Posts Tagged ‘medical negligence’

Wrongful Death Lawsuit Brings in $6 Million

Tuesday, September 8th, 2009

A St. Louis couple sued and successfully won a verdict in the wrongful death lawsuit in another unfortunate case of failure to diagnose that resulted in the death of their baby son.

Dewayne and Suzanne Blankenship took their infant son Dylan to Cardinal Glennon Children’s Medical Center in June 2002.  They were concerned because the child was exhibiting the symptoms of fever, lethargy and difficulty breathing.

Little Dylan was sent home that night, but returned to the same medical center the very next day, by ambulance.  At that point he was admitted to the hospital and received emergency treatment but it was too late.  The bacterial infection he was suffering from, which had not been properly diagnosed during his first visit to Cardinal Glennon, caused his tragic death just six days later.

The wrongful death lawsuit was brought against St. Louis University because Cardinal Glennon is their affiliate.  The jury in the trial found that the staff at the medical center acted negligently and caused the untimely death of baby Dylan.

The Blankenships will receive over $6 million as compensation for their loss.

10 Million Awarded to Amputee Medical Malpractice Victim

Friday, July 10th, 2009

A Texas jury has ruled in favor of John German in his medical malpractice lawsuit, awarding him $10 million for his injuries, future medical care and pain and suffering.

Mr. German was admitted to Methodist Hospital to undergo heart surgery, during which he was given a dose of the drug Heparin.  He had an allergic reaction to the blood thinner and suffered what’s referred to as “Heparin Induced Thrombocytopenia”, or HIP.

HIP is a common complication in which the blood clots rather than thins, ultimately cutting off the blood flow to the patients extremities.  The result was devastating.  Doctors were forced to amputate his left leg below the mid-thigh, a portion of his right foot and several of his fingers.

German’s medical malpractice lawsuit against the hospital and doctors who treated him during his heart surgery claimed that he wasn’t properly monitored after he received the Heparin, and for the days following the surgery.  By the time the HIT was discovered, it was too late.

The award is likely the last one of its size for medical malpractice in Texas because the Torte Reform Law passed in September 2003 caps non-economic damages to $250,000.  German filed his lawsuit just prior to the law taking effect, allowing his award to exceed the damages cap.

Outcome not Good for Several Affected Veterans

Tuesday, April 21st, 2009

Several weeks ago a story broke regarding several VA hospitals discovered to have been using contaminated equipment on thousands of patients, potentially exposing them to a multitude of diseases and urging anyone who had undergone a colonoscopy at any of the three facilities in question be tested for possible infection.  In a blatant case of medical negligence, three of those veterans affected have now tested positive for HIV.

More than 10,000 patients who received colonoscopies at VA facilities in Augusta, Georgia, Murfreesboro, Tennessee, and Miami, Florida were potentially exposed to the bodily fluids of other patients when the endoscopic equipment used during the procedure was found not to have been sterilized properly in between uses.

In addition to the three vets who tested positive for HIV, there have also been a total of six who tested positive for hepatitis B and nineteen for hepatitis C.

Perhaps the most disturbing fact is that, according to a statement made by the VA, it is still unknown whether veterans treated at the 150 other facilities across the country may have also been exposed to unsanitary equipment before the nationwide safety training campaign was concluded in March.  The problems, which were uncovered in December during the campaign, date back more than five years.

It remains to be seen whether more veterans will be found to be infected with any of the above diseases as testing continues.

Wrongful Death Lawsuit Settled for $3M

Monday, April 20th, 2009

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.

Birth Injuries - What is Shoulder Dystocia?

Saturday, April 18th, 2009

Shoulder Dystocia occurs during childbirth, when the infant’s head is delivered but the shoulders require additional medical intervention to be properly extracted.  There are many different factors that contribute to this complication, and it can ultimately lead to birth injuries to both the infant and the mother if it is not handled properly.
There are several risk factors that make situations of shoulder dystocia more likely, and which physicians must be aware and watchful of at all times.  These include maternal factors such as:

Diabetes
Abnormal pelvic anatomy
Short stature
Small birth canal
Previous shoulder dystocia complications

Additionally, fetal macrosomia (large birth size) can indicate the possible risk of shoulder dysocia and should be monitored closely up to and during the birth of the child.

Shoulder dystocia can be prevented if the doctor properly manages the mother’s labor and is able to perform the appropriate skilled maneuvers during the birth, if necessary, to dislodge the shoulder safely.  Risk factors can be discovered during the pregnancy and monitored via the use of ultrasound.

If shoulder dystocia is discovered during the birth process, the physician must impliment appropriate intervention techniques to reduce the risk of fetal and maternal injury such as episiotomy, maternal repositioning, application of suprapubic pressure and rotation of the baby.
Should shoulder dystocia occur, the injuries to the mother can involve bruising, tearing, hemorrhaging or uterine rupture.  The risks to the baby include loss of oxygen, clavical fracture, brachial plexus palsy and possible death.

If you or your baby suffered injuries due to undetected or improperly managed shoulder dystocia you may be eligible to seek compensation for your damages.  A medical attorney experienced in birth injuries can help.

Family of Deceased Breast Cancer Victim Receives Malpractice Settlement

Thursday, April 16th, 2009

A jury in Virginia has awarded what is believed to be the state’s largest medical malpractice recovery, $7.5 million, to the surviving family of Eleanor Browder who died as a result of a misdiagnosis of breast cancer in the form of a delayed diagnosis.
In March 2003 Browder went to see Dr. Donna Gamache after she found a notable lump in her right breast.  Nurse Practitioner Mary Nichols ordered a mammogram which came back with negative results.
The results of the mammogram were delivered to Dr. Gamache, at which point she examined them and wrote “Need chart” at the top.  Neither the nurse nor the doctor ever retrieved said chart, nor were any further tests ordered as a follow up to the mammogram to determine exactly what was causing Mrs. Browder’s lump.

By the time Browder returned to Dr. Gamache in October, the lump in her right breast had grown to the size of a lemon.  It was then that an ultrasound and a biopsy were ordered and the cancer was finally diagnosed.  But by then it was too late.  The cancer was at a stage IV, and incurable.  Sadly, Mrs. Browder passed away last April, before her complaint made it to trial.  Her husband and two adult children continued the case following her death.

The medical attorney for the Browder family argued that had the cancer been properly diagnosed seven months earlier, when the original mammogram was performed, Browder’s survival rate would have been greatly increased.

The jury allocated $212,000 of the award to medical expenses, $785,000 for economic loss and $6.5 million to Mrs. Browder’s widower, Paul, for “solace”.  Unfortunately, the damages will be reduced to $1.65 million, the state-mandated medical malpractice cap.

A delayed diagnosis of cancer can mean the difference between a full recovery and certain death.  If you or a loved one has suffered further losses due to a missed or delayed cancer diagnosis, or you have lost a family member as a result of this type of medical negligence, please don’t hesitate to discuss your situation with an experienced medical lawyer.

Source:   Fredericksburg.com

New York Medical Misconduct Board Revokes Anesthesiologist’s License

Tuesday, April 7th, 2009

Dr. Brian Godweber has lost the ability to practice medicine in the state of New York.  The decision came last week after the State Department of Health determined that he was guilty of medical negligence after he violated the proper practices to control infection when anesthetizing patients.

According to State Health Commissioner Dr. Richard Daines, Godweber reused syringes while injecting patients with anesthetics.  Daines is quoted as saying that Godweber’s behavior was an “inappropriate and unacceptable practice that could have led to the spread of bloodborne diseases, including hepatitis B, hepatitis C and HIV”.

On March 24, the Board found Dr. Goldweber guilty of gross negligence, negligence on more than one occasion, gross incompetence, incompetence on more than one occasion, and failure to comply with provisions governing the practice of medicine.

Source: www.empirestatenews.net

Amputee Granted New Trial

Tuesday, March 3rd, 2009

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.

Surgical Malpractice Suit Filed in Death of Teenager

Saturday, February 21st, 2009

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.

Florida Hospital Under Fire for Infection-Related Deaths

Sunday, February 8th, 2009

Medical attorneys for three separate families have filed wrongful death lawsuits against Tampa based St. Joseph’s Hospital, citing that their children died as a result of contracting a fungal infection while undergoing treatment at the facility.

The suit claims that the three children, ages 2, 5 and 9, were all battling leukemia at the hospital when they were negligently exposed to dust that contained pathogenic fungi. Their weakened immune systems were unable to fight the irreversible infections which led to their deaths.

One medical attorney was quoted as saying that the because of the infection, “these children then were forced to engage in yet another battle”, in addition to their battle with cancer.

According to the claims, the children became exposed to the fungi because their rooms were located above an area of the hospital which was undergoing construction work. The theory is that the dust containing the dangerous fungi was carried into the rooms through the air conditioning system, and the children then inhaled the airborne enemy.

Patients were also exposed when they were occasionally transported directly through construction areas en route to other areas of the hospital.

The hospital denies any wrongdoing.

This is just one example of how hospital infections can have devastating results, the very worst of which is death. If you or someone you love has suffered from a hospital related infection, speak with a medical attorney right away to discuss your rights.

Source: FoxNews.com

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