Thursday, 19 of October of 2017

Tag » personal injury

Family Of Girl With Cerebral Palsy Wins $130 Million Verdict Against Hospital

By Kevin Duffan, VA/NC Medical Malpractice Attorney

What Happened:

A major medical malpractice case in New York recently culminated with a $130 million jury award. The family from Long Island sued after they claimed their daughter’s delivery at a Long Island hospital resulted in her later developing cerebral palsy.

The jury that deliberated on the case found that the hospital, St. Charles Hospital and Rehabilitation Center, departed from accepted obstetrical practice in several important ways, ways that the jury found ultimately caused harm to the baby. These alterations from standard operating procedures resulted in a loss of oxygen to the young girl, Shannon Reilly.

Attorneys for the family now say that Shannon is unable to walk, speak, write or swallow without assistance from others. The girl required round-the-clock care for her serious injuries. The jury saw the severity of her injuries as justification for the massive award, one of the largest medical malpractice verdicts in New York history.

Despite the good news for the family, it was a very long road to this point. The case actually heated up in 2009 when the family’s attorney convinced them to reject an $8 million settlement offer from the hospital that was attempting to avoid going to trial. The family agreed and ended up losing the case. The loss was seen as so bad that the hospital’s attorneys mocked the failure in the press, laughing at them for turning down $8 million and then getting shut out of court.

Though it was difficult, the family and their attorney persevered and in 2011 the New York Appellate Court reversed the lower court decision, ordering a new trial. The second case ended in a hung jury and required a third trial, which began last month. Despite the years of struggling the fight appears to have been worth it.

The Virginia Injury Attorney’s Perspective:

Most children who have cerebral palsy have had it since birth, often due to a lack of oxygen to the brain. Sometimes this lack of oxygen is because of medical malpractice and delivery mistakes during labor or childbirth. In cases where medical malpractice has been linked to a child’s development of cerebral palsy, common causes include: the failure to properly detect or treat infections in the mother during pregnancy, the failure to properly monitor fetal heart rate before and during labor, the failure to plan for a cesarean section when a baby is too large to safely pass through the birth canal and negligence in using instruments like forceps in a delivery.

If you or a loved one has been the victim of a medical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer who has successfully handled similar med mal cases in the past. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients.

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a post discussing the importance of medical records in malpractice lawsuits:

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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.


Alleged Dentist Puts 7,000 Patients at Risk of HIV, Hepatitis

By Jim Lewis, Virginia (VA) Medical Malpractice Lawyer

We put a lot of trust into any medical professional when we walk into their office. Over 7,000 patients have been put at risk of contracting HIV and hepatitis after an Oklahoma dentist allegedlybreached their trust and violated protocol. To read the full story, follow the link to “Alleged Dentist Puts 7,000 Patients at Risk of HIV, Hepatitis”.

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.


Supreme Court Rules Against N.C. Claim of Malpractice Settlement

By Jim Lewis, North Carolina (NC) Medical Malpractice Lawyer

A family from Taylorsville, North Carolina (NC) took the state to the Supreme Court when state officials placed a lien for $933,333.33 on the family’s $2.8 million medical malpractice settlement. To find out the Supreme Court’s ruling follow the link to “Supreme Court Rules Against N.C. Claim of Malpractice Settlement”.

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.


Surgeon Operates on 4-Year-Olds Healthy Eye by Mistake

By Mark Favaloro, Virginia (VA) Medical Malpractice Lawyer

What Happened

In 2011 a surgeon operated on the healthy eye of a 4-year old. Now his parents are pursuing a malpractice claim against the hospital and surgeon that operated on the incorrect eye. In 2011, the eye surgeon was supposed to operate on their son’s right eye to stop it from wandering. According to the parents the surgeon started the operation on their son’s left eye then realized the mistake and repeated the same operation on the right eye. When they were notified they state the doctor stated, “Frankly, I lost sense of direction and didn’t realize I had operated on the wrong eye until I was done operating on the eye.”

Here is a news video about the surgical mistake and malpractice claim.

The hospital has offered $50,000 to settle out of court and to not publicly acknowledge the mistake. The parents however say they will still pursue a malpractice claim because they want to the surgeon and hospital to be held accountable and admit to their mistake.

The Virginia Personal Injury Lawyers’ Perspective

Though surgeons are well trained and often highly skilled, mistakes are still made and wrong site surgeries can occur. According to the latest statistics, officials estimate that wrong site surgery occurs 40 times a day in US hospitals and clinics. Wrong site surgery is a problem across the nation and only half of the 50 states are required to report mistakes made in surgery. Wrong site surgical errors can be devastating to a patient’s health and leave them with serious consequences such as unnecessary physical and emotional stress potentially causing other health complications, unnecessary tissue damage or depending on the procedure, amputation, and even possible need for otherwise unnecessary or extended physical therapy. If you or a loved one has been the victim of a surgical error or wrong site surgery, you should consult with an experienced Virginia (VA) medical malpractice lawyer for this type of medical malpractice lawsuit. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients.

Potentially Helpful Info

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

Learn more by reading through this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

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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.


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.


Medical Negligence Led to Birth Defects and Malpractice Suit

By Mark Favaloro, Virginia (VA) Personal Injury Lawyer

On a day that is supposed to be filled with joy and happiness one family suffers heartache and dismay when an obstetrician made an error in judgment and put a baby’s life at risk. To read the full story, follow the link to “Medical Negligence Led to Birth Defects and Malpractice Suit”

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.


Medical Malpractice Lawyer Shares Shocking Info about Retained Surgical Instruments

By Shapiro, Lewis, Appleton and Favaloro, Medical Malpractice Injury Lawyer

Many people think that a surgeon is duty-bound to state in the operation report if a surgical item was broken off or simply left inside a patient’s body. Wrong. There are no mandatory reporting requirements in operative reports about such incidents in Virginia and many states.  If a patient suffers complications, it’s basically a hide & seek game.  To learn more, read the story here…

“Hide & Seek” When Surgical Tools or Devices are Left Inside Patients

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.


Doctors Who Make Mistakes Often Ordered to Complete Continuing Medical Education

CME is being assigned as a disciplinary measure instead of license revocation.

By Jim Lewis, Carolina Medical Malpractice Attorney

My colleague Emily Brannon wrote recently on our firm’s Carolina personal injury website that continuing medical education, or CME, courses may prevent doctor misconduct leading to medical malpractice claims. Emily also notes that CME is being assigned as a disciplinary measure instead of license revocation.

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Cooper, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Admitting Medical Errors Can Improve Patient Safety

The American Academy of Pediatrics is encouraging its members to admit errors, assess mistakes and take lessons from what was done wrong.

By Randy Appleton, Carolina Medical Malpractice Attorney

My colleague Jim Lewis wrote recently on our firm’s Carolina personal injury attorneys’ website that a new policy statement from the American Academy of Pediatrics encourages pediatricians to promote safety when providing patient care by admitting mistakes, and then assessing errors to learn from them.

LC

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.