Saturday, 24 of June of 2017

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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.


Fire Ignites at Hospital Killing Patient and Injuring 3 Others

By Kevin Duffan, Medical Malpractice Lawyer

Sparks during a defibrillation procedure on a patient at Durham Regional Hospital ignited a fire that killed the man and injured three other people. A hospital spokesperson said the fire was contained to one room. To learn more, read full story here. . .

NC Hospital Fire Caused by Defibrillation, Kills Patient, Injures 3 Others

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.


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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.


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.

 


Johns Hopkins Ordered to Pay $55M for Birth Injury

Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb.

By Mark Favaloro, Birth Injury Attorney

A civil trial jury in Baltimore, Maryland (MD), ordered Johns Hopkins Hospital and its parent company to pay $55 million to a family whose son developed severe cerebral palsy and a debilitating seizure disorder when being delivered at the facility. Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb. The hypoxia was to blame for the birth injuries.

 

 

The Baltimore Sun reported that the jury awarded the parents and child ”$25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for … pain and suffering.” A state-mandated cap on noneconomic damages lowered the last figure to $665,000. All the funds will go into a trust under the boy’s name.

My colleagues and I have written often about the injustice of medical malpractice caps. As a birth injury attorney based in Virginia (VA), I consider the other components of the award fair.

Birth injuries can be devastating when they occur and lead to a lifetime of struggle for victims. In this case, the disabled child is confined to wheelchair and requires expensive around-the-clock medical and personal care. As he matures into adulthood, he will most likely be unable to work. Both he and his parents need to know the financial resources to give him the best life possible will always be available.

Lawyers for Johns Hopkins have promised to appeal the decision. I hope their efforts do not succeed. The family has suffered greatly, and their means for meeting challenges that could prove overwhelming should not be denied to them.

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 Wins $78.5M Birth Injury Award Against Hospital

Juror determined faulty ultrasound equipment supplied by the health care facility caused a misdiagnosis of risks to the fetus.

By Jim Lewis, Birth Injury Attorney in North Carolina

In his latest post to our firm’s Carolina personal injury attorneys’ website, my colleague Mark Favaloro reports on a significant victory for a Pennsylvania (PA) family whose now 3-year-old daughter suffered severe brain damage after being deprived of oxygen for an extended period during delivery. Jurors hearing evidence in the civil birth injury trial determined that the hospital was at fault for causing the girl’s cerebral palsy because it provided the mother’s doctor with inadequate ultrasound equipment. To read more, click over to “Cerebral Palsy Blamed on Botched Ultrasound Leads to $78.5M Jury Award for Family.”

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 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.


Maryland Hospitals Referring Medical Malpractice Victims to Attorneys

By Rick Shapiro, Medical Malpractice Lawyer in Virginia

An attorney with the Shapiro, Lewis & Appleton law firm recently wrote about medical malpractice attorneys being referred to patients by hospitals in Maryland (MD). To learn more, read “Should Hospitals Refer Victims of Medical Malpractice to Attorneys?”.

MH

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.


Virginia Hospital, Radiologists and Physicians Facing Wrongful Death Suit

By Jim Lewis, West Virginia Medical Malpractice Lawyer

An attorney with the Shapiro, Lewis & Appleton law firm recently wrote about a wrongful death lawsuit filed by the estate of a woman who allegedly died due to medical malpractice. To learn more, read “Wife’s Death Prompts Man’s Malpractice Suit Against Virginia Hospital, Doctors.”

MH

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.


Cerebral Palsy Victim Wins $144M Award in Michigan Malpractice Lawsuit

The costs of lifelong care for children who suffer birth injuries can be crippling.

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

In his latest post to our firm’s Virginia Brain/Head Injury Lawyers blog site, my colleague Jim Lewis reports that a teen whose total paralysis and cerebral palsy were caused by her birth doctor’s has won a medical malpractice lawsuit and will receive $144 million. Jim notes that the costs of lifelong care for children who suffer birth injuries can be crippling. To read more, click over to “$144M Awarded to Teenager Whose Cerebral Palsy Was Caused by Birth Doctor’s Negligence.”

EJL

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.XX