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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June 6, 2011

Routine Knee Surgery Kills Patient

A New York Medical Malpractice Lawyer explains that a lawsuit filed for a patient suffering from sleep apnea that was prescribed Percocet and Dilaudid could of lead to his death. The patient was undergoing routine knee replacement surgery and the two drugs were administered. The usage of these drugs should be monitored closely when the patient also has sleep apnea.

The family of the patient has filed a wrongful death lawsuit under the advice of their NY Medical Malpractice Lawyer. The patient suffered from a heart attack while he was traveling to his home. He was transported to hospital but died two days after as a direct result of the heart attack.

The patient underwent the routine surgery in April 2010. The entire medical staff was aware that the patient suffered from sleep apnea and needed specialist care. The surgery was completely successful and the patient was then transferred to the recovery unit for anesthesia, where he seemed to be making a good recovery.

Almost as soon as the patient reached the recovery unit he was discharged again. The doctor authorized his release. Although he was not thought to be in pain, the nurses in the recovery unit administered Dilaudid and Percocet. Anyone with any medical experience should know the risks of using this medication on a patient which has obstructive sleep apnea. The correct procedures were not followed, but doctors discharged him because he seemed ok.

He was helped to get dressed and then his wife collected him at 11:20AM. This meant that he was collected before the drugs had actually had any effect on him. While the patient was checked after having the drugs, no other evaluations were ever conducted by any doctors or nurses. This was a major failing of the health center. If this type of malpractice takes place in The Bronx or Queens, a local attorney should be contacted.

Both of these drugs are used to treat pain. They are known to cause or worsen respiratory depression. This is much more likely in patients which suffer from obstructive sleep apnea. The patients should be monitored for at least 3 hours after receiving the medication and should not be released until after this period.

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