Monday, 23 of July of 2018

Tag » surgery

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.


$400,000 Settlement for Medical Negligence Victim Who Had Ureters Cut During Surgery

Jim's client was a retired police officer in Newport News, Virginia (VA) who went to her OB/GYN (i.e. obstetrician/gynecologist) due to abdominal pain. The OB/GYN decided she needed a hysterectomy, which is a procedure involving the surgical removal of the uterus and ovaries.

By John Cooper, Medical Malpractice Lawyer in VA

Fellow attorney Jim Lewis attained a $400,000 settlement for a client who suffered serious injuries after her OB/GYN severed her ureters during surgery. 

Jim’s client was a retired police officer in Newport News, Virginia (VA) who went to her OB/GYN (i.e. obstetrician/gynecologist) due to abdominal pain.  The OB/GYN decided she needed a hysterectomy, which is a procedure involving the surgical removal of the uterus and ovaries. 

During the procedure, the OB/GYN negligently severed the client’s ureter during the operation and did not realize he had done so.  As the client got sicker, it was determined that her ureter was injured and numerous surgical procedures were required to correct this injury.

Jim was able to establish that a simple and inexpensive test was available to the OB/GYN to determine whether he had inflicted an injury to the client’s uterer during the procedure which he chose not to perform. With this evidence, the doctor’s insurance company agreed to settle for $400,000.

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


Death Blamed on Liposuction, Anesthesia Complications Results in $20M Judgment

Even the most routine plastic surgeries carry risks for death. This gives every surgeon, nurse, technician and other member of a plastic surgery team the highest responsibilities to protect patients.

By James Lewis, Medical and Surgical Malpractice Attorney

A Pennsylvania (PA) appeals court on November 14, 2010, upheld a $20 million jury award to the parents of a teenager who died when, according to trial evidence, neither the plastic surgeon performing the procedure nor the assisting anesthesia nurse took appropriate actions when the patient experienced complications.

Amy Fledderman, 18, who lived near Philadelphia, died in the offices of plastic surgeon Richard Glunk and while under the care of nurse Edward DeStefano. The fatal operation took place in 2001. It was not scheduled for a hospital because, according to Fledderman’s parents, Glunk was unlicensed at the time and had lost hospital privileges.

During the liposuction, Fledderman suffered a punctured artery and an adverse reaction to anesthetics. The surgeon and nurse did not send the patient for advanced hospital treatment for several hours. This delay led to Fledderman’s death, a trail jury found in 2008. The verdict upheld last month included $15 million in punitive damages.

This sad case reminds me very much of a recent one involving a young Virginia Beach mother whose family received $1.95 judgment against a plastic surgery practice whose staff was found negligent in treating surgical complications.

Both the local tragedy and the one in Pennsylvania highlight two important lessons. First, plastic surgeries as routine as liposuction, breast augmentation and vein ablation (varicose vein treatment) are all surgeries. They carry serious risks and sometimes result in death.

That lesson highlights and reinforces the second: Surgeons, nurses, technicians and all members of the surgical team have every responsibility to protect patients from injuries before, during and after procedures are performed. When they fail to meet this duty of care, they must be held accountable.

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 is in Virginia Beach, Virginia (VA); 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.


Doctor Admits Making Medical Mistake During Hand Surgery

Records indicate that there were 137 preventable "wrong-site" surgical mistakes made in 2009, which is a jump from 93 reported "wrong-site" surgical errors in 2007. What is a "wrong-site" surgical error? It's when the doctor performs a procedure on the wrong body part.

By Jim Lewis, Medical Malpractice Lawyer in Virginia

A doctor made the mistake of performing a carpal-tunnel-release operation on a woman’s hand when she was admitted for a trigger-finger-release operation. This was a blatant medical mistake and it happens far too often in many hospitals across the country.

In fact, records indicate that there were 137 preventable “wrong-site” surgical mistakes made in 2009, which is a jump from 93 reported ”wrong-site” surgical errors in 2007. What is a “wrong-site” surgical error? It’s when the doctor performs a procedure on the wrong body part.

What makes this medical mistake case somewhat unique is that the doctor was contrite and readily admitted his error. He apologized to the patient and went so far as to detail the mistake in the New England Journal of Medicine, according to MSNBC. 

His story was illustrative of the conditions that routinely lead to a preventable medical error. For example, there was a sudden turnover of staff, the communication between hospital staff and the doctor was not clear, and a pre-surgery check was not conducted.

Unfortunately, in these types of medical negligence cases, the doctor tries to avoid admitting liability or even attempts to blame the mistake on someone else or just call the mistake a random accident that was out of the doctor’s control. It’s refreshing for a doctor to simply call the incident what is was – a preventable medical mistake. 

If a doctor apologizes for their medical mistake, should you consider not filing a medical malpractice claim? Of course not. I applaud any doctor who immediately admits their error, but that does not change the fact that you may have been seriously injured because of the mistake. A doctor’s apology does not equate to compensating a woman who had the wrong procedure done on her hand and may face a myriad of issues with her hand down the road.

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


Surgeon Performs Brain Procedure on Wrong Side of Patient’s Head

The patient’s parents realized this type of medical negligence was unacceptable and filed a medical malpractice lawsuit. At trial, the hospital’s insurance company tried to pin the blame solely on the at-fault doctor while neglecting the fact that hospital nurses and administrators failed to inform the patient’s parents about the full extent of the damage until months after the horrific surgical error.

By Jim Lewis, Medical Malpractice Lawyer in Virginia

A 19-year-old patient suffering from a seizure disorder went in for surgery to have faulty brain tissue removed. Unfortunately, this procedure was just the beginning of his nightmare.

The surgeon who operated on the patient removed brain tissue from the wrong side of his head. Yes, you read that correctly – he cut open the patient’s head and removed tissue from the exact wrong side.

The surgeon realized his medical mistake and proceeded to operate on the other side, but the damage had been done.

After the surgery, the patient’s condition only got worse. Not only did he continue to suffer from seizures, but he started suffering from psychotic delusions and deteriorating intelligence, according to the Commercial Appeal.

The patient’s parents realized this type of medical negligence was unacceptable and filed a medical malpractice lawsuit. At trial, the hospital’s insurance company tried to pin the blame solely on the at-fault doctor while neglecting the fact that hospital nurses and administrators failed to inform the patient’s parents about the full extent of the damage until months after the horrific surgical error.

Fortunately, a jury realized the pain this poor patient had been put through through and awarded him $20 million for damages.

I’m glad the jury sided with the patient. Blatant medical mistakes like the one in this case are simply unacceptable.  

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


Hospital Is At Fault For Causing Decubitus Ulcers, Pays $300,000

From John Cooper, Virginia Attorney

There is no excuse for a patient to develop decubitus ulcers (bedsores). Not when prevention takes so little time and effort—simply reposition the body in bed in regular intervals. Read about one woman’s experience in a Virginia (VA) hospital and why the hospital was found guilty of medical malpractice.


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.


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


Surgical Mistake Forces Woman to Wear Colostomy Bag for More than Two Months, Doctor Claims Mistake was “Acceptable”

Since when is causing a patient to have rectal bleeding and be forced to wear a colostomy bag “acceptable”? A jury did not buy this argument and awarded the victim $3,000,000. This will help cover the $125,000 in medical bills the victim racked up during her multiple surgeries and treatments.

By Jim Lewis, Medical Malpractice Lawyer in Virginia

A Winchester, Virginia (VA) woman went in for a vaginal hysterectomy and had her life turned upside down after a surgical error caused serious personal injuries. She endured months of corrective procedures and was forced to wear a colostomy bag because her doctor made a preventable medical mistake.

The negligent doctor performed a laparoscopically-assisted vaginal hysterectomy (LAVH) which includes the removal of the uterus. After the removal, the doctor stitched vaginal cuff to her rectum. Following the LAVH, the victim suffered post-operative symptoms including nausea, vomiting, tenesemus (i.e. the urge to have a bowel movement), hematochezia (i.e. bloody stool), and fever while admitted at the Winchester Medical Center, according to allbusiness.com.

It turns out the negligent doctor incorporated the rectal wall into the vaginal cuff repair and a line of continuous sutures were holding the vaginal tissue and rectal tissue together.

A corrective surgery was conducted to remove the sutures and repair at least two rectal lacerations. In order to divert the stool from the injured area of the rectum and allow healing to take place, the victim was forced to wear a colostomy bag for more than two months (approximately 75 days).During that time the victim suffered complications associated with the colostomy, including retraction, infection and stenosis (i.e. abnormal narrowing) of the stoma. The colostomy was then reversed. Because two operative incisions were made in the same location of the abdomen, the victim also suffered from two abdominal hernias, which were repaired through the placement of mesh in their abdominal area.

As you can tell, the victim’s life was turned upside down and she had to go through these nightmare procedures that drastically downgraded her quality of life. She decided to pursue a medical malpractice claim and retained a lawyer.

During trial, the negligent doctor called two witnesses who claimed that the doctor committed an “acceptable surgical error.”

Say what?

Since when is causing a patient to have rectal bleeding and be forced to wear a colostomy bag “acceptable”? A jury did not buy this argument and awarded the victim $3,000,000. This will help cover the $125,000 in medical bills the victim racked up during her multiple surgeries and treatments.

It’s good to hear a jury saw through the at-fault doctor’s weak argument and sided with the victim who was clearly wronged.


Infections Rampant in Many Same-Day Surgery Centers

Why are these centers disregarding so many basic infection prevention practices? Probably because the oversight of these facilities is equally lax. There were some centers in the study that hadn’t received an inspection in 12 years. This needs to change immediately. It’s obvious these centers cannot manage themselves properly.

By Jim Lewis, Medical Malpractice Lawyer

Over 5,000 outpatient same-day surgery centers were revealed to have lax infection standards and are putting patients at risk for contracting very serious illnesses, according to a study published in the Journal of the American Medical Association.

Many fundamental infection-prevention practices washing hands, wearing gloves and cleaning blood glucose meters were among the problems reported. There were even reports of clinics reusing devices meant for one person or dipped into single-dose medicine vials for multiple patients, according to WTOP.com.

The study found 67 percent of the centers, which were located in North Carolina (NC), Maryland (MD), and Oklahoma (OK) had at least one problem in infection control and 57 percent were cited for deficiencies. Just imagine if the study was expanded nationwide.

Why are these centers disregarding so many basic infection prevention practices? Probably because the oversight of these facilities is equally lax. There were some centers in the study that hadn’t received an inspection in 12 years. This needs to change immediately. It’s obvious these centers cannot manage themselves properly.

The findings in this study are shocking and there needs to be a complete overhaul at these outpatient surgical centers. People are getting sick, and possibly dying, needlessly because of the medical negligence in infection control and prevention. There is no excuse for what was discovered in this study. It’s just plain wrong.   

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, FL 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.