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

 

In 2002, the Pennsylvania state legislature passed Act 13, a measure meant to limit medical malpractice suits in the state and simultaneously reduce medical errors. Act 13 was followed by a 2003 state Supreme Court ruling ordering that malpractice suits must be filed in the county in which they allegedly occurred and ordering that plaintiffs must obtain a 'certificate of merit' from a doctor stating that negligence occurred. Prior to these two measures, Pennsylvania's healthcare system was on the brink of collapse from a crisis of malpractice suits centered in Philadelphia.

But since the passage of Act 13 and the Pennsylvania Supreme Court ruling, the state saw its number of medical malpractice suits drop for the fifth year in a row in 2009 according to a report issued by Pennsylvania Chief Justice Ronald D. Castille on Tuesday. This coupled with an increase in defense verdicts and a decrease in large jury awards has significantly eased the previous burden on the state's medical system:

-  Pennsylvania saw 1,533 new malpractice suits filed in 2009, a 47% drop from the 2,904 suits filed in 2002.
-  In Philadelphia specifically, new malpractice suits fell 64% from 1,365 in 2002 to 491 in 2009.
-  In 2009, medical malpractice suits ruled in favor of doctors & hospitals in 85% of cases state-wide and 79% of Philadelphia cases. From 2000 to 2003, those figures resided at 73% state-wide and 59% in Philadelphia.
-  From 2000 to 2004, Pennsylvania had 119 malpractice verdicts of more than $1 million, including 14 verdicts of more than $10 million. Of the 154 cases resulting in jury verdicts in 2009, there were only 12 verdicts of more than $1 million, including one verdict between $5-10 million.

If you've been affected by medical malpractice, click here to find a medical malpractice attorney near you.

A full decade has passed since plaintiff Ronnika Watson's son, Darrell Banks Jr. died of sepsis in April, 2000. Watson brought Darrell to the St. Elizabeth emergency room with a high fever and elevated blood pressure, among other symptoms. Over the course of the evening, her son's conditioned worsened until he ultimately died late that night.

Watson seeks damages of at least $50,000 plus costs for malpractice from Dr. Danuta Pikul of Belleville, Illinois. Watson alleges that Pikul failed to appropriately monitor her son as his condition worsened, specifically alleging that Pikul failed to treat Darrell for meningococcemia/septic shock.

Watson's original suit, filed in 2002, was dismissed without prejudice after five years. Watson re-filed her suit in 2008, naming St. Elizabeth's Hospital as a defendant.
The trial for this suit will begin Tuesday with James Mendillo representing Pikul and Gregory Wittner representing Watson.

If you have suffered as a result of medicinal malpractice, click here to find a medicinal malpractice lawyer who can help.

Recently, news sources reported that Children's Hospital of Los Angeles is facing a medical malpractice lawsuit in the amount of $19 million.  The lawsuit was filed by the parent of a 6 month old boy that claims doctors performed surgery on his son without his consent and that the surgery led to his child suffering brain damage.

The father, 43 year old Eduardo Rivas, claims that he never gave his consent for surgery to be performed on his son.  Now, his son Nathan has permanent brain damage.  The lawsuit was filed against Children's Hospital as well as two of Nathan's doctors.

Rivas is a single parent who speaks Spanish.  He said that Nathan's mother died from breast cancer a short time after their son was born four months premature.  Nathan had been transferred from Glendale Memorial Hospital when his father was contacted by a Spanish speaking social worker.  She told him that his 6 month old son need surgery, but Rivas did not give his permission.  Even though he did not consent to the surgery, Nathan's doctors proceeded with the operation the day after the phone call was made.  The surgery took place on November 16, 2007. 

At this time, the California Department of Public Health has not been able to provide any supporting evidence that Rivas consented to the surgery.  The only person that signed a consent form was Dr. Dean Anselmo.  Rivas said that he did not want to have his son undergo surgery because he was concerned about the anesthesia. 

The hospital contests that Rivas agreed to the surgery over the phone in English while another nurse witnessed the call.  They claim that instead of using a Spanish interpreter, Rivas refused and violated hospital policy. 

If you or someone you care for has been a victim of medical malpractice, click here to find a medical malpractice attorney near you!

Today, it has been announced that a family won a $29.1 million verdict against the federal government.  The medical malpractice lawsuit was filed on behalf of Christian Arroyo.

In May 2003, Christian Arroyo was born at Northwestern Memorial Hospital in Chicago, Illinois.  However, during the birthing process, he suffered brain damage and has since been diagnosed as quadriplegic with cerebral palsy. 

Arroyo's family filed the lawsuit in federal court and listed the U.S. government as a defendant because the doctors that delivered Arroyo worked for a federally funded Chicago clinic known as the Erie Family Health Center.

The family's lawyer filed the case under the Federal Tort Claims Act.  The Act allows individuals to sue the federal government, but cases require bench trials in place of jury trials. 
On Friday, Northern District of Illinois Judge Amy St. Eve issued a verdict in favor of the Arroyo family. 

In June 2009, the family received a $6.5 million settlement with the hospital where Christian Arroyo was born.  The new verdict will set off the prior verdict.

If you plan to file a medical malpractice lawsuit, click here to find a medical malpractice attorney near you!

In Brooklyn, New York, a family recently received $1.4 million for their medical malpractice lawsuit.  According to reports, the lawsuit involved an infant who had lost his eyesight due to medical negligence.  The infant was allegedly suffering from a serious brain tumor that his doctor failed to diagnose, which led to the baby losing his vision.

It took approximately 4 months for the physician tending to the infant to diagnose the brain tumor.  The plaintiff argued that delay in diagnosis adversely impacted the child's health.  However, the defense asserted that even though there was a slight delay in diagnosis, it did not cause the infant to lose his eyesight.  They claim that even if the tumor had been diagnosed earlier, the child would have still lost his vision.

After ongoing negotiations, the two parties were able to negotiate a settlement of $1.4 million for the medical malpractice lawsuit.  The settlement was approved by the Brooklyn Supreme Court of the State of New York.

If you have been a victim of medical negligence, click here to locate a medical malpractice attorney who can help you!

 

 

 

 

In Philadelphia, a physician overseeing an abortion clinic recently had his license suspended due to conditions at his facility.  However, Dr. Kermit Gosnell claims that his clinic provided "the very best of responsive care."

When interviewed by a local news station, Dr. Gosnell told reporters that he offered "the same care that I would want my daughter to receive."

Yet, his medical license was suspended after state medical authorities alleged that a patient's death resulted from "deplorable" conditions at Gosnell's clinic.  In 2002, a lawsuit was settled for the death of a woman who passed after receiving an abortion from the clinic.  Sources say that the abortion was botched.

At this time, Gosnell is refusing to comment on his case.  The doctor, who is 69 years old, has not been charged with any crimes to date.  He told reporters that in time, he expects to be vindicated of the accusations.

If you have suffered from medical malpractice, click here to find a medical malpractice attorney!

As of today, news sources are reporting the death of Representative John Murtha (Democrat - Pennsylvania) may have been caused by a surgical error.  Murtha's tragic death occurred yesterday and now it is reported that doctors may have cut his intestine during an operation.

In December, Murtha began experiencing problems with his gallbladder.  Doctors operated on him on January 28th.

Now, the Pittsburg Post-Gazette is claiming that complications occurred after Murtha's doctors nicked his intestine.  They were performing a laparoscopic procedure to remedy Murtha's gallbladder problems.  Yesterday, Politico reported that Murtha died as "a result of complications from a recent surgery."

Murtha was 77 years old when he died at Virginia Medical Center in Arlington, Virginia.

Have you lost a loved one due to a surgical error?  Are you a victim of a surgical error?  If so, click here to find a medical malpractice lawyer who can protect your rights!

According to several news sources, the opening statements will begin this week for a high-profile case against Pendleton Methodist Memorial Hospital in Louisiana.  The lawsuit against the hospital was filed by plaintiffs who allege that the medical facility was liable for deaths that occurred after Hurricane Katrina because the hospital was not prepared for the disaster.

Since Hurricane Katrina, many wrongful death and medical malpractice lawsuits have been filed in Louisiana.  In fact, over 200 cases have failed.  Yet, the Orleans Parish civil case that was filed by the family of Althea LaCoste managed to garner attention because it was the first case to reach trial against a healthcare facility that was accused of negligence, instead of malpractice.

The plaintiffs' lawyers say that the family hopes to convince the jury that the executives at Pendleton Methodist Memorial Hospital were aware that generators were inadequate and deliberately put off making improvements to enhance the hospital's emergency preparedness.  The family lost 73 year old Althea LaCoste after generators failed at the hospital.

News sources say that by arguing negligence instead of malpractice, the plaintiffs may receive millions more if they obtain a favorable verdict.  In Louisiana, the maximum compensation for medical malpractice cases is set at $500,000, while there is no cap for damages in cases involving negligence.

Prior to making it to trial, the lawsuit bounced through Louisiana's court system.  The state Supreme Court had to settle the issue of whether LaCoste's family could file a lawsuit that was outside of the medical malpractice area, which cleared the way for many other lawsuits involving negligence that have not yet been filed in the state.

If you have lost a loved one due to medical negligence, click here to find a skilled medical negligence attorney near you!

New York -- This week, a medical malpractice trial is set to begin against Vassar Brothers Medical Center and a deceased physician.

45 year old Martha Meyer of Poughkeepsie filed the lawsuit because she had become permanently disabled after a surgery that was performed at Vassar Brothers Medical Center in 2003.  She needed the operation to remove an ulcer that was causing her medical problems.  In her medical malpractice lawsuit, she lists the center and Dr. Barr Jordan (deceased) as defendants.

In the court documents that were filed, Meyer states that Dr. Jordan performed her surgery on September 12, 2003.  She was discharged from the hospital 3 days later on September 16th, but was readmitted a few days later because she was experiencing abdominal pain.  Later, doctors found that Meyer had internal bleeding and a damaged spleen.  She also suffered brain damage and related injuries due to the blood she lost.

The case will be presided over by Supreme Court Justice James V. Brands and will take place in the Dutchess County Courthouse.  Witnesses started testifying earlier this week.

Have you suffered from medical malpractice?  If so, click here to find a medical malpractice attorney near you!

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!

Recently, one hospital in Alabama and three hospitals in Los Angeles, California have been reported to the Food and Drug Administration (FDA) for over-exposing 270 patients to radiation through CT scans. 

After reports were made, the FDA launched investigations in a series of cases in which 270 patients claimed that they were subjected to excessive amounts of radiation during CT brain perfusion scan procedures in L.A. and Alabama.

In October, the issue surfaced after it was discovered that 206 patients over an 18 month period were exposed to 8 times the normal amount of radiation normally used during CT scans.  The incidents occurred at Cedars-Sinai Medical Center in Los Angeles. 

At Glendale Adventist Medical Center in Glendale, California, it was reported that over a period 10 months, 10 patients were exposed to 4 times the normal amount of radiation.   During that time, a 59 year old woman in Alabama came forward after she noticed a bald strip on her head a few days after she received a CT scan.  The woman reviewed her medical records and found that she had been exposed to a higher amount of radiation than other patients at Cedars Sinai. 

When patients have been exposed to higher amounts of radiation, they may develop symptoms such as hair loss and redness on their skin after procedures. 

At this time, the FDA is continuing investigations in conjunction with the state and local health authorities to determine how and why patients were subjected to such high amounts of radiation.  The FDA also released literature to help hospitals prevent over-exposure and medical errors.

If you have been a victim of a medical error, click here to find a medical malpractice attorney who can help!

Medical malpractice occurs whenever a medical professional acts negligently by failing to exercise the standard amount of care and treatment that a normal medical professional would exercise in the same situation.  Whether you believe it or not, medical malpractice is quite common.  This claim is backed by the 5 statistics provided below:

1. In a recent study, the Institute of Medicine of the National Academy of Sciences claimed that approximately 98,000 people will die in hospitals each year due to medical errors.

2. The New England Journal of Medicine claims that 73% of medical malpractice cases involve medical errors.

3. A Harvard study revealed that only 1 claim per 7.6 hospital injuries is filed.  This means that many injured people do not take legal action against negligent medical professionals and hospitals.

4. A disturbing study revealed that sexual misconduct is another area of concern and has led to several malpractice lawsuits.  The study states that 6 to 10 percent of medical professionals admitted to having inappropriate sexual contact with patients.

5. The Journal of the American Medical Association revealed that medication errors cause harm to 1.5 million people annually.

Each year, countless people are harmed by medical malpractice as indicated by the aforementioned statistics.  If you have been a victim of medical professional negligence, click here to find a skilled medical malpractice attorney!

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!

 

This past Tuesday, the Kent County Superior Court in Rhode Island announced that actor James Wood had settled his medical malpractice lawsuit.  According to reports, Woods filed his lawsuit against Kent Hospital after his brother died in 2006.

In his lawsuit, Woods asserted that the hospital staff did not take appropriate measures to treat and diagnose his brother, Michael.  Michael had been admitted into Kent Hospital after he visited the emergency room with complaints of a sore throat and frequent vomiting.  Reports indicate that he later died of a heart attack.

The Woods' family received a settlement for an undisclosed amount this week.  They also received an apology from a hospital executive who said that an institute would be started in Michael Woods' name.   James Woods said, "We made the best of a horrible tragedy."  He also said he was happy about the institute, which will research new ways to reduce human errors in hospitals and medical facilities.

If you or someone you love has been injured by the negligence of a medical professional, click here to find a medical malpractice lawyer near you!

Today, arbitrators ruled in favor of a middle school administrator who filed a medical malpractice lawsuit against Kaiser Permanente.  The administrator, Timothy Howard, filed his claim after physicians failed to diagnose his symptoms, which led to him becoming disabled permanently.

Kaiser Permanente, California's largest non-profit HMO, was ordered to pay Howard $5 million for his injuries.  According to Howard's claim, his physicians failed to diagnose signs of an impending stroke, which later left him paralyzed and disabled indefinitely.  Additionally, an infection related to his stroke led to him having both of his legs amputated.
 
On November 18th, a panel of three arbitrators ruled in favor of Howard.  They said that the physicians at Kaiser Permanente were negligent and failed to properly diagnose Howard's symptoms, some of which included blindness and persistent headaches. 

Howard's lawyer argued that if his client had received proper treatment with medication, his artery would have repaired itself in a few months and the stroke may have never occurred.  However, the condition remained undiagnosed and led to a traumatic stroke two years later. 

Jim Anderson, a spokesman from Kaiser Permanente said, "We all agree that this is a terrible tragedy for Mr. Howard and his family, and all of them have our deepest sympathy."

If you have been harmed by failure to diagnose, click here to find a medical malpractice attorney near you!

In California, it is being reported that a baby's body was finally found after it had been missing for six days.  According to sources, the baby was 20 weeks premature and had been delivered at Kaiser Permanente.   The baby survived for 2 hours after being delivered and then passed away.

The baby had been named Autumn and once she died, her body went missing for 6 days from the hospital.   Autumn's parents had been making funeral arrangements when they learned that their daughter's body could not be found by the hospital. 

Representatives from Kaiser approached the parents and told them that the hospital had somehow lost track of their baby.  Days later, the hospital told the parents that their daughter's body was found in a refrigerator in the pathology department.  They claimed that the body was mistaken for an ice pack.

After the incident, a representative from Kaiser Permanente issued the following statement, "Due to patient privacy laws we are not able to discuss the details of any individual patient matter. In a case such as the one described we would offer our sincere apologies, work around the clock to investigate every possible avenue that could lead to an explanation and resolution of such a painful situation, and reach out to those involved to offer comfort and support."

The hospital went on to reiterate that they were taking pro-active measures so incidents like this would never happen again in their medical facilities.  At this time, it has not been revealed if the parents will take legal action against the hospital or not.

If you are dealing with a medical malpractice matter in California, click here to find a skilled medical malpractice lawyer!

 

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.

Have you been wronged by a doctor or medical professional? Click here to find a medical malpractice lawyer near you!

News sources are reporting that a hospital in Providence, Rhode Island is being fined for committing a surgical error.  In fact, since 2007, Rhode Island Hospital has been fined five times for operating on the wrong body part.  This means that five patients have undergone surgery only to discover that surgeons performed wrong site operations.

The Rhode Island Department of Health recently fined the hospital $150,000 after one surgeon operated on the wrong finger of a patient this past month.  Aside from having to pay the hefty fine, the hospital will now have to install video cameras in every operating room and all surgeries performed will be watched closely by a clinical professional.  The state's Department of Health believes this measure will lead to reduced instances of surgical errors while protecting patients' safety.
   
Prior to this instance, Rhode Island Hospital was already being subjected to ridicule after surgeons performed three separate brain surgeries and operated on the wrong parts of patients' brains.  After the errors occurred, the hospital said that it would make proper reforms, but had shown little follow through.
  
In the United States, patient safety analysis is determined by HealthGrades.  According to the analysis, Rhode Island Hospital was average in overall patient safety.

If you have been harmed by a surgical error in Rhode Island, click here to find a medical malpractice lawyer!

U.S. Senator Lindsey Graham (R-S.C.) has introduced a new bill that will require medical malpractice plaintiffs who lose their lawsuits to pay the legal costs for both sides. 

Graham feels the legislation will help reduce the amount of people who file frivolous malpractice lawsuits.

"When both parties in a lawsuit are subject to financial penalty, people think longer and harder about bringing a questionable case forward," said Graham.

Experts believe fear of being sued for medical malpractice has caused physicians to feel more pressure to order or perform unnecessary tests or practice defensive medicine, thus driving up health care and insurance costs.  Supporters of health care reform also believe medical malpractice insurance has caused medical costs to rise.

"While no one with a valid claim for medical malpractice should be denied his day in court, those who bring frivolous lawsuits raise the cost of health care for everyone," argued U.S. Senator Saxby Chambliss (R-Ga.), who co-sponsored the bill with Graham.

Under the terms of the bill, dubbed the Fair Resolution of Medical Liability Disputes Act of 2009, both parties would be required to preliminary, non-binding arbitration before the lawsuit could be filed in court. If either party rejects the arbiter's decision, they can bring the claim to court. However, the loser of the lawsuit will be required to pay the legal costs for both sides.

To be clear, only the party that rejected the arbiter's decision would be required to pay for the legal fees, and that is only if the judgment is less favorable than the arbiter's decision.

For more information about this law, please click here to find a medical malpractice attorney near you!

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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