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A jury in Washington State has awarded more than $1.5 million dollars to a carpenter and his wife after a physician failed to timely diagnose the 56 year-old man’s compartment syndrome. Compartment syndrome is a condition in which swelling compresses muscles, nerves and blood vessels within an area of the body, restricting the flow of oxygen which in turn destroys nerves and muscles. It was the plaintiffs’ position that compartment syndrome must be addressed within six hours of injury to optimize the outcome of the patient.

“No human being should ever die from a urinary tract infection in today’s world of modern medicine.” That was the theme of a Maryland medical malpractice case in which the jury last week awarded $2.6 million dollars to the husband and two young children of a woman who indeed died after her physicians failed to timely and appropriately diagnose and treat her urinary tract infection (UTI).

According to the Mayo Clinic, “atrial fibrillation (‘AFib’) is an irregular and often rapid heart rate that can increase your risk of stroke, heart failure and other heart-related complications.” When a patient is experiencing AFib, the heart’s two upper chambers of the heart beat chaotically and irregularly, not in unison with the lower two chambers. The symptoms of AFib include, but are not limited to shortness of breath, weakness and heart palpitations.

This week, the Maryland Court of Special Appeals upheld the dismissal of a medical malpractice and wrongful death action filed against a board-certified anesthesiologist and critical care physician at the University of Maryland Medical Center. STSW attorneys were not involved with the prosecution or appeal of this case.

Earlier this month, a Prince Georges County, Maryland jury awarded nearly $400,000 for wrongful birth as the result of the mother/wife becoming pregnant after undergoing a bilateral tubal ligation (BTL) procedure. A BTL is a surgical procedure that involves blocking the fallopian tubes to prevent the female’s egg from being fertilized. In this case, the BTL was performed by cauterization (burning) but it also can be performed by cutting, removing sections of, or placing clips on the fallopian tubes.

A New Jersey jury this month awarded $6 million to the family of a man who died from colon cancer that should have been recognized and treated far sooner. A copy of the article regarding the case can be found here. In the medical malpractice lawsuit, the family alleged that the 62 year-old patient – whose family medical history included colon cancer – became concerned when he noticed blood in his stool. In 2007, he presented to a colorectal surgeon who, after performing a colonoscopy, told the patient that the blood in his stool was merely the result of hemorrhoids, indicating to the patient that there was nothing to worry about. Interestingly, the doctor had videotaped the colonoscopy so that he could use it for educational purposes in the future.

Last week, a Minnesota jury awarded $9.1 to a then-51 year old man who suffered paralysis during surgery to repair a perforated bowel. The verdict is believed to be the third-largest verdict or settlement in the state’s history. A copy of the article regarding the case can be found here. The gentleman presented to an area hospital with flu-like symptoms and was given fluids for dehydration until his doctors determined that he was suffering from a perforated bowel. In preparing him for surgery, his doctors stopped the administration of fluids for his dehydration. As a result, his blood pressure dropped dramatically which prevented his spinal cord from receiving adequate blood flow, resulting in permanent spinal cord damage.

As experienced medical malpractice attorneys in Maryland, we frequently receive calls from people who believe an ambulance company, paramedic or some other type of emergency first-responder made a medical mistake that caused them needless injury. Of course, the question becomes: can such emergency personnel be held responsible for medical negligence through a medical malpractice lawsuit? The answer to this question, like so many others under the law, is “it depends.”

In order to encourage finality of potential claims – and to discourage the filing of claims after evidence has been lost and memories have faded – all states have enacted a “statute of limitations.” A statute of limitations is a law that sets forth the amount of time that a potential plaintiff has in which to file his or her case after the incident giving rise to the case occurs. If the case is not filed by the deadline, the plaintiff will forever be prohibited from bringing that claim. Accordingly, the importance of understanding the statute of limitations and keeping track of the deadline cannot be overstated.

This week, a North Carolina jury awarded $7.5 million to a gentleman whose botched colon surgery left him with severe and debilitating complications. In June of 2010, the patient underwent surgery to remove a portion of his colon due to a potentially cancerous mass that had been found. It was alleged that when the surgeon connected the new ends of the colon together, there was a leak. The patient in this case became extremely ill following the surgery. He suffered from a prolonged period of low blood pressure as well as kidney failure, infection and internal bleeding. He also underwent two additional surgeries during which his physicians were unable to locate the source of the infection. A colonoscopy later that same year revealed a leak in the area where a portion of the colon had been resected. A fourth surgery was then performed to repair the leak and mitigate the resulting internal damage.

Lithium is an often-prescribed psychiatric medication used to treat select health conditions such as bipolar disorder and depression. Doctors have long understood that extended lithium intake can have long-term side effects most often effecting the kidneys and thyroid gland. Specifically, lithium can reduce the ability of the kidneys to concentrate urine, leading to dilution and polyuria (excessive urination). Lithium is not metabolized and is excreted almost exclusively through the kidneys. Monitoring kidney function is therefore an essential component of ongoing lithium therapy.

One of the most shockingly common types of medical malpractice occurs when a surgeon and his or her surgical team concludes a procedure without removing all of the foreign objects used on the patient during the surgery. Such objects may include sponges, clamps, gauze, surgical instruments and even needles. If a foreign object is left in the body after the surgery is completed, life-threatening conditions can – and often do – ensue. These objects can cause severe pain and often result in, among other things, significant infections and organ damage which can lead to death if not timely and appropriately recognized and removed. Of course, at a minimum, the negligent failure to remove all foreign objects from the body before closing the incision necessitates an additional painful surgery to remove the object which means additional hospitalization, increased medical bills and, sometimes, unnecessary lost wages.

At the conclusion of a three-week trial, a Baltimore City jury last week awarded $28 million to a 47 year-old man whose perforated ulcer went undiagnosed, resulting in significant complications and life-altering deteriorations in his health. The man had a history of Crohn’s disease, a chronic inflammatory condition of the gastrointestinal tract. However, his Chron’s had not caused him any significant trouble since a surgical procedure in 2000.

Earlier this year, a Detroit jury awarded $21 million to the family of a woman who died following a brain surgery that she was never supposed to undergo. A copy of the article regarding the case can be found here. The 81 year-old presented to the hospital in January of 2012 for treatment of her bilateral jaw displacement (dislocated jaw). Unfortunately, upon her admission, hospital staff mixed up her CT Scan results with those of another patient, causing the doctors to believe that this woman had bleeding on her brain requiring emergency surgery.

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