California Medical Malpractice « Medical Malpractice Lawyers Medical Malpractice Lawyers

Blog

Archive for the ‘California Medical Malpractice’ Category

Two Medical Malpractice Wrongful Death Lawsuits Filed Against California Nursing Home

Sunday, April 1st, 2012

A California nursing home in Northern California recently had two medical malpractice wrongful death cases filed against it for the deaths of two of its residents that occurred during 2011.

Case No. 1

In the first case, a man was admitted into the hospital in January, 2011, for treatment of his kidney disease and an infection. After being treated in the hospital, he was discharged to the nursing home for what was supposed to be a short stay for physical rehabilitation while his family arranged for medical care at his home. While in the nursing home, less than one hour after being left alone in his bed in his room, he was found lying unconscious on the floor of his room, suffering from a head injury. He died in the hospital two days later due to brain swelling.

The medical malpractice case filed by his family alleges that the nursing home failed to hire enough staff to take care of its residents’ needs, including the man who died, and that the negligence of the nursing home and its staff led to the man’s injuries and death.

Case No. 2

In the second case, a woman was transferred in February, 2011 from a hospital where she had been treated for her breathing problems to the nursing home for rehabilitative care. The medications that the woman was supposed to get at the nursing home included morphine sulfate and Xanax, which were ordered to be given three times a day (that is, every eight hours). Instead, as the medical malpractice case filed on behalf of her estate alleges, she was given the morphine sulfate and the Xanax at 9 a.m., 1 p.m., and 5 p.m. (that is, every four hours during the day time hours), which caused her to receive much more morphine sulfate and Xanax over a much shorter period of time than prescribed by her doctors.

The medical malpractice lawsuit alleges that as a result of being over-medicated with the morphine sulfate and the Xanax, the woman became medically distressed and had to be transported to a hospital emergency room for evaluation and treatment. The woman was diagnosed as having been overdosed with morphine that was causing kidney failure. She died two and a half weeks later in the hospital from acute renal failure that was allegedly caused by the medication overdose.

Source

Medication errors in nursing homes are not uncommon. Medication errors in nursing homes include the failure to provide the prescribed medications to the appropriate residents at the proper times, giving the wrong medications to the wrong residents, giving multiple medications to residents in combinations that are contra-indicated or dangerous, and not promptly and appropriately addressing changes in the residents’ physical and/or mental conditions that may require a change in medications or dosages, etc. Any medication error in a nursing home can cause harm (or worse) to a resident, especially in an elderly population or very sick population such as found in most nursing homes.

Nursing home medication errors may also result from residents being unable to participate in their own medical care such as questioning the medications that are being given to them, due to their dementia or other medical or mental conditions (for instance, a patient in a hospital who has been receiving a “blue pill” every four hours may question why all of a sudden a “pink pill” is being offered to the patient whereas a nursing home resident who may not have all of his/her mental faculties may not notice the change or be aware that he/she should question the change).

If you, a loved one, a family member, or someone you know has suffered injuries in a nursing home that may be due to medical negligence, you should consult with a medical malpractice attorney who may be able to investigate a possible medical malpractice claim.

Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to assist you with a medical malpractice claim for nursing home neglect or nursing home abuse. You may also reach us by toll free telephone call to 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

California Medical Malpractice Verdict For Migraine Treatment That Caused A Stroke

Saturday, March 24th, 2012

On March 19, 2012, after more than three weeks of trial, a California medical malpractice jury returned a verdict in the amount of $22 million in favor of a woman who suffered a debilitating stroke as a result of an invasive and risky diagnostic procedure recommended by her doctors for her life-long migraine headaches that her medical experts at trial said was unnecessary and dangerous and would not have provided any benefit to the woman based on the results of the non-invasive imaging tests that she had already undergone.

The woman claimed, and the medical malpractice jury determined, that she had not given her informed consent for the procedure because the risks of the procedure, the alternatives to the procedure, and the need for the procedure were not properly discussed with her in order to provide her the opportuntiy to make an informed decision whether to have the procedure.

What Happened To The Woman?

In 2006, the woman had a cerebral angiogram, which is an invasive and risky procedure that involved injecting dye into a vein that the woman’s doctors suggested may be the cause her migraine headaches. As a direct result of the procedure, the woman suffered a stroke that caused her to lapse into a coma for six weeks. When she awoke from her coma, she was unable to use the right side of her body and had limited use of the left side of her body. She needed around-the-clock care and was unable to speak or move for months after her stroke. She had to undergo exhaustive therapy that included physical therapy, speech therapy, and many other forms of therapy in order to recover from her injuries as much as possible.

At the time of the medical malpractice trial, the woman was able to speak slowly, sit in a wheelchair, and had the use of her left arm, but she needs assistance in order to stand. She still needs around-the-clock care and has to be turned every two hours at night in order to avoid developing bed sores.

The $22 million medical malpractice verdict included $2 million for the woman’s past medical expenses and her loss of earnings, $14 million for her future economic losses including necessary future medical care, and $6 million for her pain and suffering. The woman’s medical expenses are between $300,000.00 and $350,000.00 per year due to the injuries she sustained.

The $6 million that the medical malpractice jury awarded the woman for her noneconomic damages (her pain and suffering ) will be automatically reduced to and capped at $250,000.00, due to California’s cap on noneconomic damages. In other words, the woman will not receive $5,750,000.00 of the medical malpractice verdict that the jury determined to be fair compensation for the pain and suffering that she has suffered since the procedure in 2006, and for her pain and suffering that she will experience each and every day for the rest of her life, due to the medical negligence.

Source

If you or a loved one have been injured as a result of medical malpractice in California or in another U.S. state, the services of a medical malpractice attorney may be essential in order for you to obtain the compensation for your injuries and losses that the law allows you to obtain.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to assist you in investigating your medical malpractice claim and to file a medical malpractice case on your behalf, if appropriate.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

California Nursing Home Medical Malpractice Turns Criminal

Monday, March 19th, 2012

A 77-year-old Alzheimer’s patient, who had been married to her 81-year-old husband for 60 years, was admitted into a California nursing home for care so that she could recover from pneumonia. At the time of her admission to the nursing home, it was known that the woman was prone to chronic constipation due to her medications that required the nursing home staff to closely monitor the woman’s health.

The woman was a resident of the nursing home for only two weeks until she had to be transferred to the hospital where she was diagnosed with severe fecal impaction. The woman died while in the hospital in March, 2008. The doctors at the hospital also noted unexplained bruises on the woman’s body.

The woman’s death was originally investigated by the California Bureau of Medi-Cal Fraud and Elder Abuse in 2008 but criminal charges were not brought at that time. Following a news story that discussed the woman’s nursing home care and death, the nursing home’s former director of nursing and a nurse at the nursing home were criminally charged with felony elder abuse. The former director of nursing’s bail was set at $75,000.00. It was unclear whether the nurse had been arrested yet.

During the four years between the woman’s death and the criminal charges being filed against the two nursing home employees, the nursing home was sold from one corporation to another corporation. Perhaps the woman’s surviving husband will finally see justice obtained for his beloved wife.

Source

Texas Nursing Home Criminal Charges

On February 3, 2011, a 71-year-old nursing home resident in Texas who was suffering from Alzheimer’s disease and dementia wandered away from his nursing home and froze to death. A surveillance camera showed the man leaving the nursing home without supervision during the early morning. Two of the Texas nursing home’s employees were criminally charged with injury to the elderly (a third degree felony) and were arrested as a result of the incident (two of the nursing home employees resigned from their employment shortly after the man’s death).

Source

Kentucky Nursing Home Criminal Charges

The administrator of a Kentucky nursing home was criminally charged for failing to report the suspected sexual abuse of an elderly resident of the nursing home in 2009. In August, 2009, an 88-year-old woman suffering from Alzheimer’s disease was found in the room of another resident (male) who allegedly sexually assaulted her. This alleged incident was discovered purely by accident: an attorney who was taking the depositions of two former nursing home employees in an unrelated wrongful death case described this incident as well as another unreported incident involving the same 88-year-old female resident. The attorney contacted the woman’s family to provide the information to them.

Source

Kentucky Nursing Home ‘s Alleged Criminal Activity

A medical malpractice lawsuit was filed earlier this year against a Kentucky nursing home regarding an 87-year-old female dementia patient who was almost entirely immobile. The medical malpractice claim alleges that a family member of the woman’s roommate called the nursing home on October 21, 2010 to report that a nursing aide may have sexually assaulted the woman.

According to the medical malpractice lawsuit, the nursing home did not contact the woman’s family, did not immediately suspend the nursing aide pending an investigation, did not promptly contact the police or report the alleged sexual abuse, and did not immediately transport the woman to the hospital for evaluation and treatment. The nursing home staff bathed the woman and washed her clothing, which would have destroyed any DNA evidence that may have been available for analysis for an alleged sexual abuse crime.

The woman died in November, 2010. As of earlier this year, no one has been criminally charged as a result of the incident or its aftermath.

Source

New York Nursing Home Criminal Charges

A New York nursing home aide allegedly struck a 40-year-old developmentally disabled resident, who also suffered from schizophrenia and depression, in the head several times and the nursing aide’s supervisor allegedly failed to report the assault and tried to cover it up because she did not want to get the aide in trouble. The February 2, 2009 incident was allegedly observed by an emergency medical technician, who reported what he had seen to the nursing aide’s supervisor.

The nursing aide was charged with endangering the welfare of an incompetent or physically disabled person and willful violation of health laws. The aide’s supervisor (a nurse) was charged with falsifying business records and willful violation of health laws. They both pleaded guilty to willful violation of public health laws late last year and lost their licenses.

Source

If you or a loved one have been injured as a result of nursing home negligence or nursing home abuse, you or your loved one may be entitled to compensation for your injuries and losses. Medical malpractice attorneys may be able to investigate your possible claim and represent you, if appropriate.

Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to assist you with your claims or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

Los Angeles Medical Malpractice Settlement Proposed For Brain Bleed

Thursday, March 1st, 2012

The County of Los Angeles Claims Board is considering the settlement of a medical malpractice claim brought against the Rancho Los Amigos National Rehabilitation Center resulting from the debilitating and permanent injuries suffered by a former patient who suffered a brain bleed following a fall in his bathroom that was not properly diagnosed or assessed, according to the medical malpractice case filed on his behalf.

The patient had been admitted into the Rancho Los Amigos National Rehabilitation Center (“Rehab Center”) on November 27, 2009, for rehabilitation after a stroke. He was planning to spend the holidays with his family. Before temporarily leaving the Rehab Center, he fell in his bathroom, striking his head. The medical staff supposedly evaluated the patient after his fall and determined that he did not suffer any serious injuries. He was then allowed to leave the facility for the holidays. While with his family, he suffered a bleed in his brain, leaving him in a vegetative state.

The medical malpractice claim filed on his behalf alleged that the Rehab Center’s staff failed to perform a proper neurological assessment or to order a CT brain scan or MRI of his brain that would have indicated the beginning of the brain bleed (the patient had been on anticoagulants due to his stroke, which made him more susceptible to a brain bleed in the event he suffered trauma to his head).

The proposed medical malpractice settlement includes a settlement payment in the amount of $2.3 million plus assumption of the medical lien in the amount of $194,504.15 and waiver of the $634,026 hospital bill.

Source

It is well known that patients who are on anticoagulation therapy are more susceptible to bleeding in the event of trauma. Therefore, it is important to take appropriate precautions to reduce the risk of trauma to such patients, including injuries from falls. It is also well known that bleeding in the brain may take some time to develop following trauma to the head, often requiring close observation of the patient for a period of time, repeat neurological assessments, and repeat CT or MRI scans if the initial scan(s) was negative.

If you or a family member suffered a head trauma due to medical negligence, or if the head trauma was not timely and appropriately assessed, diagnosed, and treated, then you may wish to discuss your possible medical malpractice claim with a local medical malpractice attorney.

Please visit our website by clicking here or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be willing and able to investigate your possible medical malpractice claim and file a medical malpractice case on your behalf, if appropriate.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

California Hospital Malpractice Results In Suffocation Death — And $100,000 Fine

Thursday, February 2nd, 2012

According to California health regulators, the long-term nursing unit of a California hospital was responsible for the negligent medical treatment and death of an 81-year-old woman in June, 2011, who had a breathing tube in her throat. The investigative report determined that the nurse who was changing the woman’s breathing tube failed to remove the cap on the new breathing tube, which caused the woman to die by suffocation because she could not get any air into her lungs.

The hospital was fined $100,000 by the State of California (the maximum allowable fine) for its alleged failure to have procedures in place for replacing patients’ breathing tubes. The hospital has indicated its plan to appeal the fine.

There are about 1,300 nursing homes in California. About 20 of them are fined the maximum amount each year.

The woman had been in a vegetative state for about one year after suffering a stroke. She was able to open her eyes but she could not communicate with others or follow directions. While she was able to breath on her own, the breathing tube was used for medical treatments.

Source

One can only imagine if the woman was aware of her dire circumstances while she suffocated to death. One would hope that she was not. Can anyone imagine the pain and anguish that the woman would have felt if she was aware that she could not breath and that she could not resolve her breathing problem on her own?

When a patient must rely completely and solely on the care of others who are supposed to be professionally trained in providing medical care that is required in order to sustain life, even a seemingly small oversight such as failing to remove the end cap of a new breathing tube after replacing an old breathing tube may result in catastrophic and irreversible injuries or death.

While it may be safely assumed that the nurse who failed to remove the cap on the woman’s breathing tube had no intention of making that medical mistake, and many people may empathize with the nurse’s probable reaction and feelings when she discovered that her medical error caused her patient to suffocate to death, one must not lose sight of the fact that a person died a horrible and unnecessary death as a result of medical negligence.

The extent of the harm caused by negligent medical care is not always directly related to the egregiousness of the negligent act or omission that was the cause of the injuries suffered. The smallest mistake may result in the ultimate injury – death. A moment’s lapse in judgment or the slightest distraction when providing necessary medical care is all that is needed to set in motion the chain of events that forever impact a patient’s enjoyment of life. An unconscious patient or a patient otherwise unaware of a medical provider’s mistake or error is most at risk for suffering the consequences of medical malpractice. Many patients are not even aware that medical malpractice was the cause of their “bad medical outcome”; they only know that they suffered unintended or unexpected results from their medical treatment.

Compounding the problem of discovering whether medical malpractice was the cause of a patient’s injuries is the fact that the very medical providers who may have committed medical malpractice are the ones who write and create the medical records that often fail to reveal the full extent of the medical errors or mistakes that caused the harm to the patients.

If the medical malpractice of a medical provider such as a hospital, nursing home, assisted living facility, doctor, nurse, medical aide, or other caregiver has caused you or a family member to suffer pain, injuries, or death, the legal services of medical malpractice attorneys in your local area may be helpful in filing a medical malpractice claim for compensation for your losses.

Click here to visit our website to be connected with local medical malpractice lawyers in your state who may be able to assist you with your medical malpractice claim. You may also reach us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

California’s Medical Malpractice Damages Cap Limits Valid Claims And Benefits Bad Doctors

Thursday, January 19th, 2012

California has one of the lowest medical malpractice damages caps in the United States — $250,000. This cap limits potential medical malpractice claimants from finding medical malpractice lawyers willing to take their cases, no matter how valid the claims and the seriousness of the injuries, because the costs of litigation (including tens of thousands of dollars paid to medical experts to review the medical records, render their opinions, and testify during depositions and at trial) and the vast time commitment make the decision to take the case prohibitive.

In a California case involving a 17-year-old girl who was born with a heart defect that required surgery as an infant and a follow-up routine catheterization procedure before going off to college, the cardiologist informed the girl’s waiting parents immediately after the catheterization that an “incident” occurred during the procedure that deprived their daughter’s brain of oxygen for 40 seconds. The daughter never regained consciousness and died ten days later after being removed from a ventilator.

The parents felt that they were not being told the truth about what happened to their daughter during the catheterization procedure. The hospital was not helpful in determining the truth. The only way the parents could discover the truth about the reasons for their daughter’s death would be to file a medical malpractice case but they had difficulty in finding a medical malpractice attorney to help them because of the $250,000 California cap on damages.

They finally found a medical malpractice lawyer who was willing to file their medical malpractice case pro bono. Nonetheless, their lawyer had difficulty obtaining the full and complete medical records from the hospital where the catheterization was done. Their complaint filed with the California Department of Public Health resulted in an investigation that revealed that one of the participants in the teenager’s care removed her catheters without the proper supervision and another was not authorized to treat patients. In response to the investigative findings, the hospital responded by adding a warning to its informed consent form to advise that patients may be treated by doctors in training.

The parents’ medical malpractice case ultimately resulted in a settlement in the maximum amount allowed under California law – $250,000.

Source

To us, this California medical malpractice claim is an example of two of the many shortcomings with regard to medical malpractice damages caps — that damages caps are woefully inadequate to compensate the most severely injured medical malpractice claimants and that damages caps result in many egregious medical malpractice wrongdoings remaining hidden from the victims and their families because medical malpractice lawyers cannot afford to represent such deserving claimants because of the low limit of the caps.

One result of valid medical malpractice claims not being filed because of low damages caps is that incompetent (or worse) medical providers are not identified by hospitals or supervisors and therefore are permitted to continue to provide substandard medical care that injures (or worse) unsuspecting patients.

Medical malpractice damages caps must be identified for what they are — subsidies for bad medical care that harm patients and disincentives to weeding out incompetent doctors and other incompetent medical providers. Contrary to the mantra of tort reformers, medical malpractice damages caps preclude many valid medical malpractice claims from being filed and would have no effect on medical malpractice lawyers who bring ”frivolous lawsuits” (by the way, can tort reformers provide any statistics regarding how many medical malpractice claims are frivolous (or the number of sightings of the real Big Foot, Santa Claus, or the Easter Bunny, for that matter))?

When the effects of medical malpractice cause you or your family to suffer substantial injuries, significant pain and suffering, or additional medical expenses, you may wish to consult with a local medical malpractice attorney regarding your possible medical malpractice claim and your right to be compensated for your losses.

Visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be willing and able to assist you with your medical malpractice claim.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

California Doctor Discipline Is Dismal

Tuesday, January 3rd, 2012

While doctors relentlessly attack medical malpractice lawsuits as “frivolous,” it is a statistical fact that doctors with more than one medical malpractice claim or disciplinary action are responsible for a disproportionate number of medical malpractice claims. Therefore, doctors with disciplinary histories should be under increased scrutiny to insure that they are not committing more medical mistakes.

On August 9, 2011, Public Citizen (a well-respected, nonpartisan advocacy group whose efforts are intended to make “for a healthier and more equitable world by making government work for the people and by defending democracy from corporate greed”) sent a letter to California’s governor to bring attention to California’s problem with disciplining its doctors by the Medical Board of California (“Medical Board”). Public Citizen’s concern was the Medical Board’s failure to discipline 710 California doctors who were subject to discipline for wrongdoing by California hospitals and other health care organizations between September 1990 and December 31, 2009. (The Medical Board responded that part of the problem with its failure to discipline these doctors was the Medical Board’s understaffing and lack of resources.)

Public Citizen also found that 102 of the 710 doctors had been determined by peer reviewers to be an immediate threat to the health or safety of patients (the 710 doctors represented about one-half of the total number of doctors disciplined by California hospitals and other health care organizations during the period, and 35% of the 710 doctors were repeat offenders). Of the 220 doctors in the United States found to be an immediate threat to health or safety of patients, almost half were California doctors. These doctors who were found to be an immediate threat to health or safety of patients were all subjected to suspension, revocation, or limitations of their clinical privileges.

The wrongful acts of the California doctors who were not disciplined by the Medical Board included medical malpractice incidents, unintentionally leaving surgical equipment in patients during surgery, and alcohol or substance abuse by the doctors.

Public Citizen found that California’s doctor disciplinary rate has been steadily declining since 2006, with little effort to improve its doctor disciplinary rate (California used to be among the best states for doctor discipline but had fallen to 35th in Public Citizen’s 2011 analysis). In addressing the problem with California’s doctor disciplinary rate, a report by the California Medical Board Enforcement Program Monitor in 2005 recommended transferring medical board investigators to the California Department of Justice so that they can work directly with Health Quality Enforcement Section prosecutors (which has not been done) and increasing licensing fees so that the Medical Board’s budget could be increased (the budget has been increased but has not resulted in an increase in enforcement staff).

Source

Bad doctors (our term used to describe doctors subjected to prior disciplinary action (medical license suspension, revocation, and/or limitations)) who are allowed to continue to practice bad medicine (as evidenced by “repeat offenders”)) represent a medical malpractice ticking time bomb that could have and should have been defused before they commit medical malpractice. The health and well-being of patients must be the highest priority — the financial interests of disciplined doctors to continue to treat patients when they have been found to be an “immediate threat to health or safety” of patients should not even be a consideration.

If you or a loved one have been injured due to suspected medical malpractice, the advice of a medical malpractice attorney is crucial. Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to assist you with your possible medical malpractice claim against negligent doctors or other negligent medical providers or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

Tags: California Doctor Discipline Is Dismal, California medical malpractice, California medical malpractice attorneys, California medical malpractice lawyers, doctor discipline, medical error, medical malpractice, medical malpractice attorneys, medical malpractice claims, medical malpractice lawyers, medical mistake, medical negligence
Posted in California Medical Malpractice, Client Updates, Is it Medical Malpractice?, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Statistics | No Comments »

Today’s 300th Consecutive Daily Blog Posting For MedicalMalpracticeLawyers.com

Thursday, December 29th, 2011

Today, MedicalMalpracticeLawyers.com is proud to celebrate its 300th consecutive daily blog posting. Over the course of 299 postings, we have explored numerous medical malpractice topics, including states’ medical malpractice laws, states’ statistics regarding medical malpractice claims, results of medical malpractice jury verdicts in various states, and relevant and timely medical information useful to our readers.

Our medical malpractice research over the last 10 months has revealed the constant assault on the rights of medical malpractice victims to receive fair and adequate compensation for their losses that has drastically, unfairly, and indiscriminately reduced the compensation received by them for their permanent, painful, and debilitating injuries and losses.

Our blog has examined the well-financed and highly-organized efforts of the health care industry promoting “tort reform” legislation drafted on its behalf by politically-connected, highly-paid lobbyists who employ public fear tactics (for example, telling patients that their doctors will need to give up their medical practices due to too high medical malpractice insurance premiums or preaching the often-recited but rarely-supported mantra about “frivolous” medical malpractice lawsuits) to wage a war that they inappropriately call ”tort reform” (“reform” implies that something was wrong to begin with). Their high-powered tactics are intended to elevate the financial interests of the very few doctors, hospitals, and other medical care providers who fail to provide the medical care that their peers have established as the bare minimum required level of medical care that should have been provided under the circumstances, over the long-established legal and moral rights of the innocent victims of negligence to be fairly and adequately compensated for their injuries and losses caused solely by the wrongdoing of others.

We have tried to bring to light the processes of certain federal agencies, such as the U.S. Food and Drug Administration (FDA), that affect the health of our citizens, such as the federal drug-approval process that can be influenced by political considerations and the financial power held by massive drug manufacturers. We have discussed the objective findings of studies undertaken by independent federal government organizations such as the U.S. Office of Management and Budget (OMB) that were relevant to medical malpractice issues, to help our readers determine for themselves the unbiased, honest information that will help them form their own opinions on medical malpractice issues relevant to their lives.

While our name, MedicalMalpracticeLawyers.com, and our website are dedicated to helping the innocent victims of medical malpractice be connected with medical malpractice lawyers in their local area throughout the United States who may be able and willing to investigate their possible medical malpractice claims for them and represent them in their medical malpractice case, if appropriate, we have always provided the source of our information and the link to our source in our blogs so that our readers can read for themselves the original source information.

MedicalMalpracticeLawyers.com will continue to seek out and explore interesting and useful medical malpractice information for our future blogs. If you have information or a request for information regarding medical malpractice issues important to you, please contact us with your information or your request so that we can provide the information to our blog readers.

We wish all of you the best of health, happiness, and enjoyment of life for the New Year!

Please visit our website or call us toll free (800-295-3959) if we can assist you.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

Los Angeles Medical Malpractice Verdict For Death From Misdiagnosed Heart Attack

Wednesday, December 21st, 2011

When a 51-year-old man had severe chest pains, he called his doctor. Instead of advising his patient to immediately go to a hospital emergency department, the doctor scheduled his patient to come to his office a few days later. At the time of the office visit, the doctor gave his patient an electrocardiogram (ECG) and then ordered that he have a treadmill stress test.

The man had his treadmill stress test the next day. One hour later, he died from a heart attack while at work. An autopsy showed that a heart attack was responsible for the man’s death that the ECG missed.

The man’s family filed a medical malpractice claim against the doctor alleging that the doctor’s medical negligence was the cause of the man’s death. The family’s medical malpractice attorney alleged that the doctor should have ordered a cardiac enzyme test that would have timely diagnosed the heart attack before it became fatal.

Earlier this year the medical malpractice jury determined that the man’s death in 2006 was due to the medical malpractice of his doctor and awarded the man’s wife and two daughters $4.6 million in damages that will be reduced to about $1 million after California’s cap on noneconomic damages in the amount of $250,000 is applied to reduce the jury’s award.

Source

What Is A Cardiac Enzyme Test?

When someone has a heart attack, there are certain heart enzymes that leak into the bloodstream due to damage sustained by the tissues of the heart. A blood test can determine the levels of cardiac enzymes in the blood that can help determine if someone has suffered a heart attack. This is important because a heart attack can trigger sudden cardiac arrest, which is often fatal. This appears to be what happened to the Los Angeles man.

Source

What Should You Do If You Have Symptoms Of A Heart Attack?

The American Heart Association website recommends as follows:

Learn the signs, but remember this: Even if you’re not sure it’s a heart attack, have it checked out (tell a doctor about your symptoms). Minutes matter! Fast action can save lives — maybe your own. Don’t wait more than five minutes to call 9-1-1 or your emergency response number.

Calling 9-1-1 is almost always the fastest way to get lifesaving treatment. Emergency medical services (EMS) staff can begin treatment when they arrive — up to an hour sooner than if someone gets to the hospital by car. EMS staff are also trained to revive someone whose heart has stopped. Patients with chest pain who arrive by ambulance usually receive faster treatment at the hospital, too. It is best to call EMS for rapid transport to the emergency room.

If you or a family member suffered a misdiagnosed heart attack, you may be entitled to compensation for your injuries and losses. Click here to visit our website, or telephone us toll free at 800-295-3959, to be connected with medical malpractice lawyers in your state who may be able to investigate your possible medical malpractice claim and to represent you in a medical malpractice case, if appropriate.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

California 13-Year-Old Medical Malpractice Victim Now A Paraplegic

Tuesday, November 22nd, 2011

A young California girl who was 13 when a California radiologist negligently misread her x-ray that ultimately led to a serious medical condition resulting in the girl’s paraplegia recently won her medical malpractice case.

The 13-year-old girl was hospitalized in 2003 when she was experiencing back pain as well as a loss of sensation in her legs. An MRI was performed of her spine and was read by the radiologist as normal when the images actually showed an abnormality (a mass on her spine). Her doctors diagnosed her as suffering from Guillain-Bare Syndrome (a serious disorder that occurs when the body’s immune system mistakenly attacks part of the nervous system) and treated her accordingly. However, she continued to have weakness in her legs.

The young girl awoke on February 1, 2008, unable to move her legs and with pain in her lower back, after which she was hospitalized again. An MRI conducted during her 2008 hospitalization showed a large bleeding growth on her spine in the same spot where the previous abnormality was noted in the 2003 MRI. She had surgery to remove the growth but sustained a permanent spinal cord injury, resulting in her paraplegia. As such, she has no feeling or muscle control below her waist.

The jury that heard her medical malpractice claim in 2011 regarding the first radiologist’s negligent failure to properly read the MRI images in 2003 valued her loss at $6.4 million to compensate her for her anticipated lost wages, medical expenses, and future necessary care. The jury awarded $1.2 million for her life-long pain and suffering, which will be reduced to $250,000 under California’s cap (limit) for noneconomic damages in medical malpractice cases.

Source

Is there anyone, anywhere, who honestly believes that $250,000 is fair and adequate compensation for a 13-year-old’s noneconomic losses who will live the rest of her shortened life in a wheelchair due to the medical malpractice committed by a radiologist who the jury found to have been negligent and whose negligence was found by the jury to have caused the young girl’s paraplegia?

If an unbiased jury chosen from the local community determined after hearing all of the lay and expert testimony at trial and having reviewed all of the trial exhibits and having observed the demeanor of the trial witnesses determined that the permanently injured young girl should receive $1.2 million for her noneconomic damages, doesn’t the automatic reduction to California’s statutory cap on noneconomic damages in the amount of $250,000 violate the girl’s constitutionally guaranteed right to have a jury decide all aspects of her medical malpractice claim?

Why should the negligent radiologist get the benefit of a cap on noneconomic damages when the cap unfairly limits the young girl’s right to receive fair and adequate compensation for her life-long, serious losses?

If you have become the innocent victim of medical malpractice in your state, visit our website to be connected with local medical malpractice lawyers who may be able to assist you with your medical malpractice claim.

Or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

Tags: California medical malpractice, California medical malpractice claim, California medical malpractice lawyer, California tort reform, California's noneconomic damages cap, medical error, medical malpractice, medical malpractice claim, medical malpractice lawyer, medical mistake, medical negligence, negligent radiologist, noneconomic caps, noneconomic limits, tort reform
Posted in California Medical Malpractice, Client Updates, Medical Malpractice Lawyers | No Comments »

Search

Email Subscription

Categories

Archives

RSS Subscription

Blog

Archive for the ‘California Medical Malpractice’ Category

Two Medical Malpractice Wrongful Death Lawsuits Filed Against California Nursing Home

California Nursing Home Medical Malpractice Turns Criminal

Los Angeles Medical Malpractice Settlement Proposed For Brain Bleed

California Hospital Malpractice Results In Suffocation Death — And $100,000 Fine

California’s Medical Malpractice Damages Cap Limits Valid Claims And Benefits Bad Doctors

California Doctor Discipline Is Dismal

Today’s 300th Consecutive Daily Blog Posting For MedicalMalpracticeLawyers.com

Los Angeles Medical Malpractice Verdict For Death From Misdiagnosed Heart Attack

California 13-Year-Old Medical Malpractice Victim Now A Paraplegic