Medical Attorney to File Medical Malpractice Claims for Vets

July 31, 2009

The U.S. Department of Veterans Affairs is being asked to compensate the victims of medical errors made at three VA hospitals that might have exposed them to infectious disease.  The medical lawyer is currently representing some 60 veterans in their medical malpractice claims.  Many of the approximately 10,000 patients affected have also sought legal representation.

The cases stem from an investigation that found that three VA hospitals were using improperly cleaned medical equipment used for colonoscopies, which potentially exposed patients to bodily fluids and infectious disease.  10,320 patients were warned of the potential exposure and advised to undergo blood tests right away to determine if they were infected.

According to recent records, of the patients who were tested, 37 tested positive for hepatitis C, 12 for hepatitis B and 8 for HIV.  Unfortunately, not everyone warned has returned for the follow up testing, so there may be many cases of infection that have thus-far gone undiagnosed.

The VA has released a statement expressing regret for the medical errors that were made, but noting how the agency has “aggressively dealt with them”.  They have offered free medical care to all of the veterans affected, but not surprisingly many of them feel that’s just not enough; especially those who now face living life with an infectious disease.

With all the claims being filed, and the thousands of lives that have been affected by this case of mass medical malpractice, there will certainly be more news to come and hopefully justice to report for the victims.

Source:   http://www.google.com/hostednews

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Posted by Dave Austin

Kansas Doctors in Hot Water over Prescription Malpractice

July 26, 2009

Doctors Stephen Schneider and Lawrence Simons, colleagues from Haysville Kansas, are heading to civil court to face charges of prescription malpractice after a woman died from an overdose of prescription drugs written by both doctors.

The family of Patsy Westcoat Fowler filed the malpractice lawsuit last week, claiming that the doctors knew of her addiction to pain medication but continued to prescribe painkillers for her.  The lawsuit also names physician assistant Connie White as a defendant.

This isn’t the first legal battle that Schneider and Simons have faced together.  In fact, there have been five other malpractice cases filed against them in 2008 and 2009.  As a result, Schneider’s medical license has been suspended and his clinic, where both doctors worked, has been closed.

The measures taken by the State Medical Board are too little, too late for Ms. Fowler.  According to court records, Fowler’s family claims they contacted the doctors on numerous occasions over several years and pleaded with them to stop giving her narcotics.  Sadly, their pleas fell on deaf ears.

Fowler originally sought treatment at the Haysville clinic for her back pain and chronic anxiety.  Court documents indicate that at one point Dr. Schneider refused to treat her, but that he eventually accepted her back as a patient.  When asked whether Fowler needed to continue the medication that she was being prescribed, however, neither physician responded.

Ms. Fowler remained a patient of both doctors, all the while being prescribed heavy doses of pain medication, until 2007, when she died of an accidental overdose at the age of 49.

Perhaps the most disturbing fact in the case is that Schneider and his wife, who managed the clinic, are accused of being at least partially responsible for the overdose deaths of 59 patients.  They are being charged criminally in 21 of the deaths.  Simons is no angel, either.  He is currently facing 36 charges of trading narcotic prescriptions for favors.

No word yet on when the Fowler family’s medical malpractice case will actually go to trial, but it’s certain that we haven’t heard the last of this negligent duo.

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Posted by Dave Austin

Medical Malpractice – Failure to Prevent Injury

July 24, 2009

The term medical malpractice is most often associated with a doctor’s failure to diagnose or misdiagnosis of an illness, as well as surgical and other medical mistakes.  But there are many other ways in which a physician’s negligence can cause injury or harm to a patient.  One of these is failure to prevent injury, and it is just as dangerous as any other type of medical malpractice.

In many cases, doctors not only have to treat an illness or injury in its current state, but they also must have the foresight to take appropriate measures to prevent subsequent injury or complications as well.  This means taking precautions such as proper follow up examinations and monitoring of a patient’s condition.  When this is not done, complications can arise resulting in further injury or harm, or even death to the patient.

Failure to prevent injury can stem from any of the following medical errors:

  • Failure to refer patient to a specialist
  • Misdiagnosis of an injury or illness
  • Failure to properly treat an injury
  • Inadequate or lack of follow-up treatment
  • Failure to diagnose an injury or illness
  • Prescription errors
  • Delayed diagnosis
  • Failure to prevent blood clot

Certainly there are any number of additional scenarios in which a doctor’s negligence can lead to his or her failure to prevent injury to their patient, but these are the most common.  Medical attorneys are experienced in recognizing these cases and know the best way to pursue justice for the victim.  If you or a loved one has suffered an injury as a result of a doctor’s mistake, contact a lawyer right away to discuss your rights.

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Posted by Dave Austin

Settlement Reached in VA Wrongful Death Lawsuit

July 22, 2009

The wife of a veteran who died from a blood infection following a biopsy performed at an Illinois VA has reportedly settled her wrongful death lawsuit with the U.S. Government.  The details of the settlement have not yet been made public, though she was seeking $10 million in damages.

Darla Marshall sued the VA hospital that treated her husband James in July 2007, claiming that his death resulted from a blood infection that he contracted after he underwent a biopsy of his lymph nodes.  The lawsuit alleged that Marshall’s death was caused by the medical negligence of Dr. Jose Veizaga-Mendez, who also happens to be linked to several other medical malpractice claims.

It wasn’t just the doctor, however, that had a questionable history.  An investigation of the VA was performed between October 2006 and March 2007, which involved the review of more than thirty cases, and revealed at least nine deaths that were caused by substandard medical care.  At this point, only minor surgeries are allowed to be performed at the facility.  All major surgeries have been halted with no indication of when, if ever, they will be allowed again.

Dr. Veizaga-Mendez has an even shadier past.  He was involved in another wrongful death suit involving a patient who bled to death following gallbladder surgery in 2007.  That case was also settled by the government, who agreed to pay $975,000 to the victim’s wife.  In addition, the physician had been investigated for seven medical malpractice cases in Massachusetts in 2004 and 2005, two of which resulted in death.  His license has been suspended indefinitely.

As in previous posts, the importance of researching before choosing a doctor has been reiterated again and again.  In cases like this, however, it can be difficult to know in whose hands you are placing your wellbeing.  If you have suffered at the hands of a negligent physician, or have lost a loved one as a result of medical malpractice, you should discuss your situation with an experienced medical attorney.

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Posted by Dave Austin

Negligent Medical Technician Exposed Thousands to Hep C

July 20, 2009

In an act of gross medical negligence, a 26 medical technician who was addicted to pain killers was found to have been swapping clean syringes filled with Fentanyl with dirty ones she’d already used, filled with saline solution.

Blood tests have been offered to former patients of a Denver medical facility after it was discovered that thousands had potentially been exposed to hepatitis C because the technician, Kristen Diane Parker, who had used the needles, has the disease.

So far, at least nine of the patients exposed have tested positive for Hep C.

Perhaps the most egregious part of the case is the fact that Parker, a trained medical professional, knew she had the disease and that her actions were placing thousands of innocent patients in risk of contracting it too.

Not only will Parker likely be facing multiple medical malpractice claims, she is also being charged criminally.  She is currently in federal custody and could face up to twenty years in prison for what she’s done.  Additionally, if any of the infected patients subsequently dies as a result of her negligence, she could be put away for life.

Source:   www.themoneytimes.com

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Posted by Dave Austin

Victory in Radiology Malpractice Case for Michigan Woman

July 18, 2009

After years of delays in her radiology malpractice case, Sue Apsey has finally won her claim when a jury awarded her nearly $3 million.

Apsey’s claim against Shiawassee Radiology Consultants and Dr. James Deering alleged that during an operation in January 2000 to remove a cyst from her ovary, the radiologists failed to notice that she had a dangerous bowel leak.

Further complicating the situation, Apsey was given barium, a potentially toxic heavy metal, to help with imaging.  Because there was an undiagnosed leak in her bowel, the barium leaked into her intestines and caused what is known as chemical peritonitis, a dangerous infection.  Apsey was forced to go several surgeries as a result.

Ms. Apsey originally filed her case in 2000, however it was delayed for years while it went through several appeals.  Finally, a jury found in Apsey’s favor, holding Shiawassee Radiology guilty of medical negligence and awarding her $2.978 million.  Unfortunately, malpractice caps in the state of Michigan will reduce the verdict significantly.

This case is a perfect example of how lengthy medical malpractice cases can sometimes be.  It’s important to know this before you decide to pursue a lawsuit, so you are not disappointed or frustrated with how long it can take.  If you find that you have been a victim, seek consultation with a medical attorney right away, and don’t give up.  Like Ms. Apsey, you might find yourself victorious in the end, even if it takes a while.

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Posted by Dave Austin

Chicago Columnist Files Dental Malpractice Lawsuit

July 16, 2009

Georgie Ann Geyer, a Chicago opinion columnist syndicated by Universal Press Syndicate has filed a dental malpractice lawsuit against two dentists, claiming they failed to diagnose her cancer.

In August of 2006, according to court documents, Geyer saw dentist Jeffrey Taugner with a complaint about a lesion on the side of her tongue that was causing her considerable pain.  Dr. Taugner referred Geyer to Daniel Chin Jr., who performed a biopsy of her cheek that came back with a diagnosis of a common skin disease.

Geyer’s symptoms continued to worsen, however, and in the fall of 2007 she finally underwent a biopsy of her tongue.  The second biopsy revealed that she, in fact, had cancer and at that point it had spread to her lymph nodes.  As a result, she has had to undergo extensive surgery to remove the cancer and she now finds it painful even to speak.

It is reported that Geyer is seeking damages of at least $50,000 from each defendant.

This case goes to show that medical and dental malpractice can happen to anyone.  If you feel that you have been a victim of a doctor or dentist’s negligence and have suffered damages as a result, you have the right to pursue justice.  An experienced medical lawyer will be able to advise you whether you have a legitimate case, and what to do next if you do.

Source:   HYPERLINK “http://www.editorandpublisher.com/eandp/departments/syndicates/article_display.jsp?vnu_content_id=1003992317″ http://www.editorandpublisher.com/eandp/departments/syndicates/article_display.jsp?vnu_content_id=1003992317

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Posted by Dave Austin

Groundbreaking Supreme Court Ruling Allows Michigan Family to Sue for Loss of Services

July 15, 2009

The Supreme Court of Michigan has ruled in favor of the family of a young mother who died as a result of medical negligence, allowing them to pursue their request for loss of services due to her death.

Laurie Ann Greene passed away when she bled to death after her botched Cesarean section at the Mercy Memorial Hospital in Monroe Michigan.  Her family claims her death was caused by medical malpractice.

They sued the hospital for $1.4 million for a loss of household services, which the hospital appealed to the Supreme Court arguing that household services are considered noneconomic and should therefore be subject to a the state’s damage cap.
The Court ruled, however, in a 4-3 vote, that they would not consider the hospital’s appeal based upon the last year’s ruling that household services, such as childcare, are not subject to the damage caps placed on other forms of noneconomic damages such as pain and suffering.

It’s important to remember that there are many different types of damages that a medical malpractice victim or the family of a wrongful death victim can sue for.  A skilled medical attorney can advise on what your rights are and how to pursue them.

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Posted by Dave Austin

Huge Verdict in Ohio Birth Injury Lawsuit

July 13, 2009

On July 2nd, an Ohio jury awarded what is being considered the largest medical malpractice settlement in the state’s history to the family of 8 year old Leondo Stanziano, who suffers from cerebral palsy as a result of a birth injury caused by medical negligence.

Stanziano was born at Miami Valley Hospital in Dayton in December 2000.  It was during his birth that he was deprived of oxygen for 18 to 20 minutes, resulting in permanent brain damage and cerebral palsy.  As a result, the child will never be able to speak, cannot walk and will require 24 hour care for the rest of his life.

The family sued the hospital, Contemporary Obstetrics and Gynecology and Dr. Kendrin E. Van Steenwyk for damages, claiming that they knew the child’s mother, Renetha Stanziano, was at a high risk of her uterus rupturing but failed to properly monitor her and the infant during the birth.  They also cite that the labor-inducing drug Pitocin was used improperly even after the patient’s uterus had become hyper-stimulated, ultimately causing it to rupture.

The jury found only the hospital to be negligent in their verdict, and awarded the victim and his family an incredible $31 million in compensatory damages.  It is being reported, however, that in an effort to avoid lengthy appeals, the family has actually settled with the hospital for an undisclosed amount, which is likely much less than what the jury awarded them.

Birth injuries, such as cerebral palsy, can have lifelong effects on both the child and his or her family.  If your child was a victim of a birth injury that was caused by a doctor’s negligence, you may have the right to receive compensation for medical expenses, pain and suffering and more.  Discuss your situation with a medical attorney today to find out more.

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Posted by Dave Austin

Lasik Malpractice and the Importance of Research

July 12, 2009

Chicago ophthalmologist Dr. Nicholas Caro is facing disciplinary action by the state medical board, but many feel it’s taking too long to take action against the doctor, who has a long history of botched surgeries and medical malpractice lawsuits.

One such case involved Nicholas Pucek, who went to Dr. Caro for Lasik surgery to help him see better without the use of contact lenses or glasses.  During the procedure, too much of Pucek’s cornea was cut away.  He was forced to seek over 24 follow up treatments for his complications and eventually had to undergo a cornea transplant.

Karen Thiel was another unlucky patient of Dr. Caro who sought treatment nearly a decade ago to correct her vision but instead ended up with a seriously injured cornea.  She now lives with persistant pain, countless eye infections and permanent loss of vision.

Both patients sued and were awarded hundreds of thousands of dollars in damages.  The problem is they were not alone in their experiences and subsequent lawsuits against Dr. Caro.  In fact, since the early 1990’s the Chicago doctor has been sued nearly 50 times for medical malpractice.  Yet, he is still practicing medicine.

Most logical people would agree that any doctor with a record like that should have long since lost his license to practice, so why is he still treating patients?  Director of the Illinois Department of Financial and Professional Regulation, Daniel Bluthardt, declined to comment on their ongoing investigation of the doctor, but did indicate that disciplinary proceedings can take time.

In the meantime, the physician will continue to perform dangerous surgeries on patients, many unaware of his background.  It is cases like this that serve as sobering reminders of the importance of doing research before placing your health in the hands of a doctor.  Knowledge is power, so take heed to this warning and you will be much less likely to become a victim of medical malpractice.

If it’s too late, however, and you have already suffered at the hands of a negligent doctor, your next step should be to speak to a medical attorney who can help you seek justice for your injuries.

Source:   www.chicagotribune.com

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Posted by Dave Austin

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