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Oregon Medical Malpractice Wrongful Birth Verdict

Tuesday, March 20th, 2012

On March 9, 2012, an Oregon medical malpractice jury returned a verdict after a ten-day trial in the amount of almost $3 million in favor of the parents of a Down syndrome daughter that the 12-member jury determined would help cover the extra costs of caring for their daughter that the parents claimed they would have aborted had they been timely and properly advised that their fetus had Down syndrome (89% or more of parents who are advised that their fetus has Down syndrome choose to terminate the pregnancy).

What Happened In This Oregon Medical Malpractice Case?

At about the 13th week of the pregnancy, the expecting parents went to a Portland, Oregon-based medical facility where the woman had a common prenatal test known as CVS (“chorionic villus sampling”) that looks for certain chromosomal abnormalities with the fetus, such as those associated with Down syndrome, which was reported back to them as being normal.

During the following weeks, two ultrasounds indicated abnormalities with the fetus that may be associated with Down syndrome but the woman was told that the baby did not have Down syndrome. The now 4-year-old girl suffers from speech and physical disabilities for which she needs continuing therapy; future medical problems associated with Down syndrome may plague the child for the rest of her life. The child is not expected to be able to live independently or support herself during her lifetime.

The Oregon medical malpractice jury determined that the medical malpractice defendants involved with the CVS test failed to properly communicate with each other, thereby leading to the false negative test result. The medical malpractice jurors did not want to be identified during or after the trial because they feared the backlash from their decision (when the wrongful birth medical malpractice case was first filed, it drew strong and negative international attention to the parents and their claim and the parents received death threats).

Because the nature of wrongful birth claims requires that the parents allege that they would have terminated the pregnancy had they been provided with the timely and required information regarding the fetus’ deformities by their health care providers, people tend to have strong feelings regarding such claims – some question the motives of the parents or whether the parents are unloving, callous, or uncaring (or worse).

However, the economic basis for wrongful birth claims is the additional lifetime costs and expenses of caring for and raising a baby with severe physical and/or mental deformities that the parents would not have had to incur but for the negligence of the medical providers in failing to provide the parents with timely and necessary information regarding the pregnancy and/or the fetus.

Wrongful birth claims first became possible in the United States in 1973, when the United States Supreme Court legalized abortion — before then, wrongful birth claims were unavailable. Wrongful birth claims are not available in a minority of U.S. states and presently there are efforts in Arizona to outlaw them.

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In those U.S. states that allow wrongful birth claims, the parents who file such claims seek to recover from the negligent health care providers the extra expenses (that is, those expenses over-and-above the usual costs of raising a healthy child) that are related to the effects of the child’s severe deformities.

If you or your family may have a claim for wrongful birth, a medical malpractice attorney can investigate the possible claim and file a medical malpractice claim on your behalf, if appropriate.

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

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Pennsylvania Inmate Medical Malpractice Verdict

Sunday, March 18th, 2012

On February 17, 2012, a Pennsylvania medical malpractice jury awarded a former Pennsylvania prison inmate $312,000 for the injuries he sustained as a result of the alleged medical malpractice committed by a for-profit company that had contracted with the State Correctional Institution in Albion, Pennsylvania, to provide health care to inmates. The company, Prison Health Services, Inc., has had a contract to provide health care services in Pennsylvania’s correctional facilities for more than ten years that pays the company $55 million per year. The company must pay for all medical procedures and testing out of the $55 million payment, which provides an incentive to the company to limit medical procedures and testing for inmates in order to maximize its profits.

In this particular medical malpractice case, the Pennsylvania inmate had jumped down from his bunk in his prison cell in 2006 and fractured his ankle. His ankle injury was misdiagnosed as a sprain and his ankle was not x-rayed for five days. When an x-ray was finally taken, the fracture was diagnosed and he was transported to a hospital where he had surgery to place pins in his ankle, his ankle was placed in a cast, and he was then returned to prison.

Back in prison, the inmate fell down some steps, injuring his neck, back, and knee. Despite these new injuries, he did not have a MRI to determine the extent of his injuries. Upon his release from prison two years later, he arranged a MRI on his own that showed that he had sustained herniated disks and torn knee ligaments. By then, the inmate suffered from permanent injuries.

In another matter involving health care at the State Correctional Institution in Albion, Pennsylvania, a 48-year-old inmate who had been imprisoned since 1991 was diagnosed in July, 2010 with lung and bone cancer; the lung cancer contributed to his death. Before he died, the inmate suffered from severe and painful bedsores that allegedly were not treated properly. The inmate’s family’s attorney recently requested that the County District Attorney conduct a formal investigation into the man’s death.

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The measure of a society is determined by how well it treats its weakest and most vulnerable citizens. Prison inmates are among the weakest and most vulnerable when it comes to the availability of health care because they are truly a “captive” segment of society – they must rely solely on the medical treatment available and the medical treatment provided by the correctional facility in which they are incarcerated. As the two incidents described above exemplify, the consequences of the lack of medical care or inadequate medical care can result in life-long debilitating injuries or death.

If you or a family member were incarcerated and you or your family member did not receive proper, timely, and necessary medical care, resulting in permanent injuries or death, you may be entitled to compensation for your injuries, pain and suffering, and other related losses. Obtaining the advice of a medical malpractice attorney is an important step in enforcing your legal rights and obtaining compensation.

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 willing and able to investigate your possible medical malpractice claim, and represent you in a medical malpractice case, if appropriate.

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Kentucky Medical Malpractice Jury Awards Man’s Estate $1.45 Million, After 13 Years

Wednesday, March 7th, 2012

Back in 1999, a paraplegic man went to a local Kentucky hospital’s emergency room, complaining of abdominal pain along with vomiting and constipation that were treated with an enema and pain medication before the man was discharged from the emergency room. That night, the man was vomiting blood all night and had severe abdominal pain. He returned to the hospital’s emergency room where laboratory tests indicated that he was critically sick, but he was discharged anyway, according to the medical malpractice case. The man died several hours later from peritonitis and a ruptured peptic ulcer.

A medical malpractice case was filed on behalf of the man’s estate in 2000 against the hospital and others, which included an allegation that the hospital engaged in the illegal practice of “patient dumping” that involves refusing to treat patients who are uninsured. The medical malpractice claim also included an allegation that the hospital threatened to call the police if the man returned to the emergency room.

The first medical malpractice jury trial ended in a mistrial. The second medical malpractice jury trial in 2005 resulted in a verdict against the hospital in the amount of $1.5 million in punitive damages, which was appealed. As a result of the appeal, a third jury trial that lasted three weeks until the end of February, 2012, resulted in the $1.45 million verdict for punitive damages in favor of the man’s estate. The hospital has vowed to appeal this latest jury verdict.

Source

What Is Peritonitis?

Peritonitis is the inflammation of the peritoneum, which is the thin tissue that lines the inner wall of the abdomen and covers most of the abdominal organs. Peritonitis is life threatening so that its cause must be identified and treated promptly, often by surgery and antibiotics. Symptoms of peritonitis may include a very painful, tender, or distended (bloated) abdomen, which is often painful with movement or when touched. Other symptoms may include fever, chills, abdominal fluid, inability or reduced ability to pass stools or gas, decreased urine, excessive fatigue, nausea, and vomiting.

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The man’s peritonitis was probably due to his ruptured peptic ulcer — the most common cause of secondary peritonitis is the spread of an infection from the digestive tract.

If you have been misdiagnosed in a hospital emergency room or the emergency room was negligent in its treatment of your condition, you may be entitled to monetary compensation for the injuries and suffering that you sustained as a result of the medical mistakes or errors. Often it is necessary to engage the services of a medical malpractice attorney to investigate the cause(s) of your injuries to determine if you have been harmed by medical malpractice.

Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to investigate whether you have a valid claim for medical malpractice and to represent you in your medical malpractice claim, if appropriate. If you prefer, you may also contact us toll free at 800-295-3959.

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

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Tags: emergency room errors, emergency room malpractice, emergency room medical malpractice, emergency room misdiagnosis, emergency room mistakes, hospital errors, hospital malpractice, hospital medical malpractice, hospital misdiagnosis, hospital mistakes, Kentucky medical malpractice, Kentucky medical malpractice attorney, Kentucky medical malpractice claim, Kentucky medical malpractice lawyer, medical malpractice, medical malpractice attorneys, medical malpractice claims, medical malpractice jury, medical malpractice lawyers, medical negligence, patient dumping
Posted in Client Updates, Hospital Medical Malpractice, Kentucky Medical Malpractice, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Misdiagnosis, Medical Negligence, Medical News, Medical Testing, Wrongful Death | No Comments »

We’re Celebrating One Full Year Of Daily Blog Postings!

Sunday, March 4th, 2012

Well, we have reached a significant milestone — one complete year of our daily blog postings (we started daily posting in our Blog on March 5, 2011 and have posted every day since). When we first started to blog, we thought that it might be difficult to find relevant, interesting information to discuss on a daily basis, but our concern was misplaced (fortunately). In fact, we have thoroughly enjoyed, learned from, and looked forward to researching matters for our postings.

Without our constant research into medical malpractice issues and other medically-related matters, we would not have become aware of the facts behind the constant onslaught of attacks against medical malpractice victims’ rights and the increasing elevation of medical malpractice wrongdoers’ financial interest over their innocent victims’ right to be fully compensated for their permanent injuries, for their life-long and constant pain and suffering, and the unending devastating effect on their families and loved ones.

In the last six months alone, we have posted many blogs that have addressed critical issues regarding medical care and medical malpractice in the United States, including:

We discussed the West Virginia orthopedic surgeon who had 124 medical malpractice claims filed against him resulting from only 7 months of medical practice in a West Virginia hospital, which cost the hospital’s corporate owner approximately $100 million in medical malpractice payments (see our Blog posting for February 20, 2012).

We brought light to the fact that nearly 4.5 hospital acquired infections occur for every 100 hospital admissions in the United States each year, costing the healthcare system between $5.7 billion and $6.8 billion per year (figures for 2007). And that hospital acquired infections are among the leading causes of preventable death in the United States, effecting 1 in 20 hospitalized patients and accounting for 1.7 million infections and 99,000 deaths (figures for 2002). (See our Blog posting for February 28, 2012).

We tried to dispel misperceptions such as the belief that poor patients sue for medical malpractice more often than others (see our Blog posting for March 2, 2012).

We reported on the $285 million settlement of approximately 120 product liability lawsuits brought against a giant international pharmaceutical company for claims that it sold over-sized vials of generic propofol to endoscopy clinics in Nevada while allegedly knowing that the vials were being used for multiple patients that allowed the spread of hepatitis C and other blood-borne infections despite the markings on the vials that they be used for single-use only. (See the Blog posting for February 23, 2012).

We cited official statistics regarding medical malpractice claims in the United States (“One in three Americans have reported that they or a family member had been a victim of medical malpractice. One in five reported that a medical error caused serious health problems or death….a report released by the U.S. government in 2010 found that one in seven Medicare patients are injured during hospital stays and that adverse events contribute to 180,000 deaths each year, costing the U.S. government $4.4 billion per year. One survey found that 70% of patients who suffered from a medical error were not informed about the error. Studies have shown that most medical malpractice claims are meritorious and that 97% involved medical injury and 80% involved serious disability or death.”) See our Blog posting for September 19, 2011.

We provided additional statistics regarding medical malpractice in the United States: “An often-repeated statistic is that medical malpractice (preventable medical errors) in the United States causes approximately 98,000 deaths per year and is the sixth leading cause of death in the United States. Despite these statistics, there are very few medical malpractice claims filed relative to the number of potential claims. Research has found that the vast majority of medical malpractice claims filed are meritorious. Almost one-half of physicians admit that they have not reported their medical errors or incompetence. About six percent of physicians are responsible for almost sixty percent of medical malpractice claims in the United States.”

Further statistics regarding medical malpractice in the U.S. are: ”The costs of medical malpractice claims is less than two percent of all health care costs in the United States. Completely restricting medical malpractice claims would lower health care costs by less than one-half of one percent. The number of medical malpractice claims have remained relatively stable over the last several decades but medical malpractice insurance premiums charged by medical malpractice insurance companies during that time increased quickly, resulting in high premium surpluses enjoyed by the insurance companies. Health care costs have not been reduced in states that have enacted caps on damages in medical malpractice cases but hospitals and medical malpractice companies have enjoyed earnings in the tens of millions of dollars without reducing their charges to patients and physicians in those states. The number of physicians in the United States is increasing and outpacing the rate of population growth in the United States. There are twice as many physicians per 100,000 population in the United States now than in the 1960s. The ratio of physicians to 100,000 population is highest in those states that do not have caps on medical malpractice damages. Two-thirds of physicians who have had ten or more medical malpractice payments have never been subject to disciplinary action (almost one-half of hospitals have never reported a disciplinary action to the National Practitioner Data Bank).” From our Blog posting for September 18, 2011.

We have discussed many drug issues as well, such as:

– a warning regarding a counterfeit version of the cancer medication Avastin (Blog posting on February 21, 2012);

– the abuse of prescription painkillers (“The sale of prescription painkillers in the United States has more than tripled since 1999. Over 36,000 people died from drug overdoses in the United States in 2008, which included over 20,000 who died from prescription drug overdoses.” Blog posting on February 26, 2012);

– the safety of generic versions of brand-name drugs (see our Blog posting on February 13, 2012);

– companies that overcharge for drugs (“A recently filed federal lawsuit claims that the largest drugstore chain, Walgreens, and a generic drug manufacturer, Par Pharmaceuticals Cos., overcharged insurance companies, union health and welfare funds, and self-insured employers for generic versions of Prozac, Zantac, and generic versions of other common prescription medications manufactured by Par by providing and billing for higher-priced capsules of the drugs rather than the tablets prescribed by physicians.” Our Blog posting for January 16, 2012);

– critical drug shortages in the United States (“The GAO reported that drug shortages have increased each year from 2006 through 2010, with a record number of drug shortages in 2010 and the pace of drug shortages in 2011 that is expected to surpass 2010. There were a total of 1,190 drug shortages reported from January 1, 2001 through June 20, 2011, and 65% of the shortages involved drugs that were in short supply more than once. The average drug shortage lasts more than 9 months (286 days).” As reported in our December 17, 2011 Blog posting);

– additional statistics regarding drug shortages in the U.S.: ”The shortage of sterile injectables represented 74% of the drug shortages during 2010: 54% of the shortages in sterile injectables during 2010 were due to contamination, particulates, and impurities; 21% were due to delays or manufacturing capacities; 11% due to discontinuation; 5% due to raw materials issues; 4% due to an increase in demand due to another shortage; 3% due to the loss of a manufacturing site; and, 2% due to component problems or shortages. Only 7 manufacturers make up a large portion of the manufacturers of sterile injectables, which are often less attractive economically to produce.” As reported in our October 1, 12011 Blog posting;

– the manner in which large drug manufacturers are preventing lower cost generic drugs from becoming available to the public (“The U.S. Federal Trade Commission (“FTC”) has reported that name-brand drug manufacturers will cost U.S. taxpayers billions of dollars over a 10 year period by paying generic drug manufacturers to delay their introduction of lower-cost generic alternatives to brand-name drugs. The FTC found that for the period from October 1, 2010 through September 30, 2011 (Fiscal Year 2011), drug companies entered into 28 potential pay-for-delay deals (there were a record 31 such deals in the prior fiscal year). The deals involved 25 different name-brand pharmaceutical products with combined U.S. annual sales greater than $9 billion.” See our Blog posting for October 27, 2011).

We noted research that found that most medical malpractice events go unreported (“A new report regarding a study of Medicare patients who were injured in hospitals found that only one in seven hospital errors were reported.”) See our Blog posting for January 14, 2012).

We reported on the egregious failure to discipline doctors who commit medical malpractice in the United States (“…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…102 of the 710 doctors had been determined by peer reviewers to be an immediate threat to the health or safety of patients…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.”) Read our Blog for January 3, 2012.

We brought to light the fact that medical malpractice insurance companies enjoy huge profits while at the same time raising the premiums they charge doctors and complaining about “frivolous medical malpractice lawsuits” (“The largest medical malpractice insurance company for medical malpractice claims against physicians and surgeons in the United States is The Doctors Company. The Doctors Company had 71,572 members, $4,060,651,000 in assets, and $1,228,237,000 in member surplus for 2010. The Doctors Company is so profitable that in 2011, it announced a $23 million dividend for its members. Since 1976, it has paid over $207 million in dividends, including over $100 million in the last five years alone. The Doctors Company reports that it pays damages in only 18% of the medical malpractice claims made against its members.”) Read our Blog for November 13, 2011.

We cited a report in our November 14, 2011 Blog that found that “Caps on noneconomic damages do not have any effect on the medical malpractice insurance premiums charged doctors. (In 2009, the average medical malpractice insurance premium was 1.8 times what it had been in 2001, both in states with caps and in states without caps.) Medical malpractice companies in all states in the United States have experienced increased profits. Medical malpractice companies in states that have caps (limits) on the amount that medical malpractice victims can recover experienced increasing profits at an even higher rate (24% higher) than the medical malpractice companies in states without caps (if medical malpractice insurance companies pay out less, they keep more profits). And the rate at which profits are increasing is greater in states with caps than states without caps.”

We reviewed the statistics regarding the effect of medical malpractice claims and the effect of caps (limits) on non-economic damages on doctors in the United States (“How have medical malpractice claims really affected doctors? For one thing, doctors are not packing their medical bags and becoming taxi drivers. A survey of high-risk medical specialists found that 43% stated that they would restrict or eliminate services because of medical malpractice claims but only 3% actually did what they said they would do. In 2009, there were a record 972,376 doctors in the United States, which was nearly 18,000 more than in 2008. In 2009, there were 317 doctors for every 100,000 in population – a record proportion. Has the imposition of caps (limits) on noneconomic damages in medical malpractice cases by some states resulted in more doctors practicing in those states than in states that don’t have the caps? The number of doctors per 100,000 population is 21% higher in those states without caps (349) than those states with caps (288). The average medical malpractice insurance premium is higher in those states with caps than for those states without caps (the average rate of profit for medical malpractice insurance companies in those states with caps is 25% higher than for those in states without caps). Recent increases in medical malpractice premiums were based on diminishing investment values and lower interest rates as opposed to medical malpractice claims payments – there is little if any correlation between medical malpractice payments and medical malpractice premiums.”) Read our September 20, 2011 Blog posting.

We invite you to visit our Blog by clicking here, where you can read today’s daily blog posting, sign up for our daily blog postings to be sent automatically to your email every day, and/or to search by word or phrase our database of blog postings to find the information that you need or that you are seeking.

If you or a loved one have been injured as a result of medical malpractice in any state of the United States, the prompt advice of a medical malpractice attorney is essential to protecting your rights.

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 willing to investigate your possible medical malpractice claim and 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, Google+, and LinkedIn as well!

Pennsylvania Medical Malpractice Claim For Good Deed Turned Deadly

Saturday, February 25th, 2012

An unmarried couple who had been together for 21 years and had an eighteen-year-old son together had to deal with a life-altering situation when the man’s kidneys were failing due to his diabetes and kidney dialysis wasn’t working well for him. Out of a sense of compassion and caring, the woman offered to donate one of her kidneys to the man to save his life. Repeated routine blood testing of the donor showed that she had hepatitis C, a serious and potentially life-threatening virus that can destroy the liver, that would have disqualified her as a kidney donor.

Nonetheless, the woman was not told that she had hepatitis C and the kidney transplant was performed. The transplantation itself went well. Afterwards, the man was diagnosed with hepatitis C. According to the medical malpractice lawsuit, the hospital tried to blame the woman for causing the man to contract hepatitis C and tried to cover up its mistake by asking the woman to keep the man’s hepatitis C diagnosis from him.

The medical treatment for the man’s hepatitis C can harm his new kidney and result in organ failure and death. The man and woman have filed two medical malpractice lawsuits against the hospital, the doctors involved with his kidney transplant, and other medical staff.

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Between 2007 and 2010, more than 200 cases of suspected (but unexpected) transmission of serious viruses as a result of transplanted organs were investigated by the Centers for Disease Control and Prevention.

In general, a kidney transplanted from a living donor is better than a kidney from a cadaver. There are nearly 17,000 kidney transplants performed in the United States each year, with almost 6,200 of the kidneys coming from living donors. There are more than 28,000 organs of all types that are transplanted in the United States each year, which falls way short of the 112,000 people who need organ transplants and the more than 6,500 people who die each year waiting for a donor organ to become available.

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Organ transplantation offers a better quality of life to organ recipients and an opportunity to live a longer life. Medical advancements have allowed organ transplantation to come a long way towards accomplishing both goals. But despite advances in transplantation techniques and organ rejection medications, we must still rely on the human factor in ensuring the best possible outcome from organ transplants.

Since organ transplants first became part of mainstream medicine, medical experts participating in transplant programs have known how important it is to ensure that the proper donor organs are transplanted into the proper organ recipients. It is generally accepted that the health history of the donor must be examined and medical tests performed to make sure that the organ donor is an appropriate candidate to donate an organ. Viruses such as hepatitis B, hepatitis C, and the virus that causes AIDS can reside in the blood and the organs of organ donors and it is imperative that the proper testing be done of the organ donor to minimize danger to the organ recipient; after all, medical ethics is ruled by the maxim expressed by the Latin phrase primum non nocere (“first, do no harm).”

If the allegation in the Pennsylvania medical malpractice case that the hospital should have known by the results of the woman’s blood tests that she had hepatitis C before she became a kidney donor for her long-time companion is true, then it would be an egregious violation of the the man’s rights and a clear breach of the standard of care (that is, medical malpractice) to have not advised the woman with regard to her hepatitis C status and to have transplanted her kidney into her companion, especially without advising the man of the situation.

We must put our faith and trust in the expertise and ethics of our health care providers in making appropriate medical decisions with regard to our medical care and treatment because they are the ones with the specialized knowledge and training that we lack in deciding our own fate. However, our medical providers are duty-bound to fully and properly advise us of our medical conditions and medical treatment options so that we may make an informed decision as to our medical treatment. If our medical providers hide from us information that a reasonable patient would want and expect to know about his or her condition or medical treatment, then the medical providers have breached their duty and may be held accountable for their actions.

When the actions or omissions of a medical provider may be the cause of serious injuries or even death, the services of a medical malpractice attorney may be essential in determining if medical malpractice has occurred.

Click here to visit our website to be connected with local medical malpractice lawyers in your state who may be able to assist you in investigating your possible medical malpractice claim and to represent you in your medical malpractice case, 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!

Tags: hospital malpractice, medical malpractice, medical malpractice attorneys, medical malpractice lawyers, organ transplant death, organ transplant injuries, organ transplant mistakes, organ transplant negligence, Pennsylvania malpractice, Pennsylvania medical malpractice, Pennsylvania medical malpractice attorneys, Pennsylvania medical malpractice claim, Pennsylvania medical malpractice lawyers, transplant malpractice, transplant medical malpractice
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Victim, Medical Misdiagnosis, Medical Negligence, Medical News, Medical Testing, Pennsylvania Medical Malpractice, Wrongful Death | No Comments »

Connecticut Medical Malpractice Claim For Young Boy’s Blindness

Friday, January 20th, 2012

The parents of a 7-year-old boy filed a medical malpractice claim earlier this month against the boy’s pediatrician and others claiming that the boy suffered blindness due to the alleged failure to timely and properly diagnose the boy’s bacterial meningitis. The now 9-year-old boy was brought to his pediatrician’s office in late October, 2009, complaining of a severe headache. The pediatrician diagnosed an ear infection.

As the boy’s condition deteriorated over the next several days, the boy was brought back to his pediatrician’s office. On the third day after the initial visit, the medical malpractice claim alleges that the pediatrician was unable to perform a neurological examination of the boy because of the severity of his headache. The medical malpractice claim further alleges that a telephone call to the pediatrician’s office the day prior resulted in the receptionist stating that there was nothing else the pediatrician could do for the boy since he had just been in the pediatrician’s office the day before.

The pediatrician allegedly referred the boy for a brain CT scan that resulted in the diagnosis of migraine. Instead, the pediatrician should have immediately sent the boy to a hospital emergency room for a spinal tap that would have led to the diagnosis of bacteria meningitis that would have been treated with intravenous antibiotics that would have saved the boy’s eyesight, according to the medical malpractice lawsuit.

Later on the same day that the pediatrician was unable to perform a neurological exam due to severe headache, the boy was found unresponsive at home and was rushed to a local hospital emergency room from where he was promptly airlifted to a regional children’s specialty hospital where he was finally diagnosed with bacterial meningitis. The boy was in a coma for three weeks after which he awoke to blindness in both eyes.

He suffered from systemic bacterial infection, respiratory failure, impaired hearing and speech, seizures, and brain damage, all as a result of the late diagnosis of bacterial meningitis, according to the medical malpractice claim. He had to re-learn basic functions, including eating, talking, and walking, due to his severe injuries. He continues to receive rehabilitation at home.

The defendant pediatrician’s lawyer denied the claims against her and vowed to defend the medical malpractice case vigorously.

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If timely and promptly diagnosed, bacterial meningitis can be treated and resolved without permanent injury — the keys are prompt diagnosis and timely treatment. A delay of mere hours in diagnosis and treatment can result in permanent injuries.

The catastrophic injuries allegedly suffered by the Connecticut boy may have been timely and effectively treated if treatment began immediately. Now, the boy’s future looks bleak.

If you or a family member have suffered injuries due to a late or mis-diagnosed medical condition, you may be entitled to compensation for your injuries. Obtaining the prompt legal advice from a medical malpractice attorney is critical to protecting your legal rights.

Visit our website 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. 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!

Tags: Connecticut medical malpractice, Connecticut medical malpractice attorneys, Connecticut medical malpractice lawyers, late diagnosis, medical malpractice, medical malpractice attorney, medical malpractice case, medical malpractice claim, medical malpractice lawsuit, medical malpractice lawyers, misdiagnosis, mistreatment
Posted in Client Updates, Connecticut Medical Malpractice, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Victim, Medical Negligence, Medical Testing | No Comments »

Chicago Medical Malpractice Settlement For Radiation Overdose Death

Thursday, January 12th, 2012

The beneficial use of radiation in medical diagnostic testing (such as x-rays) and medical treatment of certain diseases and conditions (such as various forms and types of cancer) has helped many patients receive the best available medical care and treatment. However, the medical equipment that use radiation sources must be maintained and calibrated as recommended by the equipment manufacturers and according to nationally-recognized standards, and the operators of the equipment must be properly trained.

The medical equipment that use radiation must also be properly calibrated for each patient and each treatment as ordered by the prescribing medical provider and pursuant to established protocols. Malfunctioning or improperly adjusted medical equipment, or improperly protected patients, may result in serious injuries or death to those exposed to too much radiation or to radiation to unintended body areas. Just like a bell that cannot be un-rung, once radiation is released into a patient, the potential damage to tissues, organs, and cells has already begun and may not manifest in injury or obvious damage until later in life.

In March, 2003, a 60-year-old woman began radiation treatment at a Chicago-area hospital for Stage III endometrial cancer. According to a medical malpractice claim filed on behalf of the woman’s surviving husband and two adult children, the woman received fifty percent more radiation than prescribed for her during the course of seventeen radiation treatments. The medical malpractice claim alleged that the excess radiation caused her to develop a perforated bowel that caused her to become septic and led to her death in May, 2004. The medical malpractice case settled for $7.5 million.

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Overuse of medical radiation is not a recent problem. Three years ago, there was an investigation into the alleged over-radiation of premature babies at a New York hospital. Even after the investigation, problems of over-radiation allegedly continued.

In another case of alleged misuse of radiation in medical treatment, a breast cancer patient was over-radiated for 27 days in a row and died after developing a large radiation burn.

It was reported in 2009 that more than 300 patients at a large, well-known Los Angeles hospital were subjected to over-radiation in CT scanners (about 260 of the patients received eight times the normal dose of radiation). The problem continued for 18 months until it was recognized that patients suffered patterns of hair loss indicative of the problem.

The overuse of x-rays in dental offices, especially in children, is also a concern.

Source

If you suspect or know that you have received more radiation during medical diagnostic testing or medical treatment than you should have received, you may be entitled to medical monitoring and/or monetary compensation. The prompt advice of a medical malpractice attorney is essential to protect your rights.

Visit our website to be connected with medical malpractice lawyers in your state who may be able to help you file a medical malpractice claim for your injuries, 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: Chicago Medical Malpractice Settlement For Radiation Overdose Death, medical malpractice, medical malpractice attorneys, medical malpractice claim, medical malpractice lawyers, medical negligence, over radiation, overdose of radiation, radiation death, radiation injuries, too much radiation
Posted in Chicago Medical Malpractice, Client Updates, Illinois Medical Malpractice, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Settlement, Medical Malpractice Victim, Medical Negligence, Medical News, Medical Testing | No Comments »

Connecticut Medical Malpractice Verdict More Than Doubles After Re-Trial

Thursday, January 5th, 2012

A 49-year-old man went to his primary care physician with complaints of chest pain. The doctor diagnosed gastrointestinal problems without taking a full and complete medical history from the patient that would have discovered prior complaints of chest pain that should have led to further inquiry and cardiac testing that would have disclosed an underlying serious heart condition. The patient died a few weeks later from a massive heart attack while undergoing hip surgery that his primary care physician would have recommended against had the heart problem been properly and timely diagnosed.

The resulting medical malpractice case against the hospital, primary care physician, and surgeon alleged that the primary care physician and surgeon were negligent and that their negligence led to the man’s death. The medical malpractice case was tried before a jury twice. The first medical malpractice trial resulted in a $10 million verdict in favor of the plaintiffs. As a result of a successful appeal filed by the medical malpractice defendants, the case had to be re-tried before another jury. (The hospital and the surgeon settled with the plaintiffs before the trial.)

The second medical malpractice jury again found in favor of the plaintiffs and this time awarded damages in the amount of $22.5 million against the primary care physician (75% at fault) and the surgeon (25% at fault), which was reduced due to the surgeon’s prior out-of-court settlement with the plaintiffs. The primary care physician blamed the surgeon during the trial for the surgeon’s failure to perform pre-operative testing that would have discovered the man’s heart condition that would have led to the surgery being canceled and also blamed the surgeon for the surgeon’s failure to respond appropriately to the patient’s complaints of chest pain and nausea post-operatively.

When a patient complains of chest pain, the physician should undertake an adequate and detailed inquiry about the symptoms including prior episodes of chest pain and the nature, extent, and duration of the chest pain before diagnosing gastrointestinal problems (patients can suffer from both cardiac problems and gastrointestinal problems at the same time).

Source

It appears that the Connecticut man did what he was supposed to do — he sought the medical advice of his primary care physician when he experienced chest pain. He must have felt great relief when his doctor told him that he had a relatively minor gastrointestinal problem. Patients reasonably rely on the professional opinions of their medical care providers because they are the experts with the knowledge, education, and training to make medical diagnoses and decisions that affect their patients’ health. When medical professionals are negligent in their care and treatment of their patients, the law holds them responsible for the foreseeable results caused by their substandard care.

When the medical malpractice committed by medical providers causes injuries to their patients, the victims of the medical malpractice should seek legal advice from medical malpractice attorneys concerning their right to file medical malpractice cases.

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 assist you with your medical malpractice claim.

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Tags: Connecticut malpractice, Connecticut medical malpractice, Connecticut medical malpractice attorneys, Connecticut medical malpractice lawyers, medical malpractice, medical malpractice attorneys, medical malpractice case, medical malpractice claim, medical malpractice lawyers, medical negligence
Posted in Client Updates, Connecticut Medical Malpractice, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Negligence, Medical Testing | No Comments »

New Jersey Medical Malpractice Claim Based On Doctor’s Failure To Tell Patient About X-Ray Report

Wednesday, January 4th, 2012

A New Jersey man in his mid-60s was scheduled to undergo a cardiac catheterization procedure. His cardiologist required him to have a chest x-ray before the procedure was done (a standard practice). The chest x-ray was taken; the x-ray report received by the cardiologist’s office indicated a 2.5 cm mass on his left lung and recommended a follow-up CT scan.

Unfortunately for the man, neither the cardiologist nor his office advised the man at that time about the suspicious x-ray findings or the recommendation for a CT scan.

About 20 months later, the man went to his primary care physician due to a nagging cough. A chest x-ray was ordered at that time and the man was requested to provide prior chest x-rays for comparison purposes. The man went to the cardiologist’s office to obtain his prior chest x-ray and learned for the first time that the prior chest x-ray indicated a mass on his left lung.

A month later, the man had surgery to remove his left lung. The pathology report indicated that he had squamous cell carcinoma in the upper lobe of his left lung. The man’s medical malpractice claim alleged that the delay in diagnosis caused the mass to double in size (from Stage IA to Stage IIB) and the delay reduced his chance of survival from seventy percent to thirty five percent.

The man settled his medical malpractice case for $500,000 (there had not been a recurrence of his cancer as of the time of the settlement and the treatment for his lung cancer (surgery and subsequent chemotherapy) would have been the same if the cancer had been diagnosed earlier).

Source

This medical malpractice case is an example of why it is so important that the results of medical testing (including but not limited to lab results and x-ray reports) be timely received by the requesting medical provider and that the results of all testing, whether “good” or “bad,” be promptly and fully disclosed to the patient. The simple medical mistake of filing a medical test report received from an outside source in a patient’s file without the requesting medical provider being advised of the findings can result in serious injuries or death to the patient. To reduce the chances of a medical error, most medical offices require that the ordering physician or other designated medical provider “sign off” on the report, indicating that the results were reviewed.

Patients should also take responsibility for their own medical care and treatment by following up with their medical providers for the results of their medical testing. As the New Jersey man learned the hard way, “no news” is not necessarily “good news.” While it is human nature to want to avoid bad news, we must learn to overcome our tendency to hide our heads in the sand when the information could be unwanted or worse, and we must become our own health care advocates by inquiring about medical test results if we have not been contacted about the results in a reasonable period of time.

If you have been harmed by the failure of a doctor or other health care provider to timely and fully advise you about information relevant to your health, you should consult with a medical malpractice attorney to be advised of your legal rights in the matter. You may 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 help investigate your possible medical malpractice claim and represent you in a medical malpractice case, if appropriate.

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Tags: delay in diagnosis, delayed diagnosis, medical error, medical malpractice, medical malpractice attorney, medical malpractice case, medical malpractice claim, medical malpractice lawyer, medical mistake, misdiagnosis, New Jersey medical malpractice, New Jersey Medical Malpractice Claim Based On Doctor's Failure To Tell Patient About X-Ray Report
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Settlement, Medical Malpractice Victim, Medical Negligence, Medical Testing, New Jersey Medical Malpractice | 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.

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Archive for the ‘Medical Testing’ Category

Oregon Medical Malpractice Wrongful Birth Verdict

Pennsylvania Inmate Medical Malpractice Verdict

Kentucky Medical Malpractice Jury Awards Man’s Estate $1.45 Million, After 13 Years

We’re Celebrating One Full Year Of Daily Blog Postings!

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Chicago Medical Malpractice Settlement For Radiation Overdose Death

Connecticut Medical Malpractice Verdict More Than Doubles After Re-Trial

New Jersey Medical Malpractice Claim Based On Doctor’s Failure To Tell Patient About X-Ray Report

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