Posted On: November 29, 2011

Hospital allegedly gave Wrong Medicine to Child

A three year old child who died at a clinic in Kolsewadi, Kalyan is the subject of a medical malpractice suit. The parents of the child claim that the child died because he did not receive the necessary treatment. They have recently filed a report at the local police station.

The family was in the city at an engagement party. After some time the child starting vomiting violently. This was enough to concern the parents and take him straight to the emergency room of the nearest doctor. The doctor did treat the child. However, by morning the child had died. This was obviously a very upsetting time for the parents.

The parents have alleged that the reason for this boy’s death is because the hospital failed to correctly diagnose the cause of the symptoms. This meant that they prescribed the wrong medicine which did nothing and ultimately lead to his death. The parents are adamant that the child’s death was preventable, and is something that shouldn’t have been allowed to happen.

The hospital denies all the allegations. They state that they took the best care of the child which was possible. The doctor has been handed a statement which explains that someone was with the child at all times. The child was also given standard treatment while the results of various tests came back. The hospital did everything in its power for the little child, and is sympathetic with the Parents pain. The hospital says that they are not liable for the death because they had given the very best standard of care.

The local police department is currently investigating the claim. They are conducting a post mortem to find out the exact cause of death. They will also call on expert witnesses to try and discover whether or not the death was preventable and whether medical malpractice took place.

The police explain that if the expert witnesses suggest that there was negligence then a case will be filed in court for medical negligence. Police in Nassau and Suffolk would handle the case in the same way.

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Posted On: November 26, 2011

Doctor violates standard of medical care resulting in medical malpractice

The patient in this med mal case was admitted to a medical center in the US, where she was treated by one of the doctors on staff. While the records are not clear on precisely why the woman was admitted or what treatment the doctor administered, it was evidently something that the patient felt amounted to medical malpractice, or she would not have chosen to sue the doctor.
As a part of the statement filed in court, the papers indicate that the doctor violated the accepted standard of care for the treatment he provided and that the plaintiff suffered harm because of that violation. In many medical malpractice cases, the presence of another doctor, an “expert,” is required to provide testimony that what the doctor being sued did was not up to the accepted standards of the area the physician practiced in. For this reason, medical malpractice cases are often long and involved and deal with complex medical information, outlined the reporter.

Interestingly enough, even though the latest lawsuit against this particular doctor does not specify what he did, this is not the first time that he has been named in a lawsuit. An earlier lawsuit in which the jury found for the doctor, said he did nothing wrong when he did not order restraints to be put on an elderly woman. In that case, the woman was overmedicated after surgery and fell out of her bed.

At trial, the jury was asked if any of the doctor’s actions led to the plaintiff’s fall. The jury was only out for 30 minutes before returning a verdict in favor of the defendant doctor.
This latest lawsuit is asking for compensation for medical costs, mental anguish and impairment. Hospitals in The Bronx and Staten Island take precautions to guard against situations like this one.

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Posted On: November 24, 2011

Pain clinic sued for overprescribing narcotics resulting in two deaths

The last place one would expect to have narcotics for pain over prescribed would be in a pain clinic. Unfortunately, that is what happened in this egregious medical malpractice case. It was such a bad situation, that when the medical records of the clinic were subsequently checked prior to trial, it was discovered that other patients had experienced problems with this same clinic; problems that included addiction to medications and overdosing.

Four patients of the clinic that managed to survive their deadly drug regime chose to file a wrongful death and medical malpractice lawsuit against the clinic for over prescribing narcotics to clinic patents and causing addiction, withdrawal and two deaths.

The facts of the claim indicated the nurse practitioners went way overboard in prescribing narcotics and completely ignored the warning signs that two patients were demonstrating; two patients who ultimately died. The other two patients who sought compensation suffered severe addiction and devastating withdrawal symptoms. Evidently, there were also another six overdose deaths in 2007 and 2008.

As a result of a subsequent investigation by the USDEA, staff at the clinic were ordered to forfeit their licenses to prescribe narcotics for two years. The burning question of the day is what will happen to the licenses after the two year period is up? Not many people in Suffolk and Westchester counties would want the three individuals involved in this case to have access to narcotics again after this fiasco.

Medical malpractice comes in many forms and sometimes patients don’t realize what has happened to them.

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Posted On: November 18, 2011

Stillborn baby due to medical malpractice wins award of $1million

In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the hospital malpractice and doctors in the stillborn birth of a baby. The hospital appealed and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation.

At trial there was an argument over whether or not the baby was born dead or alive, as it made a difference in how the court arrived at its judgment. The court stood by 2004 ruling in a similar case and indicated that even in the absence of an injury, med mal in The Bronx and Brooklyn resulting in a stillbirth or miscarriage is a violation of the duty of care to the mother and will mean she is entitled to damages for emotional distress.

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Posted On: November 14, 2011

Medical Malpractice Clients Are Entitled to Compensation

In a system where nearly 98,000 deaths and 1 million injuries each year occur, you would think that there would be some sort of reprimand. In 1999 a study discovered that these deaths and injuries take place in our local hospitals. This study shocked the general public, and has led to the truth about medical care coming out in the open.

In New York, a study was initiated from 2002-2007 that involved 10 state hospitals. Researchers discovered that around 18% of patients were harmed by medical malpractice, and that up to 63.1 percent could have been prevented. According to a New York Medical Malpractice Lawyer, almost 2.4 percent of those medical malpractice accidents were seen to be instrumental in the patient’s deaths.

Most hospital malpractice suits have been brought on the inability of the hospital to ensure that infections avoided. These infections come in various forms, from urinary catheters, lines inserted into veins and arteries to ventilators. Errors in medication are also a leading source of medical malpractice. Medication errors affected 162 of the 2,341 patients studied in a North Carolina project.

Officials in Manhattan and Nassau County are calling for mandatory federal-level reporting to ensure that the hospitals be held more accountable for their mistakes. The accountability program would allow patients to compare safety and other options before picking a caregiver, instead of being in the dark when going in for treatment, explains a NY City Medical Malpractice Lawyer. Only 17 percent of hospitals currently have a computerized system available, even though this simple step could minimize medication errors by 80 percent.

Patients injured in hospital medical malpractice are entitled to compensation for their injuries in most cases. Hospitals may be responsible for medical costs, future medical care, lost wages, and possibly limited pain and suffering.

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Posted On: November 10, 2011

Surgical sponge left in patient’s body causes infections and other problems

When you go to hospital to have surgery, you expect that when the surgical team is done, they will make sure they have all their equipment and sponges before closing. Unfortunately, that didn’t happen in this case, said a New York Medical Malpractice Lawyer. In fact, this particular plaintiff found out the surgeons left a sponge in his abdomen after surgery for rectal cancer.
It wasn’t long after his surgery that this patient started to have bad abdominal pain. A CT scan showed he had a foreign body in his abdomen. This meant another surgery to get the sponge out. As a result of the sponge being in his body and the need for a second operation, the plaintiff stated he has had to undergo extensive medical treatments, has experienced numerous infections and has spent a lot of time in hospital. Doctors and hospitals in Manhattan and Long Island need to take note of this case and make provisions to prevent a duplication of these mistakes.
When his case went to trial, the patient was asking for damages for depression, anxiety, medical costs, disability, frequent medical care, mental anguish and pain and suffering, along with court costs and interest. The basis of that lawsuit was that the hospital and the doctors didn’t meet the accepted standard of medical care and that they were negligent in their care and treatment of the patient. This case was a complete comedy of medical malpractice errors from the moment of the first surgery, indicated the NY Medical Malpractice Lawyer.

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Posted On: November 7, 2011

Liposuction Results in Patients Dead Due to Surgeon’s Negligence

Who would have thought that going for lipsuction would result in a sudden death? That is what happened in this wrongful death case which resulted in a medical malpractice lawsuit said a New York Medical Malpractice Lawyer.
The 28-year old woman went to see the liposuction center and spoke to the surgeon who indicated her bill would be $8,000 for liposuction on her upper arms and abdomen. Unfortunately, when the surgery was done, the doctor didn’t keep track of how much Lidocaine he used on the patient. His medical assistant could not even remember how many bags of the solution were used.
Additionally, the investigation into this death revealed that the doctor also did not monitor the patient properly or check on the amount of nitrous oxide used explained the case investigator. When the operation was done, the doctor left the clinic and didn’t check to see if the patient was stable. She did not get replacement fluids and there was no record of the amount of fat actually removed during the procedure. The only person left in the clinic, was the medical assistant and when no one came to pick the patient up, she was put in a cab, but was not given any contact numbers if she experienced an emergency.
The patient died the next day from acute Lidocaine poisoning and the lawsuit indicated that the ads for the liposuction were deceptive in that they stated it was safe and just about painless reported the NY City Medical Malpractice Lawyer. Neither of those claims was found to be true. The doctor will be facing medical disciplinary action by his state board. He would face the same action in Manhattan and Long Island.

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Posted On: November 4, 2011

West Virginia Medical Malpractice Lawsuit Laws in Jeopardy

Laws that have been in place since 2003 in West Virginia are now coming under attack. In 1986 lawmakers approved a cap of $1 million in awards made by juries in medical malpractice cases. The $1 million limit was only on non-economic damages, which left juries the ability to award other malpractice funds when damages could be proved. According to a New York Medical Malpractice Lawyer, in 2003 lawmakers in the state went further and placed a $250,000 cap on non-economic damages, unless death, permanent disability or the loss of limbs were involved, and then the cap was $500,000.

In both 1991 and 2001, Justices of the West Virginia Supreme Court upheld the $1 million cap. Now, however, the lower cap is being appealed because of a lawsuit involving the City Hospital of Martinsburg and a physician at that hospital.

A Spokesperson stated that in the case, the jury has found negligence was involved while treating the plaintiff or misdiagnosis, however, the jury has award the plaintiff an amount exceeding the cap by over $1 million.

High Court Justices in places like Nassau and Suffolk Counties must now decide whether the jury’s award should be overturned, or whether it should stand. Higher awards (or an overturn of the cap all together) could cause medical malpractice insurance to rise. This rise could cause doctors to not be able to practice medicine in the state, something that took place before the original cap in 1986, reported a Medical Malpractice Lawyer from NYC. This review of medical malpractice caps comes on the brink of a national review as called for by President Obama.

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