The Maryland court of appeals is giving the family of Pearline Brown Rice, who died of cancer after a tumor was misdiagnosed as arthritis, a third chance to fight their wrongful death suit.  The original case ended in favor of the family, awarding them over $11 million, but was overturned, and the first appeal denied.  A judge recently granted them another chance to pursue their claim.

In March 2001, Rice went to the University of Maryland Medical Center complaining of knee pain.  She was diagnosed as having osteoarthritis.  What she really had was a ruptured cancerous cyst, which went undiagnosed for several months.

By the time the disease was discovered, Rice had already lost precious time.  She underwent surgery, amputation, radiation and chemotherapy, but it was too late.  She died in March 2003.

In April 2006, a jury found in favor of Rice’s children, awarding them $11,003,000 in damages, but just a few months later the Medical Center was granted a new trial after a judge concluded that the verdict ran counter to the weight of evidence.

The second time around, the family’s suit was dismissed based on a new requirement that an expert’s opinion be filed along with a lawsuit and an issue involving the statute of limitations.  The Court of Special Appeals found that decision to be incorrect, and has again breathed new life into the wrongful death suit.

A verdict in favor of the defendant or a dismissal of your case doesn’t necessarily mean it’s over.  A good medical attorney will know if you have a chance to appeal your case and how to go about doing so in a timely manner.  If you have found yourself in this type of situation, speak to a medical lawyer about it today.

Barry Lackro, one of the 116 veterans who received botched prostate cancer treatments under the care of Dr. Gary Kao at a VA medical center has filed a medical malpractice lawsuit.

Kao recently admitted wrongdoing, stating that he “sometimes missed the mark” when implanting radioactive seeds into his patients.  The seeds are meant to be implanted into the prostate and treat the cancer, however Kao often implanted too few or too many seeds, and in some cases the seeds ended up in other organs.

The patients who were victims of Kao’s negligence were never told of the errors so they were unaware that the treatments they were receiving were much weaker than they were supposed to be.

In Lackro’s case, one of the radioactive implants ended up in his bladder causing him to suffer blood clots and other complications.  It is unclear how much he is seeking in damages, but it is certain that we will see many more medical malpractice cases filed against Kao in the near future.

The family of a Michigan man who died of a dissected aorta has been awarded a settlement in their wrongful death lawsuit.  The family sued Dr. Arun Gupta stating that because he failed to refer 43 year old Clayborn (Matt) Baker to a cardiologist while under his care during a hospital stay, the patient bled to death internally.

In 2005, Baker went to Mercy Memorial Hospital in Monroe complaining of chest pains.  He was admitted to the hospital, however Dr. Gupta, who treated Baker over the course of 6 days, ignored his repeated requests to be seen by a cardiologist.

The Baker’s family’s medical attorney testified in court that Baker continuously mentioned having a heart problem, and complained that he wasn’t being treated by an expert for his condition.  “He felt he was dying,” the attorney said.

It was argued during the trial that had Baker’s dissected aorta been detected when he first arrived at the hospital, surgical intervention could have been performed immediately and his life likely would have been spared.  Instead, he was diagnosed with an infection and kidney stones and sent home after six days in the hospital.  That same day, he was rushed back to the emergency room where he died.

Dr. Gupta’s lawyer argued that Mr. Baker did not show signs of aortic dissection and was given adequate care by his client while in the hospital.  He also claimed that several other doctors examined

Baker’s X-rays and none of them noticed any problems with his heart.
The jury didn’t see it that way, however, and sided with the plaintiffs, awarding them a settlement of $1.5 million.

Sometimes it’s not a matter of a doctor making a blatant error that causes medical malpractice, but it’s the absence of appropriate and thorough treatment, such as referring a patient to a specialist for further examination that can result in harm to the patient or even death, as in this case.  Medical attorneys are familiar with these types of situations and can help determine whether or not a doctor’s inaction has caused you or your loved one to suffer damages.  Speak with one today to find out more.

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.

The $8.5 million medical malpractice settlement awarded to Jean Phillips in 2008, who lost the use of her right arm due to a missed diagnosis of a flesh eating bacteria, has been upheld by a federal judge.

In 2002, Phillips sought treatment from Dr. Dan MacAlpine at the Scott Air Force Base in Belleville Illinois.  She was complaining of a rash on her right arm.  MacAlpine didn’t bother to diagnose or treat the rash, but rather he sent Phillips home with instructions to take over the counter pain medication.  He wrongfully assumed that Phillips was a drug addict seeking prescription drugs.

The rash on Phillip’s arm turned out to be a flesh eating bacteria known as necrotizing fasciitis, and the failed diagnosis cost her the use of her arm.

Federal Judge Philip Frazier did, however, concede to the government’s request to have the settlement amount lowered, though not by much.  He reduced the compensation amount for Phillip’s medical expenses by just under $64,000, bringing the total settlement amount down to $8.46 million.

This is a perfect example of how medical malpractice can occur anywhere, including military facilities.  Anyone who suffers injury or damages due to a doctor’s negligence, regardless of where, should consider speaking with a medical lawyer.

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.

You’ve been injured.  You feel wronged and angry, and blame your doctor or nurse for your pain and suffering.  You spoke with a medical lawyer, or perhaps a few of them.  And not one of them agreed to take on your case and represent you.  Why?

There are many reasons why a medical lawyer might refuse a case.  First of all, not every medical mistake constitutes malpractice.  Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases.  If certain elements don’t exist, they likely won’t take your case.

So what things do medical lawyers look for when deciding whether to represent a client?

Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient?  This question is most often answered ‘yes’ however there is more to the story than just duty.

Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf.  Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care.  Unless there is a good chance that this can be clearly proven, you don’t have a case.

Was there injury?  If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case.  You certainly can’t seek compensation for injuries you cannot prove.

Medical malpractice is by no means a black and white scenario, and every case is unique.  But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim.  If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down.  If you’ve found yourself unable to find legal representation, by all means get a second opinion.  But don’t be upset if you are told you simply do not have a case.  Often it will save you time and anguish in the long run.

A medical negligence lawsuit was filed last week by Molly Millsop and her parents against Ohio University, where Millsop attended for journalism.  The suit claims that doctors at the university’s Hudson Health Center failed to diagnose and treat a dangerous infection, ultimately leading to the amputation of her right arm and shoulder.

According to the lawsuit, Millsop sought medical treatment at Hudson in September 2007, where she was examined twice and ultimately diagnosed with a simple sore throat, muscle strain and a case of anxiety.

They were terribly wrong.  What Millsop was actually suffering from was a rare bacterial infection called necrotizing fasciitis, also known as flesh-eating bacteria.

Initially, Molly went to the medical center complaining of nausea and dizziness.  She also mentioned a pain in her right arm.  The lawsuit claims that doctors dismissed Millsop, giving her anti-nausea medication and sending her home.

Later that same day, after the pain had increased to the point where Molly could barely walk, she returned to the medical center.  That time she was diagnosed with anxiety and made to breath into a paper bag.

Her parents then became involved, and took her to O’Bleness Memorial Hospital, where she was finally properly diagnosed and airlifted to another facility for the amputation to save her life.

The lawsuit claims that had Millsop been properly diagnosed when she had initially sought treatment, she would most likely have been able to avoid the amputation or at least saved part of her arm.  They are seeking damages caused by emotional pain, physical pain, future lost earnings and a lessened ability to enjoy life.

The family of a Methuen woman has won their wrongful death lawsuit over the death of Priscilla Jardine, who lost her life shortly after giving birth in 2004.

The 32 year old woman went into cardiac arrest shortly after she was given the blood pressure drug Labetalol, following her ceasarean section.  Her blood pressure dropped to dangerous levels eventually causing her heart to give out.

Her family brought the lawsuit against the doctor who recommended the drug, Dr. Debra Gail Knee, claiming her negligence in doing so directly resulted in Jardine’s death.

A jury agreed.  They awarded the grieving family $2 million in damages.

Unfortunately, medication errors occur all too frequently across the country, and as evidenced in this case, can have irreversible and devastating results.  If you or someone you know have experienced a doctor’s error such as this, you too have rights.  Speak to a medical attorney today to discuss them.

Source: FOXnews.com

The family of 7-year-old Roberto Morales, Jr. reached a cerebral palsy settlement for $6.5 million this week. Diagnosed with cerebral palsy after his birth in 2001, Morales now suffers from limited mobility and requires continued health care. The settlement will help with his ongoing health care costs.

Inadequate Oxygen to the Brain
Roberto was delivered at Provena Mercy Medical Center. Attorneys working on his behalf argued that the obstetrician and delivery nurse failed to respond to fetal distress and Roberto suffered a lack of oxygen as a result.

He was born with hypoxic ischemic encephalopathy, a type of brain damage that is caused by inadequate oxygen and may cause death, developmental delays, mental retardation and cerebral palsy.

A Vulnerable Time
Labor and delivery is an especially vulnerable time for infants, and the slightest mistake can have devastating consequences. When a child is diagnosed with a brain injury such as cerebral palsy after a traumatic delivery, it may be a good idea for the parents to do some further investigation.