Prescription Error Led to Potential Infant Overdose
A prescription error at a local New Jersey CVS may have resulted in permanent damage to Jayden Trowbridge, an eight-month-old baby. The label on Jayden's prescription cough medicine called for four times the appropriate dosage for a child of his age and weight. Instead of receiving the proper dosage for a 19-pound child, he was prescribed the amount a 120-pound adult would receive.
As a result, Jayden could not sleep for the four days he took the prescription cough medicine. His mother describes him as being jittery, anxious, crying, and whining, which are all uncharacteristic of the typically laid back baby.
The family is currently looking to CVS for answers. The pharmacy's label instructed Jayden to take one full teaspoon every 12 hours, even though the doctor's prescription called for the correct dosage, ΒΌ teaspoon every 12 hours.
Jayden's family is still worried about the long-term consequences of this prescription error, and they are currently uncertain whether their child has sustained any permanent damage as a result of the overdose.
If you or a loved one has suffered an injury as a result of a prescription error, you may be entitled to receive compensation through a medical malpractice lawsuit. It is important to consult an experienced attorney who can help you receive the compensation you deserve.
If you have been the victim of a prescription error in the New York City area, please contact the New York medical malpractice lawyers at Silberstein, Awad & Miklos, P.C. today to schedule your free initial consultation.
Labels: medical malpractice, prescription error
Patients Received Excessive Levels of Radiation Due to Medical Error
California public health officials are currently investigating a series of medical errors committed by Cedars-Sinai Medical Center in Los Angeles. Over the past 18 months, 206 patients received high doses of radiation during CT brain scans.
According to a statement released by Cedars-Sinai Medical Center, patients were exposed to eight times the normal dose of radiation during CT scans used to diagnose strokes. The medical error was discovered in August after a patient reported hair loss following a CT scan. Several other patients have also suffered temporary hair loss and skin-reddening.
Public health officials have discovered that the machine in question has been set to a higher radiation level since February 2008. The hospital has notified all patients who received a CT scan from this machine during this time period.
The Food and Drug Administration (FDA) recently issued a warning to hospitals across the country about the potential dangers of radiation from CT scans and asked all hospitals to review their safety procedures. Excessive doses of radiation pose a serious hazard to patients. Cedars-Sinai may potentially face a series of medical malpractice lawsuits as a result of this egregious error.
If you have been the victim of a medical error in the Los Angeles, California area, please contact the medical malpractice lawyers at Jacoby & Meyers today to schedule your free initial consultation.
Labels: medical malpractice
Florida Nurse Reuses IV Supplies, Endangers Patients' Health
A nurse at the Broward General Medical Center has been suspended by the hospital after they discovered that she had been reusing supplies while dispensing IV fluids during stress tests. The hospital has also urged all patients who may have received treatment with contaminated supplies to get tested for Hepatitis B, Hepatitis, C, and HIV.
The nurse repeatedly reused saline bags and tubing during cardiac stress tests, potentially exposing more than 1,800 patients to dangerous blood-borne diseases. This negligent behavior has been occurring since early in 2004.
The hospital recently discovered the transgression and took immediate action. They received an anonymous phone call on September 1, began an investigation at once, and suspended the nurse eight days later. Broward General Medical Center is currently conducting a rigorous review of the incident and considering changes to hospital protocol to ensure that this behavior does not happen again in the future.
Currently, there have been no reports of any patients getting hepatitis or HIV as a result of the nurse's actions.
A hospital has an obligation to provide safe treatment to all of its patients. When an employee violates proper safety protocol and injures a patient, both the employee and the hospital may be liable to compensate the victim for damages in medical malpractice lawsuit.
If you have been injured by the negligent actions of a health care professional in the West Palm Beach, Florida area, please contact Florida medical malpractice attorney Craig Goldenfarb today to schedule your initial consultation.
Labels: medical malpractice
Medical Malpractice and LASIK Surgery
Even though LASIK surgery is considered one of the safest procedures available, it is still accompanied by the risk of complications. If your eye surgeon makes a surgical error during your LASIK procedure, the consequences can be disastrous, potentially leading to permanent vision problems or even blindness.
Recently, a New Jersey ophthalmologist agreed to pay $2.1 million in a medical malpractice settlement after he performed LASIK on a patient who was not a good candidate for the surgery. The patient had steep corneas, which severely increased his risk of complications. The procedure left him with a bulging cornea, resulting in long term vision complications. The doctor who performed this surgery has been sued for LASIK malpractice 16 times in his career.
A Chicago eye surgeon has faced more than 50 medical malpractice lawsuits since 2001. One of these patients required corneal transplant surgery as a result of his botched LASIK procedure. The Chicago ophthalmologist failed to diagnose a prior eye condition which made the patient an unsuitable candidate for LASIK.
It is surprising that these ophthalmologists are still licensed to practice. It seems that the medical community needs to more strictly monitor doctors who have faced such a large number of malpractice complaints.
It is crucial to evaluate the credentials of any doctor before you have him perform major surgery. The consequences for choosing the wrong doctor can be life altering.
If you have a medical malpractice claim in the New York City area, please contact the New York medical malpractice lawyers at Silberstein, Awad & Miklos, P.C. today to schedule your initial consultation.
Labels: medical malpractice, surgical malpractice
Woman Dies After Long Battle With Medical Errors
When a mother of four went to a plastic surgeon in 2002, she believed she would be getting a simple liposuction procedure she and her doctor had talked about. Unfortunately, the routine procedure was performed with severe negligence, and the woman left the operating room with multiple punctures to her lower intestine and colon.
The medical malpractice injuries caused multiple organs in the woman's body to fail, poisoned her blood, and gave her a heart attack. After the botched surgery, she filed a medical malpractice lawsuit to recover compensation, but never fully recovered from the injuries. She eventually suffered a wrongful death.
This past May, the woman underwent reconstructive surgery to repair her abdomen, but the 16-hour procedure was a failure. Following the procedure, the woman was put in the intensive care unit at the hospital, and the family was forced to switch off her life support, ending her young life.
As the number of cosmetic surgeries performed every year continues to grow, medical errors like this may become more common. Surgical mistakes are unacceptable, and the medical professionals who fail to provide you with the level of care you deserve need to be held accountable.
If you have a medical malpractice claim in the Orlando, Florida area, please contact the Orlando personal injury lawyers at the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.
Labels: medical malpractice
Florida Woman Loses Limbs After Failure To Diagnose
When a Florida woman went to the hospital on Sept. 20, 2003, she knew that she was suffering from a severe kidney stone episode. She had suffered from them in the past and told a nurse in the emergency room what was happening.
What ensued was a tragic combination of failure to diagnose, medical error, and miscommunication between doctors, hospital staff, and other professionals. In the end, the woman lost her legs below the knees and her arms below the elbows. The woman sued for medical malpractice, and when the jury came back with their decision, the judge threw it out and called for another trial.
The woman went to the hospital because she could barely walk and had a fever of 106. After telling an emergency room nurse she had a kidney stone, nothing was done to treat her problems. The woman suffered from terrible infections that prevented her limbs from receiving the blood they needed, killing the tissue.
After losing her limbs, the woman has endured near-constant pain, intensive physical therapy, almost $1 million in medical bills, and difficulty working. The injured woman is seeking compensation for the injuries she suffered due to the negligence of the hospital staff.
If you live in the Orlando, Florida area and have suffered an injury from a doctor's failure to properly diagnose your condition, please contact the Orlando medical malpractice lawyers at The Law Offices of Michael Barszcz, M.D., J.D. today to schedule your initial consultation.
Labels: medical malpractice
Patients Are Not Always Informed Of Test Results
With all of the tests available to doctors today, medical professionals are able to spot and treat many different diseases and conditions before they become too serious. Unfortunately, many patients who undergo medical tests are not always informed of the results, which can lead to a failure to diagnose a serious disease.
Many people would think that normal test results might go unmentioned, but the opposite is just as true. In a recent study, as much as 7.1% of patients do not get their test results after they come back to the doctor. Some of these tests can be incredibly important, including:
- Mammograms
- Diabetes Screenings
- Pap smears
- Cancer Screenings
Whether it is a result of the doctor being rushed or negligent, failing to provide you with all of your medical information constitutes medical malpractice. Knowing there are inconsistencies or abnormalities in your test results can mean the difference between getting the jump on cancer treatment or suffering from painful, intensive surgeries and other medical procedures in the future.
If you have suffered from a failure to diagnose or if your doctor has not provided you with the medical information you need, you may be able to recover compensation. It is important to consult an experienced medical malpractice lawyer to determine if you have a valid claim.
If you have a medical malpractice claim in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.
Labels: medical malpractice
Two Women File Medical Malpractice Lawsuit in Tucson, Arizona
On April 10, 2005, Christopher Lambeth, a mentally ill man, stabbed his two grandparents to death. The mother and aunt of Christopher Lambeth are now filing a medical malpractice claim in order to recover damages from the psychiatrist as well as the behavioral agency that worked with Christopher.
Prior to the killings, Lisa Lambeth told her son's psychiatrist that he had not been taking his medication and she requested he be taken to a mental facility. COPE Behavioral Services, Inc. claims that Lambeth was wholly or partially at fault for the killings.
Dr. Virgil Hancock had seen Christopher Lambeth numerous times in the presence of his mother and has even gone so far as to sign a note claiming Christopher Lambeth was "unable to control his anger, was homicidal, had a target, and a plan."
Just three days before the killings, Lisa Lambeth requested that COPE behavior services take Christopher out of her parent's home, but neither Dr. Hancock nor COPE Behavioral Services took any action.
If you or a loved one has suffered injuries or even wrongful death as a result of the negligence of a medical professional, you may be able to recover compensation for your losses. It is important to consult an experienced medical malpractice lawyer to ensure your rights are properly defended. Labels: medical malpractice
2 NY Brain Surgeons Suspended for Abandoning Patient in OR
Two of New York's highest paid brain surgeons have recently been suspended for two weeks after abandoning a patient in the operating room. The patient had already been anesthetized and prepped for her brain surgery.
The two surgeons involved in the incident were Thomas Milhorat, chief of neurosurgery at North Shore University Hospital, and Paolo Bolognese, a colleague of Milhorat's.
The suspensions were given out following an incident on April 10. Bolognese had a patient in the operating room. Her head had been shaved and she had already received anesthesia, but Bolognese was nowhere to be found. Hospital staff called on Milhorat to perform the surgery, but he refused because she was not his patient.
Since there were no other surgeons available at the time, the surgery was never performed. The incident is currently under investigation.
Milhorat and Bolognese run North Shore University Hospital's Chiari Institute, a facility that treats patients suffering from a rare congenital brain injury causing headaches, dizziness, and other symptoms.
This is not the first time the two surgeons have had complaints filed against them. Both doctors are currently facing three medical malpractice lawsuits for improper conduct. One lawsuit alleges that they used patients with the brain defect, including a 4-year-old, as guinea pigs for research and financial profit.
Another lawsuit alleges that the doctors told the parents of a 12-year-old girl that her surgery would be a "walk in the park." However, since her surgery, her condition has continued to steadily decline.
Doctors have a responsibility to do everything in their power to provide their patients with the best care possible. The actions of these two doctors failed to live up to this responsibility and constitute a major surgical error. If you have been the victim of a surgical error, it is important to consult an experienced medical malpractice lawyer. You may be entitled to receive compensation for your damages.
If you have a medical malpractice claim in the New York City area, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.
Labels: medical malpractice, surgical malpractice
Pain Management Doctor Faces Two Lawsuits
A Denver pain management doctor currently faces two lawsuits -- one for medical malpractice and the other for wrongful death. In both cases, his errors led to cardiac arrest in the patients. One woman died, while the other suffered brain damage.
Dr. Daniel Brookoff administered trigger point injections of a pain medicine called Marcaine to both patients. The injections caused both women to experience a lack of oxygen to the brain. One woman suffered a heart attack and died. The other had a seizure and a heart attack, but ultimately survived. She suffered permanent injuries, including a brain injury that has affected her memory and multitasking abilities.
The lawsuit claims that Dr. Brookoff did not have the personnel, oxygen, cardiopulmonary resuscitative equipment, or defibrillators necessary to handle either situation. Furthermore, the plaintiffs have argued that Brookoff did not possess the proper pain management accreditation and did not make full use of the facilities at the hospital where he works.
In the medical malpractice suit, the victim is seeking compensation for loss of income, past and future medical expenses, and non-economic damages. It is uncertain how much compensation the deceased woman's widower is seeking in his wrongful death suit.
If you have a medical malpractice or wrongful death claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.
Labels: medical malpractice, wrongful death
Probation Period Extended for Hartford Hospital
The Department of Public Health extended Hartford Hospital's probationary period while they continue to investigate a series of claims filed against the hospital for health violations. Inspectors have documented approximately 30 health code violations at the hospital during 2008, many of which are likely to lead to hospital medical malpractice claims.
During its time on probation, Hartford Hospital may receive unannounced visits from state health inspectors. Outside agencies have also been brought in to review conditions at the hospital. Investigators have noticed several improvements over the past few months, including a reduction in patient falls and bedsores.
However, there have also been events that demonstrate that the hospital is a long way from providing the high standards of health care that is required of a major hospital in our country. At least 5 out of the 30 health code violations last year were considered very serious. The most egregious violation came when doctors sent a patient home with a 13 inch surgical instrument inside his abdomen.
Currently, Hartford Hospital is required to provide the Department of Health with a corrective plan every time a new violation is registered.
Hospitals have an obligation to provide their patients with levels of care that meet the reasonable standards set forth by the medical profession. When a hospital fails to live up to this standard, it is guilty of medical malpractice and the negligent health care professionals may be responsible to compensate injured victims for their damages.
If you have a medical malpractice claim in the New York City area, please contact the Law Offices of Silberstein, Awad, & Miklos, P.C. today to schedule a consultation.
Labels: medical malpractice
Health Care Overhaul May Hinge on Tort Reform
As President Obama gears up to attempt a major overhaul of our health care system, doctors and lawyers are digging in for what may potentially be a long battle.
For years, doctors have been arguing that medical malpractice lawsuits are a big reason health care costs are so high. As a result, many medical professionals and medical organizations, including the American Medical Association (AMA), are insisting that any bill dealing with health care reform must contain a provision that will effectively curb the large number of medical malpractice lawsuits running rampant in our country.
Trial lawyers have a slightly different take on the issue. They have adamantly argued that lawsuits are not responsible for rising health care costs.
President Obama's health care reform team has indicated that tort reform will be involved in this bill in some way, but they haven't as of yet offered any specifics. This is a delicate subject. While malpractice insurance premiums certainly contribute to the massive overhead experienced by many doctors, it is not clear that severely limiting these lawsuits is the answer to providing high quality health care at affordable costs. Our tort system serves as an accountability system for medical professionals and ensures patients that they will be properly compensated for injuries suffered due to negligent medical practices.
If one of the goals of this health care reform is to effect a change in the way doctors practice medicine by forcing them to provide higher quality care instead of simply running a barrage of tests to boost the bill, then maintaining our tort system is crucial. Otherwise, there will not be any safeguards to ensure that patients receive the highest possible quality of care at all times.
If you have a medical malpractice claim in the Tulsa or Oklahoma City area, please contact Carr & Carr Attorneys at Law today to schedule a consultation.
Labels: medical malpractice
Teen Dies After Doctors Fail to Diagnose 4.4 Pound Chest Tumor
Christopher Chaffey, a 19-year-old volunteer charity worker in England, recently died from a 4.4 pound chest tumor. Despite having repeated opportunities to properly diagnose Chaffey's condition, doctors failed to detect the presence of the tumor until two days before his death.
Chaffey had visited his doctor regularly over a 15 month period, complaining of excessive sweating, hair loss, fainting, chest pain, headaches, and vomiting. Chaffey's mother said that at one point, Chaffey had many veins protruding prominently through his chest. During one visit, blood tests showed evidence of low hemoglobin levels as well.
Despite the many warning signs exhibited by Chaffey, doctors attributed his symptoms to anxiety and told him to "grow up a bit and stop worrying there's something wrong with him."
By the time doctors found the 4.4 pound tumor in Chaffey's chest, it was too late. The tumor affected his heart and lungs, while others had already developed in his neck and skull.
It is shocking that doctors could miss a tumor quite that large, especially given the many symptoms Chaffey had repeatedly complained of. Clearly, this cancer misdiagnosis is a blatant example of medical malpractice.
It is important to consult an experienced medical malpractice attorney when you or a loved one has suffered a serious injury or even wrongful death as a result of a doctor's negligent actions. You may be eligible to receive compensation for your damages.
If you have a medical malpractice claim in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.
Labels: medical malpractice, misdiagnosis, wrongful death
New Jersey Jury Awards Largest Oral Surgery Malpractice Verdict in State History
A New Jersey jury awarded the family of Francis Keller $10.2 million in a medical malpractice lawsuit involving his wrongful death after an oral surgery procedure. It is the largest oral surgery malpractice verdict ever awarded in the state of New Jersey.
Keller's oral surgeon, Dr. George Flugard, was found guilty of negligence and medical malpractice in a tooth extraction procedure that led to Keller's death. Keller had an immune system condition which made him ineligible for any type of surgical procedure. Flugard was aware of Keller's condition, yet decided to remove his wisdom teeth anyway.
On the morning following the procedure, Keller's throat swelled and he struggled with his breathing. Shortly thereafter, he suffocated to death. He was 21 years old.
We rely on medical professionals to offer us sound judgment about the risks of potential medical procedures we may opt for. When their recommendations go against sound medical practice, they are acting in a negligent manner and are guilty of medical malpractice. When you sustain a serious injury as a result of this malpractice, you are entitled to receive compensation for your damages. It is important to consult an experienced medical malpractice attorney to ensure that you receive a fair and appropriate settlement.
If you have a medical malpractice claim in the New York metropolitan area, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.
Labels: medical malpractice, wrongful death
Man Dies Due to Delayed Treatment after Motorcycle Accident
A 69-year-old Japanese man was turned aside by 14 hospitals before finding a one that would treat him after being involved in a motorcycle accident. The man was riding his bicycle at the time of the crash. The driver of the motorcycle sustained injuries as well but was only denied treatment by two hospitals before one agreed to take him. He is expected to make a full recovery.
Unfortunately, the bicyclist did not fare as well. He sustained severe brain injuries and back injuries in the bicycle accident. While at first it appeared that he would pull through, his condition declined while he was waiting to find a hospital that would admit him. He died shortly after arriving at the hospital.
According to medical experts, the man most likely would have survived had he received medical treatment in a more timely manner. The 14 hospitals that refused to admit him claimed that they were not properly equipped to treat him due to a lack of specialists, equipment, beds, and staff.
This is a very common problem in Japan. In 2007, more than 14,000 emergency room patients were denied treatment by at least three hospitals before finally being admitted by one. In one instance, an elderly woman was turned aside 49 times before finding a hospital to treat her.
In the United States, such actions on the part of a hospital would be unacceptable. In the case of the man on his bicycle, the 14 hospitals who failed to admit him would all be liable for medical malpractice and possibly wrongful death.
When delayed treatment by a medical facility causes serious complications that otherwise would not exist with prompt treatment, the hospital must be held liable for their negligence. It is important to consult an experienced medical malpractice attorney to ensure that you receive proper compensation for your damages.
If you have a medical malpractice claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.
Labels: brain injury, medical malpractice, motorcycle accident, wrongful death
Massachusetts Doctor Pays $2 Million in Wrongful Death Suit
A Massachusetts jury has awarded the family of Priscilla Jardine $2 million in their wrongful death lawsuit against Dr. Debra Gail Knee, the doctor who delivered her baby in February 2004.
Jardine was given labetalol, a blood pressure medication, during her Caesarean section birth back in 2004. After receiving the drug, the 32-year-old woman's blood pressure reached dangerously low levels, and she eventually went into cardiac arrest. Jardine died shortly thereafter.
The jury found that Dr. Knee was negligent in her decision to give Ms. Jardine the blood pressure medication during the delivery of her baby. Dr. Knee denies all wrongdoing and plans to appeal the verdict.
All too often, doctors and hospital staff are negligent in their treatment of their patients. When this medical malpractice results in the death of a patient, the family of the victim can usually bring a wrongful death claim against the health care professionals to recover damages for their loss. It is important to hire an experienced wrongful death attorney who understands the complexities of these cases.
If you have a wrongful death claim in the New York City area, please contact the Law Offices of Silberstein, Awad, & Miklos, P.C. today to schedule a consultation.
Labels: medical malpractice, wrongful death
National Hospital Death Rates Disclosed
While the death rates for each hospital have been known to board members and doctors of those hospitals, USA Today and the Department of Health and Human Services' Hospital Compare, run by the Centers for Medicare and Medicaid Services (CMS), has made the findings public. Now potential patients and others can see just how their local hospital compares to the national average - or at least the government's best estimates - in the categories of heart attacks, heart failure, and pneumonia. In the past, information only stating how a hospital was performing against the national average was released; there were no numbers.
Many people will agree that revealing the death rates is a good idea. It allows for greater transparency in an area where the public has been ignorant in the past. CMS' Kerry Weems believes this information will not only benefit the communities where the hospitals are located, but will also "encourage hospitals to excel in the quality of care they provide." Rich Umbdenstock, president and CEO of the American Hospital Association, agrees that making this information public is a good thing, too, since most people see the death rate statistics as indicators of how well the hospitals are performing.
However, some, like Jeffrey Kirsch, the chairman of anesthesiology at Oregon Health and Science University, think the information may be misleading. He says it's a good start, but "it is not enough and not the right type of information." Robert Kaplan, Wasserman chairman of the Department of Health Services in the School of Public Health at UCLA agrees with Kirsch. Kaplan believes patients would benefit more from other key indicators that go beyond mortality rates and the methodology that found the averages.
CMS tried to give these standings to the public back in the '90s, but critics complained that the list didn't show who these patients were based on age, economics, and health. The new analysis simply shows some of the most common life-threatening conditions people will seek hospital care for rather than the overall mortality rates of the hospitals. This "strict statistical formula" gives the agency confidence that the average death rates are correct.
The Best
One of the examples used in the USA Today article is Lehigh Valley Hospital in Pennsylvania, which comes in at the top for the country's lowest heart attack death rate at 11.6% on average. Lehigh Valley claims they were using balloons to clear clogged arteries before it became common to do so. Doctors at Lehigh say their attention to detail and teamwork are what help them. They have given paramedics electrocardiograms so they can diagnose heart attacks before patients are at the hospital. This is done so the hospital is prepared for the patient. The attention to detail even goes into the trip from the emergency room to the room where angioplasty will be performed. In the USA Today example, the elevator doors held up the trip for one patient. They realized that if they lock down the elevators, they can take three or four minutes off the time it takes in life or death situations.
The Worst
There are many hospitals that fall short of Lehigh Valley's mortality rate. And this could be for many reasons. Money allocated to the hospital, the general health of the local population, or even the quality of doctors and nurses. One thing found in these numbers is that doctors realize that many patients who see their personal physician for follow-ups may wind up dying because those personal physicians are not up to snuff in some cases. Baylor All-Saints Medical Center in Fort Worth, where heart failure deaths are higher than average, has found this to be the case. Out of 31 heart failure deaths, ten of those occurred in the hospital. This suggested to Baylor's chief medical officer, Paul Convery, that the hospital is responsible for patients even after they've gone home. Baylor has improved and even won this year's National Quality Health Care Award.
However, what this means to the hospital and what it means to patients and their families are two separate issues. Yes, it's good information to have in case someone is in need of hospital care, but just because you're going to the best hospital in the country doesn't necessarily mean you're going to get the best care that specific day (although the chances of you being ignored and left to die in the waiting room are slim). Doctors are overworked, their staffs overworked and underpaid, and HMOs make it hard for all patients to receive quality care. While no one will argue that patients bare much of the responsibility in taking care of themselves to ensure they don't have a heart attack in the first place, it might still be comforting to know we aren't going to wind up as part of the mortality rates because the hospital didn't do its job.
For information on your local hospital, see the HHS Hospital Compare site. And if you are in need of a medical malpractice lawyer, please contact an experienced personal injury lawyer in your area.
Labels: medical malpractice
Overdose of Heparin Given to Newborns
Seventeen babies in a Corpus Christi, Texas hospital's neonatal intensive care unit were given overdoses of the blood thinner heparin over the weekend. Christus Spohn Hospital South discovered the mishap on Sunday, two days after most of the newborns were believed to have been given the drug. President and CEO of the hospital, Bruce Holstein, blames the medical error on the mixing process at the hospital's pharmacy.
So far, twelve babies are in stable condition, three have gone home with their parents, one was readmitted in critical condition, and one has died. Dr. Richard Davis, chief medical officer for the health system, states that the infant who died was ill and the hospital is unsure if the high dose of heparin played a role in the death.
Heparin is an anticoagulant given to patients to prevent clotting during surgery or during dialysis. Heparin has been in the news several times in the last few months as a result of tainted lots from China, as well as the high-profile heparin overdose given to actor Dennis Quaid's newborn twins November.
If your newborn has been given an overdose of medication while still in the hospital, please contact an experienced injury lawyer in your area.
Labels: medical malpractice
Gadolinium/NSF Link
A common dye used in magnetic resonance imaging (MRI) has been linked to a potentially fatal disease for patients suffering with kidney problems. The dye is a gadolinium-based product, and the FDA issued an expansion on the black box warning earlier this year, stating that even a single exposure could cause nephrogenic systemic fibrosis (NSF). Gadolinium is a magnetic ion and used in MRIs to help increase the usefulness of images by binding to different tissues.
NSF is not understood very well by doctors and scientists at the moment, but it causes a condition where the collagen in the skin builds up causing the skin to become hard and "marble-like." Collagen may also build up in the lungs, heart, and liver and can cause death. This is an excruciatingly painful condition. Nearly all cases of NSF have been linked to the patients' exposure to gadolinium dyes and have occurred within three months of the initial exposure.
Though the FDA has not approved any other dyes used for multi-purpose MRIs, a black box warning is the strongest warning taken before a product is banned.
Lawsuit Expiration
According to Beth Klein, an attorney who deals with gadolinium toxicity lawsuits, time may be running out for those seeking compensation. The first set of statutes is set to expire this week, Friday, June 6th. She states that after this date, many individuals will lose their legal rights to file, may have their compensation amount diluted, and some cases may be time barred.
You may want to consider speaking with an attorney if you have received an MRI and are experiencing any of the following problems:
- Burning, itchy, or swollen skin
- Tightening or hardening of the skin
- Red or dark spots on the skin
- Yellowing of the eyes
- Stiff or swollen joints
- Loss of movement
- Pain in the ribs or hips
- Muscle weakness or fatigue
Even if you have not received an MRI due to renal problems, if you or a loved one is experiencing any of the side-effect linked to gadolinium toxicity, see a doctor immediately. Also, please contact an experienced injury lawyer in your area as soon as you can to file a claim.
Labels: defective product, medical malpractice
Family of Woman Injured at Hospital Files Suit
Nine months after going into Beaumont Hospital in Royal Oak, Michigan for a heart catheterization, 74-year-old Rosa Kashat is still there. A lawsuit filed by her family alleges that Kashat fell off a table and suffered a serious head injury and "other sever damage" while she was there. Her son, Safa, says that she also broke her ribs and her hip, and had to have her spleen removed.
Beaumont Hospital has apologized and taken responsibility. In a prepared statement, the hospital regrets the injury and will continue to care for Kashat at no charge. However, the family wants more than free medical care for Kashat. They are working to get the hospital incident report to find out exactly why Kashat fell off the table in the first place.
A court will decide on if this case is malpractice or neglect.
If a loved one has suffered injuries due to medical malpractice or neglect, please contact an experienced injury lawyer in your area. Labels: medical malpractice, medical negligence
Med Mal Claim Targets Meridian Village Care Center
The estate of Irmona Browning filed a medical malpractice suit against Meridian Village Care Center in Madison County (Illinois) alleging they violated the Illinois Nursing Home Care Act. The claim states that Browning fell on two separate occasions, just hours apart where she sustained permanent injuries. Browning suffered a fractured right humerus causing "marked deterioration of her prior physical condition." She also fell out of her wheelchair in the nursing home hallway less than two weeks later, breaking her left humerus head. Browning then had to pay large sums to cover medical expenses and allegedly suffered pain and anguish associated with her injuries.
The claim further alleges that Meridian Village breached its duty to provide Browning's care by negligently:
- Failing to provide adequate personal care and supervised nursing
- Failing to report Browning's injuries in a timely manner to the Department of Public Health
- Failing to observe changes in Browning's condition to determine the amount of care required and the need for further medical evaluation and treatment
- Failing to provide Browning with the necessary services and care to attain or maintain the best physical, mental, and psychosocial well being in accordance with her plan of care
- Failing to take necessary precautions to assure the environment around Browning remained free of accident hazards and failed to give her adequate supervision and assistance to prevent accidents
- Failing to notify and consult with Browning's next of kin and physician regarding "significant deterioration" in her physical, mental, and psychosocial status, and the injuries she sustained in her falls
- Failing to care for Browning in a manner which maintained and enhanced her quality of life and her dignity
- Failing to ensure sufficient staff were on duty at all times to meet the needs of Meridian's residents
- Failing to prepare and implement written policies and procedures covering all services in compliance with the Illinois Nursing Home Care Act
Browning's estate is seeking damages in excess of $100,000, plus the suit's cost.
If your loved one has suffered negligence or poor treatment after suffering an injury in a nursing facility, please contact a personal injury lawyer in your area with experience in medical malpractice cases. Labels: medical malpractice, medical negligence
Wrongfully Terminated Paramedic Reinstated by Judge
An Eagle Mountain, Utah paramedic was ordered reinstated and to be given back pay after he was fired in March. Bryan Miner had reported cases of possible medical malpractice and sexual harassment to his superiors and was allegedly let go for blowing the whistle.
City attorney, Jerry Kinghorn told Judge Dennis J. Fuchs that Miners was not only lying, but was "reckless with the truth" when he came forward. The city now has 30 days to appeal the judge's ruling. Miner has said he will "hold off" to see how Eagle Mountain wants to handle him. Linda Peterson, spokeswoman for the city, said she expects Miner to be greeted hospitably when he returns to work due to city policy.
While Miner was not present for the case of possible medical malpractice or the sexual harassment incident, both alleged situations were brought to his attention. In the medical malpractice case, paramedics responded to a call of a patient who may have suffered a heart attack or stroke. An aspirin was administered by the crew, but one of the paramedics in attendance thought the man was exhibiting signs of a stroke and not a heart attack. While an aspirin may help those suffering from a heart attack, it can harm those who are having a stroke. It was determined later that the man had a brain tumor. Nevertheless, the paramedic who was concerned that the aspirin had been given, even though there were indicators that the victim may have had a stroke, told Miner about it.
In the case of sexual harassment, a female employee told Miner in confidence that she was repeatedly sexually harassed by a captain of the fire department. Miner took her story to his superiors and the captain later resigned his post.
City's Response
City attorney Kinghorn argued that Miner had made many false claims, but the city chose to focus only on the potential medical malpractice and alleged sexual harassment. Kinghorn claims Miner made up the sexual harassment claim in order to get someone in trouble. However, Judge Fuchs heard testimony earlier in the day from the female employee and said it was "clear" she had been sexually harassed. Kinghorn also argued the aspirin claim was false and that a doctor had said later that it was appropriate treatment given what was known at the time.
Judge Fuchs found that Miner not only told the truth, but was required to let his superiors know due to city policy about both incidents.
If you or a loved one has been wrongfully terminated from your job because you let your superiors know what was going on, please contact a lawyer with experience in wrongful termination cases in your area. Labels: medical malpractice, sexual harassment, wrongful termination
Government Admits Negligence in Cancer Death
A federal judge ruled in March that an illegal immigrant who was being held in custody in San Diego died as a result of denial of medical treatment, and that this was "beyond cruel and unusual punishment." Francisco Castaneda, 36, was placed in immigration custody after serving an eight month prison term in 2005 for possession of methamphetamine with intent to distribute.
While in custody, he began to complain of a growing, painful lesion on his penis. According to government records, during Castaneda's 11 month detention, he was given pills to deal with the pain, but the lesion was never biopsied, though this had been recommended by several doctors. However, one doctor at the Division of Immigration Health Services said the agency thought of the removal of the lesion "an elective outpatient procedure" and would not admit Castaneda. Castaneda was released last year, but died in February of metastatic squamous cell carcinoma.
Squamous Cell Carcinoma
Squamous cell carcinoma (SCC) is one of the most common forms of skin cancer usually affecting sun-exposed skin of middle-aged or elderly people. In geographic areas where there is a high amount of sun exposure, SCC is even more common. While most SCCs can be removed easily by a physician, and is thought of as a minor surgical procedure, larger areas may require radiation therapy and "aggressive surgical management." Those who have a high risk of getting SCC also have a higher chance that it will metastasize and require careful monitoring.
Admission of Fault
Last week, the federal government acknowledged it was at fault for Castaneda's death due to refusing him treatment. His family filed a lawsuit for medical negligence, which the government agrees with. An attorney for the Castaneda family said, "The United States' admission of liability is a recognition that they have no defenseβ¦for medical negligence and wrongful death." The maximum damages carried by the claim are $250,000.
Because this country is polarized on illegal immigrants, especially illegal immigrants who are imprisoned for drug dealing or possession, it is easy to forget that they are also people who deserve the right to see a doctor when they are sick. Denying them this basic right does not make us a better, stronger nation. If anything, it shows us as a scared, xenophobic, and uncaring people who would rather see people like Francisco Castaneda die than show them compassion. Even the government admits it was wrong in this case.
If you have lost a loved one due to medical negligence, please contact an injury lawyer with experience in the fields of medical malpractice and wrongful death. Labels: medical malpractice, medical negligence, wrongful death
Number of Children Harmed in Hospitals Higher than Originally Thought
The National Initiative for Children's Healthcare Quality reports that o ne out of every fifteen hospitalized children is harmed by accidental overdoses, bad drug reactions, and mix-ups with medicine. This is much higher than previously reported; prior reports showed two out of every 100 children are harmed, but the rate has gone up to 11 for every 100 children. Based on government data, this is 7.3% of hospitalized children, or roughly 540,000 a year.
TriggersΒ Β Β Β
The traditional way of reporting hospital errors with children includes those hospitals voluntary reports and "nonspecific patient reviews." Reliance on hospital staffers voluntarily reporting problems showed less than 4% were detected. The current study which randomly reviewed 960 medical charts for children at 12 children's hospitals nationwide, but some believe the problem to be much worse than it has been reported due to the selective nature of the charts. For example, the study did not take into account general community hospitals where a majority of children are admitted.
The new method of monitoring which was developed for the study showed a list of 15 "triggers" on children's patient charts including use of antidotes for drug overdoses, lab tests, or side effects that seem suspicious. Triggers listed include:
- using vitamin K as an antidote for an overdose of Coumadin, a blood thinner
- a blood test showing insulin overdoses
- using a drug called naloxone for overdoses of painkillers and morphine
- a lab test identifying blood clotting problems from an overdose of heparin (a drug that has seen its share of problems lately)
The study showed that 22% of the problems were preventable and that most were mild cases. None caused permanent brain damage or death, but there were some that showed potential to cause serious harm.
Actor Dennis Quaid and his wife Kimberly have been in the news recently for the heparin overdose their twins suffered soon after they were born. Their public hospital error is one of the stories that has pushed this story and helped the media to take notice. While their children are fine today, Quaid's advice for parents is that they ask attending doctors and nurses what medicine their children are getting and why.
If your child has suffered an injury due to hospital error, please contact an injury lawyer in your area. Labels: medical malpractice, medical negligence
New Spokesperson to Warn about Medical Errors?
Last year, actor Dennis Quaid's newborn twins were given an accidental drug overdose by hospital staff. According to Quaid, the drug heparin "basically turned their blood to the consistency of water." Heparin is an anti-coagulant given to patients during surgery or kidney dialysis. Cedars-Sinai Medical Center in Beverly Hills gave Quaid's two week old twins a thousand times the recommended dose of the drug.
Last Sunday, Quaid discussed the experience with 60 Minutes, and it seems he is on the "warpath" against mistakes made in hospitals. Quaid quoted statistics released in 1999 by the Institute of Medicine which showed that nearly 100,000 people die a year because of hospital errors. He further quoted the IOM study, saying, "[G]ood people are working in bad systems that need to be made safer." He also believes the problem is bigger than AIDS, breast cancer, and auto accidents.
More Trouble for Baxter
While Quaid's twins are out of harm's way now, he and his wife, Kimberley Buffington, are suing heparin's manufacturer, Baxter International Inc. Claiming damages in excess of $50,000, the couple claims that Baxter failed to properly label the vials. They allege that the 10-units-per-milligram vials are almost identical to the 10,000-units-per-milligram vials. Baxter contends that hospital staff should have read the label closer.
This compounds the bad press Baxter has suffered lately. Heparin has most recently been in the news due to a contaminant found in shipments of the drug in the U.S. The contaminant sickened hundreds and has killed up to 20 patients who have taken the drug.
While Quaid and his wife are currently going after Baxter, the fact that Quaid has appeared on a popular television show to rail against hospital errors may bring more focus to a problem that many families are unsure how to deal with.
If you, or a loved one, have suffered due to hospital error, please contact an experienced personal injury lawyer in your area. Labels: defective product, medical malpractice
15-Count Wrongful Death Suit Filed Against Illinois Hospital
In October, 2006, Rosella Beckley was admitted for treatment of a fractured hip at Gateway Regional Medical Center in Madison County, Illinois. After her surgery, she was admitted to the coronary care unit to be placed on a ventilator. According to the wrongful death suit filed by Rosella's husband, Donald, an "improperly manipulated" endotracheal tube changer caused a tracheal bronchial laceration which lead to an anoxic brain injury. This allegedly lead to the death of Beckley.
Because the brain requires a constant flow of oxygen, a disruption can cause a severe injury. While these injuries do not always result in death, the brain is almost never restored to functioning 100% even with treatment.
The complaint states that Beckley's death has caused her family to suffer financial loss and deprived them of the "valuable services" she performed for them. Beckley's husband also claims that funeral and burial expenses have become his responsibility and that Gateway should have to cover them. He is seeking damages of $750,000.
Beckley's Suit Not the Only One Against Gateway
The estate of another family recently filed a wrongful death complaint against the hospital, alleging that in March of 2006 Jill Joshu "was caused to suffer severe injuries and degradation of her health that ultimately lead to her death." The suit further claims that Gateway doctors and medical professionals were negligent in almost every aspect of Joshu's care on the day she died. Health care professionals were not notified of lab results, the physician wasn't notified that she had ceased urinating, and she was given a medication for hypertension called Captopril and potassium while hyperkalemic (elevated potassium levels in the blood).
If you have suffered an injury or lost a loved one due to a hospital's error or negligence, please contact an injury lawyer with experience in the field of medical malpractice or wrongful death in your area.
Labels: medical malpractice, wrongful death
Pharmaceuticals in Our Water Supply
An Associated Press investigation has shown that drinking water supplies in at least 24 major metropolitan areas across the country have trace amounts of a variety of pharmaceuticals in them. These 24 cities supply drinking water to 41 million Americans. While the concentrations are miniscule, with quantities measuring in parts per billion or trillion, the type of drugs found in the water is troubling to scientists. But the question many people are asking, or should be asking, is how these drugs got into the water in the first place.
Over-the-Counter, Into the Water
Drugs like mood stabilizers, anti-convulsants, antibiotics, and sex hormones are in the water. So are acetaminophen, ibuprofen, and even caffeine. How these drugs got into the water supply may seem like common sense at first glance to many: We take the pills, our bodies absorb what they can, and the rest is flushed out of our systems, down the toilet, and into the water, which is then treated for drinking. Though the water is treated before it gets to reservoirs, lakes, and rivers, there are still trace amounts of whatever it is people are taking. Another way is when we flush old unused prescriptions down the drain.
It is reported that researchers do not yet know all of the risks involved with having trace amounts of these drugs in our water supply, and this has scientists worried about the long-term effects on both humans and wildlife. In fact, fish in many of the affected waterways have the pharmaceuticals in them. But so do organisms as far flung as earthworms, sharks, and even vegetables. What this means to the food pyramid remains to be seen, but the EPA has been looking closely for at least a year.
While the animal world may show the immediate evidence of what drug residue in the water can do, there is some worry about how this might affect the young, the elderly, pregnant women, and those whose immune systems are already compromised.
Key Results
- Philadelphia, Pennsylvania - 56 pharmaceuticals found in treated drinking water, including medicines for heart problems, mental illness, pain, infection, high cholesterol, epilepsy, and asthma.
- Southern California - 18.5 million people in have traces of anti-anxiety and anti-epileptic medicine in their water.
- Washington, D.C. metro area - Six different pharmaceuticals found.
- San Francisco, California - Traces of a sex hormone were found.
This is only a partial list. What might be even more disturbing is that of the 62 water providers contacted for this study, only 28 tested their water for this investigation. Major cities left off the list include New York, Boston, Chicago, and Miami. Further areas that have not been tested include bottled water and rural wells. One of the possible reasons for the lack of testing is that the federal government doesn't require it. They also do not require setting safety limits on drugs in the water supply.
Potential Problems
One problem might lie in how these drugs are absorbed into our bodies in the first place. It would be nice to assume that every drug we take is absorbed 100% into our body. However, that doesn't happen. And it leaves one wondering what percentage is absorbed. Seventy-five percent? Fifty percent?
Another problem might be that doctors over-medicate the population. It probably comes as no surprise that some people are given antibiotics for the common cold. And maybe you aren't surprised that some people don't take all of their medicine. Where does the rest of it end up? Flushing them is a direct route to the water supply, and throwing them into the landfill will leech them into the ground, and onward into rivers, lakes, and reservoirs.
Or maybe this is making an ocean out of a water dish. After all, what's one part per billion or trillion? And do the researchers, scientists, and federal government have the means, and the will, to figure out what types of pharmaceuticals and medications are in all waterways and watersheds in the country?
Regardless, if you feel that you, or a loved one, have been harmed by pharmaceuticals or medicine you don't believe you needed to take, please contact an experienced personal injury lawyer in your area to find out what your legal options are. Labels: defective pharmaceutical, medical malpractice, overprescription
Las Vegas Clinic May Have Infected 40,000 with Hepatitis C
A Las Vegas clinic has been accused of reusing single-dose vials and syringes leading to the largest national hepatitis C scare the U.S. has seen. Officials say up to 40,000 people may be at risk for contracting the disease, as well as being exposed to HIV. Since January, six patients have been diagnosed with hepatitis C. Health officials were prompted to investigate due to the high rate of contraction from this one clinic.
The symptoms of hepatitis C may not show up for several years, but it can cause severe liver damage.
The Endoscopy Center gave five of the six infected individuals anesthesia injections on the same day. According to officials who interviewed employees, it was common practice to reuse the single-dose vials. In fact, many said they were told to do this. As a result, health officials, and the Endoscopy Center, are now trying to contact anyone who may have had anesthesia at the clinic. And due to the way hepatitis C is spread, some of the people who have undergone procedures at the clinic fear their entire family may now have to be tested.
Dr. Dipak Desai, the majority owner in the practice, is keeping silent. However, many other health care professionals are speaking out. While it's unknown why basic procedures were not followed at the clinic, many consider greed to be the primary reason. Putting profit ahead of patients is how many doctors who are not part of the Endoscopy Center are explaining it. This is doing little to assuage the anger and disbelief that many are feeling right now.
If you, or your loved one, have been harmed or exposed to a dangerous illness due to negligence, please contact an injury lawyer with experience in medical malpractice. Labels: medical malpractice
Time for a Rewrite?
In 1857, when the Oregon constitution was written, the law claimed that the only way you could recover damages from an assailant was if they injured you, not if they killed you. So, if someone got into a fight over something, it was better to kill the opponent so the attacker didn't have to pay damages. In this way, as the murderer was sitting in prison or getting ready for the hangman's noose, at least he or she could rest assured they wouldn't also have to pay money to the dead person's family. I guess that would be adding insult to injury. The Modern Day Equivalent On February 22nd, the Oregon Supreme Court used the law set down in 1857 to cap non-economic damages in a wrongful death case. They claim this is constitutional. A jury awarded a woman $1 million for the death of her daughter caused by medical negligence. Using the constitution, the Court cut those damages in half. Those who have been clamoring for tort reform for several years will probably look at this case and cheer. It's a victory for them. They claim that limiting what people can recover in cases like this will hold down insurance rates. Yet, Washington, right across the river, has no wrongful death cap, but their insurance rates are similar to those in Oregon. For anyone paying attention, this isn't the first time an argument like this has wound up in the news. The Bush Administration has been pushing tort reform for years. There are many different scenarios that are bandied about which might fall into this subject. And maybe there are reasons why insurance companies, hospitals, and others, believe caps are valid. But tell that to the family of those who have died. This gets into the realm of deciding your loved one is only worth a certain amount, and no more. Is this going to become the law of the land, written down into state constitutions so that in another 150 years, lawyers, judges, and the average Joe will know just how much everyone is worth? Perhaps. Until then, if you, or a loved one, believe you are entitled to damages due to a wrongful death, please contact an experienced injury lawyer. Labels: medical malpractice, noneconomic damages, wrongful death
Pharmacies, Prescriptions, and Mistakes: Who is at Fault?
Last year, a pregnant woman was prescribed the prenatal vitamin Materna by her doctor. According to a federal lawsuit she later filed, Walgreen's gave her Matulane, a drug used in combination with other chemotherapy drugs, and one that hinders cell growth. The lawsuit claims she miscarried two months later after weeks of various symptoms, including lightheadedness, nausea, chills, vomiting and more. The suit further claims that the miscarriage was a direct result of Walgreen's' negligence, and she and her husband sought damages of $75,000.
The Question of Blame While cases of pharmacies prescribing the wrong medication pop up here and there, the question of who is to blame and why did it happen is never far behind. First of all, why was this error made? Sure, Materna and Matulane both begin with the same three letters, but how could someone mistake a prenatal vitamin for an anticancer medication? And is there any sort of fail-safe in case this happens? Is one person behind the counter at the pharmacy and are they so busy they rush through the order? Can't they read the doctor's penmanship? Is this a case of medical malpractice? There are literally dozens of hypothetical questions one can ask. Still, who is to blame? For better or worse, we put our trust in the hands of pharmacists and pharmacies across the country. We assume they'll be able to fill the prescriptions we need correctly - and perhaps this assumption is our fault. However, when one of them makes a truly horrible mistake like Walgreen's did, we cast about looking, not only for answers, but blame and justice.
This is Where the Lawyers Come In Lawyers are there to serve their clients and help guide them through the often confusing aspects of the law. The Walgreen's lawsuit was settled confidentially. Thus, only those involved know the outcome and where any blame was assigned - or even if blame was assigned. And yet....
How and Why is the Settlement Any of Our Business? Well, for starters, it's probably in the interest of safety to find out if this was just one tragic mistake, or if there is a pattern. Most big stores have a pharmacy, and with scores or hundreds of Walgreen's across the country, the chances that a mistake here and there becoming a pattern increase. Another reason these settlements should perhaps be transparent is that it looks like the law is protecting the big-box stores over the safety of the public. Yet, there is always the issue of the payment of damages, and if the idea is simply to embarrass some of the nation's biggest retailers, then there are other ways of going about this. Publicity is always important, especially when the big stores insist on being portrayed in a positive light. There is a contract that will come up and we must abide by this contract, even if it means the case is shrouded in secrecy.
Public Knowledge of Pharmacy Errors Vs. Protection of Big-Box Store Reputations
I suppose it's up to the law. I suppose that some people have a flicker of national pride that our pharmacies are much better than, say, Chinese toy factories will ever be. However, as a consumer, you have the right to get the proper prescriptions without having to worry about mistakes that might harm or kill you or your family. If something like this happens to you, you have legal recourse. By contacting an experienced injury lawyer, you can get good advice on how to best pursue damages. Don't let the fact that you're up against giants deter you from pursuing justice. Labels: damages, medical malpractice, prescription error
John Ritter's Family Seeks $67 Million
Last week, we blogged about the malpractice suit John Ritter's family filed in California. Well, the medical malpractice suit has reached the court. Ritter's family is seeking $67 million from the two doctors they claim are responsible for Ritter's death in September 2003. They are also seeking damages of $14 million from the hospital, Providence St. Joseph Medical Center in Burbank, and several other medical personnel. Why? Because this is the amount the family determined Ritter would have made had he not suffered an aortic tear. According to family attorney, Michael Plonsker, ABC and Touchstone Studio executives will testify that Ritter's show, Eight Simple Rules for Dating My Teenage Daughter, could have run for several more seasons and made millions more dollars. Of course, that's all speculation. However, this certainly raises an interesting point. When it comes to damages, just how much are families willing to accept? How much are our loved ones worth? Granted - the average person probably won't earn as much as John Ritter might have earned. But does - and should - that make a difference? When the government and some doctors want to put caps on malpractice and wrongful death suits, are they also capping how much pain and suffering families are supposed to feel? And had Ritter lived, should the family still be able to sue for a misdiagnosis (aortic tear versus heart attack)? While Ritter's lawyers fight it out publicly, many more lawyers representing average families will never have that kind of media attention. Still, this doesn't mean your lawyer isn't going to fight for what you deem to be your due. If you feel you have a medical malpractice or wrongful death case, be sure you speak to an experienced malpractice lawyer. Labels: damages, medical malpractice, wrongful death
Inquest: Criminal Negligence Responsible for Delivery Room Death
A woman who died in May 2004, three hours after giving birth to her son, because a nurse attached the bag of anesthetic for her epidural to a line going to her arm rather than to her back, was the victim of "gross negligent manslaughter" according to an inquest recently concluded on the tragedy. The finding was that the wrongful death was due not only to the mistake in attaching the bag, but in the failure to properly check it, which the husband said could have been done at any of six different opportunities, but was not. The nurse testified that she thought she had connected either saline or a blood volume expander to boost the woman's blood pressure. Not only is the nurse liable for her criminal medical malpractice, but the hospital as well, which admitted to a chaotic storage of drugs that may have led to the pharmaceutical error. Similar but non-fatal misconnections occurred at the hospital in 1994 and 2001. If you have lost someone you love as a result of a delivery room error in Chicago, contact experienced medical malpractice lawyer Barry G. Doyle at the Law Offices of Barry G. Doyle, P.C. for a free initial consultation. Labels: hospital misconduct, medical malpractice, wrongful death
Medical Malpractice Lawsuit Filed in John Ritter's Premature Death
When John Ritter died unexpectedly at the young age of 54, the world mourned an actor who was famous not only for his television comedy work on the hit Three's Company and its less popular spin-off Three's a Crowd, but also for his ubiquitous presence in TV and movies, with guest spots on everything from Hawaii Five-O to Felicity to Scrubs. And it seems that his death was not only unexpected, but unnecessary as well, or, at least, that is what his widow is trying to prove in her wrongful death lawsuit against doctors at the California hospitals where he was treated. Her hope is that penalizing the doctors for their medical malpractice in his case, to the tune of $67 million in damages, will both further publicize his condition to help future sufferers and keep the doctors accountable for following-through on recommended treatment. When Ritter went to the hospital after suffering severe nausea, vomiting, and chest pain on his daughter's 5th birthday, an emergency room doctor recommended a chest x-ray. However, none was performed, and instead his cardiologist, thinking Ritter had suffered a heart attack, prescribed anticoagulants, which could only have worsened his condition, an aortic dissection, a tearing of the inner layer of the aorta, the primary artery by which blood is conveyed to the body from the heart. The lawsuit contends that if a chest x-ray had been performed, the condition might have been identified. Medicine is a tricky business, and doctors unfortunately make mistakes all the time. However, there is no excuse for doctors jumping to conclusions without following through on necessary diagnostic tools. If you have suffered or lost a loved one as a result of a doctor's carelessness or failure to diagnose your condition, you need an experienced medical malpractice attorney. In Phoenix, Arizona, contact the law firm of Snyder & Wenner, P.C. for a free initial consultation. Labels: medical malpractice, medical negligence, prescription error, wrongful death
Ohio Doctors May Be Protected from Med-Mal Cases
As a result of an Ohio Supreme Court decision last year, doctors and other private practitioners can be granted immunity from lawsuits such as medical malpractice if they are employed by the state even on a part-time basis. Now, the family of a man who choked on his vomit, suffering brain damage and eventual death as a result of oxygen deprivation, must sue the state if they wish to recover damages for medical bills, funeral expenses, and mental suffering. The wrongful death claim is very modest, just $25,000, considering what the family has gone through. The two doctors who were responsible for the man's post-surgical care were "careless" and "negligent," according to the suit, but because of their employment by the state as teachers of general surgery at the Ohio University College of Osteopathic Medicine, they may not be liable for the suffering caused as a result. Instead, the Ohio Court of Claims must first make a decision on their immunity status. If the doctors are granted immunity status, the suit will fall on Ohio University. The family has also filed a case against the doctors' private practice to be pursued if the Court of Claims decides they are not immune. If you have lost someone you love as a result of medical malpractice in Ohio, contact the experienced medical malpractice attorneys at Robert W. Kerpsack CO, LPA, for a free, personal consultation. Labels: medical malpractice, Ohio
Medical Malpractice Claims Drop in Ohio, Legislators Try to Take Credit
A report by the Ohio Department of Insurance says that medical malpractice claims in Ohio dropped by 20 percent in 2006 from 2005. The report says that there were 4,006 medical malpractice claims filed in the state in 2006, down from over 5,000 the year before. Lawmakers are cautious, but hope that the drop is the beginning of a pattern of results from a set of laws passed in 2003 by the Ohio legislature to cap the amount of money allowed to be paid for pain and suffering and to restrict frivolous lawsuits against doctors. The effect does not seem tied to the cause cited, however. The cap did not reduce the amount paid on claims, which increased from $269,000 to $288,000 from one year to the next, nor did restrictions on frivolous claims change the settlement rate, which did not change, since in both years four out of five claims ended without payment. No one knows what the cause of the deviation is, but the restrictions definitely seem geared to protecting doctors and insurance companies at the expense of people suffering as a result of doctors' mistakes. If you or someone you love has been injured by the negligence of a doctor, you need the help of an experienced medical malpractice lawyer. In Columbus, contact Robert W. Kerpsack for help in your uphill fight against the big companies and the legislature. Labels: medical malpractice, Ohio
US Pays $750,000 for Woman's Death at Naval Hospital
The Federal Government accepted a $750,000 settlement in the medical malpractice case of a woman who died after receiving eight surgeries at the Jacksonville Naval Hospital in just over a month in 2005. In the wrongful death suit, the woman's family accused the Navy of doctor error and failure to transfer her to another facility. The woman arrived at the hospital complaining of stomach pain, then died of a blood infection. This is only the latest case to be settled at the facility with one of the highest per capita malpractice rates of any hospital in the country. This case follows over $70 million in payouts from the hospital in 2005 for a half-dozen cases, including several wrongful deaths, and precedes five more pending malpractice cases against the military hospital. If you or someone you love has suffered as a result of the substandard care at this or any other US government institution, contact Fuller & Fuller, a family of lawyers with years of experience. Labels: hospital misconduct, medical malpractice, military, wrongful death
Record $22-million Verdict in Chicago Malpractice Case
A Cook County jury has awarded the largest ever medical malpractice verdict for the wrongful death of a woman to the family of a 34-year-old woman who died in 2003 from complications at a Chicago-area hospital, St. Francis Hospital in Evanston. The jury awarded $22 million dollars in support of the claim by the woman's family the woman suffered a massive brain hemorrhage as a result of the staff's negligence in improperly treating her high blood pressure during labor. The woman was placed on a ventilator and died four days later. The baby was delivered by Caesarean section and survived, fortunately without birth injury. According to arguments by their attorney, the condition could have been controlled with proper medication, and the failure resulted from hospital personnel's failure to follow their own procedures. The finding was against the hospital and the doctor. The hospital, refusing to acknowledge responsibility, said it would pursue an appeal. If you have lost someone you love as a result of the negligence of the staff at a Chicago-area hospital, contact experienced medical malpractice attorney Barry G. Doyle at the Law Offices of Barry G. Doyle, P.C. Labels: chicago, hospital misconduct, medical malpractice, medical negligence
New Technology May Prevent Prescription Error
FDA statistics indicate that more than one person per day dies in the US as a result of a medication error. Whether the prescription error is giving the wrong dose of a medication or giving the wrong drug entirely, the results can be equally lethal. ValiMed is a new tool developed by the CDEX corporation in Kansas City to prevent just such errors. The machine works by shining an ultraviolet light on the drug, then reading the fluorescent glow given off by the drug in response to the light. The fluorescence is dependent on the chemical structure of the drug, so it is 100 % distinct for every drug, and the machine can identify the drug in question in 30 seconds. For now, the technology is in its development stage, and has only been programmed to recognize high-risk IV medications, but the hope is that it can be expanded to work with all drugs, and then used at bedside to reduce prescription errors taking place in hospitals. According to a University of Utah pharmacist who is testing the machine said, "The goal is zero patient errors for all of this." Unfortunately, the technology is in place in only 12 hospitals nationwide, and therefore cannot protect most people from deadly prescription errors. If you have lost a loved one as a result of a prescription error in Pheonix, contact the experienced medical malpractice lawyers at Snyder & Wenner, P.C. who will listen to your case and take up your cause. Labels: medical malpractice, prescription error
For those who suffer medical malpractice, sometimes not even a lawyer will help
I have written before about not all complications as a result of surgery being malpractice. However, one sad feature of our current medical system is that it often doesn't matter whether a person's suffering is caused by medical malpractice or not, it is sometimes impossible to recover damages. Consider the case of an Atlanta woman who had a hysterectomy, a laparoscopic procedure that normally takes about a week to recover from. However, as a result of complications from the procedure, she is still recovering four months later, having spent thousands of dollars out-of-pocket and lost thousands more in wages. The complications are as a result of an expected complication of the surgery, a routine surgical error, the nicking of the ureter, the tube that carries urine from the kidney to the bladder, during the surgery. In many countries, the national health care system takes care of people even when complications arise during surgery. In New Zealand, Sweden, or Canada, the woman's expenses would be covered, both those incurred as a result of the surgery and as a result of the unforeseen complications. However, in the United States, where every medical expense comes out of pocket even when you are insured, the woman's only viable option is filing a lawsuit for compensation. In malpractice and defective drug cases, the legal tort portion of the system is often the only one that seems to work consistently. But not always. When this woman consulted with personal injury lawyers, she found that she had fallen into an unfortunate gap in the only thing we have resembling a safety net. Lawyers refused to take her case because her damages were too low. To personal injury lawyers, $50,000 is a pittance, not worth pursuing. Unfortunately, for most people $50,000 is an unbearable expense. It can wipe out savings, forcing a person to get an additional mortgage, if they don't already have one in this bad mortgage market. If we are seriously considering tort reform, one portion of the reform must work to close this gap, the gap between what most people can afford to pay in the event of medical complications, and what personal injury lawyers are willing to pursue. In the absence of a true safety net, let's at least make the holes in this one a little smaller. Labels: medical malpractice, personal injury, surgical malpractice
Jury gives woman $2.5 million for misdiagnosis, 9 years of HIV treatment
A Boston, MA jury awarded $2.5 million in damages to a woman who was told she had the HIV virus, then underwent treatment for almost nine years before learning she never contracted the virus. As a result of the potent cocktail of dangerous drugs she took to kill the virus she never had, the woman suffered numerous side effects, including depression, fatigue, loss of weight and appetite, and inflamed intestines, all of which no doubt confirmed the AIDS hypothesis in the minds of doctors and nurses. However, what makes this case of medical malpractice so grievous and why the punitive amount in this case is far too small, is that the misdiagnosis was made on purely anecdotal evidence, and never once, during almost nine years of treatment, was the women given definitive tests to confirm the presence of HIV. The doctor claims that the woman said she had worked as a prostitute, that her partner had AIDS, and that she had suffered three bouts of a type of pneumonia commonly found in AIDS sufferers. In addition, the woman had elevated counts of immuno-response cells in her bloodstream. The woman denies she was a prostitute, does admit that a former boyfriend tested positive for HIV/AIDS, and it seems unlikely that the woman said she had suffered bouts of Pneumocystis pneumonia. But none of this is particularly important, since even if a woman was a prostitute and had bouts of Pneumocystis pneumonia, somewhere in nine years of treatment, a definitive test should have administered. Even if doctors wanted to begin the treatment immediately to aggressively combat the virus, when blood monitoring began and showed no presence of the virus, someone should have taken Othello's advice and said, "Be sure of it ; give me the ocular proof." Not to administer the test is a gross example of medical negligence. Although doctors often have to make judgment calls where evidence is incomplete and action must be taken immediately to save a life, whenever possible, medicine should fall back on its basis, which is science, not art. Doctors should not turn a lifestyle or a social background or an ethnicity into a diagnosis, and when they do this, they should be severely penalized for their medical malpractice. If you have gone to a doctor and received treatment based not on medicine, but on the doctor's personal biases about your race, sex, or lifestyle, contact the experienced medical malpractice attorney, Barry G. Doyle, in Chicago, for a consultation. Labels: hospital misconduct, medical malpractice, medical negligence, misdiagnosis
|