Articles Tagged with Surgical malpractice

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.

Recently, a New York District Judge ordered Mogen Circumcision Instruments of New York to pay compensatory and punitive damages totaling $10.8 million to a Florida boy and his parents following a medical instrument malfunction. Despite the instrument maker’s claims that injury arising from the use of their Mogen clamp was impossible, the boy lost a portion of his penis. This is not the first time Mogen has been at the center of a circumcision injury lawsuit. Mogen was involved in a 2007 Massachusetts lawsuit where it was forced to pay $7.5 million. In the current case, the baby lost the entire head (glans) of his penis. The judgment amount was based on the court’s determination the Mogen had to pay for both medical expenses and the years of therapy that the child will need.

Malpractice is sometimes to blame for circumcision mistakes and injuries as well. A jury in a 2009 case awarded $2.3 million to a baby and his parents after too much tissue was removed during his circumcision. Despite a nurse’s complaint of excessive bleeding, the baby’s pediatrician failed to respond; had he, the tip of the penis might have been reattached. As a result of the medical negligence, the baby lost a third of the glans of his penis. The New York jury found both the physician who performed the circumcision and the pediatrician negligent.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of medical malpractice cases involving injured children. Many of these cases involve psychological as well as physical injury and damage. They are extremely complicated and require expertise that most general personal injury attorneys do not have.

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