The death of a 10 year old British boy is being blamed on medical malpractice and has caused quite a stir among the medical community there and across the globe.

Kieran Howard’s problems started with a simple sneeze at his home last March, which inadvertently caused a tumor in his brain to burst.  He was taken to the hospital where, instead of being properly tested and monitored, he was made to wait some 12 hours and moved between three medical facilities before he finally died as a result of his condition.

Coroner, Dr. Fiona Wilcox, who performed the autopsy on the boy says he would be alive today had his condition been properly diagnosed in time and the life-saving surgery he required had been performed.  Dr. Wilcox cited the hospital staff with neglect, and called the whole situation a “gross failure”.

Neither the hospital, nor its staff has offered any explanation as to why Howard was so severely neglected.  There is also no report yet on whether the family plans to file a medical malpractice lawsuit, although it is more likely than not that they will.

Hospitals are supposed to be a place that we can go for help - and the doctors who work there are supposed to be trained and ready to handle any emergency situations that arise.  Unfortunately, sometimes there is a failure to do so, and the results can be injury or even death.  Have you or someone you love been harmed by an emergency room physician?  Did you suffer an injury due to hospital staff’s neglect?  If you have, then you may be entitled to compensation for your damages.  It is in your best interest to contact a medical attorney right away to find out more.

Source: www.thisislondon.co.uk

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.

On Monday, a jury in Illinois State Court in Chicago determined that Janice DiCosolo, 38, died in February 2004 because the patch she was wearing delivered a fatal dose of the narcotic fentanyl.   The Duragesic patch is made by Alza Corporation which is owned by Johnson & Johnson; the patch is distributed by Janssen Pharmaceutica, another Johnson & Johnson company.   The jury awarded her family 16.6 million dollars.

“We disagree with the jury’s verdict,” said Greg Panico, a spokesman for the Johnson & Johnson units, in an e-mailed statement. “We are considering our options for an appeal.”

Defense lawyers cited an autopsy report that indicated DiCosolo died from the interaction of at least 5 drugs including fentanyl that were found in her system.

At trial plaintiff’s lawyers said that Fentanyl is a drug that is 100 times more potent than morphine and is contained in a patch that is intended to be worn for 72 hours, then discarded.  Jim Orr, a plaintiff’s attorney, said that each patch contained enough fentanyl to kill 10 men, each weighing 150 pounds.

Janssen recalled one lot of Duragesic patches in February 2004, a day after DiCosolo died, because of improper sealing of the adhesive backing of the devices, defense lawyer David Sudzus wrote in a court filing. The patch worn by DiCosolo was from that lot, he said.

The patches generated $1.16 billion  dollars in sales for Johnson & Johnson last year but the company has still lost each case that has gone to a jury.

In July 2006, a state court jury in Houston ordered Janssen and Alza to pay $772,500 to the family of a Texas woman who died after her patch leaked.  Johnson & Johnson in July 2007 agreed to pay the family of a Florida man $2.5 million to resolve claims that Adam Hendelson, 28, had died after using one of the patches.  A jury in Sanford, Florida, awarded more than $13 million to the family of Susan Hodgemire, a 34-year-old mother of five who died after using a Duragesic patch in 2002.

On January 12th Johnson & Johnson will be facing another pain patch trial in federal court in Chicago.

This case looks to be all about whether the child was adequately watched. When you hand over your child to another for care such as this, the caregiver is many times subject to a higher level of scrutiny. We see this in many states with schools as well.

Timothy Burke was fine when his father dropped him off at the YMCA Childcare Center in Marblehead on the morning of June 9, 2005.

Even though his best buddy wasn’t there that day, Timothy, 3, happily played alone, filling a toy dump truck with mulch, pushing it across the yard and then emptying it. He ended up inside a playhouse built against the side of the Humphrey Street center.

No one’s sure what happened next, but about 15 minutes later, the little boy was found unconscious, face down against the back of the toy truck. Less than a week later, on June 15, his parents “reluctantly” made the decision to take him off life support.

Now his parents have filed a wrongful death suit against the Marblehead-Swampscott YMCA, six of its employees and Northshore Ambulance of Salem.

The lawsuit, filed Monday in Salem Superior Court, three years to the day after Timothy’s death, alleges that both the YMCA and its employees and the ambulance company and its workers were negligent. The suit charges that day care center employees failed to watch the child and, when they found him unconscious, failed to provide proper emergency care. It also charges that the ambulance company was negligent by failing to properly train its employees or provide them with proper supplies to treat the child. The ambulance workers never used a defibrillator on the boy.