Dental Malpractice Results in $2 Million Verdict

August 31, 2009

A jury in South Carolina has returned a hefty verdict in the dental malpractice case of 28 year old Elizabeth Smith, whose dentist mistakenly pulled 13 extra teeth from her upper jaw.
In a case of shocking negligence, Ms. Smith sought treatment at the Sexton Dental Clinic for a cracked tooth.  It was determined that she would need to have three teeth removed to correct the problem.  For some reason, however, the dentist who performed the procedure instead pulled all 16 of Smith’s upper teeth leaving her horribly damaged.
In addition to the physical damages the plaintiff suffered, her lawsuit also claimed that after the botched procedure, her dentist then falsified her records in an attempt to cover up what had happened.
Ms. Smith was clearly the victim of gross negligence and the jury agreed, awarding her $2 million in compensation.
Malpractice comes in many forms, including that which occurs in dental care.  Just like medical doctors, dentists have the duty to provide their patients with quality care.  If you have had a bad experience with a dentist that resulted in your suffering injury or harm, speak to a medical attorney to find out if you’ve been a victim of dental malpractice and what your rights are.

Source:  www.justicenewsflash.com


Cancer Misdiagnosis

August 30, 2009

Anyone who has experienced or seen a loved one suffer from cancer knows it can be one of the toughest struggles one may ever go through.  Caught early, treatments can be administered that can battle the disease into remission and lengthen the life expectancy of the patient.  But when cancer is misdiagnosed, the results can be devastating.
Who is responsible for diagnosing cancer?  Anyone from doctors to nurses to radiologists can, and have the duty to properly diagnose cancer as quickly as possible.  When this diagnosis is missed or the disease is misdiagnosed as something else, the subsequent delay in treatment or no treatment at all, can significantly decrease the chances for a recovery.
Some of the most common types of cancer that are misdiagnosed include:

  • Colon Cancer
  • Prostate Cancer
  • Breast Cancer
  • Lung Cancer
  • Testicular Cancer
  • Cervical Cancer
  • Ovarian Cancer

Cancer misdiagnosis typically occurs when a doctor or other medical professional misreads the signs and symptoms of the disease and mistakes it for a different condition.  Not only can this lead to a delay in treatment, it can also mean the patient receives treatment for something that they do not even have, potentially causing even more harm to them.

Doctors sometimes miss the diagnosis altogether, and the patient goes for months or even years without knowing they are suffering from the deadly disease.  Too often, by the time the cancer is properly diagnosed, it is too late and the patient’s life is cut tragically short.

Those unfortunate enough to have had a cancer misdiagnosis are urged to speak to a medical attorney about their situation.  Victims have the right to hold the responsible parties accountable for their dangerous mistakes and receive compensation for their injuries, pain and suffering.


Woman Sterilized Without Her Consent

August 29, 2009

A Chicago woman has filed a medical malpractice lawsuit seeking $2 million in damages after she claims a doctor sterilized her without her consent.

Nada Dollah’s medical attorney has filed the suit against the hospital, Dr. Nizar F. Olabi and Women’s Health Physicians S.C. of Aurora. According to her claims, Ms. Dollah underwent a cesarean section for the birth of her daughter in May 2008 when the doctor overseeing the procedure also performed a bitubal ligation.

The unauthorized procedure left Dollah sterilized. She alleges that at no point did she give her consent or authorize the operation and she deserves to be compensated.

The hospital does not comment on pending medical malpractice litigation.


Report Finds 200,000 People Die from Medical Errors Annually

August 28, 2009

A recent study performed by the Hearst Corporation has uncovered some alarming statistics about medical malpractice in the United States. It estimates that some 200,000 Americans will die this year as a result of medical errors and hospital mistakes.

The study is aptly titled “Death By Mistake” and reveals the failure of the medical community to meet the challenge put forth by the Federal Government a decade ago to cut the number of errors in half. The goal was to do so within five years. An additional five years later and rather than reducing the incidents of medical malpractice, it appears that the situation has gotten worse.

A few of the more alarming findings of the Hearst investigation:

20 states have no medical error reporting at all, five states have voluntary reporting systems and five are developing reporting systems

Of the 20 states that require medical error reporting, hospitals report only a tiny percentage of their mistakes, standards vary wildly and enforcement is often nonexistent

In terms of public disclosure, 45 states currently do not release hospital-specific information

Only 17 states have systematic adverse-event reporting systems that are transparent enough to be useful to consumers

New York’s reporting system has run out of money and staff—its last public report is four years old

Washington State requires reporting, but doesn’t enforce that requirement—and the legislature failed to provide funds to analyze the results

The report and all the research involved has resulted in the creation of an informative website,  DeadByMistake.com, which features an interactive map that provides a state-by-state snapshot of reporting systems and two interactive databases. One database tracks hospitals’ participation in national safety programs, the second brings together the millions of anonymous patient discharge records that Hearst reporters collected from California, Texas, New York and Washington.

Hearst Newspapers Editor, Phil Bronstein, who was actively involved in the study, pointed out two staggering statistics:

“More people die each month of preventable medical injuries than died in the terrorist attacks of September 11, 2001. The annual medical error death toll is higher than that for fatal car crashes.”

With all the recent talk of healthcare reform and an overhaul of the medical malpractice laws in this country, it’s critical that these numbers and statistics do not go unnoticed. There is an ever-increasing problem in America and abroad in which doctors are not acting with the care they are entrusted with, and we need to stand up and hold these physicians accountable for their actions. Until then, there will be no medical malpractice reform.

To read more about the Hearst study, click here: HYPERLINK “http://hearst.com/news_content.php?id=524″ http://hearst.com/news_content.php?id=524


How Your Medical Attorney Views You

August 26, 2009

There have been plenty of discussions on the topic of what you, the client, should look for when choosing a medical attorney to represent you. But there are two sides to every coin, and it’s important to also understand how your medical attorney views you and what he looks for in a client.

The truth is, not every case is actionable, and not every client is a good fit. Just as you will measure the competition and use certain criteria to decide on the best legal representation for you, the attorneys you meet with will be doing their own sizing up – of you.

There are certain things that a good medical lawyer will look for when deciding whether or not to accept a medical malpractice case.

First of all, are you telling the truth? Medical attorneys work very hard to get compensation for their clients who have legitimate claims, so a good one won’t bother wasting time with someone who isn’t being honest or whose story doesn’t quite add up. A good deal of medical malpractice lawsuits end up in court, in front of a judge or jury so yours has to be strong and believable if it’s going to have a chance of being successful. Bottom line is if your story doesn’t make sense then your case will likely be turned down.

The second thing a good medical lawyer looks for when assessing a potential client is whether there was actual malpractice committed. Remember, not every medical error equates to malpractice or negligence. An experienced attorney will ask some probing questions and assess the situation to determine whether a case is actionable before deciding to represent a client. If it is determined that what occurred was not as a result of negligence, it’s doubtful that your case will see the light of day.

If it turns out that you have been a victim of a doctor’s negligence, the next thing a good attorney will look for is whether you actually suffered harm as a result. Obviously if you are no worse for wear, a jury is not going to order that you be paid a settlement as compensation. Medical malpractice victims must have suffered legitimate injury or harm that can be proven in order for a case to be worth pursuing. If an attorney feels that you haven’t truly been harmed, or that your case will be too difficult to prove, don’t be surprised if you are turned away.

Lastly, but probably most importantly, medical lawyers will not agree to work with a client that they don’t get along with. There must be a high level of trust and respect between an attorney and his client. And medical malpractice cases can take a long time to resolve. If there is not a good rapport from the beginning, it’s probably better that the client and the attorney move on.

It’s important to remember that even when you are sizing up a potential medical attorney, you are also being sized up. Assuming both you and the attorney are a good fit, and your case is a strong one, then the process of filing your medical malpractice case can begin.


Birth Injury Results When Infant Wrongly Declared Dead

August 25, 2009

A medical malpractice lawsuit has been filed by a South Carolina couple after the hospital that delivered their son wrongly declared him dead causing irreversible birth injuries.

Carmela and Joseph Newhouse were informed shortly after the birth of their son, Camren, that the child had passed away and hospital staff had removed him from life support. According to news reports, Joseph held what he thought was his deceased child when he began to notice faint signs of life.

It turns out Camden was, in fact, alive. But by prematurely removing the infant from life support, he was deprived of precious oxygen for approximately a half hour during which time the hospital worked to determine that the child was alive. The delay caused permanent brain damage and irreversible injury to his delicate nervous system.

Birth injuries can occur before, during and, as in this case, following the actual birth of a child. Regardless of when it happens, a birth injury can lead to a lifetime of medical complications and irreparable damages. If your child suffered an injury caused by a doctor’s negligence, you may have the right to receive compensation.

Speak to a medical attorney to find out for sure.


$1 Million Settlement in Wrongful Death Case

August 24, 2009

The family of a Connecticut woman who died shortly after she underwent ovarian surgery has reached a settlement of $1 million in their wrongful death lawsuit.

In July 2006, Barbara Beaudoin had routine ovarian surgery when, according to court documents, the surgeon performing the operation tore her colon. Five days after the surgery, Beaudoin was dead.

Beaudoin was just 60 years old when her life was cut short because of a doctor’s error.

Losing a loved one is always a devastating experience. But when that person’s life is taken from them as a result of a physician’s negligence, it makes the tragedy that much more difficult to understand and deal with. Anyone who is facing this type of situation should contact a medical lawyer to find out if their case is actionable.

Money can never replace a lost loved one, but knowing that some justice has been served in the midst of a tragedy can bring some relief to those grieving their loss and help ease the financial burden that they may be experiencing.


Woman Receives $6 Million in Prescription Malpractice Case

August 23, 2009

The verdict is in for an 82 year old California woman in her prescription malpractice case after a medication she was prescribed caused her to develop debilitating skin conditions.

According to court documents, the unnamed plaintiff claimed her osteopathic physician diagnosed her with gout (which she did not have), and prescribed a drug called Allopurinol to treat the condition.

Allopurinol has several warnings associated with it because of the potential risks of severe skin side effects.  The plaintiff’s doctor should have carefully monitored her for such reactions, but failed to do so.  As a result, her body developed a painful skin disease known as Stevens-Johnson Syndrome (SJS), which causes the skin to burn from the inside out.

Additionally, because the SJS covered more than 30% of the plaintiff’s body, it resulted in the more severe form of the disease called Toxic Epidermal Necrolysis.  The condition is painful and debilitating and the plaintiff claims that she now has to depend fully on others for her daily activities.  She’s lucky.  In many cases, Toxic Epidermal Necrolysis is deadly.

The jury sided with the plaintiff and awarded her $6 million for her damages, pain and suffering.

It’s a physician’s duty to ensure that they properly diagnose their patients and take care when prescribing drugs.  Any medication that has additional warnings and carries higher risk factors should only be prescribed when absolutely necessary and the patient’s reactions monitored closely.

If a doctor falsely prescribed a medication that caused you adverse effects, you may be able to collect compensation for your injuries.  A medical attorney would know for sure.


Settlement Reached in Birth Injury Case

August 22, 2009

An Arizona couple will receive a settlement of $312,000 in compensation for the birth injuries their son suffered when he was born six years ago.

The medical malpractice lawsuit claimed that in May 2003 medical staff where Estela Cruz was delivering her baby failed to offer her a Cesarean section, even though an earlier ultrasound showed that the unborn child was of “enormous size”.

Cruz instead delivered her son, Jose, vaginally but because he weighed over 12 pounds he suffered severe damage to his right shoulder during birth.  Estela also suffered significant injury.

Maricopa County, who operated the Maricopa Medical Center at the time, was sued along with MedPro, the medical facility’s physician group.  The county agreed last week to pay the settlement.  MedPro also settled with the couple for an undisclosed amount.

Birth injuries, such as this one, are particularly upsetting because in most cases they could have been prevented.  If your child now suffers from the effects of a birth injury due to a doctor’s negligence you may be able to receive compensation.  Speak with a medical attorney to find out for sure.


New Form of Medical Malpractice

August 21, 2009

Simply google the term “medical malpractice” and you will find countless examples and news reports of medical errors, surgical mistakes, and prescription blunders.  Sadly, there is a new form of medical malpractice out there that consumers should be aware of.

It’s being referred to as “fumbled handoffs” and it happens when a patient’s medical test results do not making it into their discharge records.  It’s a simple mistake that can result in medical errors and further damage to the patient.

It’s enough of a concern that a group of researchers from the Regenstrief Institute and Indiana University School of Medicine decided to find out just how often these blunders occur.

Here’s what they found:

Of 668 hospital discharges with pending test results, a mere 16% of 2,927 tests were mentioned in the discharge summary.

Additionally the study found a disturbing trend in discharge instructions such as which doctor should receive the test results or from whom the patient should seek follow up care.

And perhaps of most concern were the missing test results that would lead to changes in a patient’s course of treatment.

As you can imagine, any one of these scenarios could lead to serious medical errors and potential harm to patients.  Take this information as a warning of how critical patient follow up is and how you alone are the best advocate for your own healthcare.

To read more about the research referenced above, click here:   www.modernhealthcare.com


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