Dallas Personal Injury Lawyer - Medical Malpractice

A Few Notes on Medical Mistakes/Medical Malpractice

Jeff Rasansky — Fri, 06 Feb 2009 15:34:57 GMT

Medical mistakes occur far too often. Exact estimates are difficult to locate, however, it isn't surprising when one looks at the medical industry. Their industry is hurting, now more than ever. They are overwhelmed, complex, and stretched to the maximum.

Several studies have been performed regarding medical errors. A phone survey that was conducted by the National Patient Safety Foundation proved that 42% of people believed that they may have experienced a medical error personally, or one may have happened to their friend. This is simply not acceptable!

Common forms of medical malpractice include birth injuries (such as cerebral palsy), items left inside of a person following surgery and unnecessary surgery are all forms of medical malpractice.

Other forms of malpractice include:

Failure to properly diagnose a disease or illness.

Failure to properly monitor patients.

Failure to properly treat the diagnosed disease.

Surgical errors including wrong-site surgery or anesthesia errors.

Failure to fully inform the patient of the risks of certain procedures and surgeries.

Misuse of prescription drugs.

Improper use of medical equipment or implants.

Many people don't realize that doctor's aren't the only medical professionals who patients can sue for medical malpractice. Most health care providers such as chiropractors, therapists, nurses, psychologists and dentists are subject to this sort of legal action.

If you or someone you care about has been involved in a medical malpractice situation, please don't hesitate to contact us. You have a right to legal compensation!

Originally posted at InjuryBoard by Jeff Rasansky

Dallas Malpractice Attorney: Jury Awards $7M In Medical Malpractice Case

Jeff Rasansky — Fri, 19 Dec 2008 15:39:52 GMT

A jury has brought back a verdict in a Westchester County Medical Center case, awarding $7 million dollars to a family in a medical malpractice case. Theresa Capwell was a mother of three who suffered severe brain damage and later passed away after medical professionals failed to diagnose her inflammed pancreas, according to her attorney, Judith Livingston.

Livingston says that after the doctors failed to diagnose the condition, they still had several opportunities to save Capwell. A White Plains jury returned the verdict against the medical center to Supreme Court Justice Nicholas Colabella after a 3 week trial and 24 hours of deliberations. It awarded $3 million to Capwells three daughters and $4 million to her husband.

Livingston claimed that Capwell was admitted to the hospital with symptoms that clearly indicated pancreatitis, but doctors looked for cancer that simply did not exist for two weeks. As a result, Capwell was placed on a breathing machine. The breathing machine caused a buildup of air in her lungs, preventing her lungs from expanding and contracting, therefore preventing oxygen intake.

Several doctors ordered a chest tube to help her breath, but it was never done. As a result Capwell ended up going into cardiac arrest and her brain went without oxygen for 12 minutes. She died a year later after living in a completely incapacitated state.

The medical center released a statement that said they will file a motion to appeal the verdict.

Source: www.nydailynews.com

Originally posted at InjuryBoard by Jeff Rasansky

Medical Malpractice Attorney in Dallas: What You Should Know

Jeff Rasansky — Tue, 02 Dec 2008 17:55:12 GMT

Not everyone can afford to spend dollars on pursuing their cases in courts. However, lack of money should not become a deterrent in getting justice. That’s why there are medical malpractice settlements.

Medical Malpractice Settlements VS Jury Verdicts

Medical malpractice settlements feature two kinds of awards – compensatory damage awards and punitive damage awards. The compensatory awards refer to the financial compensation provided for medical bills, lost income related to injury causes, and other expenses. Besides, you may also get compensation for the pain you or your family member had to undergo due to the medical negligence. This is called non-economic awards.

Punitive damages awards are different and not provided often. They actually involve punishing the accused health care provider. This happens in cases of extreme or deliberate negligence on the part of the medical provider. However, for this, you need a highly competent medical malpractice lawyer who can prove the wrongful act of the doctor in question. It’s very expensive going to court nowadays. Therefore, people prefer out-of-court medical malpractice settlements. Through such settlements, lower amounts are awarded without the high costs of going to court.

Remember, lawsuits related to medical negligence are often accompanied by many complexities. Therefore, you need to gather all possible resources to build a strong case. Certain states have set a limit to the money that can be awarded as compensation in a malpractice lawsuit. However, this statute of limitations is under debate currently. So, if you don’t wish to go to court, opt for medical malpractice settlements.

Have you or someone you care about been the victim of medical malpractice or negligence in the Dallas/Ft. Worth area? If so fill out the form to the left of this blog, and someone will contact you right away. Our medical malpractice attorneys will evaluate your case for free and you will be on the road to justice.

Originally posted at InjuryBoard by Jeff Rasansky

Dallas Medical Malpractice Lawyer: What You Should Know Before Hiring One

Jeff Rasansky — Mon, 29 Sep 2008 15:19:24 GMT

Malpractice can occur at any point in your treatment plan causing serious side effects. The degree to which a medical professional harmed you by their poor practices differs significantly from one case to the next. In cases where only a small in fracture of medical malpractice occurs usually the medical professional will not report it because the patient rarely noticed anything!

Severe occurrences of medical malpractice occur when a medical professional fails to provide their patient with the duty of care that is warranted from medical treatment. In these types of cases it is imperative for the medical professional to come clean if they noticed and error so that the patient can seek immediate treatment. However, there are some doctors that commit these acts on purpose to gain lucrative incentives from insurance companies. These instances of medical malpractice are the kind that is tainting the reputation of doctors as well as pharmaceutical companies across the nation.

Medical malpractice can become a lengthy, costly and emotionally draining process that requires the most knowledgeable and experienced lawyers in the area. One of the key factors to becoming successful in you medical malpractice lawsuit is hiring the best lawyer. Some law firms have dedicated teams in dealing with personal injury and product liability cases.

Lawyers that have experience in dealing with the medical industry, insurance companies, and pharmaceutical giants are optimal. For they have the experience in dealing with intimidating companies that try to bury law firms with massive amounts of paperwork. This is a tactic that large companies will use so that the lawyer and the victim run out of resources and are forced to settle and a discounted rate.

Upon hiring your medical malpractice lawyer, there are some key things you can do to help your case gain speed. From the time that you first seek medical treatment to the time you think you have fallen victim to medical malpractice, make sure that you keep all of your medical documents. This is going to be especially important if your lawyer hires an expert witness who needs this documentation to determine what your doctor did or did not do. This is going to provide the court with unbiased proof that your doctor committed medical malpractice.

If you or a loved one has been caused harm by a medical professional, I urge you to seek medical help from a different establishment. Then if your doctor finds that your previous doctor gave you a misdiagnosis, wrong prescription, bad treatment plan, or any other type of failure of their duty contact a medical malpractice attorney immediately.

Originally posted at InjuryBoard by Jeff Rasansky

Dallas Misdiagnosis Lawyer: How Common Are These Mistakes?

Jeff Rasansky — Fri, 26 Sep 2008 15:52:24 GMT

So today I performed a Google search (does anybody even read the newspaper anymore?) for a few different terms related to personal injury law. I found some of the typical auto accident reports, but then I started getting into some really interesting (and sometimes tragic) subjects. For instance:

Cancer misdiagnosis:

Check out this website and some of the news headlines that they’ve compiled over time:

http://www.wrongdiagnosis.com/c/cancer/misdiag.htm

· Man seeks action against the surgeon who misdiagnosed his late wife

· Man sues after being diagnosed with another patients terminal condition

· Man sues for loss of leg due to undiagnosed cancer

· Misdiagnosed cancer in 12 year old boy

It is difficult to know just how many people get misdiagnosed every year, however, some put the statistics at between 20-40%. That’s far too many mistakes being made. These are people’s lives on the line! Someone has to hold these doctors accountable for their actions. When someone LOOSES HIS LEG because a doctor wasn’t performing his job right then something must be done.

We hope that you have never had to go through a misdiagnosis that ended in your injury. If that has happened to you or someone you love, we strongly urge you to seek representation from an experienced misdiagnosis lawyer. The Rasansky Law Firm has years of experience in this field and would be happy to evaluate your case FOR FREE right now. Just fill out the free evaluation form to the right of this blog and someone will be in contact with you shortly.

Originally posted at InjuryBoard by Jeff Rasansky

Medical Malpractice: A Cautionary Tale

Jeff Rasansky — Thu, 25 Sep 2008 15:48:51 GMT

We’ve all heard those horrible medical malpractice stories before. Could they possibly be true? Do doctors really leave things in their patients after surgery?

The answer is a resounding YES.

I pulled up a few stories off of Google the other day and found this one, which had even me saying “wow”.

Robert Ricketson was found responsible for medical problems that Arturo Iturralde suffered at the Hilo Medical Center in 1996. Following an operation on Iturralde in 2001, Ricketson discovered that he was missing titanium rods that were a part of Iturralde’s surgery. Here’s where it gets crazy:

Despite the fact that a nurse warned him several times, Ricketson decided to use the shaft of a medical screwdriver in place of the titanium rod. He did this in spite of the fact that a replacement titanium rod would have been available within 90 minutes. A week later, the screwdriver broke and Iturralde was rushed into another operation and then another after that. Iturralde would later die in 2003 from health complications brought on by the surgeries.

Amazingly enough, Ricketson did not even have malpractice insurance and had to serve as his own attorney at the trial. Things didn’t go well for him; he ended up owing almost $5 million in damages. Hilo Medical Center was also ordered to pay $770,000 in damages, although some people wanted to punish the hospital even more.

And get this: Ricketson was suspended from practicing medicine in both Oklahoma and Texas for alleged drug use before coming to Hawaii, however, the hospital decided to give him credentials anyway!

Medical malpractice happens more often than you would think. What would you do if something like this were to happen to you?

Originally posted at InjuryBoard by Jeff Rasansky

Hospitals Adopting Non-Bill Standards for Medical Errors

Jeff Rasansky — Wed, 13 Aug 2008 14:55:47 GMT

Hospitals around the country have come together to say they will no longer bill patients for their medical mistakes. Tennessee is one state out of 23 that has approved the non-payment policies for mistakes, with at least three more expected to follow suit.

The remaining 24 states have yet to implement this policy. This leaves many of the patients and family members who have run into this problem stunned. 67-year old Blake Oliver died last year in a Florida hospital after they mistakenly gave him type A positive blood instead of type O during a transfusion.

His sister is irate.

“With something this horrific, whether they’ve operated on the wrong person or removed the wrong finger, they shouldn’t expect reimbursement,” she said.

A July study by a federal agency found that preventable errors that occur during or after operations might be costing employers almost $1.5 billion a year!!

The idea to eliminate payments for these errors has gained a lot of press lately. MSN reports that Medicare will no longer be paying hospitals for the extra costs of treating certain injuries, infections and complications that occur after being admitted.

Simultaneously, many of the nation’s biggest insurance providers, such as Cigna, Aetna, Blue Cross Blue Shield and others, have declared that they will no longer be paying for these mistakes.

Some hospitals have always had a policy of waving fees. Officials in many states have been voluntarily adopting this policy for years. Others have told the press that they started paying more attention after their states took on the non-payment plans.

Originally posted at InjuryBoard by Jeff Rasansky

Daughter of Woman Who Died in Kings County Hospital Filing Lawsuit

Jeff Rasansky — Thu, 10 Jul 2008 11:04:22 GMT

The daughter of a woman who died at Brooklyn’s Kings County Hospital Center has called for the criminal prosecution of the workers who did nothing to help. Esman Green turned over and over on the floor of the psychiatric emergency ward for 24 hours before a nurse realized she was in distress; by then, Green had already died.

There were at least two security guards and an attending psychiatrist who were near Green and did absolutely nothing. Surveillance footage clearly shows that Green was ignored and unattended to while other patients received attention. This is a clearly a case of medical malpractice.

Green’s daughter, Tecia Harrison, wants to know how her mother ended up involuntarily committed to the psychiatric ward and why no one would help her.

“It was heartbreaking,” she said. “Something inside of me died right there with my mom.”

Six other people have been fired as a result of Green’s death at the hospital. There have already been complaints and lawsuits filed on her behalf.

Originally posted at InjuryBoard by Jeff Rasansky

Painkiller Theft Causes Hepatitis at Military Hospital

RLF Staff — Wed, 26 Mar 2008 13:32:57 GMT

Ex-nurse and retired Army captain Jon Dale Jones is believed to have spread Hepatitis C to 15 military service members or their relatives at El Paso's William Beaumont Army Medical Center by diverting painkiller from the patients to himself. Though details are unclear, an outbreak of Hepatitis C was reported at the hospital in 2004, and Jones tested positive for the blood-borne disease. It wasn't until after Jones left the center in the summer of 2005 that the Centers for Disease Control (CDC) linked Jones to the outbreak because he and the 15 infected patients shared the same strain of the disease.

Though the Texas Board of Nurses was notified as to Jones' infection, his license was not removed nor were there records of disciplinary action against him. Additionally, he had moved from El Paso to Washington D.C. and later to Florida, and complaint information is not often shared between states before all allegations are internally investigated. Jones was indicited Feb. 27 by a federal grand jury in El Paso on charges of assualting three of the patients and possession of a controlled substance by fraud. There are no facts yet involving how Jones allegedly obtained the fentanyl, an anesthesia used in surgery, from the patients or how he transmitted the disease, but he denies the use of dirty needles.

Read the full Associated Press Story.

Stories like these are obviously disturbing. These types of cases demonstrate the need for hospitals to constantly engage in peer review proceedings, as well as other administrative review, to assure the general public that the quality of care in hospitals and other facilities is appropriate, and being given by appropriate individuals. Contact a medical malpractice attorney if you or someone you know has suffered injury or loss due to inappropriate or negligent medical care.

Originally posted at InjuryBoard by RLF Staff

Teen Dies After Routine Breast Procedure

RLF Staff — Wed, 26 Mar 2008 09:40:27 GMT

About 24 hours after a routine corrective breast surgery on Friday, an 18-year-old Florida teen passed away. Two hours into her surgery, Stephanie Kuleba was rushed to the Delray medical Center to correct asymmetrical breasts and inverted areola, according to the Associated Press news brief.

There is little additional information at this time and the family's attorney said Tuesday that it was too early to determine whether or not legal action would be taken in the case. We will try to keep you updated as this story develops. In the meantime, if you or someone you know has suffered injury or even death as a result of medical mistakes, contact a medical malpractice attorney to discuss your legal options.

Originally posted at InjuryBoard by RLF Staff