Surgeon Sued for Negligence

February 6, 2010

Suzette Carlin, who has been battling for over a decade after suffering surgical malpractice, has finally won her case.  A jury awarded her $2.4 million to compensate her for the botched bowel surgery she underwent in October 1998, which has left her scarred and in constant pain.

At the time of the incident, Mrs. Carlin was already in the hospital where she was receiving ongoing “conservative medical management” for what doctors had diagnosed as an obstructed bowel.  Her gastroenterologist had determined that her condition was improving, and decided to keep her on the course of treatment she was on.

That all changed, however, when her gastroenterologist left town for a few days and she was seen by Dr. Zahid Chohan, a surgeon, who immediately scheduled Carlin for surgery the following day during which he removed more than twelve inches of her intestine.

Over the next several months Carlin was forced to undergo additional surgeries and was treated for multiple infections and complications caused by the original procedure.  Her medical attorney stated that Carlin spent a total of 88 days in the hospital, and must take medication daily to combat the pain she experiences.  She also has difficulty controlling her bowels and is terribly scarred.

The medical malpractice trial lasted three weeks before the jury found in favor of the plaintiff and her husband, awarding them $2.2 million and $200,000, respectively.

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Posted by Dave Austin

Woman Suffers Third Degree Burns from Surgical Malpractice

February 2, 2010

A woman is suing for surgical malpractice claiming that she suffered third degree burns on her back while she was being prepped for surgery.

The lawsuit was filed earlier this month by Veronica Sasenbury, who says that when she went in for surgery to treat her hyperparathyroidism, doctors allowed a hot object to press against her back causing her to suffer serious burns.  She was only 12 years old at the time.

Sasenbury says that doctors were negligent in failing to properly monitor her surgery preparation.  Her suit also states that one of the doctors at the hospital where the incident occurred did not properly supervise his assistants with regard to the proper placement of surgical devices.

As a result of the medical error, Sasenbury has had to endure multiple additional surgeries, is permanently disfigured and has suffered costly medical expenses, pain and suffering.

Every surgical procedure comes with a risk.  Some errors are completely unavoidable and not every mistake constitutes surgical malpractice.  There are some, however, that medical attorneys see more frequently than others, such as:

  • Surgery on wrong organ, wrong site surgery or wrong side surgery
  • Incorrect incision
  • Use of unsanitary surgical utensils
  • Puncture or perforation of an organ
  • Delayed surgery
  • Prolonged surgery

There are plenty of other scenarios in which a doctor or medical staff’s negligence contributes to the injury of a patient and causes surgical malpractice, but the best way to know for sure if you have been a victim is to sit down with a medical lawyer who has experience in dealing with surgical malpractice lawsuits.  He or she can evaluate your claim and help you determine what the next step should be.

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Posted by Dave Austin

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

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

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

Woman Sues Hospital for Amputating Legs

December 24, 2009

A young Pennsylvania woman is suing Uniontown Hospital for medical malpractice claiming that doctors overlooked an acute medical condition due to her intoxication.  As a result, the 20 year old underwent partial amputation of both of her legs.

According to the medical lawsuit, Shanna Hiles had consumed a large amount of alcohol while celebrating her birthday and subsequently lost consciousness.  She remained unconscious, seated on the floor with her legs tucked under her for over 12 hours before she was discovered by a relative the following day.

As a result of the position she had been in, she was experiencing tremendous pain in her legs, and was taken to the hospital.  It is there that Hiles’ medical attorney claims that doctors were negligent in failing to promptly and accurately diagnose the condition she was suffering from, known as acute compartment syndrome.  The condition is reversible with timely surgical intervention.

Hiles was not treated promptly, however, and was instead left unattended for nearly six hours because she was intoxicated.  She was finally air lifted to another hospital where it was necessary that both legs be partially amputated.

Hiles medical lawyer claims that his client would never have had to undergo such drastic surgery had she been properly monitored and treated.  She is seeking an undisclosed amount in damages.

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Posted by Dave Austin

North Carolina Expands Database to Include Medical Malpractice

December 22, 2009

Residents of North Carolina are one step closer to being able to proactively avoid becoming victims of medical malpractice thanks to the state Medical Board expanding their online database to include record of such incidents.

The website, ncmedboard.org, now includes information on medical malpractice lawsuits, suspensions, convictions and other disciplinary actions against the 35,000 doctors and other medical professionals that are licensed in North Carolina, all of which now must be reported to the board by law.

Patients can search the database by doctor’s name or by city.  This is a huge step in the right direction for transparency and allowing patients to take back control of their own health care.  It is likely that there will be fewer cases of medical malpractice in NC now that this resource is available for residents.

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Posted by Dave Austin

British Doctors Warned about Online Flirting and Medical Malpractice

December 11, 2009

An interesting warning has been issued to doctors in England by a medical organization that advises physicians on how to avoid medical malpractice lawsuits, but perhaps it is just a sign of the times.  They are reminding doctors of the dangers of online flirting with patients on social networking websites.

The Medical Defense Union is addressing the increasing popularity of social networking sites such as Facebook and MySpace and urging doctors who choose to be “friends” with patients on such networks to be careful about their conduct.

The organization’s warning reminds physicians that flirting with patients can raise ethical questions because of their role of trust in society.  It points out that these online connections sometimes blur the boundaries between doctor and patient, and could end up resulting in a medical malpractice lawsuit when these lines are crossed.

Likewise, remember that as a patient, anything you share on the internet, regardless of the site’s so-called privacy settings, can end up being used against you.  Medical malpractice cases are a good example of this, since many a defense attorney has been able to shed a negative light on a plaintiff by accessing something they posted online and thought was protected.  Always keep this in mind, particularly if you are involved in any type of legal action.

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Posted by Dave Austin

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