medical lawsuit

What Is IV Extravasation?

April 1, 2024 | by Ethan S. Nochumowitz

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.

If the patient is awake when the extravasation occurs, they usually feel immediate pain or discomfort and can quickly notify a doctor or nurse of the problem before significant harm is caused. However, if the extravasation occurs while the patient is unconscious (for example due to anesthesia or other sedation), the harmful medication can be dispensed into the patient’s tissue for a long period of time, causing significant injury to the patient, including tissue damage and necrosis (death of the tissue).

As a result, it is important that when a patient who has an IV is unconscious, the doctors and nurses regularly check the IV to ensure that no extravasation has occurred and quickly stop the dispensation of medication if it does occur.

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Jury Awards $7.5 Million in Surgical Malpractice Case

October 2, 2015 | by Andrew G. Slutkin

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.

When a perforation occurs in the gastrointestinal tract, substances such as fecal matter, food and bacteria can leak in to the abdominal cavity which can cause infection, organ damage and even death. Perforations of the colon can happen on their own but, more commonly, occur during surgeries in the abdomen. Symptoms of a colon injury include fever, pain, increased heartbeat, increased respiratory rate and distension of the abdomen. Generally speaking, a perforated colon can be diagnosed using the CT Scan technology that is available today.

Often times, the defense in these types of cases is that the perforation – and the resultant leak – in and of itself is not a breach of the standard of acceptable medical care. While the truth of this defense depends on the circumstances, a good medical malpractice attorney can get around this argument by showing that a delay in diagnosing the perforation and leak resulted in unnecessary harm and damages.

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Medical Malpractice Involving Steroid Injection

April 23, 2014 | by Andrew G. Slutkin

A Kansas jury recently found that a Kansas doctor and pain clinic were guilty of medical malpractice that caused the death of a 40-year-old man, and awarded the Missouri family nearly $3 million.

The medical malpractice suit stems from a series a steroid injections beginning in May 2008. The patient, who suffered chronic lower back pain, visited a Kansas pain clinic in early 2008. In May, one of the physicians who operated the clinic injected medication into the patient’s back. This alleviated his pain for a while, but in December the patient was back in the clinic for a second round of injections. Unfortunately, those injections failed, and the patient returned to the clinic on January 5, 2009. The original treating physician was on vacation, so another operating physician attended to the patient. This physician administered an epidural steroid injection in the patient’s lower back. Soon after, the patient’s pain still had not subsided, and a lump started to appear where the needle had gone in. The medical malpractice suit states that the patient complained that the lump hurt but was told by the clinic that minor swelling at the injection site was normal.

About a week later, the patient went back to the clinic for another injection. According to the medical malpractice suit, at this time the patient told a nurse about the lump and the pain around it. After checking with the physician, the nurse said it was no problem.

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Orthopedic Surgeon’s Medical Negligence Leads to Paralysis

October 31, 2013 | by Andrew G. Slutkin

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 patient presented to the emergency room in the spring of 2004 after he suffered numerous and severe injuries in an automobile accident. While being prepped for surgery to stop the bleeding in his forearm, the treating orthopedic surgeon ordered a CT scan of the patient’s knee, which he also injured in the accident. According to the trial testimony, when the physician ordered the CT scan, the patient’s blood pressure was at a dangerously low level. The CT scan caused a nearly 30-minute delay in the patient’s surgery. During this delay, the patient went into cardiac arrest and respiratory arrest. Although two physicians nearby – an emergency room doctor and an anesthesiologist – fortunately resuscitated the patient, the delay and resulting injuries led to the death of a portion of his spinal cord, also known as a spinal cord stroke. Tragically, he suffered permanent paralysis from just above the waist down.

According to the lawyers and experts who testified at the trial, the patient’s extremely low blood pressure should have alerted doctors and nurses that he was on the verge of a cardiac arrest and that to interrupt the necessary treatment of the patient’s arm was negligent. Several doctors further testified that the patient should not have been transferred from the pre-operative holding area when his vital signs were as low as they were – even the experts for the defendant physician. Various witness accounts and medical records also presented at trial revealed that the patient’s blood pressure and pulse remained at zero after the cardiac arrest, leaving his body without blood flow for approximately eight to twenty-seven minutes.

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Malpractice litigation helps reduce medical error

May 21, 2013 | by Andrew G. Slutkin

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 order to reach her conclusions, Professor Schwartz surveyed more than 400 people who are responsible for hospital risk management, claims management and quality improvement in hospitals in the U.S. She found that, although hospitals used to handle medical errors and lawsuits by taking an adversarial and secret approach, hospitals have begun changing that approach. Now, she reports, hospitals are more open with patients. In fact, she found that over 80 percent of hospitals that she surveyed now actually have a policy of apologizing to patients who are victims of errors. Most importantly, she found that most hospitals are willing to discuss and learn from errors with staff. This is a dramatic shift form the old days when health care providers kept from patients the fact of medical injury.

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

Baltimore City Jury Awards Family $55 Million Following Medical Negligence in Delivery

August 1, 2012 | by Andrew G. Slutkin

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.

The case stems from what was expected to be an emergency Caesarean section, but various medical mistakes and doctor errors resulted in a wait of more than two hours. The child was born with permanent and severe mental and physical disabilities as a result of loss of oxygen to the brain during the wait. Johns Hopkins Hospital continues to dispute any doctor error or medical malpractice and indicated that they will appeal the verdict.

The $55 Million verdict included a $25 Million award for future medical expenses based upon a life-care plan, $4 Million for future lost wages, and $26 Million for non-economic damages including thing such as pain and suffering. Although the award will be reduced as a result of Maryland’s medical malpractice cap on damages, the actual award will still be around $30 Million.

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Family Wins Medical Malpractice Case Against Johns Hopkins Hospital

December 1, 2011 | by Andrew G. Slutkin

In early 2010, the family of a 17-year-old girl with a rare genetic disorder brought a medical malpractice suit against the Johns Hopkins Hospital alleging that the Johns Hopkins doctors and nurses provided inappropriate treatment to the disabled girl.

The Baltimore City jury that heard the medical malpractice suit found the staff at Johns Hopkins negligent in restraining the girl in a manner that caused extensive bruising. The girl, a long-time patient at Johns Hopkins Hospital, was extremely frail as a result of her condition and required special treatment. The girl’s father alleged that following an overnight stay at Johns Hopkins Hospital on March 12, 2007, he noticed “numerous bruises” on the girl’s body in addition to a “large lump on her forehead.” Johns Hopkins Hospital staff provided no explanation for the bruises other than “spontaneous bruising” caused by her disorder. The girl’s father was not satisfied with this response, and brought the medical malpractice suit against Johns Hopkins Hospital. Ultimately, the jury found that Johns Hopkins Hospital was negligent and committed malpractice for the bruises awarded the girl $250,000.00.

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

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Failure to Timely Diagnose and Treat Heart Attack

October 4, 2011 | by Andrew G. Slutkin

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.

This case is an example of the catastrophic results of a doctor failing to correctly diagnose and treat his patient. The man went to see the doctor four days before his death as a result of unexplained chest pain, jaw pain and anxiety. The doctor advised him that these symptoms were the result of anxiety. However, the man’s attorneys argued that the the doctor made a critical error by failing to take into account the following: the man was overweight, he had high cholesterol, he had high blood pressure and he had a history of heart disease in his family. On the day of his death, the man again contacted the doctor as a result of his symptoms persisting. By the time the doctor returned his call, the man was already in cardiac arrest.

Ultimately, jurors agreed that when the doctor analyzed the man’s complaints in light of the risk factors he had, the doctor should have immediately sent the man to an emergency room because the mans’ symptoms were suggestive of a heart attack. The autopsy results further confirmed this determination as it showed heart damage, specifically indicating that the man had a heart attack a few days before his death.

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Failure to Diagnose and Treat Infection Causes Amputation

September 23, 2011 | by Andrew G. Slutkin

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.

The jury in this case awarded the woman $23.12 million after hearing about the failure of the nurse to treat the bacteria-infected catheter and found both the nurse and the employer negligent. The damages were based on compensatory awards of economic damages for medical expenses and lost wages, as well as non-economic damages associated with pain and suffering. A medical malpractice case requires a plaintiff to establish that a health care provider undertook care of a patient, and thus had a duty to the patient; the duty was breached by the health care provider upon their failure to perform at the standard level of care; and that damages to the plaintiff resulted. A finding of negligence means the jury thought that the evidence showed that the woman’s health care provider committed a medical error resulting from an omission which deviated from the standards of practice generally accepted in the medical community, and found that this failure caused injury to the patient.

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

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Maryland Hospital Patient Safety Report

June 10, 2011 | by Andrew G. Slutkin

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.

The adverse events that hospitals are required to report include a rather long list of mistakes that are possible because of hospital error, medical malpractice (negligence), or inattention. Patient falls are the most frequently reported event. In 2010, there were 88 reported cases resulting in serious disability or death. Of these 88 reported cases, 10 resulted in loss of limb or function of limb, 52 required surgical interventions, 20 required medical intervention and 6 resulted in death of the patient.

Hospital-acquired pressure sores / ulcers, which are associated with high morbidity (medical complications) and mortality (death) once they reach Stage 3 and 4, were reported 59 times in 2010 making it the second most frequently reported event. However, none of the reported cases in 2010 resulted in death.

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