Posted on January 01, 2017 in Medical Malpractice

An Alabama jury recently awarded a man’s mother, on behalf of his estate, $3 million dollars after a hospital negligently discharged him to home following stomach surgery despite clear indications of an ongoing internal bleed. In the lawsuit, Plaintiff alleged that the 37 year old decedent had been diagnosed with a duodenal ulcer and subsequently underwent surgery. Following the procedure, the decedent’s hematocrit dropped, requiring several blood transfusions. He was discharged. A few days later, he died from exsanguination caused by the erosion of the ulcer into an artery. The lawsuit alleged that the two surgeons, residents and hospital were negligent in failing to ensure that the ulcer had been repaired and failing to monitor the decedent’s postoperative bleeding.

At STSW, our lawyers routinely handle cases in and around the Baltimore and Washington D.C. areas in which it is alleged medical health care providers were negligent in failing to properly monitor a patient following routine surgical procedures. In many instances, patients are negligently permitted to bleed internally from a mistake made during the procedure and, without immediate intervention to correct the bleeding, suffer catastrophic injuries and /or death. Cases such as these are truly tragic because hospitals and health care providers possess excellent tests and studies that can be used to determine if a patient is still bleeding internally following a surgical procedure. Past cases that STSW lawyers pursued involved hospitals including but not limited to: Johns Hopkins Hospital, University of Maryland Medical System, St. Agnes Hospital, St. Joseph’s Hospital, Harbor Hospital, Sinai Hospital, Bon Secours Hospital, Anne Arundel County Medical Center, Howard County General Hospital, Washington Medical Center, Baltimore Washington Medical Center, Frederick Memorial Hospital and Shady Grove Hospital. Unlike many firms in the area, our lawyers team with in-house nurses who are trained to review the hundreds of pages of medical records, including nursing notes, that painstakingly document subtle changes in a patient’s condition, changes which must be found and documented if one is to be successful in this type of litigation. In addition to our nurses’ review of the relevant medical records, our office has a network of health care providers who stand ready to review our clients’ records to ascertain whether they have been the victim of medical negligence / medical malpractice. In Maryland, in order to move forward with a potential medical negligence case, the victimized patient must secure the support of heath care providers /experts in the same field as the potential defendant; i.e., that health care provider must be willing to testify that the defendant violated the applicable standards of care in treating the patient such that an injury occurred.

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 Posted on January 01, 2017 in Medical Malpractice

Recently, a Massachusetts family settled a medical malpractice case involving a radiologist’s failure to diagnose an aortic dissection for $1.75 million dollars. According to the family, the decedent, a 24 year old man, went to the hospital emergency room with a primary complaint of severe back pain. An emergency room physician suspected an epidural abscess (infection near the spinal cord) and ordered an MRI. While the results were pending, the decedent developed significant hypertension (elevated blood pressure) and severe 10/10 pain. A radiologist subsequently interpreted the MRI as negative. Several hours later, while still in the ER, the decedent collapsed on the floor and become non-responsive. During resuscitation efforts the MRI was reviewed a second time. This review revealed a significantly widened aorta, indicating a ruptured dissection. The decedent subsequently died during emergency surgery. In the Complaint, the family argued that the original radiologist only read 1/2 of the MRI and failed to inform the ER doctor that he had not read the entire test.

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 Posted on January 01, 2017 in Medical Malpractice

The husband of Pennsylvania woman and her children were recently awarded $2.36 million dollars in a medical negligence lawsuit in which they alleged that their wife/mother’s gynecologist negligently performed a total abdominal hysterectomy, resulting in the recurrence of ovarian cancer and ultimately the woman’s death. Plaintiffs alleged that in the months leading up the failed surgery, the decedent had been diagnosed with ovarian cancer following exploratory surgery. Her gynecologist scheduled her for a total abdominal hysterectomy with bilateral removal of the ovaries and fallopian tubes. During the procedure, however, the surgeon negligently ruptured the cancerous cyst, allowing the cancer cells to infiltrate the pelvic region. Post-operatively, the hospital pathologist discovered that the specimens that were removed from the decedent during the surgery did not contain the woman’s left ovary or fallopian tube. The surgeon never informed the decedent of this mistake during subsequent office visits. Less than one year later, the decedent’s cancer returned to her pelvis and metastasized to her lungs, liver and other organs. She died shortly thereafter, leaving her husband and children behind.

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 Posted on January 01, 2017 in Medical Malpractice

The family of a New York man who suffered from end-stage COPD (chronic obstructive pulmonary disease) received a high six-figure settlement following a hospital’s administration of the improper medication that ultimately led to his death. The man was admitted to the hospital for overnight evaluation following experiencing shortness of breath. Following his admission, he was placed into a room with a cancer patient. That patient was supposed to receive a dose of Oxycontin for pain. That dose was mistakenly given to the plaintiff, a dose that caused the man to experience immediate respiratory distress. Subsequently, the mediation Narcan, a medication that helps combat respiratory distress was not administered by nurses for over 3 hours despite a physician calling in such an order. Within 8 hours of the Oxycontin administration, the New York was able to catch his breath, was placed on a ventilator, and died. The lawsuit alleged that the hospital was negligent in administering the wrong medication, failing to administer proper palliative medications and failing to place the man on a respirator earlier.

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 Posted on January 01, 2017 in Medical Malpractice

A New York couple recently settled an obstetrical malpractice / medical negligence / medical error case against an area hospital, its nurses and an obstetrician for $8.5 million after the hospital nurses failed to timely respond to fetal distress and the physician failed to perform a timely cesarean section. The plaintiff presented to the hospital in labor and underwent a full workup that did not reveal any abnormalities. Approximately 8 hours later, the baby’s heart rate dropped severely. Nurses attempted various measures to raise the baby’s heart rate, including administering oxygen, discontinuing Pitocin (a drug that is used to induced labor) and increasing fluids — each of these efforts was unsuccessful. The obstetrician was subsequently contacted outside of the hospital. She arrived 22 minutes later and a C-Section was performed 35 minutes later. The child was born severely depressed requiring resuscitation. Presently, the child is 5 years old. He has been diagnosed with cerebral palsy and is unable to hold his head up on his own, see or walk, and routinely experiences profound seizures. At trial, the plaintiffs argued that the sudden drop in the baby’s heart rate occurred because the umbilical cord was being compressed, and therefore, necessitated an immediate c-section. The defendants argued that a more timely c-section would not have affected the outcome because the baby likely suffered the injuries within a few minutes of the umbilical cord being compressed, and therefore, even an urgent cesarean section would not have led to the avoidance of the baby’s injuries.

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 Posted on January 01, 2017 in Medical Malpractice

The recent outbreak of fungal meningitis continued to grow this week with the deaths of at least four more individuals. To date, the outbreak, linked to contaminated steroid shots received by the individual patients, has killed 12 people nationwide (Maryland, Michigan, Florida, Tennessee and Virginia). Tennessee has been the hardest state hit with at least six reported deaths. To date, there is one confirmed death in the state of Maryland and at least 8 confirmed cases of the development of the infection. Meningitis is best described as an infection of the various membranes that cover the brain and spinal cord. It can be caused by viruses, bacteria or other micro-organisms such as fungi. Meningitis is obviously life threatening due to the inflammation’s proximity to the brain and spinal cord. Common reported symptoms include nausea, neck stiffness, fever, confusion, vomiting, an inability to tolerate light and headache. It is important to note that fungal meningitis, unlike bacterial or viral meningitis, is not contagious. A lumbar puncture is the test of choice to confirm or rule out meningitis. A lumbar puncture involves the insertion of a needle into the spinal canal to extract a sample of cerebro-spinal fluid that surrounds the brain and spinal cord. The fluid is then examined in a laboratory to see whether antibiotics are warranted.

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 Posted on January 01, 2017 in Medical Malpractice

A Maine jury recently found a Bangor surgeon and the Eastern Main Medical Center liable for the death of a man who was transported to the hospital following an ATV accident in which he suffered, amongst other injuries, broken ribs. In the ensuing lawsuit, the decedent’s family argued that upon his admission to the emergency room, there was an indication of internal bleeding from CT scans ordered by the ER physicians. Subsequently, however, the doctors caring for the decedent failed to follow up on these indications, including not issuing an order for follow up radiology tests to monitor the bleeding. Within 36 hours of the admission, the extent of internal bleeding caused one of the decedent’s lungs to collapse, which in turn, caused a shortage of oxygen and led to a massive heart attack. Plaintiffs’ expert witnesses testified that had the doctor merely done the tests and placed a chest tube for drainage of the blood/fluid. The defendants countered that the heart attack was caused by the collapse of one of the man’s arteries, and that no test or procedure would have predicted such an event. The jury awarded the family $6.7 million dollars.

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 Posted on January 01, 2017 in Medical Malpractice

A Virginia man recently settled a case of medical negligence for $1.85 million dollars against his surgeon who, in the course of performing a laparoscopic cholecystectomy (also known as laparascopic gall bladder surgery), negligently severed his common bile duct. In the lawsuit, the plaintiff alleged that the defendant surgeon experienced difficulty dissecting and locating cystic duct due to what he thought was its unusually large diameter. Post-operatively, the plaintiff suffered abdominal distension and worsening pain over several hours. Radiology scans revealed the error. The plaintiff subsequently required biliary repair surgery and numerous bouts of cholangitis and elevated liver function tests. It is also believed he will require a future liver transplant as a result of the negligence.

Laparoscopic gallbladder surgery is one of the most common surgical procedures in the United States today. Bile is a caustic substance created in the liver that is necessary for digestion and the absorption of food in the small intestine. Bile normally flows from the liver down the right and left hepatic ducts, into the common hepatic duct and then into the cystic duct, and is stored in the gallbladder. When the digestive system signals the body that it needs bile to digest food, the gallbladder contracts and bile flows out of the gallbladder through the cystic duct and then down the common bile duct into the small intestine. Sometimes, small hard pieces called gallstones form in the gallbladder and interfere with the normal flow of bile. One remedy for gallstones is the removal of the gallbladder. Digestion and the absorption of food is unimpaired in patients even after removal of the gallbladder.

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 Posted on January 01, 2017 in Medical Malpractice

A California jury recently awarded a man $2.25 million dollars in a medical malpractice lawsuit against his anesthesiologist and surgery center following a relatively routine surgical procedure in which he suffered an anoxic brain injury. The Plaintiff, a diabetic with significant kidney disease, underwent a prosthetic lens implantation procedure on one of his eyes. During the course of the surgery, the Plaintiff had a reaction to the anesthesia after he had been sedated. As a result, he went into a deeper state of sedation than was intended, an uncommon, but known complication. Unfortunately, the anesthesiologist had left the surgery room and otherwise failed to properly monitor the patient. As a result, the Plaintiff stopped breathing for a period of time such that he suffered the brain injury. Specifically, the Plaintiff suffered cerebral hypoxia or a hypoxic injury. During the course of the trial, the Plaintiff’s attorney was able to demonstrate that the surgery center was aware of the anesthesiologist’s tendency to leave patients under anesthesia with nurses and other health care providers who were not trained to handle such patients. This no doubt played a role in the jury’s decision to find the anesthesiologist liable for the injuries that the plaintiff experienced.

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 Posted on January 01, 2017 in Medical Malpractice

Earlier this year, the parents of a child who suffered permanent brain damage during childbirth settled their medical negligence case against Mercy Medical Center, located in Canton, Connecticut for $4.3 million dollars. The parents, Jared and Crystal Rinker, had filed the medical negligence suit on behalf of their daughter, Jordan, alleging that physicians at the hospital failed to recognize clear signs of fetal distress and hyperstimulation of the mother’s uterus. Specifically, the lawsuit alleged that on March 13, 2008, Crystal Rinker was admitted to the hospital to deliver Jordan. She was administered Pitocin.

Pitocin is a medication that increases the frequency and intensity of uterine contractions, essentially inducing delivery of the baby. The medication is given through an IV and the dosage is regulated by a pump. Whenever Pitocin is used, it is understood that the well-being of both the mother and the fetus must be monitored carefully. Pitocin is the synthetic brand name of the labor hormone, Oxytocin. It is well known, however, that one of the side effects of Pitocin is that it decreases the supply of blood and oxygen to the baby. Accordingly, when Pitocin is administered, it is important to monitor the baby carefully for changes in its condition. Moreover, delivery must occur within a certain amount of time so as to avoid the likelihood of injury to the baby. In short, if the labor is stalled, health care providers should intervene to prevent the mother and/or baby from developing an infection and/or sepsis.

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