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Tag Archives: failure to diagnose

$1,850,000 Settlement After New York Hospital Missed Diagnosis of Breast Cancer

The doctors missed the breast cancer diagnosis when Marcia Lee first came to the Manhattan hospital for evaluation. She was shocked to discover that not only did she have the cancer, the hospital’s failure to diagnose it earlier left her in a worse condition. She was only 45 years old and determined to fight both the cancer and the injustice. Ms. Lee spoke to a top medical malpractice lawyer in NY who explained her rights. A medical malpractice lawsuit for failure to diagnose cancer was filed against the hospital and its doctors. The defendants subsequently concluded the case against them by giving the misdiagnosis victim a $ 1.85 Million settlement.

Have you, or someone you know, suffered from doctor or hospital negligence? Please let us know – it’s a free consultation! You can also read about additional winning medical malpractice cases here.

Photo by Bill Branson [Public domain], via Wikimedia Commons

$340,000 Compensation - Surgical Error - Young Woman Suffers Colon Perforation After Routine Surgery

Brooklyn, NY – – Jane Doe was 21 years old when she went for a routine gynecological surgery to remove cysts from her ovaries in February of 2010. However, she had to return to the Brooklyn, New York hospital approximately a week later due to severe pain from a perforation of her bowel. The injury to her large intestine quickly worsened into peritonitis, a dangerous infection in her abdomen and pelvis.

Ms. Doe continued to suffer and required multiple operations to help correct the apparent surgical mistake. She asserted that the hole in her bowel occurred due to doctor negligence and therefore filed a medical malpractice lawsuit. After consulting with a top medical malpractice lawyer, she further contended that the Ob-Gyn surgeon delayed treatment due to failure to diagnose the complication from the operation.

Following negotiation with the defendants, the malpractice victim was given a $340,000 settlement. For further details on this case, please see the full article below.

Illustrative photo by U.S. Air Force photo by Airman 1st Class Benjamin Stratton [Public domain], via Wikimedia Commons 

$ 3 Million - Meningitis Medical Malpractice - Hospital's Failure to Diagnose

Meningitis is a life-threatening condition. It involves an inflammation of the protective membranes covering the brain and spinal cord. Meningitis is classified as a medical emergency. When a hospital failed to diagnose a case of Meningitis for a two year old patient, the family turned to New York’s toughest personal injury attorneys. The lawyers successfully proved that the medical negligence caused by hospital error resulted in the girl suffering from hearing loss, mental deficiencies likely due to brain damage and infection. Fortunately, the family was compensated $3,000,000. Read about other failures to diagnose and medical malpractice.

Photo by 4028mdk09 (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

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Unspotted meningitis caused deafness, child’s mother alleged (VerdictSearch)

Settlement Amount: $3,000,000

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Court: Queens Supreme, Queens County, NY

Injury Type(s): other-meningitis; sensory/speech-hearing; loss of mental/psychological-cognition; impairment

Case Type: Medical Malpractice – Failure to Test, Failure to Diagnose

Date: June 23, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

Facts:

On Nov. 11, 1999, the plaintiff, a 1-year-old girl, was examined by her pediatrician, Dr. Bum Park. The baby was suffering a persistent fever, and Park determined that the fever was a product of tonsillitis. The baby’s mother was told that she could be reexamined when it became necessary.

During the ensuing hours, the girl’s fever reached 104 degrees Fahrenheit, and she began to vomit. She was transported to the emergency room of Elmhurst [N.Y.] Hospital Center. An X-ray revealed a potentially abnormal density of the little girl’s lungs, and doctors suspected that she could have been developing pneumonia. Thus, she was admitted to the hospital. Doctors also suspected that meningitis could have been developing, but they did not detect any abnormalities of the child’s meninges. She was administered an antibiotic.

During the third day of the baby’s hospitalization, a nurse observed that the child’s neck was stiffening. A test confirmed that the patient was suffering nuchal rigity — stiffness of the nape of the neck. Nuchal rigity is one of three symptoms of meningitis. The girl was also suffering a 102-degree fever. Doctors determined that a spinal tap would be performed if the fever persisted.

The child’s hospitalization ultimately lasted 14 days, and her body’s temperature always equaled or exceeded 100 degrees.

Two days after her discharge, doctors determined that the girl was suffering an acute and total loss of her ability to hear. A CT scan revealed that she was suffering damage of her ears’ cochleas. The child victim’s mother claimed that the damage was a result of untreated meningitis.

The mother, acting as parent and natural guardian, sued Park and Elmhurst Hospital Center’s operator, the New York City Health and Hospitals Corp. The mother alleged that Park and the hospital’s staff failed to diagnose the meningitis. She further alleged that the failures constituted medical malpractice.

Plaintiff’s counsel claimed that the girl’s nuchal rigity indicated that she may have been suffering meningitis. He contended that the symptom should have prompted immediate performance of a spinal tap or some other appropriate test. The plaintiff’s expert neonatologist opined that CT scans revealed that the cochlear damage was a result of ossification that was caused by a bacterial infection.

Park’s records did not clearly indicate the scope of his Nov. 11 examination of the child. He initially contended that the examination may have included performance of tests that detect meningitis, but he ultimately acknowledged that he could not recall having performed such tests. However, Park’s medical expert opined that Park’s treatment did not deviate from accepted standards of care. The expert also opined that the child’s permanent injury was not a product of Park’s actions or inactions.

Park’s counsel moved for summary judgment. The motion was denied, but the appellate division, Second Department, reversed. Thus, the matter proceeded against New York City Health and Hospitals.

New York City Health and Hospitals’ counsel contended that Elmhurst Hospital Center’s staff appropriately treated the patient. He claimed that the baby’s symptoms did not warrant additional treatment.

New York City Health and Hospitals’ also moved for summary judgment. He challenged plaintiff’s counsel’s submission of a supplemental bill of particulars, but his motion was denied.

Injury:

Plaintiff’s counsel claimed that the child victim suffered meningitis that caused damage of her ears’ cochleas. He contended that the damage led to an acute, permanent and total loss of her auditory ability. He noted that the loss occurred during the child’s early formative years, and he claimed that the resultant handicap impaired her cognitive development.

The girl’s mother sought recovery of damages for her daughter’s past and future pain and suffering.

Defense counsel contended that the child’s cochlear damage was a congenital defect.

Result:

The parties negotiated a $3 Million pretrial settlement.

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Judge: David Elliot

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

$ 3.4 Million Dollar - Medical Malpractice - Failure to Diagnose

Failure to diagnose an infection in a child’s hips resulted in orthopedic injury with permanent disability. Top Injury Attorneys at Morrison & Wagner helped the injured party receive rightful compensation in the amount of $3,425,000. How common is a failure to diagnose? Approximately 40% of all medical malpractice claims involve a failure to diagnose some kind of condition (data). If you or a loved one experience medical malpractice, contact an experienced injury attorney right away. Read more about other cases of medical malpractice and physician error.

Illustrative Photo Credit: Elisa Self [License]

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Unspotted infection claimed child’s hips, mother alleged (VerdictSearch)

Settlement Amount: $3,425,000

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Court: Kings Supreme, Kings County, New York

Case Type: Medical Malpractice – Childbirth, Failure to Diagnose

Date: July 26, 2006

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY, for Plaintiff, and daughter
Eric H. Morrison; Morrison & Wagner; New York, NY, for Plaintiff, and daughter

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Facts:

On Nov. 24, 2002, the Plaintiff, a pregnant woman in her first trimester of gestation, presented to Maimonides Medical Center, in Brooklyn, experiencing contractions. Several hours later she gave birth to premature twin daughters. The first baby was born with Apgar scores of 9, and 9. (Editor’s note: The Apgar system scores an infant’s physical condition during the first minutes of life. The infant’s heart rate, respiration, muscle tone, stimulated responses, and color are graded zero, one or two. Thus, the maximum total score is 10. A low score indicates that the infant requires immediate, lifesaving attention.)

As a result of her premature birth, the baby was admitted into the hospital’s neonatology unit and was diagnosed with sepsis, growth retardation and prematurity. After more than 30 days in the neonatal intensive-care unit, she was released with a clean bill of health. Thereafter, the baby’s parents noticed that she was not turning like her twin sister was. The baby girl’s pediatrician noticed problems with her hips, and she was referred to a pediatric orthopedist. Upon examination, the orthopedist determined that the baby had no hip joints on both the left and right sides.

The Plaintiff, acting individually and on her daughter’s behalf, sued the hospital and the attending physicians. She alleged that the defendants failed to diagnose the condition and that their failures constituted medical malpractice.

The plaintiff’s expert pediatric orthopedist determined that the internist who examined the baby on her fourth day made the correct diagnosis and noted that the area was “swollen and painful.” They contended that this constituted an orthopedic emergency and warranted an immediate orthopedic consultation. Plaintiffs’ counsel also determined that the consultation would have resulted in a hip aspiration and removal of the bacteria that caused the infection. He further opined that the septic arthritis or osteomyelitis, an inflammation of the bone caused by a pathogenic organism, was not diagnosed and also demonstrated the defendants’ failure to appreciate the infant’s symptoms.

The defendants claimed that they did not depart from the standard of care. Defense counsel argued that the infant was provided timely and directed hip examinations following the intern’s note and that no symptoms justified an orthopedic consultation.

Injury:

Plaintiffs’ counsel claimed that the delayed diagnosis led to an infection that caused the complete deterioration of the little girl’s hip joints, resulting in a permanent disability. The girl, now 4, walks with an altered gait. Although she does not wear a brace, she requires fusion surgery on both hips. The surgery can not be performed until after she reaches puberty, and she also requires revision surgery over the course of her lifetime.

The victim’s vocational life-planning expert determined that she will have profound vocational and occupational consequences and will have difficulty finding meaningful employment.

Plaintiffs’ counsel sought recovery of an unspecified amount of damages for past and future medical costs, lost wages, and pain and suffering.

The defense claimed the girl does not need revision surgeries and will be able to lead a normal productive life.

Result:

The parties agreed to a $3,425,000 pretrial settlement. The hospital’s insurer will contribute the entire amount. The attending doctors were stipulated out.

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Judge: Gerard H. Rosenberg

Long Island hospital facing medical malpractice lawsuit in alleged surgical error

New York – A woman went to a well-respected hospital in Long Island for a routine ectopic pregnancy operation but has now filed a medical malpractice lawsuit. She developed life threatening complications while in the hospital that left her with both legs amputated below the knees. The woman and her family say that the problems began when the surgeons pierced her colon during the laproscopic surgery. They explain that this puncture was missed by the hospital due to doctor error. This failure to diagnose, notes the family, led to even more serious complications. The patient then developed sepsis, a deadly infection in her blood, and gangrene necrosis, the death of tissues, in her legs. Doctors and nurses in the hospital detailed how the woman then required several months of hospitalization in the intensive care unit (ICU) with antibiotic treatments and various medications. However, the medical care could not prevent the need for amputating the woman’s feet and legs and several other necessary medical procedures. The victim now exclaims that the alleged hospital mistake have left her unable to care for herself and permanently disabled. She is suing the hospital and its doctors, claiming they were negligent in several areas of their medical care. You can read more about her hospital negligence case here.

Photo by Unknown photographer [Public domain], via Wikimedia Commons

Woman dies of lung cancer after missed diagnosis

New York — A woman from Brooklyn, NY died from complications of lung cancer after doctors at the hospital delayed diagnosis of her deadly condition. Family of the victim say that the hospital’s misdiagnosis was due to not following up on a suspicious finding in an x-ray several years earlier. A small nodule or mass was spotted on a chest x-ray but her doctors failed to properly evaluate this, delaying her cancer diagnosis for over two years. Reports show that the doctors working in the New York City owned hospital were negligent by not fully reading and acting on the x-ray report from the radiologist, which pointed out the suspicious spot and recommended specific follow-up instructions. The missed diagnosis of her lung cancer allowed the disease to continue growing until it metastasized, spreading to her other lung, liver, spine and brain. The original hospital error was compounded when subsequent clinic doctors kept treating the woman’s cough and difficulty breathing as asthma. Those doctors never ordered another chest x-ray or properly reviewed the original one.

Experts have predicted that the woman’s cancer could have been treated properly and her life could have been saved had the doctors not committed medical malpractice several times over those two years. Patient activists say that doctor mistakes like this often occur when protocols and conditions created by the hospital or office don’t meet basic standards for patient safety. They warn that doctors and nurses as well as hospital administrators need to take a close look at the day-to-day running of their facilities in order to ensure the constant rush of patients doesn’t allow for overlooking things. Some note that doctors are quick to order tests but sometimes don’t leave enough time to look at the test results. A medical malpractice lawyer in New York says that when a doctor doesn’t order the proper diagnostic tests and when he or she doesn’t follow up on the tests that were ordered, both situations constitute medical malpractice. Find out more about this medical error case and the consequences here.

Read about another case of failure to diagnose, where top medical malpractice attorneys helped the injured party receive rightful compensation in the amount of $3,425,000.

Photo by Nevit Dilmen (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons