Nevada Malpractice Case Receives Second Chance

November 13, 2008

The Nevada Supreme Court recently overturned a previously dismissed case of hospital malpractice being brought by a mother whose infant sustained a severe brain injury during his delivery in 1995.

The incident occurred at Sunrise Hospital in Las Vegas, when baby James Monroe was being delivered via emergency caesarean section.  The surgeon performing the procedure lacerated Monroe’s head with his scalpel causing him to bleed for over an hour.  The baby was then transferred to Southwest Regional Neonatal Center for treatment, but he ultimately suffered permanent brain damage from the injury.

The child’s mother filed a hospital malpractice suit against the doctor, nurses and staff of Sunrise Hospital, which was originally dismissed by the lower court.  On November 7th, however, the Supreme Court reinstated the traumatic birth injury lawsuit.

Source:   www.justicenewsflash.com


Midwife-attended Home Births Under Fire

November 12, 2008

In two tragic cases of nurse malpractice, midwife Kristina Zittle of Virginia Beach was accused of contributing to the recent death of two infants, and has since had her license suspended by the Virginia Board of Medicine.

Zittle was to attend the home births of two babies, one in January and the other in June. Unfortunately in both cases, the mothers were considered high risk and Zittle was not qualified to handle such cases, resulting in the wrongful death of both babies.

One of the mothers was 25 years old and overweight. It was thought that she may have been suffering from gestational diabetes, a serious medical condition that, if left untreated, can cause death or serious injury to both the mother and the baby.

On January 23rd, the young patient contacted Zittle to inform her that her water had broken. More than 12 hours passed before Zittle examined the patient in her office, and ultimately instructed her to return home.

Zittle did not arrive at the patient’s home until nearly three hours following the onset of labor that evening. She then waited another two hours before performing a vaginal exam. The baby began delivering in a breech position, and although Zittle was not qualified to perform such a delivery, she chose to do so anyway. She placed a call to 911, only after the baby was born lifeless. It was later determined that had a caesarian section been performed, the child most likely would have survived.

The second case involves even more egregious behavior. The mother-to-be informed Zittle of the onset of her labor approximately 4 pm, however Zittle did not leave to go to the patient’s home until approximately nine hours had passed. At that point, the infant was stuck halfway out of the womb in a breech position.

Emergency medical crew arrived on the scene prior to Zittle, and called her to ask permission to transport the patient to the hospital. She instructed them not to, but to instead assist the mother in giving birth in the birthing tub at her home. The mother was ultimately transferred to the hospital shortly after Zittle arrived, but unfortunately it was too late. The baby was pronounced dead on arrival.

These are just two situations where inexperience and improper training resulted in gross negligence and wrongful death. Nurse malpractice is just as significant as any other form of medical malpractice and deserves to be closely examined and dealt with. Perhaps if more patients pursue justice when they are victims of such negligence, tragedies such as those described here will be avoided.


$13.5 Million Awarded in MA Medical Malpractice Suit

November 11, 2008

According to the Metrowest Daily News, the family of Amy Altman, who passed away in 2003 while receiving chemotherapy treatments at Dana Farber Cancer Institute in Boston, was awarded $13.5 million in their medical malpractice lawsuit.

Altman, a 40 year old mother from Hopkinton, Massachusetts was being treated at Dana Farber for a cancerous tumor behind her knee. She was receiving chemotherapy every two weeks, rather than the normal once every three week treatments, which was considered experimental.

Although these experimental treatments compromised her immune system, they are not what caused her death. However, her weakened immune system did make her more susceptible to bacteria and infection.

Altman ultimately developed a bacterial infection, which caused her to suffer severe diarrhea, accompanied by abdominal pain and difficulty urinating. She checked into Boston’s Brigham & Women’s Hospital but by then it was too late. Doctors there stated that they could not operate on her because she was so compromised by the chemotherapy.

The chronic diarrhea had been earlier dismissed by doctors at Dana-Farber as a “normal side effect” of the chemotherapy treatments Altman was receiving, and therefore went untreated.

The medical malpractice case was based on the fact that the bacterial infection could have been treated and Altman’s life ultimately spared, with simple tests and antibiotics.

It took the jury in the case only 9 hours to deliberate and return a guilty verdict. The family was awarded $13.5 million for their damages.

Medical malpractice and doctor’s negligence causes thousands of injuries and deaths across the country each year. The tragic case of Amy Altman just solidifies the fact that it is a doctor’s job to monitor their patients and treat infections immediately. Failure to do so can result in a patient paying the ultimate price.

Source:
http://www.metrowestdailynews.com/news/x2137302081/Hopkinton-family-awarded-13-5M-in-Dana-Farber-malpractice-suit


Nurse Malpractice in the News

November 8, 2008

A recent case of nurse malpractice made it to trial, regarding a brain-damaged boy in Wisconsin.

The boy’s parents, Amy and Chad Jelinek, brought the lawsuit in 2006 claiming that their son Laine suffered brain damage during his 2005 birth due to neglect by their nurse and nurse midwife.

Their claim states that when Amy began suffering from complications during the birth process, the medical professionals failed to properly read the fetal monitors indicating that the infant was in distress, thereby causing a delay in the delivery of the child.  This delay ultimately caused Laine to suffer brain injuries and left him with cerebral palsy.

The case finally went to trial last month.  It lasted three weeks, during which several medical expert witnesses were called to testify as to the quality of the care and whether or not they believed this was indeed a case of nurse malpractice.

The jury felt it was.  They returned with a guilty verdict and awarded the parents a settlement in the amount of $11.4 million.

The family is said to be relieved at the outcome and that they received some justice for their son, but that the settlement will in no way compensate Laine for what he has lost and what he will suffer with for the rest of his life.

The hospital in question, Gunderson Lutheran Medical Center, released a statement in which they acknowledged that the Jelineks have gone through a difficult time, but that they stand behind the quality of care that they provided.  It is unclear at this time whether the hospital will appeal the verdict.


Medical Malpractice on a Global Scale

November 6, 2008

Malpractice doesn’t just occur in the U.S., but it is something that afflicts many other countries and cultures across the globe.  A recent case hitting the news occurred in Saudi Arabia, as reported by the Arab News, involving a man who spent two months in a coma due to his doctor’s negligence.

Hassan Al-Harithy went in for surgery after injuring his ankle playing football, and went into a coma shortly after being operated on.  The 47 year old father of five informed his doctor prior to surgery that he suffered from high blood pressure and a blocked artery, however the doctor failed to take precautionary measures based on these conditions, assuring the patient that the surgery was too minor to affect him.

Although Al-Harithy has come out of his coma, he cannot speak and requires feeding through tubes.  The family has pursued justice in their malpractice claim, and the court is said to be prepared to issue a verdict within days.

The issue of medical malpractice is not centralized, but rather it is a global epidemic.  It affects patients worldwide, such as Hassan Al-Harithy, and is no less severe in other countries than here in America.  In fact, in many cases it is much worse, as there are often fewer laws and much less stringent regulations for medical practitioners overseas.

Regardless of the country, medical malpractice is real and should be dealt with accordingly.

Source:  Arab News


Medical Malpractice and Infectious Disease

November 5, 2008

One of the lesser known causes of medical malpractice is that of infectious disease. Specifically, it’s a doctor’s failure to recognize, diagnose and treat infectious disease that constitutes medical malpractice. Although it may not be as commonly talked about, it is serious problem in the medical community.

In the case of infectious disease, early diagnosis and treatment can mean shortening the duration of the illness and lessening of the symptoms that the patient suffers from. It also typically means that the patient will recover fully.

Conversely, when an infectious disease goes untreated, the infection continues to thrive within the body, leading to prolonged illness, worsening of symptoms and sometimes even death. It is from these cases that medical malpractice arises.

Among those most vulnerable to infectious diseases are infants, the elderly and people with compromised immune systems.

When a baby is born, their body is not yet capable of fighting off infections because they have not had the chance to develop immunities. Because of this, a mother who has an infectious disease can easily pass it on to her infant during childbirth. Doctors have the ability to check the mother prior to giving birth to determine if there are any infections present. If he or she fails to diagnose and properly treat such an infection, it often results in a clear case of medical malpractice.

The elderly and people with compromised immune systems are also particularly susceptible to infectious diseases, and should be monitored closely and frequently by their doctors. Failure to properly diagnose and treat such infections immediately can cause serious harm to the patient.

Other cases of medical malpractice occur when doctors fail to properly monitor for infectious diseases following surgery, or when the appropriate treatment is not prescribed once a diagnosis of infectious disease is reached.

Medical malpractice cases involving infectious diseases, and the failure to recognize, diagnose and treat them, are more common than many people realize. If you feel that you have been a victim of such a claim, you should consider speaking with an experienced medical attorney about your rights.


Malpractice and Breast Cancer

November 3, 2008

A recent article out of Florida discussed the alarming rate at which medical professionals are misdiagnosing and mistreating breast cancer, and the subsequent rise in number of malpractice claims as a result.  In fact, it is stated that this is the cause for more malpractice claims than any other disease in the United States.

The statistics are nothing short of disturbing.  Out of the 186,000 women diagnosed with breast cancer in 2004, 40,954 died from the disease.  In fact, it is estimated that more than one in ten women will end up with breast cancer in their lifetime.  And although awareness is up, medical professionals still continue to misdiagnose and mistreat their patients at an alarming rate.

Some of the most frequent causes of medical malpractice claims in breast cancer include:

  • Nonperformance of annual breast exams
  • Misidentification of lumps during breast exams
  • Failure to order proper testing such as mammograms, x-rays, MRIs and CT scans
  • Neglect in performing biopsies or diagnosing malignant tumors
  • Failure to identify symptoms or to notify patients of their test results

Any or all of these things can lead to a severe case of malpractice, resulting in injury or possibly death to the patient.

If you feel you have been the victim of breast cancer misdiagnosis or mistreatment, or if someone you love has suffered any of these things at the hands of a medical professional, seek a consultation with an experienced medical malpractice attorney immediately.  He or she can assist you in determining if you have a case, and if so, how to pursue justice.


Medical Malpractice Statute of Limitations at Issue in WV Case

November 2, 2008

A West Virginia man is hoping the state supreme court will reinstate his lawsuit against a doctor who left a blade in his finger during a surgery more than 11 years ago. At issue is the medical malpractice statute of limitations, which in West Virginia is 10 years from the time of the incident.

The blade was left in Paul Forshey’s thumb during a surgery to relieve his carpal tunnel syndrome. It wasn’t until years later during a different procedure that the blade was discovered. Forshey’s attorney is arguing that the treatment during which the blade was discovered fell within the 10 year limit.

Medical malpractice statutes vary from state-to-state, and there are sometimes exceptions. Anytime malpractice is suspected of causing an injury, it’s best to discuss the circumstances with an attorney as soon as possible.


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