Wednesday, 13 of December of 2017

Tag » medical

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.”

PA

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 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.

DM

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.


Woman Sues Maker of Failed Hip Implant

The patients claims Wright Medical Technology marketed Profemur hip replacements it should have was defectively designed.

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

My colleague Jim Lewis has written a new blog post for our firm’s Virginia personal injury lawyers’ website in which he reports that an Arizona (AZ) woman is suing Wright Medical Technology, claiming that the medical deice manufacturer’s Profemur hip implant she received was defective and needed to be removed just three years after it was put in place.

DM

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


West Virginia Couple Sue Doctor for Failure to Diagnose Skin Cancer

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

A couple from West Virginia (WV) has launched a medical malpractice lawsuit against a physician who they say failed to diagnose and treat the wife’s skin cancer despite receiving reports of and observing obvious symptoms such as a  rash, lesion and pain. Court paper filed in Kanawha County claim the doctor “ acted negligently, carelessly, willfully and wantonly or with a reckless disregard of risk of harm and caused her injury.”

The couple are seeking compensatory and punitive damages.

As experienced Virginia (VA) medical malpractice attorneys, my colleagues and I are acutely aware how a doctor’s negligence and failure to diagnose a condition can cause serious problems for patients. For instance, we recently reported that a Florida (FL) woman received a settlement after three doctors failed to detect an infection that eventually laeft the woman paralyzed. We also reported on the  case of a 4-year-old girl from Scottsville, VA, who died following kidney surgery when doctors, for 16 hours, failed to resolves her breathing problems.

In a 1999 case we represented the estate of a retired  56-year-old FBI agent. Despite complaining to his doctors of chest pains, he was sent home where he died from a burst aorta. An autopsy revealed that the artery had been dissected for as long as 6 days before the man sought treatment. A jury awarded $700,000 to the family.

DM

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.


Drug Shortage Claims Lives of 15 Patients Since 2010

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply. This number has apparently tripled since 2006.

By Jim Lewis, Medical Malpractice Attorney in Virginia

A serious shortage of medications is proving costly, both in terms of hospital finances and lives lost. Citing a survey by the American Hospital Association,  Fox News reported that 99.5 percent of hospitals have experienced a drug shortage since March 2011. “And 82 percent have had to delay treatment, while more than 50 percent report that they were not able to provide patients with the recommended treatment,” the network noted.

As experienced Virginia (VA) medical malpractice attorneys, my colleagues and I are concerned that this medication shortage could affect patients and cause harm. The medical profession appears to share this concern.

We’re forced to go to a different regimen,” Emory University Hospital medical oncologist Donald Harvey told Fox. “Sometimes that regimen may be inferior. Instead of changing from one therapy to another, we simply put it off in the cases of say, bone marrow transplants. And so we place that patient at potential risk because we’re having to delay that therapy.”

See this video on the shortage.

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply.  This number has apparently tripled since 2006, and an analysis by the Associated Press linked at least 15 deaths to a drug shortage since June 2010.

As recently as June 2011 we reported on this nationwide shortage, warning it’s only a matter of time before a doctor needs a lifesaving medication and finds the drug cupboard is bare. And wholesalers are taking advantage of the scarcity of some drugs by pushing up the costs.

We noted the shortages include thiotepa, which is used with bone marrow transplants; norepinephrine injections that are required for septic shock; and a number of leuprolide hormone injections often used in fertility treatments.

We have reported on numerous cases in which dangerous drugs have been recalled because of potential side effects. Recently we reported on how lawsuits are being launched over the diabetes drug Actos (pioglitazone from Takeda), following evidence it can cause bladder cancer.

Six years ago we won a $200,000 award for a client who developed swelling in his left ankle that was due to a venous clot. His pharmacist gave him more than twice the dose prescribed by his surgeon and he suffered a rectal hemorrhage and required three hospitalizations to resolve the injury.

We hope the drug shortages don’t result in more mistakes and the wrong medication being prescribed.

DM

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.


North Carolina Hospital Ordered to Pay $25 Million for Failing to Notice Child Abuse

A private out-of-court settlement was reached after the verdict in which the hospital agreed not to appeal the ruling.

By James Lewis, Carolina Medical Malpractice Attorney

Medical malpractice lawsuits are not just about incorrect treatment or medication misadministration at hospitals. They can also be brought for a failure to recognize abuse or ill treatment of someone who is admitted to a hospital.

On October 4, 2011, a jury ordered Cape Fear Valley Health System in North Carolina (NC) to pay nearly $25 million to a severely injured boy and his father in a medical malpractice lawsuit, the Fayetteville Observer reported. However, a private out-of-court settlement was reached after the verdict in which the hospital agreed not to appeal the ruling. The settlement amount may vary from the verdict which said the boy should receive $20 million and his father should receive $4.87 million.

The boyfriend of the child’s mother had been abusing the youngster, according to evidence that was brought in the case. When he was 6 years old, the boy was admitted to the hospital in an unconscious state, with a fractured skull and brain damage. The boyfriend was convicted of misdemeanor child abuse as a result.

The boy is now 14 and he is unable to control his body or talk or walk. He lives with his father in Charleston, WV, and requires constant care.

As experienced North Carolina and Virginia (VA) medical malpractice attorneys, my colleagues and I are horrified by this tragic case. Had the hospital picked up on the warning signs earlier on, this boy may still be living a normal life today.  Sadly all too often hospitals show negligence that amounts to medical malpractice. In 2010 we noted a case in which a Granville, NC, woman sued a hospital for negligence over the death of her son.

Bernice Allen said she told Granville Medical Center not to release her son until she arrived. Her son, William, suffered from epileptic seizures and was disabled. She told hospital staff that he was unable to make it home alone. When the mother arrived to pick up her son, however, he was gone. His body was recovered in a ravine seven months after his disappearance.

We have represented a number of clients who have been unnecessarily injured or who have died as a result of medical malpractice. In 1999 we represented the estate of a 56-year-old retired FBI agent whose doctor failed to diagnose an aortic aneurysm. A jury at Suffolk Circuit Court in Virginia returned a $700,000 verdict against the emergency room physician.

DM

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.


Virginia (VA) Doctors Received $7.8 Million From Drug Firms in 2010

If doctors are being paid large sums of money by drug companies there is sure to be pressure to use certain drugs.

By Jim Lewis, VA Medical Malpractice Attorney

Big pharmaceutical companies gave big bucks to Virginia’s doctors — $7.8 million to be precise — in 2010. And while some of that money funded research, $5.2 million went toward speaking and consulting fees for health care providers. The revelation has led to accusations of a too-cozy relationship between doctors and drug companies, the Virginian-Pilot reported. The figures are contained in the ProPublica journalism database.

“There has been growing concern about pharmaceutical payments to doctors,” the Pilot article states. “Consumer groups contend that payments, particularly those for promotional talks, gifts, meals and free samples, can cause doctors to be more likely to prescribe their patients medicines from those companies, and to overlook better or less expensive treatments.”

In the South Hampton Roads cities of Norfolk, Suffolk, Portsmouth, Virginia Beach and Chesapeake, doctors received $1.16 million in payments from no fewer than 11 drug companies in 2010. The largest sum was for speaking and consulting, at $831,380. Payments for research totaled $128,407.

As medical malpractice attorneys based in Virginia Beach who deal with the fallout from dangerous and inappropriate drugs, my colleagues and I are concerned by this report. If doctors are being paid large sums of money by drug companies there is sure to be pressure to use certain drugs; in other words the influence of the drug companies could override the needs of patients. And when things go wrong patients become clients.

We don’t need to look far to see some of the problems caused by drugs. A new report by the U.S. Centers for Disease Control and Prevention has revealed more deaths are being caused by prescription drugs than by traffic accidents. From 1999 to 2006, fatal overdoses from prescription drugs tripled in number, reaching 13,000.

When we read about drugs that have caused irreversible harm such as blindness in the case of Genentech’s Avastin (bevacizumab from Genentech) or Actos (pioglitazone from Takeda), which has been linked to bladder cancer, we have to wonder about the level of influence brought to bear on the medical profession by the drug companies.

To learn more, read this FAQ about what to do if you suffer an adverse reaction to a prescribed drug.

DM

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.


Restrictions Placed on Public Access to Medical Malpractice Data Bank

The elimination of a public area of the National Practitioner Data Bank means it will be more difficult to find out if a doctor has been the subject to a medical malpractice lawsuit.

By Jim Lewis, Medical Malpractice Attorney

My colleague Shapiro, Lewis, Appleton and Favaloro has posted a new blog to our law firm’s Virginia personal injury attorneys’ website on new restrictions being placed on public access to a medical databank used for 25 years by insurers, medical boards and doctors. The elimination of a public area of the National Practitioner Data Bank means it will be more difficult for members of the public to find out if a doctor has been the subject to a medical malpractice lawsuit.

DM

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.


Avastin Use Linked to Blindness in Five Patients

Use of the drug, bevacizumab from Genentech, has also been linked to eye infections in a number of other patients.

By Jim Lewis, Medical Malpractice Attorney

My colleague Shapiro, Lewis, Appleton and Favaloro has posted a new blog to our Virginia (VA) personal injury lawyers’ website about how a controversial cancer drug being used to treat eye disease has been linked to the blindness of five patients. Use of Avastin (bevacizumab from Genentech) has also been linked to eye infections in a number of other patients.

DM

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.


Complaints About Hip Replacement Devices Soar

Patients' trust is abused by medical device manufacturers whose products hurt people.

By Kevin Duffan, Virginia Medical Malpractice Attorney

My colleague John Cooper reported recently on our firm’s website that the Food and Drug Administration has experienced a surge in the number of complaints about failed hip replacements.  John noted patients’ trust is abused by medical device manufacturers whose products hurt people. The firm has written extensively about defective medical devices and medical malpractice.  Check out our library of online articles.

LC

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.