Florida Dentist Fined $17,000 for Death of Patient
Even though 90-year-old Charles K. Gaal's dentist, Dr. Wesley Meyers, dropped a tiny screwdriver down his throat in October of 2006, he insisted on returning to Dr. Meyers for care. This lead to his death following another incident with many similarities.
During the screwdriver folly, Gaal was going to have Meyers perform a dental implant procedure that was to secure his lower dentures. When the mini-screwdriver was dropped down his throat, Gaal swallowed it and wound up needing a colonoscopy to have it removed from his large intestine. Meyers assured the Gaal family this had never happened before and would never happen again. This was good enough for Gaal who returned to Meyers in May, 2007.
The second time, Meyers dropped a mini-wrench down Gaal's throat where it got stuck. Meyers tried to perform the Heimlich maneuver, but was unsuccessful. Gaal aspirated the wrench into his left lung and had to have surgery to remove it. According to the Gaal family lawsuit, Charles never recovered and died nearly two months later. The complaint alleges Meyers was negligent and failed to document both situations in Gaal's medical records. He also did not report these things to the state, something required by law.
As a result, Meyers was fined $17,000 by the state and is barred from doing further implants until he receives more training. Speaking for Meyers, his lawyer states he took adequate precautions to protect Gaal, which included having an assistant and a high-suction tool present. His lawyer also stated that Meyers "deeply regrets" this incident and stresses that this truly was an accident.
Dr. Ted Haeussner, president of the Florida Dental Association, states that these types of accidents involving dental tools are rare. He also says that safeguarding the dental patient through the use of rubber dams or gauze placed in the throat will keep them from swallowing any tools. However, these can't be used on every dental patient. The Gaal family believes more should have been done to protect Charles Gaal, and wants the public to know and possibly learn from this tragedy. They also plan on suing Meyers.
If you or a loved one has been injured by a dentist, please contact an experienced injury lawyer in your area.
Labels: medical negligence, wrongful death
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
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 defense…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.
Triggers
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
Transplant Surgeon Allegedly Hastens Patient's Death for His Organs
Ruben Navarro, a 25-year-old who suffered a nerve disease for most of his life, died at the beginning of February while in the operating room at a San Luis Obispo, California hospital. In a criminal complaint against Dr. Hootan Roozrokh, prosecutors allege Navarro's death was hastened by a mix of sedatives usually given to dying patients.
What does not seem to be at issue is that Navarro was dying. However, Dr. Roozrokh, a transplant surgeon, is accused of hastening Navarro's death by telling the nurses to give him a mix of morphine and Ativan, a sedative. Dr. Roozrokh is also accused of injecting a topical antiseptic called Betadine into the feeding tube of Navarro. On top of that, others in the transplant profession are wondering why Roozrokh was even in the operating room while Navarro was still alive. According to Thomas Mone, president of the Association of Organ Procurement Organization, standard practice is "for the surgeon to be outside the operating room until death has been declared."
Consequences
The 34-year-old Dr. Roozrokh, who was trained at Stanford, faces up to eight years if he is convicted. He, of course, has pleaded not guilty. His attorney states the doctor did not mean to hasten Navarro's death. A gag order has been imposed, making any further statements unlikely for the time being.
This case does not just affect the Navarro family, Dr. Roozrokh, and the hospital, but may also affect the way people look at the donor process. Goran Klintmalm, president for the American Society of Transplant Surgeons, worries that the case will be sensationalized by the media, decreasing organ donations, and keeping patients on the transplant wait list that much longer.
Ruben Navarro's mother has filed lawsuits against Dr. Roozrokh and the hospital. The hospital has already settled, but has denied liability. The hospital claims they settled "in an effort to put this incident behind [them] and to hopefully allow [Mrs. Navarro's] healing process to begin."
And in perhaps the saddest part of the case, Ruben Navarro's organs could not be used because they were no longer viable after his eight hour ordeal.
Though this case will perhaps give those who want to donate their organs pause, and make those on the transplant list worry about a lengthened wait, we need to believe that an overwhelming majority of transplant surgeons are good people. We need to believe that hospitals will do everything they can to heal us, or make our suffering as little as possible. While Ruben Navarro was suffering from his disease, adding what his mother sees as a death "without respect and dignity" is beyond the pale.
If you, or a loved one, have been party to a hospital's negligence resulting in the death of someone close to you, you may have reason to file a wrongful death suit. Please contact an experienced injury lawyer in your area to help guide you through this difficult process. Labels: medical negligence, 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
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
Rampant abuse of antipsychotic drugs in nursing homes
In recent years, nursing homes have increasingly turned to antipsychotic drugs as a cost-effective solution to caring for more patients with less staff. As the nursing home industry has moved toward larger institutions with more residents, the managing companies have sought to streamline their operations by reducing the number of staff members. An essential part of this strategy is using antipsychotic drugs to calm and quiet "unruly" patients. About 30% of nursing home residents are on antipsychotic drugs, including about 21% of non-psychotic patients. Why is this the case? There are three main factors. First, it is common for doctors to prescribe antipsychotics Risperdal and Seroquel for off-lable uses, such as sufferers of dementia. Recently, prescriptions for the antipsychotics were also written for depression, confusion, memory loss, and feelings of isolation, many of which are suffered by the majority of nursing home residents. Second, there is the above-mentioned desire of nursing homes to reduce staff, making them willing to do anything that will quiet patients without the need for physical restraints, which often lead to citations. Finally, Medicaid and other federal programs will reimburse nursing home for drugs, often without questioning the need for the prescription. If you have a loved one in a nursing home, it is important that you carefully scrutinize their medications to make sure they are not suffering from this form of abuse. If you suspect they are simply being given medications to keep them quiet, move them to another facility, and contact an experienced nursing home abuse lawyer. In Fort Lauderdale, contact Ellis, Ged, & Bodden, P.A. for a free initial consultation. Labels: medical negligence, misdiagnosis, nursing home abuse, off-label drug use, overprescription
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
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