November 7, 2009
A Minneapolis woman is suing Mayo Medical Laboratories after she terminated a pregnancy based on misinterpreted test results.
According to the lawsuit, Mayo Medical misread an amniocentesis and advised the woman that her child would be born with Down syndrome. The woman claims that she was told that the test revealed that her baby had “an abnormal result for chromosome 21, ‘consistent with Down syndrome’”.
Based on this news, the woman made the decision to have an abortion. An autopsy performed on the fetus after the pregnancy was terminated, however, revealed that the baby did not have the condition and was, in fact, healthy.
After the truth was discovered, the medical lab re-examined the test slides and ran the test again, discovering that there was a contamination error in the first one.
The victim is asking for $75,000 in damages.
It is disconcerting to know that something as simple as misread test results can result in a life changing event or mistake. If you have suffered injury as a result of a doctor misinterpreting your test results, you have the right to seek justice for your injuries, pain and suffering. Speak to a skilled medical attorney to discuss your options.
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Medical Malpractice | Tagged: medical attorney, medical malpractice lawsuit, misdiagnosis, test contamination error | 
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Posted by Dave Austin
November 5, 2009
The son of an 83 year old West Virginia woman has filed a wrongful death lawsuit claiming she died as a result of injuries suffered after falling out of her hospital bed.
Richard Hornick’s mother, Mary, passed away just months after she fell from her hospital bed while she was a patient at the Thomas Memorial Hospital. His lawsuit claims that her fall was as a result of the negligence of hospital staff.
On December 8, 2007, while Ms. Hornick was an inpatient at the hospital, she was not properly monitored by staff and tumbled from her bed as a result. The fall caused severe bruising, cuts on her head and arm and a hematoma. The lawsuit claims that Ms. Hornick should have been monitored more closely because she met the hospital’s high-risk category.
Six months later, the victim died at a nursing facility. The cause of her death was determined to be primarily due to dementia, but the secondary cause was listed as a cerebrovascular accident, in other words, the fall.
Hospital falls can be so dangerous that the FDA has released a guide to hospital bed safety.
Know someone who suffered after a dangerous fall from a hospital bed? You should also know your rights. A medical attorney can explain them to you.
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Medical Malpractice | Tagged: medical attorney, medical negligence, nursing home malpractice, Wrongful death lawsuit | 
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Posted by Dave Austin
November 3, 2009
Victory was had in the medical malpractice case involving an Ohio woman who suffered brain damage following a small outpatient surgery in 2007.
59 year old Sally Clawson went in for a simple 30 minute laser procedure on her back on March 2, 2007. Shortly after the surgery, Clawson began complaining of pain. At that point, she was given 20 mg of morphine followed almost immediately by 20 mg of Valium. According to court documents, this combination can cause severe respiratory problems.
After the double dosage of pain medication, Clawson began vomiting and was subsequently given even more medication. Shortly thereafter she became “nonresponsive to verbal stimuli” and during the next hour drifted in and out of consciousness. At that point she was intubated to allow her more oxygen into her lungs.
But it was already too late. Clawson had already suffered irreversible brain damage that could have been avoided, the lawsuit claims, had she been intubated a mere half hour earlier.
Clawson now lives with her son, and suffers seizures and difficulty walking. She cannot speak, requires assistance with eating and has such severe short-term memory loss that she gets lost if she leaves her house.
The jury awarded the massive verdict, specifying that it be allocated as follows:
- $4 million for future medical care
- $73,000 for past medical expenses
- $1.25 million for pain and suffering
- $182,000 for future lost wages
- $50,000 for past lost wages
- $500,000 for loss of ability to perform daily activities
- $250,000 for loss of consortium
The trial lasted two weeks and it took the jury only seven hours to reach a verdict.
Source: www.daytondailynews.com
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Medical Malpractice | Tagged: medical lawsuits, medical malpractice case, Medical Malpractice settlement, medical negligence | 
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Posted by Dave Austin
October 27, 2009
The family of a Florida woman who died during childbirth was awarded a verdict of $4 million in her wrongful death lawsuit.
The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth. Jackson died a mere 16 hours after her son was born.
According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.
Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory. The settlement is to be divided between Jackson’s son and her widow.
Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer. This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case. This is why it’s critical to have an experienced medical attorney on your side.
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Posted by Dave Austin
October 25, 2009
A jury in Florida has found in favor of the plaintiffs in their medical malpractice lawsuit against the doctors of Coral Springs Medical Center after their daughter suffered permanent disabilities due to a birth injury.
The parents of Haylee Kroll allege that the doctors in question misdiagnosed their infant daughter’s enterovirus when they advised that the massive bruising seen on her tiny body shortly after birth was “of no concern” and would “fade”. The lawsuit claimed that physicians failed to order appropriate blood and liver tests which would have immediately revealed the dangerous condition.
Enterovirus is relatively mild, but is much more dangerous to infants because of their underdeveloped immune systems. Although Haylee survived, she was left with lifelong disabilities as a result of the delayed diagnosis.
The medical malpractice lawsuit took nearly 13 years to finally conclude because of several scheduling issues and a mistrial along the way. Haylee is now in high school.
It’s important to remember that, as in this case, medical malpractice claims are not always cut and dry and they can take months or even years to finally come to an end. Keep this in mind if you are considering pursuing a medical negligence claim.
Leave a Comment » | Medical Malpractice | Tagged: birth injury, medical malpractice claims, medical malpractice lawsuit | Permalink
Posted by Dave Austin
October 23, 2009
Katherine Anderson is suing Coffee Creek Correctional Facility in Oregon, where she was an inmate in 2007, for medical malpractice after she alleges they ignored her symptoms of congestive heart failure and she almost died as a result.
Although she was seen several times in the prison infirmary, her lawsuit alleges that nurses and doctors there ignored her claims of severe pain and as a result, failed to treat the bacterial endocarditis, a relatively easy to treat condition.
It took the intervention of an outside party for Anderson to receive the treatment she desperately needed, and by that time the disease had progressed to the point that she was experiencing liver and kidney failure.
Three months after arriving at Coffee Creek, Anderson says she discovered a suspicious lump in her abdomen and began experiencing nausea and loose bowels followed by blurred vision, dizziness, shortness of breath and extreme fatigue. Anderson claims that the nurses at the infirmary passed off her symptoms as a variety of conditions, including the flu, anxiety and even menopause.
What Anderson was really experiencing was congestive heart failure. She nearly lost her life before she was taken out of prison for heart surgery.
Anderson and her medical attorney contend that although she did deserve to be in prison and serve her time, she did not deserve to experience the medical negligence that she did. Instead, she emerged from her 26 month sentence with a shortened life expectancy and no chance of having any more children.
Anderson is seeking $2.5 million in damages for her ordeal.
Source: www.oregonlive.com
Leave a Comment » | Medical Malpractice | Tagged: Medical Malpractice, medical negligence, medical malpractice lawsuit, medical attorney | Permalink
Posted by Dave Austin
October 17, 2009
It was revealed last week that a Florida nurse may have exposed thousands of patients to disease and infection in another alarming case of mass medical malpractice.
Broward County Medical Center sent letters to 1,851 patients who were all treated by the nurse advising them that they should all be tested for HIV and Hepatitis B and C after it was discovered that the saline bags and tubing used during cardiac stress tests were reused.
The hospital claims that the risk of exposure is low, but still warns patients to be tested just in case. The nurse in question was reported to the medical board and has resigned.
Perhaps one of the most important parts of this case is the fact that the nurse was reported by a suspicious patient. It only serves to support the importance of being an advocate for your own health care.
If you suspect a doctor or nurse may be committing acts of negligence or is guilty of medical malpractice, you should report them immediately. And if you think you may have been one of the victims, you should also contact a medical attorney to protect yourself.
Source: www.foxnews.com
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Posted by Dave Austin
October 15, 2009
Eileen Kelleher of Harwinton, Connecticut has agreed to a settlement in the amount of $5.25 million after she was forced to have her leg amputated in a tragic case of hospital malpractice. The settlement was reached outside court through mediation.
According to Kelleher’s lawsuit, she underwent elective back surgery in 2005 after which she suffered numerous complications including internal bleeding. During her post-operative care, she lost blood flow to her left leg which led to gangrene.
Ms. Kelleher’s medical attorney claimed that the doctor and hospital staff failed to properly diagnose the blood flow problem in time for her leg to be saved and as a result they were forced to amputate in order to save her life.
Kelleher and her husband filed a lawsuit in 2006 requesting compensation for medical expenses, loss of earnings and pain and suffering.
The hospital is not commenting citing a confidentiality clause that was included in the settlement agreement.
Leave a Comment » | Medical Malpractice | Tagged: hospital malpractice, medical attorney, medical compensation, medical malpractice lawsuit, Medical Malpractice settlement | Permalink
Posted by Dave Austin
October 13, 2009
Two politicians are working hard to get a new bill passed that would essentially overturn the outdated Feres Doctrine and allow members of the military to sue for medical malpractice if they are injured by a military medical professional.
The Feres Doctrine, which has been mentioned here several times in past posts, was passed in 1950 and prevents service members from suing the government for medical malpractice related injuries. It is widely argued that this has made military hospitals and medical centers more dangerous than private facilities because it gives military personnel less motivation to implement higher standards of care and gives them a free pass to act negligently without the fear of being sued.
Representative Maurice Hinchey and Senator Charles Schumer are both working to help pass the Military Medical Accountability Act so that those bravely serving our country will have the same rights as every day citizens and be able to sue for medical malpractice if they are harmed as a result of a military doctor’s negligence.
It is a huge step in the right direction.
Leave a Comment » | Medical Malpractice | Tagged: doctor negligence, Medical Malpractice, medical negligence | Permalink
Posted by Dave Austin
October 9, 2009
An Israeli court has awarded a record high settlement to a 33 year old man who suffers from cerebral palsy. The plaintiff will receive 16 million NIS – equivalent to approximately $4.3 million USD – for his damages after he suffered a birth injury as an infant.
In 1976, the plaintiff’s parents brought him to the Clalit health maintenance organization clinic when he was just three months old because he was suffering from severe diarrhea. After four visits to the facility, the family was referred to Sharon Hospital and then to Rokach Hospital.
Doctors at Rokach conducted several tests on the child and then released him with a prescription for antibiotic and a referral to a family doctor. The following day he became unconscious and was rushed to a different hospital for treatment.
The baby was suffering from severe dehydration which caused him to go into cardiac arrest. He had to be put on an iron lung and remained unconscious for several months, during which time he suffered multiple lung infections and other developmental problems.
Now a grown man, the plaintiff suffers from cerebral palsy as a result of the failed diagnosis and subsequent medical issues and will require constant care for the rest of his life.
It has taken 9 long years of legal battles and several trips to court after the case was appealed more than once. The family is happy that the plaintiff is finally getting justice for what he has had to endure throughout his life.
Here in the US it is highly unlikely that a case this old would yield any results as most states enforce a statute of limitations, or timeframe in which a person is allowed to file a medical malpractice lawsuit. That’s why it’s critical to contact a medical attorney as soon as possible if you suspect your child has suffered a birth injury due to a doctor’s negligence. If you wait too long, it may be too late.
Leave a Comment » | Medical Malpractice | Tagged: cerebral palsy, doctor negligence, medical attorney, Medical Malpractice settlement | Permalink
Posted by Dave Austin
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