$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.


Medical Attorney to File Medical Malpractice Claims for Vets

July 31, 2009

The U.S. Department of Veterans Affairs is being asked to compensate the victims of medical errors made at three VA hospitals that might have exposed them to infectious disease.  The medical lawyer is currently representing some 60 veterans in their medical malpractice claims.  Many of the approximately 10,000 patients affected have also sought legal representation.

The cases stem from an investigation that found that three VA hospitals were using improperly cleaned medical equipment used for colonoscopies, which potentially exposed patients to bodily fluids and infectious disease.  10,320 patients were warned of the potential exposure and advised to undergo blood tests right away to determine if they were infected.

According to recent records, of the patients who were tested, 37 tested positive for hepatitis C, 12 for hepatitis B and 8 for HIV.  Unfortunately, not everyone warned has returned for the follow up testing, so there may be many cases of infection that have thus-far gone undiagnosed.

The VA has released a statement expressing regret for the medical errors that were made, but noting how the agency has “aggressively dealt with them”.  They have offered free medical care to all of the veterans affected, but not surprisingly many of them feel that’s just not enough; especially those who now face living life with an infectious disease.

With all the claims being filed, and the thousands of lives that have been affected by this case of mass medical malpractice, there will certainly be more news to come and hopefully justice to report for the victims.

Source:   http://www.google.com/hostednews


Settlement Reached in VA Wrongful Death Lawsuit

July 22, 2009

The wife of a veteran who died from a blood infection following a biopsy performed at an Illinois VA has reportedly settled her wrongful death lawsuit with the U.S. Government.  The details of the settlement have not yet been made public, though she was seeking $10 million in damages.

Darla Marshall sued the VA hospital that treated her husband James in July 2007, claiming that his death resulted from a blood infection that he contracted after he underwent a biopsy of his lymph nodes.  The lawsuit alleged that Marshall’s death was caused by the medical negligence of Dr. Jose Veizaga-Mendez, who also happens to be linked to several other medical malpractice claims.

It wasn’t just the doctor, however, that had a questionable history.  An investigation of the VA was performed between October 2006 and March 2007, which involved the review of more than thirty cases, and revealed at least nine deaths that were caused by substandard medical care.  At this point, only minor surgeries are allowed to be performed at the facility.  All major surgeries have been halted with no indication of when, if ever, they will be allowed again.

Dr. Veizaga-Mendez has an even shadier past.  He was involved in another wrongful death suit involving a patient who bled to death following gallbladder surgery in 2007.  That case was also settled by the government, who agreed to pay $975,000 to the victim’s wife.  In addition, the physician had been investigated for seven medical malpractice cases in Massachusetts in 2004 and 2005, two of which resulted in death.  His license has been suspended indefinitely.

As in previous posts, the importance of researching before choosing a doctor has been reiterated again and again.  In cases like this, however, it can be difficult to know in whose hands you are placing your wellbeing.  If you have suffered at the hands of a negligent physician, or have lost a loved one as a result of medical malpractice, you should discuss your situation with an experienced medical attorney.


Negligent Medical Technician Exposed Thousands to Hep C

July 20, 2009

In an act of gross medical negligence, a 26 medical technician who was addicted to pain killers was found to have been swapping clean syringes filled with Fentanyl with dirty ones she’d already used, filled with saline solution.

Blood tests have been offered to former patients of a Denver medical facility after it was discovered that thousands had potentially been exposed to hepatitis C because the technician, Kristen Diane Parker, who had used the needles, has the disease.

So far, at least nine of the patients exposed have tested positive for Hep C.

Perhaps the most egregious part of the case is the fact that Parker, a trained medical professional, knew she had the disease and that her actions were placing thousands of innocent patients in risk of contracting it too.

Not only will Parker likely be facing multiple medical malpractice claims, she is also being charged criminally.  She is currently in federal custody and could face up to twenty years in prison for what she’s done.  Additionally, if any of the infected patients subsequently dies as a result of her negligence, she could be put away for life.

Source:   www.themoneytimes.com


Another Disturbing Medical Malpractice Statistic

June 28, 2009

It’s a fact that a good majority of medical malpractice claims are the result of missed diagnoses in patients, but some recent statistics may prove why.

Cornell Medical College in New York found in a recent study that doctors fail to notify their patients about positive or abnormal test results seven percent of the time.

That might not seem like a lot, but if you break it down a different way, and realize that that equates to one out of every fourteen tests, it becomes much clearer.

The real issue behind these statistics is the fact that there are good number of patients who are left in the dark about potentially dangerous medical conditions.  This, in turn, prevents adequate and timely treatment, the absence of which can lead to furthering of a disease, complications or even death, thus leading to medical malpractice and wrongful death lawsuits.

This should be taken as yet another reminder of the importance of being an advocate for your own health.  Any patient who undergoes a medical test should follow up afterwards for the results.  Don’t be shy or embarrassed.  If you don’t take matters into your own hands, you too could end up part of this statistic and find yourself filing your own medical malpractice claim.


5 Ways to Avoid Medical Errors

June 18, 2009

With all the medical malpractice claims we hear about in the news, it’s easy to be fearful that you or I will become the next victim at the hands of a negligent doctor.  Obviously it is impossible to avoid every medical error, otherwise there would be no malpractice, however there are ways that we, as patients, can take matters into our own hands and avoid becoming a victim.

The Agency for Healthcare Research and Quality, a division of the U.S. Department of Health and Human Services, has actually created a helpful patient fact sheet containing a list of ways that we, as patients, can become advocates for our own healthcare and hopefully avoid malpractice.  Five of their suggestions include the following.

If you have concerns or doubts, don’t be afraid to ask questions.  And perhaps more importantly, make sure you understand the answers.  For this reason, you should choose a doctor that you feel comfortable talking to.

Always maintain a list of all medications you take (including non-prescription meds).  And bring this list with you whenever you visit a physician or pharmacist.  Always discuss any drug allergies you suffer from, and ask questions so you understand what you are prescribed.  Medication errors are at the top of the list of medical malpractice claims, so if you are careful and educated, you can help prevent it from happening to you.

Ask for the results of any procedure or test you undergo, including when and how you can expect them.  Then follow up if you don’t hear from your doctor in an appropriate amount of time.  Often people work under the assumption that “no news is good news”.  Unfortunately, this is not always the case and you should never assume that just because you haven’t heard anything the results are fine.

Ask your doctor which hospital is best for your healthcare needs.  If you have a choice of hospitals, be sure to discuss with your doctor which one will best suit the needs of your specific situation.

Should your condition require surgery, make sure you understand exactly what will happen before, during and after the procedure.  Know all the possible risks and side effects before you go under the knife, and what, if any, the alternatives are.  Once you decide to move forward with surgery, you should sit down with your surgeon and ask plenty of questions.  A few suggestions include:

  • Exactly what does the surgery entail?
  • How long is it expected to last?
  • What should I expect after the surgery?
  • How long will my recovery last and how will I feel?

Don’t forget to notify your surgeon, nurses and anesthesiologist about any allergies, or bad reactions to any medications you are taking or have taken in the past.  Something that seems insignificant and unrelated to you may, in fact, be important so be as detailed as possible.

Taking the time to discuss your concerns and ask as many questions as you can might seem a bit cumbersome at first, but it may in fact mean the difference between a successful medical procedure and a case of medical malpractice.

Source:   www.ahrq.gov


Nursing Errors – Causes and Consequences

May 9, 2009

Nursing errors are typically not mentioned as much as other types of medical malpractice, however the instances in which they occur are steadily on the rise.  In fact, since 1995 more than 9,500 patients have been injured as a result of errors made by nurses.  1,700 have died.  These numbers are alarming, certainly warranting a closer look at what causes nursing errors and their consequences.

If you look at the job listings in most any area of the country, you are bound to see an abundance of openings for nursing positions.  The truth is there is a severe shortage of qualified nurses across the US.  This inevitably means that those who are employed are taking on a workload that is often much larger than it should be.  Many hospitals require their nurses to work mandatory overtime, adding insult to injury.  The result of this is a nursing staff that is overworked and exhausted.

Additionally, to make up for the shortage, many hospitals hire temps who are under qualified to lessen the load.  This dangerous combination can, and often does result in nursing errors.

As with any other type of medical mistakes, the consequences of nursing errors can range anywhere from simple to life threatening.  A few of the more common types of nursing errors include but are not limited to:

  • Improper medication dosage
  • Medication dispensed to wrong patient
  • Failure to report changes in patient condition to a physician
  • Failure to properly note changes in patient condition on charts
  • Improper use of medical devise
  • Failure to perform vital care in a timely manner
  • Performing tasks that are beyond the scope of their training

Any of these errors can result in injury or even death to the patient.  Victims of nursing errors are encouraged to discuss their situation with a medical lawyer who is experienced in dealing with these types of medical malpractice claims.


Possible Outcomes of your Medical Malpractice Claim

May 7, 2009

If you recently suffered injury at the hands of a negligent physician, you may have already consulted with a medical attorney and begun the process of filing a medical malpractice claim against the offending doctor.  But once the ball gets rolling, what can you expect next?  Will you go to court?  Will your case be decided by a judge or a jury?

There are generally three possible outcomes of medical malpractice cases.

Settling out of court. Contrary to popular belief, not every medical malpractice case ends up in court.  Many times the guilty party will admit fault and agree to settle to avoid further litigation.  This often happens when the doctor being accused and his attorneys feel that they don’t have a strong enough case to win in court.  When cases are settled out of court, they are typically concluded quickly (within a few months) which can be beneficial to the victim, especially when they are in need of settlement funds to pay medical bills and other expenses.

Mediation/arbitration. Often times both parties in a lawsuit cannot agree on a settlement amount and are forced to take the case to the next level.  This doesn’t necessarily mean court is in your future.  If you are unhappy with the settlement amount offered but would like to avoid a lengthy court battle, you have the option of using mediation or arbitration first to try and reach an agreed upon outcome.  All the parties involved, along with their legal representation, will meet with an unbiased third party affiliated with the court to try and reach an agreement that everyone is happy with and avoid going to court.  This can also mean a faster outcome than an actual courtroom case.

Going to court.  Sometimes an agreed upon settlement cannot be reached and the case must be presented to a judge or jury for a final decision.  Expert witnesses are usually called by both sides and testimony is heard as well as evidence presented for review.  It’s important to know that medical malpractice cases that end up in court can take a long time to resolve so you should be prepared to be in it for the long haul should your case end up in litigation.

Of course, every case is different and it can never be predicted exactly how yours will go, however your medical attorney should be able to give you a better idea of which option might be best for your individual situation, and also be able to estimate the possible amount of time you can expect your particular case to last.


Californian Surgeon Settles in Malpractice Case

March 5, 2009

Heart surgeon Dr. Lit Fung has agreed to settle in the amount of $260,000 for the surgical error he made when he used the wrong angiogram films while he operated on patient Sandra Baumgartner in 2005.

Fung admitted the mistake to Baumgartner and her husband after the surgery, and suggested that she not be concerned because her arteries were nearly identical to that of the other patient.  Because of this, the Dr. claimed, Baumgartner’s health would not be adversely affected by the error.

The patient felt differently, however, and pursued her medical malpractice claim anyway.  In 2007, she also settled with the hospital where the mistake occurred for $140,000.

Baumgartner originally refused the settlement hoping instead for a jury trial, however her failing health forced her to reconsider and she decided in the end to accept the deal, citing that she wanted to be sure her family would be taken care of after she passes away.

The total amount awarded exceeds the $250,000 cap that California imposes on non-economic damages, based on the fact that Baumgartner’s attorney was able to prove sufficient punitive damages in the case.

Source:  ModestoBee


A Strong Medical Malpractice Case – Do You Have One?

March 3, 2009

Not every mistake made by a doctor or nurse can be considered medical malpractice.  There are many different aspects to consider when determining whether or not your claim of negligence is valid and whether you have a solid case.  An experienced medical attorney can review your individual situation and help you determine whether or not it’s worth pursuing.

A few of the things that your attorney will consider include:

Duty to you, as the patient
.  In other words, can it be proven that the physician you are claiming malpractice against had a certain duty to treat you?  Ultimately, if you sought treatment from a doctor, nurse or other medical professional and they agreed to treat you, there was duty.

Breach of said duty. Did the treating physician fail to live up to the standard of care you, as the patient, were entitled to receive?  If not, then the duty he or she had to you was breached and you may very well have a legitimate medical malpractice claim.

Causation
– did you suffer losses as a result of the doctor’s actions?  Obviously you must be able to prove that because of the actions of the doctor in question, you suffered actual losses.  These losses typically need to be somewhat substantial if a medical attorney is going to agree to represent you.  Medical malpractice cases can be long and costly, so the amount of damages you are able to prove and hopefully collect will need to be greater than the cost of litigation if it is going to be worth pursuing.

Does your claim fall within the requirements of the law?
Medical malpractice laws differ from state to state, but every state imposes regulations on claims, such as statutes of limitations (the timeframe that you are allowed to file claim following a malpractice incident), that may determine whether or not you have a case.  An attorney who is experienced in malpractice law will be able to advise you on these regulations to ensure that you meet the requirements.

Do you have sufficient proof? Medical lawyers know many experts that they can call upon to review your case and testify on your behalf, but you must have evidence that they can work with.  The more documentation you have (i.e., medical records of follow up treatments, proof of losses, etc.), the better chance you will have of successfully proving your case.  If your evidence is lacking or cannot be easily proven, it may not be worth filing a lawsuit.

Medical malpractice claims are complicated and complex and each situation is unique.  Seeking the counsel of a medical attorney, although not required in malpractice suits, is highly recommended in order to determine whether you have a legitimate claim and better your chances of being successful if you do.


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