One of the fastest growing elective surgeries in the United States is weight-loss surgery, name gastric bypass surgery.  Typically, those who are obese and have not had success losing weight on their own elect to have the procedure in hopes of reducing their body fat and living a healthier life.  But, as with any surgery, the benefits come with a risk.  Done properly, the results can be nothing short of life-changing, but when performed incorrectly, the patient can face permanent injury or even death.

As with any surgery, particularly elective procedures, there is always a risk to the patient.  The most common complication involving gastric bypass surgery is stomach fluid leakage or bleeding into the peritoneum (abdominal cavity).  This leakage is known as peritonitis and must be diagnosed and treated promptly, otherwise the patient can suffer organ damage, infection and death.

Medical malpractice comes into play when a surgeon punctures the area of the surgery causing the leak, or when the peritonitis goes undiagnosed during follow up treatment.  Patients who suffer from peritonitis and survive may face multiple surgeries to correct the problem putting them at further risk of injury, as well as pain and suffering.

Not every gastric bypass complication constitutes medical malpractice, however.  The most important thing to do when you think you’ve been a victim of negligence is to contact an experienced medical lawyer.  The details of your specific situation will help determine if gastric bypass malpractice did occur and whether or not a lawsuit is warranted.

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.

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.

An Arkansas doctor who is being sued for the wrongful death of a successful advertising agency owner is denying any responsibility in the man’s death and placing the blame back on the patient claiming he ignored medical advice and neglected to seek follow-up treatment.

Dr. Stephen Hennigan, among others, is being named in the lawsuit claiming that he failed to address patient Gregg Ogden’s repeated complaints of constipation just prior to his death two years ago.  The suit claims that rather than investigating the pain and symptoms that Ogden was experiencing, the doctor merely treated him for chronic constipation.

What Ogden really had was a perforated bowel.  The perforation was repaired soon after it was discovered, but by that time the resulting leakage caused sepsis.  This deadly infection ultimately caused Ogden’s organs to shut down, and he suffered renal and respiratory failure.  He died just a few days later.

Dr. Hennigan, who denies being Ogden’s primary care physician, claims that the patient died not as a result of medical negligence, but because he repeatedly refused follow-up treatment and did not take his medication regularly.

Ultimately it will be up to a jury to decide.

Ogden’s estate is suing for an undisclosed amount for his wrongful death.

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 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’.

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.

The family of a New York man who suffered a heart attack while waiting to be seen at the Maimonides Medical Center is suing for hospital malpractice and medical negligence.

Jacob Goldbrunner began experiencing chest pains and was taken to the hospital in July 2008 to undergo a procedure to assess and treat his heart disease called a cardiac catheterization.  While waiting to be seen, Goldbrunner’s family states that it became increasingly obvious that there were serious concerns with the medical facility and its staff.

Initially, the key to the lab could not be located.  The staff then had problems locating an anesthesiologist to prepare Mr. Goldbrunner for the test.  Perhaps most alarming is the family’s testimony that one staff member wasn’t even able to tell them where the lab was located within the hospital.

While waiting, Goldbrunner’s condition worsened yet nobody on staff was able to attend to him.  The Goldbrunners waited for five hours with no medical attention.  Goldbrunner then suffered a heart attack right in front of doctors and medical staff.

The family was even more dismayed when they were finally escorted to the lab area only to find out that the key had still not been located so the testing could not be done.  It is these delays and lack of care that the family claims ultimately caused Goldbrunner’s death.

As if the neglect and lack of medical attention weren’t enough, according to records, the medical staff finally attempted to treat Goldbrunner’s failing heart by inserting a tube meant to deliver oxygen to his heart and lungs.  The tube, which was supposed to be placed in the patient’s lung, was inserted into his stomach in error.

The situation turned tragic when Mr. Goldbrunner was sent to a different medical facility to undergo a critically needed heart transplant.  He arrived via ambulance, only to find out that the heart he’d been told would be waiting for him was not available.

Goldbrunner died two weeks later at the age of 52.

The family is currently awaiting a court date for their medical malpractice lawsuit.  Further information will be relayed once it becomes available.

In a rather shocking case of medical negligence, a Florida dentist is being sued for malpractice after he dropped not one, but two dental instruments down an elderly patient’s throat.  It is alleged that these egregious errors ultimately contributed to the man’s death.
90 year old Charles Gaal was treated by Dr. Wesley Meyers in October 2006 to receive implants meant to secure his dentures.  During the procedure, the dentist dropped a medical screwdriver down the man’s throat.  Gaal was then forced to undergo a colonoscopy to remove the foreign object from his large intestine.
In May 2007 Gaal again consulted with Dr. Meyers for the same procedure.  Shockingly, this time a torque wrench was accidently dropped down the patient’s throat.
Following the second incident, Gaal underwent surgery in an attempt to remove the tool, which by that time had already aspirated into his left lung.  After nearly two months in the hospital following the surgery, Gaal died of complications.
Gaal’s daughter, Anne Greer, is suing Dr. Meyers for his egregious acts of medical negligence.  Additionally, the Florida Department of Health has filed a complaint against the dentist, citing him for failing to provide his patient with the appropriate standard of care, failure to report the incident and negligent recordkeeping and fining him $17,000.  He is currently not allowed to perform implants pending further training, but he continues to practice general dentistry.
Dental malpractice may not be as common as other forms of medical malpractice; however, as evidenced in this story, the results can be just as dire.  The most frequently reported types of dental malpractice typically involve:

• Surgical errors
• Failure to diagnose disease (such as oral cancer)
• Use of defective oral devices
• Use of faulty dental equipment
• Failure to properly consider a patient’s medical history prior to performing a procedure
• Complications from anesthesia
• Tooth extraction errors

If you have been harmed as a result of a negligent dental professional, call or visit with a medical attorney to find out what your legal rights may be.