Friday, 19 of January of 2018

Tag » medical

Did Virginia and Carolina Health Providers Have a Different Standard of Care During Hurricane Irene?

The storm was to blame for killing several people in Virginia and North Carolina, destroying shorefront property, and forcing a hospital to run on generator power.

By Kevin Duffan, Virginia Medical Malpractice Attorney

My colleague John Cooper reported recently on our firm’s website that Hurricane Irene was to blame for killing several people in Virginia and North Carolina, destroying shorefront property, and forcing a hospital to run on generator power.  John raised the question of what the standard of care was for medical providers during the natural disaster. Contact Shapiro, Cooper Lewis & Appleton, P.C. to discuss all possible claims if you or a loved one suffered serious injuries or death from an accident that was the fault of a hospital.

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.


Norfolk Man Died Due Poor Medical Care at Virginia Beach Jail, Suit Alleges

By Kevin Duffan, Virginia Medical Malpractice Attorney

My colleague Richard Shapiro reported recently on our firm’s website that a lawsuit filed by survivors alleges that  a man died when Virginia Beach jail medical staff ignored the signs of his life-threatening illness. Richard discussed medical malpractice as professional negligence and invited readers to learn about medical malpractice lawsuits by reviewing one of our case results.

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.


Nursing Homes in West Virginia (WV) Stripped of Some Protection From Lawsuits

In a unanimous opinion, justices for the state Supreme Court ruled that nursing homes shouldn't be able to insert fine print into their contracts to avoid getting taken to court if they are accused of harming residents.

By Jim Lewis, Virginia Medical Malpractice Injury Attorney

My colleague Rick Shapiro has posted a blog to our Virginia personal injury attorneys’ website about a state Supreme Court ruling in West Virginia that should make it easier for patients at nursing homes and their families to launch lawsuits. In a unanimous opinion, the justices ruled that nursing homes shouldn’t be able to insert fine print into their contracts to avoid getting taken to court if they are accused of harming residents, the Charleston Daily Mail reported.

Read more about how the state Supreme Court took a dim view of arbitrators in nursing home cases here.

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.


Obama Remains Opposed to Limits on Awards to Medical Malpractice Victims

We have repeatedly said the cap on damages that has been in place in Virginia since the 1970s, is arbitrary. The cap was put through the VA legislature to give special treatment to medical providers and doctors.

By John Cooper, Virginia Medical Malpractice Attorney

President Barack Obama remains opposed to limits on how much can be awarded to victims in medical malpractice cases, according to the White House.

The president’s opposition to caps on liability remain, even though he “responded favorably to a Republican lawmaker recommending legislation along those lines to restrain health costs,” the Associated Press reported.

“I said West Virginia passed medical liability reforms and we should do it. Try it and you’ll like it,” Rep. Shelley Moore Capito said she told the president in relation to West Virginia’s (WV) medical liability reforms. She said Obama told her it sounded great.

The White House later denied the president has changed his stance.

Nick Papas, a White House spokesman, told AP the president “does not support caps on medical malpractice awards, since they can be unfair to people who’ve been wrongfully harmed. However, he does want to work with Republicans to bring down costs in the health system and improve care.”

As experienced Virginia (VA) medical malpractice attorneys, we are are pleased the official White House position has not changed. We have repeatedly said the cap on damages that has been in place in Virginia since the 1970s, is arbitrary. The cap was put through the VA legislature to give special treatment to medical providers and doctors. It reflects the strength of lobbyists in Virginia for the healthcare industry and the insurance companies over the medical malpractice issue.

Our attorneys do not believe this is a fair system because it means a jury’s ability to award a victim what it believes they are entitled to, is curtailed.

Recently we reported on how a jury in Norfolk, VA, awarded $5 million to a 20-year-old man, as well as his parents, in a lawsuit against an anesthesiologist and the Norfolk Children’s Specialty Group. The amount was cut to $1.85 million because of the cap.

This ceiling on damages has even affected our clients, including a client who obtained a $2.3 million dollar verdict in November 2010 in an infant’s shoulder injury trial, leading to a settlement within the existing Virginia medical malpractice cap.

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.


$5M Malpractice Jury Verdict in Norfolk Spinal Cord Injury Case Reduced to $1.85M Due to VA Damages Cap

The man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

By Jim Lewis, Norfolk Medical Malpractice Lawyer

A Norfolk, Virginia (VA), jury awarded $5 million to a 20-year-old man and his parents in their suit against an anesthesiologist and the Norfolk Children’s Specialty Group, according to court records and published news reports. The amount was reduced to $1.85 million because of an unfair and arbitrary cap imposed by Virginia law on medical malpractice lawsuits.

Children’s Hospital of The King’s Daughters, known for pediatric care, is located in southeastern Virginia and northeastern North Carolina.  Patients actually travel there from the Outer Banks, Chesapeake, Suffolk, Virginia Beach and beyond for special pediatric care.  The young man went to this Norfolk hospital for the surgery because of its strong reputation, only to suffer a needless spinal cord and paralysis due to anesthesiology malpractice.

According to the lawsuit, the man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

After the operation, the man could not move or feel his legs and feet due to paralysis. He regained his ability to walk but continued to have pain and difficulty controlling bodily functions.  The defense for the doctor and hospital claimed the doctor and Children’s Specialty Group did not deviate from the proper standards of medical care.  As Virginia Beach-Norfolk medical malpractice attorneys, we are saddened to see a reputable hospital make a negligent surgical mistake like this.  It’s also tragic that the doctor and hospital forced the victim to go through a public trial to get justice and we note it’s far in excess of the unfair VA medical malpractice “cap” which forced the judge to reduce the 5 Million dollar verdict the jury returned to only 1.85 Million.  Attorney for the victim Lisa O’Donnell did a tremendous job helping the victim and his family.

To learn more about Virginia medical malpractice and doctor mistakes, check out our Frequently Asked Questions devoted to the subject. Our VA medical malpractice lawyers wrote a free consumer report providing a list of tips for victims who were hurt by a doctor’s carelessness. Feel free to download it here.


Woman Who Can’t Close Her Eyes Launches Medical Malpractice Lawsuit Against Plastic Surgeon

By Rick Shapiro, Virginia Surgical Error Attorney

When plastic surgery goes wrong the consequences can be serious or even deadly.

But few medical malpractice cases that have led to lawsuits are stranger than that of a woman from New Jersey (NJ) who claims she cannot close her eyes even when she sleep. Now she is suing the plastic surgeon who operated on her, the Daily Mail reported.

Marilyn Leisz, from New Jersey (NJ), said she went to the doctor to have a procedure to correct bumps on her eyelids from a surgery performed by another doctor. She says she was left unable to close her eyes and has launched a medical malpractice lawsuit against the surgeon.

This distressing case illustrates what can happen when plastic surgery apparently goes badly wrong.

There is a misconception out there that plastic surgeons only work for supermodels and celebrities. That is not the case. Many plastic surgeons specialize in reconstructive surgery aimed at helping victims of car crashes, truck wrecks, ATV accidents and burn victims.

As plastic surgery becomes a more popular procedure the numbers of complaints and lawsuits have increased in recent years.

Take, for instance, the case of Dr. Paul Drago, who recently had his license to practice medicine in North Carolina (NC) revoked indefinitely after ten different medical malpractice claims were filed against him. Drago, who is trained to be a ear, nose, and throat doctor, had been performing plastic surgeries on patients, many of which involved permanently disabling surgical errors.

Sometimes a botched plastic surgery or side effects from it can have tragic consequences.  As experienced Virginia (VA) medical malpractice attorneys, we often see the downside of plastic surgery and how seemingly routine procedures can go badly wrong.

Last year we reported on a Virginia wrongful death lawsuit into how the mistreatment of a plastic surgery complication led to the death of a woman from Virginia Beach, VAThe family of the 36-year-old woman who died less than two days after undergoing outpatient cosmetic surgery recently received a wrongful death damage award of $1.95 million when a court in Virginia Beach determined that the surgeon and his clinic staff did not provide adequate follow-up care to the woman.

According to a report in the Virginian-Pilot, the mother of four underwent a breast lift and augmentation, liposuction and other routine plastic surgery procedures on July 30, 2008. She was dead in her home 40 hours later after the staff at Galumbeck Plastic Surgery failed to diagnose, treat or ensure hospital treatment for an adverse reaction or postsurgery infection that affected her breathing and rendered her feverish, dizzy and unable to concentrate.
Plastic surgery malpractice errors can lead to a wide range of serious injuries not to mention emotional damage. They can lead to scarring, infections, deformities, nerve damage, and even permanent disabilities or death. Increasingly they are leading to medical malpractice lawsuits in Virginia.

If you need help with an issue related to plastic surgery or another medical problems call our experienced medical malpractice attorneys.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and have experience handling medical malpractice cases involving hospital and doctor mistakes, 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 o 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 NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Medical Malpractice Damage Cap Increases in Virginia Over Governor’s Initial Veto

What’s even more outrageous is if a jury awards a victim more than $2 million in non-economic damages, the award must be reduced to comply with the damage cap. So, even if a person has future medical bills and lost wages way over the limit , they only get the cap no matter how deserving they are and no matter what the jury says is fair.

By John Cooper, Medical Negligence Lawyer

In a surprising turn of events, the Virginia General Assembly overrode the governor’s veto on a medical malpractice damage cap increase bill. HB1459 mandates a phased-in increase the maximum award from $2 million to $3 million by 2031. The cap rises by $50,000 per year beginning this July.

Seven Republican senators crossed party lines and voted with Democrats to undo Gov. Bob McDonnell’s rejection of the legislation. They deserve praise for accepting a compromise that was worked out over time between the hospitals, doctors, and medical folks on one side and the Virginia Trial Lawyers Association plaintiff’s bar on the other.

In an ideal world, there would be no cap on medical negligence damages. The limits punish helpless victims and benefit insurance companies. What’s even more outrageous is if a jury awards a victim more than $2 million in non-economic damages, the award must be reduced to comply with the damage cap. So, even if a person has future medical bills and lost wages way over the limit , they only get the cap no matter how deserving they are and no matter what the jury says is fair. That makes no sense considering the jury system is the bedrock of our society and should be the final arbiter of what a victim receives in a medical malpractice case.

But we’re faced with the reality of damage caps in Virginia. Fortunately, the medical malpractice damages bill that passed is a step in the right direction.

PA

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, 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 and we will return your call promptly. 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 NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Consumers Could Suffer Due to Dominance of Hampton Roads Health Insurance Market by Two Companies

By John Cooper, Virginia Medical Malpractice Attorney

The domination of the health insurance market in Hampton Roads by two companies is revealed in a report from the American Medical Association, according to the Virginian-Pilot.

The companies in question are WellPoint, the parent company of Anthem Blue Cross and Blue Shield of Virginia (VA), and Optima Health. An expert said this could be bad for consumers. Read more here.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, 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 and we will return your call promptly. 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 NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Woman Launches Lawsuit Saying Painful Back Surgery Was Unnecessary

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

A woman from Texas (TX) has launched a lawsuit claiming she sustained severe infections and had to endure excruciating pain because of unnecessary surgery.

Janice McDaniel, and her husband, William, filed a lawsuit February 25 in Jefferson County District Court, Jefferson, Texas, this month. She claimed none of the pain the woman experienced would have been necessary had her doctor properly treated her, the South East Texas Record reported.

The suit claims McDaniel was admitted to Memorial Hermann Baptist Beaumont Hospital on December 19, 2008. Read more here.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, 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 and we will return your call promptly. 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 NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Medical Malpractice Damages Cap Considered in North Carolina (NC)

Senate leader Phil Berger, R-Rockingham, said GOP colleagues will file a bill this week to limit noneconomic damages in malpractice cases and divide such trials into two parts for questions of liability and monetary damages.

By Randy Appleton, North Carolina Medical Malpractice Attorney

North Carolina lawmakers are seeking to bring in a medical malpractice cap in the state like the one in Virginia. The new Republican majority is attempting to advance a policy that has been talked about for years in the state: Medical malpractice reform that they claim would bring down costs for doctors and other businesses, CNBC reported.

Senate leader Phil Berger, R-Rockingham, said GOP colleagues will file a bill this week to limit noneconomic damages in malpractice cases and divide such trials into two parts for questions of liability and monetary damages.

The NC Medical Society, which represents 12,000 licensed physicians, or about 70 percent of the state’s practicing doctors, praised the Legislature for being willing to take up medical liability issues.

But North Carolina Advocates for Justice, the state’s leading trial lawyer lobbying group, said malpractice premiums and lawsuits are down and caps have been found to be unlawful in some states. The Georgia Supreme Court ruled unanimously last year that a $350,000 cap on noneconomic damages was unconstitutional.

In contrast, Virginia (VA) has a medical malpractice cap that’s been frozen at $2 million for the last two years. Although the cap is likely to be raised by $50,000 a year beginning in 2012, our firm has argued it’s an arbitrary law that gives special treatment to healthcare companies at the expense of the victims.

In Virginia, if a physician or a nurse causes a permanent injury and your spouse can never work again as a result, for example, the most he or she can ever receive is $2 million dollars because of the cap, even if an economist estimates that over their work-life expectancy, your husband or wife would have made $5 million dollars.

Notwithstanding the limitations of the cap our attorneys are committed to fighting for the highest awards possible for those who have been injured by acts of medical malpractice. In 2007, one of our own attorneys, James Lewis was recognized by Virginia Lawyers Weekly for obtaining one of the state’s largest verdicts that year. Jim’s case involved a medical malpractice claim for injuries inflicted upon the plaintiff, an infant, during a difficulty delivery. The delivery resulted in permanent injury to the plaintiff’s shoulder and arm. A Virginia Beach Circuit Court jury awarded $1.75 million, the medical malpractice cap at the time of the injury to the plaintiff and an additional $137,224 to the plaintiff’s mother.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, 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 and we will return your call promptly. 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 NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.