Victory in NJ Oral Surgery Malpractice Case

March 10, 2009

The family of 21 year old Francis Keller was awarded a settlement of $11 million this week in their oral surgery malpractice case against surgeon George Flugrad, after their son died only 12 hours after having his wisdom teeth removed.

Keller suffered from a hereditary condition which caused severe swelling from any trauma to his face or hands.  In fact, he had been hospitalized only a few months before his death for swelling of his larynx.  The Keller family claim that both their son’s dentist, John Madaris, and Flugrad knew about his condition and should never had proceeded with the surgery.

During the trial, in which both dental professionals were sued, the two pointed fingers at one another each claiming no knowledge of the boy’s condition nor responsibility for his death.  The jury cleared Madaris of negligence but found Flugrad guilty.

There are many types of surgical malpractice, and oral surgery is just as serious as any other kind.  All surgeries carry with them a risk and potential danger to the patient.  If you think you’ve suffered from an oral surgical error, or any other type of surgical malpractice, you should contact a medical attorney immediately.

Leave a Comment » | Medical Malpractice | Tagged: , , , | Permalink
Posted by Dave Austin

Exposed: Doctors Trying to Place Gag Orders on Patients

March 8, 2009

A recent article from Consumer Affairs discusses the increasing popularity of doctors requiring their patients to sign forms promising not to post any negative comments or reviews about the physician’s performance on the internet.

This disturbing trend not only robs patients of the right to express their opinions and warn other potential patients of the negative experiences they’ve had with certain doctors, but in some cases it even resembles bribery.  This is because many doctors who use these forms will refuse to treat a patient unless and until they agree to sign the form.

Not surprisingly, this has a lot of people in an uproar.  In fact, in response to the attempted “gag orders”, Consumer Affairs, who previously did not publish consumer complaints about physicians, is saying they will immediately begin making such complaints public and available on their website.

It is not yet clear whether such forms would even be enforceable in court.  And, even with such measures, there are still websites that offer the ability to comment, rate and complain about medical professionals anonymously.  This means even those patients who reluctantly agree to sign a gag order could still post about a negative experience without being held accountable.

The bottom line is, patients are at the mercy of their doctors and they have the right, and should be encouraged to, research and learn as much as they can about the background of someone in whose hands they will potentially be placing their life.  Learning ahead of time that a doctor has a history of negligence can potentially help someone else avoid becoming a victim of medical malpractice.

If you have suffered from a doctor’s negligence, not only should you have the right to let others know about it, but you also have the right to seek justice.  Discuss your situation with a medical lawyer today to see what your options are.

Source: ConsumerAffairs.com

Leave a Comment » | Medical Malpractice | Tagged: , , , | Permalink
Posted by Dave Austin

How to Avoid Nursing Home Malpractice

March 7, 2009

It is inevitable that someone we love will, at some point, need to be placed in the care of a nursing home.  That is often unnerving, given the increasing reports of elder abuse and nursing home malpractice in the news.  There are, however, some simple things to consider when choosing a home that can hopefully prevent your loved one from falling victim to one of these situations.

Do your homework.  It may seem simple, but many people overlook this when determining which facility is best for an aging loved one.  The internet is a wonderful tool for this, so Google some homes to be sure there are no former complaints or issues to be concerned about.

Get a reference. Most senior living facilities maintain a large community of residents, so there is sure to be a few who have family members or friends who would be willing to speak with you and answer some of your questions and concerns.  Or, if possible, ask to sit down with a current resident to see what they have to say about the care they are receiving.

Be sure the home you are considering is properly staffed. Often times a shortage of qualified employees can lead to mistakes and neglect and is frequently the underlying cause of nursing home malpractice cases.  Be sure that there is an adequate amount of doctors, nurses and attendees to be able to care for the amount of residents currently in the home.

Pay attention. When you are touring a potential home, don’t just look at the facility itself.  Take note of the residents who are already there.  Do they seem happy?  Are they being tended to or are they off on their own without a staff member in sight?  The mood of those already living in the facility can tell you a lot about what it is really like there, when visiting hours are over.

Of course, once you have chosen a home, you should still be diligent in making sure your friend or family member is being properly cared for.  Visit frequently, and at different times.  Get to know the staff.  And most importantly, if your loved one is still capable of communicating with you, listen to what they have to say.  They know better than anyone how they are being treated and if they are receiving adequate care.

If there is any concern at all that there is elder abuse or nursing home malpractice occurring, do not hesitate to contact the proper authorities, and speak to a medical attorney right away.

Leave a Comment » | Medical Malpractice | Tagged: , , | Permalink
Posted by Dave Austin

New Apology Policy in the Works in Pennsylvania

March 6, 2009

Lawmakers in Pennsylvania are proposing new legislation that would allow doctors, nurses and other medical professionals to take a less defensive approach to accusations of medical malpractice by allowing them to apologize to their victims rather than just denying wrongdoing.

Although the new bill would not interfere with any potential legal action the patient may choose to pursue, the theory behind it is that the amount of damages sought in medical malpractices lawsuits will likely be reduced.

The lawmakers behind the proposition claim that it is anger over the incident and subsequent denial that drives most victims to file lawsuits, rather than greed.  Therefore, they are suggesting that if the guilty party admits the wrongdoing, and apologizes, the patient is less likely to sue.

Surprisingly, this is not a new idea.  In fact, thirty five other states have already passed similar legislation, and claim that they have seen a significant reduction in medical malpractice claims because of it.

It is an interesting insight of the way patients feel when they become victims of negligence.  Turns out in many cases a sincere “I’m sorry” really does go a long way.

Leave a Comment » | Medical Malpractice | Tagged: , , | Permalink
Posted by Dave Austin

Californian Surgeon Settles in Malpractice Case

March 5, 2009

Heart surgeon Dr. Lit Fung has agreed to settle in the amount of $260,000 for the surgical error he made when he used the wrong angiogram films while he operated on patient Sandra Baumgartner in 2005.

Fung admitted the mistake to Baumgartner and her husband after the surgery, and suggested that she not be concerned because her arteries were nearly identical to that of the other patient.  Because of this, the Dr. claimed, Baumgartner’s health would not be adversely affected by the error.

The patient felt differently, however, and pursued her medical malpractice claim anyway.  In 2007, she also settled with the hospital where the mistake occurred for $140,000.

Baumgartner originally refused the settlement hoping instead for a jury trial, however her failing health forced her to reconsider and she decided in the end to accept the deal, citing that she wanted to be sure her family would be taken care of after she passes away.

The total amount awarded exceeds the $250,000 cap that California imposes on non-economic damages, based on the fact that Baumgartner’s attorney was able to prove sufficient punitive damages in the case.

Source:  ModestoBee

Leave a Comment » | Medical Malpractice | Tagged: , | Permalink
Posted by Dave Austin

A Strong Medical Malpractice Case – Do You Have One?

March 3, 2009

Not every mistake made by a doctor or nurse can be considered medical malpractice.  There are many different aspects to consider when determining whether or not your claim of negligence is valid and whether you have a solid case.  An experienced medical attorney can review your individual situation and help you determine whether or not it’s worth pursuing.

A few of the things that your attorney will consider include:

Duty to you, as the patient.  In other words, can it be proven that the physician you are claiming malpractice against had a certain duty to treat you?  Ultimately, if you sought treatment from a doctor, nurse or other medical professional and they agreed to treat you, there was duty.

Breach of said duty. Did the treating physician fail to live up to the standard of care you, as the patient, were entitled to receive?  If not, then the duty he or she had to you was breached and you may very well have a legitimate medical malpractice claim.

Causation – did you suffer losses as a result of the doctor’s actions?  Obviously you must be able to prove that because of the actions of the doctor in question, you suffered actual losses.  These losses typically need to be somewhat substantial if a medical attorney is going to agree to represent you.  Medical malpractice cases can be long and costly, so the amount of damages you are able to prove and hopefully collect will need to be greater than the cost of litigation if it is going to be worth pursuing.

Does your claim fall within the requirements of the law? Medical malpractice laws differ from state to state, but every state imposes regulations on claims, such as statutes of limitations (the timeframe that you are allowed to file claim following a malpractice incident), that may determine whether or not you have a case.  An attorney who is experienced in malpractice law will be able to advise you on these regulations to ensure that you meet the requirements.

Do you have sufficient proof? Medical lawyers know many experts that they can call upon to review your case and testify on your behalf, but you must have evidence that they can work with.  The more documentation you have (i.e., medical records of follow up treatments, proof of losses, etc.), the better chance you will have of successfully proving your case.  If your evidence is lacking or cannot be easily proven, it may not be worth filing a lawsuit.

Medical malpractice claims are complicated and complex and each situation is unique.  Seeking the counsel of a medical attorney, although not required in malpractice suits, is highly recommended in order to determine whether you have a legitimate claim and better your chances of being successful if you do.

3 Comments | Medical Malpractice | Tagged: , , , | Permalink
Posted by Dave Austin

Next Entries »
Follow

Get every new post delivered to your Inbox.