Posts Tagged ‘surgical error’

Surgical Malpractice Case Ends with $2.2 Million Verdict

Wednesday, September 16th, 2009

The widower of an Indiana woman who died from complications after a surgical pad was left inside her body was awarded a verdict of $2.2 million for her wrongful death.

The unnamed patient had a history of a fatty liver and was in need of a liver transplant at the time she underwent heart bypass surgery and a valve replacement.  Although the surgery was successful, a surgical pad was accidently left inside the patient when she was closed up.  It took nearly a month to discover the foreign object, at which point the pad had become adhered to her heart.
The patient then underwent further surgery to remove the pad which caused multiple perforations to her heart.  She suffered a slow death over the course of five long weeks, due to multiple organ failure.

Much debate in the surgical malpractice case surrounded the patient’s already failing health at the time of the surgical error.  She was only 68 years old, however her life expectancy was significantly decreased due to her liver disease, heart disease and other conditions from which she suffered.

In the end, the jury in the trial placed a value of $2.2 million on the woman’s wrongful death.  This amount will be reduced to $1.25 million, the state damages cap in Indiana.

$3 Million Damages Sought in Surgical Malpractice Case

Thursday, April 23rd, 2009

A jury in Georgia has begun deliberating over a case of surgical malpractice that has left a man paralized from the waist down.

According to evidence presented during the week-long trial, in February 2005 Randall Scroggs underwent a surgery in which Dr. Karl Schultz attempted to insert a spinal cord stimulator into his spine.  The lawsuit alleges that Dr. Shultz failed to follow proper procedure and rather than using diagnostic or MRI imaging to assist him during the surgery, he performed it “blindly”.

Among the claims, Scroggs’ medical attorney also accuses Dr. Schultz of inserting the stimulator without proper informed consent.  Scroggs was never informed of the alternative methods (diagnostic or MRI) and therefore claims that the surgery was performed without his legal consent.

A surgical error during the procedure resulted in Scroggs being paralyzed from the waist down.  He is seeking damages in the amount of $3 million.

This is yet another example of how life-altering spinal cord injuries can truly be.  When those injuries occur as a result of a surgical error, medical lawyers can help to ensure that the doctor responsible pays for his negligence.  If you or a loved one has been a victim of surgical malpractice, contact an attorney right away to discuss your rights.

Source: accessnorthga.com

Kentucky Couple Awarded $2.5 Million

Wednesday, March 18th, 2009

A jury in the medical malpractice case of Sophia Savage has reached a verdict and awarded Mrs. Savage and her husband Darrell $2.5 million in damages.

In 2001, Sophia had a hysterectomy at Three Rivers Medical Center, where she was also employed as a nurse.  It was during this surgery that the Savages claim something went terribly wrong.  Their lawsuit alleged that a surgical sponge was left inside Sophia’s abdomen when she was closed up after the procedure.

The sponge remained inside Savage until 2005 when an x-ray was performed on her following her continued complaints of pain.

Sophia was forced to undergo an additional surgery to remove the sponge, at which point doctors discovered that it had lodged in her lower intestines.  To remove the sponge, surgeons had to also remove a 49 centimeter long section of Savage’s small intestine.  This has left her with the lingering affects of diarrhea, abdominal pain, and constipation as well as depression and anxiety.

The settlement amount provides for $1.9 million for pain and suffering (past and future) and just under $66,000 for medical expenses Savage has incurred from the ordeal.  Her husband was awarded an additional $500,000 for loss of consortium.

Surgical errors like this happen all too frequently, and the negligent parties at fault must be held responsible, as in this case.  If you have suffered damages as a result of surgical malpractice, don’t hesitate to contact a medical lawyer.

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.

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