Articles Posted in Surgical Errors

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Doctors believe our American healthy care system needs change but the recent bill passed in the Senate last week, they conquer, is not the answer.

Although costs of medical malpractice claims are difficult problems to solve, passing Senate Bill 33 might create a bigger problem for the country.

Senate Bill 33, he explained, will cap noneconomic damage rewards at $500,000, which too many seems like enough money but lawyers argue it isn’t.

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While some people think that medical malpractice reform, meaning capping damage awards, is a good idea, the victims don’t, and with good reason. Many medical malpractice lawyers are also joining the hue and cry against med mal reform because of what it will do to innocent victims whose damages exceed the proposed caps – in most cases, $250,000, explained a New York Medical Malpractice Lawyer.

What’s going on in Texas could go on in Manhattan and Long Island and may well spill over to other states and this is something that needs to be watched carefully, as the legal impact may be enormous. In Texas, there are concerns tort reform just may override their own state limits on medical liability issues. Seems they don’t think the feds have the power to do that under the Commerce Clause. They also want to ensure the med mal reform law does not violate states’ rights under the 10th amendment. Missing here seems to be the concern for victims, which does come up later, but a little too little too late.

What’s going on in Texas is that they want to keep their own med mal reform law, which caps pain and suffering at $250,000 and they like the idea of tort reform. In fact, they want tort reform for all states – something other Americans are not so sure is a good idea.

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A settlement has been reached in an Irish case in which a woman allegedly suffered brain damage due to the mishandling of her care after her honeymoon, sources tell Law Offices. Her case was before the Irish High Court before settlement was reached.

The victim in this case is a 46-year-old woman from Loughlinstown, Ireland. Coworkers described her as “bubbly and vivacious” from her time as a receptionist. Today, she is unable to work and requires almost constant care, observed the source.

The victim’s husband brought the suit forward in her behalf. He alleged the hospital and the surgeon in charge of his wife’s case were responsible for her current condition. Formally, they were charged with negligence and of acting in breach of duty at St. Michael’s Hospital, where the surgery that led to the victim’s condition took place.

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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.

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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.

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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.

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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 deathcomplaint against the Cleveland Clinic and both surgeons on January 24th.

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Many professionals including a doctor think that if doctors had a surgical checklist, it would help to prevent many medical malpractice cases. This conclusion was reached after looking at numerous data from one of the biggest medical liability insurance company. What was found proved alarming – almost a third of all the claims made were from errors that happened in the medical arena. Had the doctors have a checklist, a doctor thinks that these cases could have been avoided.

The doctor also agrees that it is very challenging and hard to place a price tag on how the system works with medical liabilities. However, a recent study showed that the cost could add up to an excess of $55 billion each year or a small chunk of the health care expenditure in the United States.

Additionally, many experts including a representative believe that many citizens in America die each year because of medical mistakes and most of these are in relation to surgery.

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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.

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Nearly 70 percent of doctors over the age of 50 have been sued according the American Medical Association, reported a study. He went on to say that many of these claims are dismissed but 95 out of 100 doctors will be sued at some point in their career.

These staggering numbers will likely harm doctor’s ability to provide their patience with quality care claimed a representative for the American Medical Association. He added that our country continues to work hard to reduce unnecessary health care costs and these statistics just don’t help.

In a survey conducted by the AMA, it was clear that certain types of doctors or surgeons were much more likely to be sued than others. General Surgeons, OBGYNs men doctors, and practice owners were most likely to be sued, whereas Pediatricians, women doctors, younger doctors and Psychologists were least likely to be sued. Only about 5 percent of doctors are sued per year, a study pointed out.

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