Wednesday, 23 of August of 2017

Tag » Lewis

Attorney Talks About Unfair Tort Reform Laws

By Jim Lewis, Medical Negligence Injury Lawyer

Texas is an example of how not to address tort laws. The legislature passed a sweeping tort reform package in 2003 which made it more difficult for injured victims to file legitimate claims and capped non-economic damages that an injured victim could receive from a medical malpractice injury claim to only $250,000. To learn why Texas is a terrible model for Virginia and other states, read the story here…

Texas Tort Reform Laws NOT the Model for Virginia Tort Law

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.


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.

 


Failure to Diagnose Appendicitis Can Have Devastating Consequences

Failing to diagnose appendicitis is the third most common form of medical malpractice.

By Shapiro, Lewis, Appleton and Favaloro, Medical Negligence Lawyer

Failing to diagnose appendicitis is the third most common form of medical malpractice. What’s so disturbing is that any delay in diagnosing appendicitis can have life-threatening consequences. An attorney with Shapiro, Lewis & Appleton has written about failure to diagnose injuries and why it constitutes medical negligence. To learn more, read “Failure to Diagnose Appendicitis: A Common Form of Medical Malpractice.”

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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.


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.


Expired Vaccine Allowed Girl to Develop Life-Threatening Infection, Jury Finds

The Florida girl had to have all four limbs amputated in order to save her life.

By Shapiro, Lewis, Appleton and Favaloro, Medication Error Victim’s Attorney in Virginia

In his latest post our Virginia (VA) personal injury lawyers’ website, my colleague Jim Lewis reports that a Florida (FL) girl who developed a life-threatening infection and had to have all four limbs amputated after she received an expired vaccine won her medical malpractice lawsuit. Jim does note, however, that winning the legal victory took 10 years. To read more, click over to “Medication Error That Led to Multiple Amputation Results in $12.6M Malpractice Award.”

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


Just One in Seven Medical Errors Reported

When a mistake is investigated, many hospitals do not take any action to prevent the same error from being made again.

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

An attorney with the Shapiro, Lewis & Appleton law firm has written about a disturbing report that released by the New York Times that shows most preventable medical errors are not reported. When a mistake is investigated, many hospitals do not take any action to prevent the error from happening again in the future. To learn more, read “Startling Report Reveals Lack of Oversight, Action on Preventable Medical Errors.”

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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.


Malpractice Award for Virginia Woman Who Suffered Birth Injury Upheld on Appeal

The mother of four underwent a botched Caesarean section and suffered a disabling stroke when nurses failed to notice or treat bleeding and blood pressure problems.

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

In his latest blog post to our firm’s Virginia personal injury lawyers’ website, my colleague Jim Lewis reports on the resolution of a lawsuit in which a federal appeals court judge ordered Bon Secours Maryview Hospital to pay a $900,000 medical malpractice award to a Portsmouth, VA, woman. The mother of four underwent a botched Caesarean section and suffered a disabling stroke when nurses failed to notice or treat bleeding and blood pressure problems. To read more, click over to “Portsmouth, VA Mother Who Suffered Brain Damage Has Malpractice Award From Maryview Hospital Upheld.”

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


Doctor Report Cards Based on Medicare Data Could Protect Patients From Malpractice

The federal Centers for Medicaid & Medicare Services will open its Medicare billing database to employers and consumer health care advocates.

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

In his latest post to our Virginia (VA) personal injury attorneys’ website, my colleague Jim Lewis reports the federal Centers for Medicaid & Medicare Services will open its Medicare billing database to employers and consumer health care advocates so those organizations can prepare doctor report cards. Jim notes that the grades on physicians’ experience and history of errors, expected by late 2012, could prove invaluable for protecting patents from medical malpractice ranging from misdiagnoses to botched surgeries. To read more, click over to “Medicare Data Becoming Available for Preparing Doctor Report Cards.”

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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 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.


Robot Surgical Assistants and Medical Malpractice

Da Vinci robots perform incisions and sutures in the course of heart bypass, valve repair, hysterectomy, prostate and other major surgeries.

By Jim Lewis, Medical Malpractice Attorney in Virginia

Use a robotic surgical assistant called the Da Vinci Surgical System has quadrupled since 2007, now being used by surgeons in 2,000 hospitals around the world performing. According to the Los Angeles Times. Da Vinci robots perform incisions and sutures in the course of heart bypass, valve repair, hysterectomy, prostate and other major surgeries.

Before you get visions of “I-Robot” in your head, keep in mind that Da Vinci does not perform surgical procedures all by itself. The device is operated by a surgeon who uses joystick-like controllers. Still, increased use of the robotic system could have legal implications for victims of medical malpractice.

If a perforated bowel occurs during a hysterectomy, for instance, should the patient bring a medical negligence claim against the surgeon or the manufacturer of the robot? The answer may not be clear. The surgeon would probably try to avoid liability by arguing that the robot was defective, while the manufacturer would probably argue that the surgeon was negligent.

Who said technology was supposed to make things simpler for people?

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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 (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.