Saturday, 15 of December of 2018

Tag » injury

Jury Awards Victim $126 Million in Delayed Diagnosis Case

By Mark Favaloro, Medical Malpractice Attorney

What Happened:

A jury awarded a woman $126 million after she was forced to sit unattended in a hospital for hours while personnel failed to diagnose her heart attack. As a result of the medical personnel’s negligence, the victim sustained permanent injuries that will require medical treatment for the rest of her life, including the need for a heart transplant in the future, according to lawyersusaonline.com.

The Virginia Injury Lawyer’s Perspective:

People may be shocked at the size of the jury award, but it’s important to keep in mind that the victim’s medical malpractice attorney made a settlement demand of $1.9 million but the defendant only offered $475,000. I point this out to show that it was the defendant’s decision to proceed to trial since they weren’t willing to come closer to the victim’s settlement range. The defendant took the gamble of going to court and the plaintiff’s case was victorious.

It’s also important to keep in mind that the jury verdict is largely devoted to future medical expenses. The total award is comprised of $16 million for future pain and suffering and the remainder allocated for 32 years of future medical care including the use of defibrillators, ventricular devices and a future heart transplant.

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 practicing attorneys receive.


Tort Reform Arguments Debunked by New Study

By Kevin Duffan, Medical Malpractice Attorney

Tort reform advocates are simply mistaken that doctors are being bankrupted, or even overwhelmed, by medical malpractice lawsuits. The empirical evidence shows that payouts to victims of medical malpractice were at their lowest levels ever last year. To learn more, read the article here…

New Study Shoots Down Tort Reform Arguments

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 practicing attorneys receive.

 


New Policy Levies Fines Against Hospitals with High Readmit Rates

By Mark Favaloro, Medical Malpractice Attorney

Hospitals will face penalties if a large number of patients are readmitted within one month due to complications. For the first year, the penalty is capped at 1 percent of a hospital’s Medicare payments but will eventually rise to 3 percent. To learn more, read the story here…

Hospitals Facing Fines for High Readmission Rates

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 practicing attorneys receive.

 


Article Discusses the Prevalence of Preventable Medical Mistakes

By Randy Appleton, Virginia Medical Malpractice Lawyer

About 25 percent of all hospitalized patients will suffer a harm due to a preventable medical error of some kind. Yes, you read that correctly. A recent news article highlighted the shockingly high number of preventable medical errors that take the lives of thousands of innocent patients. To learn more, read the story here…

Preventable Medical Errors are a Major Problem

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 practicing attorneys receive.


Fake Medicine Can Have Real Side Effects

By Mark Favaloro, Medical Malpractice Attorney

Our firm published an article in the Legal Examiner discussing the serious health risks associated with ordering medications through certain web sites. The article references a story from CNN which revealed that close to 100,000 lives may be lost due to fake medications and/or medications with unlisted, and potentially lethal, ingredients. To learn more, read the story here…

Pharmaceutical Counterfeiting a Real Danger

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.

 


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


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.

 


Shoulder Dystocia Injury Info

By Randy Appleton, Medical Negligence Attorney

One of the most memorable moments in life is the birth of your child. Unfortunately, for many parents, this momentous occasion can become a horrific nightmare if their child suffers a life-altering injury from shoulder dystocia. This article explains some of the causes of shoulder dystocia and your potential legal rights. To learn more, check out the article here…

Nightmare in the Delivery Room – The Potential Life-Altering Effects of a Shoulder Dystocia Injury

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


Jury Awards $1.8 Million in Medical Malpractice Missed Diagnosis Case

By Jim Lewis, Medical Malpractice Attorney

The family of a woman who lost her life from a rare blood disorder filed a missed diagnosis medical malpractice claim against the hospital. The jury awarded the family $1.8 million but that was reduced to $187,500 after the non-economic damage cap was enforced and the “loss of chance” doctrine was applied. To learn more, read the story here…

Missed Diagnosis Case Results in $1.8 Million Jury Award

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

 


Medical Malpractice Payments Hit All-Time Lows

By Mark Favaloro, Medical Negligence Attorney

A new report by the Public Citizen provides further substantive evidence that the tort reform argument proclaiming that our court system is inundated with frivolous lawsuits is simply false. In fact, medical malpractice payments were at their lowest levels on record by almost any measure in 2011. To learn more, read the story here…

Debunking Tort Reform: New Report Shows Medical Malpractice Payments at Record Lows

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.