Articles
Aortic Dissections: A Ticking Time Bomb for Doctors
Your Doctor’s Choice of a Therapeutic Anti-Coagulant Could Be The Difference Between Life and Death Following a Hip or Knee Replacement Surgery
6/12/15 – The properly therapeutic anti-coagulation regimen following an orthopedic procedure is key to surviving what is generally an otherwise routine operation.
$23 Million Jury Verdict for Baby Who Suffered a Brain Injury Believed to be Largest in History
5/27/15 – Parents of brain damaged baby recover record verdict following doctors’ failure to properly monitor and treat a high risk pregnancy
Failure to Timely Deliver Baby Via Emergency C-Section Leads to $5.25 Million Verdict
10/4/2013 – Negligent Failure to Timely Perform C-Section Causes Profound Brain Injury to Baby and results in $5.25 million settlement to parents of baby.
Failure to Order Follow-Up Tests Leads to Stroke and $6.4 Million Verdict
9/20/2013 – Failure to timely diagnose and treat heart condition leads to catastrophic stroke and $6.4 million verdict against Plaintiff’s primary care physician.
Are Patient’s Best Interests Always the Focus of a Health Care Provider: A Disturbing Case
9/16/2013 – Expert witness’ deposition testimony reveals that patients’ best interests were not protected during his own procedures as he attempted to show that a chemical solution that was utilized in surgical procedures was not as flammable as others had suggested.
Failure to Identify Seriousness of Condition Leads to Patient Death
9/2/2013 – Medical omissions (failing to identify critical signs and symptoms) as opposed to negligent actions give rise to numerous medical malpractice cases each year.
What Happens if a Loved One Dies as a Result of Medical Malpractice
8/23/2013 – Understanding the basics about filing a medical malpractice lawsuit after a loved one dies is an important first step to familiarizing yourself with the process.
Aging Doctors: Is There A Risk?
8/9/2013 – The lack of formal oversight to ensure the continuing competency of physicians as they age is a critical risk factor in the occurrence of medical negligence.
“Never Events” Are Actually “Often Events” That Lead to Serious Injury or Death
7/26/2013 – Approximately 4,000 “Never Events”, such as wrong site surgery or leaving a surgical instrument inside the body following a procedure, occur each year in the United States causing serious injury or death.
String of Lapses Leads to Wrong-Site Surgery
7/12/2013 – The frequency of wrong site surgery is actually increasing in hospitals and doctor’s offices across this country as is highlighted by the attached articles.
STSW lawyers obtain $1.42 Million Dollar Verdict in Wrong Site Surgery Case Against Local OB/GYN
6/2/2013 – STSW lawyers obtain $1.42 million verdict against OB/GYN for wrong site surgery and attempted cover-up.
Recent Johns Hopkins Study Points to Increased Risk of Medical Errors in Intensive Care Unit
5/15/2013 – JHU study highlights the increased incidence of medical errors involving a failure to timely and properly diagnose medical conditions in the ICU.
Recent Wall Street Journal Article Highlights Deadly Trends in Medical Mistakes
4/25/2013 – An interview with a noted Johns Hopkins Hospital surgeon has highlighted the somewhat shocking frequency with which medical mistakes are made in health care facilities across America.
Negligent Use of Contrast Dye Leads to Death
4/11/2013 – The family of a 75 year old woman recently settled a medical malpractice / medical negligence lawsuit for $1.5 million against a hospital and radiology technician who performed a CT scan on the woman.
Failure to Discontinue Pitocin During Labor Causes Severe Physical and Cognitive Injuries to Baby
3/28/2013 – A Wisconsin jury recently returned a $13.9 million dollar verdict against a mid-wife and her affiliated hospital in a lawsuit that alleged the mid-wife failed to administer appropriate levels of Pitocin.
Mishandling of Shoulder Dystocia During Delivery of Child Leads to Verdict
3/14/2013 – A Prince George’s County, Maryland jury returned a verdict of $20.9 million in a lawsuit brought by the parents of a minor child who suffered a left brachial plexus injury (shoulder dystocia) with nerve root disruption during his delivery.
Failure to Monitor Sodium Levels Leads to Permanent Brain Injury and Settlement
2/28/2013 – Failure of Endocrinologist and Nephrologist to Monitor Increasing Sodium Levels Leads to Coma and Permanent Brain Injury in an Illinois woman who now requires round-the-clock nursing care.
Negligent Re-Insertion of Feeding Tube Can Cause Death
1/31/2013 – The failure to confirm the correct location of an NG feeding tube prior to resuming tube feeding can result in severe lung disease and death. A number of patients across the country die from this negligence each year.
Failure to Monitor and Timely Treat Anti-Kell Antibodies Can Cause Serious Birth Injury
1/17/2013 – The failure to monitor and treat a mother with anti-Kell antibodies during her pregnancy can lead to a catastrophic result for the baby. Monitoring should include weekly ultrasounds and Dopplers that measure the velocity of the blood flow through the baby’s middle cerebral artery.
Failure to Monitor Patient Following Surgery Leads to Death
12/27/2012 – Alabama jury awards estate of man $3 million after hospital negligently discharged him home despite clear signs that he was continuing to bleed internally.
Failure to Diagnose Aortic Dissection Leads to Death and Settlement
12/3/2012 – Family receives $1.75M settlement following a radiologist’s failure to diagnose an aortic dissection (a true surgical emergency).
Incomplete Surgery Results in Recurrence of Cancer and Death
11/23/2012 – Surviving husband and children awarded $2.36 million after wife/mother’s gyencologist negligently performed a total abdominal hysterectomy, resulting in the recurrence of ovarian cancer.
Family of Patient Receive Settlement After Medication Error Mix-Up
10/26/2012 – Physician who mistakenly administered a medication that caused him to experience immediate respiratory distress and later die settles suit in favor of surviving family.
Failure to Respond To Fetal Distress In Labor Causes Profound Neurological Injuries
10/14/2012 – Nurses failure to timely respond to fetal distress after a baby’s heart rate dropped severely results in $8.5 million verdict against hospital after baby was born severely depressed and was subsequently diagnosed with cerebral palsy
Meningitis Outbreak Grows, Maryland One of Affected States
10/10/2012 – Outbreak of fungal meningitis, tied to contaminated vials of steroids used for injections, spreads to Maryland with 9 confirmed cases and at least one death to date.
Failure to Monitor Internal Bleeding Causes Collapsed Lung and Death
9/14/2012 – Failure to diagnose patient with internal bleeding following presentation to hospital with broken ribs after fall from ATV leads to collapsed lung and death.
Surgeon Negligently Severs Common Bile Duct During Laparoscopic Cholecystectomy
9/28/2012 – Surgeon’s Negligence in Cutting Common Bile Duct During Laparoscopic Cholecystectomy leads to million dollar settlement
Reaction to Anesthesia Leads to Brain Injury
8/31/2012 – Failure to monitor sedated patient leads to anoxic brain injury after patient has adverse reaction to anethesia. Jury awards patient $2.25 million as a result of cerebral hypoxic injury.
Brain Injury During Birth Leads to $4.3 Million Dollar Settlement
8/17/2012 – Physicians’ failure to recognize fetal distress (low heart rate) in utero leads to child born with cerebral palsy and developmental delays.
Negligent Implantation of a Spinal Cord Stimulator Can Lead to Paralysis and Lifetime of Care
8/3/2012 – The improper implantation of a spinal cord stimulator can cause paralysis and serve as the basis for a significant medical malpractice / medical negligence claim.
Aortic Dissection: Warning Signs
7/20/2012 – Physicians should be familiar with the traditional signs/symptoms of an aortic dissection because it is a true surgical emergency. Failure to be cognizant of these warning signs can lead to sudden death.
California Lawsuit Alleges Emergency Room Negligence in Treating Infant
4/12/2012 – California parents filed a lawsuit on behalf of their infant daughter who lost parts of all four limbs after the Emergency Room personnel at Catholic Healthcare West negligently delayed their treatment of their daughter.
Jury Awards $1.7 Million For Failure to Refer Patient to Specialist
1/11/2012 – Montana jury awards a widow and her four children, $1.7 million in a lawsuit for failure to refer their husband/father to a cardiac specialist following the presentation with chest pain.
Pharmacy / Prescription Error: When a Patient Receives the Wrong Medication
10/30/2011 – Patient prescription errors are one of the most common causes of medical malpractice suits. Each year, thousands of patients are mistakenly provided with the wrong medication or dosage of medication leading to serious injuries.
Failure to Prevent and Treat Pressure Ulcers/Bed Sores Leads to Death
9/27/2011 – Failure to prevent and treat bed sores leads to death of 85 year old woman and confidential settlement.
Misdiagnosis of Cause of High Blood Pressure Leads to Permanent Brain Damage
6/7/2011 – Failure to refer patient who presented with elevated blood pressure and other neurological symptoms for an immediate consultation at a hospital or with an internal medicine leads to stroke and subsequent jury aware for medical negligence.
Maryland Court of Appeals upholds Trial Court’s Decision Not to Give Spoliation Instruction Regarding Operative Note
4/11/2011 – The Maryland Court of Special Appeals upheld a trial court’s decision not to give a Plaintiff a spoliation instruction after it was discovered that a surgeon had failed to dictate a key operative note.
Botched Catheterization Procedure Leads to $1.5 Million Verdict
1/17/2011 – Allegany County cardiologist negligently performs routine cardiac catheterization leading to internal bleeding and death of patient.
Failure to Diagnose Esophageal Tear Leads to Death and Verdict
10/12/2010 – Hospital/physician failure to diagnose an esophageal tear leads to discharge from hospital and untimely death of patient just days after discharge.
Failure to Diagnose Sepsis Leads to $1.44 Million Verdict
11/11/2010 – Failure on part of physicians to diagnose patient with sepsis – a systemic blood infection – and therefore, only treat him with generalized antibiotics, led to the patient’s death.
Failure to Get Obstetrician Leads to Settlement in Cerebral Palsy Case
10/28/2010 – Hospital’s mid-wife’s failure to get obstetrician in to see patient in a timely fashion leads to delivery of child with cerebral palsy who requires a lifetime of care.
Florida Mother Gets $38.75 Million For Failure To Timely Perform C-Section
9/14/2010 – Doctor’s failure to timely perform a c-section despite clear signs that the baby was in distress, including a critically low heartbeat, leads to baby being diagnosed with cerebral palsy and requiring a lifetime of care.
Failure to Diagnose Brain Tumor Leads to $1.4 Million Verdict
8/20/2010 – Doctor’s failure to diagnose a brain tumor in a timely fashion caused baby to lose his eyesight. New York jury recently awarded baby $1.4 million in damages.
Failure to Order Common Cardiology Test Leads to Fatal Heart Attack and Subsequent Verdict
8/13/2010 – The failure of a physician to order a common nuclear stress test for a man who presented to the practice with clear symptoms of an impending cardiac condition led to a $3.1 million verdict following the death of the man from a heart attack.
Adverse Reactions to Intravenous Contrast Injections Can Be Fatal
6/4/2010 – One of the more commonly overlooked types of malpractice occurs when a patient suffers an adverse / allergic reaction prior to undergoing a CT scan, MRI or other radiological procedure. Complications can include death of the reaction is not timely diagnosed.
Failure to Diagnose Carotid Artery Tear Leads to Stroke and Amputation
5/14/2010 – Doctors’ failure to recognize signs and symptoms consistent with a torn carotid artery (episodic blindness) caused man to suffer stroke and amputation. A jury subsequently awarded the man $5 million in compensation.
Failure to Diagnose or Failure to Timely Diagnose Cases: The Anatomy of The Case
4/30/2010 – Failure to diagnose or timely diagnose a particular disease or condition is one of the leading causes of medical malpractice litigation in Maryland and in this country. The process through which an attorney and his/her medical experts must prove that the failure to act or timely act caused the victim to suffer further complications or death is a task left to a chosen few attorneys who specialize in medical malpractice cases.
Cerebral Palsy: Is Medical Negligence To Blame?
4/9/10 – Recent statistics demonstrate that over 8000 infants are diagnosed with cerebral palsy following birth each year – a trend that suggests that this once thought-to-be unfortunate complication of birth may, in reality, be the product of improper medical care during the labor and delivery process.
Maximum Recovery in Maryland For Wrongful Death Caused By Medical Malpractice (Excluding Economic Damages)
3/22/2010: For medical malpractice claims arising after January 1, 2010 in Maryland, if there is only one wrongful death beneficiary, the maximum non–economic recovery for that medical negligence is $680,000…
Maximum Recovery in Maryland For Wrongful Death Caused By Non–Medical Malpractice (Excluding Economic Damages)
3/22/2010: For claims arising after January 1, 2010 in Maryland, if there is only one wrongful death beneficiary (i.e., a man with a wife but no children dies), and the negligence that caused the death is not related to medical malpractice, the maximum non–economic recovery for that accident is $1,480,000…
STSW Lawyers Are Investigating Cases of Unnecessary Cardiac Stent Surgery By Dr. Mark Midei at St. Joseph Medical Center
3/15/2010: As has been recently published in newspapers and reported on by the various news agencies, it has been alleged that hundreds and hundreds of unnecessary cardiac stent surgeries…
Nursing Home Neglect Resulting in Broken Neck and Bedsores Leads to Settlement
3/5/10 – Montana nursing homes reach settlement in wrongful death case arising out of nurses’ failure to properly monitor and support patient during a transfer that resulted in him falling and breaking his neck, and thereafter, developing bed sores from a failure to monitor him while bedridden.
Illinois Supreme Court Strikes Down State Medical Malpractice Cap
2/19/10 – Illinois strikes down cap on non-economic damages which had prevented victims of medical malpractice from recovering amounts in excess of $1 million dollars for their pain, suffering and emotional distress. Maryland’s cap on non-economic damages for victims of medical malpractice remains in effect.
Proposed Maryland Bill Would Exclude Any Health Care Provider’s Apology From Trial
1/19/10 – Proposed Maryland bill would exclude from evidence any apology from a health care provider to a patient following the provision of care to that patient. Bill is aimed at keeping out apologies wherein the health care provider also simultaneously admits wrongdoing or negligent care.
Failing to Timely Treat Spinal Cord Injury Leads to $16.5 Million Jury Verdict
1/5/2010: Husband and wife awarded $16.5 million against a neurosurgeon who negligently failed to timely treat his fractured spine following ATV accident. Failure to timely treat man led to paralysis from the waist down.
Withholding of Material Information From Patient Grounds For Lawsuit in Maryland
08/03/2009 – Maryland’s informed consent doctrine changed in favor of patients in recent case. Violations of a patient’s physical integrity no longer needed in order to sustain an informed consent case in Maryland.
Failure to Diagnose Spinal Abscess Leads to Jury Verdict
08/03/2009 – A paralyzed father of three recently was awarded 19.2 million dollars in a negligence suit against Montefiore Medical Center in New York for its doctors’ failure to timely treat a spinal abscess that led to permanent paralysis.
Excessive Use of Vacuum Extractor Causes Cerebral Palsy
01/21/2009 – Illinois mother settles cerebral palsy case after family practitioner negligently uses vacuum extractor to deliver her child.
Failure to Determine Source of Bleeding Causes Death
11/18/2008 – Physicians failure to determine source of bleeding results in patient becoming hypovolemic, developing pnemonia and dying.
Late Diagnosis of Breast Cancer Causes Death
10/10/2008 – Radiologist’s failure to properly read and interpret a mammogram leads to missed diagnosis of breast cancer, metastasis of cancer and death of woman.
Failure to Timely Delivery Baby Causes Brain Damage
09/24/2008 – A Chicago jury recently awarded the mother of a child who was born with severe brain damage a 5.5 million dollar settlement after the child was deprived of oxygen during the delivery.
Overdose of Morphine Leads to Death
09/18/2008 – A Arizona jury recently awarded the family of an 81 year old $6 million dollars after nursing home staff negligently administered 90 milligrams of morphine to the decedent, an over-dosage which ultimately caused her death.
Improper Nursing Home Leads to Bed Sore and Death
09/18/2008 – Louisiana jury awards $1 million dollars to daughter of 84-year old man who died after developing serious bed sores and infections arising out of the bed sores while under the care of a nursing home.
Baltimore Family Sues Apartment Complex and Pool Company Following Drowning Death
09/17/2008 – The family of a 23 year old woman who fell into a pool and drowned have filed a 100$ million lawsuit against the pool management company and apartment complex. The lawsuit alleges the defendants failed to properly train the lifeguards, failed to safely maintain the pool and failing to hire qualified lifeguards.
Physicans Still Missing Warning Signs of Blood Clots
09/17/2008 – A recent campaign was launched by the acting Attorney General to heighten the awareness of blood clots masquerading as harmless leg pain. Recent studies have suggested that many physicians continue to fail to timely diagnose and treat blood clots prior to death or serious injury of their patients.
Study Finds Hospitals Still Failing to Properly Treat Colon Cancer Patients
09/17/2008 – Recent study finds that less than half of all U.S. hospitals meet crtical follow-up care benchmarks in the treatment of colon cancer. Health care providers are neglecting to check enough of a patient’s lymph nodes following colon cancer removal to confirm that cancer has not spread to other areas of the body.
Hospital Neglect Leads to Drowning Death
07/23/2008 – Nurses’ failure to properly check on patient led to drowning death of post-partum patient in hospital bathtub.
Reckless Construction of Pool Causes Child’s Death and Leads to Manslaughter Charges
07/23/2008 – Reckless construction of in-ground pool leads to manslaughter charges against president of swimming pool company after a 6 year old boy drowns after his arm becomes trapped in pool’s suction drain.
Jury Awards $1.25 Million For Failure to Test Dialysis Patient for Excessive Potassium
07/10/2008 – Tennessee jury awards $1.25 million to mother of man who died following a breakdown in communication between health care providers. As a result of this medical error / medical negligence / medical malpractice, a dialysis patient’s potassium level was not carefully monitored and he died from hyperkalemia
Failure to Timely Treat Pulmonary Embolism Leads to Settlement
07/09/2008 – Failure to timely diagnose and treat pulmonary embolism with STAT chest CT scan, heparin therapy and an ultrasound, causes woman’s death and leads to medical malpractice/negligence suit.
Failure to Diagnose Infection Leads to Verdict
07/09/2008 – Failure to perform routine biopsy and urine test on man with fungal disease results in verdict against health care providers.
Woman Awarded 22.6 Million After Baby Stuck In Birth Canal For 13 Hours
06/23/2008 – As initially reported in the Cincinnati Enquirer, an Ohio woman whose baby was stuck in her birth canal for 13A hours won $22.6 million last month in a medical malpractice lawsuit.
Medical Malpractice (Medical Negligence) Cases Involving Baltimore Hospitals
06/23/2008 – At Silverman Thompson, we are well known in the Baltimore-Washington area for successfully handling many medical malpractice (medical negligence) cases. While the care is generally good at area hospitals, patients and their loved ones need to watch out for themselves or loved ones when they are treated at or admitted to these hospitals.
Jury Awards $6 Million in Morphine Overdose
06/03/2008 – As first reported in the Tuscon Citizen last month, a jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose.
Georgia Court Strikes Down Cap on Non-Economic Damages as Unconstitutional
06/03/2008 – As first reported in the Atlanta Journal-Constitution last month, a Superior Court judge struck down the cap on damage awards in medical malpractice cases as unconsitutional. If upheld on appeal, this holding could undercut a major component of Georgia’s tort reform laws.
Malpractice Suit Filed After Hospital Transplants Cancerous Lungs to New Patient
06/03/2008 – An ongoing case in federal court in Newark, New Jersey highlights the hidden dangers of organ transplants in the United States. In 2005, Tony Grier, 43, was dying from a rare lung disease when he received two donor lungs from a 31 year old woman who died in a car accident. Grier died six months later after it was discovered that the transplanted lungs had lung cancer. Lawyers for Mr. Grier’s estate contend the hospital should have known the lungs were cancerous because the donor had smoked for 16 years.
Malpractice Lawsuit Follows Brain-Dead Mother’s Delivery of Premature Baby
04/24/2008 – As was reported by the Associated Press, the birth of Susan Anne Catherine Torres, delivered by a brain-dead mother who was kept on life support to sustain the pregnancy, made medical history less than three years ago. A recently filed malpractice lawsuit is now raising legal questions about the degree to which a doctor’s obligations in treating a pregnant woman also extend to her unborn fetus. In the lawsuit, Jason Torres, the father of the Susan Anne and husband of the brain-dead mother, Susan Torres, seeks damages against the ER physician who treated his wife in 2005. The lawsuit holds the ER physician responsible not only for the mother’s death, but also the death of the baby, who died 5 weeks after delivery due to complications from a premature delivery.
Hasilty Performed Colonoscopy Leads to Missed Cancer Diagnosis
04/24/2008 – As was first reported in the Las Vegas Sun, a lawsuit was settled last month whcih claimed that a doctor missed a man’s cancer during a hastily performed colonoscopy.Kevin Rexford, a 46-year-old pharmacist, said the defendant, one of the clinic’s owners, missed an obvious colon cancer diagnosis three years ago. The alleged failure allowed the cancer to spread throughout his body and he now has only about a 10 percent chance of living five more years.
What is Sepsis? How is it Diagnosed?
04/24/2008 – Sepsis – the body’s ultimate response to a bacterial infection — is characterized by severe reaction of the body’s organs to the foreign bacteria and/or death. Although sepsis often results from the widespread invasion of bacteria into a patient’s bloodstream, this invasion is not essential for the development of severe sepsis since local infection/inflammation can also cause distant organ dysfunction and blood pressure irregularities.
Maryland Injury Lawyers Note Heparin Maker Has Local Ties
04/23/2008 – Maryland personal injury lawyers are preparing for a potential class action law suit against a Maryland firm which owns the majority of Wisconsin based Scientific Protein Laboratories, Ltd., a Wisconsin-based company.
Maryland Braces for Contaminated Heparin
04/22/2008 – The Federal Drug Administration (FDA) suspects that contaminated heparin may be the cause of dozens of deaths in the United States. The contaminated lots of the blood thinner have been linked to at least at least 12 different Chinese companies. Heparin was marketed by Baxter International Inc., of Deerfield, Ill.
Spiriva May Increase Risk of Stroke
04/16/2008 – According to U.S. regulators’ recent reports, the respiratory medicine Spiriva HandiHaler may increase the risk of stroke. As noted first on Bloomberg.com, the Food and Drug Administration published a notice indicating that Spiriva was associated with two more cases of stroke in every 1,000 patients treated for one year compared with a placebo medicine in a pooled analysis of 13,500 patients. Spiriva is marketed by Boehringer, the world’s largest family owned drugmaker with Pfizer Inc., as a once-a-day inhaled treatment for breathing difficulty caused by chronic obstructive pulmonary disease.
Birth Injury Verdict
04/08/2008 – A Florida jury has ordered a hospital and gynecologist to pay $30 million for negligence that led to a 17-year-old boy’s physical and mental disabilities. The jurors awarded $24 million in compensatory damages and $6 million in non-economic damages against Westside Regional Medical Center and Dr. Mark Grenitz. The verdict may be the largest ever awarded in a Broward County medical malpractice case.
Medical Malpractice Birth Injury
03/19/2008 – A New Jersey jury has awarded more than $19 million in a medical malpractice case to a 10 year old boy who was disabled from birth. The money will allow the boy’s mother to pay for his care for the rest of his life, equip their home to accommodate his special needs and purchase a wheelchair-accessible van for his transportation. According to thesuit, the doctor initially misdiagnosed the mother, who was 30 weeks pregnant at the time, after she called him one evening complaining of ab dominal pain. The doctor allegedly delayed in determining that the mother was hemorrhaging and had lost a massive amount of blood. The child eventually was delivered, had to be resuscitated and spent four months in intensive care. He suffers from severe brain damage, cerebral palsy and is legally blind.
Blindness After Surgery
03/10/2008 – A New Hampshire jury has awarded $1.75 million to a man who became blind after undergoing surgery to repair a broken leg. According to the lawsuit, the doctor failed to give the man blood to stabilize his condition following a car accident, causing nerve damage that blinded the man. Two other doctors who participated in the surgery were not found liable for the man’s injuries.
Chance of Surviving A Cardiac Arrest Depends On The Time It Occurs
02/26/2008 – As set forth recently in the Journal of the American Medical Association, if you are in the hospital and have cardiac arrest at night or on the weekend, you have a significantly lower chance of survival to discharge than if you had the arrest during day or evening times on weekdays.
Medical Malpractice Verdict – Thyroid Surgery
03/06/2008 – On Monday, a Massachusetts jury ordered a surgeon to pay $14.5 million in damages to the husband of a woman who died following thyroid surgery. Jurors found that the doctor was responsible for the death and that another surgeon was negligent but not responsible for the death.
Failure To Timely Diagnose Breast Cancer – Medical Malpractice
03/03/2008 – A woman with terminal breast cancer was awarded $12 million in damages from two doctors that allegedly failed to diagnose the disease until it was too late, a Pennsylvania jury ruled this past Wednesday. According to the lawsuit, the doctor missed several opportunities to report abnormalities that should have resulted in a diagnosis of breast cancer. Another doctor named as a defendant reached a confidential settlement prior to trial, according to an attorney for the woman.
$3.7 Million Verdict in Birth Injury Case
02/29/2008 – An Indianapolis jury has awarded a woman and her daughter a $3.7 million judgment in a medical malpractice case arising from the girl’s troubled birth. The lawsuit alleged that the 6-year-old girl will live with cerebral palsy the rest of her life because of delays in the delivery that deprived her brain of oxygen. She was born via C-section in October 2001. Indiana limits medical malpractice awards, so the judgment on the three claims will be reduced to just under $2 million.
Failure to Properly Perform Carotid Endarterectomy
02/26/2008 – In February 2007, attorneys Andrew Slutkin and Todd Reinecker of the Baltimore law firm of Silverman Thompson filed a medical malpractice case against Maryland Vascular Surgeon Dr. Juan Juanteguy and his former medical partner, Dr. Sohalia Ali, alleging that they failed to property perform a vascular surgical procedure known as a carotid endarterectomy upon a patient at Sinai Hospital, and then failed to properly manage her complications after surgery, causing the patient suffered a severe and permanent stroke. The case will be scheduled for trial in early 2009.
List of Worst Nursing Homes Released
02/19/2008 – As reported last week in USA Today, the Centers for Medicare and Medicaid Services have released the names of the nationas 131 worst nursing homes. The high-risk nursing homes, cited as a special focus facilitiesa in the list, are required to receive at least twice as many state inspections as other facilities. The list released Tuesday showed that 52 of the nursing homes had shown no improvement since being cited for poor performance.
Manufacturer of Heparin Ceases Making Drug After Severe Allergic Reactions Reported
02/19/2008 – As reported in the New York Times last week, a major maker of heparin, a blood thinner used widely in surgery and dialysis, has stopped making it after hundreds of patients reported severe allergic reactions to the drug, which is made from pig intestines. At least four people died. Although alternatives exist, doctors warned of serious consequences if heparin became truly scarce. Public health officials first noticed a problem late last year in four children undergoing dialysis at a hospital in Missouri. Within minutes of being injected with heparin, the children experienced serious allergic reactions. As officials investigated, they found a total of 350 reports of patients’ experiencing problems after being injected with large doses of heparin made by Baxter Healthcare. Baxter supplies about half the nation’s heparin. Most of the cases were reported in late December or January and 40 percent were deemed serious. Allergic reactions included difficulty breathing, nausea, vomiting, excessive sweating and rapidly falling blood pressure that in some cases led to life-threatening shock. Heparin is used in dialysis and is also used to prevent clotting in catheters, which 25 percent of dialysis patients have to use for treatment. The drug is also commonly used in heart bypass surgery. If you or a loved one have experienced a recent serious allergic reaction to Heparin, contact the lawyers at Silverman Thompson for a free consultation.
Jury Awards $24 Million For Botched Kidney Stone Removal
02/19/2008 – As reported in the The Times this week, on Thursday, an Illinois jury awarded a man nearly $24 million in medical malpractice case brought against a doctor and nurse practitioner following complications suffered while having a kidney stone removed from his ureter. According to court records, the plaintiff entered St. Mary’s Hospital in Streator, Illinois in November 2001 for surgery involving a kidneystone in his ureter. During surgery, he underwent cardiac arrest and the flow of oxygen to his brain was interrupted. As a result of the oxygen interruption, the man lost most of his fine motor skills and suffers from spastic movement, severe double vision and slow, slurred speech, making him difficult to understand. He is married and has two children. Before the surgery, he worked for a phone company.
Failure to Diagnose and treat Cancer
02/18/2008 – A Pennsylvania jury has ordered a doctor to pay approximately $4 million after finding that he was negligent for failing to diagnose a woman’s breast cancer. The lawsuit alleged that Dr. Joseph M. Skutches failed to pursue a traditional course of treatment after a woman complained to him about a painful lump in her breast.
Suit Filed Over Misrepresentation of Identity of Lung Donor
02/12/2008 – As reported in the Daily Pennsylvanian, the mother of a man who died after he received the cancerous lungs of a smoker during a transplant has filed a lawsuit against the Pennsylvania hospital that performed the procedure. In the lawsuit, Emma Grier claims that doctors at the Hospital of the University of Pennsylvania knowingly misrepresented the identity of the lung donor. The complaint also names the doctor who determined the lungs to be suitable for transplant and the organ donation program that provided the lungs.
Plavix Cessation Tied to Heart Risks
02/12/2008 – The blood-clot preventing drug Plavix has been linked to an increased risk of heart attack or death in patients who took the drug and then stopped following procedures to install a stent, researchers have found. According to the study, published in the Journal of the American Medical Association, patients showed an almost two-fold increase of heart problems within the first 90 days of cessation when compared to later follow-up periods.
Birth Trauma Settlement
02/12/2008 – According to the San Diego Union, Kaiser Permanente will pay $3.2 million to a disabled girl as part of birthing malpractice settlement reached earlier this month. According to court documents, the girl, now 14, was left with brain damage following a Caesarian delivery and suffers from physical and behavior problems. The settlement will be used to purchase an annuity for the girl.
$22 Million Awarded To Family of Woman Who Died During Child Birth
02/12/2008 – Illinois jurors have handed down a record verdict to the family of a woman who died from complications during child birth. Jurors awarded $22 million to the family, finding that the hospital staff’s failure to treat the woman’s high blood pressure resulted in a massive brain hemorrhage. The verdict is the largest award involving the death of a woman in Illinois, according to the Cook County Jury Verdict Reporter.
Patient Care Suffers as ER Waits Increase
02/12/2008 – A new study has found that emergency room waiting times nationwide increased 36 percent between 1997 and 2004. The study, conducted by researchers from the Cambridge Health Alliance and Harvard Medical School, concluded that the increased wait likely has an adverse impact on patient care and may cause some to leave the hospital before seeing a doctor. Data for the study were based on the more than 90,000 emergency room visits in urban and non-urban areas.
Hospitals Slow To Respond To Cardiac Arrest
02/12/2008 – The results of a new study have shown that in nearly a third of cases hospital staffs take too long to respond to sudden cardiac arrests. The study, to be published in the New England Journal of Medicine estimates that the delays contribute to increased rates of brain damages and death each year. Data for the study were gathered from records at 369 hospitals where patients’ hearts stopped because of conditions that could be reversed using a defibrillator.
Cerebral Palsy Verdict
02/11/2008 – A jury in Connecticut has awarded $38.5 million to the family of a child who was born with cerebral palsy. The jury found that Dr. Corrinne De Cholnoky was negligent for failing to order a timely Caesarean Section to untangle the child’s umbilical cord, which was impeding blood flow to his brain. The award is believed to be the largest medical malpractice verdict in Connecticut state history.
Medication Error and Overdose Leads to Suit Against Drug Manufacturer
12/18/2007 – A recently filed lawsuit against Baxter International alleges that a failure to properly label and package the medication heparin led to infant twins being given a dosage of medication nearly 1000 times the strength that was prescribed.
Truck Collision
12/17/2007 – The parents of two girls who were killed after a concrete truck struck their family’s car will receive $9 million as part of a settlement with the trucking company. The parents filed a wrongful death lawsuit against Brundage-Bone Concrete Pumping claiming that the driver was negligent in the crash. State Highway Patrol records show that the driver was traveling at an unsafe speed before the incident.
Pool Drain Disembowelment
11/16/2007 – The family of a 6 year old girl who was severely injured after sitting on an open drain in a shallow country club pool filed a lawsuit this week against the club and pool manufacturer.
Jury Awards 10.4 Million For Negligence In Administering Heparin
11/14/2007 – Physicians treating a boy who was injured while camping negligently administered Heparin which caused the boy to bleed into his spine causing permanent injuries. Subsequently, physicians negligently fitted the boy with a halo device designed to stablize his head’s movement, over-tightening one of the screws into the boy’s skull, causing additional bleeding, a stroke, a seizure and permanent brain injuries.
Untreated Patient Dies Outside Hospital Emergency Room
11/01/2007 – 33-year-old man dies outside hospital emergency room after waiting more than 3 hours for treatment of ongoing chest pain, right arm pain and uncontrollable shaking. Medical records demonstrate that the hospital health care providers failed to perform a simple test to determine whether his heart was functioning properly upon his arrival to the triage area.
Failure to Remove Patient’s Oxygen Mask Causes Severe Burns
11/01/2007 – Medical professionals’ failure to remove a patient’s oxygen mask prior to cauterizing open facial wounds sparked a fire that severely burned the patient’s face.
Hospital Accused of Negligence in Failure to Diagnose MRSA Case
11/01/2007 – New York mother announces plans for lawsuit against hospital and emergency room physician for failure to properly diagnosed 12-year-old boy with MRSA/Superbug. Failure to properly diagnose illness is alleged to have ultimately resulted in child’s death.
Birth Asphyxia Leads to Sizeable Jury Verdict
10/29/2007 – Earlier this month, a DuPage County, Illinois jury awarded the family of a seven-year-old boy who was crippled at birth $12 million dollars. In making this award, jurors agreed that Dr. Steven Ambrust was responsible for a 45-minute delay during the Benjamin Hayes’ birth that deprived him of oxygen and caused his disability.
Birth Injury and Cerebral Palsy
10/29/2007 – A child with cerebral palsy and his mother were awareded almost $8 million in damages last week in a medical malpractice lawsuit alleging birth injury against a Maine hospital and one of its nurse midwives.
Nursing Home Malpractice and Neglect
10/25/2007 – Nursing home malpractice and neglect cases often focus on very different aspects of the victim’s injuries than a traditional personal injury lawsuit.
Construction Negligence and Fraud
10/25/2007 – In September 2007, attorneys Andrew Slutkin and Avery Strachan of the law firm of Silverman Thompson filed a construction fraud and construction negligence lawsuit in the Circuit Court for Harford County.
Contributory Negligence Doctrine Bars Many Maryland Personal Injury Claims
10/24/2007 – Personal Injury law in Maryland is vastly different then other states due to the Doctrine of Contributory Negligence.
Medication Errors: A Form of Medical Malpractice
10/24/2007 – According to a recent industry study from the Institute of Medicine of the National Academies, medication errors are among the most common medical errors, harming at least 1.5 million people every year.
Sepsis: A Potentially Lethal Complication of Bacterial Infection
10/24/2007 – One of the most dangerous risks of contracting a serious bacterial infection is that the patient may develop sepsis–an overreaction by the immune system causing destructive inflammation throughout the body, often leading to heart and other organ failure and death. Even the best hospital intensive care units may be helpless to save patients stricken by severe sepsis.
My Baby Has Been Diagnosed With Cerebral Palsy Following a Difficult Delivery: Do I Have Legal Recourse
6/5/13 – Your baby has been diagnosed with cerebral palsy following a difficult labor and delivery. You may have a legal recourse against the obstetrician if he or she failed to properly treat one or more potential complications.
Spinal Cord Stimulator Implantation: Protecting the Cord at All Costs
6/26/15: Failure to protect the spinal cord during a spinal cord implantation procedure can lead to permanent neurological injury.
Laparoscopic Cholecystectomy Surgery Gone Awry Can Lead to Permanent Injury
9/11/15: Although the preferred method for the surgical removal of one’s gallbladder, a laparoscopic cholecystectomy still carries with it a significant risk of injury if the surgeon fails to adhere to the standard of care in performing it.
Non-Economic Damages Cap Struck Down by State Court
Utah becomes latest court to strike down legislation capping/limiting damages for pain, suffering and emotional distress in medical malpractice actions. Will this have any impact on Maryland?
Did Your Physician Get Your Antibiotic Therapy Right the First Time?
9/18/15: Physicians’ failure to properly utilize the correct antibiotic therapy can lead to catastrophic consequences
My Surgeon Left a Surgical Instrument Inside Me: Do I Have a Case?
9.25.15: The all too common circumstance of a surgeon leaving a surgical instrument inside a patient at the end of a procedure can be avoided by the surgeon’s adherence to simple hospital policies and procedures designed to prevent this occurrence
Botched Removal of Pacemaker and Defibrillator Lead Wires Can Result in Wrongful Death
10.2.15. A physician’s decision not to perform a laser lead removal procedure in an operating room (as opposed to a catheterization lab) in the presence of a cardiothoracic surgeon and a heart bypass machine can result in the wrongful death of that patient.
Failure to Recognize a Surgical Complication Can Lead to Medical Malpractice Case
10.9.15: Surgeon’s failure to timely recognize intraoperative complication or injury can lead to catastrophic injury or death
Does the Affordable Care Act Preclude Recovery of Future Medical Expenses in Medical Malpractice Cases?
10.23.15: Defense arguments that a plaintiff’s future medical expenses should be limited by the Affordable Care Act can be successfully rebutted by understanding the true scope of the ACA.
Heart Attack Mistakenly Diagnosed as Stomach Bug Leading to Death
10.30.15: Failure to order readily available cardiac tests to rule out the possibility of a heart attack can lead to catastrophic consequences
Failure to Timely Diagnose Cancer Leads to Verdicts
11.13.15: Timely diagnosed and treatment of cancer most always results in a patient being more likely than not able to survive the cancer.
Doctors Pushing Pain Pills
11/25/15: Negligent Over-Prescription of Powerful Pain Medications Can Lead to Physician Liability and Patient Injury or Death
Are Tele-Medicine Health Care Providers Subject to the Same Laws and Standards as In-State Health Care Providers?
1/29/16: Rise of tele-medicine in the provision of health care has created a number of unanswered questions within the medical malpractice arena
The Permissibility and Legality of Audio and Video Recordings in Healthcare Setttings
2.10.15: The prevalence of audio and video recordings of physician/patient encounters or procedures is growing nationwide.
What is a True Birth Injury in Maryland?
2.19.16: Explaining the difference between a birth injury and birth defect within the state of Maryland.
Laparoscopic Cholecystectomies: Common Procedure, Tragic Consequences
2.26.16 The failure to convert a laparoscopic cholecystectomy into an open procedure in the face of complications can have catastrophic consequences.
No Uniform System for Monitoring and Implementing Disciplinary Action Against Doctors
3/31/16: Non-Uniformed system for regulating and punishing physician misbehavior leads to inconsistency and disparity between the states.
Emergency Rooms in America: Misdiagnoses More Common Than Thought
4-22-16: Common emergency room misdiagnoses in the emergency room
What is Medical Malpractice: Do I Have a Valid Case?
6/13/16: Determining whether you have a medical malpractice case is a multi-faceted investigation for lawyers and their clients.
Failure to Refer Patient to Cardiologist Leads to Death
6/24/16: Emergency room doctor’s failure to seek cardiology consultation leads to death
Failure to Order Additional Imaging Leads to Terminal Breast Cancer Diagnosis
6/28/16: Radiologist’s failure to timely diagnose breast cancer leads to terminal disease and $6.9 million verdict.
Failure to Refer Patient to High Risk Pregnancy Specialist Leads to Death of Baby
7/22/16: The failure to refer a patient to a high risk specialist despite a known high risk condition that was diagnosed early in the pregnancy, leads to death of baby upon delivery
Failure to Discontinue Blood Thinner (Coumadin) Leads to Verdict
9/1/16: Decision to reduce, but not discontinue, blood thinner for man with an elevated INR results in brain bleed and lifetime of care.
Negligent Blood Draw Results in Catastrophic Injury
8/23/16: Failure to properly supervise patient during routine blood draw leads to fall and quadriplegia
Failure to Timely Diagnose and Treat Meningitis Leads to Brain Injury
9/16/16: Emergency Room physician’s delay of nearly 50 hours in diagnosing and treating meningitis leads to catastrophic brain and hearing injuries.
Failure to Use Hoyer Lift in Nursing Home Leads to Fall and Serious Injury
9/22/16: Nursing home negligence during transfer of patient deemed preventable following fall from Hoyer lift.
Failure to Monitor Patient on Heparin Leads to Stroke
10/6/16: Careful monitoring of patient on Heparin required in order to meet the standard of care
$1 Million Settlement From Failure to Timely Diagnose Cauda Equina Syndrome
10/21/16: Late diagnosis of cauda equina syndrome leads to loss of bowel/bladder function and drop foot.
Failure to Refer Patient to Neurologist for Cerebral Edema Evaluation Leads to Death
11/18/16: Emergency room provider’s failure to request routine neurological consultation for possible cerebral edema leads to patient’s sudden death.
Failure to Diagnose Sarcoma Leads to Verdict
12/7/16: Failure to diagnose large mass as cancerous and/or request additional tissue sample leads to terminal diagnosis and verdict.
Failure to Investigate Pre-Surgical Tachycardia Results in Death
12/19/16: Unexplained pre-surgical tachycardia goes untreated and uninvestigated, leading to death of patient a mere 3 hours after the surgery.
Failure to Treat Bed Sores Leads to Nursing Home Death
1/27/17 – Neglect at a nursing home leads to Stage IV bedsores, sepsis, amputation of a limb and ultimately, death.
Misplacement of Pedicle Screws Leads to Years of Pain and Opioid Addiction
2/27/17: Erroneous placement of pedicle screw during spinal fusion surgery leads to years of intractable pain and opioid addiction
Overprescription / Erroneous Prescription of Medication Leads to Death
6/9/17: Prescription error leads to death of woman — an increasingly common form of medical negligence in today’s society.
Negligent Handling of Fetal Distress Leads to Cerebral Palsy
7/31/17: Failure to timely deliver distressed fetus leads to cerebral palsy and lifetime of care
Failure to Diagnose Vertebral Artery Dissection Leads to Stroke
7/31/17: Failure to perform CT scan with contrast leads to dissection and stroke.