Saturday, 24 of June of 2017

Tag » doctor

$500 Million Jury Award For Nevada Malpractice Case

By Richard Shapiro, VA/NC Medical Malpractice Attorney

A Nevada medical malpractice case against UnitedHealth and a shoddy medical clinic that infected patients with Hepatitis C, culminated in a massive $500 million punitive damage award. To learn more, read the full story here…

Med Mal Case Against UnitedHealth Group Ends With Half A Billion Punitive Damage Award

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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.


Study Reveals Hospitals Stand To Profit Following Medical Complications

By Randy Appleton, VA/NC Medical Malpractice Attorney

What Happened:

A recently published study in the Journal of the American Medical Association found that doctors and hospitals stand to benefit when surgeries go awry. The results showed that medical providers stand to make substantially more money in cases where surgical complications have arisen than in those cases that go as planned. The authors of the piece, all doctors from Harvard Medical School, found that surgical complications increase a typical procedure’s average contribution margin by 330 percent for privately insured individuals and 190 percent for Medicare patients.

The data was collected by combing through records for more than 35,000 surgeries that were conducted at a major hospital in the Dallas area. The results of the surgeries were then linked to hospital bills and the results surprised even the study’s authors. A typical surgery with a privately insured patient yields a profit of slightly less than $17,000. If a surgical complication were to occur, the profit margin would jump to $56,000. For Medicare patients, profits in routine surgeries average $1,900 and jump to $3,300 in the event of a complication.

The authors of the study first got the idea to explore the issue after puzzling over why some hospitals were so reluctant to implement even small changes that had been shown to lead to large reductions in medical errors. The authors wondered whether money might play a role in the decision-making process and were dismayed to find such a powerful connection between profits and patient harm.

The study concluded that the insurance payment system in the country is broken; that paying doctors for the number of procedures performed without taking into account the success rate of the operation is a mistake. The authors suggest that to begin incentivizing medical providers to lower complication rates, insurers should tie their payments to surgical success rates. The goal, according to the study’s authors, is to more effectively tie payment to medical value, ensuring that doctors and hospitals are not rewarded for harming a patient’s health.

The Virginia Injury Attorney’s Perspective: 

Though most surgeons are highly skilled and work hard to do a good job each and every time, mistakes happen that can leave patients seriously injured or even dead. According to statistics from the Institute of Medicine, 98,000 patients die each year due to medical mistakes and costly surgical complications, a far higher figure than should be acceptable.

If you or a loved one has been the victim of a surgical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer for this type of medical malpractice lawsuit. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients. 

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) 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.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a video explaining some of the common medical errors that can occur during surgery:

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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.


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 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.


Delayed Lung Cancer Diagnosis Leads to Large Settlement

By Jim Lewis, Medical Malpractice Injury Lawyer

A 27-year-old man died from lung cancer. A diagnosis he did not receive until 2008, despite the cancerous mass being noticeable on an x-ray in 2006. The victim’s family recognized that this delayed diagnosis played a part in the victim’s tragic death. They filed a medical malpractice lawsuit and were able to secure a sizable settlement. To learn more, read the story here…

$1.25 Million Settlement for Delayed Lung Cancer Diagnosis Victim

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.

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Oxygen Deprivation Injury at Birth: A Virginia Medical Malpractice Lawyer Discusses the Dangers

By Mark Favaloro, Birth Injury Attorney in Virginia

Has your child suffered a permanent, disabling injury due to oxygen deprivation at birth? Unfortunately, this type of injury is all too common. An attorney with Shapiro, Lewis & Appleton has written this informative article: “Oxygen Deprivation at Birth Can Lead to Life-Altering Injuries for the Child.”

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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.”

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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.


Bowel Perforation Injury Info

Complications from a nicked bowel can be excruciating, and some patients must wear colostomy bags for months while recovering.

By Shapiro, Lewis, Appleton and Favaloro, Surgeon’s Mistake Victim Attorney in Virginia

An attorney with the Shapiro, Lewis & Appleton law firm has published an article on cut bowel injuries stemming from careless medical errors. The complications a patient can suffer from a nicked bowel are excruciating. Some patients even have to wear a colostomy bag for months in order for the perforation to hear properly. To learn more, check out “Bowel Perforation During Surgery Can Cause Life-Altering Complications.”

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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 John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Medical Malpractice Database Reopened to the Public With Restrictions

Under a new data use agreement, publicly available information from the National Practitioner Data Bank cannot be reposted or used in combination with other information to identify a doctor.

By Jim Lewis, Virginia Medical Malpractice Attorney

Our firm recently expressed concerns about the decision of a federal agency to remove a public database that allows citizens to find medical malpractice lawsuits brought against doctors.

It’s only right that the federal Health Resources and Services Administration has now reopened public access to information on malpractice settlements and disciplinary action taken against poor performing doctors, but there are still access concerns.

The database is still not as open as it was in the past. Under a new data use agreement, publicly available information from the National Practitioner Data Bank cannot be reposted or used in combination with other information to identify a doctor, FederalTimes.com reports.

The online public file was removed on September 1, 2011, after a Kansas City Star reporter used information to track down the identity of a doctor with a long record of malpractice cases against him but was never disciplined by the state. Under the new arrangement, if HRSA learns data has been used to identify a doctor, it will ask that the data be returned, according to HRSA Administrator Mary Wakefield.

As experienced Virginia medical malpractice attorneys, my colleagues and I are concerned by any move to prevent individual doctors being identified by patients who could end up as victim. Recently, we noted how for more than a quarter century this data bank used by insurers, medical boards and hospitals to find out if a doctors have been disciplined or had medical malpractice awards against them has been accessible to the public as well as the media. It’s regrettable that in an era of more advanced information technology, patients should end up with less.

Access to medical malpractice lawsuits against doctors could help avoid some of the harrowing cases we deal with. For instance, attorneys with our firm have represented clients such as a 61-year-old Virginia woman in a case heard in the Newport News Circuit Court who lost both of her legs after botched back surgery. The case settled for $1.25 million.

When doctors make mistakes, the consequences can be very serious. It’s only right for the public to know of their past mistakes before opting for surgery.

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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.


West Virginia Couple Sue Doctor for Failure to Diagnose Skin Cancer

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

A couple from West Virginia (WV) has launched a medical malpractice lawsuit against a physician who they say failed to diagnose and treat the wife’s skin cancer despite receiving reports of and observing obvious symptoms such as a  rash, lesion and pain. Court paper filed in Kanawha County claim the doctor “ acted negligently, carelessly, willfully and wantonly or with a reckless disregard of risk of harm and caused her injury.”

The couple are seeking compensatory and punitive damages.

As experienced Virginia (VA) medical malpractice attorneys, my colleagues and I are acutely aware how a doctor’s negligence and failure to diagnose a condition can cause serious problems for patients. For instance, we recently reported that a Florida (FL) woman received a settlement after three doctors failed to detect an infection that eventually laeft the woman paralyzed. We also reported on the  case of a 4-year-old girl from Scottsville, VA, who died following kidney surgery when doctors, for 16 hours, failed to resolves her breathing problems.

In a 1999 case we represented the estate of a retired  56-year-old FBI agent. Despite complaining to his doctors of chest pains, he was sent home where he died from a burst aorta. An autopsy revealed that the artery had been dissected for as long as 6 days before the man sought treatment. A jury awarded $700,000 to the family.

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About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on 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 for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.