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.

According to recent reports, a man living in New Jersey recently filed a lawsuit claiming he suffered life-altering injuries after having surgery. The man, 44, has been left permanently disabled from his injuries, which he and his caretakers insist was due to a mistake involving anesthesia.
The case claimed medical negligence against the medical center where the man was operated on and named his surgeon as a defendant as well. A settlement has reportedly been reached and the man has been awarded $2, 700,000.
Lawsuit Details
The plaintiff in the case, whose name has not been publicized, was admitted for a surgical repair of his Achilles tendon. While under anesthesia, the man’s anesthesiologist reportedly failed to respond to a change in vital signs over the course of several minutes. The patient’s oxygen saturation level was recorded as having decreased from 99% to 59% within this time. As a result, the man went into respiratory arrest and suffered a great deal of brain damage.
The man’s attorneys argued that due to this brain damage, which was negligently caused, he has been left with only short-term memory and has little communication skills. The man is also unable to take on full-time employment due to his injuries and was forced to quit his job working as a CFO health care system.
Defendants Attempt to Fight Back
The defendant anesthesiologist and the medical center argued against the plaintiff claiming they monitored him properly. They even blamed the patient claiming that his injuries were likely due to the “motion artifact” which occurred during the procedure because his hand was moving.
The settlement reached included a waiver of an $800,000 lien for medical expenses and $1.9 million in cash paid by the anesthesiologist’s insurance carrier.

In 1999, 12 year old Andrew Muno was undergoing surgery on his arm to repair a torn tendon when something went terribly wrong, resulting in his death.  In a clear case of medical negligence, the boy was given an antibiotic that he was allergic to, causing him to have breathing issues and leading to his death.

After a long, drawn out court battle the family won their case in 2006 and was awarded a wrongful death settlement of $7.5 million.

They wouldn’t see any of that money for a while, though, because the anesthesiologist in question, Dr. Dale Gordon, appealed the verdict twice; first to the Appellate Court and then to the state Supreme Court.

The appeals were finally put to rest a few weeks ago when Judge Raymond McKoski ruled that the original verdict be upheld, and awarded the family additional interest, bringing their total settlement amount to $9 million.

The family’s attorney has been quoted as saying, “After nine years of waiting for justice to be rendered for the death of their son, the Muno family is relieved to finally have closure of this horrible chapter in their lives.”

Source: www.suburbanchicagonews.com

Thousands of babies are diagnosed with cerebral palsy each year in the United States, and the majority of those are due to unknown causes. However, some may be due to an obstetrical error. So the question arises for parents, how do I know if my child’s condition was preventable? How do I know when or if I should contact a cerebral palsy lawyer?

The truth is that it takes experienced medical and legal knowledge to evaluate the circumstances of a child’s birth and determine if negligence was a factor. And until the case is evaluated, the best any parent can do is ask him/herself if there were any red flags present during the child’s birth.

Questions To Consider:

• Was the pregnancy considered high-risk? For instance, did the mother have hypertension, severe preeclampsia, diabetes, infection or other health problem? Was it a multiple birth pregnancy?
• If so, was there regular screening for complications? Were maternal problems recognized/diagnosed in a timely manner
• Did doctors and nurses respond in a timely manner to any pregnancy problems you reported?
• Were there changes in fetal progress prior to or during delivery?
• Was a caesarean section necessary and, if so, was it performed in a timely manner?
• Did the child suffer lack of oxygen during birth?
• Did the child suffer severe jaundice after birth that was not treated promptly?
• Was excessive force used during the delivery? For example, were forceps or vacuum extraction used?
• Was there physician supervision of nurses, midwives and other hospital staff attending to the mother and child?

Depending on your answers to these questions (any red flags you noticed during delivery), you may want to consider further investigation into your child’s cerebral palsy.

Antonio Richardso, a 45 year old rancher from Wahiawa, Hawaii, won a hefty settlement in his medical malpractice case against his doctor, Arnold Seid.

In 2001 Richardson went to Seid following a health insurance medical test that showed signs of kidney disease.  The physician disregarded the tests results, and instead treated Richardson for high blood pressure.

Eventually, Richardson was referred to a specialist, but it was already too late.  His kidneys were dead.

According to expert testimony, had Richardson been referred to the specialist in 2001, when he first sought treatment with Reid, his kidney problems could have been delayed or possibly even prevented.

Attorneys for Richardson noted during the trial that their client suffered not only physical damages, but his business also failed as a result of Dr. Reid’s negligence.

The plaintiff was awarded a total settlement in the amount of $6.1 million; $4.1 million in special damages, and the remaining $2 million in general damages.

It’s another victory in a clear case of medical malpractice.

Source:  Star Bulletin

What is wrongful death?  To put it simply, it is when someone dies as a result of another person’s negligence.  These types of cases are usually brought as civil cases, rather than criminal, and most often by the family of the victim.  There are certain elements that must be proven in order for a wrongful death claim to be successful.

• The death was the result of the defendant’s actions
• The defendant is at fault for the death
• The death caused a financial loss
• There is at least one person that is able to collect damages on behalf of the deceased

Not everyone can sue for wrongful death.

It is important to know that not everyone is entitled to sue for wrongful death.  Typically each state has statutes which determine who is eligible to file a wrongful death lawsuit.  For the most part, the decedent’s next of kin or surviving spouse is allowed to file suit.  Additionally, children may sue on behalf of their deceased parents and vice versa.  The statutes in each state should be checked prior to filing suit, however, to be sure.

Know the limitations.

Some states impose limitations on the amount of damages that can be collected in a wrongful death suit.  It ultimately depends on in which state the lawsuit is being filed.

The best way to determine if you are entitled to sue for the wrongful death of a loved one is to meet with an medical attorney that specializes in that particular field.  He or she will be able to explain the laws and what your options are, and represent you should your case go to trial.

Each year millions of people who suffer from poor or compromised vision choose to go the route of having Lasik eye surgery to correct their eyesight.  Unfortunately, the surgery doesn’t always go as planned and mistakes are made, often with devastating results.  Medical negligence during Lasik surgery can result in worsening vision and even blindness.

Lasik surgery is a relatively new procedure in which an eye doctor that has been specially trained makes a tiny incision in the cornea of the eye and then uses a laser to correct the patient’s myopic vision, or nearsightedness.  It is a delicate procedure and there are presently only fifteen types of lasers that are approved by the FDA for such surgery.

If the wrong type of laser is used, or if the right type falls into the hands of an improperly trained eye doctor, the results can be devastating.

Victims of faulty Lasik eye surgery can develop symptoms such as double vision, halos and glares, or severe dry eyes.  In extreme cases, patients have completely lost their vision.

Lasik surgery is a serious medical procedure and it is not for everyone.  Patients seeking this type of procedure should do their homework and research qualified medical professionals before they choose one, to be sure that they are properly qualified to perform the surgery.

If you have had negative results from a faulty Lasik surgery at the hands of a negligent eye doctor and are suffering from the side effects it has caused, you should sit down with a medical lawyer right away to discuss your rights.

For some basic facts and tips about Lasik surgery, visit the Federal Trade Commission website.

A Pennsylvania jury returned a guilty verdict last week in a medical malpractice case brought against Dr. Richard Behlke and Community Medical Center.

Laura and Daniel White sued the medical professionals after the 2001 birth of their son, during which they allege that medical negligence of both the doctor and the staff of the medical center resulted in their child’s severe brain damage.

On June 30, 2001, Dr. Behlke, who was not her primary obstetrician, instructed Mrs. White to go to the Community Medical Center after she placed a call indicating that she felt that something was wrong with her unborn child.  Although fetal monitors indicated that the baby was in distress, it took Dr. Behlke over two hours to arrive at the Center.

The baby was receiving very little oxygen during this time.

Upon arrival, Dr. Behlke elected to induce labor, which further complicated the situation.  Baby boy Cody was eventually delivered by Cesarean-section, but it was too late.

Cody now suffers from cerebral palsy, is almost completely blind, has lost the use of his hands and is mentally retarded.  According to the Whites, he functions at the level of a child who is 6-9 months old.  He is seven years old.

After deliberating for only four hours, the jury in the case attributed 60 percent of the negligence to Dr. Behlke and the other 40 percent to the medical center.  They further broke down the damages to provide $2 million to the Whites for health care expenses, and the other $18.5 million to Cody upon his 18th birthday, based on his pain and suffering, medical expenses and lost earning capacity.

The award is the largest in recent Pennsylvania history.

Source: The Scranton Times

On Friday, an Idaho jury awarded $3.25 million to a 4-year-old boy who suffered brain injury during birth and now lives with cerebral palsy. His mother, a former inmate at Pocatello Women’s Correctional Center, was also awarded damages in the amount of $375,000.

Complaints Ignored
Jamie Lysager was about seven months pregnant when she began to complain of severe abdominal pain. Lysager was checked by a nurse at the prison infirmary, where she remained for the next 11 hours despite her complaints.

It turned out that Lysager was in preterm labor. At the urging of prison guards, the nurse finally checked on her again. This time the nurse had Lysager sent to the hospital, but in a prison van rather than an ambulance.

Birth on Cold Concrete
In a wheelchair on her way to the van, Lysager gave birth to son Taylor. He was born onto a cold concrete ramp. Prison guards took the mother and infant back inside where they remained until an ambulance came. During this time, Taylor was not getting sufficient oxygen to his brain

At about two years of age, Taylor was diagnosed with Periventricular Leukomalacia (PVL), a permanent type of brain injury common in premature babies. It is caused by oxygen deprivation and/or poor blood circulation and is often a precursor to cerebral palsy.

Medical Negligence
Lysager filed her lawsuit against Prison Health Services, the group that previously administered medical services for the state’s Department of Corrections, and two of its employees. The lawsuit claimed medical negligence, among other things.

Medical negligence often has dire consequences that aren’t always immediately apparent. However, as soon as medical negligence is suspected, it’s wise to seek the advice of an attorney who can determine what, if any, legal action can be taken.

Dr. Kevin Buckwalter, a Nevada physician, was stripped of his license to prescribe controlled substances last week by the medical board following investigations and subsequent findings of gross medical negligence on the doctor’s part.

Buckwalter, who has been practicing in Nevada since 1997, has been accused of prescribing “excessive” doses of narcotics, in many cases with no medical exam and with little or no knowledge or review of the patient’s medical history.

In particular, there are four cases under review, in which the patients either died or overdosed on the medications prescribed by Buckwalter.

An extensive examination of Buckwalter’s records show gross negligence because in many cases he conducted “essentially no physical exam” of his patients before prescribing controlled substances for them, and that his records were “vague, haphazard and illegible”.

Some people who worked with the doctor in the past spoke of how he often knowingly prescribed narcotics to patients that had drug addictions, of which he was aware.  One of these patients, Staci Voyda, was addicted to OxyContin.  Buckwalter prescribed 310 oxycodone pills for her within an 11 day period.  Two weeks following this, Voyda committed suicide.  Her family believes that this is a direct result of having so many drugs in her system which were legally prescribed by Dr. Buckwalter.

69 year old Barbara Baile, another unfortunate victim of Buckwalter, was prescribed excessive amounts of narcotics, of which she eventually died from their side effects.

The medical board is still investigating the Buckwalter cases, and thoroughly examining all of his records.  At this point he has been charged with one count each of malpractice, failure to maintain adequate and complete medical records and writing prescriptions for controlled substances in an illegal manner.  If found guilty, he faces the loss of his license to practice medicine as well as possible criminal charges.

For the families of his victims, however, this is little relief.