Results tagged “doctor malpractice” from Medical Malpractice Lawyers & Attorneys

Three doctors in West Virginia have been named as defendants in a medical malpractice lawsuit for allegedly failing to diagnose a patient's condition.

William Todd Gibson filed the lawsuit against Dr. Ronald D. Bowe, an internal medicine physician, Dr. Allen J. Holmes, an emergency medicine physician, and Dr. Tamara Aman, an osteopathic physician.  Gibson sought treatment from all three doctors from November 27, 2007 through December 10, 2007.

He is claiming his physicians were negligent in diagnosing the signs of a neurological impairment. Specifically, his physicians failed to order an MRI of his cervical thoracic and lumbar spine, an immediate evaluation by a neurosurgeon, and immediate measures to reduce the swelling around his spinal cord. Gibson is also claiming that his physicians failed to admit him to the hospital or transfer him to a neurological center that was capable of producing MRI imaging, as well as neurosurgical therapy.

Gibson is seeking an unspecified amount in damages.  In the lawsuit, he claims he was required to undergo additional medical care.  He also says he suffered new injuries, great physical and emotional pain, decreased enjoyment of life, and was forced to change his lifestyle as a result of his injuries. He also claims to have incurred medical expenses.

If you have suffered an injury due to doctor or hospital malpractice, click here to find a medical malpractice attorney in your state who can help you take legal action!

A Connecticut doctor has been banned from practicing medicine in the state of New York after inseminating a fertility patient with the wrong sperm.  

The New York Board for Professional Medical Conduct agreed with the state of Connecticut's findings that Dr. Ben Ramaley, an obstetrician-gynecologist, conducted an "improper residential practice" following the insemination mishap.  In addition to losing his medical license in New York, he has also been banned from practicing medicine anywhere in the state and from reapplying for a new medical license.

"We don't want doctors who have been involved in unsafe or unprofessional practices in other states to practice in our state," said New York Health Department Spokesman Jeffrey Hammond. "Our goal is patient safety."

The incident came to light after the couple gave birth to twin baby girls, who both had fair complexions compared to their black father. It was later discovered that Ramaley inseminated the woman with his own sperm instead of her husband's. A paternity test later confirmed that Ramaley was the father.

Ramaley was also fined $10,000 for failing to keep records properly and failing to properly label specimens.

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A Florida jury has returned a $4.25 million verdict in a medical malpractice lawsuit involving a woman who died after childbirth.

The family of Wendy Leigh Jackson filed the wrongful death lawsuit against physicians at Fort Walton Beach Medical Center.

Jackson died 16 hours after giving birth when an artery ruptured due to a renal aneurism.  The lawsuit claims that doctors Wyndal K. Blankenship, Barry Riggs, and Saad Rahman knew that Jackson was bleeding near her kidneys. According to the lawsuit the doctors failed to take appropriate action until it was too late.

Both Blankenship and Rahman were held liable by the jury.  Riggs was eventually cleared and the hospital was not named as a defendant in the lawsuit.

Jackson's son was awarded $1.7 million for pain and suffering and $185,000 for loss of support and services.  Her husband was also awarded $1.8 million for pain and suffering and $565,000 for loss of support and services.

Attorneys for the defendants tried to place partial responsibility on Jackson, but the jury rejected that argument.

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A jury in Montgomery County, Maryland found Dr. Leonard Bienkowski of Frederick Memorial Hospital negligent in delivering a couple's son, an incident that led to a fatal birth injury.

Sandra and John Ketterman were awarded $1.85 million in damages after their son died from a serious birth injury.  The Ketterman's wrongful death lawsuit claims that Dr. Bienkowski's use of vacuum extraction during the delivery was what ultimately led to the injury that cost their son his life. In the lawsuit, the Kettermans argue that Dr. Bienkowski did not follow the accepted standards of medical care, and did not warn the couple about the dangers associated with vacuum extraction.

Dr. Bienkowski decided to use vacuum extraction when the baby's head became lodged in the birth canal.  Vacuum extraction is typically used when a baby is in distress, however, the Kettermans argue that their son did not appear to be in distress, and that if they had known about the risk of injury associated with vacuum extraction they would have opted for a cesarean section instead.

Vacuum extraction involves applying suction to the child's head to help remove a child from the birth canal and speed up delivery.  This practice has slowly been replaced by the use of forceps, which pose a lesser risk of serious injury, such as facial nerve damage, brain damage, cerebral palsy, and developmental delays.

The Kettermans were awarded $752,000 for economic damages, $100,000 for their son's conscious pain and suffering before his death, and $500,000 to each parent for their suffering.

For more information about serious and fatal birth injuries, please click here to find a medical malpractice lawyer near you.

A Harris County jury has awarded a Texas man $10 million dollars in a medical malpractice lawsuit against Methodist Hospital.

John German went to the hospital for heart surgery. But after developing an infection, doctors were forced to amputate his left leg above the knee, the toes on his right foot, and his fingers on both hands.

German claims that the hospital staff failed to properly monitor him for blood disorders after prescribing him the blood thinner Heparin. German had an allergic reaction to the drug, causing his blood to clot instead of thin. As a result, blood was prevented from flowing to his extremities.

The jury agreed with German's claim that the nurses failed to recognize and treat his condition until it was too late.

German may be one of the last Texans to be awarded such a high settlement in a medical malpractice case. The Texas Torte Reform Law, passed in 2003, caps the amount of non-economic damages a patient can claim at $250,000.

German was awarded a multi-million dollar settlement because his case was filed before the law took effect.

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A dental malpractice lawsuit involving a botched surgery will move forward to trial in St. Clair County, Illinois.

The lawsuit was filed by Dennis Reed, a singer, who claims the botched surgery to remove a temporary bridge has hurt his singing career.  The lawsuit was filed against Dr. Harvey Breckner, Dr. Dane Robinson, and Dr. Mark Beehner. 

Reed claims that Dr. Breckner fractured two of his teeth during the surgery, and that the newly installed bridge didn't fit properly, resulting in a cross bite.  Reed also sued Breckner for breach of contract over his dental expenses.

In the lawsuit, Reed states that his dental problems have affected his ability to change notes with the speed and accuracy needed for his profession.

According to the lawsuit, Breckner agreed to accept financial responsibility for the injuries and for Reed's follow-up treatment.

After reaching an agreement with Breckner, Reed saw Dr. Beehner, who installed implants for two of the damaged teeth.  But according Reed, Beehner used gloved hands to install the implants instead of sterile instruments.  He also claims Beehner didn't take x-rays to determine whether or not there was enough base bone to place implants in his mouth, and that the implants impinged on his nerve.  Reed is claiming that he suffered an infection, paralysis of the lip and lower jaw, bone and gum loss, disfigurement, and damage to his ability to sing.

In the lawsuit, Reed also claims that Dr. Robinson pierced part of his mouth and hit a nerve while implanting teeth, that he didn't use the implants properly, and that he used a non FDA-approved protein.  Reed claims the treatment he received from Robinson made him more susceptible to infection, and that it caused the same problems he suffered from Dr. Beehner's treatment.

All three of the dentists listed in the lawsuit are being sued for pain and suffering, mental anguish, disfigurement, loss of income, disability, medical expenses, and other charges.

Reed is seeking an unspecified amount in damages.

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An Ohio jury has awarded 1.3 million to a woman who suffered second degree burns on her face and neck after a fire erupted in the operating room where she was having an outpatient procedure.

Lauren Wargo, who was having a mole removed from her right eyebrow, was sedated and receiving oxygen through a face mask when plastic surgeon Dr. Bryan Michelow activated an electocautery device (known as a bovie) that caused a fire to erupt in the operating room. In the lawsuit, Wargo alleged that Michelow was negligent in failing to communicate with anesthesia assistant who was responsible for monitoring the oxygen mask. The lawsuit claims that Michelow should have known to tell the assistant to turn off the oxygen. During the trial, Michelow blamed the assistant for not knowing he was going to use the bovie.

The jury found that Dr. Michelow was 100% at fault for the incident, and awarded Wargo $872,000 in damages. The jury also discovered that Michelow concealed the truth about the cause of the fire from Wargo and her parents, which resulted in an additional award of  $425,000 in punitive damages.

For more information plastic surgery malpractice and anesthesia malpractice, please click here to find a medical malpractice attorney near you.

A neurosurgeon in Gainesville, Georgia has been cleared in a medical malpractice lawsuit that alleges he caused a patient to become paralyzed from the waist down.

The lawsuit was filed by Randall Scroggs and his wife Gail, who claimed that Dr. Karl D. Schultz of Specialty Clinics of Georgia failed to follow proper procedure during spinal surgery. Scroggs was left in a paraplegic state following a surgery in which Schultz attempted to insert a spinal cord stimulator to treat an ongoing medical condition. The Scroggs were seeking 3 million in damages.

After deliberating for an hour or two, a Hall County jury ruled in favor of Schultz, stating that he exercised a reasonable degree of medical care and skill in his treatment of Scroggs.

For more information about surgical errors and doctor malpractice, please contact a medical malpractice attorney near you.

The family of Heather Sloan, a patient who died after negligent medical treatment in the emergency room of Chester Regional Medical Center in South Carolina, has agreed to settle their medical malpractice lawsuit with six physicians.

According to the lawsuit, Sloan went to Chester Regional hospital on three occasions in 2005 for treatment for abdominal pain.  Sloan was sent home after the medical professional who read her CT scan did not see that her intestines were twisted.  Sloan returned to the hospital's emergency room two more times complaining of severe abdominal pain before doctors and surgeons found the bowel torsion.  Sloan died the night of the operation from her untreated condition.

The $3 million settlement with the six doctors named in the lawsuit must be approved by the judge.  Last year, the hospital settled the claim with the family for $250,000.

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A New York House judiciary panel will consider a bill that will allow U.S. military members and their families to sue the government for medical malpractice.

The bill, which was introduced by Rep. Maurice Hinchey, aims to overrule a 1950 U.S. Supreme Court ruling that bars military members and their families from suing the military for negligent medical care given during their service.

The measure was brought to life after Hinchey learned the fate of Marine Sgt. Carmelo Rodriguez.  In 2007, 29-year-old Rodriguez died of cancer almost 10 years after a doctor noted a moon-shaped mark on his right buttock during his enlistment.

Rodriguez visited a doctor several times specifically asking about the mark, which eventually began to bleed. After two referrals to see a dermatologist were lost, Rodriguez went and saw a specialist.  By then, the melanoma had spread and it was too late.

Rodriguez's sister, Ivette Rodriguez, will testify before the judiciary panel to express her hope to legislators that the bill will hold military doctors accountable for their actions and make them think twice about diagnosing a soldier.

"It can save somebody else from going through what my brother did," she said.

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The family of a 16-year-old Russian boy who died after a brain stem operation in 2006 has filed a medical malpractice lawsuit against the Oklahoma City surgeon who performed the risky procedure for free to gain publicity. 

The family of David Kurbanov filed the wrongful death lawsuit on February 10 in Oklahoma County District Court, alleging that Dr. Paul Francel's medical negligence left Kurbanov brain dead, which eventually contributed to his death a year later.

Dr. Francel performed the much-publicized surgery in October 2006 after doctors in Moscow discovered a tumor in Kurbanov's brain stem, which affected the parts of his brain that control swallowing, appetite, and balance. Following the operation, Kurbanov went into a coma and was declared brain dead in November. He died in June 2007 at the age of 16.

The Kurbanov family's lawsuit claims that Dr. Francel was more concerned with self-promotion than with providing appropriate care to their son. They also claim that Dr. Francel provided care that was below the acceptable standard of medical care.

According to the Associated Press, Dr. Francel currently faces at least 12 medical malpractice lawsuits that have been filed since June 2007, and is being investigated by the Oklahoma Board of Medical Licensure and Supervision. The doctor has agreed to stop practicing medicine while the investigation is underway.

For more information about surgical errors and brain injuries, click here to find a medical malpractice attorney. 

The wife of a man who died after contracting a staph infection has filed a medical malpractice lawsuit against the Florida doctors who failed to properly diagnose the infection that led to the man's death.

The widow of Ronald Carl claims that doctors at Oak Hill Hospital in Brooksville, Florida acted negligently when they failed to properly evaluate and treat a boil, which turned out to be a virulent staph infection known as MRSA (Methicillin-Resistant Staphylococcus Aureus).

The lawsuit states that Carl went to the hospital to get the boil looked at by a doctor, but was sent home with only antibiotics. A culture test was never taken to determine the nature of the condition.

A culture was finally taken on the boil when Carl returned the hospital a few days later to control his blood sugar. But although tests indicated that Carl had a MRSA infection, he was never notified and it was not documented in his medical records.

The lawsuit further claims that two months after the hospital failed to diagnose the MRSA infection, Carl was readmitted to the hospital but there was a 21-hour delay before he could be examined and diagnosed with the infection.   Although he was put in the intensive care unit, he suffered a cardiac arrest hours later and died the next morning.

When left untreated, MRSA infections can be life-threatening, impacting multiple parts of the body including bones, joints, surgical wounds, the bloodstream, lungs, and heart valves.

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A woman whose daughter developed cerebral palsy during the birthing process has filed a medical malpractice lawsuit against St. Louis University, Memorial Hospital, and the doctor who performed the delivery.

Linda Overmeyer filed a complaint in St. Clair County Circuit Court in Illinois alleging that mistakes made during the delivery of her daughter Haley caused the baby to develop cerebral palsy, a type of brain injury that affects motor skills.  According to the lawsuit, Dr. William Keenan failed to appropriately resuscitate the child and ensure she was properly intubated and monitored.

Overmeyer claims Williams, who is an employee of St. Louis University and Memorial Hospital, failed to adhere to the appropriate standard of medical care during the January 9, 2005 birth of her daughter.  Overmeyer alleges that her daughter's injuries could have been prevented had the doctor not made mistakes during the delivery.

Cerebral palsy is an incurable condition which can cost upwards of millions of dollars to treat throughout a child's lifetime.

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A woman in Kentucky was awarded $9.89 million on Wednesday when a jury in a civil medical malpractice case ruled in her favor.

Latricia Satterwhite became paraplegic after a routine heart surgery back in April of 2006. The surgery on Satterwhite's mitral valve took less than one hour to complete, and was done successfully. But according to medical experts who testified in court, the surgeon who operated on Satterwhite misplaced the cannula, or hose, for a machine that pumps oxygen into the heart. As a result, too much blood and oxygen were pumped into her right hand, and too little was pumped to her brain and thoracic spinal cord.

Satterwhite is now no longer able to walk and has suffered mild to moderate brain damage, according to her attorney James Bolus.

But the surgeon who operated on Satterwhite, Dr. Michael Sekela, is disputing that the cannula was misplaced and that he is responsible for her accident. Sekela's attorney, Rich Schiller, said Sekela is considering an appeal.

Satterwhite was awarded more than $455,000 in past medical expenses and more than $4 million for future medical bills. She was also awarded $480,000 in lost wages and $4.5 million for pain and suffering, making the total verdict $9,864,175.78.

Dr. Sekela was found 31% at fault for the accident, the anesthesiologist was found 23% at fault, and the perfusionist (the person operating the lung machine) was found 41% at fault. However, because the anesthesiologist and perfusionist settled with the patient outside of court, they were not involved in the trial.

If you or someone you love is the victim of a surgical error, click here to find a medical malpractice attorney near you!

Dr. James S. Snow of Liberty Regional Medical Center in Hinesville, Georgia has been fined by the state medical board for a case involving a 40-year-old woman who died in his care while awaiting discharge.

According to the Composite State Board of Medical Examiners, the patient, identified only as E.T., came to the emergency room at Liberty Regional Medical Center on January 10, 2004 with complaints of chest pains that she described as, "an elephant sitting on my chest." Snow ordered standard lab work, a chest X-ray, and an EKG. According to reports, the patient appeared to be getting better when she suddenly experienced "ventricular fibrillation" and died. Attempts were made to resuscitate her but were unsuccessful.

A peer reviewer appointed by the medical board to assess how Snow handled E.T.'s case concluded that Snow's actions failed to conform to minimum accepted standard of care in regards to both diagnosis and treatment.  

Snow signed a public consent order and agreed to pay $5,000 and complete 15 hours of continuing medical education. In addition, Snow will also pay $400 to the medical board as reimbursement for administrative fees.

Snow's profile on the medical board's website shows that Snow was also ordered to pay $750,000 in a medical malpractice settlement in May 2007. However, according to the medical board this settlement may occur for a number of reasons and does not automatically mean that Snow acted negligently or incompetently as a physician. Snow's most current consent order will also appear on his physician profile.

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A jury awarded an Indiana couple $8.1 million in a medical malpractice lawsuit. Eric and Renee Flora of New Carlisle, Indiana filed a medical malpractice lawsuit against podiatrist Dr. W. Douglas Kolmodin for failing to diagnose cancer in Renee Flora.

In early 2004, Renee Flora went to Dr. Kolmodin's office to have a growth removed from her big toe and tested for cancer. Flora believed herself to be in good health until the growth resurfaced a year later and she consequently was diagnosed with malignant melanoma. Now in stage three cancer, Flora has only a 17% chance of living longer than 12 years, according to her attorney Rob Gonderman.

Both in court and in sworn affidavits, the Floras testified that they saw Dr. Kolmodin's place the lesion into a container to be sent out for testing. But that was the last day Dr. Kolmodin practiced in that office, as he was in the process of moving his office to a new location. Gonderman said it was during the moving process that Flora's specimen was lost.

According to court records, Dr. Kolmodin denies that the specimen was lost. He said the specimen had disintegrated upon removal from its container and that there was nothing left to test.

But the three podiatrists who reviewed the case for the Indiana Department of Insurance agreed that there should have been enough tissue to conduct a test, Gonderman said.

Upon conclusion of the five-day trial, the St. Joseph Superior Court jury found Dr. Kolmodin liable for medical malpractice after coming to the conclusion that Flora's odds at overcoming the cancer were significantly reduced because he failed to test the tissue for cancer.

Although the Floras declined to comment on the verdict, Gonderman said he was pleased with the verdict.

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