Sunday, 16 of December of 2018

Tag » mistake

Misdiagnosed Kidney Infection Results in Leg, Foot Amputation for Maryland (MD) Woman

Unable to stop the spread of the patient's sepsis, doctors decided to partially amputate her leg and foot. The woman later sued her two principal physicians and, on August 9,2010, won a jury verdict for $2.35 million. Jurors determined that the doctors failed to provide the proper standard of care.

By Jim Lewis, Medical Malpractice Attorney

Imagine going to the emergency room with a severe stomachache and coming out of a coma almost two weeks later missing part of one leg and most of another foot. This is exactly what happened to a Silver Springs, Maryland (MD), mother of two young children when doctors at Shady Grove Adventist Hospital misdiagnosed her kidney infection as kidney stones.

According to the Washington Post, 24-year-old Yesenia Rivera had been treated and released at Adventist two days before returning with what she perceived as only severe stomach pains. Doctors compounded their first misdiagnosis by ruling that Rivera had a ruptured ectopic pregnancy or a gallbladder problem. Rivera actually had a form of sepsis — a blood infection that spreads from a patient’s skin, bowels, lungs or kidneys and can prove fatal even if treated aggressively.

Unable to stop the spread of Rivera’s sepsis, doctors decided to partially amputate her leg and foot. Rivera later sued her two principal physicians and, on August 9,2010, won a jury verdict for $2.35 million. Jurors determined that the doctors, who were practicing at Adventist under contract, failed to provide the proper standard of care.

Medical mistakes take many forms, and missed diagnoses are among the most common and most serious. While perfection is too high a standard to which to hold doctors, nurses, pharmacists and other health care providers, patients and families need to be able to receive compensation for injuries — and, sometimes, deaths — that result from errors made by medical professionals. I am glad the Maryland jury recognized that.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. While we do not accept every case, we provide free initial confidential injury case consultations. So call us toll free at (800) 752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono public information services.


Actor Describes Medical Malpractice Nightmare

The actor Dennis Quaid went before Congress to discuss just how close he came to losing his two children from a drug overdose caused by a preventable medical mistake on a hospital. Mr. Quaid expressed his concern over medical malpractice “damage caps” and an impending Supreme Court case which may allow the FDA to preempt a malpractice claim if the government agency approved a drug which causes severe side effects.

To learn more, check out this article…

Dennis Quaid’s Medical Malpractice/Dangerous Drug-Device Testimony To US Congress


Botched Hysterectomy Suit Results in $3M Verdict for Winchester, VA, Woman

Hysterectomies -- the removal of the uterus to protect a woman's health -- are fairly routine. When the surgeries go wrong, though, the pain and suffering women experience can be severe and life-threatening.

By Richard Shapiro, Medical Malpractice Lawyer in Virginia

Hysterectomies — the removal of the uterus to protect a woman’s health — are fairly routine. When the surgeries go wrong, though, the pain and suffering women experience can be severe and life-threatening.

This is what happened to a woman in Winchester, Virginia (VA), whose surgeon cut through the structure separating her bowels and reproductive organs while performing a hysterectomy in the spring of 2007. The surgeon, according to a report on NV.com, misidentified the patient’s tissues; cut, nicked and sutured the wrong areas; and misapplied surgical techniques. As a result, the patient suffered “physical trauma … severe nausea, vomiting, abdominal bloating, bloody bowel movements, severe cramping [and] persistent fevers.”

The woman underwent emergency surgery four days after the botched hysterectomy and subsequently sued the surgeon for negligence and breach of care. In late May 2010, a jury handed down a verdict in favor of the patient, awarding her a total of $3 million .

Because of Virginia’s misguided cap on medical malpractice awards and a likely appeal by the surgeon who made the error, the jury verdict will come down. That written, I am pleased to see that the surgeon who harmed the woman during what should have been a safe procedure was held to account.

My colleagues and I have spent decades representing patients who have suffered injuries during surgeries that left them in worse health than when they went into the hospital. Each case has been unique, but each has shown how much pain and suffering a surgeon’s mistakes or negligence can cause a patient and the patient’s family members. While no amount of money can fully compensate a person who has suffered a surgical mistake, justice is served by ensuring victims receive funds to cover the costs of recovery.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now–we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono public information services.

EJL


Attorney Examines the Risks of Needles Left Inside a Patient After Surgery

A needle left inside a patient can lead to very serious injuries or even death since it is a sharp object that could puncture and/or tear a vital organ or tissue. A study conducted by the Brigham and Women’s Hospital and Harvard School of Public Health found that 1,500 patients are the victims of this type of surgical error every year. To put that number into perspective, 1,500 patients breaks down to about four victims every day. To learn more, check out this article:

How Dangerous is a Surgical Needle When Left in the Human Body?


Terrible Transplant Mistake: Receiving a Cancerous Organ

There are roughly 16,000 organ transplants that take place every year in the United States. Of those transplants, two or three people actually receive a cancerous organ. Just imagine, you go into surgery with the hopes of extending your life by receiving a new organ and you wake up with cancer. This is a terrible medical mistake and unacceptable. To learn more, check out this article posted on our firm’s North Carolina site:

Carolina Medical Error: Cancerous Organ Transplants


Hospitals Held Responsible Through “Vicarious Liability”

By James Lewis, Medical Malpractice Lawyer

Let’s say you’re in the hospital receiving treatment for a medical condition like diabetes, asthma, or you’re just there to get an annual checkup. The nurse who is treating you makes a medical mistake like injecting you with the wrong medication. This error results in you suffering a serious injury, or even a permanent disability.

When this situation occurs, some people hesitate to take legal action because they think the nurse doesn’t have the resources to fully cover medical bills, lost wages, and the pain and suffering you have endured. This is simply not the case and don’t let this prevent you from pursuing justice from what is clearly a medical malpractice incident.

The hospital is held responsible by “vicarious liability.” This is means an employer is liable for the negligent actions of their employee, even if the employer was not directly responsible for the injury.

Virginia (VA) law specifically states:

§ 8.01-38. Tort liability of hospitals.

Hospital as referred to in this section shall include any institution within the definition of hospital in § 32.1-123.

“No hospital, as defined in this section, shall be immune from liability for negligence or any other tort on the ground that it is a charitable institution unless (i) such hospital renders exclusively charitable medical services for which service no bill for service is rendered to, nor any charge is ever made to the patient or (ii) the party alleging such negligence or other tort was accepted as a patient by such institution under an express written agreement executed by the hospital and delivered at the time of admission to the patient or the person admitting such patient providing that all medical services furnished such patient are to be supplied on a charitable basis without financial liability to the patient.”

In most cases hospitals such as Sentara Bayside Hospital, DePaul Medical Center, and Maryview Medical Center would not qualify for the exemptions described in the VA statute.

Therefore, if you’ve been hurt by a nurse’s negligence, don’t think a medical malpractice lawsuit is out of the picture. Consult with an attorney to see what legal options are available to you.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA


Surgical Mistakes Can Have Tragic Consequences

By Jim Lewis, Medical Malpractice Attorney

A surgeon in Chesterfield, Virginia (VA) was performing a kidney removal procedure on a 76-year-old patient when he mistakenly stapled the wrong vein and shut off blood flow to the patient’s working kidney. This surgical mistake subsequently led to the patient’s death.

The family of the patient decided to hire an attorney and a medical malpractice lawsuit was filed. The surgeon had no explanation for the medical error and appeared devastated by his patient’s death, according to Virginia Lawyers Weekly.

The remorse displayed by the surgeon illustrates the fact that many medical mistakes are genuine errors that have no rhyme or reason. Nevertheless, showing remorse does not remove liability and does not ease the pain and suffering for the patient’s wife and three daughters who are forced to pick up the pieces of their lives after a wrongful death. This is why the lawsuit was filed on behalf of the victim’s family.

A settlement was reached that was acceptable to the family, even though no amount of compensation will ever be enough to replace the death of a loved one.

This case is evidence of just how risky any surgical procedure can be since surgeons are human and are known to commit mistakes from time to time. If you are planning to have a surgical procedure, you should consult with your family about a potential medical malpractice scenario and what they should do in case a serious medical error occurs. Nearly 100,000 people die every year due to preventable medical errors, so this is a topic worthy of discussion. It’s not a pleasant subject, but being prepared for an unexpected event is always better than struggling to figure out what to do in the midst of a medical crisis.

Before your family discussion, be sure to take a look at these free consumer reports about medical mistakes and surgical errors:

The Top 5 Surgical Errors and How NOT to Become a Victim

Top 10 Tips from Experienced Medical Malpractice Lawyers

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA


The Horror of Wrong Side Surgeries and Terrible Medical Mistakes

By Rick Shapiro, VA/NC Medical Malpractice Lawyer

Some medical mistakes can be categorized as ”understandable” but one type of error that is completely unacceptable (and terrifying) is a wrong side surgery. This is when the doctor or surgeon performs a procedure on the wrong side of the body or on the wrong body part. Even in these modern times, in one of the most advanced countries in the world, wrong side surgeries take place more often than you would think. Here are some stories of recent wrong side surgeries:

• In 2001, construction worker Kevin Walsh went in for brain surgery to remove a dangerous blood clot. Two talented surgeons opened the 41-year-old man’s skull to drain the hematoma and save the man’s life – only to find they had operated on the wrong side of his body.

• In just two years, Rhode Island Hospital recorded five different wrong side operations – three in which doctors operated on the wrong sides of patients’ brains. The mistakes led to fines and medical malpractice lawsuits.

• In September 2009, patient Francisco Torres, 72, had his healthy kidney removed instead of his diseased one – leaving him with no working kidneys and painful dialysis treatments every three days for the rest of this life.

• Richard Flagg entered the hospital with a diseased and cancerous lung – but during the surgery doctors removed his healthy lung by accident. The man survived for three years with only his bad lung before dying of the medical malpractice mistake.

• Even though nurses had clearly labeled the correct operation site, an orthopedic surgeon operated on the wrong foot of a patient in Boston. It was the fifth wrong site surgery to take place in Massachusetts in as many months.

These types of medical mistakes have no place in our current health care system. The doctor/surgeon who makes such egregious errors should be held responsible for their misconduct.  

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, take a moment to review out our free consumer reports on the Top 10 Tips from a Medical Malpractice Insider and the Top 5 Surgical Errors You Must Know About. Our injury attorneys also host an extensive injury law video library on Youtube .We have offices based in Virginia Beach, VA and Elizaberth City, NC but we’ll come to you.  Our lawyers hold licenses in VA, NC, SC, WV, KY and DC. We provide this blog as a pro bono service.

PA


Surgical Tools Left Inside A Patient Can Cause Serious Health Problems

By John Cooper, VA/NC Medical Negligence Attorney

A study conducted by the Brigham and Women’s Hospital and Harvard School of Public Health found that 1,500 patients discover that a surgical instrument like a scalpel, scissors, sponges, etc. was left inside their body.

Laws are in place that impose the duty upon surgeons and their assistants to exercise reasonable care to make sure that before they end the surgery, any towels, sponges, and other surgical tools have been removed from the patient. Failure to do so can be considered a preventable mistake, and some sources of medical literature estimate that the average cost incurred by a patient who has a surgical tool/foreign object left in them exceeds $50,000. These preventable injuries frequently result in sepsis, which require lengthy hospitalizations and a number of additional surgeries.

Our law firm has experience handling these types of cases. We represented a woman in Richmond, Virginia (VA) who had a hysterectomy and later discovered a surgical sponge was left inside her body (she didn’t find this out until six months after the surgical procedure). This created a fistula in her bowel which required a subsequent bowel resection surgery. Fortunately, we were able to reach a successful settlement to help her with medical bills, lost wages, and pain and suffering.

Medical malpractice lawsuits filed in VA follow a two-year statute of limitations, although special exceptions may extend the medical negligence statute of limitations. One of these exceptions is when something is discovered some time later after an initial surgery or medical procedure, and this is called the “discovery rule.” When it applies, the “discovery rule” permits a suit to be filed within a certain period of time after the injury or illness is discovered, or reasonably should have been discovered. The discovery rule does not apply to all injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.

The Virginia discovery rule extension is still limited for medical negligence and you should consult a lawyer to get a fully overview of how to deal with a case that may involve something that you believe was “hidden” by the hospital, doctor, or surgeon (like a sponge or towel sewn up in your body, or a piece of a surgical tool left in a surgical site).

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, take a moment to review out our free consumer reports on the Top 10 Tips from a Medical Malpractice Insider and the Top 5 Surgical Errors You Must Know About. Our injury attorneys also host an extensive injury law video library on Youtube .We have offices based in Virginia Beach, VA and Elizaberth City, NC but we’ll come to you.  Our lawyers hold licenses in VA, NC, SC, WV, KY and DC. We provide this blog as a pro bono service.

PA