Another Hospital Blamed for Patient’s Suicide

September 30, 2009

A Connecticut hospital is being held accountable for the wrongful death of Marcia Maglisco, who committed suicide after she was released from their care.  It’s another case of hospital psychiatric malpractice with a grave ending.

Hartford Hospital and Dr. Carl Washburn are named in the lawsuit, which claims that Maglisco should have been kept overnight due to her fragile emotional state and suicidal thoughts.

Maglisco was brought to the hospital by police after she called 911 to report the accidental drowning of her 2 year old grandson, who was under her care at the time.  Maglisco told the emergency dispatcher that she was “psychotic” and she wanted the police to shoot her.

The lawsuit claims that the clearly distraught woman was not properly evaluated and that she should have been admitted to the hospital because she was obviously a suicidal risk.  Additionally, Dr. Washburn is being blamed for not providing the Maglisco family with a plan to care for the fragile woman.

Two days after being released from the hospital, Maglisco hung herself in her home.

We often think of the care we receive at hospitals as being purely physical in nature, but often times it goes beyond that.  Many people go to hospital emergency rooms when they are experiencing suicidal thoughts in an attempt to get help because they don’t know where else to turn.

It seems there have been a lot of recent cases of psychiatric malpractice on the part of hospitals in the news lately.  It’s important to remember that it’s the duty of hospital staff to properly evaluate and treat every patient that seeks treatment, even those that are not physical in nature.  If you have lost a family member who didn’t receive adequate care for their mental illness, you may have legal rights.  Speak with a medical lawyer to discuss your situation and find out more.


Plastic Surgeon Sued in Wrongful Death of Teen

September 30, 2009

The mother of 18-year-old Stephanie Kuleba has filed a wrongful death lawsuit against the plastic surgeon that performed breast augmentation surgery on her daughter last year.

According to court documents, Joanne Kuleba claims Dr. Steven Schuster acted negligently when he failed to properly monitor her daughter during the surgery.  Stephanie had a severe allergic reaction to the anesthesia used to sedate her and went into cardiac arrest.  She did not survive the operation.

It is not clear how much Ms. Kuleba is seeking in damages.  Dr. Schuster’s office is refusing to comment.

With plastic surgery and other cosmetic procedures becoming more and more popular in this country, it’s important to remember that even though these procedures are not usually necessary, they carry with them just as much risk, if not more, than any other type of surgery.  Mistakes can be made, things can be overlooked, and, as in this case, the results can be irreversible.
If you think you may have been a victim of plastic surgery malpractice, the next step should be contacting a medical attorney.

Source:   www.palmbeachpost.com


Florida Court of Appeals Reinstates Malpractice Award

September 28, 2009

Two years ago Nadine Raphael sued Palms West Medical Center for medical malpractice in the death of her husband and won.  The jury awarded her $10.3 million for medical expenses, pain and suffering.  The court imposed the state’s damages cap, however, reducing the amount to $781 thousand, leaving her and her family with practically nothing after paying off the medical bills and other court related expenses.

Raphael’s medical attorneys fought back, arguing that Mr. Raphael’s death occurred prior to the damages cap going into effect and should not be made retroactive.

In 2003, Harvey Raphael suffered a heart attack and was rushed to the hospital.  It was the claim of the plaintiff that her husband did not receive the critical medication he needed in a timely manner, causing further damage to his already weakened heart.

Mr. Raphael held on for a few more years but his quality of life was never the same.  He died at age 73 from complications after undergoing a heart transplant.

The original judge who ruled in the malpractice case reduced the award reasoning that the lawsuit was filed after the damages cap was enacted.  Ms. Raphael’s medical lawyers countered with the fact that the victim’s actual death, the crux of the lawsuit, occurred five months prior.

The court of appeals agreed and reversed the cap, allowing the Raphael family to collect the entire $10.3 million they were originally awarded.

Although this is a small victory over medical malpractice damage caps, it does little to affect the many innocent patients who suffer injury at the hands of negligent medical professionals.  Every malpractice victim deserves to be compensated for what they have endured, and until damage caps are eliminated, the fight must continue.


Charlotte Plastic Surgeon Loses License

September 26, 2009

The North Carolina state medical board has suspended the license of Dr. Paul Drago indefinitely following dozens of accusations of medical malpractice for botched plastic surgeries he performed.

Drago is trained as an ear, nose and throat doctor but was actually performing cosmetic procedures and, judging by the number of complaints being lodged against him, was in way over his head.

In addition to his lack of training, according to board documents, Drago was operating on patients while he was suffering numbness in his hands and feet.  So far there have been ten medical malpractice lawsuits filed against him, and several more pending.

Perhaps most concerning, though, is that although Drago’s been stripped of his license in North Carolina, he is still able to practice in South Carolina.  He is restricted, however, to only being able to practice the medicine he’s trained in: ear, nose and throat.

Drago is denying all allegations of medical malpractice.

This story helps to reiterate the importance of researching and doing your due diligence when selecting a doctor.  Just because someone is licensed to practice medicine doesn’t mean you should automatically put your trust in them.  If you were unfortunate enough to be harmed by a doctor’s negligence, talk to a medical attorney right away to learn about your rights.


Causes of Misdiagnosis

September 25, 2009

We hear about it often on the news and online – someone is suffering or has died because their illness went undiagnosed, or was diagnosed as the wrong condition.  But what exactly causes such grave errors?  Certainly doctors are highly trained, well educated and experienced in their practices and should be able to properly assess and diagnose their patients quickly and accurately, right?  Most of the time, yes.  But sometimes mistakes are made and that is where misdiagnosis comes into play.

Medical attorneys see the same situations time and time again when it comes to misdiagnosis, and these types of medical malpractice cases typically involve:

Failure to refer – The field of medicine is very broad and complex and not every doctor can claim to know every area of medicine there is, so it’s important that when a physician is trying to determine what is ailing his patient, he refer the patient to another medical professional who may be a specialist or have a certain expertise.  Failing to do so may result in a dangerous disease or rare disorder going undetected.

Delay in diagnosis – With certain illnesses, time is of the essence.  When there is a time delay between when a patient seeks treatment from a doctor and when a correct diagnosis is actually reached, it can result in anything from the condition worsening, spreading, or even causing death to the patient.

Failure to follow up – A recent study showed that an alarming number of patients do not find out about medical test results until it is too late due to lack of follow up by their physician.  For this reason, it is always in the best interest of the patient to take the initiative and do their own follow-up.

False diagnosis – Occasionally a patient who is actually disease-free will be falsely diagnosed with a condition that they don’t really have.  This can be dangerous because medicine and other treatments that may be given to treat the false illness can cause further injury or harm to a healthy patient.

Misdiagnosis – Unlike a false diagnosis, which is rendered on an otherwise healthy patient, misdiagnosis occurs when one illness or disease is mistakenly diagnosed as another.  Once again, the treatments for this wrongly diagnosed condition can cause more harm to the patient, while at the same time the real illness they are suffering from goes untreated and can potentially worsen.

Failure to order tests – When a patient presents symptoms and seeks treatment, it’s imperative that no stone go unturned until an accurate and timely diagnosis is reached.  A key part of this process includes ordering the proper tests for the patient, such as X-rays, blood work, MRI’s and CAT scans.  When the right tests are not ordered, the disease may not be caught in a timely manner.

Improper test evaluation – Even when the proper tests are ordered, the attending doctor must be able to accurately interpret the results.  Misreading an X-ray or MRI, for example, can mean potentially missing something critical such as a tumor.  Left undiscovered and untreated, what is missed could cause irreparable harm to the patient.

Of course, these are just a few of the underlying causes of most misdiagnosis lawsuits.  There are many other scenarios in which a doctor’s mistake can result in medical malpractice.  To find out for sure if your situation is a case of misdiagnosis, contact a medical attorney.


Hospital Involved in Psychiatric Malpractice and Wrongful Death

September 24, 2009

A jury has been selected in the case of a NJ police officer who committed suicide in 2003.  The wrongful death lawsuit, filed by the man’s widow, alleges psychiatric malpractice after he sought treatment at Morristown Memorial Hospital for suicidal thoughts but was not admitted.
39 year old Officer James Cillo Jr. became distraught in mid-August 2003, following an incident at work for which he was reprimanded by his police chief.  He feared being fired, and began to spiral downward over the course of the few weeks following the incident.  It’s reported that he could not concentrate or sleep and was experiencing severe anxiety.

Cillo originally sought help from resources made available to him through the police department.  He met with his family physician and a social worker and was prescribed sleeping pills along with a sampling of anti-depressant medications.  On August 27th, 10 days after the incident with his chief, Cillo found himself still struggling with anxiety and suicidal thoughts.  He sought treatment at the Morristown Memorial Hospital where he was given more medication and an appointment was made for him to meet with a psychiatrist in a few days.

The lawsuit alleges that Cillo should have been admitted that day, but because he wasn’t properly assessed by hospital staff, he was instead sent home.  The following day he hanged himself in his basement, leaving behind his wife and three young daughters.

The defense attorneys for all parties involved claim their clients are not at fault because Cillo denied having suicidal thoughts.  They claim they even went so far as to confirm with the patient that he had given all of his firearms to his father for safekeeping.  The medical attorney for Cillo’s widow, however, points out that there is little use in this fact since the officer didn’t use a firearm to end his life, and that proper evaluation and actions should have been taken to prevent his suicide.

Opening arguments are set to begin this week.


Florida Lawyer Pushes for “3 Strikes” Amendment

September 22, 2009

A rather interesting case came up recently in which a Florida medical attorney is challenging the court imposed limits on the “3 strikes and you’re out” amendment.  The amendment was enacted in 2004 in an attempt to protect the public from dangerous doctors; however there are currently limits which prevent some medical malpractice court cases from counting as strikes.

In short, the legislation would result in the revocation of any medical professional’s license found guilty of medical malpractice three times.  Not surprisingly, following the voting in of the amendment, the medical community was alarmed and fought back.  The amendment was then modified to indicate that only court cases and arbitration would count as a “strike” if they were upheld by the Board of Medicine.

Additionally, the amendment doesn’t take into account medical malpractice cases that are settled between the physician and the victim.  A doctor could essentially be involved in dozens of cases of medical negligence, but if they choose to settle, they have no bearing on the legislation.

Orlando medical lawyer Scott McMillen feels that this limitation renders the amendment virtually useless because it “takes away from citizens and courts the ultimate decision regarding what counts as a strike”.  He is fighting back for victims’ rights and is attempting to get judges to back him and send the case to the Florida Supreme Court.

McMillen’s tactic is to use a real-life example of a situation in which the “3 strikes” amendment could potentially have prevented a child’s foot from being amputated, had it worked in the way in which he feels it was meant to.  Loopholes in the legislation allowed Dr. Oludapo Soremi to perform surgery on 9 year old Thomas Burn’s ankle.  Just weeks later the boy’s foot had to be amputated due to medical negligence.

The case itself is compelling, and deserves support from anyone who will require medical treatment in the future and it will be interesting to see how it pans out.  Further information will be reported here when it becomes available.


California Man Seeks Damages After Doctor Removes Wrong Kidney

September 20, 2009

72 year old Francisco Torres is suing his surgeon, Dr. H. Erik Wahlstrom and Parkview Community Hospital Medical Center, for medical malpractice after the wrong kidney was removed during a July 14th surgery.
Torres’ left kidney was thought to have a cancerous mass, and he underwent surgery to have it removed.  Dr. Wahlstrom didn’t remove Torres’ left kidney, however.  Instead, he removed the patient’s right kidney which was completely healthy.
Following this botched surgery, Torres then had to undergo another operation to have the cancerous mass removed from his remaining diseased kidney.
The medical error is something Torres will have to live with for the rest of his life.  Instead of living a normal life as a retiree, he is now forced to endure dialysis several times a week just to stay alive.

This isn’t Dr. Wahlstrom’s first medical malpractice lawsuit.  In 2005, the surgeon agreed to pay $2 million when a patient’s kidney transplant that he performed became infected and the organ had to be removed.

It is not clear yet how much Torres is seeking in his medical malpractice lawsuit.  Updates will be reported here accordingly.


Indiana Widower to Challenge Damages Cap

September 18, 2009

The Indiana state law that places a cap on medical malpractice damages is about to be challenged by a man who lost his wife due to medical negligence.

The husband of Debbie Plank, the 47 year old mother of three, sued Community Hospital North after the hospital failed to deliver an X-ray to doctors in a timely manner.  The X-ray revealed that Plank had a dangerous bowel obstruction and the delay in delivery subsequently delayed the emergency surgery which could have saved her life.  Instead, Plank slipped into a coma and died.

The jury ruled in favor of Plank’s widower, awarding him a settlement of $8.5 million.  The state damages cap, however, reduced the award to $1.25 million, the maximum allowed under the law.  Plank’s husband, Tim, isn’t satisfied and is planning to challenge the law.

It’s not so much about the money, according to Plank.  It’s about the lack of apology and accountability on the part of the hospital that caused Tim Plank to sue in the first place.  But he also feels that the state should not place a lower value on the life of his wife, who died solely as a result of a medical error.

Plank plans to place the bulk of whatever he is awarded, be it the full $8.5 million, or the reduced amount, into a foundation in his wife’s name which will used to award scholarships to local students.

Further information will be reported here as it becomes available.


Stroke Misdiagnosis

September 16, 2009

When someone suffers a stroke, it generally means that a blood vessel in their body has ruptured, or a blood clot has blocked an artery which interrupts critical blood flow to the brain and causes brain cells to die.  Strokes are currently the third leading cause of death in the U.S., and those who manage to survive a stroke are often left with debilitating injuries.

One of the most important ways to prevent death or permanent injury when a patient has a stroke is early detection because with prompt treatment permanent damage can be minimized.  Unfortunately, however, when this does not happen and a stroke is misdiagnosed, the patient can suffer further injury or death.

The most common ways doctors misdiagnose a stroke is by:

  • Failing to properly review a patient’s medical history
  • Not performing a thorough enough physical examination
  • Failure to order proper tests, such as angiograms or ultrasounds

Any one of these three things can result in a stroke victim not being diagnosed in a timely enough manner and the consequences can be dire.  Typical results of stroke misdiagnosis include:

  • Seizures
  • Depression
  • Brain damage
  • Memory loss
  • Difficulty with reading, writing or even speaking
  • Loss of motor skills
  • Further, more severe strokes
  • Death

Do you know someone who has suffered permanent injury or died due to a stroke misdiagnosis?  Perhaps you were a victim of this type of medical malpractice yourself.  If so, you may be entitled to compensation for things such as medical bills, lost wages, future medical expenses and pain and suffering.  The best way to find out is to speak with a medical attorney skilled in stroke misdiagnosis lawsuits.


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