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Archive for the ‘New York Medical Malpractice’ Category

Surgical Fires

Wednesday, April 18th, 2012

The last place you would expect to suffer burns from a fire would be while lying on a table in an operating room. But that is just what happened to a New York woman who was undergoing a Cesarean-section delivery of her baby on March 12, 2010. While she was under the influence of local anesthesia with her view obstructed by a surgical curtain, the mother-to-be smelled something burning and could see smoke. Her obstetrician who was performing the surgery noticed a flame coming from the woman’s left side and patted the flame to extinguish it, telling his patient that there had been “a little fire” but not to worry.

The woman gave birth to a healthy baby but she suffered a 5 by 7 inches area of third degree burn on her left side where an alcohol-based antiseptic had been used to prepare her for surgery. The antiseptic, known as DuraPrep, was manufactured by the large manufacturing company, 3M Company. One month before the woman’s surgery, 3M Company, at the direction of the FDA, had issued a new warning to hospitals regarding DuraPrep’ s flammability and instructed hospitals on how to prevent fires, which the surgical staff providing care to the woman was unaware of.

The woman has filed a medical malpractice case against her obstetrician and the hospital where her surgery occurred, alleging that they failed to follow the recommendations from 3M Company regarding use of DuraPrep. The woman had to have plastic surgery for her burn injury and the area that was burned constantly feels numb and feels like it will tear open.

The obstetrician had used DuraPrep for 20 years before the woman’s surgery, without any fire incidents. The hospital stopped using DuraPrep for a period of time but reinstated its use with procedures in place to prevent fires.

The fire evidently started when the obstetrician was using an electrical cautery tool that may have caused a spark that ignited the fumes from the DuraPrep that was not allowed to dry prior to the procedure (3M Company instructed that DuraPrep must be allowed to dry completely before being exposed to a flammable source). A fire would also be possible if the DuraPrep soaks into the patient’s gown or into surgical drapes or somehow pools around the patient (the woman’s anesthesiologist testified during a deposition in the medical malpractice case that the anesthesiologist had noticed that the woman’s gown was wet with what could only have been DuraPrep, after the fire).

Of the 50 million surgeries performed each year in the United States, there are only between 400 and 600 surgical fires involving patients, with only 4% of those fires involving skin preparation solutions such as DuraPrep.

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Surgical fires are so rare that when they do occur, an investigation into the incident by a medical malpractice attorney may help determine if the cause of the fire and the resulting injuries to the patient were due to medical malpractice.

If you or a loved one have been injured due to a surgical fire or other medical incident that may have been the result of medical negligence, 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 investigate your possible medical malpractice claim for you and file a medical malpractice lawsuit on your behalf, if appropriate.

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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.

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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).

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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.

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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.

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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.

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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.

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New York Medical Malpractice Settlement For Woman Who Lost Both Hands, Both Feet, And One Eye

Tuesday, March 6th, 2012

A  Brooklyn, New York mother has received a settlement from the city of Brooklyn, New York and from a local Brooklyn hospital and two of its doctors for her severe losses suffered as a result of alleged medical malpractice that cost her her feet, her hands, and her sight in one eye.

In September, 2008, the woman went to the Brooklyn Hospital Center’s emergency room in severe pain, where she was diagnosed with a kidney stone and discharged to home with painkillers. The next day she was in excruciating pain and had numbness that led her to call 911 twice so that she could be transported back to the emergency room. However, the responding New York Fire Department’s emergency crew failed to transport her back to the hospital.

The following day, the woman’s fiance rushed her back to the emergency room, where she was diagnosed with sepsis throughout her body that caused her to develop gangrene in her arms and legs and to fall into a coma. By the time she awoke from the coma, her feet (her legs below her knees) and her hands (above her wrists) had been amputated in order to save her life and she was legally blind in one eye.

She filed a medical malpractice claim for her life-long debilitating losses that she litigated for three years and which survived a motion to dismiss before the city of Brooklyn settled the claims against it for $8.5 million and the Brooklyn Hospital Center and two of its doctors settled the claims against them for $9.4 million.

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If not treated timely and properly, sepsis (a massive systemic bacterial blood infection) can quickly lead to catastrophic injuries or death. The death rate from severe sepsis can be as high as 30% to 50% (of the more than 750,000 people in the United States who suffer from severe sepsis each year, about 28% (approximately 215,000) will die). In fact, sepsis is the leading cause of death in non-coronary ICU units. Source  Sepsis is the tenth leading cause of death in the United States. There were 1,017,616 deaths due to sepsis in the United States between 1999 and 2005 (6% of all deaths) . Source

If you acquired sepsis or another serious infection while hospitalized or as a result of medical malpractice, you may be entitled to compensation for your suffering and losses. The prompt advice of a medical malpractice attorney may help you decide if you have a potential medical malpractice claim.

Visit our website  or telephone us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be able to investigate your possible medical malpractice claim and represent you in your medical malpractice case, if appropriate.

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

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New York Medical Malpractice Verdict For Death Due To Undiagnosed Aneurysm

Wednesday, February 22nd, 2012

When a 49-year-old man walked into a New York hospital’s emergency room in November, 2007, he complained to the emergency room physician of classic signs of an aortic aneurysm (an aneurysm is a balloon-like bulge in an artery caused by certain medical conditions, genetic conditions, or trauma that damage the wall of the artery. The aneurysm can enlarge and rupture or dissect (split), causing life-threatening internal bleeding. Most aneurysms occur in the main artery that carries oxygen-rich blood from the heart to the rest of the body, known as the aorta. Ruptures and dissection of aneurysms are often fatal. Source)

The emergency room physician, who was board-certified in obstetrics and gynecology at the time of the man’s visit to the emergency room, diagnosed a muscle strain but failed to diagnose the man’ s aortic aneurysm. An x-ray taken at the time of the emergency room visit evidently showed the aneurysm. The man was sent home, where he was found dead two days later by his 10-year-old son. An autopsy found the ruptured aortic aneurysm.

The emergency room physician, who worked for an outside group that contracted with the hospital to provide emergency department services, argued during the medical malpractice trial that the man’s aortic aneurysm was not present at the time he examined the man in the hospital emergency room.

The New York medical malpractice trial lasted one month. On February 15, 2012, the jury returned a verdict in favor of the man’s family and against the hospital and the emergency room physician in the amount of $3.4 million. The hospital has stated its intention to appeal the verdict.

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Hospital emergency rooms exist in our communities to provide emergency, acute care to patients who walk into the emergency room or arrive by ambulance. The timely and proper diagnosis of the medical conditions of the patients is critical in determining the proper care, whether that care is provided in the emergency room or as inpatient treatment in the hospital, or provided by another source outside of the emergency room at a later date (such as primary care physicians).

If the patient’s medical condition is life-threatening and acute but not properly diagnosed in the emergency room and the patient does not receive necessary medical treatment or not timely referred for appropriate medical treatment, the hospital and/or the emergency room staff may be held responsible for their failure to provide the required medical care if the patient suffers foreseeable injuries as a result of not receiving the proper medical care.

If negligent emergency room treatment may be the reason for your injuries or suffering, you may be entitled to compensation for your losses. Medical malpractice attorneys may be able to investigate your possible medical malpractice claim for you.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be 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!

New York Medical Malpractice Verdict For Delayed Gallbladder Surgery Resulting In Death

Monday, February 6th, 2012

In 2008, a 60-year-old Korean immigrant who was the primary caregiver for his mentally ill adult daughter was admitted into a New York hospital for surgery to remove his inflamed gallbladder due to gallstones. The surgery was canceled the first day because the man’s surgery was not put on the surgical schedule. The same thing happened the next day. When the  hospital was finally ready to have the surgery performed, the man was too sick to have an operation. Four days after he was admitted into the hospital, he died.

The man’s family filed a medical malpractice case as a result of the man’s allegedly negligent medical care that led to his unnecessary death. On December 23, 2011, a medical malpractice jury awarded the family $7.6 million, which the hospital has pledged to appeal because the hospital considers the verdict to be excessive and based on the jury’s sympathy for the man and his daughter, even though the hospital admitted that a mistake had occurred.

Before he became ill, the man would bring his adult daughter with him to his work as a salesman every day. After the man’s death, the daughter had to be placed in state hospitals and group homes. The family has stated that the jury’s award will allow them to bring the epileptic daughter home where she will receive around-the-clock care.

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It is highly unusual for a patient with an inflamed gallbladder who is hospitalized to die from the disease. Removal of the gallbladder is a relatively common surgery with a high rate of success for treating gallbladder disease. People who have their gallbladders surgically removed often live full and active lives. Once the Korean man was admitted into the hospital and was initially scheduled for surgery, a successful outcome was highly likely if the proper and timely medical care had been provided.

Medical mistakes and medical errors in hospitals occur much too often. Most medical mistakes are avoidable if proper and timely attention and care are provided. Hospitals that are properly run, managed, and staffed with properly trained and experienced medical professionals are less likely to experience the extent of medical errors than less efficient medical facilities. As the Korean man’s medical malpractice claim highlights, a seemingly minor mistake such as failing to place the man’s surgical procedure on the surgical schedule, especially if it occurs twice in a row, can have catastrophic or deadly consequences. When it comes to medical care, too often there is no such thing as a minor mistake — a person’s health and well-being are placed at risk both by the disease itself and by the medical care necessary to treat or cure the disease or its effects.

If you were injured as a result of negligent medical care in a hospital or by a medical provider such as a physician, surgeon, nurse, radiologist, therapist, or other health care provider, you should promptly seek the advice and assistance of a medical malpractice attorney to investigate your medical care to detemine whether you were the victim of medical malpractice.

Visit our website or telephone us toll free 800-295-3959 to be connected with local medical malpractice lawyers who may be able to assist you in bringing a medical malpractice claim 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!