Medical Malpractice

Man Recovers $9.1 Million in Medical Malpractice Lawsuit

October 26, 2015 | Lebowitz & Mzhen

Earlier this month in Minnesota, a former auto mechanic who filed a medical malpractice action against a treating physician received a jury verdict in his favor, awarding him over $9 million in damages. According to one local news source reporting on the case, the man sued his anesthesiologist after he sustained spinal cord damage and subsequent paralysis after a 2012 surgery.

Evidently, the man went to the doctor with flu-like symptoms. While attempting to determine what the cause of the symptoms was, doctors discovered that the man was dangerously dehydrated. He was treated for the dehydration. It was ultimately determined that the man had suffered from a perforated bowel and would need to undergo surgery to repair the bowel. However, according to the court’s written opinion, the doctors failed to continue treatment for dehydration as he was started on the anesthesia in preparation for the surgery.

As a result of the dehydration, the man’s blood pressure dropped, resulting in his spinal cord receiving inadequate blood flow. The final result was that the man permanently lost the use of his legs. He filed suit against the treating physicians and recently recovered a sizable $9.1 million award.

New Study Looks at Treatment of Gestational Diabetes

July 8, 2015 | Lebowitz & Mzhen

Gestational diabetes is a form of diabetes that affects pregnant women and is a totally separate form of diabetes than the other two types, commonly referred to as Type I or Type II. It is estimated that around 18 percent of women will develop gestational diabetes at some point during their pregnancy, making it one of the more common pregnancy-related conditions experienced by expecting mothers.

In a nutshell, gestational diabetes is the name of the condition where a mother has too much sugar in her bloodstream. This is the result of the body’s failure to produce enough insulin. According to one recent news article, a new study looks at two common ways to treat gestational diabetes, insulin and glyburide.

As noted above, insulin is the hormone that is responsible for breaking down sugars and converting them into energy. A direct dose of insulin has long been one alternative to treating diabetes. However, more recently doctors have been prescribing glyburide to patients with gestational diabetes. The study takes a look at both medications and ultimately concludes that treatment by glyburide may result in a higher risk of required admission into the intensive care unit, a larger chance of the mother developing respiratory stress, and also a greater risk that the mother will be large for gestational age.

Maryland Woman’s Medical Malpractice Claims Dismissed After Missing Statute of Limitations

June 8, 2015 | Lebowitz & Mzhen

Earlier this month, the Court of Appeals of Maryland decided a case that may leave a lasting impression on the State’s medical malpractice law. In the case, Wilcox.v. Orellano, the plaintiff was a woman who was referred to the defendant surgeon for treatment of what she was told was likely to be breast cancer.

The defendant surgeon performed a surgery on the plaintiff’s breast. After the surgery, the plaintiff noticed that her breast was swollen and tender. She visited her oncologist who, after seeing the condition of her breast, thought it better not to perform the radiation and prescribed the woman antibiotics in hopes that the infection would subside. She took the antibiotics for some time and then, a few months later, called the defendant surgeon twice about her condition that was not improving. Each time the defendant did not suggest any course of treatment, merely telling her to continue taking the antibiotics.

A few months later, the plaintiff moved to North Carolina and began visiting a new oncologist, who, after performing a series of tests, confirmed that she had the MRSA virus. For the next six months, the woman fought the infection, which required she make daily visits to health care facilities. She ultimately ended up going into surgery to have the affected tissues removed.

State Supreme Court Wrestles with Tricky Statute of Limitations Issue

June 1, 2015 | Lebowitz & Mzhen

Earlier this month, the Rhode Island Supreme Court decided an interesting case that may factor into how other states handle loss-of-consortium claims brought by parents against the medical professional they claim was responsible for their child’s preventable birth injury. In the case, Ho-Rath v. Rhode Island Hospital, the plaintiffs were the parents of a child born with a debilitating genetic birth defect.

The plaintiffs claimed that the defendants (several doctors and other medical professionals at the hospital where the mother was treated) were negligent in their treatment. Specifically, the plaintiffs claimed that it was negligent for them not to test the child, prior to her birth, for the genetic disorder that was known to be a possibility, given the family’s history with the disease. The case was brought when their child was 12 years old.

The parents sought compensation on behalf of their minor daughter, but also in their own capacity, seeking compensation for their loss of consortium. A loss of consortium claim seeks compensation for the loss in the enjoyment of another’s company, in this case, the couple’s child.

Mother of Child Born with Cerebral Palsy Claims Doctor Was Negligent

May 11, 2015 | Lebowitz & Mzhen

Earlier last month in Ireland, a mother filed claims against the doctor who delivered her third child, claiming that the doctor’s “poor performance” caused her child to be born with the incurable disease cerebral palsy. According to one local news source, the woman was admitted to the hospital for the birth of her third child on June 15, 2015.

That day, during the birth, the mother’s uterus ruptured, and the infant’s heart rate reached dangerously low levels. This necessitated an emergency cesarean section. However, during the delivery process, the child was distressed from the lack of oxygen it was receiving and needed to be put on anti-seizure medicine. This, however, was not told to the mother.

It wasn’t until later when the mother’s sister, who was also a nurse at the hospital, asked about the course of treatment that it was discovered the doctor did not order hypothermic, or “cooling,” treatment for the baby. This alarmed the baby’s aunt, who was aware that there is research suggesting that cooling therapy goes a long way to help prevent permanent and irreversible damage in children who are deprived of oxygen at birth.

Change of Venue Ordered in Medical Malpractice Case; Impartial Jury Concerns Cited

December 1, 2014 | Lebowitz & Mzhen

Earlier this year, we posted about a Maryland physician who was accused of molesting one of his patients. In a recent development in that case, the presiding judge determined that the case should be moved out of Allegany County—where it was originally filed—and moved to another forum in order to preserve the defendant doctor’s right to an impartial jury.

As it turns out, the defendant doctor is not only facing serious charges that may carry with them inherent bias, but he also has a previous conviction for a gun-point rape from Florida. Notwithstanding this conviction, he was somehow able to obtain a medical license in Maryland.

The judge cited the nature of the charges, the publicity of the case in Allegany County, and the publicity of the defendant doctor’s past criminal record as reasons to move the case outside the county. It is not yet clear which county will hear the case.

Court Rejects “Tipping Point” Theory in Medical Malpractice Case

November 3, 2014 | Lebowitz & Mzhen

In a case out of the Alabama Supreme Court, released earlier this month, the court determined that a doctor who administered the drug Demerol to a patient who soon after died was not medically negligent, even though the patient had listed it as one of the drugs she was allergic to.

In the case of Kraselsky v. Calderwood, the Supreme Court of Alabama had to determine whether a doctor was liable for the death of a patient who had told the doctor she was “allergic” to Demerol. Evidently, the patient had told the doctor that she was allergic to over 20 drugs, including Motrin, Codeine, Vicodin, and more.

However, at some point during the physician’s treatment of the woman, he had prescribed her medication that shared ingredients with some of the drugs she claimed she was allergic to. This led the doctor to wonder if there was a true allergic reaction. After confronting the woman about whether she was allergic to Demerol, the woman admitted that it gave her headaches. The doctor then determined that this was more of a side effect and not a true allergy.

Doctor Allegedly Sexually Assaults Second Patient

September 2, 2014 | Lebowitz & Mzhen

Earlier this year, a Maryland physician had his license suspended when reports surfaced that he had sexually assaulted a female patient. Last month, another report was made that the doctor assaulted another patient in a similar manner. According to a recent article by one local news source, the second patient is seeking damages in excess of $1.5 million and has named both the doctor and his employer, the MedExpress Clinic.

Evidently, the doctor had been convicted of raping a woman at gunpoint in Florida several years ago. However, since he did not disclose the nature of the crime to the licensing board and only disclosed that he had been convicted of “assault” while under the influence, he was still permitted to be licensed as a physician.

The patient, who is suing the doctor and the clinic that employed him, claims that the hospital should have conducted a further background check into the doctor’s past before putting him in a position where he will be alone with female patients.

Baltimore Sun Report Shows Patient Care Lacking and Events Often Unreported

August 6, 2014 | Lebowitz & Mzhen

In a recent article by the Baltimore Sun, the paper considers the growing problem of patient safety in hospitals and nursing homes across the State of Maryland. One of the biggest problems with the current system, the author argues, is that it does not require hospitals to disclose errors they make unless those errors result in a lawsuit or if regulators happen to catch the hospital covering up the mistake.

This sort of self-regulation, of course, is not in the interest of prospective patients, who need as much information as possible before making a decision about which hospital to go to for surgery.

The article also points out some startling statistics, including:

Medical errors kill over 400,000 Americans each year;
Approximately 4,000 Marylanders who are admitted to the hospital each year develop bedsores that progress to an advanced state;
The Maryland Health Care Commission identified over 400 cases of blood-stream infection in 2012 alone;
According to one government study, hospitals fail to report up to 85% of their mistakes each year;
One-fifth of doctors admit to having not disclosed an error to a patient for fear of a lawsuit;
In 2013, there were 223 reported “adverse events” (medical mistakes) in Maryland hospitals.

Hopkins’ Gynecologist Videotaped Patient Exams, Resulting in $190 Million Class-Action Settlement

July 23, 2014 | Lebowitz & Mzhen

In a truly disturbing case out of John Hopkins, a gynecologist was found to have videotaped the last 25 years of patient gynecological exams. According to a recent article by Bustle.com, roughly 9,000 former patients joined a class action lawsuit, suing the doctor for malpractice. Evidently, that lawsuit has just recently been settled for a total of $190 million. The settlement is the largest of its kind.

Evidently, a search of the doctor’s home in Towson revealed an elaborate system set up to store the 25 years’ worth of images. It is estimated that there were over 1,200 photographs and video clips discovered in the doctor’s home. However, there is no indication that any of the evidence found was for anything but personal use, meaning that it is not believed that they have been uploaded to the internet.

After the charges were filed, the doctor was found dead in his basement. Investigators believe that he took his own life after the evidence against him came to light.