Articles Posted in hospital negligence

The plaintiff is a 61 year old woman who was able to walk to an ambulance but left the hospital paralyzed a week later has resolved her lawsuit against three doctors for medical malpractice.The plaintiff was scheduled to go to trial a second time, but resolved her lawsuit during mediation against a radiologist,a neurologist and an internist.The records show the medical malpractice lawsuit was resolved and the Judge signed a dismissal involving two of the doctors.The attorney called it a confidential resolution, not a settlement, but will not specify the amounts the two other doctors or their insurers will pay.The victim is greatly relieved that the claim has been resolved, and will use the money to pay for the nursing home where she has become accustomed. Her husband died while she was pending the appeal and she has decided that the nursing home is the best place for her medically and emotionally.As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.

The plaintiff is suing the hospital and several doctors citing medical negligence after a spinal epidural abscess was not quickly diagnosed and led to her partial paralysis.The plaintiff was a retired licensed practical nurse who hadn’t worked for over 12 years due to a work injury that caused her leg pain, reflex problems and numbness.She lived at home and was cared for by her husband a Vietnam veteran. Just weeks before the trial her husband died from complications from Agent Orange and the plaintiff was moved to the nursing home.If she had won a large jury amount, she would have temporarily lost her Medicare benefits and would have had to pay the full price of her medical bills until her money ran out. The estimate for her lifetime care is $4.7 million.This award brings to an end a case that ended in a defense verdict 3 years ago when a jury found in the doctors’ favor.The Hospital had settled shortly before trial.The attorneys thought that the plaintiff, who was wheeled into the courtroom on a gurney and was only able to wiggle two toes for jurors, would have prompted a verdict in her favor.After the verdict, the defense attorneys sent a letter regarding possible misconduct.The settlement couldn’t be brought up at trial and the judge repeatedly warned jurors not to read the newspaper, Internet stories or watch TV news.But it was discovered one juror did anyway and learned from a Daily News story about the settlement.It was discovered that the bailiff was contacted by a juror who reported that another juror told two jurors he’d read articles about the case and had done his own research and knew one of the defendants had settled.The three jurors involved in the conversation testified at a hearing which prompted the Judge to throw out the verdict and grant the plaintiff a new trial.The testimony showed the plaintiff who suffered from diabetes and bipolar disorder, called 911 complaining of shortness of breath and excruciating back pain.She walked out of her home into an ambulance, but later said in court that the doctors, who weren’t even hospital employees, didn’t consider her condition an emergency. Testimony showed she deteriorated for six days while at times screaming in pain, until a week later when she was unable to walk. The plaintiff’s lawsuit alleged she suffered from progressive neurological deterioration after she was admitted. Six days later, she was transported to another Hospital for an MRI where they found a large epidural abscess on her spine.A neurological consult was immediately requested and another doctor performed emergency decompressive surgery which helped her regain some arm motion and feeling in two toes.But by then it was too late, the plaintiff who was an amateur artist who loved to paint, had suffered severe, permanent neurological dysfunction. She was released from the hospital one month later to the nursing home and suffers from quadriparesis which means she has some limited motion.
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The Plaintiff, a 62-year-old man who had to have more than two feet of his colon removed due to perforations in his colon he acquired during a routine colonoscopy; received a $2 million verdict against two doctors who treated him. As an experienced Maryland trial lawyer I have reviewed many cases of Baltimore medical malpractice and have completed same with favorable results..The jury deliberated for over two days before finding that the doctor who performed the colonoscopy on the plaintiff, was 60 percent negligent for his perforated colon and resulting surgeries. They also found the second doctor 40 percent negligent for further perforating the plaintiff’s colon during follow-up procedures to fix subsequent complications due to the initial tear.

The pretrial memorandum filed stated that the the doctor dramatically overinflated the plaintiff’s colon during the initial colonoscopy. When the plaintiff complained to the doctor of severe pain the following day,the doctor directed him to go to the emergency room where a CT scan was performed and showed no free air, which meant there was no perforation.The hospital appropriately treated the plaintiff with antibiotics for an obstruction and monitored him. But a CT scan performed a few days later showed a perforation and the plaintiff required emergency surgery.The doctor that performed the initial colonoscopy argued that a possible perforation was a known complication of the procedure and noted in the informed consent the patient signed.

The attorney argued that the plaintiff’s colon was overinflated to a level beyond the standard of care and the jury agreed.The jurors ruled the doctor overinflated the colon and was beyond what people thought was reasonable.The plaintiff’s problems persisted even after the emergency surgery which brought other doctors into the mix and ultimately into the case.
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A veteran filed a $30 million medical malpractice lawsuit charging that an improper colonoscopy at a hospital gave him life-threatening hepatitis C. More than 11,000 veterans received colonoscopies with improperly cleaned equipment in three separate hospitals.Of the veterans who had the procedure at the three facilities, five have tested positive for HIV, 25 for hepatitis C and eight for hepatitis B.The plaintiff, a 69,year old veteran says he got a colonoscopy at the hospital and two years later was told he has hepatitis C.As an experienced trial attorneyI have reviewed many cases of medical malpractice and have completed same with favorable results The plaintiff’s medical malpractice suit asks for $20 million for him and $10 million for his wife for loss of consortium. Court documents he filed in the case acknowledge the hospital breached a duty of reasonable care with the victims by using improperly cleaned equipment, but deny the equipment caused the health problems.
In another colonoscopy case settled out of court the plaintiff’s lawyer says they tracked down his client’s ex-girlfriend from 10 years earlier to see if she rather than the equipment might have been the source of his HIV.
The lawsuits were filed after an investigation revealed more than 11,000 colonoscopies were done at three hospitals using equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found discolored liquid and debris.
The subsequent report said the colonoscopies were done in an environment with inadequate training, lack of supervision and inadequate communication.
In the case settled out of court,a U.S. Army veteran sued for medical malpractice when he became HIV positive after a colonoscopy at the hospital.The victim had asked for $20 million.
Court papers filed argue that the chances that the veteran contracted hepatitis C from the equipment are no more than two in one trillion. Hepatitis C can’t survive outside a human host for more than four days and substantially more than four days had passed between any previous patient with Hepatitis C who had a colonoscopy and the one performed on the victim.
The defendants downplays the seriousness of the illness, asserting that the victim more likely than not will be completely cured of this infection and the plaintiff’s current disease state is minimal, and liver function is normal. Experts agree that the medications becoming available will cure plaintiff of all symptoms.The victim responds that he has fatigue, dry skin, insomnia, hot flashes. He has virus-like symptoms and he worries he may need a liver transplant or get cancer.
The case is based on the assertion that the plaintiff had a blood test prior to his colonoscopy with no sign of hepatitis C. He was notified two years after his colonoscopy at the hospital that he needed to come for testing because the endoscope used in the procedure may have been contaminated and month later he was told he was positive for hepatitis C.
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A settlement has been reached in a malpractice suit brought against a Dr.and Hospital by a woman whose left leg had to be amputated as a result of complications from spinal surgery performed at the hospital. The 63 year old plaintiff reached a $5.25 million settlement with the treating doctor and the hospital according to court documents. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.The suit alleged that the doctor who performed an “anterior transabdominal approach to the lumbosacral spine” on the patient, and the hospital staff that took care of her in the intensive care unit after her surgery failed to properly provide care and treat the victim resulting in the loss of her left leg.

The victim’s attorney stated that her client’s injury was one of the most heinously injured clients that he had ever had and it was amazing that the victim had survived. The doctor who was the hospital’s chief of surgery at the time, is now retired.His attorney,declined comment last week and said he could not comment on the settlement because of a confidentiality agreement. The victim’s lawyer said that she went into the hospital to have an elective back surgery. The doctor who had experience in general surgery, performed the initial portion of the surgery that exposed the spine. That doctor is no longer affiliated with the hospital but at the time his job was to do the vascular surgery. He is not a vascular surgeon. He is a general surgeon.

According to the lawsuit during the patient’s post-operative recovery in the intensive care unit; she suffered intra-abdominal hemorrhaging, post-operative bleeding, abdominal wounds, and other severe complications that the medical staff did not appropriately diagnose or treat, resulting in a gangrenous lower leg condition that required an above-the-knee amputation. The lawsuit alleged that the nursing staff did not properly supervise or monitor her care and, when complications arose, her physicians were not notified promptly so adequate medical interventions could be made.

The doctor was previously disciplined by the state Department of Public Health in relation to an accusation that, he had previously scheduled the repair of a hernia in a woman who had just undergone a Caesarean section but mistakenly performed a minor surgical operation on the wrong side,the lawyer argued in the suit. In that case,the doctor opted against a full hearing to contest the action and signed a consent order related to the facts in the case. He was required to pay a civil penalty of $5,000.

At the time of her planned back surgery, the lawyer said, she was unaware the doctor was to be involved in her surgery until just before the procedure was to take place. He said that denied her an opportunity to check on his credentials, which would have indicated prior medical malpractice complaints. As part of the lawsuit against the hospital, the victim’s lawyer arranged for two independent medical personnel — a 39-year health care administrator and a registered nurse certified in nursing administration — to provide their findings.Their findings alleged the doctor’s surgical procedure prompted complications he did not diagnose in a timely manner.

In addition, the experts deemed the intensive care nurses did not recognize the patient was facing a vascular emergency and failed to promptly notify the doctor of the patient’s escalating complications.
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A Supreme Court jury has awarded a couple $5.5 million dollars against a Hospital for serious pelvic injuries suffered eight years ago during the course of labor and delivery of a 10 pound baby. “This verdict clearly sends the message that hospitals are responsible for the safety of their patients. Those who have suffered an injury caused by hospitals, doctors or nursing homes should not be afraid to ask an attorney to evaluate their claims”. As a Maryland medical malpractice attorney we review and evaluate these cases in detail and hire experts when needed to determine if a cause of action against responsible people could be filed Continue Reading

The patient, a security worker, underwent surgery that addressed an aneurysm of his aorta. The procedure was performed by a cardiothoracic surgeon, at Presbyterian Hospital,During the surgery, the patient sustained damage of his left recurrent laryngeal nerve. The damage causes paralysis of some of his vocal cords. The patient sued the doctor and alleged that he failed to properly perform the surgery.He further alleged that the doctor’s failure constituted malpractice. As a Maryland medical malpractice attorney I personally review all cases alleging medical malpratice and consult with professionals to determine if a cause of action exists.

Plaintiff that the aorta and the left recurrent laryngeal nerve share the same anatomical space. They claimed that the doctor’s records indicated that the doctor initially identified the location of the nerve, but that he subsequently lost awareness of the nerve’s location. They further claimed that the records did not indicate that the doctor demonstrated any resultant degree of extra caution.

The defense’s expert cardiothoracic surgeon contended that neurological damage is a frequent result of surgeries that address the aorta, and he claimed that such damage is most likely when the surgeon is addressing the aortic arch. He contended that the aortic arch was the site of the surgery that the doctor performed. The expert further opined that neurological damage is very likely during surgeries that involve aneurysms of the aorta. He estimated that some 30 percent result in neurological injuries that do not lead to allegations of malpractice.
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Parents saw life seeping out of their toddler’s body during five hours of waiting in a hospital’s emergency room and begged for help, alleges a lawsuit. Medical care came too late,” the suit says. The girl lost parts of her four limbs from a bacterial infection.

The lawsuit filed in Superior Court charges a hospital and various emergency room workers with medical malpractice and negligence in delaying treatment for a toddler, who later was flown to Children’s Hospital for lifesaving care. Streptococcus A had invaded her blood and organs; as a result she suffered amputations of both feet, her left hand and part of her right hand. She is in intensive rehabilitation therapy. “There is nothing we can do to bring back her amputated hands and feet,” said the family’s lawyer. “However, we hope that her lawsuit will convince emergency rooms to do a better job treating our seriously ill children and make health care in our city safer for all of us.”

The parents took their daughter to the emergency room with a persistent fever, skin discoloration and weakness. As they waited five hours, the girl grew visibly sicker, says the lawsuit. The parents repeatedly asked and begged defendants to treat their daughter. Defendants chose not to do so,” until the father forced his way into the medical department and demanded help, the suit says. The hospital “chose to negligently staff, operate and supervise the emergency room,” resulting in disaster for the little girl the suit concludes.

“A hospital is never allowed to needlessly endanger patients,” the attorney said. Doctors at Children’s Hospital said the toddler’s sickness may have been the result of a quirk of genetics. They said they are uncertain whether a quicker response would have saved her limbs. Hospital president and CEO said in a statement: “At our Hospital, patient care and safety is our priority. We were sorry to hear about the eventual outcome for the child and our thoughts and prayers are with her and her family. We are unable to comment on matters of pending litigation.”
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Jurors awarded $10.1 million in damages to the family of an overdose victim hoping the multimillion dollar verdict strikes fear into other “pill mills” that have turned the city into a national hub for prescription drug abuse. “Our verdict shows how much our community is against these pill mills and wants things to change,” said a juror after finding gross negligence led to the overdose death of the victim. Another juror agreed, saying the verdict issued in District Court should discourage others who might be improperly churning out the addictive drugs that killed the plaintiff.

The victim 54, died two days after his only visit to a Medi Clinic where he received a prescription for three potent drugs: hydrocodone, xanax and soma. He had sought help there for chronic pain he suffered from a motorcycle injury and a fall at a petrochemical plant. The clinic’s director had prescribed this same drug combo — known as the “holy trinity” — at least 3,800 times between 2006 and 2007 at more than 17 pain area clinics that he then oversaw, records showed. But his prescription-writing came to an abrupt halt when he was forced to surrender his license to the Medical Board just three days after the victim died.

The Dr. who repeatedly pleaded the Fifth Amendment against self-incrimination during the four-day trial, was found grossly negligent and slapped with the stiffest penalty: $9.05 million. The 72-year-old physician chose not to be present for the reading of the verdict, and his attorney declined comment. The family’s attorney commented on the Dr.s absence: “I don’t think he has any remorse or compassion. The other two defendants expressed their sympathy about my client’s death, but he took the Fifth even on that.”

The federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a child born with neurological damage at Portsmouth Naval Medical Center. U.S. District Judge approved the settlement between the Justice Department and a family in Virginia Beach, according to a court filing made public. The plaintiffs sued the United States early last year, seeking $15 million in damages. The couple alleged that inadequate care at a Naval Medical Center caused their child to be born with developmental disabilities. The government denied any malpractice and admited no wrongdoing in the settlement.

In 2006,the plaintiff checked into the hospital with severe cramping in her lower abdomen. She was 35 weeks pregnant, according to the lawsuit. She was moved to a triage room and connected to a fetal heart monitor, which showed abnormalities indicating the fetus was under stress, the suit says. Instead of notifying a doctor, the papers say, the staff left the patient for more than an hour without any intervention.

About 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section. The doctors determined that the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus, the suit says. The baby girl was born pale and limp, with respiratory failure and a slow heart rate, the suit says. She was intubated and later transferred to Children’s Hospital. The girl’s “neurological injuries are extensive, severe and permanent,” the suit says. “She is severely delayed in all areas of development.” The damage, including cerebral palsy, will be lifelong.

Two doctors and a medical assistant have filed a workplace discrimination lawsuit against a Medical Center, claiming that more than one patient has died there as a result of “substandard care” and that they were ignored or embarrassed, and in one case, terminated, for speaking out. The County Executive said several outside and internal inspectors found “absolutely no evidence” that the patients in question died because of negligence. But he acknowledged that the hospital’s cardiology department is “dysfunctional” because of the many “personality conflicts” and “plethora of he-said, she-said arguments.”

Lawsuit filed Friday in U.S. District Court offers a rare glimpse into the mostly private goings-on in the county-run hospital hallways. Seventy-four pages of allegations paint a one-sided picture of death, backbiting and sexism. The suit was brought by a medical administrative assistant in the cardiology department; a cardiologist; and a chief of cardiothoracic surgery. “This was a last resort,” said the attorney “But the plaintiffs felt this was a moral imperative that they come forward. We have to tell the community what is going on here, that people are dying, and the administration will not change.”

Named as defendants are a chief of cardiology; a chief medical officer; a medical director; and a cardiologist. Among other things, the suit alleges retaliation, discrimination, a hostile work environment, invasion of privacy, slander and intentional infliction of emotional distress.