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Tag Archives: medical malpractice

$325,000 Mediated Settlement :: Patient Suffered Embolism After Falling From Hospital Chair, Delayed Diagnosis

New York — An 83-year-old resident of a senior case nursing home facility fell out of a hospital chair while admitted for treatment there. He underwent X-rays after the fall in the hospital and was returned to the senior care home. He subsequently returned to the hospital and received a delayed diagnosis of a leg fracture. The man soon died of a pulmonary embolism that his estate contended was due to medical malpractice and negligence. The man’s family sought the legal assistance of Morrison & Wagner, who specialize in wrongful death. They helped mediate a settlement for the family in the amount of $325,000.

Illustrative Photo Credit: rearl [License]

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Suit: Fatal embolism stemmed from late diagnosis of fracture (VerdictSearch)

Mediated Settlement Amount: $325,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): leg-fracture (fracture, tibia); other-death; arterial/vascular – embolism pulmonary/respiratory

Case Type: Nursing Homes – Medical Malpractice – Delayed Diagnosis, Delayed Treatment

Date: October 29, 2010

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

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Facts:

On Aug. 5, 2003, plaintiff’s decedent, 87, was admitted to a hospital in the Bronx. During the ensuing days, he underwent treatment of malnutrition, mild dementia and residual effects of cancer of his prostrate.

On Aug. 12, 2003, the elderly man fell out of one of the hospital’s chairs. X-rays did not reveal a fracture, and the man was ultimately returned to his residence, a senior care center in the Bronx.

The senior care center’s staff subsequently determined that the fall victim was suffering a fracture of his left leg’s tibia. The injured man was returned to the hospital. After 10 days had passed, he suffered a fatal pulmonary embolism. The man’s family claimed that the embolism was a result of a failure to timely diagnose and treat his fracture.

The injury victim’s estate sued the hospital and the senior care nursing home. The estate alleged that the defendants’ employees failed to timely diagnose and treat the elderly man’s fractures. The estate further alleged that the hospital’s staff’s negligence constituted malpractice.

The estate’s counsel claimed that the man’s fracture occurred when he fell out of the chair. He acknowledged that preliminary X-rays did not reveal a fracture, but he claimed that subsequent X-rays did. He contended that the patient was discharged before the subsequent X-rays could be evaluated. He claimed that a medical examiner concluded that the man’s fatal embolism was a result of a failure to promptly address the fracture.

The estate’s counsel also claimed that the senior care center’s staff did not promptly address the fracture’s symptoms: discolored skin and an inversion of the senior man’s right foot.

Injury:

The plaintiff sustained a fracture of his left leg’s tibia. The estate’s counsel claimed that the fracture was not promptly treated, and he contended that the delay allowed the man’s development of a fatal pulmonary embolism.

The deceased man’s estate sought recovery of damages for his past pain and suffering.

Defense counsel contended that the man’s embolism was not a result of his fracture.

Result:

During the month that preceded the scheduled start of the trial, the parties negotiated a settlement, which was finalized via the guidance of Judge Douglas McKeon. The defendants’ insurers agreed to contribute equal payments that totaled $325,000.

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Judge: Douglas E. McKeon

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

$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

Questions mount regarding safety of medications containing niacin

Medical studies point to dangerous medication side effects of taking niacin but many doctors still prescribe the drug. Hundreds of thousands of patients in the United States are being given prescription Niacin according to recent statistics. Even more take the medicine without prescription, sold as vitamin B-3 over-the-counter in pharmacies, supermarkets and online. However, ongoing research of the prescription drug reveals that there are considerable side effects and possible health dangers in taking it. Some believe that the studies and literature clearly point to increased risk of wrongful death that has been ignored by many doctors and hospitals. The most common brand name of the medication is Niaspan, that is manufactured by a large U.S. drug company. Experts say that the nearly $1 Billion sales of the medicine in the U.S. alone may explain why the potentially hazardous product hasn’t been recalled from the market. There are many individuals and companies that have a lot of invested interest in ignoring the crucial warnings regarding the pills. Some have suggested that it is the responsibility of the drug makers to halt sales of the medication until they have more thoroughly studied its health effects. They contend that it is negligent for manufacturers, wholesalers and retailers to continue selling a product that hasn’t been fully researched and may quite possibly be injuring the public health. People who are taking niacin-related medication should discuss any concerns with their healthcare professional before stopping it. If you or someone you know may have been injured by a medication, you have the right to speak to an injury attorney that specializes in medical malpractice and liability https://morrisonwagner.com/contact/ to discuss your case. Read about the current medical research on niacin here.

Illustrative photo by Ragesoss (Own work) [CC-BY-SA-3.0-2.5-2.0-1.0 or GFDL], via Wikimedia Commons

Study shows misdiagnosis occurs regularly in doctor’s offices

A new research article published in a well-respected medical journal shows that doctors misdiagnose about 12 million adults every year in outpatient clinics and private offices. This is in addition to the hospital patients that are misdiagnosed by doctors on a regular basis. Even more concerning, the investigators explain that approximately 50% of the identified medical mistakes have the possibility to cause serious damage or illness, including wrongful death. A medical malpractice lawyer in New York City notes that he has worked with many victims of hospital errors and doctor’s mistakes. These cases of failure to diagnose often leave patients suffering with more severe illness, disability and pain. Even small delays in diagnosis can lead to catastrophic health consequences, such as spreading of a cancer or an infectious disease. These delays or failures can be attributed to many causes, such as inattentiveness by healthcare providers, illegible handwriting, poor continuing education, or even a facility that is trying to cut corners in order to save money. Patient care activists explain that doctor and nursing carelessness is a well-known problem that needs to be addressed more aggressively by private medical offices, public health clinics and hospitals alike. They say that proper oversight, education and full practice protocols are needed to improve the quality and safety of healthcare while preventing repeated medical negligence. See this article for more about the outpatient misdiagnosis study.

Illustrative photo by DoD [Public domain], via Wikimedia Commons

MRI center on Long Island allows man into suite with metal

New York – An elderly man was allowed to enter the magnetic resonance imaging (MRI) room of an imaging center in Medford, New York while carrying a walker made from metal material. The strong magnet in the machine forcefully jerked the walker from his hands, causing him to slip and fall. The victim fell and hit his head, evidently leading to an intracranial hemorrhage and stroke only days later. The head injury and brain damage apparently soon led to the man’s death approximately two months later. The injury victim’s son expressed outrage about the incident and filed a medical malpractice lawsuit against those responsible. The case alleges that negligence on the part of the MRI facility’s staff caused a sequence of events that led to the patient’s wrongful death.

Healthcare experts explain that this type of medical error or accident is a known complication of MRI machines. MRI equipment creates an extremely powerful magnetic force that can pull metal objects across the room with enough speed and strength to cause injuries and death. Many cases have been documented of dangerous objects flying through the air in MRI facilities, including heavy steel oxygen tanks, ambulance stretchers, jewelry, pens or even belts and other articles of clothing. In addition, some medical devices can be a hazard when exposed to an MRI machine’s strong magnet. This can include cardiac pacemakers, aneurysm clips, metal surgical rods and screws, and medication pumps. The dangers of these devices shifting or being dislocated during an MRI must be taken very seriously when doctors and MRI staff select eligible patients. Yet another medical complication linked to MRIs is thermal burns caused by the powerful machines. Due to these dangers of MRI accidents, all establishments are required to maintain strict training and protocols to ensure patient and worker safety. This includes complete explanations to the patient, inspections and checklists to avoid anyone from bringing an unauthorized metal object that could cause an MRI injury into the suite. Some metal is allowed in if it is verified to not be attracted to strong magnets. According to a New York City medical malpractice lawyer, the responsibility to maintain patient and workplace safety remains with the staff and doctors of the MRI company. Read more about how to prevent getting injured during an MRI here.

Photo by English: Lance Cpl. Jonathan G. Wright [Public domain], via Wikimedia Commons

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

Misdiagnosis of Lyme disease being discussed by New York senator

New York – Many people, including doctors, automatically associate tick bites with Lyme disease, especially when the bite is followed by fever, headache, and body aches or pain. However, current research shows that this can easily lead to a misdiagnosis of the patients true problem. A senator from New York is pushing for more training of doctors and nurses to make them aware of the various tick-borne diseases that are possible beyond just Lyme. Healthcare professionals are trained to diagnose illnesses of all sorts by working through a list of possibilities, known as a differential diagnosis. However, a top New York City medical malpractice attorney explains that some physicians prematurely jump to conclusions, leading to a missed diagnosis or other medical error. A doctor is more likely to correctly diagnose and treat a patient when all appropriate possibilities have been considered. More importantly, the correct diagnostic tests must be ordered by the doctor in order to avoid a medical mistake. The wrong diagnosis will usually lead to the wrong treatment of the patient’s condition and often associated complications. The complications from the wrong medical treatment can be due to side effects from the treatment used, as well as from failure to treat the actual illness. The current legislative effort has the goal of spreading awareness of other possible diagnoses besides Lyme when it comes to tick bites, including Powassan virus and Boriella miyamotoi. The most common treatment of antibiotics with doxycycline does not work on these other diseases, so a doctor error in one of these cases would lead to failure of the treatment. Some healthcare workers and health insurance companies have claimed that efforts such as this may just lead to defensive medicine and higher cost of care. However, patient advocates note that it is the responsibility of doctors and nurses to study their field of medicine more thoroughly and stay up-to-date of the current research and literature. They say that hospitals and national medical societies should carefully create protocols in order to assure that doctors order the right studies in order to avoid misdiagnosis as well as unnecessary medical testing. Proper health care requires diligence and hard work in order to avoid negligence and failure, according to activists. Read more about other tick-borne diseases and the push for more research here.

Photo by Subconsci Productions (http://www.flickr.com/photos/sbconsci/361586876/) [CC-BY-SA-2.0], via Wikimedia Commons