In the spring of 2013, a man underwent a surgical procedure. During the procedure, a carotid endarterectomy, the surgeon reportedly cut one of his nerves. The nerve that was severed was the nerve that controls the mouth's movement.
]]> The man says that he has been through extensive treatment due to the complications that stemmed from the alleged botched surgery. The surgical mistake has reportedly caused him numerous issues that have impacted his daily life. Two of the issues listed in his lawsuit include difficulty swallowing and impaired speech.When a surgical mistake leads to the injury of a patient, it may be possible for the patient, or his or her family, to pursue a medical malpractice claim. In such a claim, patients who have been negligently injured at the hands of a medical professional may be able to seek financial compensation for physical pain and suffering, loss of function, mental anguish, lost wages, medical costs and other related damages. The most important thing for individuals in New York to understand is that they have legal rights that deserve protection after receiving substandard care from a health care provider.
Source: cookcountyrecord.com, "Patient accuses surgeon of severing nerve that controls mouth movement", Ashley Perry, Nov. 24, 2014
]]>In July 2010, a man went to the hospital for an elective surgery. Before he could undergo surgery, the surgical area needed to be shaved. He alleges that this was done without his knowledge and while he was under anesthesia. When he awoke following the surgery, he assumed that he had ingrown hair follicles, but, unfortunately, within the next 24 hours the area became swollen. When the patient showed the swelling to his surgeon, he claims that he was advised to ice the affected area.
]]> Over the following several weeks, he had to undergo an emergency operation to remove necrotic tissue from the affected area. During this operation, it was determined that he had gangrene due to an infection. He says that he then had to spend three weeks in a nursing home while he recovered. Infection often occurs as the result of improperly sanitized instruments. It can also occur when a physician, nurse or other medical professional fails to properly wash his or her hands before dealing with a patient.When infection is not detected and immediately treated, the consequences can be severe for New York patients. Consequences of untreated infections can include the amputation of limbs, blood poisoning or even death. Although this man did not suffer from an amputation or die as a result of the nursing negligence that he allegedly experienced, he did suffer serious injury. For that reason, he has filed a malpractice suit in hopes of holding the medical staff responsible for their allegedly careless actions, while also seeking damages for medical expenses, disability and other related losses.
Source: louisianarecord.com, "Infection leads to medical malpractice lawsuit", Kyle Barnett, Nov. 21, 2014
]]>At 275 pounds, a man went in for a gastric bypass surgery in order to "change his life." However, the way his life changed was not the way he had anticipated. In fact, following the surgery, he ended up losing both of his legs. Apparently, this may have occurred due to a surgical mistake made in the operating room.
]]> It is alleged that the Texas surgeon punctured the man's main artery early on in the gastric bypass procedure. This mistake resulted in the man losing about four liters of his blood, which then required that he be given blood transfusions. The transfusions stopped the bleeding by closing the artery. Unfortunately, it supposedly was not realized that the artery that had been punctured was the aorta.When the artery was closed, the blood flow to the lower extremities was apparently shut off. This resulted in his legs losing the blood flow that they needed in order to stay warm and maintain a pulse. Due to the loss of oxygen-rich blood, the legs ended up being amputated. When he awoke following the surgery two weeks later, he became aware of the fact that he hadn't received the gastric bypass surgery and that he had instead lost both of his legs.
Even during routine surgeries, unexpected issues can crop up, resulting in a new approach in the operating room. However, there is legal recourse for New York victims who suffer due to a surgical mistake. When a surgeon has been careless and that surgeon's negligence can be proved, the victim may be able to recover compensation for the harm that was caused.
Source: kens5.com, "Man sues after losing legs after surgery", Jason Wheeler, Nov. 17, 2014
]]>One of the reasons for these doctor errors is due to improper communication between doctors rather than just the doctor and the patient. In fact, it is reported that roughly 80 percent of grave medical errors are caused by poor communication -- sometimes by no communication at all. This is particularly true when the doctors are switching shifts.
]]> Just like nurses, outgoing physicians provide the incoming doctors with patient reports. This report outlines the patient's symptoms, initial diagnosis, ordered tests, test results and anything else that is relevant to the patient's case. Unfortunately, not all information is properly relayed between doctors, which can result in numerous medical errors.Luckily, a group of researchers and physicians have created a program called I-PASS, which involves computer training, role playing, electronic health information and more. It is designed to help doctors increase the safety of patients without adding too much workload. A study was investigated the effectiveness of this program at several medical institutions across the country. The results showed that a standardized process like this can significantly reduce errors by roughly 30 percent.
This is excellent news for New York patients. However, the fact of the matter is still that doctor errors can occur, even with this streamlined process. Unfortunately, these errors can lead to devastating and life-changing injuries. Under these circumstances, patients may be able to file a claim for financial compensation to assist with financial, emotional and physical burdens that occurred as a result of the error. In those circumstances where the error resulted in a fatality, the surviving family may be entitled to commence a wrongful death medical malpractice lawsuit
Source: news.wustl.edu, "Medical errors drop with improved communication during hospital shift changes", Nov. 5, 2014
]]>Most medical professionals recommend that patients who have doubts concerning their diagnoses get second opinions. One may have the most prestigious doctor in the world, but that does not mean that he or she cannot make mistakes. Therefore, a second opinion can either back up the first doctor's diagnosis or find something that he or she missed.
]]> However, when obtaining a second opinion, it is important to do it in the right manner. Instead of explaining to the physician chosen to deliver a second opinion the details of the first doctor's diagnosis, it is wise to allow the second doctor to make his or her own diagnosis based on the information presented. One should simply explain his or her symptoms and allow the physician to proceed as normal.A second opinion may go a long way in avoiding doctor errors that could result in one's permanent disability or even death. Unfortunately, sometimes a misdiagnosis occurs regardless of the care taken by a patient. For New York residents who are suffering from the consequences of doctor errors, there is legal recourse available in the form of a medical malpractice suit.
Source: buffalonews.com, "Try these tips to avoid a misdiagnosis", Nov. 15, 2014
]]>The administrator of a woman's estate, who is also the woman's mother, is currently pursuing a legal claim against a medical group. The claim also names one of the nurse practitioners in the group as a defendant. She claims that it was the defendants' negligence and surgical mistake that resulted in her daughter's premature and alleged wrongful death.
]]> According to the report, the woman went to the medical group in early July in order to have an intrauterine device placed. The plaintiff believes that it should have been a simple and straightforward procedure that ended with the patient walking out of the office to enjoy her life. Unfortunately, she died. It is unknown whether the woman died during or after the procedure.The defendants are currently being accused of a variety of negligent actions. These include failing to exclude that the patient was pregnant prior to placing the IUD. They also reportedly did not insert the IUD during the first week of the woman's monthly menstrual cycle. In addition, the patient may have had a fungal and bacterial infection, which should have prevented the IUD from being surgically inserted.
The mother is seeking compensation for a variety of damages in the name of her daughter, as well as for herself. She asserts that she became responsible for her daughter's medical expenses and other related costs after the unfortunate surgical mistake. In addition, she is hoping for compensation for her own pain and suffering due to her loss. For New York residents dealing with a similar loss, a medical malpractice or wrongful death claim may be a way to gain financial compensation for the losses suffered after a surgical error.
Source: madisonrecord.com, "Intrauterine device procedure blamed on patient's death", Nov. 6, 2014
]]>According to current statistics, hospital related medical errors are considered the third leading cause of death in the country. Approximately 440,000 individuals die every year due to these medical mistakes. Sadly, further investigation into the cause of death often shows that these medical errors were easily preventable.
]]> The New England Journal of Medicine recently published a study that claims communication among medical staff is key in reducing or preventing life-threatening medical errors. According to the study, taking the time to discuss patients at shift changes can reduce injuries by up to 30 percent. Other studies claim that 80 percent of serious medical errors are the result of miscommunication among healthcare workers.Medical mistakes caused by errors in communication, are considered very preventable, but unfortunately, far too many Americans are still suffering injury or death as a result of this activity. New York residents who have been injured or lost a loved one as the result of a hospital related medical error can take legal action if they choose to do so. Medical malpractice claims may be filed against the hospital and any medical staff considered responsible. Successfully navigated claims can result in monetary compensation for any damages suffered, either through an out-of-court settlement or jury trial.
Source: oregonlive.com, "Hospital medical errors that harm patients, a leading cause of death, plummet in study", Lynne Terry, Nov. 5, 2014
]]>Negligence in the hospital setting can take many forms. For instance, delays and errors in an emergency room during triage or treatment may have fatal consequences. Likewise, a surgeon who doesn't perform gastric bypass or laparoscopic surgery properly can be deadly; an error during laparoscopic surgery, in particular, can cause a patient to have a deadly or severe infection.
]]> Some patients also experience problems during a da Vinci robotic surgery. The benefit of this type of surgery is that it involves incisions that are minimally invasive, and the patient can expect a recovery that is less painful. However, inadequate surgeon training can lead to perforations and tears in body tissue and arteries, which may lead to death.Anesthesia and radiology errors can also have dire consequences for patients in New York. If your loved one's life was taken because a doctor or hospital staff failed to exercise a reasonable degree of care in treating him or her, you may rightfully file a claim, seeking damages that can help to cover your loved one's burial expenses and even the loss of support. Even though a financial award can't restore your family member's life, it can help to address pain and suffering resulting from the medical malpractice incident.
]]>Although the underlying reasons were not disclosed, a boy was being treated by a urologist in 2009. He had to undergo an ultrasound. The mother claims that the results of that ultrasound were abnormal.
]]> Despite the fact that the boy underwent an ultrasound, kidney failure was never diagnosed. She asserts that her minor son suffered injury as a result of the negligence of the urologists. If the ultrasound had been read correctly, the boy's injuries may have been prevented.When medical professionals, whether in New York or elsewhere, fail to properly test, diagnose and/or treat a medical condition -- such as kidney disease -- it may be appropriate to pursue legal action against them in the form of a medical malpractice lawsuit. A successful claim can hold the parties deemed negligent financially responsible for the harm that occurred as a result of any doctor errors. It may also provide a monetary award for the victim and their family to help offset the financial burden that was created as a result of the doctor's failure to honor his or her duty of care to the patient.
Source: The Cook County Record, "Mother alleges Children's Urology Health Partners, doctor failed to diagnose son's kidney failure", Annie Cosby, Oct. 24, 2014
]]>Apparently, the man had hurt his back, and the injury was so severe that it required surgery. He underwent the initial surgery in 2009. Unfortunately, the surgeon placed the screws in the wrong location in the man's spinal canal. This resulted in permanent and complete paralysis.
]]> He underwent a second surgery in order to place the screw correctly. However, the damage had already been done, and there was no going back. He was in serious pain and suffered from numbness and no function of his quadriceps. He is now confined to his wheelchair.The man and his wife first filed a lawsuit with the Department of Veterans Affairs. They requested $5 million in various damages, but the claim was denied. The VA had not uncovered any negligent acts on the part of the surgeon.
They decided to pursue further legal action and went to federal court. It was in this court that the judge found that the surgeon was negligent. His misplacement of the screw caused permanent and irreversible damage.
The patient was awarded $725,000 in damages. His wife received an award for loss of consortium in the amount of $25,000. New York patients would do well to understand that they do have options in front of them when they have been a victim of medical malpractice. It is crucial for victims to understand their individual rights and available legal options as they decide whether to move forward with a claim. Doing so may help them financially in the future and hold the surgeon responsible for their negligence.
Source: arkansasbusiness.com, "Judge Awards $725K, Turns Screw on VA Hospital in Malpractice Lawsuit", Oct. 13, 2014
]]>Apparently, in 2011, she was ordered to program an IV pump to give her patient Versed. This is a medication that is provided to patients prior to surgery for anxiety relief and drowsiness. However, she programmed the pump to provide the wrong dosage. The source did not mention if it was too little or too much or what the outcome was.
]]> On a separate occasion, she apparently gave a patient too much of a drug called Amiodarone, which is used to help fix an irregular heart beat. She gave 260 milligrams over 40 minutes when she was supposed to provide the patient with 540 milligrams over the course of 18 hours. Then, in April 2013, she failed to provide a patient with three different types of medication as ordered by her physician.Medication is designed to help patients, not harm them. Unfortunately, when medication is provided in the wrong dosage, it can result in serious injury for the patient. Luckily, patients who find themselves in this type of situation have legal rights. New York patients may be interested in learning of what legal actions are available to them so that they can attempt to recover any financial losses for the injuries caused. If it can be established by relevant proof that medical malpractice occurred and seriously injured a patient, legal remedies are available for the monetary damages that resulted.
Source: syracuse.com, "Nurse who made medication errors turns in license", James T. Mulder, Oct. 14, 2014
]]>Apparently, the woman was pregnant throughout 2013. In Feb. of 2013, she was diagnosed with high glucose. She was gaining more weight than she should. By the time she was eight months pregnant, she had already gained over 50 pounds.
]]> Throughout the course of her pregnancy, she says she was never counseled on her dietary habits. She was never informed that she should change the way she was eating so that her weight gain would abate. She also claims that she never received an ultrasound to determine how much her fetus weighed.The mother says that her baby was injured during labor and delivery. The right shoulder of the baby got stuck on the mother's pubic bone. Allegedly, the doctor then put excessive pressure on the head and neck of the baby. Sadly, the baby had a very severe injury to the shoulder.
The mother claims that her weight as well as her baby's weight were issues that the doctor should have addressed prior to the delivery. She essentially believes that they were both too large for a regular delivery. However, a C-section was never recommended at any of her monthly or weekly check-ups with her OB.
Each situation with a birth injury is different, as the facts surrounding the pregnancy are different. Regardless, one thing is the same: if there is negligence on behalf of the doctor, a right to pursue legal relief exists. It may help to become familiar with what options are available in New York to seek financial relief against by means of a medical malpractice claim against any party whose negligence is deemed to have caused or materially contributed to a resulting birth injury.
Source: The Madison-St.Clair Record, "Woman claims child suffered shoulder injury during birth", , Oct. 8, 2014
]]>Apparently, the woman had told her gynecologist that she felt pain in one of her breasts several times. This was from July 2011 to Sept. 2012. A radiological exam was perform on the woman's right breast in July 2011. Unfortunately, her condition was not diagnosed and no treatment was provided.
]]> In fact, it wasn't until Sept. 2012 that she was finally diagnosed and properly treated for her condition. By that time, her condition had dramatically worsened. The specific nature of her breast condition was not reported.Regardless, the defendants are accused of medical negligence, failing to diagnose, failing to properly read a mammogram and failing to refer the woman to a specialist. Medical professionals go through years of education and training to ensure they are competent in diagnosing non-fatal and fatal conditions. Unfortunately, they do not always perform their job in accordance with recognized medical standards.
Early diagnosis of any serious condition is often the difference between life and death. Individuals in New York who have suffered due to the negligence of a health professional have the right to assess available legal options. In some cases, financial compensation can be awarded to the victims of medical malpractice to help pay for medical costs, rehabilitation expenses, lost wages and other related damages.
Source: The Madison-St.Clair Record, "Doctors accused of overlooking dangerous breast condition", , Oct. 3, 2014
]]>It was later determined that his abdomen had filled with blood. Because of this, the surgeon had packed it with numerous sponges. He underwent the second procedure and was then diagnosed with life-threatening sepsis and failure of his kidneys.
]]> A CT scan was performed, which showed that there was a foreign body in the man's abdominal area. He had to undergo another surgery in order to remove it. The foreign body turned out to be a sponge that had been left behind during the initial surgery. The man had suffered an infection, which supposedly made it impossible for his wound to be fully closed. He was in recovery for months and experienced a great deal of discomfort and pain.The lawsuit is being filed by the wife of the man who underwent these surgeries, who has since passed away. The source did not mention whether the man's death was related to the left-behind sponge and subsequent infection. Regardless, the wife still has the right to pursue her legal options due to the alleged negligence by the surgeon and his staff -- just as anyone here in New York would have. Although absolutely no amount of money can bring her husband back, a successful surgical mistake claim may provide her financial relief while also holding the surgeon and his staff liable for their wrongdoing.
Source: The Louisiana Record, "Widow claims medical malpractice after sponge left in husband allegedly led to severe infection", Kyle Barnett, Sept. 29, 2014
]]>Many patients do not realize that they can actually help doctors, nurses and other medical professionals from making a medication error. However, the primary reason that medication mistakes occur in the first place is because of inadequate communication between the patient and his or her doctor. For that reason, it is important that patients take the time to learn more about new drugs.
]]> When a physician is starting patients on a new medication, it is crucial that one asks any questions that they may have. This includes questions about the dosage, frequency, its use, possible side effects and potential interactions with current medications. It also doesn't hurt to keep an updated list of all current medications one is taking. All of this can go a long way in reducing harm caused by medications.Although New York patients can help reduce medication errors from happening, it doesn't necessarily mean that the medical professional is never at fault or that it won't ever happen. Whether a prescription error was intentional or accidental, someone will be hurt in the process, and the responsible individual deserves to be held liable for his or her negligent actions that led to such harm being done. In most cases, the error was made on behalf of the doctor, and a medical malpractice claim may be able to provide the victim with financial restitution to assist with medical costs, lost wages and other related damages that occurred as a result of the error.
Source: Michigan State University Extension, "Avoiding medication errors", Holly Tiret, Sept. 27, 2014
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