Articles Tagged with medical lawsuit

An IV, short for “intravenous,” is a familiar medical device used by doctors and nurses to administer various medications and other fluids to patients by inserting a needle or tube directly into the patient’s vein. Once the IV is inserted into the vein, it typically is taped to the skin to prevent it from moving or otherwise coming loose. If an IV becomes dislodged from the vein but stays under the patient’s skin, the medication being dispensed can be harmful to the surrounding tissue. This is called an IV extravasation.

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.

Patients expect that their doctors will take good care of them and do whatever necessary to stabilize or treat their condition. However, one doctor – an orthopedic surgeon – recently was found guilty of medical malpractice when his actions led to his patient becoming a paraplegic; the jury awarded the patient and his wife $2.85 million.

The New York Times recently ran a fascinating op ed by Joanna Schwartz, a professor at UCLA. The subject was a study that Professor Schwartz did on the value of medical malpractice litigation in reducing medical errors. Professor Schwartz’s conclusion was that medical malpractice claims and lawsuits actually don’t result in doctors and other health professionals hiding problems and, in fact, such suits actually encourage improved practices.

In late June, one of the largest medical malpractice verdicts in Maryland was handed down by a Baltimore City jury against Johns Hopkins Hospital along with Johns Hopkins Health Systems Corp. The jury awarded the family of a child born with cerebral palsy and seizure disorder $55 Million.

In early 2003, a Pennsylvania pharmacist died of a heart attack while at work. In 2009, a jury found his family doctor negligent and awarded the man’s widow $4 million. Later, after determining the delay in the conclusion of the case was improper, the presiding Judge awarded the man’s widow an additional $1.2 million in damages. Last month, the Pennsylvania Superior Court upheld that $5.2 million award in the medical malpractice case.

A woman in Pennsylvania was recently awarded one of the highest sums ever recorded in a medical malpractice suit after an infection went unnoticed and nearly killed her. The lawsuit was based upon medical negligence and medical errors committed by a home nurse that was treating the woman, who was suffering from Crohn’s disease. The woman was receiving care from a home nurse when the R.N. failed to recognize that she had an infected catheter. As a result of the nurse failing to refer the patient to a physician to treat the infected catheter, both of the woman’s legs were amputated below the knee. This was a result of the infection spreading to the bloodstream.

Earlier this month the Maryland Department of Health and Mental Hygiene Office of Health Care Quality published a report regarding medical malpractice in Maryland hospitals. The report is a review of the safety and care provided to patients in Maryland hospitals. The report compiles information collected by the OHCQ in 2010 relating to serious adverse events that affected patients or their families.

A Connecticut jury has awarded more than $1.3 million in a medical malpractice case. In the case, the plaintiff sued her oncologists alleging that they treated her for years for the wrong form of cancer, which led to the removal of part of her intestines and colon.

What makes the case especially unusual is that the case included a claim for damages on behalf of the woman’s longtime partner who had joined the woman in a civil union . In the litigation, a judge threw out the partner’s claims, holding that while the woman had been partners for more than 20 years they were not legally joined at the time of the alleged negligence.

If such a case is brought in Maryland, it will be interesting to see what the result is. Maryland’s wrongful death statute, section 3-904 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, a copy of which is below, allows claims for by a parent, spouse or child of the deceased person. The claim is for emotional distress and financial loss due to the death of family member. These are the most common type of wrongful death claim, as there is frequently a parent, spouse or child of the deceased alive to pursue such a case. The term “spouse” is not defined in the section where the statute is contained, so one certainly could argue that a person who participates in a lawful civil union ceremony is a “spouse” for purposes of the wrongful death act. If that argument doesn’t work, the Maryland wrongful death act includes a provision to allow for economic losses by certain people if there is no parent, spouse or child of the deceased. Those claims are for people related to the deceased by blood or marriage. Again, it can be argued that “marriage” is not defined, so that could cover a person who participates in a lawful civil union ceremony. It’s only a matter of time before this is tested.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many wrongful death cases on behalf of parents, spouses and children of the deceased.

We handle cases like these all of the time in my practice.

 

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

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A South Carolina jury has awarded $3 million in a medical malpractice case to the family of a 25-year-old woman who died after medical treatment in 2002. The woman died from an infection due to a kidney stone. After the treatment at a local emergency room, the woman was discharged and due to check-up with a urologist the following Monday. However, before she could see the doctor, she died from an infection. The jury found that the emergency room and hospital did not meet the standard of care when they failed to take appropriate vital signs and perform basic testing, which would have resulted in proper diagnosis and treatment of the infection.

So far, I have carefully selected about a three medical malpractice cases against Dr. Mark Midei and St. Joseph Medical Center. In each of these cases, the client contacted me either after getting a letter from St. Joseph Medical Center stating that he or she received an unnecessary stent or after reading articles in the newspaper about Dr. Midei and St. Joseph.

A bill currently is being considered by the Maryland legislature would expand a law that protect a doctors from his apology being used against him in court in a medical malpractice case. Currently, Maryland law states that an apology or statement of regret by a doctor is inadmissible in a medical malpractice trial. That statute, which is found in Section 10-920 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, encourages doctors to apologize for an error. In my opinion, it is a good law that encourages a doctor to be honest with a patient.

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