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

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

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.

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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

The Dangers of Radiation Malpractice

December 20, 2009

In recent months there have been quite a few reported cases of radiation malpractice, enough to raise concern that it is becoming a little too common.  The most recent case, involving an Alabama woman, even has the FDA launching an investigation.

Becky Coudert went to Huntsville Hospital in September where she was diagnosed as suffering from Bell’s Palsy, which causes paralysis of the face.  In an attempt to confirm the diagnosis, Coudert was given a CT scan, a test that involves the use of radiation.

A few weeks later, she began having difficulty speaking and had blurred vision, and her hair began falling out.  When she went back to the hospital she was informed that she may have been given an overdose of radiation.  Not just a little overdose, either.  Coudert received 12 to 14 times what she should have.

It is unclear whether the overdose was caused by human error or malfunction of the machinery, but regardless, Coudert has filed a medical malpractice lawsuit and the incident has caught the attention of the Food and Drug Administration, who is also investigating the hospital.

Perhaps the most disturbing part of the case is that the hospital in question may have actually administered too much radiation to some 60 patients.  These patients are being contacted as part of the investigation.

Radiation overdose can be quite serious and some of the side effects include:

  • Hair loss
  • Nausea
  • Headache
  • Infections
  • Fever
  • Vomiting
  • Fatigue
  • Weakness
  • Erythema (redness of the skin)

Anyone who may have experienced radiation malpractice should contact a medical attorney immediately.

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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

$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.

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Posted by Dave Austin

Former Prisoner Suing for Medical Malpractice

October 23, 2009

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

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Posted by Dave Austin

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