Results tagged “claim” from Medical Malpractice Lawyers & Attorneys

Is this next story a lesson on the negative side effects of binge drinking? Or is it simply another case of doctors failing to do their job?

Perhaps it's both.

Shanna Hiles filed a medical malpractice lawsuit against Uniontown Hospital in Pennsylvania, claiming the hospital and one of its emergency physicians failed to properly treat her condition, resulting in the amputation of both of her legs below the knees.

Hiles was celebrating her 20th birthday when she drank herself unconscious and passed out while sitting on the floor with her legs tucked under her, remaining in that position for nearly 12 hours.

In the lawsuit, Hiles claims the hospital and her physicians failed to properly diagnose her condition and work to restore circulation to her legs. She says the hospital transferred her to a hospital in Pittsburgh, where the doctors had no choice but to amputate.

It is unclear how much in damages Hiles is seeking.

The hospital has not yet commented on the case.

If you are looking for an attorney to help you pursue a medical malpractice claim, click here to find a medical malpractice lawyer in your state!

A birth injury lawsuit filed against the University of California has been settled for $6 million.

Dr. Bruce G. Fagel, attorney for the family of 4-year-old Cannon Hoops, claims the boy has cerebral palsy due to a neurological injury he suffered during birth at the UC Davis Medical Center in Sacramento.

The settlement is the largest medical malpractice settlement against the UC Davis Health System in history.

The UC Regents are insured for $5 million, but had to go to Lloyd's of London, the university's re-insurance provider, to get the additional $1 million.  Dr. Richard Graves, Hoops' attending physician, could not be reached for comment.

According to Carole Gan, a UC Davis spokeswoman, the settlement reflects the "costs of lifetime medical and attendant or assistive-care for the injured child, as well as his inability in the future to earn an income." 

Dr. Fagel said the mother, whose pregnancy was fine, came to the hospital for a routine birth with a midwife and doctor, but both the doctor and the midwife ignored signs of distress during labor.  The lawsuit also claims the doctor and midwife did not recognize the problem until after the birth, when it was too late.

If your child is suffering from a birth injury, click here to find a medical malpractice attorney near you. 

In a medical malpractice lawsuit, a West Virginia man has sued his doctor for allegedly failing to diagnose colorectal cancer, also known as colon cancer.

Timothy A. Walden, Sr. is claiming that Dr. Ahmad Maraikayer failed to diagnose colorectal cancer in a timely manner and ignored requests for additional testing despite the fact that Walden had been complaining of symptoms for more than 18 months. 

Although Walden began seeing Dr. Maraikayer in June 2006, he was not diagnosed with cancer until January 2008. 

Walden is seeking both compensatory and punitive damages.

Recovering Compensation for a Failure to Diagnose

When a doctor or physician fails to diagnose or treat a disease, illness, or condition in a timely manner, it can lead to devastating side effects and serious health complications for the patient.  If a patient can prove that their doctor was negligent in diagnosing their condition or illness, they will be eligible to file for damages under medical malpractice law.  Common types of damages sought in a failure to diagnose lawsuit include compensation for pain and suffering, decreased enjoyment of life, loss of wages, and all current and future medical expenses.

For more information about claims involving failure to diagnose, click here to contact a medical malpractice attorney near you!

A man was awarded $19.2 million in a paraplegia medical malpractice case against Montefiore Medical Center in Bronx, New York.

According to the lawsuit filed in Bronx Supreme Court (12th Judicial District), Willfredo Figueroa became paralyzed from the waist down after doctors to failed to diagnose and treat a spinal abscess in a timely manner.  Due to a delayed diagnosis, Figueroa suffered a compressive injury, damaging nerve cells in his spinal cord.

Figueroa's attorney, James Wilkens of Duffy & Duffy, proved that the hospital failed to conduct and examine appropriate tests, such as a CT scan and an MRI, even though there were progress notes that indicated Figueroa might have spinal injuries. Wilkens also claimed the hospital failed to notify a neurosurgeon and other experts about Figueroa's condition. Furthermore, Wilkens argued that even though Figueroa first came to the hospital on September 22, 2004, the appropriate tests were not administered until October 4, 2004.

Damages were awarded for Figueroa's medical needs, lost earnings, future loss of wages, pain and suffering, and decreased quality of life.

"An award of this magnitude is certainly necessary to compensate him for the losses, costs, and other burdens our client and his loved ones are forced to endure the rest of their lives," said Wilkens.

For more information about delay of diagnosis claims, click here to find a medical malpractice lawyer near you.