Medical Negligence Abroad

January 31, 2010

A New Delhi family is alleging that the doctors who delivered their baby gravely injured her and caused her death, just two days after her birth.  The level of medical negligence is shocking, as it was revealed that the newborn’s arm was slashed with a scalpel during her mother’s caesarian section.

Perhaps even more alarming is the fact that the initial injury may not be what caused her death.  According to the baby’s father, his daughter lay for two days and doctors never even dressed the gaping wound on her arm.

The hospital is all but denying the allegations, stating simply that, “the baby’s arm got hurt but it was not serious”.  They went on to say that “things like this do happen”.

Given the level of shock and anger over the child’s senseless death, the hospital is now being investigated by authorities and a promise has been made that the appropriate action will be taken against those who are found guilty.

It’s certainly no surprise that cases of medical malpractice occur all over the globe.  In fact, its cases like this that serve as reminders of how much more dangerous medical care can be in other countries.  But although the standard of care is typically higher in the US than in other nations, medical errors still occur.  If you have been a victim, contact a medical attorney right away to discuss your rights.

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Posted by Dave Austin

Visiting an Independent Medical Examiner: What to Expect

January 29, 2010

Filing a medical malpractice lawsuit can be complicated and there are many different steps that must be taken before the case is either settled or goes to court.  One of these steps is typically having to be evaluated by an independent medical examiner, which is a doctor hired by the defendant’s insurance company.

It’s important to keep in mind that an independent medical examiner’s main objective is to assist the defense in disproving your claim or minimizing the extent of your injuries.  Given this fact, you should be prepared ahead of time and know what to expect before your appointment so that you don’t do anything that might hurt your case.

Here are a few suggestions:

Be concise when answering questions. When asked about your pain or symptoms, state them clearly and concisely.  Rambling on may result in your saying the wrong thing by mistake, or mentioning something that may hurt your case in the long run.  Keep it to the point and you will be fine.

Be polite and cooperative. There is no need to be hostile with the independent medical examiner, even though you know he is technically not on your side.  Be as pleasant as you can and do as he or she asks.  For example, if the doctor requests that you bend or twist, do so to the best of your ability, but don’t make a production of it.

Know your condition and don’t minimize it. Although it’s good to be concise in your answers, you should also be sure not to leave out anything important when it involves your pain and symptoms.  Be specific in your list of limitations and complaints so that everything important is properly documented.

Avoid exaggeration. It may be tempting to get carried away when describing the real pain you’re experiencing, but try to keep it realistic.  Going overboard may make you appear to be dishonest which can only hurt your case.

Understand the details of your claim. The medical examiner may ask you specific questions about your case, like the date of the incident, the details of what happened, or the names of doctors you have consulted with.  Know this stuff ahead of time so that you’re prepared and confident.

Try not to be emotional. Certainly the experience of being a medical malpractice victim can be an emotional one, and dealing with the pain and suffering is upsetting.  But try to stay as focused as possible when meeting with the medical examiner.  Leaving the emotion out of it can make the visit go much more quickly and smoothly.

Be honest. Medical malpractice is a very real problem in this country, and only those cases that are legitimate should be pursued.  If a medical attorney has agreed that you are, in fact, a victim, there should be no reason to lie or stretch the truth when visiting with an independent medical examiner.  Doing so will only serve to hurt your case so remember to keep it honest.

These are just a few suggestions to help prepare you for this part of your case.  Your medical attorney will sit down with you to discuss your concerns and answer any questions you may have before you go to the appointment.  Being prepared and knowing what to expect can make a difference between a winning case or a loss.

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Posted by Dave Austin

Hundreds of Patients Affected in MD Hospital Malpractice Case

January 27, 2010

A hospital in Maryland is currently notifying patients of the possibility of mass medical malpractice after it was discovered that as many as 369 patients may have received unnecessary arterial stent implants.

Cardiac catheterization with the use of coronary stents is commonly done in an attempt to open up clogged arteries.  According to reports, the patients affected had only minor blockages in their arteries that did not warrant the use of coronary stents.  As a result these patients were exposed to unnecessary risk.

Coronary stents are typically implanted via the bloodstream and through the leg.  The risks associated with cardiac catheterization include:

  • Bleeding
  • Infection
  • Allergic reaction
  • Damage to blood vessels
  • Blood clots
  • Low blood pressure
  • Kidney damage
  • Arrhythmias
  • Heart Attack
  • Stroke

It is believed that a possible underlying reason for the unnecessary procedures is health care fraud, for which the hospital is currently under investigation.  These procedures are quite costly and most insurance providers, including Medicare, require that a patient’s artery be at least 70% blocked before they will approve the use of a stent.  It is reported that the hospital told the affected patients that they had frighteningly large blockages, some up to 95%, when in reality most of the blockages were less than 10%.

Being forced to undergo any unnecessary procedure can be physically and emotionally taxing on anyone.  The fact that the patients involved in this case underwent such a dangerous one only makes the situation that much more upsetting.  We will most likely see an influx of medical malpractice lawsuits as a result.

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Posted by Dave Austin

German Doctor Convicted of Egregious Medical Malpractice

January 21, 2010

Medical malpractice doesn’t happen only in the United States.  On the contrary, cases of doctors’ negligence occur even more frequently in countries abroad, due in part to less stringent safety regulations, poor conditions and more lax medical practices.  A recent case in Germany, however, has nothing to do with unsanitary conditions.  It’s a shocking case of blatant medical malpractice – for which the doctor responsible has been charged criminally.

Arnold Pier, director of a small private hospital in Wegberg, is being charged with causing bodily harm resulting in death for using lemon juice instead of sterile solutions to clean and disinfect his patients’ surgical wounds.  There are 64 counts against him involving 18 patients.

On Friday Pier was found guilty on one of those counts and sentenced to 15 months for the death of an unnamed woman who died as a result of a severe infection from the use of lemon juice in her wound.  The court found that the woman was not given informed consent about the unconventional treatment and therefore did not know the risks involved.

Court documents revealed that Pier regularly instructed hospital staff to use lemon juice, which was not properly sterilized, in the treatment of wounds as a way to cut costs for the struggling medical facility.  Prosecutors also allege that Pier conducted several unnecessary surgeries including kidney and gall bladder removals, as a way to make more money.

The judge presiding over the case called the acts committed a clear case of medical malpractice.  There are several additional cases pending against Pier regarding other patients who lost their lives due to his negligence.

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Posted by Dave Austin

Medical Malpractice Suit Filed for Unauthorized Sterilization

January 16, 2010

A Massachusetts woman is suing Baystate Medical Center for medical malpractice claiming they sterilized her without her consent.  The 35 year old mother of nine says doctors violated her reproductive rights.

Tessa Savicki went into the hospital in December 2006 to give birth to her ninth child.  She had previously asked doctors to implant an intrauterine birth control device (IUD) following the birth, but instead doctors performed a tubal ligation, permanently preventing her from having any more children.

Savicki’s nine children do not all have the same father, she is unemployed and she receives state aid to support her and her children.  She also suffers from non-Hodgkin’s lymphoma.  But she says, taking all of this information into consideration, regardless of how anyone else may feel about her reproductive activity, doctors violated her rights and committed medical malpractice when they performed the unauthorized procedure.

The key that may make all the difference in her lawsuit lies in the fact that Savicki never signed a written consent, which happens to be required under state and federal regulations.  Not only must one sign said consent, but it must be signed at least 30 days prior to the procedure being performed.  With no proof of consent, doctors in this case may be looking at a difficult road in defending their actions in this case.

It has not yet been specified how much Savicki’s medical lawyer is seeking on her behalf.

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Posted by Dave Austin

Rite Aid Sued for Prescription Malpractice

January 14, 2010

The family of a MI man is suing Rite Aid for the wrongful death of John Sheridan, alleging prescription malpractice contributed to his premature death.

Sheridan, who had malignant melanoma that had spread to his brain, was prescribed a lethal dose of a chemotherapy drug Temodar.  The prescription instructed him to take 14 capsules daily, approximately ten times the normal dose and nearly double that which would be considered fatal.  Sheridan did as instructed and took the medication, which actually caused his cancer to grow rapidly.

The prescription malpractice lawsuit claims that the overdose was a contributing factor to Sheridan’s early death at age 52.  His wife hopes the legal action she is taking will result in changes in pharmacy policy so this never happens to anyone else.

The doctor who wrote the incorrect prescription admitted fault and has settled with the family.  Katherine Sheridan is pursuing the pharmacy now, because she feels the error should have been caught before the prescription was ever filled and distributed to her husband.

Prescription malpractice is one of the most dangerous forms of negligence.  Patients who take the wrong drug, or too much of a medication can suffer further illness or even death, as in this case.  If you have been the victim of this type of medical malpractice, you should contact a medical attorney immediately to find out what your rights are.

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Posted by Dave Austin

4.6 Million Medical Malpractice Verdict

January 12, 2010

A jury has deliberated in the medical malpractice case brought by Buddy Hackney against his urologist and awarded the plaintiff and his wife a settlement totaling over $4.6 million.

Hackney claimed that his wound was bandaged for six days following a surgical procedure he underwent, during which time Dr. Mark Swofford failed to check the dressing.  Had he properly monitored the wound, he would have found that the dressing was impeding the patient’s blood supply, but because this went unchecked Hackney developed gangrene.

Several subsequent surgeries have still left Hackney permanently disabled.

After deliberating for just three hours, the jury found in favor of the Hackneys awarding Buddy $3,867,612.99 and $750,000 to his wife Geneva.

Surgical errors should never be taken lightly.  If you have been harmed at the hands of a negligent doctor you have the right to seek compensation.  Your best course of action is to discuss your situation with an experienced medical attorney.

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Posted by Dave Austin

Canadian Woman Suing for Chiropractic Malpractice

January 9, 2010

Debbie Henderson, a 43 year old Canadian woman, has filed a lawsuit for chiropractic malpractice claiming she suffered a stroke shortly after receiving treatment.

Henderson went to see her chiropractor last May complaining of frequent, recurring headaches.  According to the lawsuit, the doctor had her lying on her back on his table when he stated, “Oh, this is what is causing your headaches” and proceeded to perform what’s known as a cervical neck manipulation.

The suit claims that when the chiropractor violently turned Henderson’s head to the left and then immediately to the right she heard two loud cracks.  She left the office and walked a short distance to the building where her mother lives.  Shortly after arriving Henderson began to feel disoriented and was taken by ambulance to the hospital.

It was then that doctors determined Henderson had suffered a stroke.  The cause was damage to her internal carotid artery, a result of her chiropractic treatment.  Henderson remained in the hospital for 17 days, and now she claims to suffer from lingering side effects such as brain damage, loss of sight in her right eye, weakness and slurred speech, among other conditions.

The details of the chiropractic malpractice lawsuit do not include how much Henderson is seeking in damages.

Source:  Cnews.canoe.ca

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Posted by Dave Austin

Doctor Wins Lawsuit for Daughter’s Birth Injury

January 7, 2010

Dr. Angelique Campden learned first hand that medical malpractice can happen to anyone – even someone who works in the medical industry.  She recently filed a lawsuit against Cedars-Sinai Medical Center claiming they caused her daughter’s birth injury due to substandard care.

Campden’s daughter Paris was born prematurely and spent several weeks in the neo-natal unit as a result.  At one point, Campden claims that she noticed her baby was exhibiting signs of distress and brought her concerns to the staff.  Paris’s heart rate was alarmingly slow and she ceased breathing on multiple occasions.  She was also overly lethargic.

According to Dr. Campden and her medical attorney, despite her concerns hospital staff did not take action, attributing the infant’s symptoms to an anesthetic that had been used a few days earlier during removal of a catheter.

Dr. Campden was right to be alarmed, however, because her daughter was actually suffering from a dangerous hospital infection known as serratia bacterial infection.  It is known to be aggressive in newborns, but its effects can be minimized with prompt treatment.  Unfortunately, in Paris’s case, antibiotics were not administered until some 11 hours later, and by then she had suffered irreparable brain damage.

A jury confirmed Dr. Campden’s assertion that the hospital had committed medical malpractice and ordered them to pay over $7 million in damages.  The money will likely be used to pay for the special needs care that Paris now requires.

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Posted by Dave Austin

How a Medical Lawyer Evaluates a Medical Malpractice Case

January 5, 2010

Becoming a victim of medical malpractice can be one of the most upsetting and confusing experiences of one’s life.  Dealing with medical treatments, physical and emotional pain, and adjusting to life after the incident are enough to set your mind reeling.  The next step of meeting with a medical attorney can be just as confusing, so it can be helpful to know ahead of time what to expect and how your lawyer will likely handle your case.

Although many states have different laws governing medical malpractice cases, for the most part the initial process is pretty common across the board.  The first steps typically involve the following:

Initial meeting and fact finding session. The very first step in filing a medical malpractice lawsuit is determining whether or not malpractice actually occurred, and if it’s possible to be proven in court.  An experienced medical attorney will sit down and discuss your situation in detail to evaluate whether you have an actionable claim.  This is also a good time to ask any questions or bring up any concerns you may have.

Obtaining appropriate records.  Once it’s determined that you are likely a victim of medical malpractice, your attorney will want to get right to work gathering important records like medical files, charts and any other documentation that will help build your case.

Getting an expert’s opinion.  Although an experienced medical attorney could be considered an expert in the field of medical malpractice law, he or she is most likely not an expert in interpreting medical records.  This is why most malpractice attorneys have medical experts upon which they call to review a client’s detailed medical documentation.  This is typically when a final decision is made as to whether malpractice actually occurred.  This same expert may also testify on your behalf if your case goes to trial.

Estimation of the damages. Your attorney will then review all the facts in the case, including the evaluation performed by the medical expert, and determine just how much of a value can be placed on the damages you’ve suffered.  He or she will consider things such as past and future medical expenses, lost wages, loss of consortium, and pain and suffering, to come to an amount that makes sense to sue for.  This part is also important for the attorney since most medical lawyers are paid on a contingency basis, meaning they receive a portion of the final settlement amount.  The attorney has to be sure that you will receive a reasonable recovery amount while at the same time he or she will be properly compensated for their hard work on the case.

The truth is, at any point during these initial steps it may be determined that the case isn’t worth pursuing for one reason or another, be it lack of enough evidence or the unlikelihood that it will net enough to satisfy both the client and the attorney.

Another thing to take note of is that the more prepared you are as a client, before consulting with a medical attorney, the better your chances of having a legitimate claim.  It’s a good idea to begin documenting everything pertaining to your injury as soon as you suspect malpractice.  The more information you have, the easier it will be for your medical lawyer to work with you and hopefully get you the compensation you deserve, and knowing what to expect before you meet with a lawyer can make the whole experience much less stressful.

1 Comment | Medical Malpractice | Tagged: , , , , | Permalink
Posted by Dave Austin

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