Posts Tagged ‘surgical malpractice lawsuit’

Wrong Kidney Removed in Surgical Malpractice Case

Saturday, January 16th, 2010

In a shocking case of surgical malpractice, a doctor at a Riverside California hospital removed a patient’s only healthy kidney.  The man is now left with no kidneys after the diseased one was removed following discovery of the error.

A multitude of errors led up to the final grave mistake, including failure to follow safety protocol, failure to properly communicate with the patient, who speaks Spanish, and forcing the patient to sign a consent form essentially granting them permission to remove the wrong kidney.

Perhaps of most concern, though, is the fact that the doctor who performed the botched surgery did not even have privileges at that hospital to remove either kidney.

Once the medical error was discovered, the hospital then removed the patient’s diseased kidney, leaving him with no functioning kidneys.

Not surprisingly the California Department of Public Health has gotten involved and is actively investigating the incident.  If the hospital is penalized, it may face fines of up to $225,000.

Additionally, it’s pretty certain that there will be a surgical malpractice lawsuit forthcoming, although none has been reportedly filed as of yet.  But certainly the doctors involved in this tragic error should be held accountable for their gross negligence.

Surgical Malpractice Results in $285,000 Verdict

Sunday, January 3rd, 2010

The verdict is in in the non-jury surgical malpractice lawsuit filed by 56 year old Kathleen Garrett, who claimed orthopedic surgeon Dr. Joseph “Asa” Bennett was negligent when he severed a nerve in her arm during elbow surgery.  She was awarded $285,000, a little more than half of the $500,000 she requested.

Garrett’s injury originated back in 1990 after a fall from a horse, and the damage to her joint got progressively worse over the years.  In 2005 she consulted with Dr. Bennett who recommended removal of bone fragments.

The surgery was performed with an arthroscopic lens and lasted nearly three hours.  According to court documents, however, inflamed tissue in the joint prevented Dr. Bennett from getting a clear view.  This, according to an expert witness for the plaintiff, is where the medical negligence came into play.

Dr. Edward Season testified that in his opinion, Dr. Bennett should have switched from arthroscopic surgery to open surgery no later than an hour into the procedure because of the inability to properly view the joint.  Unfortunately, that wasn’t the case and Dr. Bennett mistakenly cut Garrett’s radial nerve.

As a result of the medical error, Garrett has lost movement in her left wrist and hand.  It has affected her ability to work and she claims emotional damage as well.  Dr. Bennett admitted to severing the nerve, but claimed it was not negligence.  The judge overseeing the trial disagreed and ruled in favor of the plaintiff.

The hospital where the surgery took place is requesting a new trial.

Florida Man Awarded 14 Million in Surgical Malpractice Suit

Monday, September 28th, 2009

A 53 year old father from Hollywood Florida has been victorious in his surgical malpractice lawsuit against the doctor who punctured one of his arteries during surgery, leaving him paralyzed and in need of round the clock care.

Francis Ziadie went to Memorial Regional Hospital in 2002 with dizziness and slurred speech.  He was having a stroke.  Doctors immediately gave him medication to help break up a blood clot that was causing the stroke and his symptoms began to lessen.

The problem arose when Dr. Hoang Dinh Doung surgically inserted a stint into Ziadie’s carotid artery meant to prop it open and improve his blood flow.  Unfortunately, during the procedure, he punctured the man’s blood vessel which causes subsequent heavy bleeding into the patient’s brain.

Ziadie, who was just 46 at the time of the incident, now requires constant care from his elderly mother.

The jury in the case found in favor of Ziadie and awarded him and his family $14 million in damages for his pain, suffering and medical expenses.

Source:   www.miamiherald.com

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