Posted on January 01, 2017 in Medical Malpractice

A Maine jury recently found a Bangor surgeon and the Eastern Main Medical Center liable for the death of a man who was transported to the hospital following an ATV accident in which he suffered, amongst other injuries, broken ribs. In the ensuing lawsuit, the decedent’s family argued that upon his admission to the emergency room, there was an indication of internal bleeding from CT scans ordered by the ER physicians. Subsequently, however, the doctors caring for the decedent failed to follow up on these indications, including not issuing an order for follow up radiology tests to monitor the bleeding. Within 36 hours of the admission, the extent of internal bleeding caused one of the decedent’s lungs to collapse, which in turn, caused a shortage of oxygen and led to a massive heart attack. Plaintiffs’ expert witnesses testified that had the doctor merely done the tests and placed a chest tube for drainage of the blood/fluid. The defendants countered that the heart attack was caused by the collapse of one of the man’s arteries, and that no test or procedure would have predicted such an event. The jury awarded the family $6.7 million dollars.

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 Posted on January 01, 2017 in Medical Malpractice

A Virginia man recently settled a case of medical negligence for $1.85 million dollars against his surgeon who, in the course of performing a laparoscopic cholecystectomy (also known as laparascopic gall bladder surgery), negligently severed his common bile duct. In the lawsuit, the plaintiff alleged that the defendant surgeon experienced difficulty dissecting and locating cystic duct due to what he thought was its unusually large diameter. Post-operatively, the plaintiff suffered abdominal distension and worsening pain over several hours. Radiology scans revealed the error. The plaintiff subsequently required biliary repair surgery and numerous bouts of cholangitis and elevated liver function tests. It is also believed he will require a future liver transplant as a result of the negligence.

Laparoscopic gallbladder surgery is one of the most common surgical procedures in the United States today. Bile is a caustic substance created in the liver that is necessary for digestion and the absorption of food in the small intestine. Bile normally flows from the liver down the right and left hepatic ducts, into the common hepatic duct and then into the cystic duct, and is stored in the gallbladder. When the digestive system signals the body that it needs bile to digest food, the gallbladder contracts and bile flows out of the gallbladder through the cystic duct and then down the common bile duct into the small intestine. Sometimes, small hard pieces called gallstones form in the gallbladder and interfere with the normal flow of bile. One remedy for gallstones is the removal of the gallbladder. Digestion and the absorption of food is unimpaired in patients even after removal of the gallbladder.

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 Posted on January 01, 2017 in Medical Malpractice

A California jury recently awarded a man $2.25 million dollars in a medical malpractice lawsuit against his anesthesiologist and surgery center following a relatively routine surgical procedure in which he suffered an anoxic brain injury. The Plaintiff, a diabetic with significant kidney disease, underwent a prosthetic lens implantation procedure on one of his eyes. During the course of the surgery, the Plaintiff had a reaction to the anesthesia after he had been sedated. As a result, he went into a deeper state of sedation than was intended, an uncommon, but known complication. Unfortunately, the anesthesiologist had left the surgery room and otherwise failed to properly monitor the patient. As a result, the Plaintiff stopped breathing for a period of time such that he suffered the brain injury. Specifically, the Plaintiff suffered cerebral hypoxia or a hypoxic injury. During the course of the trial, the Plaintiff’s attorney was able to demonstrate that the surgery center was aware of the anesthesiologist’s tendency to leave patients under anesthesia with nurses and other health care providers who were not trained to handle such patients. This no doubt played a role in the jury’s decision to find the anesthesiologist liable for the injuries that the plaintiff experienced.

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 Posted on January 01, 2017 in Medical Malpractice

Earlier this year, the parents of a child who suffered permanent brain damage during childbirth settled their medical negligence case against Mercy Medical Center, located in Canton, Connecticut for $4.3 million dollars. The parents, Jared and Crystal Rinker, had filed the medical negligence suit on behalf of their daughter, Jordan, alleging that physicians at the hospital failed to recognize clear signs of fetal distress and hyperstimulation of the mother’s uterus. Specifically, the lawsuit alleged that on March 13, 2008, Crystal Rinker was admitted to the hospital to deliver Jordan. She was administered Pitocin.

Pitocin is a medication that increases the frequency and intensity of uterine contractions, essentially inducing delivery of the baby. The medication is given through an IV and the dosage is regulated by a pump. Whenever Pitocin is used, it is understood that the well-being of both the mother and the fetus must be monitored carefully. Pitocin is the synthetic brand name of the labor hormone, Oxytocin. It is well known, however, that one of the side effects of Pitocin is that it decreases the supply of blood and oxygen to the baby. Accordingly, when Pitocin is administered, it is important to monitor the baby carefully for changes in its condition. Moreover, delivery must occur within a certain amount of time so as to avoid the likelihood of injury to the baby. In short, if the labor is stalled, health care providers should intervene to prevent the mother and/or baby from developing an infection and/or sepsis.

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 Posted on January 01, 2017 in Medical Malpractice

Sadly, chronic back pain is an everyday nuisance for millions of Americans. Generally speaking, persons with back pain usually initially opt for conservative measures designed to alleviate their pain; i.e., seeing chiropractors, receiving steroid injections, pain-killers. When these measures fail, however, many patients choose to proceed with the insertion of a spinal cord stimulator. A spinal cord stimulator is an implantable, paddle-shaped medical device that treats chronic pain through the emission of electrical impulses near the spinal cord. These impulses produce a tingling sensation that alters the perception of the pain. The device is implanted into the epidural space (outermost area of the spinal canal, above the cord and dura) through either a percutaneous approach (using a wide-bore needle to insert the stimulator into the epidural space and advance it to the proper location) or through a surgical laminectomy/laminotomy approach (requiring the removal of the bony spinous process and the insertion of the stimulator into the epidural space through an incision in the ligament that protects the spinal cord. The stimulator is then sutured into place and is controlled by a pulse generator that is usually implanted in the patient’s hip. The device can be controlled remotely by the patient as his/her pain dictates.

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 Posted on January 01, 2017 in Medical Malpractice

One of the more commonly misdiagnosed cardiac conditions is an aortic dissection. An aortic dissection is a tear or partial tear in the lining of the largest blood vessel in the body, the aorta. The aorta is comprised of three layers: intima (inner-most layer), media (middle layer) and adventitia (outer layer). An aortic dissection begins with the formation of a tear in the aortic intima that directly exposes the medial layer to the pulse force of the blood. The blood then penetrates the medial layer and cleaves (propagates) the media longitudinally, thereby dissecting the aortic wall. The blood-filled space between the dissected layers of the aortic wall becomes the false lumen (channel within a tubular vessel). Eventually, the shear forces associated with the pumping blood cause the aorta/false lumen to expand to such a point that it ruptures, much like an aneurysm, causing a person to exsanguinate. Not surprisingly, therefore, hypertension (high blood pressure) is the single largest risk factor for aortic dissection given the shear forces associated with the increased rate of blood flow in the vessels.

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 Posted on January 01, 2017 in Medical Malpractice

Last month, California parents filed a lawsuit on behalf of their infant daughter who lost parts of all four limbs after the Emergency Room personnel at Catholic Healthcare West negligently delayed their treatment of their young daughter. The infant girl presented to the hospital with clear signs and symptoms of Streptococcus A, a bacterial infection that had invaded her blood and organs, persistent fever, skin discoloration and weakness. Emergency room physicians kept the infant waiting 5+ hours despite the fact that she visibly sicker and the parents begged health care providers to treat their daughter. Finally, the father forced his way into the emergency room triage area and demanded help. That help came too late. The child was emergently flown to Stanford University for lifesaving care. Unfortunately, due to the extent of her illness, the child suffered amputations of both feet, her left hand and part of her right hand. She now faces intensive physical therapy and a lifetime of health costs, including daily nursing care and assistance in performing basic daily activities of life, including dressing herself, feeding herself, the ability to ambulate on her own, the ability to brush her teeth, etc. The parents allege in the lawsuit that the hospital negligently staffed, operated and supervised the emergency room, thereby creating an unsafe environment in which overcrowding occurred and the hospital did not have a procedure in place that allowed for critically ill patients to receive immediately necessary care and treatment. As a result, negligence occurred.

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 Posted on January 01, 2017 in Medical Malpractice

Last week, a Montana jury awarded a widow and her four children $1.7 million in a lawsuit against the widow’s husband’s primary care provider and his clinic following the husband’s death in 2005. At trial, the Plaintiffs alleged that the husband, age 42, had presented to the internal medicine physician with a complaint of chest pain. The doctor negligently misdiagnosed the pain as a torn muscle, instead of what it was, pain caused by a leaky heart valve. In essence, the physician failed to rule out one of the most potentially devastating causes of the chest pain, choosing instead to believe that the pain was caused by a non-life threatening condition, and failing to refer the man to a specialist for follow up. The man was given pain medication and discharged home. The Plaintiffs, at trial, argued that the doctor had an obligation to refer their husband/father to a heart specialist for further workup as a result of the chest pain. In essence, they argued that the decedent essentially slipped through the cracks at the clinic. After being discharged, the decedent went home. One year later, he died because his valve failed. Had a received a replacement heart valve, plaintiff’s experts, cardiologists, testified that he would have survived. Heart valve replacement surgery is used to repair or replace diseased heart valves — the parts of the hearts that open up enough so that blood can flow through. Then the valves close, keeping blood from flowing backwards into the heart. Surgery to replace these valves is relatively common today and can sometimes be laparoscopically with a valve from another part of your body or a synthetic one.

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 Posted on January 01, 2017 in Medical Malpractice

Unfortunately, one of the more common type of cases that our office handles is one in which a pharmacy or pharmacist has mistakenly provided a customer with the wrong medication, causing that customer to suffer a serious reaction leading to hospitalization and injury. All too often, we patients take for granted that we hand a pharmacist or pharmacist’s technician our prescription form (or it is called in from a doctor’s office), that prescription will be filled properly. Unfortunately, and especially with the large chain pharmacies, prescription error cases are not isolated events anymore. In fact, as attorneys for the injured, we are often able to use evidence of prior errors to show a jury that although a particular corporation knew that its pharmacists were committing errors when filling a prescription, it failed to remedy the situation or install safeguards to prevent further occurrences. It should be pointed out, however, that although the liability seems cut and dry when a patient ends up with the wrong medication, these pharmacies defend these cases vigorously. Often times, the pharmacists claim that they did not misfill the prescription; and instead, argue that the patient or family member caring for the patient mixed up prescriptions, sometimes with their own. To combat these defenses, our attorneys get the pharmacies to admit that they carried the “misfilled” medication at the time that it was put in our client’s bottle and that at the same time they were filling our client’s prescription they were filling other patients’ prescriptions for the medication that mistakenly ended up in our client’s bottles.

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 Posted on January 01, 2017 in Medical Malpractice

The daughter of a Michigan woman recently settled a case against a nursing home and hospital for a confidential amount after her father died following a long battle with sepsis, precipitated by the development of bed sores while she was being cared for by health care providers in the two facilities. The decedent, Jessie Butler, was 85 at the time of her admission to the hospital for a total knee replacement. According to the complaint, at the time of his admission, Mrs. Butler was active and had no bed sores / skin ulcers / pressure ulcers. Mrs. Butler remained at the hospital for about a month and half. She was subsequently discharged to a nursing home. By the time of her discharge, Mrs. Butler had developed several skin ulcers on her backside. Despite treatments at the nursing home, those ulcers progressed to a Stage 3 and Stage 4 grade (out of 4). She was subsequently readmitted to the hospital where she underwent multiple surgeries in an attempt to treat the sores. Despite these treatments, Mrs. Butler developed sepsis and died about 3 months letter. Mrs. Butler’s daughter subsequently sued both institutions alleging that her mother should never have been allowed to develop bed sores, should have been properly treated for the sores and should not have died.

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