Medical Lawyer Estimates Award at $10M after Interest

March 29, 2009

A $6.4 million award to a Massachusetts woman will likely total upwards of $10 million after interest has been calculated, the woman’s medical lawyer estimated. The award is intended to pay for damages suffered by Kimberly Monson, who experienced a brain bleed as a result of medical malpractice.

The injury occurred during Monson’s pregnancy in 2002. She was diagnosed with preeclampsia, a generally treatable condition that some pregnant women develop and that can lead to high blood pressure. When Monson’s obstetrician failed to properly treat the condition, she suffered damage to her brain.

Errors made by obstetricians, nurses, midwives or anyone else responsible for pregnancy care can have devastating consequences for the mother, the child and sometimes both. Fortunately in this case, the baby did not suffer any damage.


Massachusetts Woman Wins $6.2 Million in Medical Misdiagnosis Case

March 28, 2009

Kimberly Monson was victorious in her claim of medical malpractice after she suffered brain damage at the hands of her negligent doctor, Elizabeth Konig.  The jury ruled in her favor last week, awarding her a judgment of $6.2 million.

In 2002, when Monson was 35 weeks pregnant with her second child, she saw Dr. Konig, her obstetrician.  She was suffering from preeclampsia, a dangerous medical condition often affecting pregnant women, which can lead to high blood pressure.  Preeclampsia is treatable but must be closely monitored.

Monson claimed that Dr. Konig failed to properly diagnose her with the condition and it subsequently went untreated.  The result was bleeding of the brain, and subsequent brain damage.  It was all preventable had it been correctly caught and monitored.

Thankfully Monson’s child was delivered safely.

Kimberly’s medical lawyer is quoted as saying, “She’s really a brave and courageous woman. It’s a great family and, hopefully, this can allow her to move on a little, I guess.”

It is estimated that with interest, the settlement will amount to a little over $10 million.

Source:   Boston.com


Cerebral Palsy Symptoms

March 27, 2009

Every child develops at a different rate, and most fall well within the standards that medical professionals set for when certain milestones should be met, such as sitting up, crawling or walking.  But if your baby doesn’t seem to be meeting these milestones, and you are beginning to notice troubling problems with motor skills you may have to consider that your child might be suffering from cerebral palsy, a disorder often caused by a brain injury during birth.

So, what signs should you look for?  Some of the more common symptoms of cerebral palsy include:

  • Struggling with gross motor skills such as walking, kicking a ball, riding a bike and other movements that involve use of the legs and arms.
  • Trouble sitting upright.  Lacks the muscle strength and tone to sit up without falling over.
  • Difficulty with fine motor skills.  Examples of these include using crayons, buttoning a shirt, handling scissors and any other activities that focus on the use of the fingers and hands.
  • Trouble moving from one position to another, such as from sitting to crawling or standing.
  • Shaking or uncontrollable jerking of the legs, arms, or torso.
  • Weak muscles.
  • Body tremors, weakened facial muscles, drooling or loss of control of the tongue.
  • Difficulty sucking.

If you notice your child exhibiting any of these cerebral palsy symptoms, or a combination of several, you should speak with a doctor who is experienced in diagnosing cerebral palsy.  He or she can perform a series of tests to determine if your child has the disorder.
Should your child be diagnosed with cerebral palsy, there are many treatment options available that might help your child to improve his day to day functions.  And although there is no cure for cerebral palsy, the earlier the treatment, the better the chance of your child will be able to overcome some of the symptoms he or she suffers from.
Lastly, it is important to note that cerebral palsy can be caused by a number of different things; however it is when it happens as a result of a doctor’s negligence that it becomes especially disconcerting, because in those cases, the disorder could have been prevented.

If your child has been diagnosed with cerebral palsy, you are not alone.  Experienced medical attorneys are available to discuss your claim and work with you to get justice for your child.


What is Cerebral Palsy?

March 26, 2009

The term Cerebral Palsy is somewhat broad and it describes multiple chronic movement or posture disorders.  Broken down, “cerebral” refers to the brain, and “palsy” lends itself to a physical disorder.  Although cerebral palsy affects the muscles and nerves of the body, it actually stems from the brain’s inability to properly control the body.

Cerebral palsy is primarily the result of a dangerous lack of oxygen to the brain, and is often caused at birth.  During the labor process, it is critical that the doctors and nurses that are caring for the mother monitor the vital signs of the unborn child at all times to avoid a situation in which the child is in distress.

If the baby does begin experiencing problems in the womb or birth canal, it is imperative that the doctor deliver as quickly as possible to mitigate any possible health problems that might result.  Often, this means performing an emergency cesarean section.  Unfortunately, in many cases, these important factors are overlooked and a doctor’s negligence results in a baby born with cerebral palsy.

There are four categories into which the disorder is classified:

  • Spastic – stiffness or difficulty with movement (most common category)
  • Ataxic – loss of balance and depth perception
  • Athetoid/Dyskinetic – uncontrolled or involuntary movements
  • Mixed – a combination of two or more of the above

It can take months or even years to recognize the symptoms of Cerebral palsy, most notably trouble with motor skills and muscle function.  Parents typically become aware that there is a problem when they notice that their child is not meeting standard developmental milestones.  If there’s ever a concern that a child may be suffering from this disorder, medical treatment should be sought right away so that appropriate testing can be done.

Cerebral palsy varies in severity and it cannot be cured; however, there are treatments available that may help to improve a child’s symptoms.  Generally, the earlier a child is diagnosed and treatment begins, the better the chance of possible improvement.  Keep in mind, however, that treatment and therapy can be quite costly and it doesn’t work for everyone.

It is estimated that some 4500 infants are diagnosed with cerebral palsy each year, and a good number of those cases are a direct result of medical malpractice which could have been prevented.   If your child is a victim of this disorder due to a birth injury, you have the right to seek justice and receive compensation for the financial burden that comes along with it.  Seek the expert advice of an experienced medical attorney to discuss your case today.


Cancer Misdiagnosis

March 24, 2009

Being diagnosed with cancer is perhaps one of the most frightening experiences one can face in life.  When that diagnosis is not reached as early as it could have been, or is missed altogether, it’s simply adding insult to injury.  Cancer misdiagnosis can be life altering, and even result in death, leaving behind immeasurable pain and suffering.

Some of the more common types of cancer misdiagnosis can include:

  • Failure to recognize signs/symptoms of cancer
  • Failure to order appropriate medical tests
  • Failure to properly read test results
  • Failure to follow up on positive test results
  • Diagnosing a malignant tumor as benign, or vice versa
  • Failure to refer patients to appropriate specialists for further tests/treatment
  • Failure to identify physical signs, such as lumps
  • Mistaking a tumor as an infection or cyst
  • Failure to biopsy

When cancer is misdiagnosed, it can delay prompt treatment of the disease.  This can result in further progression of the condition and a significant reduction in survival rate.  In some cases, by the time the disease is properly diagnosed it’s too late for the patient.

Conversely, a patient may receive a misdiagnosis of cancer when they do not really have the disease, and end up undergoing harsh treatments that are unnecessary, such as chemotherapy and radiation.  These treatments can cause terrible side effects and injury and may even result in wrongful death.

If you or a loved one has suffered serious injury or death as a result of a cancer misdiagnosis caused by medical negligence, you have the right to seek recovery for your losses, including medical bills, pain and suffering, and more.  Time is of the essence, however, because the law places statutes of limitations on how and when you can file a claim.  Speak with an experienced medical lawyer today to learn more.


Birth Injuries

March 21, 2009

The birth of a child is usually one of the happiest moments in our lives.  But when something goes wrong during childbirth, and a doctor’s negligence causes life changing birth injuries, your happy moment can quickly change to fear and uncertainty.

Birth injuries are caused by trauma to the infant during the birth process.  Some of the more common causes of birth injuries include:

  • Prolonged labor
  • Breech delivery (legs first)
  • Premature birth
  • Physician procedures (such as the use of forceps or vacuum)
  • Small size or unusual shape of mother’s pelvis

It’s important to note that many birth injuries, such as bruising or swelling, are minor and heal within a few weeks of birth.  However, other injuries are more severe.  And while a birth injury can occur on its own, they are typically a result of, or directly related to, a doctor’s negligence.

There are three common types of birth injury caused by negligence.

Facial paralysis.  Great pressure is often placed on a newborn’s head and face during the birth process, frequently through the use of forceps.  This pressure can cause bruising to the facial nerves which typically heals within a matter of weeks.  If the nerve or nerves of the face are torn, however, the result can be permanent facial paralysis and surgery is often required to help correct the problem.

Brachial plexus injury.  This condition, also known as Erbs Palsy, involves weakness or paralysis of the arm caused by nerve damage to the shoulder during delivery.  It is quite often caused when a doctor applies too much pressure when pulling the child out of the birth canal or by the position of the shoulders when a child is delivered breech.  Some children who suffer this type of birth injury may fully recover within a matter of months, but others will not be so lucky and will face a lifetime of difficulty as a result.

Cerebral Palsy.  This is a chronic disorder that usually results from trauma to the brain during childbirth.  Cerebral palsy  symptoms include loss of nerve functions and movement.  There are several ways in which a doctor’s negligence can cause cerebral palsy, including improper use of forceps or failing to properly monitor the baby’s condition and leaving the child in the birth canal too long, resulting in lack of oxygen.  The severity of this condition varies depending on the type and level of damage done at birth, however it is most often met with a lifetime of suffering and it does not improve with time.

If your child has suffered a birth injury due to a doctor’s negligence, you may be able to receive compensation such as medical bills and punitive damages for the child’s pain and suffering.  An experienced medical attorney can tell you if you have a legitimate claim and the best way in which to pursue it.


Anesthesia Malpractice Defined

March 20, 2009

You may not have heard about it very often, but the truth is, medical lawyers see cases of anesthesia malpractice more than you might realize.  So, what exactly is this type of malpractice, and how do you know if you have a claim?

Perhaps we should first understand exactly what anesthesia is.  It is a medication administered to a patient to lessen or dull the pain and discomfort of certain medical procedures.  It can be applied topically, as with sprays or creams, or administered internally via injections or intravenous tube.  The three types of anesthesia regularly used are:

  • Local – short for “localized”, in which the medication is used to numb a specific area of the body.
  • Regional – applied to an entire section, or “region”, of the body, such as is used to numb the lower body during child birth.  This is the most common form of anesthesia.
  • General – typically applied during major surgical procedures, the patient is rendered unconscious while under this type of anesthesia and usually ends up with no memory of the procedure.

Any of these three types of anesthesia can result in injury or harm to the patient if the anesthesiologist makes an error.  Some of the more common cases of anesthesia malpractice involve:

  • Administering incorrect dose (overdose)
  • Failure to inform a patient about dietary restrictions before and after the procedure
  • Incorrectly intubating a patient
  • Failure to monitor a patient’s vital signs
  • Using defective or outdated equipment
  • Failure to properly assess a patients medical history and consider other medications that could interact negatively with the anesthesia

When any of these things take place, the results can range anywhere from minor complications to significant health issues such as stroke, heart attack, collapsed lung, or brain damage.  In extreme cases, anesthesia malpractice can even result in wrongful death.  In fact, it is estimated that one in every 200,000 cases results in death.

It is important to keep in mind, though, that anesthesia malpractice can often be more difficult to prove than other forms of negligence.  For this reason, you should seek the counsel of an experienced medical lawyer who can review your individual situation and help you determine if you have enough evidence to be successful in your claim.

See Also: Medical Lawyers


Family Claims Negligence in Misdiagnosis Case

March 19, 2009

An inquest has begun near Hull England in the case of the death of 19 year old Christopher Chaffey.  The boy’s family is claiming medical negligence by his doctor, who misdiagnosed a 4.4 pound tumor as anxiety.

According to Chaffey’s mother, her son had visited his family practitioner several times over a period of 15 months complaining of hair loss and excessive sweating.  His concerns were dismissed by his doctor, Joseph Austin, and chalked up to a simple case of anxiety.  At one point it is alleged that Dr. Austin actually told Chaffey to “grow up a bit and stop worrying” and that there was “nothing wrong”.

In reality, the teen was actually suffering from a 4.4 pound tumor in his chest which affected his heart and lungs and ultimately contributed to his death.

The inquest will continue next week.


Breach of Doctor/Patient Confidentiality

March 17, 2009

Part of a relationship between a doctor and patient includes the understanding that whatever conditions the patient may suffer from, and any subsequent treatments he or she undergoes, will be kept confidential and never be disclosed to any unauthorized third party.  When a physician violates this confidentiality it can result in a medical malpractice claim.

Medical confidentiality does not cover only what a patient discusses with a doctor, but also encompasses:

  • Medical records
  • X-Rays
  • Lab reports
  • Communications between patient and doctor
  • Communications between patient and other professional staff working with the doctor

Typically, any interactions between doctor and patient are to be held in the utmost of privacy and confidentiality.  It is also important to note that this duty does not end when a patient chooses to seek treatment elsewhere.  Once a physician is under a duty of confidentiality, she is bound by this even if she is no longer treating the patient.

There are, of course, limited exceptions to the duty of confidentiality such as when ordered to release information by law or disclosures to state health officials.  Typically, though, the only way a physician can release medical information about a patient to a third party is with the patient’s consent (usually in writing).

If you feel that your physician has violated his duty of confidentiality to you contact a medical malpractice attorney today.


What is a Contingency Fee?

March 11, 2009

Victims of medical malpractice are often left struggling to regain normalcy in their lives, suffering from pain and injuries from the incident.  Admittedly, it is a genuinely confusing and upsetting time in one’s life.  That’s why understanding how medical malpractice lawsuits work is so important.  In particular, how your medical attorney will be compensated for representing your case.

The truth is, along with pain and suffering, medical negligence also frequently brings with it costly medical bills that are often well beyond the patient’s ability to pay.  Because of this the thought of also having to pay a lawyer can be frightening, but it needn’t be.  Medical attorneys most often work on what’s known as a contingency fee basis.  This basically means that he or she will not collect any money upfront, but instead will receive a portion of your settlement as payment for his or her services.

Each medical attorney sets their own rate or percentage, and this is typically discussed prior to any agreement of representation so the client knows fully what can be expected before moving forward with the claim.  Some contingency fees are complex and work on a sliding scale.  For instance, you may pay a higher percentage on any settlement under a certain amount, but a lower percentage on a higher settlement.  It all depends on the attorney and the individual case.

Some of the benefits of contingency fees include:

  • No upfront retainer
  • No ongoing payments to the attorney during the case
  • Fair representation – since there’s no upfront fee, even those who couldn’t ordinarily afford a lawyer can retain one
  • Motivation – because your lawyer doesn’t get paid unless you are successful, you can be assured that he or she will fight hard to win your case for you
  • No time restraints – clients don’t have to worry about their retainer being used up and owing more money if the case takes longer than expected

It is important to understand, however, that even though your medical attorney may work on a contingency fee basis, you may still be responsible for other fees such as court costs, medical record charges and the fees of expert witnesses who will testify on your behalf.

Ultimately, being able to pursue your claim without the added concern about costly upfront legal fees makes the use of contingency fees a huge benefit for patients who have already been through a terrible time in their lives because of a doctor’s negligence.

If you have been a victim of medical malpractice you have every right to seek justice for your injuries.  Contact an experienced medical attorney who can review the details of your situation and advise you on what the next step should be.


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