Tampa Bay Personal Injury Lawyer - Malpractice

What the heck is going on in VA Hospitals?

C. Todd Alley — Mon, 06 Jul 2009 23:31:13 GMT

Two shocking news reports highlight the growing concern about VA hospital negligence and the quality of care provided to our soldiers stateside.

In the first article, reports from the New York Times and the Philadelphia Inquirer last month indicated that during a six-year period at the Veterans Affairs Medical Center in Philadelphia, approximately 92 of 116 Veterans were given incorrect radiation doses in a common surgical procedure to treat prostate cancer called brachytherapy. During this procedure, radioactive seeds are implanted surgically to kill cancer cells in the prostate. The procedure is considered relatively simple, yet investigators found that most veterans got significantly less than the prescribed dose while others received excessive radiation to nearby tissue and organs. Dale Warman of the Philadelphia VA Medical Center stated that all of the patients affected were notified and received follow up care rectifying the mistakes. Four of those patients have since died, although Mr. Warman indicated to reporters that none of the deaths were related to the botched procedures.

In an even more startling report, last month a congressional panel questioned officials at the Department of Veterans Affairs after 10,000 veterans were exposed to HIV and other infectious diseases from contaminated colonoscopy equipment at three Southeast VA hospitals (Miami, FL, Murfreesboro, Tenn., and Augusta, Ga). Some former VA patients had colonoscopies performed as long ago as 2003. Patients are at risk because according to reports, the equipment used may have been improperly operated or cleaned. As of mid-June, the VA’s Inspector General reported that six veterans taking the follow-up blood checks tested positive for HIV, 34 tested positive for hepatitis C and 13 tested positive for hepatitis B. All but 724 affected patients have been notified of test results.

Questions have been raised whether the problem is isolated to only a few VA hospitals, or if it is more widespread. The patients at the VA are current and former soldiers who have protected and served our country. The men and women of the armed forces deserve the highest quality healthcare in America. But unfortunately, these appalling reports shed light on growing concern that they receiving substandard care.

Originally posted at InjuryBoard by C. Todd Alley

Suspicious Bonus System Leads to Injury

Jim Clark — Mon, 01 Jun 2009 16:11:27 GMT

Fox 13 Tampa Bay recently investigated a suspicious alleged bonus system in place at Brooksville Regional Hospital. According to the allegations, 47 year-old Dave Roberts arrived at the ER after injuring his back and was in obvious pain, was unable to walk, and had lost control of his bladder. The ER doctor chose only to administer two shots (presumably for pain) and ordered an X-ray. Roberts was then sent home. Three days later (the next business day), Mr. Roberts went to a specialist who immediately recognized the severity of the spinal injury and emergency surgery was performed. Unfortunately, Mr. Roberts suffered severe, permanent injury, which according to the lawsuit, was a direct result of Brooksville Regional’s hurry to get Roberts out the door.

It has been uncovered that Brooksville Regional gave a financial incentive to ER physicians for moving patients quickly through the ER. Allegations suggest that ER doctors were offered a quarterly bonus if the average length of stay for a patient in the ER was less than two hours. The hospital is likely using these incentives to decrease the waiting times of patients in the ER (a desire fueled in part because ER wait time is a hot advertising trend) – which by itself is a good intention. Unfortunately some hospitals, such as Brooksville Regional, appear to have decided to rush ER visits instead of adequately staffing their emergency room department.

This bonus system clearly causes a conflict of interest between the doctor’s professional duty of care and the Hospital’s interest in profit and reputation. Bonuses are common in the industry, but a bonus which directly contradicts the ability for a healthcare professional to provide adequate care is unacceptable. And for patients like Dave Roberts, it can ruin lives.

Originally posted at InjuryBoard by Jim Clark

West Boca Family Sues for Medical Malpractice

Shannon Weidemann — Mon, 22 Oct 2007 23:22:42 GMT

A woman died after undergoing a c-section and her family sued the hospital and doctor they felt was responsible for her death. The jury found in favor of the doctor in the medical malpractice case. The family had been asking for $10 Million in damages.

Susan Special, 38, died in June 2003 after a Caesarean section. Moments after Nicholas was born, she suffered a seizure, went into cardiac arrest and lost consciousness. Baux, who administered her spinal epidural, was accused of improperly monitoring Susan Special's vital signs and not properly responding to her deteriorating condition.

The jury took about 4 hours to reach their decision. Both sides brought in expert witnesses. The defendant's attorney argued that the woman died from an amniotic fluid embolism.

If you would like to learn more about medical malpractice, please visit InjuryBoard's Medical Malpractice information page.

Originally posted at InjuryBoard by Shannon Weidemann

Case Against Carnival Cruise Refused by Supreme Court

Chrissie Cole — Tue, 02 Oct 2007 01:16:54 GMT

A case to determine whether Carnival Corp. can be held responsible for the medical malpractice of its onboard physicians was refused by the U.S. Supreme Court.

The case was based on a federal maritime precedent that says, "cruise lines are not liable for the actions of their doctors."

The case involved a 14-year-old Michigan girl, who boarded the Carnival Ecstasy in March 1997 suffering from abdominal and back pain, diarrhea and vomiting. The ship's onboard physician, an independent contractor, misdiagnosed her illness as influenza.

She was later diagnosed with a ruptured appendix and an abdominal infection that left her sterile, a suit filed in Miami-Dade Court said.

The suit was initially dismissed by trial court. The 3rd District Court of Appeals in Miami reinstated it in 2003, after finding the doctor was Carnivals agent and therefore they could be held responsible for his actions.

In February, the Florida Supreme Court disagreed and ruled in favor of Carnival, saying Florida courts "must adhere to federal principles of harmony and uniformity when applying to U.S. maritime law.

Originally posted at InjuryBoard by Chrissie Cole

Study Finds 15% of Docs Implanting Defibrillators Had No Formal Training

Staff Writer — Wed, 12 Sep 2007 11:55:10 GMT

A 2006 registry of Medicare patients has found that 15% of doctors implanting defibrillators have had no formal training in the procedure. The implantable cardioverter defibrillator (or ICD) is the small device implanted beneath the patient's collarbone and connected to the heart through insulated wires. The device is designed to provide an electric shock to the heart if its rhythm is abnormal.

Since the study was undertaken Medicare patients only, the number of untrained doctors implanting defibrillators could be higher than 15%. If you or a loved one need a defibrillator, make sure you inquire as to the doctor's credentials, training, and experience. Your life may depend on it.

Originally posted at InjuryBoard by Staff Writer

Illinois Man Wins $1.6M in Medical Malpractice Case

Shannon Weidemann — Tue, 28 Aug 2007 22:30:58 GMT

A doctor failed to diagnose a man with bladder cancer so the man filed a medical malpractice case against the doctor. A jury found the doctor responsible and awarded the man $1.6 Million.

Between June and November 2003, Kordek saw Dr. Marwaha for issues with frequent urination and other symptoms. Kordek's kidneys became obstructed by a mass in his bladder, which eventually caused a drop in his kidneys' ability to remove waste from the bloodstream - a condition called renal failure.
Kordek was diagnosed in November 2003 with stage-four bladder cancer and renal failure by another doctor at Rochelle Community Hospital. Treatment options were limited, given Kordek's advanced condition, according to a release from Martin Nolan, Kordek's attorney.

Testimony given during the trial stated that the man only has a slim chance of living to the age of 50. The award was the second highest on record in the county for medical malpractice.

For more information on this subject matter please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Shannon Weidemann

Health Clinics in Retail Stores are Quick but Are They Safe?

Staff Writer — Mon, 27 Aug 2007 11:05:57 GMT

In recent years, drug stores and retail stores such as WalMart have introduced health clinics in their stores where shoppers can come in and be treated for various ailments they would have normally waited for days or weeks to see their primary care doctors. While the patients are seen more quickly, health officials have called into question their standard of care, hygiene, and their lack of regulation by state and federal health agencies.

Originally posted at InjuryBoard by Staff Writer

Lawyers' Fee in Medical Malpractice Case at Issue

Chrissie Cole — Fri, 03 Aug 2007 00:24:50 GMT

Next month, a Broward judge will decide whether or not to award lawyers a larger percentage of an $8.5 million jury award that Florida lawmakers approved for a paralyzed medical malpractice victim.

Two separate trial courts were held last week - one in Fort Lauderdale and one in Tallahassee - to settle a dispute about the claims bill passed earlier in the year for a nineteen-year-old and her parents.

The bill compensates them for a botched surgery performed when she was six months old, at a state clinic that left her paralyzed from the waist down.

At issue in the hearing last week was who should have jurisdiction over the dispute. The judge, who handled the original case, will preside over the fee-settlement matter and set a new hearing date for August 9th.

After a long legal battle, in 1999, a Broward jury awarded her $6.5 million and her parents $2 million in damages.

However, Florida law limits settlements against the state to $200,000 without legislative approval. Earlier this year, after seven years of petitioning the Legislature, lawmakers finally approved the claims bill, paving the way for the Noels to be compensated.
But Schlesinger, who took a $1.2 million fee from Minouche's share, claimed he was also entitled to an additional $676,622 fee from her parents.
The state is fighting the request. Florida's Chief Financial Officer, Alex Sink, has vowed to block additional payment and filed a complaint in Leon and Broward County. House Speaker Marco Rubio and Senate President Ken Pruitt also want to stop the payment.

Originally posted at InjuryBoard by Chrissie Cole

California Hospital Loses Medical Malpractice Case

Shannon Weidemann — Sun, 08 Jul 2007 15:55:00 GMT

A man was awarded $150,000 for pain and suffering he incurred after having an emergency appendectomy at County Harbor-UCLA Medical Center. He was sent home from his first surgery complaining of excessive pain. Testing on a return to the hospital showed that he had a small bowel obstruction that required more surgery. The medical malpractice case was heard by an appeals court last week.

Last week, an appellate court agreed with a Compton Superior Court jury, which found that the hospital was negligent when it released Bell and that it waited too long to treat him when he came back with possibly life-threatening complications.
The 2nd District Court of Appeal upheld the jury's $150,000 award for pain and suffering to Bell, who was 28 in August 2003, when he was a patient at Harbor-UCLA. California law caps medical malpractice awards for pain and suffering at $250,000.

The hospital has no comment on the case. The hospital has lost several medical malpractice cases in the past.

Originally posted at InjuryBoard by Shannon Weidemann

Doctor Shortage is a Myth

Staff Writer — Wed, 06 Jun 2007 12:41:39 GMT

A trial attorney recently published an article in the Arizona Republic calling the alleged doctor shortage a myth and backing his claims up with some interesting facts. Here is an exerpt. It's an interesting read.

This deception is not an accident. It is part of a coordinated effort by industry giants to mislead and deceive the public. In 2003, what then was called the General Accounting Office was asked by Congress to look into the problem of rising medical malpractice premiums because of mounting pressure from the AMA.
The agency, now the Government Accountability Office, was told many stories by the AMA, as well as state and local medical associations, that doctors were "fleeing the state" because of the malpractice "crisis." The GAO found these allegations either involved relatively few physicians, or in some cases were downright inaccurate. The GAO even noted, "Reports of physician departures in Florida were anecdotal, not extensive, and in some cases we determined them to be inaccurate.
"For example, state medical society officials told us that Collier and Lee counties lost all of their neurosurgeons due to malpractice concerns; however, we found at least five neurosurgeons currently practicing in each county as of April 2003." This GAO report goes on to note similar misinformation relating to Mississippi, Nevada and Pennsylvania.

There are two sides battling it out on this issue but some interesting facts nonetheless.

Originally posted at InjuryBoard by Staff Writer