Articles Tagged with personal injury lawyer

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.

A person who is injured expects to receive adequate care and treatment from doctors and medical staff. Patients certainly do not expect that they will walk out of a hospital or doctor’s office in a worse condition than when they arrived. Unfortunately, that is exactly what happened in a recent medical malpractice case in New York.

Almost ten years ago, a New York man slipped on some steps as he made his way into work as a public safety dispatcher, breaking one of his ankles. He subsequently sought treatment for his injury from a doctor at an orthopedic practice. Later, he began experiencing significant pain on the side of his foot near his little toe. This intense pain prompted him to seek treatment from another doctor. From 2005 to 2009, a surgeon at a knee center began performing surgeries on his little toe in hopes of alleviating the patient’s pain. Eventually, however, the surgeon amputated the patient’s little toe.

Sometime after this amputation, the patient developed an infection, and the doctor was forced to amputate the fourth toe. The patient’s pain persisted, and in July 2009 the knee surgeon amputated the leg just below the knee. Once again, the patient developed another post-surgical infection which required the amputation of the remaining leg above the knee. After these surgeries in 2009, the patient no longer was able to work. In all, the patient underwent twelve surgeries from various doctors in New York. Following all of these surgeries, the patient filed a medical malpractice suit against his treating doctors and surgeons.

Numerous Maryland hospitals are currently in the process of testing almost 2,000 patients who may have been exposed to hepatitis C, a viral disease that typically affects the liver.

David Kwiatkowski, an employee at as many as eleven hospitals nationwide, was arrested in July 2012 after authorities learned he had been injecting himself with syringes filled with stolen narcotics at the hospitals where he worked, and then leaving the contaminated needles to be used on other patients. Investigators believe Kwiatkowski may have had hepatitis C since at least June 2010, increasing the likelihood that he infected patients who came in contact with these syringes.

In Maryland, Kwiatkowski is known to have worked at four hospitals including Johns Hopkins Hospital, Maryland General Hospital, Baltimore VA Medical Center and Southern Maryland Hospital. At Johns Hopkins Hospital, three people have tested positive for a hepatitis C strain the same or similar to Kwiatkowski which indicates their cases may be related.

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.

A couple in Pennsylvania has filed two medical malpractice lawsuits following, what should have been, a routine organ transplant.

The couple alleges that the organ transplant went awry when, despite test results indicating the donor-spouse had hepatitis C, the hospital transplanted her kidney into her husband. Hepatitis C is an incurable infectious disease that attacks the liver causing a wide range of problems including damage, cirrhosis, cancer or failure.

The first lawsuit was filed against the hospital and various staff members. The suit, filed by the donee and the donor, alleges negligence. The couple states that the donor’s blood results were available months before the organ transplant, but that the hospital and physicians missed them. The organ transplant, which took place in April, was preceded by a blood test on January 26 which indicated that the donor had hepatitis C. The hospital never notified the donor of these results or disqualified her as an organ donor. Another test, which occurred weeks after the organ transplant, also indicated the presence of the infection. It was not until a month after the kidney transplant had taken place when the donor was notified of these results.

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.

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.

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.

This sounds like a very good case. It is important for all health care providers to obtain baseline vital signs on a patient and perform reasonable tests that can diagnose serious problems that are likely. In this case, the doctors diagnosed a kidney stone but did not do the routine blood testing that would have revealed that the woman actually was very sick. Instead, she was sent home with the false assurance that she could wait a few days to be seen. It is tragic.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many medical malpractice cases failure to timely perform appropriate medical tests that would have revealed a serious illness. It is always a shame when a simple and routine test is not performed, resulting in a serious injury or death.

A jury in Massachusetts has awarded a husband and wife $1.6 million in a malpractice case against a doctgor over the death of their son on a college basketball court. The young man, a Senior in college at Eastern Connecticut State University, collapsed during a game due to a congenital heart defect called hypertrophic cardiomyopathy. The family claimed that the doctor, who had examined the young man and found him eligible to play, missed the heart condition.

As an experienced Maryland and Washington, D.C. attorney who handles many medical malpractice and other catastrophic injury cases, I have successfully handled many death cases and even a number of cases involving hypertrophic cardiomyopathy. This is a condition that can be easily diagnosed. To see some of the cases I have handled, click here.

 

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

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.

To date, there have been seven articles about this fiasco in the Baltimore Sun, consisting of the following:

1/15/10 Patients learn they might have unneeded stents.

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