Wednesday, 23 of August of 2017

Tag » shapiro

Family Denied Fair Compensation After Son Has Arm Permanently Paralyzed During Birth

Jurors specified that $20 million was due for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

By Rick Shapiro, Birth Injury Attorney in Virginia

When a doctor assisting with the delivery of a boy in Greenbelt, Maryland (MD), twisted and applied undue force on the baby’s neck after the head emerged from the birth canal, the newborn sustained nerve damage that left his left arm permanently paralyzed. The damaged arm is also visibly shorter and less developed than the other one.

Six years after the botched delivery caused the boy the irreversible condition called shoulder dystocia, his parent succeeded in winning a $20.9 million civil jury award. Jurors specified that $20 million of the judgment represented compensation for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

The Virginia Birth Injury Attorneys’ Perspective

The family’s medical malpractice attorney, George S. Tolley III, told Maryland Lawyer that lowering the family’s noneconomic damage award was unjust. Because the boy will struggle all his life with an injury a more gentle or attentive doctor could have prevented, reducing the pain and suffering award to comply with an arbitrary cap treats the child unfairly.

I’ve argued elsewhere that caps on personal injury and medical malpractice awards violate plaintiffs’ constitutional rights. On July 31, 2012, the Missouri Supreme Court agreed with that conclusion, ruling that a 2005 state “law violated the right to a jury trial granted by the state constitution by capping noneconomic damages at $350,000 in lawsuits alleging that health care providers were at fault for injuries or deaths.”

Virginia recently raised its cap on noneconomic, pain and suffering awards, and several other states have revised or eliminated limits on jury awards. It may be too late for the boy with the paralyzed arm and his family, but I hope Maryland will soon remove its own unjust, unconstitutional malpractice cap.

Potentially Helpful Info

If you or a family member has been injured, paralyzed or made sick by a surgical error or a doctor’s negligence, you can begin to learn about your legal rights and options for pursing compensation by downloading this free report.

You can read about how lawyers with my Virginia-based personal injury law firm have helped families of children who suffered shoulder dystocia by clicking here.

Have Questions? Check Out our Firm’s FAQs.

You can find an extensive library of attorneys’ answers to frequently asked questions about medical malpractice, birth injury and surgical error cases.

EJL

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 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.


Suffolk, VA Teen Dies From Overdose of Fentanyl Supplied by Boyfriend

The tragedy once again highlights the need to, at the very least, restrict the use of potentially deadly medications to patients in hospitals.

By Jim Lewis, Dangerous Drugs Lawyer in Virginia

In his latest post to our firm’s Virginia Beach Injuryboard blog site, my colleague Rick Shapiro reports on the prescription painkiller overdose dose death of a teenager in Suffolk, VA. Rick argues that the tragedy once again highlights the need to, at the very least, restrict the use of potentially deadly medications to patients in hospitals who have no other effective treatment options. To read more, click over to “Dangerous Painkiller Fentanyl Claims Another Teen’s Life.”

 

Man arraigned in death of girlfriend: wavy.com

EJL

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.


Woman Awarded $15M Following Breast Cancer Misdiagnosis

By Mark Favaloro, Misdiagnosis Victim Attorney

Rick Shapiro, a Virginia medical malpractice attorney with the Shapiro, Lewis & Appleton law firm, recently wrote about a $15 million jury award for a woman whose breast cancer was not properly diagnosed by her doctor. To learn more, read “Doctor’s Failure to Diagnose Breast Cancer Leads to $15M Malpractice Award.”

MH

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.

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.


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.


Diagnostic Testing Communication Failures Could Be Cause for Malpractice

Not keeping patients fully informed puts their health and lives at risk.

By Randy Appleton, NC Medical Malpractice Attorney

My colleague John Cooper wrote recently on our firm’s Carolina personal injury lawyers’ website that failure to communicate clinical data from diagnostic testing could be a cause for medical negligence. Though doctors may be ordering more tests to ensure full medical care, not communicating test results affects patient safety.

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 (VA) and Carolina (NC/SC). Our medical/hospital malpractice focus on personal 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 our medical and doctor malpractice track record of success. 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 which fewer than 5 percent of outstanding lawyers receive.


Medical Malpractice Award Caps in North Carolina Explained

In the name of so-called tort reform, new laws limit how much victims of malpractice can recover in lawsuits.

By Randy Appleton, NC Medical Malpractice Lawyer

My colleague Richard Shapiro wrote recently on our firm’s Carolina personal injury lawyers’ website about new tort reform laws limiting how much victims of medical malpractice can collect in a medical negligence case in North Carolina (NC).  To learn more about what to you or a loved one can recover in a medical malpractice lawsuit, check out our case results.

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 (VA) and Carolina (NC/SC). Our medical/hospital malpractice focus on personal 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 our medical and doctor malpractice track record of success. 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 which fewer than 5 percent of outstanding lawyers receive.


Women Sue West Virginia OB/GYN for Implanting Devices Without Consent

Both plaintiffs are seeking compensatory and punitive damages for mental and physical pain and suffering.

By Jim Lewis, Virginia Medical Malpractice Attorney

My colleague Emily Brannon has reported on our firm’s Virginia personal injury lawyers’ website that a West Virginia (WV), OB/GYN has been sued by two different patients for implanting a medical device without the patients’ knowledge or consent. Both women are seeking compensatory and punitive damages for mental and physical pain and suffering.

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.


Most Doctors Will Face a Malpractice Suit

Surgeons faced more claims than other specialists but did not always pay the most in verdicts or settlements

By Jim Lewis, Virginia Medical Malpractice Attorney

My colleague John Cooper has written on our firm’s Virginia personal injury lawyers’ website that three-quarters of doctors are sued for malpractice at least once during their medical careers. Though surgeons faced more claims than other specialists, they did not always pay the most in verdicts or settlements to injured patients or surviving family members.

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.