COVID-19 in Nursing Homes - Learn More.

Articles Posted in Brain Injury

A $14 million medical malpractice verdict in favor of a boy who was brain damaged during birth has been tossed by a New York appellate court based on the defense’s allegations that the jury was unfairly influenced by both the plaintiffs and the judge. The defense claimed that the judge clearly favored the plaintiffs and that she also acted inappropriately when she gave gifts to the brain damaged boy and the jurors during the holidays. The jury’s verdict was announced at a much smaller figure but after the trial two jurors told the plaintiff’s attorney that they had intended that amount to be annual. After hearing the plaintiff’s side, the judge amended the award to $14 million. This settlement was thrown out and a new trial will be held because during the time after the initial verdict, the plaintiffs’ attorney communicated with jurors outside of the courtroom. The attorney’s actions could be considered professional malpractice.

A jury recently awarded a couple $3 million in a medical malpractice lawsuit. The jury found a physician’s assistant to be negligent in their treatment of the victim. The 61 year-old woman sought treatment for severe headaches and was treated by the physician’s assistant. The physician’s assistant prescribed pain medication without antibiotics. The infection progressed into the 61 year-old’s brain causing a severe abscess. She can no longer work as a real estate agent and has several neurological problems because of the medical malpractice.

For the full article.

The widower of Arlene Miller would like to file a wrongful death and medical malpractice claim for what happened to his wife, but he cannot find a lawyer who will take his case. Although he has collected all of his wife’s medical records and has done considerable research himself, but he has been told that it simply isn’t “economically feasible to pursue” the claim. In 2003, Texas legislators reformed state laws and capped non-economic damages for malpractice suits at $250,000. Jay Harvey, president of the Texas Trial Lawyers Association, says that, because of the high costs of litigation, this recovery cap tends denies justice to the very old and the very young and simply does not make sense. “It’s the only area of law that we have an arbitrary cap for fair compensation. It shows a lack of trust in the jury system. We will trust a jury to decide if someone will die from lethal injection, but not grant fair compensation.”

Click here for the full article.
Continue reading ›

A medical malpractice lawsuit involving a botched delivery resulting in brain damage to the newborn has been brought in front of a Cook County, Illinois judge. This lawsuit is significant in the state of Illinois. The baby’s attorney is claiming that the caps placed on medical malpractice lawsuits for pain and suffering ($500,000 for doctors, $1,000,000 for hospitals) are not sufficient in a case such as this one. The law imposing caps on pain and suffering awards was signed into law two years ago. The law was in response to increasing medical malpractice insurance rates for doctors. Although the solution was based on the caps, insurance rates have been stabilizing or falling even though most cases affected by the law have not yet reached a verdict or settlement. This case will face a long appeals process regardless of the ruling in the Cook County court. The baby’s lawyers will aim to prove the unconstitutionality of this law by proving that in an instance like this, when a child is unnecessarily and permanently brain damaged due to a preventable medical mistake, the caps do not offer fair compensation.

Click here for the full article

The mother of a 26-year-old man has filed a wrongful death lawsuit against the doctor and others she alleges prescribed overdoses of medication to speed up his death. The claim alleges that the doctor prescribed overdoses of morphine and Ativan and injected a topical antiseptic into the man’s stomach. As a result of the alleged medical malpractice, the man had suffered irreversible brain damage and was put on a respirator. When his mother gave approval to donate his organs, the California Transplant Donor Network sent a surgical team to handle the transplant. In California, however, it is illegal for transplant doctors to treat potential organ donors before they are declared dead. The doctor is charged with felony counts of dependent adult abuse, administering a harmful substance and unlawful prescription of a controlled substance.

Click here for the full article

The families of three elderly women have ordered medical records from University of Chicago Hospitals, commonly the first step taken in filing a medical malpractice lawsuit. The two women who died and the woman that remains in a coma were all being cared for in the same wing. Their deaths and the coma may all be caused by insulin overdoses. One of the women, who entered the hospital with a urinary tract infection, showed that her insulin level was hundreds of times higher than normal at the time of death, while hospital records revealed that the woman was never officially given insulin. Another woman, who was suffering from pressure ulcers and wound infections, died after being admitted to the hospital. Police continue to investigate her case. The third woman was admitted for a brain aneurysm and now suffers from a brain injury and remains in a coma after displaying unusually high levels of insulin as well. Chicago police continue to investigate and the families move closer to filing suit.

Click here for the full article

Two days after winning a personal injury lawsuit against the Illinois hospital whose medical malpractice caused her son brain damage, a registered nurse who worked in a facility owned by that hospital was suspended. Less than a year later, the nurse was terminated under conditions which would make it nearly impossible for her to find other work as a nurse. The lawsuit alleges that the hospital terminated the nurse in retaliation so that other nurses and employees would be deterred from trying to sue the hospital in the future.

Click here for the full article.

A recent report regarding medical malpractice in Pennsylvania, focusing on surgical errors, was recently released by the Patient Safety Authority. 175 errors were made in the state during the past two and a half years, not including 253 close calls. These errors can lead to serious physical and financial strain, or even wrongful death. “Wrong-site” surgeries are a persistent problem and are clearly avoidable. Pennsylvania is a leader in public accountability for medical and surgical errors. In an effort to reduce the costs of health care, the Governor proposed that the state should cease to pay for care involving hospital-acquired infections, wrong-site surgeries, and other instances of medical malpractice. It is also the only state that requires hospitals to report near-misses.

The report cited wrong-site surgeries including the removal of a patient’s healthy thyroid and incorrect cancer diagnosis as the result of a laboratory mix-up, an incorrect incision on the wrong side of a brain injury patient’s head, and a surgeon inserting a needle into a patient’s right knee when the surgery was planned for the other leg. In 83 reported cases of wrong-site surgeries in the state, the procedure was completed before the mistake was detected.

Click here for the full article

The parents of a child with spastic quadriplegic cerebral palsy is suing the hospital for medical malpractice. The birth injury lawsuit alleges that the hospital failed to properly monitor for signs of fetal distress during delivery. Doctors had given the mother pitocin to induce labor. During delivery, fetal heatrate dropped into the 100s, a dangerously low level, for 80 seconds. The hospital continued to administer pitocin for the next hour and a half. According to the medical malpractice suit, the baby was born “blue, not breathing, had no heartbeat, and had a scalp hematoma with a laceration.” Because of the lack of oxygen to the brain during delivery, the child now suffers from cerebral palsy.

Click here for the full article.

An Illinois law firm recently settled a $9 million personal injury lawsuit against a Chicago medical provider for a child who suffers from a permanent brain injury as a result of medical malpractice during delivery. The birth injury was sustained after a 7-11 minute delay in delivering the child by a necessary emergent c-section.

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers
Contact Information