Medical Malpractice

Washington DC Man Dies After Paramedics Diagnose Acid Reflux

December 8, 2008 | Lebowitz & Mzhen

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens’s condition and if this contributed to his death.

Givens’s mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis

If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008
Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Teen’s Mother Sues DC Government and Maryland Hospital for Wrongful Death

November 26, 2008 | Lebowitz & Mzhen

In US District Court, the mother of Karl Grimes, the 18-year-old who died from injuries he sustained during a fight with two youths while staying at the Oak Hill Youth Center in 2005, is suing the DC government and Prince George’s Hospital Center in Maryland for wrongful death. Patricia Grimes is seeking $5 million from the hospital for alleged negligent care and $15 million from the DC government for its failure to properly staff and supervise the detention facility.

According to Patricia’s wrongful death lawsuit, Karl was sent to Oak Hill in August 2005 because of a probation violation. He was beaten and knocked unconscious by a number of Oak Hill residents on November 23. The lawsuit contends that city officials knew that the detention center lacked the adequate staffing to properly supervise residents and make sure they were safe. Patricia also claims there was a “significant delay” in getting her son the care that he needed and that he would be alive today if city workers had done their jobs correctly.

After the assault incident, Karl was treated by on-site medical workers before he was taken to Prince George’s Hospital Center. He appeared to be recovering until two days later, when his condition deteriorated. On November 26, Grimes was declared brain dead.

Maryland Family Awarded $5.8 Million for Dermatology Malpractice Leading to Man’s Skin Cancer Death

November 19, 2008 | Lebowitz & Mzhen

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Maryland Parents Sue Peninsula Medical Center and Salisbury OB/GYN for Wrongful Death After Baby Dies in Womb

September 15, 2008 | Lebowitz & Mzhen

The parents of a baby that died in her mother’s womb are suing the Peninsula Regional Medical Center and Salisbury obstetrician and gynecologist Dr. John M. Woods for physician negligence resulting in wrongful death. In the lawsuit, filed on behalf of Jennifer Sheller and her companion John Bealefeld last February, Sheller, who sought medical help at the PRMC’s emergency department after experiencing vaginal bleeding and severe pain, was discharged by Woods without an examination.

By the time she returned to the hospital following increased pain and bleeding several hours later, Sheller’s unborn baby Kirra Faith was dead in the womb. Sheller was later diagnosed with a placental abruption—a condition that could potentially cause a fetus’s death.

If Kirra Faith hadn’t died, she would have been delivered by cesarean section 13 days later on March 5. Her parents, Sheller and Bealefeld, are seeking financial compensation from PRMC and Woods for over $30,000.

This is not the first medical malpractice case filed against Woods this year. In April, Woods and Dr. Michele Urban, a former partner, were found liable for the permanent injuries suffered by a Bridgeville woman because her bladder was accidentally stitched in 2004. The medical mistake killed organ tissue and she now suffers from permanent urine leakage.

OBGYN Malpractice Mistakes May Include:

• Birthing Injuries
• Surgical mistakes
• Failure to diagnose placental abruption, ovarian cancer, and other serious conditions
• Failure to evaluate mammogram tests
• Failure to conduct pap smears and properly analyze results
• Performing a pap smear incorrectly
• Failure to test for birth defects
Parents sue doctor after baby died in the womb, DelMarVaNow.com, August 26, 2008
Related Web Resources:

Peninsula Regional Medical Center

Placental Abruption

Maryland Woman Reaches Medical Malpractice Settlement with Baltimore Hospital and Doctor

July 31, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court, Donna Jankowski reached a confidential medical malpractice settlement with Franklin Square Hospital Center and Dr. Diaa Mikhail. The settlement was reached on July 18 on the 5th day of their medical malpractice lawsuit trial.

Jankowiak had sued the Baltimore hospital and Mikhail for medical malpractice, alleging that they failed to diagnose her heart condition. The Dundalk woman went to Mikhail in November 24 because she was experiencing pain going from her arm to her chest.

In her medical malpractice lawsuit, filed last year, Jankowiak says that Mikhail conducted an EKG and said the results normal. Jankowiak then sought help at the Franklin Square emergency room where she had another electrocardiogram. These EKG results also were reportedly normal, according to the hospital.

Maryland Patients Sue Salisbury Cardiologist For Medical Malpractice

July 25, 2008 | Lebowitz & Mzhen

In Maryland, Salisbury Cardiologist Dr. John McLean is being sued for medical malpractice. The 2-count lawsuit, filed by patients and their families, accuses McLean of performing stent placement and cardiac catheterization without proper cause. Also named as defendants in the lawsuit are Peninsula Regional Medical Center, Peninsula Regional Health System Inc., and McLean’s practice, John R. McLean, MD & Associates.

The 24 plaintiffs include 13 patients throughout the Delmarva Peninsula, as well as the spouses or representatives of decedents’ estates. They are alleging negligence and seeking damages above the $30,000 jurisdictional limit for each count plus all legal costs. The personal injury attorneys for the plaintiffs say that McLean “dramatically overstated findings” from tests and persuaded his patients to undergo surgeries they did not require. They also say that there were less expensive procedures that could have been used. The lawsuit also accuses the technicians and nurses that assisted McLean during the surgeries of knowing about the malpractice but failing to report or stop the wrongdoing.

Last year, Peninsula Regional Medical Center, where McLean conducted the procedures, accused McLean of performing 25 unnecessary heart stent procedures. Some claimaints even underwent the procedure more than once.

Ed McMahon Sues Hospital, Doctors, and Investment Tycoon for Personal Injury

July 22, 2008 | Lebowitz & Mzhen

Television host Ed McMahon is suing Cedars-Sinai Medical Center, two doctors, and an investment tycoon for personal injury. He says that the neck injury he suffered from a fall accident makes it impossible for him to work and is the cause of his financial problems.

McMahon says he fell down a ramp-like staircase during a dinner party at the home of Robert Day, an investment tycoon, and that the stairwell was “unsafe” because it didn’t have handrails or proper lighting. Day is one of the defendants in the lawsuit.

McMahon is also suing Cedar-Sinai Medical Center and two of its doctors for discharging him with a broken neck following the fall accident and failing to properly perform two surgeries. McMahon says that it was his cardiologist who later diagnosed the neck injury.

The 85-year-old former TV host says that he cannot work because of his injuries and is now $644,000 behind on mortgage payments. He has already undergone three surgeries to repair his neck injury.

A spokesperson for McMahon says the personal lawsuit comes following failed negotiations with the defendants. McMahon is seeking compensation for battery, negligence, elder abuse, and emotional distress.

Medical Malpractice

Doctors and hospitals are supposed to provide patients with a certain level of care. When failure to provide that care leads to injury or the exacerbation of an existing injury or illness, the health care provider can be held liable for medical malpractice.

Premises Liability

Slip/trip, and fall accidents can occur when there is an unsafe condition on a property that leads to injury accidents. Property owners must make sure that there are no hazards on a premise that can cause someone to slip and fall or trip and fall. Slip/trip and fall accidents can lead to painful injuries.

In Maryland and Washington DC, contact our personal injury lawyers to discuss your case.

Ed McMahon Files Lawsuit Over Neck Injury, CNN.com, July 19, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Ed McMahon Explains his Mortgage Mess, CNN.com, June 6, 2008

Planned Parenthood In Washington DC Sued For $50 Million By Mother Of Teenager That Had Botched Abortion

May 30, 2008 | Lebowitz & Mzhen

The mother of a teenaged girl is suing a Planned Parenthood in Washington DC for $50 million over a failed abortion. Shantese Butler, was just 13-years-old when her mother Emma Jean Butler took her to Planned Parenthood Metropolitan in September 2005 to have an abortion.

Shantese had gotten pregnant after being raped. The abortion left her with serious physical injuries, including a vaginal injury, abdominal bleeding, a cervical injury, uterine perforation, and a bowel tear. An exam the day after the procedure showed that parts of the fetus had been left inside her. Because of her injuries, Shantese can never have children.

Students for Life of America Director Kristan Hawkins say that Planned Parenthood denies responsibility for Shantese’s infertility and abortion-related injuries. Planned Parenthood says that Emma Jean’s claims are barred by assumption of risk and informed consent doctrines.

If you or someone you love was injured during a medical procedure, you should contact our Washington medical malpractice law firm today. We can determine whether a doctor, surgeon, hospital, nurse, or another medical provider was negligent or careless. You may have grounds to file a medical malpractice claim against all negligent parties.

Just this month, a Nebraska Planned Parenthood settled a personal injury lawsuit filed by a woman who also suffered injuries from a failed abortion. The woman nearly died when she experienced severe blood loss and a perforated uterus from the procedure. She has described the abortion as excruciatingly painful and three Planned Parenthood workers held her down while the Dr. completed the procedure. She had to be rushed to the emergency room after the abortion and a hysterectomy was performed.

Planned Parenthood Sued for $50 Million for Injuring Teen in Failed Abortion, Lifenews.com, May 28, 2008
Planned Parenthood in Nebraska Settles Near-Death Botched Abortion Lawsuit, Lifenews.com, May 27, 2008
BUTLER et al v. PLANNED PARENTHOOD METROPOLITAN WASHINGTON, D.C., INC., Justia.com

Related Web Resources:

Planned Parenthood

Poor Hospital Standards Across The United States Endanger Lives

May 7, 2008 | Lebowitz & Mzhen

Congressional researches say that the federal government should be doing more to protect patients from contracting infections at hospitals. According to the Government Accountability Office, the federal government needs to establish proper standards for hospitals to reduce infections.

In Baltimore, Maryland, one man is suing Northwest and Sinai hospitals for wrongful death. Michael Bennett says that his 88-year-old father died because he was infected by six different bacteria while undergoing treatment for a respiratory virus in 2004. The infection reportedly contaminated his blood, heart, and lungs before destroying his leg and his kidneys. He died soon after. Maryland is one of over 20 US states that have measures requiring that hospitals in the state reveal their infection rates.

Consumers Union, an interest group, says that approximately 90,000 people die each year at US hospitals after contracting an infection, with 1.9 million others becoming sick from infection. The fatalities have cost the country about $5 million more in health care spending.

Many infections are contracted through ventilators, intravenous tubes, and catheters that can lead to staph infections, urinary tract infections, or other infections.

Federal officials, however, say that hospitals are cited for improper practices that lead to patient infections.

It is the responsibility of hospitals in the United States to ensure that patients receive a certain level of medical care. Part of that standard requires a certain degree of cleanliness and sanitation at the medical facility. Patients are not supposed to suffer because a hospital has not taken the proper steps to ensure that they’ve reduced the risks of infection.

In Maryland and Washington D.C., our medical malpractice attorneys represent injury victims and families that have suffered because of hospital negligence or carelessness.

Report calls for better hospital standards, Baltimore Sun, April 17, 2008

Hospital Infection

Related Web Resources:

Infection Control in Healthcare Settings, CDC.gov

US Government Accountability Office

Hospital Settles Medication Error Medical Malpractice Lawsuit For $5.1 Million

April 30, 2008 | Lebowitz & Mzhen

In California, San Francisco General Hospital has agreed to pay $5.1 million to settle a medical malpractice lawsuit filed by a patient who was seriously injured after hospital staff gave him the wrong medication. San Francisco supervisors approved the settlement amount on Tuesday.

According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.

The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.

Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.

Wrong Diagnosis

Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.

In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.

$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008
City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008

Related Web Resources:

San Francisco General Hospital

Brain Anoxia or Hypoxia, Healthlink.mcw.edu