Articles Posted in Surgery Malpractice

A Massachusetts jury has found that two doctors at Children’s Hospital Boston were guilty of medical malpractice that caused the death of a 3-year-old boy, and awarded the parents $15 million. The boy died a year and a half after he underwent surgery for a birth defect. The child was born with a severe congenital heart defect called Tetralogy of Fallot, a complicated but treatable birth defect that affects the flow of blood through the heart. He underwent eight procedures, 7 of which were cardiac catheterizations, before coming to Children’s for another catheterization procedure to widen his arteries. After the Boston procedure, the child suffered a seizure. A CAT scan revealed that that contrast dye, which is used during the procedure to better see the patient’s anatomy, had leaked into his brain. Later, an MRI revealed that a piece of metal had lodged in the boy’s brain, probably from a medical instrument. When the child left the hospital, he was unable to walk or speak. The jury awarded damages of $5 million for the child’s pain and suffering, $5 million for the parents’ loss of their child, and $5 million for the child’s wrongful death.

There has been a lot of publicity lately about a doctor at St. Joseph Medical Center in Towson, Maryland, that supposedly implanted cardiac stents that may not have been necessary. The publicity started after St. Joseph Medical Center sent out letters to 369 former patients stating that a review of surgeries by Dr. Mark Midei revealed that Dr. Midei may have told these people that they had severe coronary artery blockages that they actually didn’t have, and then recommend and performed stent surgery on these people when it was not necessary. Usually, such stents are only placed in people who have blockages of 70% or more.

One common type of malpractice concerns the failure of a clinician or radiologist to properly diagnose a patient’s musculoskeletal tumor based on the relevant clinical and radiological features. One sub-type of these musculoskeletal tumors is a cartilage tumor, a tumor that grows within a human bone.

A widower has won an $8.5 million medical malpractice verdict against an Indiana hospital over his wife’s death. The woman, who had a dangerous bowel obstruction, died after the hospital failed to timely get an x-ray to doctors that showed her condition. During the trial, the man’s lawyers presented evidence demonstrating that the hospital failed to promptly get an x-ray to doctors that revealed the bowel obstruction, which is a life-threatening medical condition. The Plaintiff alleged that the hospital’s actions led to a one day delay in reading the film and postponed emergency surgery that would have cleared the obstruction and saved the woman’s life.

A jury has awarded $1 million to a New Mexico man who alleged a surgeon committed medical malpractice in repairing a colon perforation after a colonoscopy. The patient suffered a tiny bowel perforation during a colonoscopy. The surgeon then operated in order to repair the hole, but the surgeon did not see any hole and therefore failed to repair it. Because the surgeon didn’t see the perforation, he assumed it had sealed itself, but the surgeon failed to use procedures he could have used – such a dye test – to locate the perforation. As a result, the man’s bowels continue to leak feces into his man’s abdomen for eleven days causing massive infection. The infection resulted in severe scarring in his abdomen, which has required thirteen operations.

A Frederick County jury has awarded almost $1.37 million to a woman who suffers severe and chronic leg pain and must take a blood thinner each day, after a diagnostic test left her with vascular injuries. The jury found that a doctor negligently performed a laparoscopy to determine the cause of the woman’s ovarian or abdominal soreness, and that he lacerated blood vessels. The lacerations led to emergency surgery which stopped the bleeding, but the incident left her with a deep vein thrombosis, or blood clot, in her leg and the possibility of more clots. The plaintiff alleged that the doctor violated the standard of care by performing the procedure without proper visualization, using excessive force and failing to take proper precautions to avoid cutting blood vessels.

As an experienced Baltimore, Maryland medical malpractice lawyer, I am frequently asked to comment on malpractice cases from around the county. Recently, a Rhode Island jury awarded a former truck driver $4 million in an orthopedic negligence case. The man filed suit in 2002 alleging that the doctor negligently performed surgery on his hand by slicing a nerve. This allegedly caused his hand to hurt, change color and temperature, and sweat. He eventually was diagnosed with Reflex Sympathetic Dystrophy Syndrome, a chronic neurological disorder that causes severe pain. His hand since has become claw-like, and continues to have pain. As a result, he has become addicted to pain medication and relies on drugs to fall asleep each night.

A Los Angeles County woman may receive more than $1.6 million to settle a malpractice lawsuit she brought against the county after being paralyzed during back surgery at a Los Angeles medical center. The L.A. county Claims Board is prepared to discuss the proposed medical malpractice settlement with legal counsel behind closed doors. If they give their go-ahead, the matter will then go before the county Board of Supervisors for final approval.

A jury in a medical malpractice case returned a jury verdict of $9.9 million last week to a Kentucky woman who suffered severe injuries and damages after routine heart surgery. The woman had surgery on her mitral valve in her heart in April 2006. The surgery took less than an hour and was successful. However, during the sugery, the surgeon allegedly misplaced the cannula, or hose, for a machine that pumps blood during the surgery. The woman claimed during the trial that the misplacement caused too much blood and oxygen to be pumped to her right hand and too little to her brain and spinal cord, causing her to no longer be able to walk due to paraplegia and to suffer mild to moderate brain damage.

A Michigan husband and wife have been awarded almost $1.2 million by a jury in a medical malpractice lawsuit filed against a local doctor. The jury decided late last week after a two-day trial that the doctor was negligent regarding hernia surgery he performed in June, 2003. During the procedure, the man’s small bowel was nicked but the injury was not repaired at the time, causing him to have a septic reaction that included an long hospital stay. As part of the treatment for the nicked bowel, the man incurred several hundred thousand dollars of medical bills. The surgeon denied any negligence, saying that the patient knew of and appreciated risks and hazards involved in the medical treatment. The man’s wife was awarded $50,544 for being deprived the comfort, companionship, society, and services of her husband.

I have successfully handled a number of medical malpractice cases involving doctors (surgeons usually) injuring an artery or vein during a surgical procedure. For example, in one severe injury case, a spinal / orthopedic surgeon was installing hardware on the cervical spine of a woman who had cervical disk (disc) disease, when he hit an artery with a drill and caused the woman to have a severe stroke. The storke caused the woman to have a lifetime of medical and other care expenses as a result of the surgeon’s negligence.

A New Jersey doctor’s medical license has just been suspended after regulators determined that he performed the wrong surgery on a patient, by removing the wrong lung, then tried to cover up the error. The New Jersey Board found Dr. Santusht Perera removed a portion of the patient’s right lung when he should have been removing a tumor in the left lung. According to the Board, the surgeon then told the patient that the right lung contained a life-threatening tumor, though there was no such growth. He also altered the patient’s records to show he intended to operate on the right lung. The board determined that Perera’s actions constituted gross negligence. A copy of the article regarding the case can be found here.

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