$4 Million Awarded in Wrongful Death Suit

October 27, 2009

The family of a Florida woman who died during childbirth was awarded a verdict of $4 million in her wrongful death lawsuit.

The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth. Jackson died a mere 16 hours after her son was born.

According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.

Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory. The settlement is to be divided between Jackson’s son and her widow.

Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer. This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case. This is why it’s critical to have an experienced medical attorney on your side.

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Posted by Dave Austin

$4.3 Million Awarded in Birth Injury Case

October 25, 2009

A jury in Florida has found in favor of the plaintiffs in their medical malpractice lawsuit against the doctors of Coral Springs Medical Center after their daughter suffered permanent disabilities due to a birth injury.

The parents of Haylee Kroll allege that the doctors in question misdiagnosed their infant daughter’s enterovirus when they advised that the massive bruising seen on her tiny body shortly after birth was “of no concern” and would “fade”.  The lawsuit claimed that physicians failed to order appropriate blood and liver tests which would have immediately revealed the dangerous condition.

Enterovirus is relatively mild, but is much more dangerous to infants because of their underdeveloped immune systems.  Although Haylee survived, she was left with lifelong disabilities as a result of the delayed diagnosis.

The medical malpractice lawsuit took nearly 13 years to finally conclude because of several scheduling issues and a mistrial along the way.  Haylee is now in high school.

It’s important to remember that, as in this case, medical malpractice claims are not always cut and dry and they can take months or even years to finally come to an end.  Keep this in mind if you are considering pursuing a medical negligence claim.

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Posted by Dave Austin

Former Prisoner Suing for Medical Malpractice

October 23, 2009

Katherine Anderson is suing Coffee Creek Correctional Facility in Oregon, where she was an inmate in 2007, for medical malpractice after she alleges they ignored her symptoms of congestive heart failure and she almost died as a result.

Although she was seen several times in the prison infirmary, her lawsuit alleges that nurses and doctors there ignored her claims of severe pain and as a result, failed to treat the bacterial endocarditis, a relatively easy to treat condition.

It took the intervention of an outside party for Anderson to receive the treatment she desperately needed, and by that time the disease had progressed to the point that she was experiencing liver and kidney failure.

Three months after arriving at Coffee Creek, Anderson says she discovered a suspicious lump in her abdomen and began experiencing nausea and loose bowels followed by blurred vision, dizziness, shortness of breath and extreme fatigue.  Anderson claims that the nurses at the infirmary passed off her symptoms as a variety of conditions, including the flu, anxiety and even menopause.

What Anderson was really experiencing was congestive heart failure.  She nearly lost her life before she was taken out of prison for heart surgery.

Anderson and her medical attorney contend that although she did deserve to be in prison and serve her time, she did not deserve to experience the medical negligence that she did.  Instead, she emerged from her 26 month sentence with a shortened life expectancy and no chance of having any more children.

Anderson is seeking $2.5 million in damages for her ordeal.

Source:  www.oregonlive.com

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Posted by Dave Austin

Mass Malpractice Caused by One Negligent Nurse

October 17, 2009

It was revealed last week that a Florida nurse may have exposed thousands of patients to disease and infection in another alarming case of mass medical malpractice.

Broward County Medical Center sent letters to 1,851 patients who were all treated by the nurse advising them that they should all be tested for HIV and Hepatitis B and C after it was discovered that the saline bags and tubing used during cardiac stress tests were reused.

The hospital claims that the risk of exposure is low, but still warns patients to be tested just in case.  The nurse in question was reported to the medical board and has resigned.

Perhaps one of the most important parts of this case is the fact that the nurse was reported by a suspicious patient.  It only serves to support the importance of being an advocate for your own health care.

If you suspect a doctor or nurse may be committing acts of negligence or is guilty of medical malpractice, you should report them immediately.  And if you think you may have been one of the victims, you should also contact a medical attorney to protect yourself.

Source:  www.foxnews.com

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Posted by Dave Austin

5 Million Settlement Reached in CT Hospital Malpractice Case

October 15, 2009

Eileen Kelleher of Harwinton, Connecticut has agreed to a settlement in the amount of $5.25 million after she was forced to have her leg amputated in a tragic case of hospital malpractice.  The settlement was reached outside court through mediation.

According to Kelleher’s lawsuit, she underwent elective back surgery in 2005 after which she suffered numerous complications including internal bleeding.  During her post-operative care, she lost blood flow to her left leg which led to gangrene.

Ms. Kelleher’s medical attorney claimed that the doctor and hospital staff failed to properly diagnose the blood flow problem in time for her leg to be saved and as a result they were forced to amputate in order to save her life.

Kelleher and her husband filed a lawsuit in 2006 requesting compensation for medical expenses, loss of earnings and pain and suffering.

The hospital is not commenting citing a confidentiality clause that was included in the settlement agreement.

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Posted by Dave Austin

New Bill May Eliminate Feres Doctrine

October 13, 2009

Two politicians are working hard to get a new bill passed that would essentially overturn the outdated Feres Doctrine and allow members of the military to sue for medical malpractice if they are injured by a military medical professional.

The Feres Doctrine, which has been mentioned here several times in past posts, was passed in 1950 and prevents service members from suing the government for medical malpractice related injuries.  It is widely argued that this has made military hospitals and medical centers more dangerous than private facilities because it gives military personnel less motivation to implement higher standards of care and gives them a free pass to act negligently without the fear of being sued.

Representative Maurice Hinchey and Senator Charles Schumer are both working to help pass the Military Medical Accountability Act so that those bravely serving our country will have the same rights as every day citizens and be able to sue for medical malpractice if they are harmed as a result of a military doctor’s negligence.

It is a huge step in the right direction.

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Posted by Dave Austin

Record Judgment Awarded in 33 Year Old Birth Injury Case

October 9, 2009

An Israeli court has awarded a record high settlement to a 33 year old man who suffers from cerebral palsy.  The plaintiff will receive 16 million NIS – equivalent to approximately $4.3 million USD – for his damages after he suffered a birth injury as an infant.

In 1976, the plaintiff’s parents brought him to the Clalit health maintenance organization clinic when he was just three months old because he was suffering from severe diarrhea.  After four visits to the facility, the family was referred to Sharon Hospital and then to Rokach Hospital.

Doctors at Rokach conducted several tests on the child and then released him with a prescription for antibiotic and a referral to a family doctor.  The following day he became unconscious and was rushed to a different hospital for treatment.

The baby was suffering from severe dehydration which caused him to go into cardiac arrest.  He had to be put on an iron lung and remained unconscious for several months, during which time he suffered multiple lung infections and other developmental problems.

Now a grown man, the plaintiff suffers from cerebral palsy as a result of the failed diagnosis and subsequent medical issues and will require constant care for the rest of his life.

It has taken 9 long years of legal battles and several trips to court after the case was appealed more than once.  The family is happy that the plaintiff is finally getting justice for what he has had to endure throughout his life.

Here in the US it is highly unlikely that a case this old would yield any results as most states enforce a statute of limitations, or timeframe in which a person is allowed to file a medical malpractice lawsuit.  That’s why it’s critical to contact a medical attorney as soon as possible if you suspect your child has suffered a birth injury due to a doctor’s negligence.  If you wait too long, it may be too late.

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Posted by Dave Austin

Two Florida Doctors Accused of Prescription Malpractice

October 7, 2009

Tina Reed of South Florida is pursuing legal action against two physicians who she says committed prescription malpractice after they improperly prescribed muscle relaxers and pain killers to her 23 year old son.

Reed claims she came home one day to find her son snorting crushed pain pills, to which he had become dangerously addicted.  He survived, but the situation could easily have turned dire.  The amount of medication prescribed to Reed’s son, Jonathan Dicandia, was potentially lethal amounts that could have killed him.

According to claims, Dr. Enock Joseph prescribed Xanax for Dicandia to treat anxiety and excessive amounts of the pain killer Roxycodone – up to 270 pills in one prescription.  The doctor didn’t bother to test Dicandia to verify his claims that he was suffering from rheumatoid arthritis.

A second physician, Dr. Lowell Adkins, is also accused of medical negligence after it was discovered that he was prescribing an excessive amount of 180 pain pills for Dicandia each month.  Reed claims she confronted the physician with evidence that her son was abusing the drug but the doctor ignored her pleas to stop and continued to prescribe it anyway.

Although Dicandia admits to exaggerating his pain to obtain the drugs, it was ultimately the doctors’ responsibility to ensure that they were only prescribing what was necessary by properly testing their patient.  Instead, they both turned a blind eye and now they must pay the price.

The state medical board is currently in negotiations with both doctors to determine a settlement amount.

Prescription malpractice comes in many forms.  In this case, it was blatant negligence on the part of the two doctors.  And although the patient in this case escaped his addiction and is now living a normal, healthy life, it could just as easily ended with a deadly overdose.

If you know someone who is battling an addiction that is being aided by a doctor who you feel is committing prescription malpractice it’s important to come forward.  The first step is to talk to a medical attorney.

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Posted by Dave Austin

Social Media Activity Could Prove Costly for Med Students

October 4, 2009

With the ever increasing popularity of social media sites such as Facebook, Myspace and YouTube, comes the rising risk of medical malpractice lawsuits for many young med students who aren’t careful when using them.

A recent study revealed some disconcerting facts about medical students posting inappropriate and confidential content on the web for all to see through the use of various social media outlets.

Some of the incidents uncovered involve the posting of pictures of drug paraphernalia, posting identifying details about patients online and a even request for an inappropriate friendship with a patient through one of the sites.  Additionally there was an incident reported of a video being posted which depicts several medical students performing a prank with what appears to be a cadaver.  It is still unclear whether the body was real or not.

What’s most disturbing is that, although most medical school deans are aware of the inappropriate online activity of many of their students, few have any formal policies in place to dictate what is and isn’t appropriate for online use.  Still, some are beginning to crack down on the problem, issuing punishments that range from warnings to expulsion.

The bottom line is, these students must realize that they will soon be doctors and nurses and must act the part now.  Participating in unprofessional conduct online can open the doors to costly medical malpractice lawsuits against them.  And a jury will likely not take well to a doctor who exposes confidential patient information in a public forum, or makes jokes about serious medical conditions.

It’s an interesting topic that we will likely see more of as the use of social media websites continues to grow in popularity.

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Posted by Dave Austin

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