The family says their doctor never tested for the disease, and had they known about their son's condition, the mother says she would have terminated the pregnancy. They filed a medical malpractice lawsuit against the physician and were awarded an undisclosed amount.
]]> Many states around the country allow parents to sue doctors if they do not provide the family with information about the unborn child's condition. However, some states prohibit wrongful birth lawsuits, and other states are now considering whether to adopt similar laws. In fact, lawmakers in Kansas and nearby New Jersey are considering whether to ban these types of lawsuits.Abortion rights activists are in favor of a ban because it allows doctors to withhold information to prevent women from terminating their pregnancies. However, those opposed to the law say parents have the right to know the condition of their unborn child to prepare for their child's future or to plan for an abortion.
This past year, a couple from Florida was awarded $4.5 million after their son was born with only one limb. In addition, an Oregon couple was awarded about $3 million after their child was born with Down syndrome despite the fact that a prenatal test for the disease came back negative.
Wrongful birth cases can be highly complex. It is for that reason why it is often wise to rely on an attorney's expertise when determining whether to move forward with a lawsuit.
Source: New York Now, "Should Parents Be Able To Sue For 'Wrongful Birth'?" Kathy Lohr, May 15, 2012
]]>In recent news, a federal judge has ruled that a Michigan woman is permitted to pursue a claim that a plastic surgeon used her as a subject in a clinical trial for a liposuction device without her knowledge.
]]> According to reports, a doctor used a device made by the company, Invasix, to perform liposuction on the woman's hips, arms, thighs and stomach. The woman says that without her knowledge, Invasix paid the woman's doctor to test the safety of the device.Invasix BodyTite is a skin-tightening device. The product has not yet been approved by the Food and Drug Administration.
After the surgery the woman complained of "uncontrollable" pain and deformed scars.
Fortunately, a judge recently refused to dismiss the case under the state's Unfair Trade Practices Act and Consumer Protection Law. Under this legal theory, a plaintiff must show that he or she justifiably relied on defendant's wrongful acts or representations and that the person suffered harm as a result of that reliance.
The woman alleges that the doctor failed to warn her of dangers and misrepresented the FDA's approval. He did not warn her that the Invasix Device may cause thermal injury to cells, tissues, lymphatic systems and nerves. Furthermore, harm resulted from the use of the device. As a result, the judge felt that the case was within the ambit of the UTPCPL.
If a court ultimately finds that the doctor was medically negligent, the woman will be able to recover for any damages related to his carelessness.
Source: Courthouse News Service, "Plastic surgeon can't dodge lipo patient's suit," Matt Reynolds, April 23, 2012
]]>A nearby state has designed a program called Disclosure, Apology and Offer. Through the initiative, hospital officials are hoping to cut down on unnecessary tests, create a more open dialogue between doctors and patients and ultimately cut down on medical malpractice disputes.
]]> The hospitals involved in the initiative are Massachusetts General Hospital, Beth Israel Deaconess Medical Center and Baystate Medical Center.Through the initiative, hospitals will be required to promptly disclose any mistakes that negatively impacted a patient and investigate how the mistake was made. If the hospital is found negligent, they would offer an apology to the patient and financial compensation. If patients accept the compensation, they cannot sue the hospital later on.
Patients are allowed to seek legal counsel as they decide whether to accept the compensation. If they decline the financial compensation, they can pursue a lawsuit.
The initiative in Massachusetts began in 2010 after the state was given a nearly $3 million grant. Although it encourages a more honest atmosphere, some question whether it is simply an attempt to cut costs.
It is important for victims of medical malpractice to fully understand their rights. Someone in New York City who believes he or she is a victim of medical malpractice would be wise to consult with an experienced attorney.
Source: Boston Globe, "Mass. Docs eye new approach to malpractice claims," Bob Salsberg, April 18, 2012
]]>In 2009, a baby girl suffered brain injuries at birth. She is now three years old and has cerebral palsy. After her birth, the baby's family sued the doctor who delivered her claiming that the mistakes he made caused her to suffer brain damage. Recently, a jury awarded the family $74 million for the doctor's improper handling of the baby's birth.
]]> Cerebral palsy often occurs when a baby is deprived of oxygen during delivery. Someone with cerebral palsy will often require lifelong medical care. A child may need to work with physical and occupational therapists, speech pathologists and psychologists. With so much care required, medical bills can soon become unmanageable.As evidenced by this family's recent medical malpractice case, families whose children suffer from cerebral palsy due to mistakes made by a physician may be awarded compensation.
New York City residents who believe a doctor's errors caused their child to suffer brain damage would be wise to consult with an experienced medical malpractice attorney. An attorney can investigate the evidence in a case and fight to get families the compensation they deserve.
People rely on their physicians to properly care for them. When a doctor's negligence causes harm to a patient, they should be held responsible.
Source: Cal Coast News, "SLO family awarded $74 million for medical malpractice," April 21, 2012
]]>One couple is holding an entire state responsible for the injuries that the mother and child sustained four years ago during the birth of their son.
]]> According to one source, eight hours after the woman arrived at the hospital she was taken to an operating room for a cesarean section. During the routine procedure, the mother suffered a 3-centimeter laceration on her bladder. She later suffered an infection, bowel obstruction and wound separation. Tests also indicated that the couple's baby suffered a skull fracture and subdural hemorrhage.The couple has filed a medical malpractice lawsuit against the state of Iowa for the negligence of the staff at the University of Iowa Hospitals and Clinics.
Parents dream of giving their children a normal, healthy life. However, birth injuries can cause damage that lasts a lifetime. Fortunately, when a baby is harmed because of medical mistakes, families may be able to pursue legal action through a medical malpractice lawsuit.
New Yorkers who believe their child suffered birth injuries as a result of a doctor's errors would be wise to consult with an experienced medical malpractice attorney. An attorney can investigate a case and fight to get families the compensation they deserve.
Source: The Daily Iowan, "Washington couple sues over UIHC care," March 21, 2012
]]>The incident occurred in 2010. As the woman was lying on an operating room table she began to smell something burning. Her doctor quickly realized that she was on fire. Although the doctor was able to put the fire out with his hand, she suffered a third-degree burn on her side that is 7 inches long and 5 inches wide.
]]> The woman's baby was unharmed. However, the area where she was burned required plastic surgery. She says it still feels numb and sometimes feels like it is going to tear open.The woman believes that doctors and nurses at the hospital failed to take precautions after using an alcohol-based antiseptic on her skin before the surgery. Just a month before the surgery, 3M Company, the maker of the antiseptic, warned hospitals that the solution is flammable but gave instructions on how to prevent surgical fires from occurring.
In many cases, fires can be prevented if the solution is allowed to dry. The solution can start on fire if it soaks into a hospital gown or surgery drapes or if the solution pools somewhere on the patient.
At the time of the fire, the woman's doctor was using an electrical cautery tool. A spark from the tool may have started the fire.
Surgical fires are rare. Of the 50 million surgeries that are performed each year in the United States, only 400 and 600 surgical fires are reported.
According to one source, officials at Crouse Hospital have apologized to the woman. However, her doctor has not yet offered an apology.
Source: The Post-Standard, "Woman's abdomen catches fire during C-section, as surgical tool ignites antiseptic," John O'Brien, April1, 2012
]]>According to reports, the 29-year-old woman went to the hospital for treatment of what she believed was a sprained ankle. She refused to leave the emergency room and was arrested after a doctor said she was healthy enough to be jailed. However, the woman later died in her jail cell. An autopsy revealed that blood clots in her leg had travelled into her lungs.
]]> The woman had apparently run into some tough times. In late 2010, a tornado destroyed her home, soon after that she lost her job. In April 2011, she was arrested for parental neglect after a child welfare official visited her home. Her children went to live with her mother.The 29-year-old woman had sought help at a drop-in center for the mentally ill and was said to be making improvements. She apparently told staff members at the center that she had hurt her ankle. According to one source, the woman visited three hospitals to determine what was causing her leg pain.
The woman's mother wants answers. She wants to know if the hospital or jail contributed to her daughter's death by not giving her proper treatment and care.
The hospital where the woman was arrested says they are not guilty of negligence. Officials say that, in some cases, blood clots can go undetected. According to a statement, hospital officials say staff administered the right tests and followed proper procedures.
It is not clear how this specific case will turn out. However, New Yorkers who believe they are victims of medical malpractice may be awarded compensation. When a medical professional is negligent and causes harm to a patient they should be held responsible.
Source: MSNBC, "Hospital: Mom booted from ER who died in jail was treated appropriately," March 29, 2012
]]>A medical foundation has been found guilty of medical malpractice and ordered to pay $22 million after an unnecessary procedure left a woman paralyzed and confined to a wheelchair.
]]> The woman originally sought treatment in 2006 for migraine headaches. Doctors ordered an angiogram to get a better look at what appeared to be an abnormal vein in the woman's brain. However, when the woman was injected with a blue dye during the procedure she suffered a stroke and fell into a coma for two weeks. When she finally woke up she no longer had use of her arms and legs.It was later determined that the angiogram was an unnecessary procedure and that the abnormal vein in the woman's head had nothing to do with her migraine headaches.
The woman now requires care 24 hours a day. She remains in a wheelchair and even has difficulty speaking. An attorney working on behalf of the woman said she will likely need care for the rest of her life, and the money she will be awarded can be used to pay for that care.
When patients are harmed because of a doctor's negligence, those doctors may face a medical malpractice lawsuit. Anyone who believes they are a victim of medical malpractice may wish to speak with an experienced attorney. An attorney can investigate a case and help victims of medical malpractice get the compensation they deserve.
Source: San Jose Mercury News, "Menlo Park woman receives $22 million medical malpractice verdict," Jason Green, Mar. 21, 2012
]]>The couple already had two healthy children. At age 34 the wife found out that she was pregnant for a third time. At that age, 1 in 250 women will give birth to a baby with Down syndrome. However, a test determined that the mother was at an even higher risk for delivering a baby with the genetic condition.
]]> The couple decided to have their baby tested for Down syndrome. The mother went in for a standard test called the chorionic villus sampling. Fortunately, the test showed that the couple's baby was healthy. However, the couple would find out months later that the test was wrong.A week after the baby was born doctors told the couple that their daughter had Down syndrome. According to the lawsuit, the doctor took a sampling of the wrong kind of tissue during the chorionic villus sampling test.
Although the couple loves their now 4-year-old daughter, they say they likely would have terminated the pregnancy if the test had shown that the baby did in fact have Down syndrome.
The couple originally sought $7 million from the hospital to cover their daughter's care for her entire life. On Mar. 9, the couple was awarded $2.9 million.
People rely on their physicians to give them an accurate diagnosis. People make plans around the information they are given. When that information is wrong, it can completely alter a family's life.
Source: New York Daily News, "Parents win $2.9M for 'wrongful birth'," Meena Hart Duerson, Mar. 11, 2012
]]>When people think of a surgical error they typically think of an organ perforation or a surgeon operating on the wrong organ. However, a doctor using dirty surgical tools on patients is a surgical error that has been getting more media attention in recent weeks.
]]> One man went to the hospital for rotator cuff surgery. He assumed he would begin to feel better within a few weeks. Instead, he began experiencing more pain and it was soon discovered that he had been infected by a dirty surgical tool.Sadly, this does not appear to be an isolated incident. Between 2002 and 2009, more than 10,000 patients became infected after dirty surgical instruments were used on them. Even more shocking, some of the patients contracted HIV and hepatitis B and C.
Some people say the problem stems from the fact that the people cleaning the instruments are not properly trained. In fact, only one state requires workers to be certified. In addition, workers are typically paid minimum wage and are often asked to speed up the process in order to get more people through the operating room.
Additionally, surgical tools are now harder to clean. In the past, tools were made from glass and steal. Today, many tools are made from plastic and tungsten. The tools may appear clean to the naked eye, but may have blood and tissue still stuck on them.
People are often worried about a number of things when they go in for surgery. They should not have to worry about being infected by a dirty surgical tool. However, if someone is harmed because of a dirty surgical tool, they may be entitled to compensation through a medical malpractice lawsuit.
Source: Fox News, "Report: Dirty surgical tools in hospitals putting patients at risk," Feb. 22, 2012
]]>In one instance, a mugging victim was brought to the hospital, but later died from brain injuries. Additionally, two patients died at the hospital when their severe pressure ulcers became infected.
]]> The list of medical mistakes goes on. A patient was apparently given medication that they were allergic to. In addition, a diabetic patient alleges that staff at the hospital allowed a puncture wound to become so infected that they were forced to amputate their toes. A doctor is also accused of causing a baby to suffer permanent brain damage due to errors made during delivery.Brookdale is one of five hospitals in Brooklyn recommended for mergers by state officials. Other hospitals in Brooklyn have dozens of lawsuits pending. However, when compared to hospitals with a similar number of beds, Brookdale University Hospital appears to have the most problems.
"The number of suits against Brookdale is alarming," one state assemblyman said.
People expect to receive quality care when they go to the hospital. Patients are often in a vulnerable state when they arrive, and they assume they will receive proper treatment.
Due to the vast number of lawsuits pending, it appears that staff at Brookdale University Hospital was careless and reckless on many different occasions.
Medical professionals have a duty to provide the best care possible, but when they fail to do that, they may be faced with a medical malpractice lawsuit.
Source: New York Daily News, "'Alarming' number of lawsuits at Brownville's Brookdale University Hospital," Conor Febos and Lore Croghan, Mar. 1, 2012
]]>According to one study, one in six surgeons has a problem with alcohol. Even more shocking, more than 75 percent of the physicians that admitted to making a serious surgical error in the last three months appear to have problems with alcohol.
]]> The study was completed by researchers at the University of Washington. They sent surveys to 25,000 surgeons, but only received responses from slightly more than 7,000. Because the response rate was relatively low, it could mean that many more surgeons have an alcohol problem but are too ashamed to admit it.The study asked surgeons about their work, lifestyle and mood. Researchers are not sure why so many surgeons have problems with alcohol, but it could have something to do with the fact that the job is so demanding. Most of the people that showed signs of alcohol abuse were experiencing depression and burnout.
In total, 15 percent of surgeons appear to have problems with alcohol. In the general public, about nine percent of people have issues with alcohol.
Of the surgeons surveyed, about 14 percent of men and about 25 percent of women appear to show signs of alcohol abuse.
This kind of news is startling. When people go in for surgery, they put their lives in the hands of a surgeon. People expect that their surgeon will give them the best care possible, but this study proves that may not always be the case.
Source: Reuters, "Alcohol problems not uncommon among surgeons: study," Kerry Grens, Feb. 22, 2012
]]>The 32-year-old mother went to a hospital looking for psychiatric help, but was turned away because she is an illegal immigrant and did not have the proper paperwork. She later drowned her one-year-old daughter and attempted to drown her five-year-old daughter.
]]> In the weeks before the tragedy, the woman's family members noticed that she was depressed. At one point, the mother of two asked a relative to care for her children in case anything happened to her.The mother was arrested and is currently being held on suspicion of murder and attempted murder.
This story illustrates how serious depression can be and how important it is for people to get the help that they need. Although surgical mistakes and misdiagnosis are common forms of medical malpractice, denying someone medical care is blatant negligence.
People go to the hospital for help and assume they will be able to get the care that they need, but that may not always happen. When a doctor or other hospital staff member is negligent, they should be held accountable.
The family may be awarded compensation to help pay for funeral expenses and medical bills. Although no amount of money can bring back the little girl, the family may feel justice has been served if the hospital is held responsible for their inaction.
Source: Los Angeles Times, "Drowned girl's mom sought mental help, was rebuffed, relative says," Feb. 16, 2012
]]>The incident occurred in nearby Irvington, New Jersey. The boy's mother took him to the Dental Health Associates to have his cavities fixed. He was given a local anesthetic and was restrained in a papoose or cocoon like apparatus to limit his movements. The boy stopped breathing at some point during the procedure. He was taken to a local hospital, but he later died. Is this medical malpractice or just a terrible tragedy?
]]> The mother of a six-year-old girl who died under the same dentist's care does not believe the two deaths are a coincidence. Although the young girl had other medical conditions and a medical examiner declared she died of natural causes, the Board of Dentistry filed a complaint against the dentist in 2008.In 2010, a judge found that the dentist was not negligent, but the board suspended the dentist for three months and put him on probation for 21 months. He was still on probation when the latest death occurred.
The dentist in question is being investigated by the Division of Consumer Affairs, and the attorney general's office may also be involved if it is determined that criminal charges will be brought against the dentist.
In addition, the families of the two victims may wish to file a medical malpractice lawsuit against the dentist in question if it is determined that he acted negligently and contributed to the deaths of the two young people.
Source: The Star-Ledger, "Irvington dentist probed after 2nd child dies in his care," Feb. 15, 2012
]]>Doctors may misdiagnose a patient's condition because they misread slides or scans or because they do not use the latest technologies. In some instances, doctors may be so sure of their original diagnosis that they ignore signs of another condition. To avoid these kinds of potentially fatal mistakes, some suggest that patients seek out a second opinion.
]]> The vice president of medical operations at one hospital says as many as 25 percent of cancer patients who arrive at their facility receive a different diagnosis. Some of those patients even begin a completely different treatment.Another medical facility found that about half of patients diagnosed with chronic obstructive pulmonary disease had previously been told that they suffered from asthma and were receiving improper treatment.
Although some health insurance companies require patients to seek a second opinion, one doctor warns that not everyone needs a second opinion. He warns that patients could easily become overwhelmed if they begin seeking opinions from various different physicians.
Despite that warning, mistakes do happen and patients want to be sure they are receiving the best care possible. A radiologist at Johns Hopkins Hospital says that he and other staff members within his department see misdiagnoses about eight percent of the time.
Although people want to believe that their doctors are giving them the best care possible, mistakes happen. In some cases, those mistakes can cost a person their life. But by being proactive and seeking a second opinion, patients may be able to begin receiving proper treatment in a more timely fashion.
Source: The Wall Street Journal, "What if the Doctor Is Wrong?" Laura Landro, Jan. 17, 2012
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