August 18, 2012

Teenagers Awarded Compensation for Medical Negligence

Two teenagers underwent heart treatment when they were young children. As a direct result of this treatment they suffered from brain damage. Both of these teenagers were treated at hospitals in Bristol.

These teenagers have been awarded half a million pounds each to compensate for medical negligence. The money was awarded as a settlement from the Bristol Healthcare NHS Trust in the United Kingdom. The report noted that the money is awarded to help deal with ongoing medical expenses, and prior suffering and treatment expenses.

The standard of surgery conducted by a pediatric cardiac unit in Bristol was called into question almost ten years ago. A public enquiry was conducted to look specifically at the risks. The report found some startling results. The Lawyer has obtained a copy of the public enquiry report which shows just how serious the scandal really was.

This uncovered what was branded the Bristol Heart Scandal by the papers. The poor treatment resulted in the deaths of thirty five young patients, and more were severely injured. Many of the injuries included brain damage which will affect the patients for the rest of their life. The study found that the mortality rates in these hospitals were double most other hospitals.

The patients both argue that the level of care and the standard of surgery were far below what was expected. Not only did the treatment put their lives in danger, but it has left them permanently disabled. One of the patients requires around the clock care due to severe brain damage. This care is currently provided by her grandmother, but it is not clear what will happen when she is unable to care for her.

Although both of the cases have been settled, the NHS trust points out that they have not admitted liability. They offered the compensation as a way to safeguard their lives and ensure that they can afford to live. This ruling has hopefully made it much easier for the two patients who have been left disabled for the rest of their life. Hospitals in Queens and Staten Island are aware of this circumstance.

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June 6, 2012

Vibrant Newlywed Left Brain Damaged by Medical Negligence

At the hands of allegedly negligent surgical staff, a newlywed 46-year-old woman suffered brain damage in a surgery that she underwent for illness shortly after returning home from her honeymoon.

Last week, the court heard how the 46-year-old Wyattville Park resident had been a “bubbly and vivacious” receptionist, but how after her injury she needs almost 24-hour care. A rep said that the woman is a completely different person.

The woman’s husband, the chief executive of Phonographic Performance Ireland and the director general of the Irish Music Rights Organization, is suing on his wife’s behalf. At the root of the suit are the allegations that the HSE and the consultant surgeon, who works as St. Michael’s Hospital where the operation was carried out, were negligent and breached their duty the patient.

The hospital has admitted to a failure to provide a nutritionist during the surgery. This is the only statement of fault issued by any of the defendants, but it could prove to be a critical one.
The newlywed woman became ill while on honeymoon in the Dominican Republic in June of 2005. When the couple returned home, the wife was referred to St. Michael’s where she underwent laparotomy, a surgery to remove multiple abdominal adhesions. She was discharged ten days later, but only a few days later, she had to be readmitted with a worsened condition. She underwent a second surgery, including another laparotomy, in which a portion of her bowel had to be removed.

During this surgery, or immediately after, the patient required emergency intravenous feeding or total parenteral nutrition. According to a report, the surgical staff failed to administer thiamine with that required feeding. Because of that, the woman suffered brain damage and a condition known as Wernicke-Korsakoff psychosis.

Ultimately, the plaintiff alleges that the defendants are responsible for failing in their duty “to monitor, test, and review her nutritional needs as part of the nutrition management.”
Those injuries have left the 46-year-old receptionist confused, increasingly disoriented, and with memory problems. Executive and cognitive linguistic functions were also impaired. Her overall IQ has lowered as well, according to her attorney who practices in NYC and Staten Island.

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April 13, 2012

Mother Awarded Six Figure Damages Payout due to Negligence

A mother who gave birth to a baby was left in a critical condition as a result of medical negligence. The mother has recently won a six figure compensation package for her lawsuit.

The mother gave birth to her son in 2006. Doctors did not have any reason to suspect that this was not a normal pregnancy. She went to hospital ad was prepared for the birth of the baby.

The woman was prepared for her caesarean section and the operating went very well. However, the surgeons performing the operation failed to close the womb up correctly. This left her in a serious condition.

The patient alerted doctors to severe chest and stomach pains stated the expert. She collapsed and was given oxygen. However, she was not operated on for up to four hours because they did not realize the problem. Another surgeon discovered that the previous operation had failed to close the womb.

The patient alleges that the doctors did not spot the mistake in time to prevent her suffering from pain. The surgeon had to remove her entre womb which now leaves her unable to have any more children as a result of this mistake.

The woman initially wanted to have a large family, but unfortunately because of the hospitals negligence in performing the C-section this will never come true. The patient filed a suit against the hospital for medical negligence.

An investigation looked at whether or not the behavior of the hospital staff was negligent. It admitted that although these mistakes do happen they are rare. The doctors should have noticed that something was seriously wrong when they saw that the patient did not stop bleeding. If the mistake was noticed earlier then it could have been corrected rather than having to remove the entire womb. Hospitals in Queens and Staten Island have watched carefully.

They got awarded a six figure payout to compensate for pain, suffering, and because she is left unable to have children. The family said that they hoped to use this money to fund surrogacy to give their child – who is now five – a brother or sister.

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January 7, 2012

Employee fired after surgery

According to a report, a woman who was a former nurse’s assistant filed a lawsuit in Circuit Court against her former employer. The complaint alleged that the woman’s employer fired her when she spoke and criticized a surgery that she did a specific Medical Center. Her claim exceeded $350,000 in medical malpractice and $200,000 in the job firing claim.

An advocate agreed that the woman did have a case. The suit indicated that the woman was not given the follow-up treatment that was necessary for her to recover after the surgery. She underwent excruciating pain and suffering because of the ordeal. She had to go to the emergency room hours after the surgery to have the damage repaired. This resulted in additional pain and suffering.

Her employer warned her that she would be fired if she discussed her experience with anyone else. When she did, she was given a pink slip and lost her job as a result, stated a friend.

Her employers said that they complied with the Family Leave Act by granting the woman time off to recover from her surgery. However, the woman disagreed and said that when she asked for an extended period of time for sick leave, it was denied. Her employer suggested that she did not have additional accrued sick leave for that period.

She was denied benefits and so the woman decided to file a lawsuit for the ordeal that she had experienced. Courts in Queens and Staten Island have had similar cases occasionally.

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October 18, 2011

Doctor Operated on Wrong Eye of Young Child

A 4 year old requiring eye surgery has recently had the wrong eye operated on due to a mix up at the hospital. It’s not clear whether or not his sight will be permanently damaged.
A surgeon recently operated on the wrong eye of a 4 year old Child, explains a New York Medical Malpractice Lawyer. The child may suffer permanent sight problems as a result of this. The surgery was supposed to be a fairly simple procedure, but it was overly complicated due to the confusion.
The doctor who operated on the wrong eye said that she simply made a mistake. According to the court notes read by the investigator the nurse ended up covering up a mark on the eye showing which eye needed surgery.
According to a well-known New York Medical Malpractice Lawyer, this answer simply isn’t good enough. Doctors should check several times before cutting anything. The rest of the medical staff including other doctors and nurses should also check and double check the information before starting the operation.
The surgeon ultimately discovered here mistake. She then continued to operate on the correct eye. It is claimed that the correct procedure would have been to inform the parents and ask for consent.
The way that the parents were treated was very poor. They were not told what was going on until it was actually happening. Also nobody stayed with them to discuss their concerns.
The original operation was simply supposed to correct the one eye as it wandered. However, this simple procedure has now become highly complex.
The long term effects of this are not currently known. It is hoped that both of his eyes will make a full recovery. The boy has small red marks in the whites of the eyes. This means that he has to put eye drops into his eyes several times per day.
Surgeons should never operate on the wrong side or part of the body. But unfortunately this type of human error does happen occasionally even in hospitals in Staten Island and Westchester County. This is a very common example of medical malpractice.
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