Posted on January 01, 2017 in Medical Malpractice

Recently, a Prince George’s County, Maryland jury returned a verdict of $20.9 million in a lawsuit brought by the parents of a minor child who suffered a left brachial plexus injury with nerve root disruption during his delivery that was complicated by shoulder dystocia. The term “shoulder dystocia” describes a circumstance in which, after the delivery of the baby’s head, the front shoulder of the infant will not pass below the mother’s pubic symphysis and/or requires significant manipulation to get it to pass below the pubic symphysis. Shoulder dystocia is considered an obstetrical emergency because fetal death can occur if the baby is not delivered timely due to the umbilical cord getting compressed while in the birth canal or wrapping around the baby’s neck and suffocating him/her. Shoulder dystocias typically occur in roughly 1% of all pregnancies. Certain well known risk factors include maternal diabetes, fetal macrosomia (large babies) and maternal obesity. Recurrence rates in subsequent pregnancies are actually relatively high as well according to recent studies discussing this phenomenon.

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 Posted on January 01, 2017 in Medical Malpractice

An Illinois woman recently received a $14.9 million dollar settlement against her endocrinologist, nephrologist and hospital at which she was being treated when she began experiencing complications associated with her diabetes insipidus. Upon arriving at the hospital, the woman’s lab studies revealed that her sodium levels were critically elevated, a level that apparently went unnoticed and/or untreated. Over the course of several days, however, her physicians failed to monitor these levels or make changes to her care plan despite symptoms that included dizziness, sweating, vomiting and diarrhea. The woman’s sodium levels continued to climb to dangerously high levels and she lapsed into a coma and was subsequently diagnosed with permanent brain damage due to metabolic acidosis and central pontine myelinolysis. She now requires round-the-clock nursing care that will inevitably cost her family hundreds of thousands of dollars over the course of her lifetime. The woman’s lawsuit simply alleged that the health care providers failed to properly monitor her sodium levels, something that could easily have been prevented had the hospital had in place certain protocols that would mandated such vigilance and/or the nurses and other health care providers maintained their vigilance over the woman’s deteriorating condition.

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 Posted on January 01, 2017 in Medical Malpractice

Every year, numerous patients in hospitals across the country have naso-gastric (“NG”) feeding tubes inserted for a variety of reasons, including situations in which a patient is unable to eat independently because they are on a ventilator or they are simply unable to tolerate solid foods. In every instance, however, it is critical that the feeding tube is inserted properly; i.e., that it terminates into into a patient’s stomach and, does not in any circumstance, be erroneously placed into either of the patient’s lungs. In another common occurrence, a patient may dislodge or partially dislodge their NG tube requiring reinsertion. If the health care provider is not careful, he or she may mistakenly reinsert the NG tube into the lung as opposed to the stomach region. In either of these circumstance, when the tube feeding is resumed, the food will obviously pass into the patient’s lung as opposed to the stomach, likely resulting in an aspiration (“going down the wrong pipe”). This is a classic example of medical negligence or medical mistake that is easily preventable. The consequences depend on the volume, chemical composition, particle size, and infectious agents contained in the food, as well as the underlying health status of the patient. People with significant underlying disease or injury, and in particular hospitalized patients who are on ventilators to assist their breathing, are at an increased risk for developing respiratory complications from the aspiration. These complications usually include the development of respiratory pneumonia and even death. As noted above, this medical negligence is easily preventable by the health care provider simply taking the time to have an x-ray of the patient’s chest performed, a radiology study that will definitively demonstrate whether the NG tube terminates in the correct position. A failure to order this study and/or a failure properly communicate the results to the health care provider is a clear indication of medical mistake and grounds for a medical malpractice lawsuit.

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 Posted on January 01, 2017 in Medical Malpractice

Hemolytic Disease of the Newborn, also known as anti-Kell, is one of the most common causes of severe hemolytic (abnormal blood) diseases of newborns. Anti-Kell is a condition in which the antibodies in a pregnant woman’s blood cross the placenta and destroy her baby’s red blood cells, resulting in severe anemia. This condition results when there is a mismatch between a mother’s and baby’s blood group Kell antigens. Antigens are substances that cause the production of an antibody that binds to the antigen in order to damage, neutralize or kill it. According to studies, approximately 90% of the population are Kell negative and 10% are Kell positive. Because a small percentage of the population are homozygous for the Kell antibodies, roughly 5% of the babies born to a Kell negative mother are Kell positive. As noted above, if the maternal antibodies to Kell are transferred to the fetus across the placenta, the antibodies can cause severe anemia by interfering with the early proliferation of red blood cells. Hydrops fetalis, characterized by accumulation of fluid or edema in the heart or lungs, can also result.

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 Posted on January 01, 2017 in Medical Malpractice

An Alabama jury recently awarded a man’s mother, on behalf of his estate, $3 million dollars after a hospital negligently discharged him to home following stomach surgery despite clear indications of an ongoing internal bleed. In the lawsuit, Plaintiff alleged that the 37 year old decedent had been diagnosed with a duodenal ulcer and subsequently underwent surgery. Following the procedure, the decedent’s hematocrit dropped, requiring several blood transfusions. He was discharged. A few days later, he died from exsanguination caused by the erosion of the ulcer into an artery. The lawsuit alleged that the two surgeons, residents and hospital were negligent in failing to ensure that the ulcer had been repaired and failing to monitor the decedent’s postoperative bleeding.

At STSW, our lawyers routinely handle cases in and around the Baltimore and Washington D.C. areas in which it is alleged medical health care providers were negligent in failing to properly monitor a patient following routine surgical procedures. In many instances, patients are negligently permitted to bleed internally from a mistake made during the procedure and, without immediate intervention to correct the bleeding, suffer catastrophic injuries and /or death. Cases such as these are truly tragic because hospitals and health care providers possess excellent tests and studies that can be used to determine if a patient is still bleeding internally following a surgical procedure. Past cases that STSW lawyers pursued involved hospitals including but not limited to: Johns Hopkins Hospital, University of Maryland Medical System, St. Agnes Hospital, St. Joseph’s Hospital, Harbor Hospital, Sinai Hospital, Bon Secours Hospital, Anne Arundel County Medical Center, Howard County General Hospital, Washington Medical Center, Baltimore Washington Medical Center, Frederick Memorial Hospital and Shady Grove Hospital. Unlike many firms in the area, our lawyers team with in-house nurses who are trained to review the hundreds of pages of medical records, including nursing notes, that painstakingly document subtle changes in a patient’s condition, changes which must be found and documented if one is to be successful in this type of litigation. In addition to our nurses’ review of the relevant medical records, our office has a network of health care providers who stand ready to review our clients’ records to ascertain whether they have been the victim of medical negligence / medical malpractice. In Maryland, in order to move forward with a potential medical negligence case, the victimized patient must secure the support of heath care providers /experts in the same field as the potential defendant; i.e., that health care provider must be willing to testify that the defendant violated the applicable standards of care in treating the patient such that an injury occurred.

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 Posted on January 01, 2017 in Medical Malpractice

Recently, a Massachusetts family settled a medical malpractice case involving a radiologist’s failure to diagnose an aortic dissection for $1.75 million dollars. According to the family, the decedent, a 24 year old man, went to the hospital emergency room with a primary complaint of severe back pain. An emergency room physician suspected an epidural abscess (infection near the spinal cord) and ordered an MRI. While the results were pending, the decedent developed significant hypertension (elevated blood pressure) and severe 10/10 pain. A radiologist subsequently interpreted the MRI as negative. Several hours later, while still in the ER, the decedent collapsed on the floor and become non-responsive. During resuscitation efforts the MRI was reviewed a second time. This review revealed a significantly widened aorta, indicating a ruptured dissection. The decedent subsequently died during emergency surgery. In the Complaint, the family argued that the original radiologist only read 1/2 of the MRI and failed to inform the ER doctor that he had not read the entire test.

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 Posted on January 01, 2017 in Medical Malpractice

The husband of Pennsylvania woman and her children were recently awarded $2.36 million dollars in a medical negligence lawsuit in which they alleged that their wife/mother’s gynecologist negligently performed a total abdominal hysterectomy, resulting in the recurrence of ovarian cancer and ultimately the woman’s death. Plaintiffs alleged that in the months leading up the failed surgery, the decedent had been diagnosed with ovarian cancer following exploratory surgery. Her gynecologist scheduled her for a total abdominal hysterectomy with bilateral removal of the ovaries and fallopian tubes. During the procedure, however, the surgeon negligently ruptured the cancerous cyst, allowing the cancer cells to infiltrate the pelvic region. Post-operatively, the hospital pathologist discovered that the specimens that were removed from the decedent during the surgery did not contain the woman’s left ovary or fallopian tube. The surgeon never informed the decedent of this mistake during subsequent office visits. Less than one year later, the decedent’s cancer returned to her pelvis and metastasized to her lungs, liver and other organs. She died shortly thereafter, leaving her husband and children behind.

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 Posted on January 01, 2017 in Medical Malpractice

The family of a New York man who suffered from end-stage COPD (chronic obstructive pulmonary disease) received a high six-figure settlement following a hospital’s administration of the improper medication that ultimately led to his death. The man was admitted to the hospital for overnight evaluation following experiencing shortness of breath. Following his admission, he was placed into a room with a cancer patient. That patient was supposed to receive a dose of Oxycontin for pain. That dose was mistakenly given to the plaintiff, a dose that caused the man to experience immediate respiratory distress. Subsequently, the mediation Narcan, a medication that helps combat respiratory distress was not administered by nurses for over 3 hours despite a physician calling in such an order. Within 8 hours of the Oxycontin administration, the New York was able to catch his breath, was placed on a ventilator, and died. The lawsuit alleged that the hospital was negligent in administering the wrong medication, failing to administer proper palliative medications and failing to place the man on a respirator earlier.

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 Posted on January 01, 2017 in Medical Malpractice

A New York couple recently settled an obstetrical malpractice / medical negligence / medical error case against an area hospital, its nurses and an obstetrician for $8.5 million after the hospital nurses failed to timely respond to fetal distress and the physician failed to perform a timely cesarean section. The plaintiff presented to the hospital in labor and underwent a full workup that did not reveal any abnormalities. Approximately 8 hours later, the baby’s heart rate dropped severely. Nurses attempted various measures to raise the baby’s heart rate, including administering oxygen, discontinuing Pitocin (a drug that is used to induced labor) and increasing fluids — each of these efforts was unsuccessful. The obstetrician was subsequently contacted outside of the hospital. She arrived 22 minutes later and a C-Section was performed 35 minutes later. The child was born severely depressed requiring resuscitation. Presently, the child is 5 years old. He has been diagnosed with cerebral palsy and is unable to hold his head up on his own, see or walk, and routinely experiences profound seizures. At trial, the plaintiffs argued that the sudden drop in the baby’s heart rate occurred because the umbilical cord was being compressed, and therefore, necessitated an immediate c-section. The defendants argued that a more timely c-section would not have affected the outcome because the baby likely suffered the injuries within a few minutes of the umbilical cord being compressed, and therefore, even an urgent cesarean section would not have led to the avoidance of the baby’s injuries.

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 Posted on January 01, 2017 in Medical Malpractice

The recent outbreak of fungal meningitis continued to grow this week with the deaths of at least four more individuals. To date, the outbreak, linked to contaminated steroid shots received by the individual patients, has killed 12 people nationwide (Maryland, Michigan, Florida, Tennessee and Virginia). Tennessee has been the hardest state hit with at least six reported deaths. To date, there is one confirmed death in the state of Maryland and at least 8 confirmed cases of the development of the infection. Meningitis is best described as an infection of the various membranes that cover the brain and spinal cord. It can be caused by viruses, bacteria or other micro-organisms such as fungi. Meningitis is obviously life threatening due to the inflammation’s proximity to the brain and spinal cord. Common reported symptoms include nausea, neck stiffness, fever, confusion, vomiting, an inability to tolerate light and headache. It is important to note that fungal meningitis, unlike bacterial or viral meningitis, is not contagious. A lumbar puncture is the test of choice to confirm or rule out meningitis. A lumbar puncture involves the insertion of a needle into the spinal canal to extract a sample of cerebro-spinal fluid that surrounds the brain and spinal cord. The fluid is then examined in a laboratory to see whether antibiotics are warranted.

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