Medical Negligence – Adding Insult to Injury

December 31, 2008

In a disturbing case of medical negligence, a young boy suffered not one, but two devastating mistakes at the hands of trusted medical professionals.

In 2003, 11 year old Kaleb Davis was transferred to Wake Forest University Baptist Medical Center for treatment after a tree limb fell on his left shoulder.  Doctors initially gave the child a blood thinner called Heparin as part of his treatment.  A few days later, after being alerted that the boy could no longer feel his legs, doctors realized that he had been bleeding through his spinal cord.

Only then was it discovered through hospital imaging that the tree limb had actually damaged the brachial plexus nerves of the spinal cord and that the dose of Heparin initially given to Kaleb was the cause of further bleeding.

In addition to this terrible mistake, the medical professionals then discovered a subdural hematoma in the child’s skull.  It was determined that a halo needed to be placed on the 11 year old’s head in order to stabilize his neck and spine.

Unfortunately, in yet another shocking incident of negligence, one of the four screws used to attach the halo to the skull was screwed in too far.  And not just a little too far.  Imaging revealed that it had been placed nearly ¾ inch too far, equating to about 36 one half turns too many.

The results were devastating.  The screw caused further bleeding in the brain and hematoma, causing the child to suffer a stroke, seizures and the inability to eat or breathe on his own.  The 11 year old boy was discharged to his parents in a diaper and a wheelchair.

Kaleb still suffers debilitating brain injuries from the incidents.  He will likely never be able to live independently or support himself with a regular job.  And almost all of this can be attributed to blatant medical negligence.

Perhaps even more shocking, however, is the fact that the medical staff denies any and all responsibility for essentially destroying the life a young, healthy child.

In late 2007, the trial began against the hospital and medical staff.  Recently, the jury returned a guilty verdict after deliberating only three days.

They awarded Kaleb $10 million and his mother $437,093 for medical expenses.

This is yet another tragic example of how one or two “mistakes” by a doctor or medical professional can have devastating consequences.


Anesthesia Malpractice – A Real Life Case

December 30, 2008

A New Jersey man recently won his lawsuit in a clear case of anesthesia malpractice.

The 44 year old was undergoing surgery to repair a ruptured Achilles tendon when something went terribly wrong.

His claim states that the attending anesthesiologist did not respond to a significant change in the patient’s vital signs during a time period of several minutes.  The patient’s oxygen saturation level declined drastically, from 99% to 59%, resulting in respiratory arrest and ensuing brain damage.

The plaintiff in the lawsuit cites his injuries as permanent and significant.  He says that he now suffers from difficulties with his communication skills and his short-term memory, and is now permanently unemployable.

The anesthesiologist denies any wrongdoing.  The jury, however, disagreed.

The plaintiff won his case and received a settlement in the amount of $2.7 million.


Failed Meningitis Diagnosis Results in Death of Infant

December 28, 2008

In an ongoing medical malpractice lawsuit, Courtney Williams of St. Clair County, Illinois, is seeking justice in the death of her infant daughter Aaliyah.

Williams is claiming that in December 2006, doctors failed to properly diagnose Aaliyah with meningitis, ultimately resulting in her suffering from a cardiac arrest and death.

The doctors named in the suit, Melody Santos, Brian Franks and Christopher Sallee, are accused of negligence for failing to recognize the symptoms of the illness.  The hospital at which the incident occurred, Belleville Memorial Hospital, is also named in the suit for failing to properly train its employees.

The suit alleges that the medical professionals did not perform a complete and adequate medical assessment of baby Aaliyah, and that proper testing was not performed.

Additionally, the suit claims that the endotracheal tube that Dr. Paul Sander attempted to insert into Aaliyah during the initiation of life-saving measures was too large.  The mistake caused the intubation time to be delayed by six minutes.

Had the doctors followed the correct procedures, done a thorough examination of Aaliyah and ordered that the proper tests be performed, the correct diagnosis would likely have been reached and the child’s life could have been spared.

Ms. William’s is seeking a judgement of more than $700,000 in her medical malpractice lawsuit.

We will continue to monitor the progress of the case and report the results here accordingly.


The Truth About Hospital Infections

December 22, 2008

One of the deadliest killers in the United States today is hospital infection.  In fact, over 100,000 lives are claimed each year by the silent epidemic.  That’s more deaths than from breast cancer, AIDS, and car accidents combined.
The numbers are staggering, but perhaps what is more shocking is the fact that the majority of these deaths could have been prevented.
One of the most common causes of deadly hospital infections is poor hygiene on the part of the physicians in whose hands we are placing our lives.  Often the simple act of washing their hands is overlooked, because many doctors believe that using gloves is sufficient.  Unfortunately, this is not the case.  All it does is contaminate the gloves, still risking the chance of passing on deadly germs and infections to the patient.
Changing gloves frequently also reduces the chance of infection, because many surfaces within a hospital are contaminated with bacteria.
When bacteria and germs are passed on to patients, many of whom have lowered immune systems and reduced ability to fight infection, the results can be devastating.  Long-term illnesses and even death can occur, leaving behind shattered lives and broken families.
If you or a loved one has suffered as a result of a preventable hospital infection due to doctor’s negligence, you have the right to fight back.  Speak with an experienced medical attorney who can help you decide what the next step should be in getting justice.


Nurse’s Negligence – A Tragic Error

December 21, 2008

Most people believe they will never be a victim of malpractice – that it only happens to other people.  Unfortunately the Karaus family learned, in a tragic case of nurse’s negligence, that it can happen to anyone.

On March 12, 2007 Omaha resident Jim Karaus was watching television with his wife of 57 years, Mary, when he began speaking incoherently.  He was rushed to Bergan Mercy Hospital with the diagnosis of a minor stroke.

According to court records, a doctor at the hospital prescribed a dose of T.P.A., a drug used to reduce the effects of a stroke.

That’s when things went horribly wrong.

In a clear case of negligence, one of the nurses mistakenly wrote T.N.K. on the patient’s chart.  The seemingly minor error had devastating results.

T.N.K. is a medication used for heart attack patients, not those suffering from strokes.  Shortly after receiving the wrong medication, Jim Karaus’ lungs began to bleed, and he died.  He was 76 years old.

The family has filed a lawsuit against the hospital, but the result is little consolation to Mrs. Karaus.  She said, “Every day, a hundred times a day, you miss him, you know.”

Perhaps the most tragic part about this case is that the patient’s death could have been prevented.  Due to the negligence of a health care professional, in whose hands we place our trust and in some cases our very lives, an otherwise healthy individual lost his life.

If you or someone you love has suffered at the hands of a trusted medical professional, you have the right to seek justice.  Speak with a qualified medical attorney to find out what your next step should be.

Source: KETV.com


Hospital Malpractice Victim Rebuilds Her Life

December 19, 2008

A Brooklyn woman who was a victim of a devastating case of hospital malpractice is now working toward rebuilding her life.

In September, Tabitha Mullings went to Brooklyn Hospital Center with severe abdominal pain.  Doctors dismissed her with a quick diagnosis of kidney stones and promptly sent home.

Mullings later called EMS, who refused to take her back to the hospital, despite her continuing pain.

It turns out she was not suffering from kidney stones, but instead had a severe infection and she ended up going into septic shock.  The infection ultimately led to partial blindness, and the amputation of both of her hands and both of her feet.

Yet, through it all she is determined to get on with her life.  She is now undergoing treatment at the NYU/Rusk Institute for Rehabilitation Medicine.  There she is learning how to walk with the use of prosthetics.

Mullings is currently suing both the hospital and the city for malpractice.


What Information to Gather for Your Medical Attorney – A Checklist

December 18, 2008

If you have been a victim of a doctor or medical professional’s negligence and are ready to seek justice, you need to be prepared.  Before you chose an experienced medical attorney to represent you, there are certain things that you will need to gather to help him or her successfully prove your case.  Here is a checklist of some of the things you will need.

General Information

  1. Name and address of hospital or medical office where the incident occurred
  2. Name, business address and phone number of the doctor or medical professional who caused your injury
  3. Name and address of ambulance service used, if you were rushed to the ER at any point
  4. Name and address of the ER where you were taken
  5. Dates that you were admitted to the ER and stayed in the hospital
  6. Names and business address of all doctors who have examined you after the incident
  7. Names of all people who were involved in the incident
  8. Names and addresses of witnesses to the incident
  9. Dates you missed work because of your injuries
  10. Name and telephone number of each insurance representative you have talked to
  11. List of people you have talked to about your injuries

Documentation

  • Copies of any written statements
  • Medical or disability insurance policy or coverage certificate
  • Other policies, including major medical, hospitalization, veterans insurance
  • All correspondence you have received from the doctor or medical professional in question about the incident or your injuries
  • All correspondence you have received from any insurer about the accident or your injuries
  • Medical bills
  • Receipts for anything you had to buy because of your injury
  • Copies of paychecks, if you have missed work due to your injury

Suffering injury and damages from medical negligence can be a very upsetting and confusing time.  Using this list, and being prepared ahead of time, will make the process of seeking justice go much smoother and give you a better chance of being successful in winning your claim.

See Also: Medical Attorney


Surgical Malpractice – Contaminated Instruments

December 17, 2008

An estimated 20 percent of the more than 30 million surgical procedures performed each year result in infections due to contaminated surgical instruments.  The number of surgical malpractice cases is alarming to say the least, particularly since most of the resulting infections could have been prevented.  Instead, the victims of these tragedies often suffer severe injury and even death.

Surgical devices and instruments are a staple of the operating room and can be used to successfully treat patients and even save lives if they are handled properly.  Unfortunately, all too often improper or inadequate sterilization results in the contamination of the very instruments that are meant to help, and ultimately end up causing irreparable damages.

When surgical instruments are not properly sterilized dangerous bacteria can be introduced into the patient’s body.  Some common types of harmful bacteria include:

  • HIV/AIDS
  • Tuberculosis
  • Hepatitis A, B and C
  • Gastrointestinal and other infections
  • Pneumonia
  • Multiple other infections and diseases

There are very specific and strict guidelines by which medical professionals are expected to abide.  The health and safety of their patients is dependant on the proper decontamination of surgical instruments.  When these guidelines and procedures are not adhered to, the resulting surgical malpractice can be devastating.

Victims of infections caused by contaminated surgical instruments have the right to fight for compensation.  A medical attorney that is experienced in surgical malpractice can help determine if there is a legitimate case and what the subsequent steps would be to pursue justice.


Prescription Drug Malpractice

December 15, 2008

All too often patients find themselves victim of prescription drug malpractice, with terrible mistakes being made at a doctor’s office, hospital or pharmacy, resulting in devastating consequences.

A staggering statistic, the Institute of Medicine of the National Academies reported in 2006 that there were 1.5 million prescription drug malpractice incidents in the US.

The most frequent error performed when it comes to prescription drugs is incorrect dosage amount.

Some other common prescription/medication related errors include:

  • Misdiagnosis of illness, leading to wrong medication prescribed
  • Misinterpretation of medical orders, such as avoidance of certain medications due to allergy
  • Failure to follow or abide by prescription drug recalls

The results of prescription drug malpractice can be manifested as:

  • Stroke
  • Blood clots
  • Paralysis
  • Heart attack
  • Overdose
  • Primary pulmonary hypertension
  • Severe allergic reactionsmed
  • Wrongful death

There are many reasons that prescription drug malpractice can occur.  Shortage of doctors, nurses and hospital staff can leave the door open for tired, overworked medical professionals to make mistakes when they are prescribing dangerous and potent drugs.  The large number of prescriptions being filled each day at the pharmacy can mean cutting corners, rushing and overlooking critical dosage and medical orders by pharmacy staff.

Regardless of the reason, victims of prescription drug malpractice can suffer long term illnesses and even death as a result.  In the case of such negligence, a medical malpractice attorney should be contacted immediately.


Negligence at Blood Bank Leads to Death

December 14, 2008

There is currently a case in front of the Florida Supreme Court regarding the tragic death of a 7 year old boy.  The family’s lawyer is petitioning the court to restore the jury verdict that awarded $8 million in the medical negligence case against LifeSouth Community Blood Centers Inc., a Florida blood bank.

The victim, Chase Fitchner, died 18 months after receiving a blood transfusion with blood tainted with the deadly West Nile virus.

The original ruling was overturned by the 1st District Court stating that the parents did not follow proper procedure when filing their claim.  Medical negligence laws hold that notice be given to the defendant in a lawsuit prior to the suit being filed with the court.  The family’s lawyer is arguing that due to confidentiality laws, the family was unable to obtain the appropriate documentation prior to filing suit and therefore the ruling should stand.  It is a complex and intricate case.

This is a good example of why having an experienced medical attorney on your side is so important.  The laws governing such claims are complex and confusing, and not knowing them can prove detrimental to your case.

If you or someone you love has been a victim of medical negligence, speak with an attorney that specializes in these types of cases and knows the law.  They will help you get the justice you deserve.

Source: www.news-press.com


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