Thursday, 19 of October of 2017

Tag » surgical

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 Perforated Man’s Colon Ordered to Pay Injured Patient $2M in Damages

A Philadelphia jury determined that during separate surgeries, the physicians made errors that caused the man's lower intestine to tear and rupture.

By John Cooper, Surgical Error Attorney in North Carolina

A Pennsylvania (PA) man who twice had his colon perforated because the doctors performing a colonoscopy and a reparative surgery made errors has won a jury verdict in his medical malpractice lawsuit against the physicians and is set to receive damage awards totaling $2 million.  In both instances, the doctors overinflated the victim’s lower intestine, increasing the internal pressure in the man’s bowels so much that the walls of the colon tore and burst.

A perforated colon or cut intestine can be a deadly surgical error. Bacteria and waste matter leaking from the wound can quickly cause an irreversible and fatal infection. Internal bleeding can also put a patient’s life at risk. In the case just concluded in Pennsylvania, the patient had to have 2 feet of his colon and intestine permanently removed.

The plaintiff’s lawyer, Roy DeCaro of Philadelphia, strengthened his case by calling medical and surgical experts to testify that the defendants had not met the standard of care they owed to the patient. As a medical malpractice and surgical error attorney myself, I know how important presenting medical evidence is in such cases. I congratulate DeCaro and hope the award to the injured patient will make his life easier.

EJL

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.


Surgical Mesh Safety Reviewed After Patients’ Deaths and Injuries

A U.S. Food and Drug Administration advisory panel is reviewing whether the surgical mesh should be more closely regulated.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Medical Malpractice Attorney

My colleague Jim Lewis has posted a new blog to our Virginia personal injury lawyers’  website about increased concerns over the use of surgical mesh used to treat pelvic organ prolapse in women. A U.S. Food and Drug Administration advisory panel is reviewing whether, in light of multiple reports of patient injuries and deaths, the surgical mesh should be more closely regulated.

DM

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.


Woman Who Can’t Close Her Eyes Launches Medical Malpractice Lawsuit Against Plastic Surgeon

By Rick Shapiro, Virginia Surgical Error Attorney

When plastic surgery goes wrong the consequences can be serious or even deadly.

But few medical malpractice cases that have led to lawsuits are stranger than that of a woman from New Jersey (NJ) who claims she cannot close her eyes even when she sleep. Now she is suing the plastic surgeon who operated on her, the Daily Mail reported.

Marilyn Leisz, from New Jersey (NJ), said she went to the doctor to have a procedure to correct bumps on her eyelids from a surgery performed by another doctor. She says she was left unable to close her eyes and has launched a medical malpractice lawsuit against the surgeon.

This distressing case illustrates what can happen when plastic surgery apparently goes badly wrong.

There is a misconception out there that plastic surgeons only work for supermodels and celebrities. That is not the case. Many plastic surgeons specialize in reconstructive surgery aimed at helping victims of car crashes, truck wrecks, ATV accidents and burn victims.

As plastic surgery becomes a more popular procedure the numbers of complaints and lawsuits have increased in recent years.

Take, for instance, the case of Dr. Paul Drago, who recently had his license to practice medicine in North Carolina (NC) revoked indefinitely after ten different medical malpractice claims were filed against him. Drago, who is trained to be a ear, nose, and throat doctor, had been performing plastic surgeries on patients, many of which involved permanently disabling surgical errors.

Sometimes a botched plastic surgery or side effects from it can have tragic consequences.  As experienced Virginia (VA) medical malpractice attorneys, we often see the downside of plastic surgery and how seemingly routine procedures can go badly wrong.

Last year we reported on a Virginia wrongful death lawsuit into how the mistreatment of a plastic surgery complication led to the death of a woman from Virginia Beach, VAThe family of the 36-year-old woman who died less than two days after undergoing outpatient cosmetic surgery recently received a wrongful death damage award of $1.95 million when a court in Virginia Beach determined that the surgeon and his clinic staff did not provide adequate follow-up care to the woman.

According to a report in the Virginian-Pilot, the mother of four underwent a breast lift and augmentation, liposuction and other routine plastic surgery procedures on July 30, 2008. She was dead in her home 40 hours later after the staff at Galumbeck Plastic Surgery failed to diagnose, treat or ensure hospital treatment for an adverse reaction or postsurgery infection that affected her breathing and rendered her feverish, dizzy and unable to concentrate.
Plastic surgery malpractice errors can lead to a wide range of serious injuries not to mention emotional damage. They can lead to scarring, infections, deformities, nerve damage, and even permanent disabilities or death. Increasingly they are leading to medical malpractice lawsuits in Virginia.

If you need help with an issue related to plastic surgery or another medical problems call our experienced medical malpractice attorneys.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and 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 o 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 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.


Cut and Perforated Bowels or Ureters Can Cause Life-Threatening Injuries

If a surgeon negligently cuts/perforates one of these vital organs, a patient can suffer serious injuries, and may even develop sepsis, a life-threatening condition. Why are cuts/nicks/perforations to organs so dangerous? Because this may lead to an opening that allows the contents of a patient’s bowel and/or stomach to spill out into the patient’s abdomen. It’s awful to visualize such an occurrence, but cut/perforated organs are not uncommon.

By Jim Lewis, VA Medical Malpractice Lawyer

Surgeons who perform medical procedures like hysterectomies or abdominal surgery, must take great care to avoid cutting, nicking or entirely perforating (meaning damaging by cutting) the patient’s bowel, colon or ureter.

If a surgeon negligently cuts or perforates one of these vital organs, a patient can suffer serious injuries, and may even develop sepsis, a life-threatening condition. Why are cuts/nicks/perforations to organs so dangerous? Because this may lead to an opening that allows the contents of a patient’s bowel and/or stomach to spill out into the patient’s abdomen. It’s awful to visualize such an occurrence, but cut/perforated organs are not uncommon.

We recently represented a client in Newport News, Virginia (VA) who suffered a medical malpractice injury by her obstetrician/gynecologist during a hysterectomy. The OB/GYN performed the procedure laparoscopically thereby avoiding having to make a large abdominal incision. The problem with laparoscopy is that the ability to see the operative field is somewhat limited. The OB/GYN negligently cut our client’s ureter during the operation and did not realize he had done so. As our client got sicker, it was determined that her ureter was injured and numerous surgical procedures were required to correct this injury. We were able to show that the OB/GYN could have avoided this medical error injury with a simple, inexpensive test. This led to a $400,000 settlement for our client.

If you or a loved one suffered a cut or perforated organ like a ureter, colon or bowel, consult an attorney right away. In many instances, this type of injury could have been prevented if the surgeon had been more careful.

To learn more about surgical errors, check out this free consumer report listing the top 5 surgical errors that occur far too often:

Don’t Become a Victim: Top 5 Surgical Errors to Be Aware Of Before Surgery

Also, take a moment to review our FAQs about medical malpractice and surgical mistakes:

  • What is the Virginia statute of limitations for personal injury in a medical malpractice case?
  • What is the Virginia Medical Malpractice Cap and What Does It Mean to a Patient Injured by a Medical Mistake?
  • Is there a way to check out my doctor or surgeon before choosing one?

PA

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.


Physician Burnout Could Lead to Higher Risk of Patient Injuries and Medical Mistakes

The Institute of Medicine performed a study which revealed preventable medical errors killed as many as 98,000 people every year in the United States. That is unacceptable, especially if some of those medical errors were due to a physician or doctor working long hours.

By John Coooper, Medical Malpractice Lawyer

According to a recent study, “physicians, and particularly residents (who usually carry larger workloads), were at higher risk of burnout than nurses and other personnel,” according to the Los Angeles Times.

In addition, research conducted at Northwestern found that roughly “half of the anesthesiologists surveyed, 55 doctors in all, were deemed to be suffering from “high burnout” or “moderately-high burnout.”

Dr. Tait Shanafelt, a Mayo Clinic hematologist, highlighted the troubling fact that “burnout is associated with malpractice suits.” This correlation makes sense. If a physician or doctor is tired, irritable, or drowsy they are more prone to make medical mistakes that could seriously injure patients.

The Institute of Medicine performed a study which revealed preventable medical errors killed as many as 98,000 people every year in the United States. That is unacceptable, especially if some of those medical errors were due to a physician or doctor working long hours.

All physicians and doctors must be responsible and take the necessary steps to prevent burnout. Why? Because is a doctor or physician seriously injures a patient and a medical malpractice claim is filed against them, the excuse of being tired probably will not prevail in court. In fact, this reason  for medical errors is the type of explanation that the best VA medical malpractice lawyers should look for to have a jury understand why a qualified and experienced physician or surgeon might make a glaring error resulting in permanent and catastrophic harm to a patient.

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.


Sentara Mergers Raise Concerns for Patient Safety

Medical mistakes, misdiagnoses, surgical errors and patient neglect can increase when hospital staff are compelled to care more about their facility's bottom line than about caring for patients.

By Jim Lewis, Virginia Medical Malpractice Lawyer

When you hear the word “merger,” you probably, like I do, also hear words like “layoffs,” cost-cutting” and “new management.” Those last three words in hospitals can mean fewer doctors, nurses and other health care staff. They can also mean putting pressure on every employee of one or both merged hospitals to do more with less — less time with patients, less time- and equipment-intensive surgical procedure, less attention to monitoring bed-bound patients or maintaining antiseptic conditions to prevent hospital-acquired bedsores and infections … .

In short, medical mistakes, misdiagnoses, surgical errors and patient neglect can increase when hospital staff are compelled to care more about their facility’s bottom line than about caring for patients.

Sentara, based in Norfolk, Virginia (VA), will soon have nine other hospitals within its system throughout Virginia and North Carolina (NC). Just since 2009, Sentara has completed or announced mergers with private community facilities in Woodbridge, VA, Rockingham County, VA; and Charlottesville, VA.

That latest deal involves Martha Jefferson Hospital, and Sentara promised no layoffs when announcing the planned merger in late September 2010. The hospitals’ chief executives also assured that management would remain local and the decision to combine operations with Sentara represented the desire to provide improved care through the wider use of technologies such as electronic health records and broader access to medical specialists.

For the sake of Martha Jefferson patients, I hope they was correct. Health care providers — be they physicians, surgeons, nurses, technicians or pharmacists — can never find themselves in a situation of putting profits before patients.

EJL

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.


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


Study Highlights Continued Prevalence of Surgical Mistakes

Of the 27,370 incidents reported to them in the study, there were 107 operations performed on the wrong body part and 25 surgeries performed on the wrong patient.

By Jim Lewis, Medical Malpractice Lawyer in Virginia (VA)

A recent study entitled, “Wrong-Site and Wrong-Patient Procedures in the Universal Protocol Era” revealed surgeons continue to make an unacceptably high number of preventable mistakes.

Of the 27,370 incidents reported to them in the study, there were 107 operations performed on the wrong body part and 25 surgeries performed on the wrong patient. These numbers may appear small in the grand scheme of things, but keep in mind that these types of medical errors are considered “never events”. Clearly, 132 events that are never supposed to happen is far too high a number.

These numbers are even more disturbing given that safety measures were put in place back in 2004 known as “universal protocol.” These measures were meant to streamline certain surgical procedures so the chances of a blatant surgical error, like leaving surgical instruments inside a patient, were cut down.

It looks like much more work needs to be done.

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


Cut/Perforated Ureter, Colon, or Bowel – A Preventable Surgical Mistake

My colleague Jim Lewis just published a new article about the serious risks associated with a cut/perforated ureter, colon, or bowel. This type of medical error can be life threatening. In fact, Jim is handling a case where a woman lost her life after having her bowel perforated by a surgeon. To learn more, read this article…

Routine Women’s Medical Procedures Carry Major Risks of Death and Life Threatening Sepsis From Cut/Perforated Ureters, Bowels, Colons