Thursday, 19 of October of 2017

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Medical Negligence Led to Birth Defects and Malpractice Suit

By Mark Favaloro, Virginia (VA) Personal Injury Lawyer

On a day that is supposed to be filled with joy and happiness one family suffers heartache and dismay when an obstetrician made an error in judgment and put a baby’s life at risk. To read the full story, follow the link to “Medical Negligence Led to Birth Defects and Malpractice Suit”

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

 


Family of Boy Permanently Disabled by Drug Pump Malfunction Receives $24.2M Malpractice Award

The family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement and because of a complicated system of damage caps.

By Mark Favaloro, Surgical Error Victims’ Attorney

When an electronic I.V. drug infusion pump malfunctioned at a Louisiana (LA) outpatient surgery clinic and flooded the body of a 3-year boy with the adrenalin-like medication epinephrine, the child went into cardiac arrest. The resulting lack of blood flow and oxygen to his brain (i.e., hypoxia) left him permanently disabled.

Six years later, the injured boy’s mother won a $24.2 million jury award against the companies that made the infusion pump and the health care facility where the surgical error occurred. NOLA.com has explained, however, that the family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement for a confidential sum before the medical malpractice trial began. The award will also be reduced because of a complicated system of damage caps put in place by the state government and administered by a group called the Louisiana Patients Compensation Fund.

 

 

The Virginia Medical Malpractice Lawyer’s Perspective

Even though I practice medical malpractice and surgical error law primarily in Virginia (VA), I’m writing about this Louisiana case because it illustrate how complicated holding defective medical equipment manufacturers and negligent hospitals and clinics can be.

This family filed claims against two corporations, a health care facility, the company that sold the malfunctioning machine and the representative who serviced the device and other defendants. Even after confronting and succeeding against each of those parties’ defense lawyers, the family, whose son will require an estimated $20 milling in lifetime medical and personal care, then had to navigate a state system stacked against medical malpractice plaintiffs.

I congratulate the attorneys who battled on behalf of the injured boy and his family.

Potentially Helpful Info

If you or a family member has been harmed by a surgical error, you can begin to learn about your legal rights and options for holding the responsible parties accountable by downloading this free report written by medical malpractice lawyers.

Have Questions? Check out Our Firm’s FAQs.

You can learn more by reading through this online library of attorneys’ answers to frequently asked questions regarding medical malpractice and surgical error lawsuits.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

 


Misdiagnosis of Neck Injury Leaves Man Permanently Paralyzed

Jurors awarded the man a medical malpractice judgment of $15 million.

By Shapiro, Lewis, Appleton and Favaloro, Medical Malpractice Attorney in Virginia

A Colorado (CO) man who went to the hospital complaining of neck pain and numbness in his arms and legs was told by a doctor that he suffered from a neck strain and was sent home with medications and instructions to rest. In actuality, the man had a herniated disc that was pressing against his spinal cord so severely that emergency surgery was required.

Within hours of leaving Memorial Hospital in Colorado Springs, the man became permanently paralyzed from the chest down. After hearing evidence of the doctor’s misdiagnosis and the man’s injury and need for lifelong medical and personal care, jurors awarded the man a medical malpractice judgment of $15 million. The owner of the hospital and the doctor whose mistake that harmed the man were ordered to pay the award.

 

The Virginia Medical Malpractice Lawyer’s Perspective

My medical malpractice attorney colleagues and I practice in Virginia (VA), so it may seem out of character to report and comment on a case from Colorado. What caught my eye, though, was how badly the doctor misdiagnosed the neck injury when first seeing the man who became paralyzed. Diagnosing a herniated disc in the neck or anywhere along the spine can be as simple as taking and examining a few x-rays.

I do not have access to all the medical evidence presented during the medical malpractice trial. Having been involved in similar back injury and misdiagnosis cases, however, I know that showing the doctor was negligent in not ordering and waiting for the results from x-rays and other imaging tests would go a long way toward making the plaintiff’s case.

Potentially Helpful Info

If you or a member of your family has been harmed by a doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

Learn more by reading through this online library of attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

 


Family Receives $21M Award After Botched Delivery Left Son With Cerebral Palsy

The total represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering.

By Mark Favaloro, North Carolina Birth Injury Attorney

A family who argued that their now-9-year-old son developed cerebral palsy as the result of a botched delivery at a Baltimore, Maryland (MD), hospital won a $21 million civil jury birth injury award on August 1, 2012.

Evidence presented during trial by attorneys from the law firm Wais, Vogelstein & Bedigian convinced jurors that doctors and nurse committed errors in not detecting that the baby was deprived of oxygen while his mother was in labor. Standard practice calls for performing an emergency Caesarean section when hypoxia occurs.

The award represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering. Maryland state law requires the judge to cap the noneconomic compensation at $650,000.

The North Carolina Birth Injury Lawyer’s Perspective

Cerebral palsy, or CP, is a brain injury that often develops when a baby’s oxygen supply is cut off during labor and delivery. The physical and mental effects of the condition vary by individual from barely noticeable to profoundly disabling. For the boy in Maryland, having CP means he is confined to a wheelchair, has only limited control of his arms and hands, and is in full command of his mental faculties. As one of the child’s legal representatives described the boy’s situation, his mind is “literally trapped inside his body.”

The defense team has denounced the jury’s decision as inexplicable and promised to appeal. As a longtime personal injury attorney whose Virginia (VA) firm has represented many families whose children suffered birth injuries, I hope the appeal never materializes. Nothing can restore the health and function the boy in Maryland should have enjoyed. The monetary award at least provides him and his parents financial security and the means to meet his physical and medical needs now and in the future.

Potentially Helpful Info

If you are a parent whose child has been injured due the negligence, recklessness or willful actions of another person, you can begin to learn about your legal rights and options for claiming compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

My firm also maintains an extensive online library of lawyers’ answers to frequently asked questions regarding medical malpractice, surgical error and birth injury cases.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Family Denied Fair Compensation After Son Has Arm Permanently Paralyzed During Birth

Jurors specified that $20 million was due for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

By Rick Shapiro, Birth Injury Attorney in Virginia

When a doctor assisting with the delivery of a boy in Greenbelt, Maryland (MD), twisted and applied undue force on the baby’s neck after the head emerged from the birth canal, the newborn sustained nerve damage that left his left arm permanently paralyzed. The damaged arm is also visibly shorter and less developed than the other one.

Six years after the botched delivery caused the boy the irreversible condition called shoulder dystocia, his parent succeeded in winning a $20.9 million civil jury award. Jurors specified that $20 million of the judgment represented compensation for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

The Virginia Birth Injury Attorneys’ Perspective

The family’s medical malpractice attorney, George S. Tolley III, told Maryland Lawyer that lowering the family’s noneconomic damage award was unjust. Because the boy will struggle all his life with an injury a more gentle or attentive doctor could have prevented, reducing the pain and suffering award to comply with an arbitrary cap treats the child unfairly.

I’ve argued elsewhere that caps on personal injury and medical malpractice awards violate plaintiffs’ constitutional rights. On July 31, 2012, the Missouri Supreme Court agreed with that conclusion, ruling that a 2005 state “law violated the right to a jury trial granted by the state constitution by capping noneconomic damages at $350,000 in lawsuits alleging that health care providers were at fault for injuries or deaths.”

Virginia recently raised its cap on noneconomic, pain and suffering awards, and several other states have revised or eliminated limits on jury awards. It may be too late for the boy with the paralyzed arm and his family, but I hope Maryland will soon remove its own unjust, unconstitutional malpractice cap.

Potentially Helpful Info

If you or a family member has been injured, paralyzed or made sick by a surgical error or a doctor’s negligence, you can begin to learn about your legal rights and options for pursing compensation by downloading this free report.

You can read about how lawyers with my Virginia-based personal injury law firm have helped families of children who suffered shoulder dystocia by clicking here.

Have Questions? Check Out our Firm’s FAQs.

You can find an extensive library of attorneys’ answers to frequently asked questions about medical malpractice, birth injury and surgical error cases.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Medical Malpractice Lawyer Shares Shocking Info about Retained Surgical Instruments

By Shapiro, Lewis, Appleton and Favaloro, Medical Malpractice Injury Lawyer

Many people think that a surgeon is duty-bound to state in the operation report if a surgical item was broken off or simply left inside a patient’s body. Wrong. There are no mandatory reporting requirements in operative reports about such incidents in Virginia and many states.  If a patient suffers complications, it’s basically a hide & seek game.  To learn more, read the story here…

“Hide & Seek” When Surgical Tools or Devices are Left Inside Patients

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Medical Malpractice Injury Lawyer in Virginia Writes About Missed Cancer Diagnoses Cases

A missed or ignored diagnosis qualifies as medical malpractice.

By Rick Shapiro, Medical Malpractice Lawyer in Virginia

Many people ask my law firm colleagues and I if a missed diagnosis qualifies as medical malpractice. In part to answer this question, an attorney with Shapiro, Lewis & Appleton has published an article highlighting jury awards and settlements for patients who were misdiagnosed or had a diagnosis overlooked by a doctor or medical professional.  Check out “Virginia (VA) Medical Malpractice Attorneys Discuss Misdiagnosed or Failure to Diagnose Cancers, Missed Cancer.”

PA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Doctors Who Make Mistakes Often Ordered to Complete Continuing Medical Education

CME is being assigned as a disciplinary measure instead of license revocation.

By Jim Lewis, Carolina Medical Malpractice Attorney

My colleague Emily Brannon wrote recently on our firm’s Carolina personal injury website that continuing medical education, or CME, courses may prevent doctor misconduct leading to medical malpractice claims. Emily also notes that CME is being assigned as a disciplinary measure instead of license revocation.

LC

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Cooper, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Virginia Psychiatric Hospital Settles Wrongful Death Suit for $800,000

Plaintiff Alleged that the Hospital Breached its Standard of Care Which was a Cause of the Decedent’s Suicide

By Jim Lewis, Virginia Medical Malpractice Attorney

My colleague Randy Appleton recently posted a blog on our firm’s Virginia personal injury website about a recent $800,000 settlement reached with a psychiatric hospital after one of its patients committed suicide.  The man’s survivors argued that the standard of care was not met for the patient. These stories are so sad. Our deepest sympathies go out to the family and friends of the man who lost his life.

OEA

About the Editors: The VA-NC medical malpractice attorneys at  Shapiro, Cooper Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia (VA) and Carolina (NC/SC). Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see our medical and doctor malpractice track record of success. Be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor which fewer than 5 percent of outstanding lawyers receive.


Admitting Medical Errors Can Improve Patient Safety

The American Academy of Pediatrics is encouraging its members to admit errors, assess mistakes and take lessons from what was done wrong.

By Randy Appleton, Carolina Medical Malpractice Attorney

My colleague Jim Lewis wrote recently on our firm’s Carolina personal injury attorneys’ website that a new policy statement from the American Academy of Pediatrics encourages pediatricians to promote safety when providing patient care by admitting mistakes, and then assessing errors to learn from them.

LC

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Cooper, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.