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.

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.

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.

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

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.

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.

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

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.

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.

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