Charlotte Personal Injury Lawyer - Medical Malpractice

Woman Awarded $2.4 Million for Sponge

Shannon Weidemann — Thu, 04 Oct 2007 22:33:00 GMT

A woman underwent a c-section and the doctor performing the operation left a surgical sponge inside her body. The sponge was not discovered until two weeks later and now the woman cannot have any more children. She sued her doctor and the hospital for medical malpractice. A jury awarded the woman $2.4 Million after finding them negligent. The woman was in and out of the hospital following her c-section while doctors tried to determine why she was ill.

Chambers returned to the hospital Sept. 19 and got an X-ray.
A radiologist spotted a foreign object and reported it, but there was a ''breakdown in communication,'' Johnstone said.
On Sept. 22, the foreign object showed up again, this time in a CAT scan. It was a foot-long sponge left in her pelvis. The material caused an infection in the abdomen and uterus.

The woman had a second surgery to remove the sponge. She is still suffering complications from the sponge and the infection that it caused.

If you would like to read more about medical malpractice, please visit InjuryBoard's Medical Malpractice information page.

Originally posted at InjuryBoard by Shannon Weidemann

West Virginia Woman Sues for Medical Malpractice

Shannon Weidemann — Sun, 12 Aug 2007 21:09:28 GMT

A woman from Mercer, West Virginia is suing a doctor, physician's assistant and hospital for medical malpractice. She had surgery at Greenbrier Emergency Services and returned the month after she was discharged with an illness. She claims that she was sent home without a proper diagnosis.

Baker returned to the hospital Nov. 14 in acute respiratory distress and was placed on ventilation support and lifeflighted to Roanoke Memorial Hospital, where she remained on a ventilator and was hospitalized for an extended period of time due to a severe respiratory infection, the suit says.

The plantiff is asking for over $300,000 in damages to pay for her medical treatment and lost wages. He husband is also named as a plantiff in the lawsuit.

For more information on this subject matter, please refer to the section on Medical Malpractice.

Originally posted at InjuryBoard by Shannon Weidemann

Medical Malpractice Trial Begins Over Gastric Bypass Surgery

Shannon Weidemann — Mon, 16 Jul 2007 15:51:22 GMT

Notre Dame's football coach is back in court for the second trial involving the medical malpractice case he filed against two doctors. He had surgery in 2002 for a gastric bypass. There were complications that required a second surgery and put him into a coma.

In opening statements to the jury, Weis's lawyer, Michael Mone, said the doctors acted negligently by allowing Weis to bleed internally for 30 hours after the surgery before performing a second operation to correct the complication. Weis was in a coma for two weeks and nearly died.
But William Dailey Jr., a lawyer for Ferguson and Hodin, said internal bleeding was a well-known complication of gastric bypass surgery. Dailey said Ferguson, Hodin and several other doctors who cared for Weis believed the bleeding would stop on its own, as it does in most cases following such surgery.

The first trial ended in a mistrial. Weis's attorney claims he still suffers damage from the surgery.

Originally posted at InjuryBoard by Shannon Weidemann

California Man Awarded $11 Million in Medical Lawsuit

Shannon Weidemann — Sat, 23 Jun 2007 14:38:50 GMT

A man went to a Mission Viejo hospital in 2004, was misdiagnosed and later suffered a stroke. He was awarded $11.7 Million by a jury in the medical malpractice case he brought against the doctors who treated him. He had an infection that spread to his brain and caused the stroke.

When Crumes went to the emergency room at Mission Hospital, he told doctors that in 1993 he was operated on for cancer in the right sinus area. During that operation, doctors removed a tumor, as well as his right eye and a portion of his sinus cavity.
Spradlin said Lawson ordered a CT scan, but Crumes ultimately was sent home with a painkiller and orders to seek further treatment if his condition worsened.

The man spent 11 months in the hospital recovering. His lawyer argued that if the original infection had been detected he would not have had the stroke.

Originally posted at InjuryBoard by Shannon Weidemann

Mississippi Appeals Court Upholds Medical Malpractice Award

Shannon Weidemann — Sat, 26 May 2007 18:52:53 GMT

The family of a woman that died from complications of a Caesarean section performed at the University of Mississippi Medical Center was awarded $534,000 in a medical malpractice lawsuit. The hospital appealed the decision to the Mississippi State Appeals Court.

Easter died on August 22, 1999 at Leake County Hospital after experiencing trouble breathing.
An autopsy showed she suffered from bronchopneumonia.

The medical malpractice lawsuit claimed that the hospital did not diagnose the victim's pneumonia before she left the hospital. The State Appeals Court upheld the award amount.

If you or a loved one has been the victim of medical malpractice and you would like to speak with an attorney, please use the contact form on the right.

Originally posted at InjuryBoard by Shannon Weidemann

Virginia Bill May Require Medical Malpractice to be Posted Online

Shannon Weidemann — Tue, 27 Feb 2007 15:48:36 GMT

The Virginia State House and Senate are working on versions of a bill that would require medical malpractice suits against doctors be published online for the public to view.

Before going under the knife or just in for a routine checkup, patients might like to know if their doctor has a propensity for mishaps. After all, a small percentage of doctors are repeat offenders who generate a majority of malpractice payments. Patients understandably might wish to stay away from them.
The bill making its way toward law would ensure patients have access to that critical information. A Web resource would list medical malpractice judgments and settlements within the last 10 years, as well as disciplinary actions.
One argument against providing such information is that patients do not have the medical training to judge the outcomes of alleged bad doctoring. It's a legitimate concern, but more data is almost always better than less. Patients who see a decision against their doctor can discuss it with him to clarify the situation.

This may be a valuable tool for patients on choosing a doctor. It could also help foster honest discussions between doctors and patients.

Originally posted at InjuryBoard by Shannon Weidemann

FDA Issues Guidelines to Prevent Hospital Bed Entrapment

Staff Writer — Thu, 03 Aug 2006 09:40:52 GMT

Earlier this year the Food and Drug Administration issued long overdue guidance to the healthcare industry to reduce the risk of hospital bed entrapment. The FDA has identified over 400 deaths from this serious problem since 1985, although there is reason to believe this figure underestimates the true number of deaths. View the FDA press release here.

While these numbers appear small, we believe they are signals about significant adverse events. Often, adverse events such as these go unreported to the FDA making it likely our counts of these tragic adverse incidents is lower than the number that actually occurs. - Larry Kessler, Sc.D., Director, Office of Science and Engineering Laboratories, FDA's Center for Devices and Radiological Health

Those especially at risk include the critically ill and elderly in hospitals and nursing homes. Once a patient's head, neck or chest becomes trapped they can suffocate, leading to hypoxia, brain injury and death. The FDA's final guidance for industry, along with other documents to help patients and their families can be found on the FDA website.

Originally posted at InjuryBoard by Staff Writer

Soaring Profits for State's Largest Malpractice Insurer

Staff Writer — Fri, 23 Jun 2006 09:45:12 GMT

North Carolina's largest medical malpractice insurer saw its 2005 profits from premiums increase by 224 percent, according to a recent article. During the same year the combined pay for the top two executives at the company approached $1.5 Million. Meanwhile, the premiums Medical Mutual has charged its physician-insureds have risen by a combined average of about 45 percent over the last five years.

Medical Mutual's profit from premiums rose from about $2.1 million in 2004 to more than $6.7 million in 2005. Triangle Business Journal, 6/18/2006

The new profit figures from Medical Mutual do not support claims of a 'medical malpractice crisis'. Nor does the news from self-insured University of North Carolina Healthcare that it is reportedly expecting an 8 percent decrease in malpractice costs for fiscal year 2007, following a 2 percent decline this year, help so-called tort reformers paint a convincing picture of an out of control system civil justice. These reports seem to be part of a larger trend around the country.

Originally posted at InjuryBoard by Staff Writer

Expert Witness Vindicated by North Carolina Appeals Court

Staff Writer — Wed, 07 Jun 2006 16:27:12 GMT

The North Carolina Court of Appeals has reinstated the medical license of a Miami, Florida neurosurgeon who had been disciplined by the North Carolina Medical Board for his testimony on behalf of the plaintiffs in a medical malpractice case. The court's decision reversed the findings of the Board and the Wake County trial court, both of which had decided that Dr. Gary Lustgarten's North Carolina license should be revoked.

Doctor Lustgarten had testified in a pretrial deposition that the care of a patient by two neurosurgeons was below the standard of care, and that based upon the facts of the case he had difficulty believing the accuracy of one of the entries in the medical record made by one of the defendant neurosurgeons. The Medical Board later charged that Dr. Lustgarten had misrepresented the standard of care and testified without evidence that one of the doctors falsified the medical record to protect his partner.

...Dr. Lustgarten had a good faith basis for making the statement for which the Medical Board seeks to impose discipline. N.C. Court of Appeals

This is a great victory for patients and families of those who have been injured or killed as the result of medical malpractice. Many doctors feel that the Medical Board's actions, and others like it around the country, are but one of many tactics by the medical profession to intimidate physicians who are willing to stand up for patients who have been injured at the hands of another healthcare provider.

Originally posted at InjuryBoard by Staff Writer

Do You Really Need That Invasive Procedure?

Staff Writer — Fri, 02 Jun 2006 12:10:46 GMT

Consumer Reports offers a list of 12 invasive surgeries you may be better off without - meaning there may be safer, successful alternatives. Among them, weight-loss surgery, hysterectomy, and wisdon tooth extraction.

Such overuse typically arises when surgeons don't keep up with the research and either perform discredited operations or do proven procedures in inappropriate patients, embrace cutting-edge approaches before their safety and efficacy are proved, and recommend an unproven procedure without describing the other treatment options.

Originally posted at InjuryBoard by Staff Writer