Articles Posted in Medical Malpractice Lawsuit

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When we enter the hospital we expect that doctors and others will provide us with the best possible care. We trust that we will receive the proper diagnosis and treatment of the illness or malady that we are suffering from. In one recent case, a disabled man received negligent care at a hospital when they failed to adequately diagnose or treat him. A lawsuit, filed on his behalf by his guardian, alleges that the negligent care resulted in his deteriorated health condition, which caused him to suffer severe and permanent injuries. The lawsuit seeks damages of more than $50,000 in a jury trial.

Medical Malpractice
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We trust that our doctors and other medical professionals will always give us the best of care and will provide us with the correct medications to treat our ailment. In one recent situation this was not the case. A woman has filed a lawsuit against a doctor and health care provider alleging that they were negligent in their care and treatment. The lawsuit is seeking damages of more than $50,000 as well as legal fees. Medical malpractice occurs when a doctor is negligent in providing care to a patient.

Avascular Necrosis

Avascular necrosis is a disorder of the bones caused when there is a lack of blood flow. A reduced blood flow reduces the oxygen to the bone tissues and they begin to die. This can happen when there is a bone fracture or break. Avascular necrosis, also known as osteonecrosis, causes small breaks that lead to the eventual collapse of the bone and most commonly affects middle-aged people. It can also be caused by the use of some medications. In this case, the woman indicates that the doctor’s negligence caused her to suffer avascular necrosis in her right hip.
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For many people, surgery is necessary as part of their medical treatment. Many types of surgery are routine and should have a good outcome. Sometimes, however, surgery goes wrong and the patient is left with severe medical problems as a result. In this case, a woman has filed a lawsuit against the surgeon and hospital for medical malpractice. The lawsuit alleges that the woman suffered sepsis after surgical mesh was not removed during surgery. As a result, the woman’s bowel was permanently damaged.

Medical Malpractice
Medical malpractice happens more frequently than you might imagine. Malpractice occurs on a daily basis in the United States and may be the result of misdiagnosis, failure to diagnose, prescription problems, or performing procedures in a negligent manner, to name just a few reasons. Malpractice often goes unreported because it can be difficult to prove without the help of a qualified attorney. When you suspect that malpractice may have occurred it is best to take immediate action. It is also important to note that there are legal time limits in place regarding how long you have to file a case.
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A husband and wife have filed a lawsuit in Cook County against a hospital and doctors. The medical malpractice lawsuit alleges that the man was significantly injured during surgery while at Rush University Medical Center. The man underwent a pancreaticoduodenectomy at the hospital. The suit states that the surgeon removed too much of the small intestine during the procedure, which was done in 2013. As a result, the man suffered both physically and mentally and is unable to work.

When Medical Procedures Go Wrong
We count on our doctors and surgeons to provide the best possible care and to help us resolve our medical issues. Sometimes, however, a surgery does not go as expected and the result can be devastating. Medical malpractice is more common than many people think. In fact, as many as 400,000 deaths occur every year in the United States as the result of a medical mistake.

In this case, the surgeon was to complete a procedure that is commonly called “The Whipple Procedure” which is typically done to remove a tumor in the pancreas. When properly performed, the surgery removes the head of the pancreas, the gallbladder, a small part of the stomach, and a portion of the duodenum, the top portion of the small intestine. In this case, the couple alleges that the surgeon took out too much of the duodenum, which caused the patient the inability to properly heal after surgery.
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Hip replacement surgery has become a very common medical procedure; however, it is one that does come with possible risks. Some of risks are expected with this type of surgery, but a number of patients may suffer harm due to mistakes made before, during, or after surgery. If you or a loved one has been harmed because of the negligence of a medical professional, it is best to seek guidance from a reputable attorney
Hip Replacement Surgery

Hip replacement surgery replaces a worn-out hip joint with an artificial joint. The most common reason for hip problems stems from osteoarthritis, a condition that breaks down cartilage in joints. This affects a majority of older individuals. During surgery, the damaged portion of the joint are removed and an artificial replacement is attached. Recovery will take weeks to months and requires rehabilitative physical therapy. Older patients require more extensive rehabilitation and will naturally have a longer recovery period. Full recovery could take up to a year.
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Medical malpractice can cause life altering or even life ending injuries. Usually healthcare provider errors are noticed relatively quickly. Sometimes, however, the true cause or true extent of a patient’s suffering goes unknown for weeks, months, or even years. In some of these more delayed cases it can be difficult for malpractice victims to obtain the financial compensation they deserve because of statutes of limitations. Statutes of limitations are laws that set somewhat arbitrary time limits on how long someone has to file a lawsuit. However, lawmakers in New York have taken steps to help expand the rights of medical malpractice victims so that fewer truly injured people will be denied their day in court.

New York Assembly Passes Bill Allowing Later Medical Malpractice Claims
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Medical malpractice can sometimes be hard to catch. Unless a patient suffers serious and immediate consequences from the malpractice he or she may not know for days, weeks, or even years that he or she has been a victim. However, for some inpatient procedures at least, there is a way to catch healthcare provider errors almost immediately. You can audio or video record your procedure. That is what one Virginia man did, and as a result he caught his healthcare providers’ bad behavior on tape.

Man Recorded His Own Colonoscopy

The Washington Post reported on a man who recorded his own colonoscopy and as a result caught his healthcare providers’ misconduct on tape. The man underwent the procedure in a medical suite in Virginia. Before the colonoscopy began the man pressed “record” on his smart phone so he would be sure to get any directions his doctor gave him about what to do after the procedure. On his way home he pressed play to listen to what had recorded. He realized that he had accidentally recorded the whole procedure, and that the surgical team had begun to make fun of and insult him as soon as the anesthesia put him to sleep. But the mocking was not the worst of it. He also heard the doctors plotting to avoid him after the procedure, the doctors telling an assistant to lie to him, and that the doctors put a false diagnosis in his medical chart. Outraged, the man sued the anesthesiologist for both medical malpractice and defamation, and a jury ultimately awarded him half a million dollars. The award broke down into $100,000 for defamation, $200,000 for medical malpractice, and $200,000 in punitive damages.
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All over the country insurance companies and the medical profession are fighting to strip patients of their rights in medical malpractice cases. One of their key tactics in convincing average Americans that these so-called tort reforms are a good idea is their painting of malpractice plaintiffs as people who are filing “frivolous lawsuits.” When do this they discount the real people out there who have been seriously injured or even killed by healthcare provider errors. Occasionally a case comes along in the media that demonstrates just how horrible the effects of medical malpractice can be, and how tragic the consequences of doctors errors can be for patients and their families. One such case recently went to a jury trial in Massachusetts.

Massachusetts Jury Awards Paralyzed Woman $35 Million

The Boston Globe reports that a Dedham, Massachusetts jury awarded over $35 million to a woman earlier this month in a medical malpractice case. The woman, Andrea Larkin, experienced dizzy spells back in 2004 after running the Boston marathon. So, she went to a doctor.
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In medical malpractice cases sides are permitted to and almost always do use expert medical witnesses for testimony on the specifics of an injury or death caused by alleged doctor or hospital negligence. Like fact witnesses, expert witnesses can also differ on the specifics of a misdiagnosis, a botched surgery, or any other type of treatment and whether or not it had a causal effect on the plaintiff’s injury or death. This is why lawyers must carefully examine and cross examine expert witnesses, who in this context are medical professionals, to elicit information that supports their own case or defense and disproves their adversary’s case or defense. Juries can then use this information in considering the overall facts and circumstances of the incident in question.

Providing Clarity in Med Mal Cases

The information involved in a medical malpractice suit is typically so technical that it requires someone versed in the field to explain it to the court and to a jury of laypeople who more than likely do not have the intimate understanding of the medical issue at hand. Medical experts will generally address the questions of whether or not the defendant medical provider treated the patient with a certain standard of care. In answering this, experts will speak about how a reasonable, competent medical provider would have operated in the same situation in which the plaintiff was injured or died. This allows the jury to consider what the standard of care is in this situation, and if the doctor or hospital did meet it.

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Trust. It is at the center of your relationship with so many people that you interact with everyday. A relationship based on trust is perhaps most evident when it comes to medical care. Nothing is more important that your health, and with the complexities of modern medicine, patients are often at the whim of their medical caregivers. While patients can ask questions about their options, in the vast majority of situations, patients simply do whatever their doctor tells them is necessary.

After all, you are visiting the doctor because they have supposedly spent years learning and training in order to provide the very specialized advice and care that you need. But mistakes happen all the time. Sometimes the errors are unintentional, at other times they are influenced by a doctor (or facility’s) desire to increase profits. In all cases, those unreasonable mistakes are unacceptable and patients deserve compensation when harmed.

Unnecessary Care