New York Medical Malpractice Lawyer Blog

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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According to a reporter, a woman claims to have had a sponge left in her abdomen after surgery. She claims to have gone to her OB/GYN and that her doctor had left something foreign in her abdomen after she did a Caesarean section operation.

The woman claimed medical malpractice against the doctor who performed the operation. She claimed that the obstetrician performed the operation without having the proper medical assistance. She thinks that this is what probably caused the problem of her having to suffer a potential hernia.

The expert agreed that the woman had a viable complaint and that the doctor was negligent. When the woman began to feel pain in the abdomen, she sought medical attention and discovered that the lower part of her left abdomen had a sponge marker. She had to have it removed surgically claims the advocate.

The lawsuit complaint consist of the unreasonable notice that the complainant was afforded and that she was not give adequate medical follow up care after surgery. The complainant is seeking an undisclosed monetary damage. Her medical malpractice action is seeking retribution for her and feels that the doctor should have maintained the appropriate relationship with the patient in order to give her the best advice and best treatment possible in this situation.

The woman, according to the facts, has a chance to receive a settlement award for her pain and suffering; both physically and mentally. Hospitals in Nassau and Suffolk do their best to avoid these situations.

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A woman in Virginia claims a 2009 colonoscopy caused her a number of medical problems. The 29-year-old woman is suing both the doctor and his employer for medical malpractice. New York Medical Malpractice Lawyers have learned she wants a jury trial and $5 million in damages.
The doctor, a gastroenterologist, performed the colonoscopy on June 23, 2009, investigating his patient’s complaints of persistent diarrhea, according to the complaint.
“[The doctor] knew before the colonoscopy that [the plaintiff] had great difficulty tolerating the ‘prep’ to clean out her colon and that she had severe left lower quadrant abdominal pain, abdominal cramping, nausea and vomiting,” NY Medical Malpractice Lawyers read in the complaint. “He prescribed Demoral for her pain and decided to proceed with the colonoscopy without first evaluating what was the cause of her severe pain.”
The suit went on to say that in attempting to bypass obstructions in the patient’s colon, he might have perforated her colon. Her condition worsened considerably after that.
The doctor had the patient admitted to the intensive care unit at Winchester Medical Center that afternoon.
Another colonoscopy, with the patient under sedation, was performed two days later. According to the suit, the colon was perforated there, as well.
“Shortly after the second procedure, the patient had more episodes of vomiting brown material, and she likely aspirated fecal content into her lungs,” the complaint stated.
The patient claims the doctor used “an ill-advised initial colonoscopy without investigating her pain.” According to the suit, a CT scan would have revealed the patient required surgery in the first place.
According to the patient, the doctor did not ask for her consent before any of the procedures, nor did he describe risks or alternatives. He also caused internal injuries that led to sepsis and failed to protect her from the lingering medical effects. Hospitals and doctors in Nassau and Suffolk Counties must be on guard for this type of negligence.

As a result, the suit claims the woman has a perforated colon, acute respiratory difficulties, sepsis syndrome, kidney failure, liver injury, a bleeding disorder, and even a failure in multiple organs that lead to bleeding in the brain. Part of her skull had to be removed to relieve the pressure.

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