| READ MAIN PAGE | RSS Feed | RSS Comments | Log in | |
Source: Dallas News
Source: Statesman.com
Source: Miami Herald
Source: Injuryboard
Source: Huffington Post
Source: Charleston Gazette
Source: Marietta Times “Camden-Clark’s violations of court orders, inaccurate answers in discovery, inaccurate testimony and all of its aggregated misconduct before this court, warrant substantial sanctions,” Waters wrote in his order. Camden-Clark spokesman Greg Smith said the hospital was reviewing the order. “However, the underlying case is still under appeal, therefore it is inappropriate to discuss the case outside the courtroom,” Smith said. Waters’ order came in a lawsuit that alleged malpractice in the death of Hilda Boggs. Boggs died in 2001 following surgery on a broken ankle. A Wood County jury found that the anesthesiologist negligently overdosed Boggs with lidocaine. Jurors awarded $6.5 million to Boggs’ estate in March 2006. Camden-Clark’s alleged misconduct included failing to disclose to the plaintiffs during discovery that Sherry Johnston, the hospital’s risk manager, had knowledge of the case, Waters said. During discovery, parties are required to disclose relevant information about the case unless it is protected by attorney-client privilege. “Ms. Johnston, the hospital’s own corporate representative, had interviewed at least eight key witnesses and possessed numerous documents critical to the facts of the case,” Waters wrote. Waters said Johnston allegedly told at least two witnesses to throw away or destroy notes, copies or documents they had made about Boggs’ surgery. “Camden-Clark’s strategy in denying, throughout the case, things it knew well to be true went far beyond the privilege of putting the plaintiff to his proof. By breaching court orders, filing false discovery responses and by giving and permitting to be given inaccurate testimony under oath, and through multiple false statements to the court, the plaintiff and the jury, Camden-Clark engaged in litigation misconduct,” Waters wrote. The state Supreme Court is scheduled to hear motions on whether to consider the hospital’s appeal of the jury award on Sept. 19, said Wheeling lawyer Christopher Regan, one of three attorneys who represented Boggs’ family.
Source: WVR According to the lawsuit, Christy was admitted to Thomas Memorial on May 24, 2006, and was treated for chronic diverticulitis. Kyer performed an elective sigmoid resection by laparoscopic means. Christy was released on May 28, 2006. However, on June 2, 2006, he went to the emergency room, complaining of severe abdominal pain. He was admitted and a CT scan revealed a free intraperitoneal error. He was taken back to surgery with Kyer on June 6. For several weeks, Christy had significant pain in his abdomen. He was transferred to Putnam General Hospital, where Dr. Leonard Fichter performed an emergency surgery. According to the lawsuit, between May 24 and June 25, 2006, Christy claims he was treated improperly by Kyer, who deviated from the normal standard of care. Christy underwent several hospitalizations and surgeries, which included the essential loss of his entire digestive tract; suffered from sepsis, peritonitis and infection; currently suffers from severe discomfort and related problems in his digestive and bowel tract; and is unable to eat and maintain food. Christy claims in the suit that he incurred more than $200,000 in medical bills, and has suffered a significant loss of the capacity to enjoy life. Christy, through attorney Robert V. Berthold Jr., seeks compensation for his injuries, and any other relief the court deems necessary. The case has been assigned to Judge Charles King.
Source: Injuryboard
Source: injuryboard.com
Source: The Record According to court records, Mitchell accused PVH and Rorrer of malpractice when Rorrer improperly diagnosed her breathing problems as bronchitis. Her suit alleged that a follow-up examination by another physician discovered her breathing problems were a result of the remnants of a peanut being lodged in her lung, which later resulted in an acute case of pneumonia, and partial removal of the lung. On Dec. 13, Paul Farrell with the Huntington law firm of Farrell, Farrell and Farrell, which was representing both PVH and Rorrer, asked PVH be dismissed from the suit. Nibert granted Farrell’s motion noting that the case “has been fully compromised and settled.”
Source: The Record On Dec. 12, Ralph A. Barcus, of Gallipolis, Ohio, filed suit against Dr. Jack Levine. In his suit, Barcus, who is represented by Michael A. Eachus, of the Gallipolis law office of Eachus and Finley, named Pleasant Valley Hospital as a co-defendant. In his suit, Barcus, 65, alleges both committed malpractice when Levine in 2001 failed to remove the entire catheter he inserted into Barcus’ chest two years earlier. Though he provided both defendants the requisite 30-day notice of a pending lawsuit, Eachus maintains that the malpractice was so obvious that a certificate of merit from a qualified physician in Levine’s field is not necessary. Eachus position is similar to one taken by Dr. Danny R. Westmoreland in his appeal to the state Supreme Court claiming that a 2003 law designed to curb malpractice cases actually hamstrings legitimate ones. [more]
Source: Palm Beach Post
Source: nwi.com On July 12, 1996, Sangster, then 19, underwent spinal surgery by Oni at Methodist Hospitals Northlake Campus in Gary, for the correction of congenital scoliosis or curvature of his spine, the release stated. About three hours into the surgery, the anesthesiologist informed Oni that some of the patient’s monitoring equipment had malfunctioned, but Oni chose to continue the surgery. An hour later, Sangster went into cardiac arrest and a coma. Later, he was diagnosed with permanent brain damage due to lack of oxygen during the surgery, Kopack said in the statement. In 2001, a medical review panel of three doctors ruled that Oni and Kim had breached the standard of care during surgery and caused Sangster to suffer injuries.
Source: Edwardsville Intelligencer
Source: Naples Daily News
Source: Washington Post Who’s going to put two and two together and come up with the conclusion that insurance companies are taking professionals in the medical field for as much as they can and for as long as they can get away with it?
Source: Hartford Business “We are delighted that legislators agree the people of our state have a right to make informed decisions about their health care,” said Janet Levy, president of Victims of Chiropractic Abuse. SB-249 would require insurance companies to inform the state Insurance Commissioner whenever there has been a settled malpractice claim so that the information can be published for the public to make informed decisions about picking a chiropractor, just as been the case for years regarding medical doctors. “If this bill is signed into law chiropractors will no longer be able to hide under the radar,” Levy said. Levy suffered a stroke after chiropractic manipulation of her neck five years ago. She founded VOCA to advocate for others who have been injured by chiropractic treatment.
Source: Local News 8 During jury selection yesterday, attorneys told potential jurors Higham was given the wrong drug. They say that caused Higham to suffocate and that the nursing staff waited too long to react. But hospital attorneys claim the nursing staff acted appropriately. They also contend the drug blamed for Higham’s condition is not at fault. The trial is expected to last three weeks. The lawsuit does not include a specific dollar amount sought in damages. But Higham’s attorneys say the jury could deliberate on a multi-million dollar award.
Source: AP According to the action, Robison-Riley’s 52-year-old husband, Walter Riley, went to Crown Cosmetic for a hair transplant on April 27, 2006. “It’s a several-hour procedure. They anesthetize you, they do the hair grafts and you come out looking great later. Or that’s what’s supposed to happen,” Wilson said Wednesday. “With Mr. Riley, he went in and within an hour he was dead.” Wilson said a medical expert retained by his law firm determined Riley had been given an overdose of anesthetic. A person who returned a call from Crown Cosmetic said the company’s lawyer had advised that Crown not comment on the matter.
Source: Sentinel Weinstock said he talked to court personnel who said they thought the verdict was the largest of its kind ever awarded in the county. The Sentinel has not been able to confirm whether that is the case. The lawsuit was filed in 2002. According to the plaintiff’s pre-trial memorandum, Christian Boullianne was born at Carlisle Hospital on Jan. 26, 1999, with severe brain damage and spastic cerebral palsy. He was delivered by nurse midwife Pamela Kozick of the former Women’s Health Associates of Carlisle. The plaintiffs said that Christian’s condition was caused by Kozick’s negligent failure to recognize obvious signs of fetal distress during labor. On Friday the jury agreed, handing in a verdict that found Kozick negligent and a substantial factor in bringing about harm to Christian. It awarded the Boulliannes $273,471.61 under the Wrongful Death Act and $2 million under the Survival Act.
Source: LA Times A lower-court judge threw out the case two years ago on grounds that plaintiff Elodie Irvine had agreed to a $50,000 settlement from the hospital. Irvine, who had deadly kidney and liver disorders, spent four years on UCI’s organ transplant waiting list before transferring to another hospital and getting the procedures done within two months. She sued UCI in 2004 for negligence and fraud. A year later, she signed an agreement to settle the case for $50,000. But before the check arrived, she found out the Orange hospital had rejected 38 livers and 57 kidneys available to her through a national organ clearinghouse. She refused to cash the $50,000 check and asked a judge to overturn the settlement. The judge denied her request. Irvine, of Irvine, appealed that ruling and scored a victory Monday when a four-judge panel for the 4th District Court of Appeal said Orange County Superior Court Judge Randell Wilkinson had erred when he rejected her motion to overturn the settlement agreement. In reinstating Irvine’s case, the appeals court didn’t evaluate the merits of her claims. UCI spokesman Tom Vasich said the university was exploring its legal options. Irvine has also sued her original attorney, Lawrence Eisenberg, for alleged legal malpractice, saying he pressured her into accepting the $50,000 settlement. Eisenberg, who represents 35 other transplant patients suing UCI, said that Irvine’s case against him had no merit and that he might countersue her for malicious prosecution. Irvine’s original lawsuit led to a federal investigation of UCI’s transplant program. The probe said more than 30 waiting-list patients died while UCI doctors turned down viable organs. The school closed its liver program in November 2005 after the federal government decertified it and withdrew funding.
Source: Sun Sentinel Do away with contingency fees for attorneys. Have lawyers charge a fee for service, the same as they do when preparing a will. Upon successful settlement of a case, the attorney would have collected a fee for hourly services. If the case is decided against the plaintiff, the attorney would have already been paid for his or her services. Have a system of compulsory arbitration for all malpractice claims. This system has worked successfully in dealing with injury in the workplace. An arbitration board — usually a union representative, a physician, an attorney and a lay person — reviews the claim. Responsibility is assigned, contributory negligence is determined, and the board recommends a dollar amount as award. Compulsory arbitration could be as effective in medical malpractice cases, helping to drive down the costs appreciably by limiting large legal fees. Put a cap on awards for non-economic damages (i.e., pain and suffering). Restrict suing physicians for punitive damages, where the doctor must seek private counsel, since malpractice policies do not cover this. The threat of punitive damages may force many physicians to rush to settlement. Hospitals and physicians must police themselves better. It has been estimated that approximately 6 percent of doctors account for most medical malpractice cases. Establish a system of supervision for the chronic offenders, have mandatory re-training programs instituted by the hospitals and medical schools, and have the State Board of Medical Examiners play a more active role in the process by suspending or revoking the licenses of chronic offenders who defy rehabilitation. Will young scientific minds continue to be attracted to the medical profession? I fear not; most will find other ways to pursue productive and creative careers in the sciences.
Source: NMN Philip Peters, who is the Ruth L. Hulston Professor of Law at MU, said that contrary to popular belief, juries actually sympathize more with doctors and less with their patients. The determination was made following an extensive review of numerous studies examining malpractice cases from 1989 to 2006. The studies focused on all medical specialties and evaluated expert medical opinions and the merits of malpractice claims. Peters’ research involves medical negligence cases from New Jersey, Michigan and North Carolina; cases of national significance; and those involving major insurers. “The data show that defendants and their hired experts are more successful than plaintiffs and their hired experts at persuading juries to reach verdicts that are contrary to the evidence,” Peters said. He found that:
“When the jury is in doubt after hearing the conflicting experts, the benefit of that doubt usually goes to the defendant,” he said. “This is the opposite of the assumption made by critics of jury decision making.”
Source: The Age (AU) The figure equates to about 10 claims for each 100,000 services performed under Medicare. The average payout was about $60,000, although the report noted some insurers showed “a strong upward trend” in the ultimate average size of claims in the past year. Overall, the cost of claims increased from $99 million in 1997-98 up to $169 million in 2000-01, falling slightly in the last year to $151 million. Medical indemnity is a form of liability insurance that covers doctors for financial loss if they are sued by patients. Claims are lodged against doctors when a patient’s injury or death results from a breach or perceived breach of their duty of care. The government has charged the ACCC with investigating whether the premiums charged by the six medical indemnity insurers in Australia are justified. It found premiums, which had fallen about six per cent since the last annual report to an average of $5,537, were justified. Doctors paid a total $315 million to the insurance companies in the year ending June 2006. Assistant Treasurer Peter Dutton said the premium fall was good news for doctors and patients. “Medical indemnity premiums have fallen for the third year in a row meaning professional cover remains both available and affordable for doctors,” Mr Dutton said.
Source: The Post Standard
Source: MSNBC Mejia developed a form of streptococcus that resisted conventional treatment, according to medical records. She went into shock, gangrene set in, her kidneys began to fail and doctors amputated her limbs to save her life. The lawsuit names the hospital; its parent company, Orlando Regional Healthcare System Inc.; two doctors; a nurse; and two midwives. An attorney for Orlando Regional, Jennings Hurt, issued a statement Monday saying the company determined Mejia did not get the infection at the hospital. “The investigation also revealed that the care provided by its nurses was appropriate and reasonable,” the statement said.
The state Senate on Monday unanimously passed a measure intended to limit medical malpractice lawsuits in Tennessee. Senate Republican Leader Mark Norris, of Collierville, said the bill would cut down on frivolous lawsuits against doctors by requiring attorneys to pre-certify the merits of their cases with independent medical experts. The proposal has been hashed out between Republican sponsors and House Judiciary Chairman Rob Briley, D-Nashville, since January. “I’m very pleased,” said Norris. “It’s the fruit of many labors.” Briley has said his committee may add a provision to broaden rules for qualifications of medical expert witnesses when it meets on Tuesday. Norris had said there wasn’t enough time to include that amendment in the Senate version. The proposed compromise over medical malpractice lawsuits leaves out caps on lawsuit awards that have long been called for by the Tennessee Medical Association. Copyright 2007 by The Associated Press. All Rights Reserved.
Source: Pittsburgh Live
Source: WLTX He said the doctor’s failure to run pre-operative tests caused her to lose over half her body’s blood supply. She was in a coma for the next four months. “It’s basically a mistake that should have never been made,” said Tabitha, who was 15 years old at the time. From there, she watched her mother’s health slowly decline. “She was depressed, and she didn’t want to get out, didn’t want to go anywhere,” said Carter. “She just wanted to stay at home.” “She felt like she was deprived of being a mother to me,” added Tabitha. In September 2005, the emotional and physical pain was too much for Patricia to bare. Inside her Lexington home, the 42-year-old doused herself with gasoline and set herself on fire. “I do believe that what happened at Ft. Gordon did lead to what eventually happened to my wife,” said Carter. “I hope they learn from it,” said Tabitha. “I really do. I hope they don’t repeat what they’ve done to other people.” The multimillion-dollar lawsuit claiming medical malpractice and wrongful death was filed Tuesday. Attorneys are now awaiting a response from the U.S. government. They would not comment to News19 over the phone because the case is still under investigation. This is not the first medical malpractice suit against the hospital. The family and their attorney, Henry Garrard fear this won’t be the last if attention isn’t brought to the larger issue with military healthcare. “So from our own work that we have done, we don’t believe this is simply an isolated incident,” said Garrard. “And we have promised to deliver a quality of healthcare equal to what you and I might receive at a civilian facility and the concern that we have and the Bryants have is that our system is broken.”
Source: SaukValley In Illinois, where the debate over medical malpractice reform has caused fireworks for many years, only about 12 percent of closed claims involving physicians or surgeons resulted in a payout. Of those claims, however, 17 percent generated payments of $1 million or more. About 95 percent of claims in all the states - Illinois, Florida, Maine, Massachusetts, Missouri, Nevada and Texas - were settled prior to trial, usually after a lawsuit had been filed, the report said. In 2005, the Illinois General Assembly approved changes in a law meant to encourage more competition for insurance. It followed repeated stories of doctors fleeing the state or retiring because of steeply rising insurance premiums - some of which had more than tripled, to $100,000 a year. Doctors and insurers blamed the rates on out-of-control lawsuit awards, while trial lawyers and victim advocates condemned insurance mismanagement. In response, legislators approved some limits on lawsuit awards but also strengthened state oversight of doctors and insurers. The report found 42 percent of Illinois’ medical malpractice injuries occurred in hospital inpatient facilities and 24 percent took place in physicians’ offices. Median damages paid to medical malpractice claimants have increased 49 percent in Illinois in the last decade, possibly the result of increasing health care costs and the desire of many attorneys to take to court only those claims involving severe injuries or wrongful death claims, said report authors Thomas H. Cohen and Kristen A. Hughes. In Illinois, about 21 percent of insurance payouts in closed medical malpractice claims resulted in amounts under $100,000, with nearly a quarter in the $500,000 to $999,999 range. Authors warned against comparing Illinois with the other states. Some, like Illinois, only collect data on doctors, while others gather data from almost all health care providers. The National Association of Insurance Carriers selected the states for the study because they had comprehensive claims databases, officials said. On average, the states took 15 to 24 months before a medical injury was reported to insurance carriers. For Illinois and Nevada, it took 67 months on average to close after injury. “Several factors influence the decision concerning when to file a medical malpractice claim, including statute of limitations restrictions and the need to ascertain various medical, work-related, and pain and suffering expenses,” the authors said.
Source: DOJ About one-third of the medical malpractice insurance claims closed in Maine, Missouri and Nevada resulted in a payout. In Illinois about 12 percent of closed claims ended in a payout. Few medical malpractice insurance claims produced payouts that exceeded $1 million. Less than 10 percent of the claims in Florida, Maine, Missouri and Nevada had payouts of $1 million or more. In Florida, Maine and Missouri, about two-thirds of the claims were closed with insurance payouts of less than $250,000. Among persons receiving compensation, insurance payouts were highest for claimants who suffered lifelong major or grave permanent injuries. In Florida and Missouri, claimants with these types of injuries received median payouts ranging from $278,000 to $350,000. Insurance payouts were lowest for claimants who suffered temporary or emotional injuries. In Florida and Missouri, claimants who suffered these types of injuries received median payouts ranging from $5,000 to $79,000. Medical malpractice insurance payouts increased as the insurance claims advanced through the legal system. Payouts were typically lowest for claims closed prior to the filing of a lawsuit and highest for claims closed after trial. In Florida, Nevada and Texas, claims decided by trial resulted in median payouts that were at least two and a half times larger than claims that were settled. Claims closed after a trial also cost more for insurance firms to defend than claims settled at or prior to a trial. In Florida, Nevada and Texas, 95 percent or more of medical malpractice claims were settled prior to a trial decision before a jury or judge. The median damages paid to medical malpractice claimants have increased since the early to late 1990s. In Missouri, for example, the median insurance payouts grew from $33,000 in 1990 to $150,000 in 2004. During the various time periods covered by these insurance claim databases, median payouts also increased by 57 percent in Massachusetts, 49 percent in Illinois, 36 percent in Florida, 26 percent in Nevada and 27 percent in Texas. In general, claimants did not file medical malpractice claims with insurance companies immediately after an injury. In Florida, Missouri and Texas, medical malpractice claims were filed with insurance companies an average of about 15 to 18 months after injury. After the claim was received, it took an average of 26 to 29 additional months to close the claim in these states. The report, Medical Malpractice Insurance Claims in Seven States, 2000 - 2004 (NCJ-216339), was written by BJS statisticians Thomas H. Cohen and Kristen A. Hughes. Following publication it can be found here. For additional information about the Bureau of Justice Statistics statistical reports programs, please visit the BJS Web site. The Office of Justice Programs (OJP) provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP is headed by an Assistant Attorney General and comprises five component bureaus and an office: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime, as well as the Community Capacity Development Office, which incorporates the Weed and Seed strategy and OJP’s American Indian and Alaska Native Affairs Desk. More information can be found here.
Source: Waco Tribune
Source: St. Petersburg Times “It’s got to start somewhere,” said Shwedo, 53, whose husband, Paul Middleton, died at 71 last year after what Shwedo says was poor care at Northside Hospital in St. Petersburg. “I thought at least I could start to get some of my thoughts down and have some people look at it.” Shwedo’s Web log, or “blog” for short, may help her share her grief, but it also puts her at the cutting edge of technology and trials. “You create blogs to create a public perception,” said David Johnson, CEO of Strategic Visions, an Atlanta public relations agency that has helped plaintiffs blog to force action. “It puts pressure on the hospital to settle.” Johnson didn’t work on Shwedo’s case, but he said he’s seeing more examples of similar cases. He said the idea is in its infancy but is catching on because it works. Others see technology encroaching from other sides. “The Internet is invading the courtroom in 1,000 different ways,” said Bob Kelley, a Fort Lauderdale attorney and author of juryblog.com. “It’s really changing the way we practice law.” [more]
Source: Playfuls.com The 21 physicians are on trial on medical malpractice charges they ordered transfusions from which they benefit financially, The New York Times said Tuesday. About 100 children treated at a Shymkent hospital have tested HIV positive since last summer, the newspaper said. Their parents contend doctors charged patients $20 for 14 ounces of blood and split the money with the local blood bank. The doctors, whose salaries begin at about $175 a month, allegedly pocketed up to $10 per transfusion. Greed may not be the motivating factor, however. Western doctors see a medical culture in parts of Eastern Europe, central Asia and elsewhere that promotes transfusions to improve patients’ health or combat illnesses. “It’s dumb medicine,” said Dr. Max Essex of the Harvard AIDS Institute. That may be why one baby received 25 transfusions before he was found to have HIV, court documents show. “It’s insane,” said Dr. Michael O. Favorov of the Centers for Disease Control and Prevention who headed an investigation that identified the transfusions of tainted blood as the source of the Shymkent outbreak. “This kid needed no blood.”
Source: Hindu.com In all, 4,188 persons appeared for the examinations in Tamil Nadu on January 8, 2006. The prosecution case is that question papers were scanned using a `docupen’ and given to persons waiting outside the halls. The contents were then downloaded and printouts taken to enable preparation of answers, which were later sent to the candidates on mobile phones. The Central Bureau of Investigation (CBI), probing the case, arrested the doctors and recovered parts of pen scanners along with cash during probe. According to the CBI, the accused received amounts ranging from Rs. 2 lakh to 10 lakh from candidates to ensure that they came within the top 100 ranks in the merit list. On Tuesday, Special Judge N. Velu furnished copies to the accused and adjourned the case to April 10.
Source: JS Online Read here why big pharma wants Ziegler to win and how they are said to support her.
Source: Courant.com
Source: Record Eagle “His liability under the (jury) verdict would have been significantly higher,” Sickels said. Jurors would have had Deckinga on the hook for 40 percent of the total $1.17 million verdict, which they calculated by multiplying Lobaina’s annual income at Marc One Corp. in Gaylord by the number of years he could have worked until age 62, plus $200,000 for “non-economic” damages. Court records show Deckinga performed the gastric bypass surgery on March 31, 2003, to reduce the size of Lobaina’s gastric pouch. Lobaina died a week later of an internal infection. He was 44. An autopsy revealed that Deckinga mistakenly connected the wrong body parts, according to the court file. Lobaina’s esophagus had been patched directly to the intestinal tract. It was supposed to have been connected to the gastric pouch, which in turn connects to the intestine. Deckinga could not be reached for comment and a message left with his attorney Friday was not returned. A check through state records Friday showed no disciplinary action against his medical license. In addition to Deckinga’s liability, jurors assigned 40 percent of the liability to Thomas Wertz, a physician at Grayling Mercy Hospital who was in charge of the emergency room when Lobaina’s family reported to the hospital following the surgery. Sickels argued that Wertz, who made the decision to transfer Lobaina to Northern Michigan Hospital, should have recognized that the man was too sick for an hour-long ambulance ride. Wertz’s attorney could not be reached for comment. The remaining 20 percent of the liability jurors reserved for Lobaina himself. Sickels said he weighed about 300 pounds at the time of operation, his second bypass procedure. “He was not enormously overweight,” Sickels said. “He functioned quite well.”
Source: Toronto Star A search of the website of the College of Physicians and Surgeons of Ontario – the doctors’ self-regulatory body – shows an unblemished record. And The Scarborough Hospital where he has surgical privileges does not make data on doctors available to the public. No Ontario law compels physicians or hospitals to reveal details of a surgeon’s performance, such as the number of operations performed, complaints, malpractice suits, settlements or complication rates. But after searching public records at the Toronto courthouse, the Star discovered 14 women have filed suit against Austin since 1991. Only one of the allegations has been proven in court, and there’s no way of evaluating whether the number of lawsuits is unusual for an obstetrician-gynecologist. The Canadian Medical Protective Association, a publicly funded defence fund that pays patient compensation on behalf of physicians, doesn’t disclose figures on lawsuits by medical specialty. We don’t know whether the cases were more complicated than usual, or whether the conditions in the operating room were less than ideal. The overall number of suits against Austin is considered by experts to be above average. Paul Harte, one of Canada’s leading medical malpractice lawyers, called Austin’s 14 malpractice claims “significantly higher than average.” [more]
Source: Business Wire
Source: Spero News Some of Janet’s tips covers areas such as selecting your own doctor, asking your physician the hard questions, informing your physician or surgeon about your medical history, getting a second opinion, and getting a second lab report.
Source: The Record Wendy Wiggins sued Tina Gingrich, M.D. was sued in 2004, claiming Gingrich negligently failed to obtain a complete history of her condition and family history during a Sept. 17, 2002, office visit. She also claimed Gingrich failed to recognize the severity of her presenting condition, failed to take appropriate follow-up action based upon the examination and failed to advise her of appropriate follow-up care on the presenting condition. Wiggins claimed her breast cancer went undiagnosed until June 2003.She claimed she experienced severe pain and suffering, disfigurement, lost time from work and became disabled. Wiggins also claimed she became liable for large sums of money in medical expenses. She also claimed that had she been diagnosed by Gingrich at the time of her visit in 2002, she would have been covered by a health insurance plan.
Source: WTAE TV
NANUET, N.Y., March 12 /PRNewswire/ — A new school created by the Washington Online Learning Institute prepares registered nurses for careers as Legal Nurse Consultants (LNCs), a profession that provides guidance to lawyers through medical training and legal knowledge. Founded in 1999, WOLI is accredited by the Middle States Association (MSA) of Colleges and Schools Commission on Secondary Schools and is the nation’s longest established, Internet-based school for paralegals. The WOLI Legal Nurse Consulting Certificate Program provides registered nurses with an extensive knowledge of medical claims litigation and medical malpractice issues and is designed to prepare graduates for careers as LNCs. The certificate course, taught by qualified attorney professors, begins every four weeks and takes seven months to complete. Tuition includes a full set of textbooks, 24/7 access to WOLI Interactive Online Classrooms, downloadable audio lectures and access to Westlaw(R). Financial assistance programs are available. According to the U.S. Department of Justice, the primary role of a Legal Nurse Consultant is to evaluate, analyze and render informed opinions on the delivery of health care and resulting outcomes to legal professionals. This is a particularly valuable service to law firms, insurance companies and corporations involved in personal injury and medical malpractice issues, a segment that comprises 25 percent of all legal cases in the United States. The National Nurses in Business Association (NNBA) forecasts a strong demand for LNCs, based on the shortage of registered nurses, the need for an alternative to the high cost of using physicians as legal consultants and the proven effectiveness of nurse consultants in the industry. According to the NNBA, typical earnings for a full-time LNC are about $125,000 a year; hourly rates range from $100 to $250.
Source: Charleston Daily Mail
Source: Birmingham News
Source: NJMG
Source: WVR Rogers appealed the decision to the West Virginia Supreme Court of Appeals. The Justices planned to hear oral arguments March 13 in Morgantown. Rogers represents August Phillips in a suit against Larry’s Drive-In Pharmacy over a prescription for Colchicine, a gout medicine. Phillips claimed in 2003 that a faulty prescription caused him to take a toxic dose of Colchicine, resulting in kidney damage that requires 12 hours of dialysis every day. At first Rogers argued that the 1986 law applied to pharmacies. As the case advanced, however, he dropped that argument and the defense adopted it. Rogers then filed his own affidavit and those of Truman Chafin, Robert Chambers, Michael Shaw and Larry Tucker. Chafin still serves in the West Virginia Senate. Chambers is a United States district judge in Huntington. The five served on a joint conference committee that drafted the final version of the act. Rogers claimed the affidavits showed that committee members intentionally and purposefully omitted pharmacies from the definition of health care provider. “None of the affidavits purport to give an individual’s opinion as to whether he meant for pharmacies to be included when he was voting on, or even when drafting, the final version of the MPLA,” he wrote in a brief for the state Supreme Curt of Appeals. “Rather, each affidavit proves the undisputed fact that the committee weighed including pharmacies and intentionally rejected them. “The Act was to protect medical providers and it was the committee’s final opinion that the class of health care providers did not include pharmacies.” For Larry’s Drive-In Pharmacy, Jay Potter of Charleston urged the Justices to disregard the affidavits. To accept them, Potter wrote, would tell West Virginia citizens that there are two classes of witnesses. “The first, more common, class is made up of people who have information to offer but who are not permitted to offer that information in court unless they have been disclosed as witnesses and subjected to the discovery process,” he wrote. “The second, more elite, class is made up of former legislators who are so highly regarded that they are exempt from disclosure and discovery and are therefore able to offer information to courts whenever and however they desire. And, if they are within the attorney subset of former legislators, they can even act as witnesses on behalf of clients whom they represent as attorneys.” The National Association of Chain Drug Stores, the West Virginia Pharmacists Association and Rite Aid of West Virginia all submitted briefs to the Justices in support of Larry’s Drive-In Pharmacy. For Rite Aid, Webster Arceneaux III of Charleston wrote that the pharmacy’s instructions were exactly the same as those the treating physician issued. He quoted the plaintiff’s claim that the pharmacy failed to “observe and correct the erroneous and incomplete drug order as a member of the plaintiff’s health care team.” “They cannot, on the one hand, sue the Respondent for professional negligence, claiming that its pharmacist should have exercised independent medical judgment and caught the doctor’s alleged mistake and then, on the other hand, claim that a person in a pharmacy is a mere customer and that the pharmacy is nothing more than a vending machine that robotically dispenses medications,” he wrote. For the West Virginia Pharmacists Association, Philip Reale of Charleston wrote that Medicare and Medicaid recognize pharmacists as health care providers. “Pharmacists are uniquely educated and continuously educated as the health care providers that have specialized knowledge on the appropriate use of the increasing number of medications, biologics, and medical devices prescribed as treatment for patients,” Reale said.
Source: AP The complaint was filed by Jennifer Raper, 45, last week in Suffolk Superior Court and still must be screened by a special panel before it can proceed to trial. Raper claimed in the three-page medical malpractice suit that she found out she was pregnant in March 2004 and decided to have an abortion for financial reasons. Dr. Allison Bryant, a physician working for Planned Parenthood at the time, performed the procedure on April 9, 2004, but it “was not done properly, causing the plaintiff to remain pregnant,” according to the complaint. Raper then went to see Dr. Benjamin Eleonu at Boston Medical Center in July 2004, and he failed to detect the pregnancy even though she was 20 weeks pregnant at the time, the lawsuit alleges. It was only when Raper went to the New England Medical Center emergency room for treatment of pelvic pain in late September that year that she found out she was pregnant, the suit said. She gave birth to a daughter on Dec. 7, 2004. She is seeking damages, including child-rearing costs. Raper and her lawyer, Barry C. Reed Jr., refused comment when contacted by The Boston Globe. A spokeswoman for Planned Parenthood said the organization does not comment on pending litigation. Neither doctor responded to requests for comment. Raper alleges in the suit that Planned Parenthood and Bryant were negligent for failing to end her pregnancy and that Eleonu was negligent for failing to see she was still pregnant. The state’s high court ruled in 1990 that parents can sue physicians for child-rearing expenses, but limited those claims to cases in which children require extraordinary expenses because of medical problems, medical malpractice lawyer Andrew C. Meyer Jr. said. Raper’s suit has no mentions of medical problems involving her now 2-year-old daughter. As with all medical malpractice suits in Massachusetts, Raper’s complaint will have to be screened by a tribunal consisting of a Superior Court judge, a lawyer, and a doctor to determine whether it has merit to go to trial.
Source: Charlotte Observer A Raleigh physician and three others filed a lawsuit Wednesday alleging that the N.C. Medical Society exerts too much control over which physicians are appointed to the state board that licenses and disciplines doctors. As a result, the suit alleges, the N.C. Medical Board has repeatedly failed to investigate and discipline dangerous physicians. The suit, filed in Wake County Superior Court, describes several cases of alleged misconduct by doctors, including Dr. Richard Paul Greenberg, the former Shelby neurosurgeon who failed to tell the board, in his license application, that he was blind in one eye and had been sued for malpractice multiple times. The suit alleges the board didn’t investigate Greenberg and others until it got pressure from newspapers and elsewhere. “None of these (plaintiffs) are seeking any monetary compensation,” said Burton Craige, their Raleigh lawyer. “They just want to see a better system.” Craige said the relationship between the medical board and the medical society is “an obvious conflict.” All eight physicians on the 12-person medical board are members of the state medical society. One of the eight is a doctor of osteopathy and was not nominated by the medical society. Under state law, the medical society sends nominations to the governor to fill the doctor vacancies on the medical board. Medical society spokesman Michael Edwards said nominees don’t have to be society members, but he did not know how many nonmembers, if any, have been nominated in recent years. Edwards said the governor makes the appointments, and can reject the society’s nominees. In the last five years, Gov. Mike Easley has rejected one nominee, Edwards said.
Source: St. Petersburg Times |