Wednesday, 23 of August of 2017

Tag » wrongful death

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

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

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

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


New Study Finds Many COPD Patients Are Being Prescribed Dangerous Drugs

By Mark Favaloro, Medical Malpractice Injury Lawyer

What happened:

The publication Drugs and Aging recently reported on a Canadian study that found that a popular class of drugs commonly used to treat sleep and mood symptoms are still frequently prescribed to patients who suffer from chronic obstructive pulmonary disease (COPD) despite being known to have potentially life-threatening side effects. The drugs are referred to as benzodiazepines and include medications such as Ativan, Klonopin, Serax, Valium and Xanax.

COPD involves constriction of the airways, leaving the patient with difficulty or discomfort in breathing, such as emphysema and chronic bronchitis. Many COPD sufferers are being prescribed benzodiazepines for symptoms of insomnia, depression, anxiety and shortness of breath.

But benzodiazepines are known to potential respiratory-related side effects, affecting breathing ability and oxygen levels at night. These drugs also affect memory loss, decrease alertness, cause falls and increase the risk of motor vehicle accidents. More alarming is that researchers discovered that 35.4% of new use of benzodiazepines occurs during an exacerbated episode of COPD.

Dr. Nicholas Vozoris, a respirologist and lead author of the study said, “These findings are new and they are concerning because they tell us that the patients most at risk to be affected by the adverse effects of this drug are the same ones that are using it with the most frequency.”

 

The Virginia Injury Lawyer Perspective:  

There are many drugs on the market that cause serious side effects, particularly in those patients they claim to help. It’s disturbing that physicians would be prescribing benzodiazepines to COPD patients who are at a high risk of experiencing those dangerous side-effects. Our personal injury law firm has reported on other dangerous drugs which have had tragic consequences for many patients.

Our personal injury lawyers have also represented many clients in dangerous drug and medication cases. Tragically, some of those incidents were wrongful death cases. If you or a family member has suffered serious side effects caused by a dangerous drug, contact a Virginia personal injury attorney.

 

Benzodiazepines can be dangerous for patients who suffer from COPD.

 

 

 

 

 

 

 

 

 

 

 

Helpful Info: 

If you or a family member has been injured by a defective or dangerous drug, you can begin to learn about your legal rights and options by reading this article.

 

Have Questions?

We maintain a library of attorneys’ answers to frequently asked questions regarding defective or dangerous drugs.

 

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


Surgeon’s Mistake Leads to Death and $1.4 Million Malpractice Claim

By Jim Lewis, Virginia (VA) Personal Injury Lawyer

We put a lot of trust into medical professionals to take care of use or our loved ones, but these same professionals are human and make mistakes. When these mistakes occur during surgery the consequences can become very serious. In a recent jury verdict a surgeon was guilty of malpractice after his actions caused an injury to a patient that went undetected for too long and inevitably led to the patient’s death. To read the full story,go to http://www.sltrib.com/sltrib/news/55969909-78/grover-hospital-friedli-complaint.html.csp

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


Withholding Emergency Medical Treatment for Inability to Pay Can Be Illegal in Virginia

In 1986, the Emergency Medical Treatment and Active Labor Act (EMTALA) was passed by Congress. This act made it against the law for a medical facility to refuse treatment in an emergency situation because the patient was unable to pay. This law is still in effect today, and it covers all types of emergency medical situations, including women who are in active labor. However, some patients are still being denied medical treatment because of an inability to pay, suffering personal injury or even wrongful death as a result.

This appears to have happened to a man in Louisiana who had a heart attack in November 2012. The man went to one medical center where one of his arteries was cleared before he was transported to Ochsner Clinic in Louisiana. The clinic determined a heart transplant was ultimately necessary, but that another device would need to be implanted to keep him alive until then. After they had committed to doing the surgery, and as his health continued to decline, the clinic found out payment for the surgery had been denied, and they postponed the implant. Allegedly, this denial of treatment caused serious damage to his heart and ultimately his death.

The victim’s survivors filed a wrongful death lawsuit in January, 2013 seeking compensation for numerous items, including lost wages, medical expenses, and loss of enjoyment of life and companionship.

While this particular incident occurred in Louisiana, this type of medical malpractice could just as easily have happened in Virginia. It is similar to a failure to diagnose case in that the patient lost his life because the proper action was not taken. Jim Lewis, one of our Virginia medical malpractice attorneys, fought hard to win a $700,000 jury verdict on behalf of the family of a victim who died as a result of the ER doctor’s failure to diagnose a fatal heart issue.

The Emergency Medical Treatment and Active Labor Act does not apply in all situations, so if you think you or a family member have been the victim of this type of medical malpractice, it is important to speak with a VA medical malpractice attorney as soon as possible to determine what action should be taken. This type of case has a statute of limitations that limits the amount of time one has to file a claim.

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.

MH


Wrongful Death Lawsuit Filed in Virginia Medical Malpractice Case against Hampton VA Medical Center

An attorney with the Shapiro, Lewis & Appleton law firm wrote about a recent medical malpractice lawsuit in Virginia. A woman is suing the Hampton VA Medical Center because a doctor there allegedly prescribed four months of an antipsychotic drug to her sister who then overdosed. To learn more read Virginia Woman Files Medical Malpractice Suit against VA Hospital for Sister’s Overdose.

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.

mh


Fire Ignites at Hospital Killing Patient and Injuring 3 Others

By Kevin Duffan, Medical Malpractice Lawyer

Sparks during a defibrillation procedure on a patient at Durham Regional Hospital ignited a fire that killed the man and injured three other people. A hospital spokesperson said the fire was contained to one room. To learn more, read full story here. . .

NC Hospital Fire Caused by Defibrillation, Kills Patient, Injures 3 Others

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.

 


Fatal Nursing Home Fall Results in $1.5 Jury Award to Victim’s Family

By Shapiro, Lewis, Appleton and Favaloro, Nursing Home Neglect Attorney

In a new blog post to our firm’s Virginia personal injury lawyers’ website, my medical malpractice attorney colleague Mark Favaloro reports a wrongful death lawsuit brought against the long-term care facility by the adult children of a woman who suffered fatal injuries in a fall at the nursing home. To read more, click over to “Family Whose Mother Died Falling Nursing Home Fall Receives $1.5M Jury 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.


Extreme Heat, Lack of AC May Have Killed South Carolina Nursing Home Resident

The 85-year-old passed away in Easley, SC, on a day when temperature reached 105 degrees Fahrenheit.

By Mark Favaloro, Carolina Nursing Home Neglect Attorney

People across the nation are dealing with record-high temperatures. Unfortunately, some are less able to deal with the heat than others. That was most likely the case in Easley, South Carolina (SC), on June 30, 2012 at Majesty Health and Rehab.

 


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It appears that one of the air conditioners in the nursing home was not working properly or at all when 85-year-old Eloise Arnold collapsed and later died at Baptist Easley Hospital. Relatives who visited Arnold earlier on the day her death stated residents’ room had no AC units then but were installed the following day.

My condolences go out to Arnold’s family. It is hard to lose a loved one, especially when it is possible that their passing could have been avoided. If it is determined that the nursing home was negligent in not providing ways to keep every resident cool in the oppressive heat, Arnold’s children may wish to file a wrongful death claim on her behalf.

Money will not bring her back, but a lawsuit may protect the remaining residents of the nursing home by encouraging the owners and employees to make sure the health and safety of the residents — rather than the bottom line — is always the home’s top priority.

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.

 


Medical Malpractice Suit Filed Following Death of West Virginia Man

His doctor and staff at two medical facilities allegedly ignored and failed to follow up on diagnostic tests showing life-threatening problems

By Shapiro, Lewis & Appleton, Medical Malpractice Attorneys

The widow of a Boone County, WV, man who died from liver failure after his doctor and staff at two medical facilities allegedly ignored and failed to follow up on diagnostic tests showing life-threatening problems has filed civil claims for compensation. To learn more, read “West Virginia Wrongful Death Medical Malpractice Lawsuit Alleges Liver Disease Misdiagnosis.”

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.


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.