New York Medical Malpractice Lawyer Blog

A stillborn baby, born at home, was the reason for a mother to file a medical malpractice lawsuit, commented the doctor. The mother has gone to hospital in April with a headache, lower abdominal pain and a fever. She remained in care for six days. In June she went back and said she was spotting. She was admitted to rule out her being in labor, as she was in the 32nd week of her pregnancy.

During her second admission, she received drugs to relax the uterine muscles and stop any premature labor and was hooked up to a fetal monitor, reported the source. She was given an antibiotic, diagnosed with cervicitis and sent home.

Two days later, she was admitted once again with the same complaints, was again given another drug to stop labor and was discharged against medical advice. Two more days went by and she returned to the hospital once again, where she was told she was not in labor and given another antibiotic for a possible urinary tract infection and send home.

The day after she was sent home with the latest round of drugs, she was admitted again and a midwife said she was not in labor and left. The mother went home, only to return in the morning and be given a prescription for Tylenol with codeine. There was no record of this visit in the plaintiff’s medical files, explained the official.

She was once again sent home and went into labor. However, the baby was born feet first with the head stuck in the birth canal. An EMS responder tried to resuscitate the baby but was unsuccessful and even though the baby went to the hospital, no signs of a pulse or respiration were detected.

At trial the plaintiff’s expert doctor said a breech born baby that is blue and has no pulse or respiration after about a half hour is considered to be stillborn, whether attempts were made to revive it or not. The jury found the hospital was negligent sending the mother home with Tylenol without evaluating her and that this was a substantial factor in the baby’s death. Hospitals in Brooklyn and Long Island have looked into this case.

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A bill that would require a coroner to be called to all nursing home deaths so they can be investigated in the event of foul play or other issues is stalling in the state's General Assembly, states a report.

The bill, which would require all nursing homes in the state to contact the local coroner’s office when a nursing home patient dies, is designed to ensure that any abuse or neglect occurred, it could be investigated. However, opponents of the bill cite the costs that such measures would incur.

The state's chief medical examiner states that if the bill is passed, in order for the local coroner offices to comply three more doctors, and an undisclosed number of additional support staff would be needed. There would also be a need for additional equipment for the required investigations, reports a doctor.

Most assembly members and the medical community support the bill. The questions that are raised concern where the funds to pay the support staff and to purchase the needed extra equipment, along with any additional staff the nursing home facilities might need will come from, explains a source.

The bill not only would require nursing homes Manhattan and Long Island to report any deaths at their facilities, but also a specific staff would need to be designated at the long-term care facilities and all death would have to be reported to the local county coroner’s office within 24 hours.

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A Florida family recently received a settlement or $19.2 million, in a suit that could be the first of its kind in the area. However, the payment for medical malpractice of the settlement may become dicey.

In 2007, only 15 days after her birth at HealthPark Medical Center, the family’s baby daughter was given a dose of “nutrients”. However, the dosage was wrong, and it was filled as 100 times the dose, stated a doctor. The mistake led to severe complications, including cardiac arrest.

A study explained that after the mistake that almost cost their daughter her life, the family sued the Lee Memorial Health System. The baby girl, now three and a half years old, still suffers severe effects from the accident. She is blind and has cerebral palsy. Her injuries will cause her to need constant care for the rest of her life. She will always be wheelchair bound. She will need to be fed and cared for the rest of her life.

According to a person in the know, the hospital has released a statement discussing that they don’t feel like they should be held accountable for the child’s medical problems. They believe her medical issues stem from her being born three months early and weighing in at only one and a half pounds. This happens in many places including hospitals in New York City and Staten Island.

The family may only see $200,000 of the settlement amount though, due to liability caps. The hospital has never paid a claims bill through the courts, but after appeals and motions to retrial, this may be the first time they do.

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In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the negligence of the hospital and doctors in the stillborn birth of a baby. The hospital appealed, said the report, 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, indicated the source.

Medical malpractice in hospitals is not unusual in Queens and Staten Island. With the amount of traffic they have to deal with there are bound to be mistakes. Sometimes things become so busy and hectic it's hard to keep things under control. The hospitals try to control things but sometimes it just can't be done.

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 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, explained the court.

A bill in North Carolina’s Senate may send shockwaves throughout the medical community in the state, believes a doctor. The bill, which would limit all Medical Malpractice verdicts to $250,000 for non-economical damages, has some strong supporters and some equally strong opposition. A non-economical damage is described as pain, suffering or emotional distress. Neurological cases can also be considered in this context.

The bills co-sponsor stated that the proposal aims to reduce the practice of defensive medicine. Defensive medicine supposedly adds 20 to 25 percent to the cost of health care. He also states that the main goal of the bill is to keep medical professionals in North Carolina and to make sure that citizens can still receive quality healthcare, stated a source.

Critics of the bill range from patient advocates to trial lawyers. North Carolina Coalition for Patient Safety’s executive director disagreed with the bills co-sponsor, saying it wouldn’t really do anything to bring down medical costs, or to keep them from rising in the future. She went on to say that the government doesn’t seem to focus on the cause of the rising medical costs, but merely want to focus on the symptoms. In The Bronx and Brooklyn, doctors are taking note in the hopes that this kind of legislation does not come north.

According to a study, the proposed bill may succeed in bringing down the amount of medical malpractice lawsuits filed, but only because lawyers would be reluctant to take on the cases of young children or unemployed patients because of the risk of not being paid if the case is not successful. This breach could cause people to go unjustified in their cases.

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A 31 year old woman diagnosed with cancer has recently been awarded compensation for medical negligence as indicated by a judge. The suit was filed against NHS healthcare trusts for failing to screen the cancer test successfully. This has been a very high profile case which has drawn attention from all around the world.

The patient alleges that the hospital trusts in Glasgow and Clyde made mistakes when the smear test report was analyzed. She attended regular smear tests, and in 2005 one showed no signs of cancer at any stage. However, in 2008 another smear test was conducted in Geneva which showed the patient was suffering from cervix cancer.

The cervix cancer was at a very advanced stage. This means that the test in 2005 should have shown the early signs of cancer. If it was detected at this stage then the treatment options would have been much less complicated and invasive. The delay in detecting and treating the cancer also exposed the patient to a risk of the cancer spreading; fortunately in this case it doesn’t seem to of happened.

The patient blamed the NHS trust for not correctly identifying the cancer and starting treatment. She filed a claim for £5 million in compensation for the mistake explains the report.

The NHS trust in the area is thought to of admitted the medical mistake. It is thought that if the cancer was found earlier on then it would have been much easier to treat the cancer. This means that she would not need a complete hysterectomy to remove the cancerous growth. This blunder has been a nightmare for the patient who now requires regular medical checkup to ensure she is not suffering from cancer. It would be a nightmare for hospitals in Queens and Staten Island if this happened to them.

Although the £5 million compensation was not offered, the patient was offered an interim compensation of £150,000. This is to help her continue with her radiology treatment due to a lack of finances. After this round of treatment then it is expected that the case will continue until a final amount of compensation is agreed.

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A former patient of David Chao, the Chargers Team doctor, recently received a $2.2 million settlement by an arbitration panel. The panel found Chao negligent when he performed her hip operation in May of 2007. The patient claims that Chao lacerated her femoral artery, vein and nerve, causing chronic pain and a limp.

This is not the first time that Chao, a 46-year old doctor, has been sued in recent months stated a doctor. In 2009 a male patient sued him and other care providers after a knee replacement surgery, which also took place in 2007. The man reported that Chaos carelessness resulted in an amputation of the leg. Scripps Memorial Hospital in La Jolla agreed to a $1.39 million settlement, according to report.

Chao has been sued 20 times since 1998 by various patients, ranging from charges off malpractice to personal injury, fraud, or negligence. At least eight have been settled with payouts to the plaintiffs.

Last year the federal drug enforcement agents searched Chaos office and found an alleged 108 prescriptions that Chao had written for himself. He has also been accused of writing prescriptions for a former Chargers doctor who was dismissed in 1998 for an alleged narcotic addiction. Chao was required to pay a $1,000 fine for his involvement in that case, and his inability to maintain accurate medical records, reports a source.

Chao, who is an orthopedic surgeon, has operated on many professional athletes, has served as the doctor for the USA rugby team, and for the Worldwide Wrestling Entertainment. He has had complaints filed against him for abusing alcohol and unprofessional conduct from two DUI charges. Chao has denied all accusations against himself in the court records. The settlements are not considered admissions of liability for medical malpractice. Hospitals in New York City and Westchester County try to caution their staffs about these mistakes.

Continue reading " Chargers Team Doctor Sacked With $2.2 Million Lawsuit " »

The patient of a Harbor-UCLA Medical Center who alleged a medical malpractice charge after a blood vessel wall was punctured has been granted a $1.175 million dollar settlement. The Los Angeles County Board of Supervisors approved the $1.175-million dollar settlement after a catheter tip inadvertently punctured a blood vessel in the patient.

The patient was treated at Harbor-UCLA Medical Center near Torrance after a motor vehicle accident that took place in late 2008, according to a source. While she was being examined and diagnosed, a blood vessel was injured when a catheter was used. Although the county states that the injury caused complications, the patient was treated promptly and was discharged to go home a few days later, stated a doctor. There were no other descriptions of the injury available at the time of this publication. No description was given as to where the injury was sustained, or what the complications following the injury entitled.

County officials believe that they carried out treatment properly and that they responded to the injury properly. However, they are hampered in court proceedings by a doctrine entitled “Res Ipsa Loquitur.” This doctrine states that an entity is presumed not at fault if they had exclusive control of the situation was causes the injury. Even if there is no evidence of an act of negligence, there would be no accident if there was no negligence, stated an expert. Basically, someone has to be at fault, and be held accountable for the injury; even though the County believes they handled everything correctly.

Doctors and hospitals in Manhattan and Staten Island are studying this case.

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A Topeka Chief Justice ordered on Friday for re-arguments to begin in the Kansas Supreme Court on a highly watched medical malpractice lawsuit to begin on February 18th. The Kansas Supreme Court first heard arguments in this case in October of 2009 and has not issued a decision.

A source disclosed that the case is based on a Eudora woman who went in for surgery to have her right ovary removed in 2002. Instead, the surgeon removed her left ovary. The woman sued for malpractice, and in 2006 the Douglas County jury returned a verdict of $759,680. This award includes medical expenses, non-economic losses and future non-economic losses, future medical expenses, and loss or impairment of services as a spouse. The non-economic losses were awarded for pain, disability, suffering, mental anguish and physical disfigurement.

According to a report, a District Court Judge slashed several of the award amounts because of a Non-economical cap that is in place. The woman’s attorneys claim that this has violated her personal constitutional right to a trial by jury, and infringes on the constitutional authority of the judiciary. Doctors, businesses and companies support the cap, saying that it keeps health care and insurance costs down.

A rep stated that since the case was first heard in the Kansas Supreme Court that changes have been made to the judges who will review the case. One passed away, and one has asked to excuse him from the case, and will be replaced by someone else. The woman has currently not received any compensation from her case. Doctors in Nassau and Suffolk are aware of this case.

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An Ohio mother is suing the Cleveland Clinic for medical malpractice. The mother claims that surgeries performed at the Cleveland Clinic left her infant son severely brain damaged, and ultimately led to his premature death.

The mother has filed the wrongful death complaint against the Cleveland Clinic and the two surgeons who performed the surgeries in 2003 on her son. The surgeries were performed to repair an abnormal vein the base of the boy’s brain. This vein was causing excessive blood flow to his heart. A study stated the surgeons used a surgical device that was specified for adult use on an infant without receiving the mother’s permission.

A doctor explained that glue from the surgical device leaked, seeping into the baby’s brain. This glue then caused a stroke and permanent brain damage. There were no medical reports about the severity of his brain damage, or the lasting effects of it. No other information about his medical condition following surgery was provided. The boy passed away in 2008. The mother filed a wrongful death complaint against the Cleveland Clinic and both surgeons on January 24th.

A spokesperson for the Cleveland Clinic reported that the physicians took every appropriate measure they could to save the child’s life. Unfortunately, according to the Cleveland Clinic, the boy died from complications surrounding his severe underlying medical condition, and not from complications following the surgical procedure. Hospitals and doctors in Manhattan and Long Island try to avoid situations like this.

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