Results tagged “surgical error” from Medical Malpractice Lawyers & Attorneys

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. 

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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!

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.

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News sources are reporting that a medical malpractice lawsuit has been filed against the University of Maryland Medical Center by a family who lost a loved one.  According to reports, the family lost 51 year old Bryan Harris after a hospital staff member accidentally removed a clamp after Harris' lung transplant surgery.  This caused Harris to lose all of his blood and also led to his eventual death. Harris had his lung transplant surgery in June 2008.

In the family's lawsuit, they allege that Harris' wrongful death resulted from a staffer, who subcontracted for the hospital, removing the clamp from Harris' body.  The family also accuses the hospital of trying to cover up what happened.  They said that at first, the hospital claimed Harris died from natural causes and then the medical examiner later said Harris died of multiple system organ failure.  The medical examiner then changed the cause of death again, claiming Harris died from acute blood loss.  The fact that the clamp was removed had been noted on the surgeon's paperwork, but no one's name was mentioned.

There are three staffers who may have removed the clamp, one being a subcontractor.  Two of the staffers were working during the surgery and one came in later to relieve them.  Yet, none of the three were listed as defendants in the lawsuit.  Instead, the lawsuit listed the defendant as the University of Maryland Medical Center.

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In Chicago, Illinois, a orthopedic surgery lawsuit was filed against a Chicago hospital where surgeons supposedly operated on the wrong knee of a patient.  After the operation, the patient claimed that he suffered from permanent injuries due to the surgeons' negligence.
The medical malpractice lawsuit, which was filed last week by Krzysztof Kordes in Cook County Circuit Court names 3 defendants:  Dr. Scott A. Seymore, surgical assistant Lukasz Sidorowicz and the Orthopedic Associates of Riverside.

On May 6, 2006, Kordes was supposed to have surgery performed on his right knee.  He was scheduled for a knee arthroscopy, partial lateral meniscectomy and ACL reconstruction.  His surgery was performed at MacNeal Hospital in a suburb of Chicago.  During the surgery, the doctor began to operate on the wrong knee.  Once he realized he was making a mistake, he stitched the knee closed and then starting to perform scheduled procedures on the Kordes' opposite limb. 

The American Academy of Orthopaedic Surgeons said that the wrong site surgery was devastating for the patient, a preventable surgical error and that the injury resulted from "poor preoperative planning, lack of institutional controls, failure of the surgeon to exercise due care, or a simple mistake in communication between the patient and the surgeon."  They also said that 84% of wrong site lawsuits result in a settlement for patients.

In Kordes' medical malpractice lawsuit, he states that the orthopedic surgery error has left him with permanent damage to the cartilage of his knee, which had been perfect prior to his surgery. 

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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.

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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 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.

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In Edmond, Oklahoma, the parents' of a 16 year old volleyball player recently filed a wrongful death lawsuit against the doctors that were treating their daughter.  The parents claim that the doctors are responsible for the death of Heather Harkness, who died during complications that arose during her abdominal surgery.  Harkness was a student at Santa Fe High School in Oklahoma and she died on September 9, 2008. 

According to reports, Harkness' parents filed a lawsuit against Walter M. Bell, M.D., Edwin C. Nalagan, M.D. and Integris Baptist Medical Center.  The lawsuit was filed in the Oklahoma District Court and asserts the physicians failed to, "recognize, resuscitate and respond to Heather Harkness' arrest resulting in the death of Heather Harkness."

At this time, Heather's parents are asking that they receive compensation for the deprivation of her services, consortium, companionship, love and affection.  They are also hoping to recover damages for their daughter's funeral and medical expenses.   It is estimated that their wrongful death claim is worth more than $10,000. 

In the documents filed with the Oklahoma District Court, Heather's parents allege that Integris hospital was negligent in hiring Dr. Bell because he had a previous history of patient injuries and deaths during laparoscopic surgeries.   The hospital refused to issue a statement about the lawsuit, but said that it wishes to extend its sympathies to the Harkness' family.
 
An autopsy was performed on Heather and revealed that her death resulted from the surgeon cutting her iliac artery during the laparoscopy.  After realizing his error, the surgeon opened Harkness' abdomen and massaged her heart for nearly an hour.  However, after the surgery, Heather remained unresponsive and was pronounced dead at 12:54 P.M. on September 9th. 

The medical examiner presiding over the autopsy said, "It is felt the cause of death is regarded to (be an) incised wound of left common carotid artery caused by the mechanism of exsanguination. The manner of death is ruled as an accident."

The medical term, exsanguination, refers to excessive blood loss due to internal hemorrhage which can lead to death if it is not controlled immediately through surgery.

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In Wildwood, Illinois, a family won $9 million in a medical malpractice lawsuit that involved the death of a 12 year old boy. 

On December 14, 1999, young Andrew Muno underwent surgery at Condell Medical Center in Libertyville.  The boy needed surgery to repair a cut tendon in his left arm.  During the surgery, Andrew died due to breathing problems he incurred after receiving an antibiotic he was allergic to.   Case information was released by the law firm representing Andrew's family, Salvi, Schostok & Pritchard Law Office.

Shortly after Andrew's death, his family filed a wrongful death lawsuit against Dr. Dale S. Gordon (anesthesiologist) and the surgeon who did the operation.  In 2006, a jury in Lake County ruled in favor of the family, and rewarded them $7.5 million.

After the ruling, both doctors listed as defendants in the lawsuit attempted to challenge the verdict, twice.  However, they were not successful with their attempts.

This past Wednesday, Lake County Judge Raymod McKoski upheld the $7.5 million award and granted the family interest, which brought the verdict to $9 million.

When the verdict was announced, attorney Michael Schstok released the following statement, "After nine years of waiting for justice to be rendered for the death of their son, the Muno family is relieved to finally have closure of this horrible chapter in their lives."

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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!

Wowktv.com is reporting that Paul Forshey, a locksmith in Charleston, lived with a surgical blade stuck in his hand for 10 years.  As a locksmith, Mr. Forshey often had to rely on the strength of his hands, and that is why he had surgery in 1995 to relieve symptoms of his carpel tunnel syndrome.

However, when he recently injured his thumb and needed emergency x-rays, it was revealed to him that a blade from his carpel tunnel surgery had been lodged in his hand. 

When asked about the discovery of the blade, Forshey said, "I almost passed out. I couldn't realize there was I think an inch-and-a-half-long blade, surgical blade in my hand and that answered a lot of my questions over the ten years."

For years, Forshey has said that he has been suffering from frequent pain, numbness and also has lost his grip.  He never knew why such symptoms developed after his surgery. 

After discovering the cause of his ailments, Forshey attempted to sue Dr. Ted Jackson, but his case was dismissed by the Kanawha County Circuit Court in August 2006.  The judge assigned to the case granted the dismissal on the grounds that it had exceeded the state's statute of limitations.  

Yet, the Forsheys are determined to seek justice, and are hoping that the state supreme court justices will be more open-minded.  Mr. Forshey and his family have not specified an amount for damages.  Rather, it is their hope that Dr. Ted Jackson will have to answer to his negligent actions and take responsibility. 

"I'll never get my hand back. That's something he took and he took a lot of things from me," said Forshey.

The state supreme court will hear arguments for the case in late October.

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