Archive for the ‘Uncategorized’ Category

Another Case of Bacterial Infection Malpractice

Tuesday, February 2nd, 2010

An Ohio teenager who lost his legs as a result of a flesh eating bacterial infection has filed a medical malpractice lawsuit against several doctors and two hospitals, alleging his condition wasn’t properly treated.

Steven Haxton was just 18 years old when he went to the emergency room at Riverside Methodist Hospital last March complaining of pain in his calf.  He was diagnosed with necrotizing fascitiitis, also known as flesh eating bacteria, however it is his claim that the condition was not properly treated in a timely manner leading to devastating results.

According to documents, several days following diagnosis Haxton’s condition was so serious that he was placed on life support and transported to Ohio State University Medical Center.  Although he recovered, he was forced to have both legs amputated to save his life, and has since faced 20 additional surgeries.

Haxton’s lawsuit alleges that doctors and staff at both medical facilities failed to provide him with a level of care that would meet accepted medical standards and he has suffered immeasurably as a result.

Necrotizing fascitiitis, and other types of bacterial infections, can wreak havoc on the body, resulting in further illness, amputation and death.  It is imperative that these types of infections be diagnosed and treated immediately in order to prevent the damages they can cause.  When they are not, medical malpractice may be to blame.  Only an experienced medical attorney will know for sure.

Medical Malpractice Suit Settled in Botched Abortion Case

Monday, December 28th, 2009

A young woman who nearly died after she underwent a botched abortion at the Metropolitan Medical Associates Englewood Center for Women in New Jersey will receive a settlement of $1.9 million for her damages.

Rasheedah Dinkins went to the clinic, which is the largest in NJ, to have a second trimester abortion, during which she began to hemorrhage.  Instead of being referred to nearby Englewood Hospital to be assessed and treated for her excessive bleeding, she was sent home.

Shortly after going home, Dinkins became sluggish and began having trouble walking and talking.  After passing out, she was rushed to Beth Israel Medical center by ambulance where it was discovered that she had a ruptured uterus.  The subsequent blood loss led to a stroke, a collapsed lung, a tracheotomy and she ended up in a coma for three weeks.

Dinkins’ case caused hospital workers to be concerned and they filed a complaint with the state which led to an investigation of the abortion clinic.  Officials were shocked to find dirty and rusty instruments, and filthy conditions, including a pile of dark red “dirt and debris” beneath an examining table that was a quarter-inch thick.  The result was a mandatory shut down of the clinic for a month.

But the problems didn’t end there.  Once Dinkins’ lawsuit became public, two more women came forward with complaints of medical malpractice at the clinic.

Gloria Mozas is suing the medical center for misdiagnosing her heterotopic pregnancy in 2003.  Mozas claims she was told she wasn’t even pregnant, but needed to undergo a D&C procedure to remove dead tissue from a previous failed pregnancy.  She later found out that the procedure killed her live fetus, and she was ultimately forced to undergo emergency surgery at a different hospital to save her life after her tubal pregnancy ruptured.

Christina Ruvolo’s medical malpractice lawsuit against Englewood Center alleges that she suffered severe complications due to an incomplete abortion she received.

As for Dinkins, she is still dealing with the aftermath of the ordeal she suffered at the hands of the negligent doctors at Englewood.  She says that had she known the truth about the clinic, she would have made a different choice.

The other two lawsuits against Englewood Center are still pending.

Man Sues Hospital for Medical Malpractice

Thursday, November 26th, 2009

A St. Louis man who went to St. Luke’s Hospital for treatment of his renal disease is now suing them for medical malpractice claiming they are responsible for his developing a rare disorder referred to as nephrogenic systemic fibrosis.

Between 2004 and 2007, the plaintiff underwent several MRI’s at the hospital, most of which involved the use of a gadolinium-based contrast dye.  Following these imaging studies, the man began developing lesions on his skin and fibrosis of his arms, legs, feet and hands.

He was officially diagnosed with nephrogenic systemic fibrosis, a painful and debilitating disease that is incurable and often fatal.

The medical malpractice lawsuit alleges that the hospital was negligent in administering the contrast dye in a patient who was in renal failure, which according to the suit is the underlying cause of the plaintiff’s new condition.  It also mentions the makers of the dyes, claiming that they designed a defective product and knowingly misrepresented that product as safe when it was not.

The plaintiff is suing for actual expenses (medical expenses, lost wages, etc.) as well as punitive damages for his pain and suffering.

3.1 Million Verdict in Wrongful Death Lawsuit

Monday, November 23rd, 2009

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

Actor Sues Hospital in Wrongful Death of Brother

Wednesday, November 18th, 2009

Academy Award nominated actor James Woods has filed a wrongful death lawsuit in the 2006 death of his brother.  The amount of damages he is seeking has not yet been reported, however it is known that he filed the suit on behalf of his nephew in order to “seek justice”.

According to the lawsuit, 49 year old Michael Woods went into cardiac arrest while on a hospital gurney at Kent County Hospital in Rhode Island.  The suit claims that Woods did not receive appropriate or timely care and subsequently died as a result.

This is certainly not the first medical malpractice lawsuit brought by a celebrity, and is yet another example that they are by no means immune to the risks associated with medical treatment.  You may recall recent reports about Dennis Quaid, Kanye West and Ed McMahon all having their own unfortunate experiences with negligent physicians.

Remember - medical malpractice does not discriminate - it can happen to anyone at any time.  If you or someone you love has been a victim of a doctor’s negligence, talk it over with a medical attorney today.

Medical Attorney Fights against Damages Cap in Kansas

Thursday, November 5th, 2009

A Kansas medical lawyer and his client, who sued for medical malpractice when a surgeon removed the wrong ovary in error, are fighting back against the medical damages cap law in their state, arguing that it’s unconstitutional.

A jury awarded the victim, Amy Miller, a total amount of $759,680 to be divvied up as follows:

  • $250,000 for noneconomic losses
  • $150,000 for future noneconomic losses
  • $84680 for medical expenses
  • $100,000 for future medical expenses
  • $175,000 for loss of services as a spouse

Given the high cost of medical care, and the severity of the medical error, it would appear to most people that this verdict was more than fair.  In fact, it is quite small in comparison to some medical malpractice awards that reach into the multi-million dollar range.

Because of Kansas law, however, which states that non-economic damages cannot exceed $250,000, the judge overseeing the case reduced the verdict to remove the $150,000 set aside for future non-economic damages and the $100,000 for future medical expenses.

Miller and her medical attorney are not taking this sitting down.  They have filed an appeal and will have an opportunity to argue their case in front of the Kansas Supreme Court.

What they are fighting for is the rights of victims who have already lost so much at the hands of a negligent medical professional.  Damage caps only serve to hurt those who need relief the most, as in this case.

The results of this battle will be relayed when the case is concluded.

Family Receives $3.7 Million in Wrongful Death Suit

Sunday, October 11th, 2009

The surviving family of a Wisconsin man who died of a misdiagnosed fungal infection has won in court in their wrongful death lawsuit.

The father of two, Gustavo Espinal-Santos, went to the Bellin Family Medical Center in December 2003 because he was feeling ill.  Physicians who treated the man diagnosed him as suffering from pneumonia.  Unfortunately, they were wrong.

The lawsuit alleged that the doctors were negligent in failing to order standard tests such as X-rays, causing them to miss the signs of what Espinal-Santos was actually suffering from:  a deadly fungal infection called blastomycosis.

After two visits to the medical center, Espinal-Santos was finally admitted and the real cause of his symptoms was discovered, but by then it was too late.  He died a short time later.

The medical malpractice trial was relatively quick, lasting only four days and the jury deliberated just eight hours before finding in favor of the plaintiffs.  The award will be reduced, however, because of Wisconsin’s damage caps law.

Source:  www.greenbaypressgazette.com

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

Family Sues Hospital for Malpractice

Sunday, September 27th, 2009

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.

Kansas Physician Surrenders Medical License

Friday, September 25th, 2009

A somewhat surprising update to a case first discussed here in July, involving two Kansas doctors who were facing multiple charges of prescription malpractice following the death of one of their patients from an overdose.

One of the two physicians, Dr. Lawrence Simons, has voluntarily surrendered his medical license to the state Medical Board in an attempt to avoid further disciplinary actions against him.

Along with his former medical partner, Dr. Stephen Schneider, Simons was brought up on allegations of excessive prescribing of a controlled substance, failure to properly keep written medical records, unprofessional conduct and a host of other violations.

Surrendering his license may get Simons out of hot water with the Medical Board, however there are still 36 criminal charges pending against him and roughly half a dozen medical malpractice lawsuits, including the one involving the wrongful death of a patient.

There has not been an update reported regarding Dr. Schneider to date.

Source:  www.kansas.com

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