Another Victory in Failure to Diagnose Case

September 10, 2009

Last week a jury in Los Angeles ruled in the favor of the plaintiffs in their medical malpractice lawsuit after a doctor’s negligence left their child permanently brain damaged.

The parents of Paris Campen, now 5 years old, sued Cedars-Sinai Medical Center on behalf of daughter because they claimed that doctors at the medical facility failed to properly diagnose her with meningitis when she was a baby.

The delay in diagnosis and subsequent delay in treatment resulted in Paris suffering from severe brain damage.

The lawsuit was originally filed in 2005, and finally came to an end last week when the jury awarded the Campens $7.3 million for past and future medical expenses.  The money will be placed in a trust for Paris.

Failure or delay in diagnosis can have devastating results, as evidenced in this case.  If you or someone you love has suffered injury because a doctor didn’t diagnose an illness or condition in time, you may have the right to seek compensation for your losses.  An experienced medical attorney would know for sure.

Source:   HYPERLINK “http://www.mercurynews.com/breakingnews/ci_13228174″ http://www.mercurynews.com/breakingnews/ci_13228174


Medical Attorneys and Personal Injury Lawyers – What’s the Difference?

September 8, 2009

Most people have heard both terms used with regards to tort law, but do they really know the difference between a medical lawyer and a personal injury attorney?  It’s important to understand the key contrasts between these two types of legal representatives so that you can make an informed, educated decision when choosing a lawyer.

Simply put, medical attorneys are a subset of personal injury lawyers.  Both handle cases representing someone who was harmed by another’s negligence, but that is just about where the similarities end.  The main difference lies in their training and expertise.

The truth is medical malpractice cases are typically much more complicated and complex than most personal injury cases.  There are more intricate details that must be considered involving medical records, follow up treatments, and specific diagnoses that are all critical in successfully proving a medical malpractice case.

The law surrounding medical malpractice is also more detailed and complicated in comparison to general tort law.  Because of this, medical malpractice cases can be much more difficult to prove to a judge or jury.  This is why it is essential that the person chosen to represent a victim be an expert in medical malpractice law, not just a personal injury lawyer.

Additionally, because of the expertise required, most medical lawyers can also represent general personal injury cases while personal injury attorneys aren’t usually qualified enough to handle medical malpractice cases.  Things such as knowledge of medical terminology and having a network of expert medical witnesses are what make a medical attorney better equipped to represent these types of lawsuits.

It’s important to know the difference so that the correct type of legal representation is chosen during the critical timeframe surrounding a malpractice lawsuit.  Knowing what type of lawyer to pick will give you a much better chance of winning your case.


Retired Nurse Speaks Out About OR Malpractice

September 4, 2009

Helen French, a 30 year veteran to emergency room nursing, is now dedicating her life to the cause of patient safety and speaking out about operating room malpractice.  “I am just trying to save people’s lives,” she says.

French considers herself a “passionate advocate” for patient safety and she has made it her life’s work to educate consumers and medical professionals alike about proper operating room procedure.  She still recalls her first experience with a tragic medical error when she was just a young nurse back in 1974.  While attending a hysterectomy procedure, she was witness to sloppy OR procedure when doctors put the obese patient’s legs in stirrups incorrectly, cutting off the circulation.  The patient had to have both legs amputated just days later and died that same year from further complications.

The experience left a lasting impression on French, who then made it a point to keep meticulous records of what she saw whenever she was in the operating room.  She says, “I could write stories from here to the end of time and I would never run out.”

Her record keeping and frank, open opinions about the subject have been met with their share of opposition from her fellow OR colleagues.  She’s even been the recipient of hate calls in an attempt to silence her.  But it has done little to deter her from her fight against OR malpractice.

She has a right to be concerned.  A recent study of hospital records revealed that over 913,000 patient safety events were reported between 2005 and 2007.  Among those events, over 97,000 resulted in death of the patient.

Ironically, in 2007, French herself says she became a victim of medical malpractice after a surgery she underwent to correct her vertebrate left her with pain in her arms and a strange choking sensation in her throat.  She now finds herself victim of the same issue she has spent most of her career fighting against.

In attempt to further her crusade and educate consumers about patient safety, French has started her own comprehensive website (http://operatingroomrnwatchingoveryou.com), which contains a wealth of helpful information as well as a way to contact French directly with feedback or questions.

Operating room malpractice is a very real, very dangerous problem facing patients across the country.  If you have suffered injury or harm while in the OR, you have the right to fight back.  Contact a medical lawyer to discuss your case today.

Source:  www.lawyersandsettlements.com


NY Woman Receives 60 Million for Plastic Surgery Malpractice

September 3, 2009

Allison Hugh, of Bronx NY, received a huge victory in her plastic surgery malpractice case when a jury awarded her $60 million.
The case was based on a botched thigh lift procedure performed by Dr. Ferdinand Ofodile which left her groin area permanently deformed and unable to be surgically corrected.

It has been mentioned here in previous posts how difficult plastic surgery malpractice can be to prove in court, however there are three key factors in this case that made it a success for the plaintiff.

  • First – Dr. Ofodile failed to inform Hugh of the risks involved in this type of procedure
  • Second – because Hugh was unaware of the risks, there was not adequate informed consent prior to the surgery being performed
  • Third – during the procedure, Dr. Odofile did not act within the appropriate standard of care expected of him, and used improper surgical techniques

These three things helped Hugh’s medical attorney prove her case in court and get her a sizeable settlement for her injuries, pain and suffering – $10 million allocated for the past and the remaining $50 million for future needs.  The jury was unanimous in their decision.

This case lends to the fact that every situation is different, and some cases are much stronger than others.  A skilled medical lawyer can tell you whether your case has a chance of being successful, as Ms. Hugh’s case was.


Lawsuit Filed in Brain Surgery Malpractice Case

September 1, 2009

A wrongful death lawsuit has been filed by the parents of a 16 year old girl who died following brain surgery.  The medical malpractice claim also alleges that the neurosurgeon then tried to cover up his error by interfering with the autopsy.

Jessica Siegel underwent an operation performed by Dr. Andrew Joel Ringer in August 2006.  The surgical procedure was intended to prevent some of the veins in Siegel’s brain from knotting, which can increase the chances of a stroke.  9 days after the surgery was performed, Siegel died.

The case gets interesting from here, since Siegel’s parents originally only filed a lawsuit because they felt their daughter’s eyes were improperly harvested.  In reviewing the details of the days following Siegel’s untimely death, it was then discovered that Dr. Ringer had specifically ordered an autopsy which excluded the examination of the head, despite the fact that her parents had requested a full one.  The doctor then reportedly feigned surprise when told that there had been no autopsy of the head.  A nurse, however, testified during a deposition that once the girl’s parents left the room, Dr. Ringer instructed her to scratch out the order for a full autopsy and indicate that it should omit the head.

Because of this omission, the medical examiner could not determine a cause of death and the Siegels now feel that this is because Dr. Ringer was attempting to cover up his botched surgery on their daughter’s brain.  Had the autopsy included a head examination, the real cause of Jessica’s death would have likely been uncovered and Dr. Ringer would have found himself facing a medical malpractice lawsuit.

His cover-up didn’t work.  Once the Siegels discovered what Dr. Ringer had done, they promptly filed a wrongful death lawsuit on behalf of their daughter, who they now believed died as a result of his negligence.

Updates to this case will be reported when they become available.


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