How to Increase your Chances of Success in your Birth Injury Lawsuit

November 29, 2009

Dealing with the aftermath of a birth injury can be stressful, discouraging and overwhelming to say the very least.  Things such as cerebral palsy, brachial palsy and shoulder dystocia are all common types of injuries that can occur before, during and immediately following birth, and any of them can have life-altering results.

So, what should you do if you think your child has been a victim of a birth injury due to a doctor’s negligence?  Certainly the term “lawsuit” will have been mentioned to you, but aside from the general term, there are certain things that you should do to properly prepare and increase your chances of being successful in your claim.

  • Seek treatment immediately to have your child properly evaluated.  You will need strong medical evidence that the injuries your child is suffering from are as a result of negligence.
  • Be proactive.  Dealing with a birth injury can take up all of the time and energy of the parents of the child but it’s important to remember that there is only a certain time frame in which you are allowed to file suit.  As difficult as it may be, getting the ball rolling on your lawsuit right away will give you the best chance of being successful in court.
  • Hire a birth injury attorney.  Don’t just pick a general personal injury lawyer – you want to be sure that the person representing you has in-depth experience specifically with birth injury lawsuits.
  • Keep a journal.  As soon as you begin to suspect that your child may have suffered an injury at birth, you should begin keeping detailed notes about any signs, symptoms and developmental progress notes that you can document.  Being able to show this type of evidence in court can make your case that much stronger.
  • Be prepared for the possibility of a long, daunting experience once your lawsuit has been filed.  Birth injury cases are not always cut and dry, and the process can take months, sometimes even years.  Preparing yourself and your family for this from the start will make the process a little easier to bear.

Realizing that your baby may have been a victim of a birth injury is an extremely emotional experience, but once you’ve come to grips with what occurred, it’s important to focus on doing the right things in order to successfully obtain compensation for the losses you and your family have suffered.  Following the steps above can get you on the road to justice for your child.

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Posted by Dave Austin

Doctor with History of Medical Malpractice Claims Still Practicing

November 25, 2009

A doctor who recently had his license revoked by the Florida Medical Board has moved and is now practicing medicine in New York, despite the allegations of medical malpractice against him.

You may have read about the young girl who went to see Dr. Pierre Jean-Jacques Renelique for an abortion at his Florida clinic several months ago.  The doctor was late to arrive and the girl ended up delivering her baby while she waited.  The medical malpractice comes into play when a staff member of the medical facility allegedly placed the fetus in the trash and Dr. Renelique later falsified the medical records to cover up the incident.

Given the details of the case, the state Medical Board took action and implemented the harshest punishment allowed, which was to revoke the doctor’s license to practice medicine.  The problem is, his license was only revoked in Florida, which means that he is still able to treat patients in any other state in which he is licensed.

It appears that is exactly what Dr. Renelique has done.  He has moved to New York and is now working at a clinic in the Bronx.  The question remains, do his current patients know about his dark past, and would they choose not to be treated by him if they were aware.

This is yet another example of the importance of doing your homework before you seek treatment from a physician.  Just because they are free to practice in your state, doesn’t mean that they haven’t had prior issues in other states.  A great resource for this is the Federation of State Medical Boards website , where you can look up disciplinary actions and other sanctions against a doctor.

Remember, the best way to avoid a medical malpractice claim is to take measures to avoid becoming a victim before it happens.

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Posted by Dave Austin

What is Informed Consent?

November 21, 2009

In terms of medical treatment, it’s a fair statement to say that every patient has the right to be properly informed about any type of care they are to receive, so that they are able to make appropriate, well thought out decisions as to their own healthcare.  This is basically known as informed consent, and when it is absent the result may be medical malpractice.

Informed consent means that any doctor or medical professional who is going to perform a procedure or treatment on you has to first give you all the relevant information regarding such treatment, allowing you ample time to decide whether or not you agree to it.  Although it can be verbal, consent is typically given in writing, and will usually contain the following information:

  • Who the doctor is that is going to be treating you
  • The physician’s qualifications
  • The medical condition you currently suffer from
  • The reason why the treatment or procedure is being recommended
  • Any and all risks involved
  • The alternatives available to the patient, their risks and whether non-treatment is also an option
  • How successful the treatment or procedure is expected to be
  • Estimated time of recovery
  • Costs associated with the procedure, and if it is likely to be covered by health insurance

Of course, there are certain circumstances, such as an emergency situation or when a patient is unconscious, when informed consent is not possible.  In these situations, physicians are expected to act in the best interest of the patient and within the appropriate standard of care.  They cannot, however, decide to perform additional procedures that aren’t medically necessary, or assume that a patient would have elected to do so had they been conscious at the time or given the ability to make an informed decision.

Lack of informed consent is not always cut and dry and can be difficult to prove.  In order to be successful in a medical malpractice case of this nature, you must be able to prove that an injury you suffered was as a direct result of not receiving appropriate informed consent, and that had you been properly informed you wouldn’t have consented.

The best chance for a successful outcome in an informed consent malpractice case is to first discuss the details of your situation with an experienced medical attorney.

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Posted by Dave Austin

Persistence Pays off for Family in Medical Malpractice Case

November 18, 2009

The family of a woman who died in 2004 after a misdiagnosis of cervical cancer was persistent in their efforts to get justice for her in their medical malpractice lawsuit.  The case was originally dismissed for lack of substantial evidence, but they refused to give up.  They recently presented new evidence of fraud on behalf of the negligent doctor and won another day in court.

Parminder Kaur Bhatia was a patient of Dr. Anuradha Kollipara for several years, dating from 2000 through 2004.  The final time Bhatia was treated by Dr. Kollipara in April 2004, she was complaining of fatigue and an irregular menstrual cycle.  Her husband and daughter were present and they claim that at no time was Bhatia advised to have a Pap smear, a test designed to detect cervical cancer.

She was later diagnosed with the condition, but by then it was too late.    She died a few months later at the age of 46.

The original lawsuit was dismissed mainly because medical charts submitted by Dr. Kollipara showed that on several occasions she had recommended that the patient schedule a Pap smear.  Based on this evidence, the original judge overseeing the case felt that the doctor was not at fault for Bhatia’s death.

Bhatia’s family refused to give up, however, and hired a forensic document examiner to take a closer look at the medical records in question.  Shockingly, it was discovered that a different pen had been used on three of the six reports where the Pap smear recommendations were referenced, indicating that the physician had tried to alter the documents to make it appear that she had, in fact, suggested the patient be tested.

Because of the persistence of Bhatia’s family, the evidence was enough for a judge to grant them a new trial.

If you have tried in the past to file a medical malpractice lawsuit but have been unsuccessful, it may benefit you to discuss your situation with a skilled medical attorney to determine if you still have a chance to seek justice for yourself or your loved one.

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Posted by Dave Austin

OR Fire Results in Medical Malpractice Claim

November 14, 2009

Anyone who has had to undergo a surgical procedure, no matter how minor, knows that there is always a feeling of nervousness and uncertainty associated with the experience.  Things like wrong site surgeries and anesthesia overdoses are always on the back of our minds and we hope we don’t become an unlucky victim of any such medical error. What we don’t typically worry about, however, can be even more dangerous, as was the case with Concetta Tomasone.

Known to her family as “Aunt Chris”, Tomasone underwent what should have been a relatively simple surgery for a pacemaker at a Las Vegas hospital earlier this year.  Three days later, instead of heading home to recover, Tomasone died as a result of the severe burns she received during the surgery.

According to case documents, the fire on the operating table was caused by a deadly combination of high levels of oxygen, flammable surgical prep solution and a spark from an electric surgical instrument, which ignited the dressing that covered Tomasone’s head.  She suffered second and third degree burns over 30% of her body and was never able to recover from her injuries.

The hospital, which deems the incident “an unfortunate accident”, claims they took all appropriate measures to address the situation, however the State Bureau of Health Care Quality and Compliance did an investigation and found several deficiencies.  Perhaps most disturbing was the fact that the staff failed to call the fire department once the fire started.  The Bureau issued a statement saying that “the actions of all parties involved were way past negligent….they were egregious”.

Tomasone’s family is seeking $350,000 in damages in their medical malpractice lawsuit.  Not for profit, they say, but in hopes that it will prevent this from happening to someone else.

Medical malpractice can come in many different forms, and some more common than others.  If you have been injured during a medical procedure, even if you’re not sure if it was negligence, contact a medical lawyer right away.  He or she can review your situation and help you determine whether you’ve been a victim of medical malpractice, and what the next steps should be.

Source:  www.lasvegasnow.com

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Posted by Dave Austin

Woman Sues for Medical Malpractice after Abortion

November 7, 2009

A Minneapolis woman is suing Mayo Medical Laboratories after she terminated a pregnancy based on misinterpreted test results.

According to the lawsuit, Mayo Medical misread an amniocentesis and advised the woman that her child would be born with Down syndrome.  The woman claims that she was told that the test revealed that her baby had “an abnormal result for chromosome 21, ‘consistent with Down syndrome’”.

Based on this news, the woman made the decision to have an abortion.  An autopsy performed on the fetus after the pregnancy was terminated, however, revealed that the baby did not have the condition and was, in fact, healthy.

After the truth was discovered, the medical lab re-examined the test slides and ran the test again, discovering that there was a contamination error in the first one.

The victim is asking for $75,000 in damages.

It is disconcerting to know that something as simple as misread test results can result in a life changing event or mistake.  If you have suffered injury as a result of a doctor misinterpreting your test results, you have the right to seek justice for your injuries, pain and suffering.  Speak to a skilled medical attorney to discuss your options.

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Posted by Dave Austin

Wrongful Death Lawsuit Filed in Fatal Hospital Bed Fall

November 5, 2009

The son of an 83 year old West Virginia woman has filed a wrongful death lawsuit claiming she died as a result of injuries suffered after falling out of her hospital bed.

Richard Hornick’s mother, Mary, passed away just months after she fell from her hospital bed while she was a patient at the Thomas Memorial Hospital.  His lawsuit claims that her fall was as a result of the negligence of hospital staff.

On December 8, 2007, while Ms. Hornick was an inpatient at the hospital, she was not properly monitored by staff and tumbled from her bed as a result.  The fall caused severe bruising, cuts on her head and arm and a hematoma.  The lawsuit claims that Ms. Hornick should have been monitored more closely because she met the hospital’s high-risk category.

Six months later, the victim died at a nursing facility.  The cause of her death was determined to be primarily due to dementia, but the secondary cause was listed as a cerebrovascular accident, in other words, the fall.

Hospital falls can be so dangerous that the FDA has released a guide to hospital bed safety.
Know someone who suffered after a dangerous fall from a hospital bed?  You should also know your rights.  A medical attorney can explain them to you.

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Posted by Dave Austin

Ohio Jury Returns $6.3 Million Medical Malpractice Verdict

November 3, 2009

Victory was had in the medical malpractice case involving an Ohio woman who suffered brain damage following a small outpatient surgery in 2007.

59 year old Sally Clawson went in for a simple 30 minute laser procedure on her back on March 2, 2007.  Shortly after the surgery, Clawson began complaining of pain.  At that point, she was given 20 mg of morphine followed almost immediately by 20 mg of Valium.  According to court documents, this combination can cause severe respiratory problems.

After the double dosage of pain medication, Clawson began vomiting and was subsequently given even more medication.  Shortly thereafter she became “nonresponsive to verbal stimuli” and during the next hour drifted in and out of consciousness.  At that point she was intubated to allow her more oxygen into her lungs.

But it was already too late.  Clawson had already suffered irreversible brain damage that could have been avoided, the lawsuit claims, had she been intubated a mere half hour earlier.

Clawson now lives with her son, and suffers seizures and difficulty walking.  She cannot speak, requires assistance with eating and has such severe short-term memory loss that she gets lost if she leaves her house.

The jury awarded the massive verdict, specifying that it be allocated as follows:

  • $4 million for future medical care
  • $73,000 for past medical expenses
  • $1.25 million for pain and suffering
  • $182,000 for future lost wages
  • $50,000 for past lost wages
  • $500,000 for loss of ability to perform daily activities
  • $250,000 for loss of consortium

The trial lasted two weeks and it took the jury only seven hours to reach a verdict.

Source:  www.daytondailynews.com

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Posted by Dave Austin

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