Wednesday, 18 of July of 2018

Tag » Medical Malpractice

Surgeon’s Mistake Leads to Death and $1.4 Million Malpractice Claim

By Jim Lewis, Virginia (VA) Personal Injury Lawyer

We put a lot of trust into medical professionals to take care of use or our loved ones, but these same professionals are human and make mistakes. When these mistakes occur during surgery the consequences can become very serious. In a recent jury verdict a surgeon was guilty of malpractice after his actions caused an injury to a patient that went undetected for too long and inevitably led to the patient’s death. To read the full story,go to http://www.sltrib.com/sltrib/news/55969909-78/grover-hospital-friedli-complaint.html.csp

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.


Serious Medical Malpractice “Never Events” Occur 80 Times a Week

By Jim Lewis, Medical Malpractice Lawyer in Virginia

Our firm published an article on so-called “never events”. These are events that occur during a surgical procedure that are considered unacceptable and an exemplar of medical negligence. For example, leaving a sponge inside a patient’s body. Unfortunately, these events are occurring quite frequently each week in the United States. To learn more, read the story here…

Medical Malpractice Alert – So-Called “Never Events” Happen Quite Frequently in Hospitals

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 or Non-Diagnosis of Aortic Aneurysm Can Lead to Loss of Life

By Jim Lewis, Virginia Medical Negligence Attorney

Our firm published an article talking about aortic aneurisms and the legal ramifications of a misdiagnosis or failure to diagnose. Unfortunately, this condition is potentially fatal and quite common. In fact, aortic aneurisms are one of the leading causes of death in the United States. To learn more, check the article on our main website titled:

Failure to Diagnose Aortic Aneurysm Can Have Deadly Consequences

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.


Breast Cancer Misdiagnoses Leading to Malpractice Suits

By Mark Favaloro, Virginia (VA) Medical Malpractice Lawyer

Being misdiagnosed for a simple medical issue can leave a victim scared and upset but being misdiagnosed for cancer is life altering and traumatic. The rate of misdiagnoses of breast cancer is climbing at an alarming rate as breast cancer numbers rise. To find out why this is happening follow the link to “Breast Cancer Misdiagnoses Leading to Malpractice Suits”

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.


West Virginia Lawmakers Consider Punitive Damages Cap

By Randy Appleton, VA Medical Malpractice Attorney

What Happened:

Senate Bill 215 was recently introduced on the West Virginia Senate floor and could spell serious problems for those injured in the state due to medical malpractice. The bill was written to take aim at the state’s currently unlimited punitive damage awards and would instead create a $500,000 cap in med mal cases resulting in either injury or wrongful death.

The sponsors for Senate Bill 215 say the step is needed to help remove the risks associated with inflated med mal verdicts. They claim West Virginia has developed a reputation as a lawsuit friendly state and the cap will help end that. They also claim the cap will lower medical malpractice insurance premiums and, as a result, ensure that more doctors stay in West Virginia.

Those opposed to the measure say that a cap on damages only serves to protect negligent doctors from their own misconduct. Damage caps do nothing to reduce frivolous litigation and only work to deny much needed money to those found to have been injured by a negligent defendant. In fact, such a cap only becomes relevant once a jury has decided that a victim was injured seriously enough to deserve a substantial amount in damages. At that point, a damage cap comes to the rescue of the responsible doctor or hospital, shielding them from a fittingly serious punishment.

The Virginia Medical Malpractice Attorney’s Perspective:

I believe that implementing such medical malpractice damage caps sets the wrong tone for doctors in the state, saying that the cost of their misconduct will be capped and that they do not need to fear severe punishment in truly severe cases. Though most doctors do a great job caring for patients, those that do not should be held accountable for their bad decisions. Capping the amount of punitive damages allowed in med mal cases does away with this accountability and would ultimately be a bad thing for residents of West Virginia.

Potentially Helpful Info:

Our West Virginia and Virginia medical malpractice attorneys have compiled a wealth of useful information regarding what constitutes a medical malpractice claim, limits on the amount of time to file a claim, and how to find the right lawyer to handle your case. For more information, read the following report on Virginia medical malpractice claims.

Have Questions?

Those who have been injured by medical malpractice surely have lots of questions. Common questions for those suffering similar injuries include some of the following: What are typical settlements? How long do I have to bring a med mal claim? What do I have to prove to prevail in a med mail case? For answers to these and other frequently asked questions regarding medical malpractice claims, check out the following guide.

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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.


Surgical Error Causes Loss of Leg for Physician

By Mark Favaloro, Medical Malpractice Attorney

What happened:

A recent story in the New York Times shows not only how the results of medical errors can have tragic consequences years later, but that these types of accidents can happen to anyone. Almost twenty years ago, Frederick Southwick had surgery on his left Achilles’ tendon. In order to prevent bleeding during the procedure, a pressurized cuff was placed above his knee to cut off the blood flow.

But last July, Southwick began experiencing incredible pain in his left calf. Doctors discovered that during his Achilles’ tendon surgery, the cuff was left on too long, causing injury to the arteries. Over the years, the vessels progressively scarred and calcified, and that eventually blocked all blood flow to his lower leg. Two months later, his leg had to be amputated.

Southwick refers to the loss of his limb as a preventable error. Ironically, he is a professor of medicine at the University of Florida and his focus of study over the past two decades has been preventable errors in health care. He describes loss of his leg as traumatic and struggles over that loss, as well as the pain and rehabilitation of learning to use a prosthetic leg. His medical career has also been put on hold because of the situation.

 

The Virginia Injury Lawyer Perspective:   

Dr. Southwick references a study that determined how many deaths are due to medical error each year which was conducted by the Institute of Medicine a decade ago. The data compiled from that study revealed there were 44,000 to 98,000 deaths per year because of preventable errors in the American health system. The study also found that for every death there are likely to be at least ten serious injuries, concluding that roughly a million patients are seriously injured each year.

Our law firm has represented dozens of clients who have been victims of physicians’ errors and mistakes. Medical malpractice victims should consult with a Virginia personal injury lawyer to find out what compensation they may be entitled to for their pain and loss.

 

Potentially Helpful Info:

Our firm published an article detailing an innovative way on how to cut down on preventable medical mistakes. Read it here.

Have Questions? Check Out Our Firm’s FAQs:

Medical malpractice FAQs

 

 

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.


Virginia Med Mal Awards Arbitrarily Reduced By Damages Cap

By Jim Lewis, VA/NC Med Mal Attorney

What Happened:

A man from Hampton, VA who was seriously injured due to medical malpractice received a jury verdict for $25 million in damages, the largest ever med mal verdict in Virginia. The problem for the man is that the verdict will now be dramatically reduced, down to $2 million thanks to law in Virginia that caps medical malpractice damages.

The case involved a man who suffered from a serious heart attack after being given only an Advil to treat his heart condition. Despite complaints of heart trouble, the doctors said that his arteries were normal and sent the man home. A few months later the man, Christopher Denton, suffered a massive heart attack. The man will now need a heart transplant within five years and only has a 50% chance of survival 10 years after that.

The man sued the Riverside Health System and its cardiologists claiming negligence and won. The jury considered the case and arrived at what it felt was a fair number, $25 million, never being told about the $2 million cap.

This case illustrates the harm of such a damages cap. The only people protected in the case were the doctors and hospital administrators whose negligence led to the massive heart attack in the innocent patient. The only people punished by the cap are those who suffer the most serious injuries while doctors who are responsible for the harm, are spared from the full brunt of their mistakes.

The Virginia Medical Malpractice Attorney’s Perspective:

The problem with such caps on med mal damages is that they help the party responsible for causing the harm and punish the innocent victims. By allowing the cost of a doctor’s misconduct to be capped, physicians lose an incentive to keep their patient’s health and safety at the forefront of their minds.

While it’s true that most doctors do a good job caring for their patients, those that do not should be held accountable for their negligence and the jury system should be allowed to function without arbitrary statutory restrains on damages. 

Potentially Helpful Info: 

Our firm has handled dozens of serious medical malpractice cases before, both trying and settling cases to secure much needed money for our seriously injured clients. 

The Virginia medical malpractice attorneys at our firm have compiled a guide containing useful information about medical malpractice claims. The guide answers questions such as what incidents are considered medical malpractice, what time limits apply to med mal cases and how should victims seek out attorneys to assist them after sustaining an injury.

Have Questions?  

If you’ve been injured as a result of a medical professional’s malpractice and have questions about what to do next, take a moment to consult our FAQs regarding medical malpractice cases.

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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.


Withholding Emergency Medical Treatment for Inability to Pay Can Be Illegal in Virginia

In 1986, the Emergency Medical Treatment and Active Labor Act (EMTALA) was passed by Congress. This act made it against the law for a medical facility to refuse treatment in an emergency situation because the patient was unable to pay. This law is still in effect today, and it covers all types of emergency medical situations, including women who are in active labor. However, some patients are still being denied medical treatment because of an inability to pay, suffering personal injury or even wrongful death as a result.

This appears to have happened to a man in Louisiana who had a heart attack in November 2012. The man went to one medical center where one of his arteries was cleared before he was transported to Ochsner Clinic in Louisiana. The clinic determined a heart transplant was ultimately necessary, but that another device would need to be implanted to keep him alive until then. After they had committed to doing the surgery, and as his health continued to decline, the clinic found out payment for the surgery had been denied, and they postponed the implant. Allegedly, this denial of treatment caused serious damage to his heart and ultimately his death.

The victim’s survivors filed a wrongful death lawsuit in January, 2013 seeking compensation for numerous items, including lost wages, medical expenses, and loss of enjoyment of life and companionship.

While this particular incident occurred in Louisiana, this type of medical malpractice could just as easily have happened in Virginia. It is similar to a failure to diagnose case in that the patient lost his life because the proper action was not taken. Jim Lewis, one of our Virginia medical malpractice attorneys, fought hard to win a $700,000 jury verdict on behalf of the family of a victim who died as a result of the ER doctor’s failure to diagnose a fatal heart issue.

The Emergency Medical Treatment and Active Labor Act does not apply in all situations, so if you think you or a family member have been the victim of this type of medical malpractice, it is important to speak with a VA medical malpractice attorney as soon as possible to determine what action should be taken. This type of case has a statute of limitations that limits the amount of time one has to file a claim.

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.

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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.


Roanoke Virginia (VA) Clinic Gives Patients Tainted Steroids

By Mark Favaloro, Virginia (VA) Medical Malpractice Attorney

No one likes to have to get an injection but one patient at a Roanoke Virginia (VA) clinic got more than just a sharp pain he also received tainted steroids.  Find out what the clinic did next to try and hide its mistake from the client by reading the article here.

Virginia (VA) Families Sue for Tainted Steroid Injections

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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 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.