharmacies to Jennings for endorsement was ever rejected”.

The Judge went easy on Jennings who faced a maximum sentence of 27 years and nearly $2 million in fines.

This case is a reminder that even those doctors who appear to be reputable can be hiding a dirty secret.  It’s perfectly conceivable that any one of the people that Jennings wrote phony prescriptions for could have had a dangerous reaction that placed their life in danger.

A Kansas medical lawyer and his client, who sued for medical malpractice when a surgeon removed the wrong ovary in error, are fighting back against the medical damages cap law in their state, arguing that it’s unconstitutional.

A jury awarded the victim, Amy Miller, a total amount of $759,680 to be divvied up as follows:

• $250,000 for noneconomic losses
• $150,000 for future noneconomic losses
• $84680 for medical expenses
• $100,000 for future medical expenses
• $175,000 for loss of services as a spouse

Given the high cost of medical care, and the severity of the medical error, it would appear to most people that this verdict was more than fair.  In fact, it is quite small in comparison to some medical malpractice awards that reach into the multi-million dollar range.

Because of Kansas law, however, which states that non-economic damages cannot exceed $250,000, the judge overseeing the case reduced the verdict to remove the $150,000 set aside for future non-economic damages and the $100,000 for future medical expenses.

Miller and her medical attorney are not taking this sitting down.  They have filed an appeal and will have an opportunity to argue their case in front of the Kansas Supreme Court.

What they are fighting for is the rights of victims who have already lost so much at the hands of a negligent medical professional.  Damage caps only serve to hurt those who need relief the most, as in this case.

The results of this battle will be relayed when the case is concluded.

The family of a Florida woman who died during childbirth was awarded a verdict of $4 million in her wrongful death lawsuit.

The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth.  Jackson died a mere 16 hours after her son was born.

According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.

Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory.  The settlement is to be divided between Jackson’s son and her widow.

Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer.  This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case.  This is why it’s critical to have an experienced medical attorney on your side.

73 year old Robert Erlandson is suing Vermont’s largest hospital for medical malpractice after he underwent knee replacement surgery only to be left with nerve damage and crippling pain.

Erlandson’s case is somewhat unique in that he himself was a highly respected doctor for nearly 40 years.

Given that fact, he knows a thing or two about the high standard of care that those in the medical profession must deliver.  And, sadly, he was not provided with the same type of care that he gave to his patients for so many years.

Erlandson claims that during his double-knee replacement surgery a tourniquet was misapplied causing massive nerve damage to his lower left leg.  The formerly healthy, active retiree is now forced to wear braces on his leg and cannot walk without the use of a cane.

The hospital, Fletcher-Allen, is denying any malpractice, insisting that any nerve damage suffered by Dr. Erlandson was part of the risks associated with that type of surgery.

The odds are stacked against Dr. Erlandson.   According to his medical attorney, Vermont is one of the most conservative states when it comes to medical malpractice verdicts; however this is not deterring the victim from seeking justice.  It will be interesting to see if his turns out to be one of the success stories.
The amount of damages being sought has not been released.

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.

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

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 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.