Thursday, 19 of October of 2017

Tag » surgical error

Da Vinci Robot Injury Information

By Jim Lewis,Virginia Medical Malpractice Injury Attorney

Our firm published an article on the disturbing sales techniques used by sales representatives for the da Vinci surgical procedure robot. Many doctors were pressured to use the da Vinci robot, even when many had very little training with the device. To learn more, check out the article here…

Aggressive Da Vinci Robot Sales Reps May Have Contributed to Patient Injuries

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.


Serious Medical Malpractice “Never Events” Occur 80 Times a Week

By Jim Lewis, Medical Malpractice Lawyer in Virginia

Our firm published an article on so-called “never events”. These are events that occur during a surgical procedure that are considered unacceptable and an exemplar of medical negligence. For example, leaving a sponge inside a patient’s body. Unfortunately, these events are occurring quite frequently each week in the United States. To learn more, read the story here…

Medical Malpractice Alert – So-Called “Never Events” Happen Quite Frequently in Hospitals

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.


Surgical Error Causes Loss of Leg for Physician

By Mark Favaloro, Medical Malpractice Attorney

What happened:

A recent story in the New York Times shows not only how the results of medical errors can have tragic consequences years later, but that these types of accidents can happen to anyone. Almost twenty years ago, Frederick Southwick had surgery on his left Achilles’ tendon. In order to prevent bleeding during the procedure, a pressurized cuff was placed above his knee to cut off the blood flow.

But last July, Southwick began experiencing incredible pain in his left calf. Doctors discovered that during his Achilles’ tendon surgery, the cuff was left on too long, causing injury to the arteries. Over the years, the vessels progressively scarred and calcified, and that eventually blocked all blood flow to his lower leg. Two months later, his leg had to be amputated.

Southwick refers to the loss of his limb as a preventable error. Ironically, he is a professor of medicine at the University of Florida and his focus of study over the past two decades has been preventable errors in health care. He describes loss of his leg as traumatic and struggles over that loss, as well as the pain and rehabilitation of learning to use a prosthetic leg. His medical career has also been put on hold because of the situation.

 

The Virginia Injury Lawyer Perspective:   

Dr. Southwick references a study that determined how many deaths are due to medical error each year which was conducted by the Institute of Medicine a decade ago. The data compiled from that study revealed there were 44,000 to 98,000 deaths per year because of preventable errors in the American health system. The study also found that for every death there are likely to be at least ten serious injuries, concluding that roughly a million patients are seriously injured each year.

Our law firm has represented dozens of clients who have been victims of physicians’ errors and mistakes. Medical malpractice victims should consult with a Virginia personal injury lawyer to find out what compensation they may be entitled to for their pain and loss.

 

Potentially Helpful Info:

Our firm published an article detailing an innovative way on how to cut down on preventable medical mistakes. Read it here.

Have Questions? Check Out Our Firm’s FAQs:

Medical malpractice FAQs

 

 

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.


Article Discusses the Prevalence of Preventable Medical Mistakes

By Randy Appleton, Virginia Medical Malpractice Lawyer

About 25 percent of all hospitalized patients will suffer a harm due to a preventable medical error of some kind. Yes, you read that correctly. A recent news article highlighted the shockingly high number of preventable medical errors that take the lives of thousands of innocent patients. To learn more, read the story here…

Preventable Medical Errors are a Major Problem

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 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. 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 practicing attorneys receive.


Cerebral Palsy Due to Birth Injury Results in $103M Jury Award

The girl was left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery.

By Shapiro, Lewis, Appleton and Favaloro, Birth Injury Attorney in Virginia

In a new blog post to our Virginia personal injury lawyers’ website, attorney Mark Favaloro reports on a major jury award to a girl left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery. To read more, click over to “Birth Injury Resulting in Cerebral Palsy Results in $103M Malpractice Award.”

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.


Family of Boy Permanently Disabled by Drug Pump Malfunction Receives $24.2M Malpractice Award

The family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement and because of a complicated system of damage caps.

By Mark Favaloro, Surgical Error Victims’ Attorney

When an electronic I.V. drug infusion pump malfunctioned at a Louisiana (LA) outpatient surgery clinic and flooded the body of a 3-year boy with the adrenalin-like medication epinephrine, the child went into cardiac arrest. The resulting lack of blood flow and oxygen to his brain (i.e., hypoxia) left him permanently disabled.

Six years later, the injured boy’s mother won a $24.2 million jury award against the companies that made the infusion pump and the health care facility where the surgical error occurred. NOLA.com has explained, however, that the family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement for a confidential sum before the medical malpractice trial began. The award will also be reduced because of a complicated system of damage caps put in place by the state government and administered by a group called the Louisiana Patients Compensation Fund.

 

 

The Virginia Medical Malpractice Lawyer’s Perspective

Even though I practice medical malpractice and surgical error law primarily in Virginia (VA), I’m writing about this Louisiana case because it illustrate how complicated holding defective medical equipment manufacturers and negligent hospitals and clinics can be.

This family filed claims against two corporations, a health care facility, the company that sold the malfunctioning machine and the representative who serviced the device and other defendants. Even after confronting and succeeding against each of those parties’ defense lawyers, the family, whose son will require an estimated $20 milling in lifetime medical and personal care, then had to navigate a state system stacked against medical malpractice plaintiffs.

I congratulate the attorneys who battled on behalf of the injured boy and his family.

Potentially Helpful Info

If you or a family member has been harmed by a surgical error, you can begin to learn about your legal rights and options for holding the responsible parties accountable by downloading this free report written by medical malpractice lawyers.

Have Questions? Check out Our Firm’s FAQs.

You can learn more by reading through this online library of attorneys’ answers to frequently asked questions regarding medical malpractice and surgical error lawsuits.

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.

 


Family Receives $21M Award After Botched Delivery Left Son With Cerebral Palsy

The total represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering.

By Mark Favaloro, North Carolina Birth Injury Attorney

A family who argued that their now-9-year-old son developed cerebral palsy as the result of a botched delivery at a Baltimore, Maryland (MD), hospital won a $21 million civil jury birth injury award on August 1, 2012.

Evidence presented during trial by attorneys from the law firm Wais, Vogelstein & Bedigian convinced jurors that doctors and nurse committed errors in not detecting that the baby was deprived of oxygen while his mother was in labor. Standard practice calls for performing an emergency Caesarean section when hypoxia occurs.

The award represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering. Maryland state law requires the judge to cap the noneconomic compensation at $650,000.

The North Carolina Birth Injury Lawyer’s Perspective

Cerebral palsy, or CP, is a brain injury that often develops when a baby’s oxygen supply is cut off during labor and delivery. The physical and mental effects of the condition vary by individual from barely noticeable to profoundly disabling. For the boy in Maryland, having CP means he is confined to a wheelchair, has only limited control of his arms and hands, and is in full command of his mental faculties. As one of the child’s legal representatives described the boy’s situation, his mind is “literally trapped inside his body.”

The defense team has denounced the jury’s decision as inexplicable and promised to appeal. As a longtime personal injury attorney whose Virginia (VA) firm has represented many families whose children suffered birth injuries, I hope the appeal never materializes. Nothing can restore the health and function the boy in Maryland should have enjoyed. The monetary award at least provides him and his parents financial security and the means to meet his physical and medical needs now and in the future.

Potentially Helpful Info

If you are a parent whose child has been injured due the negligence, recklessness or willful actions of another person, you can begin to learn about your legal rights and options for claiming compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

My firm also maintains an extensive online library of lawyers’ answers to frequently asked questions regarding medical malpractice, surgical error and birth injury 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.


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.


South Carolina Jury Awards $2.4M to Widower in Surgical Wrongful Death Case

The man's wife died after suffering a perforated bowel while undergoing gynecological surgery.

By Jim Lewis, Carolina Surgical Error Victims’ Lawyer

In his latest post to our Carolina personal injury attorneys’ website, my colleague Mark Favaloro reports on multimillion dollar wrongful death award for a South Carolina (SC) man whose wife died after suffering a perforated bowel while undergoing gynecological surgery. To read more, click over to “Wrongful Death Following Surgery Results in $2.4M Medical Malpractice Award in South Carolina.”

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.


Negligent Care Following Gastric Bypass Surgery Leads to $178M Award for Patient Who Suffered Stroke

The award represents $168 million for past and future medical care expenses and $10 million in punitive damages -- a financial punishment intended to keep the hospital and health professionals from making similar mistakes and harming future patients.

By Mark Favaloro, Surgical Error Victims’ Attorney

A Florida (FL) jury awarded a man who became permanently disabled by a stroke following gastric bypass surgery $178 million in a civil medical malpractice lawsuit that concluded in late January 2012. Jurors found that the man’s surgeon, doctors and nurses failed to notice signs and symptoms of transient ischemic attacks — low-flow strokes, or TIAs – and that the misdiagnosis of his internal bleeding led to the full shut down of blood flow to the man’s brain.

The award represents $168 million for the surgical error victim’s past and future medical care expenses and $10 million in punitive damages — a financial punishment intended to keep the hospital and health professionals involved in the botched surgery and negligent postoperative care from making similar mistakes and harming future patients.

Unsurprisingly, Memorial Hospital has filed an appeal of the verdict. As a Virginia (VA)-based medical malpractice attorney, I hope a judge will quickly dismiss the health care facility’s petition to have the injured patient’s case retried. The man, who had been a sheriff’s deputy, is nearly blind,  confined to a wheelchair for the rest of his life and suffers from brain damage so severe that he is unable to care for himself. The man requires a lifetime of expensive care for everything from preventing infections to performing daily hygiene tasks like bathing. Refusing to compensate him and his family for their losses and lifelong struggles would go beyond an injustice.

Surgical errors and missed diagnoses leave patients in worse health than when they first sought treatment from doctors, nurses and surgeons. That should never be the outcome for anyone.

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.