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

Lisa Strong, the Florida woman who lost her arms and legs in 2004 due to medical negligence, has been granted a new trial against the South Broward Hospital, the facility where the error occurred.

According to her original medical negligence case, she went to the hospital with kidney stones which unfortunately went misdiagnosed.  She eventually developed complications that interfered to the blood flow to her limbs, leading to the mandatory amputation of both of her forearms and both lower legs.  Her claim is that had her condition been detected and treated promptly, she would still be intact.

The jury in the first trial ruled in favor of the hospital, finding them not at fault for malpractice.  However, she has been successful in appealing the claim and has now been granted a new trial.

The results of the new hearing will be reported here as soon as it concludes.

A surgical malpractice lawsuit has been filed against the doctor who performed brain surgery on a 16 year old Russian boy in 2006 that resulted in the boy’s death.  The family claims that the surgeon, who performed the risky procedure free of charge did so for his own publicity, disregarding the safety of his patient.

Dr. Paul Francel of Oklahoma City offered to operate on young David Kurbanov after Russian physicians discovered a tumor on the boy’s brain stem.  The tumor was allegedly causing Kurbanov to have difficulty with balance, appetite and swallowing.

The family alleges that due to the doctor Francel’s desire to receive media coverage and self promotion, he acted below the medical standard of care, and that through his medical negligence the boy slipped into a coma following the surgery and was declared brain dead shortly thereafter.  Less than a year later, he died at the tender age of 16.

As tragic as this story is, perhaps even more alarming is the fact that this isn’t the first claim of medical malpractice that has been brought against Dr. Francel.  In fact, there are currently 12 cases pending, since June 2007.  Not surprisingly, he has agreed to discontinue practicing medicine while the investigations into his past are conducted.

Surgical malpractice is possibly one of the most devastating types of medical negligence, because of the delicate and risky nature of the practice.  This story is just one of many that occur every day in this country, leaving behind shattered lives and broken families.  If you or someone you love has been a victim of any type of surgical error, you should speak with an experienced medical attorney right away.

You’ve been injured.  You feel wronged and angry, and blame your doctor or nurse for your pain and suffering.  You spoke with a medical lawyer, or perhaps a few of them.  And not one of them agreed to take on your case and represent you.  Why?

There are many reasons why a medical lawyer might refuse a case.  First of all, not every medical mistake constitutes malpractice.  Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases.  If certain elements don’t exist, they likely won’t take your case.

So what things do medical lawyers look for when deciding whether to represent a client?

Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient?  This question is most often answered ‘yes’ however there is more to the story than just duty.

Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf.  Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care.  Unless there is a good chance that this can be clearly proven, you don’t have a case.

Was there injury?  If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case.  You certainly can’t seek compensation for injuries you cannot prove.

Medical malpractice is by no means a black and white scenario, and every case is unique.  But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim.  If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down.  If you’ve found yourself unable to find legal representation, by all means get a second opinion.  But don’t be upset if you are told you simply do not have a case.  Often it will save you time and anguish in the long run.

Being a victim of medical malpractice can be devastating.  You’ve surely got a lot on your mind, including dealing with the aftermath of the injury you’ve suffered and finding a qualified medical lawyer to represent your case.  With so much going on, and with so many attorneys to pick from, how do you know you’re choosing the right one?  Here are a few tips and suggestions to help you select the medical lawyer that’s right for you.

Do you feel comfortable with him? Working with an attorney means you will have to be completely open and honest about the details of your case and your medical history.  If you don’t feel comfortable with someone, this will be difficult and may negatively affect your case.

Will she be able to devote the appropriate amount of time and attention to your claim? It’s good to have a lawyer who has a lot of experience, but you want to be sure you don’t pick one that has too much on their plate at one time, because they may not be able to focus on your situation as much as you’d like.

Is he going to be the one who works on your case? A lot of attorneys have understudies and other partners that they delegate some of their work to.  Be sure you know ahead of time if the person you initially meet with is going to be the same one to represent you to the end.

What is her approach? There are a lot of medical lawyers out there, and each one has their own style and approach to handling their cases.  Be sure you know the style of the one you choose, and are comfortable with it, so there are no surprises along the way.

What is the fee? Victims of malpractice are often left strapped for cash, as they have already incurred tremendous medical expenses as a result of their injuries.  It’s important to know ahead of time if your attorney requires an upfront retainer prior to starting litigation.  Know that many medical lawyers will not collect their fee unless and until you win your claim.  If you are not in the position to pay anything upfront, this is the way you should go.

Of course, you will probably have a long list of your own questions that you want to ask a potential medical lawyer, but the ones above are very important, so don’t forget to include them when you have your initial consultation.

Being a victim of medical malpractice is never a choice to the patient.  It’s good to know that at least selecting a qualified medical lawyer is.

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.

A mother of two boys with Erb’s palsy is suing New York City Health and Hospitals Corporation for medical negligence and malpractice. Erb’s palsy is a type of nerve injury that results in partial, sometimes permanent, paralysis of the arm or hand. It is almost always due to injury during birth.

The two boys were born one year apart in 2006 and 2007, but both were delivered at Queens Hospital Center. Their mother claims that “excessive force was used to deliver the babies,” and that this excessive force caused the Erb’s palsy.

In a lawsuit over filed for her second son, the woman claims that the doctors failed to properly handle her prenatal care and to perform a Caesarean section to prevent injury. The deadline for filing a lawsuit over her first son’s injury has passed, but she has asked a judge to extend the deadline.

A Note on Legal Deadlines
All medical malpractice cases are subject to such deadlines, which usually range from one to three years, depending on the state in which the lawsuit is filed. It is crucial for individuals who are considering filing a case to make sure they are within the statute of limitations, the term used to describe legal deadlines, otherwise they may end up forfeiting their right to seek damages.

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.

Most people were horrified to hear about the terrible case of hospital malpractice that happened to actor Dennis Quaid and his wife Kimberly when they were at Cedars-Siani Medical Center for the birth of their children in 2007.  And on some levels, it was shocking to see how these types of tragic cases really can happen to anybody, even famous people.

The Quaid family filed a lawsuit against the hospital based on the fact that in November 2007 their newborn twins, Thomas Boone and Zoe Grace, were accidentally given a near-fatal dose of the blood thinner Heparin.  The infants spent weeks fighting for their lives after the disastrous mistake.  Thankfully they survived and are now said to be in good health.

After much negotiation between the parties, the Quaids decided to settle in the amount of $750,000.

Additionally, the California Department of Public Health has fined Cedars-Sinai $25,000 for the error.

In a separate lawsuit, the Quaids are suing the makers of Heparin, Baxter Healthcare Corp., for negligence due to the fact that the vials used for adult doses are similar to pediatric doses, making errors more likely to occur.

In many cases, such as this, hospital malpractice can nearly cost someone their life.  It must be taken seriously and dealt with severely.  Talk with a medical attorney if you think you or a loved one may have been a victim of hospital malpractice to find out what your rights are.