Saturday, 24 of June of 2017

Tag » Favaloro

Virginia Assisted-Living Home Operator Has License Revoked for Neglecting Residents

The owner of Oakwood Assisted Living in Suffolk, Ashwood Assisted Living in Hampton and Madison Retirement Center in Williamsburg, VA, has been sanctioned.

By Shapiro, Lewis & Appleton, Nursing Home Neglect Victims’ Attorneys

In a new blog post to our Virginia personal injury lawyers’ website, attorney Mark Favaloro comments on sanctions state regulators took against the owner of Oakwood Assisted Living in Suffolk, Ashwood Assisted Living in Hampton and Madison Retirement Center in Williamsburg, VA. To read more, click over to “Neglect of Residents Leads to Revocation for Virginia Assisted-Living Homes Operator.”

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, Failure to Treat Heart Attack Results in $126M Medical Malpractice Award

Evidence presented during trial convinced jurors that three doctors at A.O. Fox Memorial Hospital in Oneonta, NY, missed obvious signs of cardiac arrest.

By Mark Favaloro, Medical Mistakes Victims’ Attorney

A woman in Oneonta, New York (NY), who went more than day in a hospital without being accurately diagnosed or treated for the heart attack she was suffering has won a $126 million medical malpractice award from a civil trial jury. Evidence presented during trial convinced jurors that three doctors at A.O. Fox Memorial Hospital missed obvious signs of cardiac arrest and failed to treat the woman with medications and surgical interventions that would minimize damage to her heart.

The woman is now unable to train horses as before and is dependent on a defibrillator. She will eventually need a heart transplant.


View Larger Map

 

The Virginia Medical Malpractice Lawyer’s Perspective

Doctors and hospitals cannot be held to a standard of perfection. But when they fail to detect or ignore signs and symptoms of a life-threatening health condition that they should have spotted, the people and institutions that made the diagnostic errors must be held accountable for a patient’s injuries or loss of life. My Virginia-based medical malpractice colleagues and I have represented many misdiagnosis victims, and each case highlighted how much patients depend on physicians getting a diagnosis correct and acting quickly to treat problems.

The hospital named as the defendant in the New York failure to diagnose lawsuit has promised to appeal the jury’s verdict. Considering how much the woman lost when doctors did not identify and work to resolve her heart attack, I hope the award is upheld by a higher court.

Potentially Helpful Info

If you or a member of your family has been harmed by a misdiagnosis, you can download this free report to begin learning about your legal rights and options for seeking compensation for personal injuries, lost wages and additional medical expenses.

Have Questions? Check Out Our Firm’s FAQs.

You can learn more by reading through our online library of lawyers’ answers to frequently asked questions about 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.


Adult Care Homes in Hampton, Williamsburg Cited for Neglect of Residents

Patients at Ashwood Assisted Living and Madison Retirement Center may have been harmed.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Nursing Home Neglect Lawyer

In a new blog post to our Virginia personal injury attorneys’ website, my colleague Mark Favaloro reports on an ongoing investigation into patient and resident neglect and abuse at Ashwood Assisted Living and Madison Retirement Center. To read more, click over to “Hampton, Williamsburg Long-Term Care Facility Operators Lose Licenses.”

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.


Cerebral Palsy Due to Birth Injury Results in $103M Jury Award

The girl was left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery.

By Shapiro, Lewis, Appleton and Favaloro, Birth Injury Attorney in Virginia

In a new blog post to our Virginia personal injury lawyers’ website, attorney Mark Favaloro reports on a major jury award to a girl left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery. To read more, click over to “Birth Injury Resulting in Cerebral Palsy Results in $103M Malpractice Award.”

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 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.

 


Learn How a Life Care Plan Can Have a Major Impact on Your Medical Malpractice Claim

By Jim Lewis, Medical Malpractice Attorney

A life-care plan was a key component to a judge’s decision to award $5.3 million to the family of a victim who suffered a brain aneurysm after multiple visits to a Veterans Affairs Medical Center. Our firm explains what exactly a life care plan is and why it can be helpful during litigation. To learn more, read the story here…

5.3 Million Dollar Medical Malpractice Verdict Shows Importance of Life Care Plan

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 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. 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.

PA


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.


Fatal Nursing Home Fall Results in $1.5 Jury Award to Victim’s Family

By Shapiro, Lewis, Appleton and Favaloro, Nursing Home Neglect Attorney

In a new blog post to our firm’s Virginia personal injury lawyers’ website, my medical malpractice attorney colleague Mark Favaloro reports a wrongful death lawsuit brought against the long-term care facility by the adult children of a woman who suffered fatal injuries in a fall at the nursing home. To read more, click over to “Family Whose Mother Died Falling Nursing Home Fall Receives $1.5M Jury Award.”

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.

PA


Falls by First-Time Nursing Home Patients Linked to Lack of Trained Staff

"Identifying risk of falling is essential for implementing fall-prevention strategies and facilitating successful discharge back to the community," geriatrics researcher says.

By Mark Favaloro, Nursing Home Neglect Victims’ Attorney

The headline “One-Fifth of Nursing Home Residents Fall in First Month” caught my attention, but a detail disclosed in the June 25, 2012, HealthDay article really made me bristle. The online newsletter was reporting on study results published in the May 2012 Journal of the American Geriatrics Society that revealed a majority of falls among first-time nursing home patients occurred in long-term care facilities with fewer certified nursing assistants than recommended by national staffing guidelines.

As this training video from Mercy Hospital in Portland, Maine (ME), shows, preventing falls by elderly and weak patients is almost always possible. All a hospital, nursing home or assisted-living facility needs is enough trained personnel to help patients get out of bed, remain standing and move without losing their footing.

 

 

Researchers reviewed records for 230,730 people who entered U.S. nursing homes during 2006 and stayed for at least 30 days. They discovered that 21 percent – 47,750 — of the individuals fell. As shocking as the numbers themselves are, their import is even more alarming. As lead researcher Natalie Leland said in a press release, “A fall can delay or permanently prevent the patient from returning to the community, and identifying risk of falling is essential for implementing fall-prevention strategies and facilitating successful discharge back to the community.”

As an attorney who has represented several victims of nursing home neglect, I know that too many long-term care facilities are understaffed. Doctors, nurses, CNAs and other care providers rarely intentionally deny patients adequate care, they just get overworked and overwhelmed. Regardless, neglecting patients can never be completely excused. Each nursing home must do what it can to ensure every patient has access to trained staff.

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.