Medical Malpractice
Fractured Femur Leads to Medical Malpractice Suit
Some days it doesn’t just rain, it pours. This medical malpractice case is a prime example of what can go wrong when you least expect it.
This reported case is one of those instances where you have to wonder if the defendant involved really knew what he was doing. Certainly accidents do happen, but when the defendant is an occupational therapist, the last thing you would expect to happen when you are at your appointment is for the therapist to fracture your femur. That is what happened to the 68-year-old man in this case. What further complicates this story is that the man is a paraplegic.
As a result of the fracture, the man needed surgery to repair it, and was then faced with the choice of also needing to have a colostomy, because he couldn’t do transfers from his wheelchair due to his broken leg. This is not a great choice to be faced with when what little independence you had was shattered thanks to the negligence of an occupational therapist. His quality of life went downhill and he tried to cope as good as possible as his medical costs skyrocketed.
The jury at the man’s trial agreed with the plaintiff that his damages were shockingly awful as the result of the therapist’s negligence and awarded him $1.05 million. The fact that the man would need full-time care from the point of his accident onward was certainly a consideration when the jury was deliberating. The defendant made no attempt to settle prior to trial. Was the amount of the jury award fair – most definitely.
Medical malpractice does not just involve a doctor. It can happen at any time, and to anyone if they are dealing with a medical professional who does not perform to the standards of the medical profession. Medical professionals need to be held accountable for their actions. If you have been in a similar situation, make your first call to a skilled Arkansas injury lawyer and find out what is involved in filing a medical malpractice case. Not all instances with a bad outcome by a medical professional are considered to be negligence. An Arkansas injury lawyer can outline what constitutes negligence and help you make an informed decision about moving forward with any potential lawsuit.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Med Mal Looks Different from the Point of View of a Victim
Medical malpractice takes on a life of its own when a questionable doctor’s treatment history is revealed. Most patients do not know the real secrets hiding in a doctor’s track record.
“There are many ways to regard medical malpractice, and typically, a victim will look at it differently than someone who has had no problems with a practitioner. The thing is, many people are not aware of their doctor’s track record, unless something bad happens. For instance, take the case of a St. Louis neurosurgeon, who had been sued for malpractice nine times. If his patients had any inkling of that, they’d probably have switched doctors,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
Or, consider the case of a Duluth doctor who had so many lawsuits about to be filed against him, that it turned into a class action lawsuit representing 21 female victims. The reason for the suit? The doctor was inappropriately touching women during examinations.
“There are countless other cases that we have heard and read about. The disturbing thing is that many victims don’t understand that being sued for malpractice or settling a med mal case doesn’t mean the physician is guilty or they are admitting they did wrong. In the eyes of a court of law, a settled med mal case is ruled as dismissed,” Smith said.
And what do hospitals say in response to questions about a member of their staff being sued so many times it becomes shockingly clear there is something wrong? “Many hospitals will take a defensive stance and offer the observation that the doctor’s legal problems are no worse than other doctors practicing in the same area. While that may or may not be the case, you have to surmise that is a large number of people are filing a lawsuit and competent medical malpractice lawyers are representing the clients, something’s up,” Smith said.
Med mal lawyers just do not take any old case to court. They go, knowing they have a solid reason to be there, and can likely prove negligence. If the state where the alleged act took place has med mal damages caps in place, they go knowing their client will not get what they deserve, but they go because the issue is important and the case needs to be heard.
“Tort reform is not what it is cracked up to be. It would be a good idea to check that out before assuming that all med mal cases are frivolous and only launched due to a jackpot mentality. That is not the truth,” Smith said.
Learn more by visiting http://www.Arkansasdawhelp.com
Deceased Doctor Pedophile Sued for Medical Malpractice
This is one of the most bizarre cases on record. A deceased doctor’s estate sued for medical malpractice.
Just when you think you might have heard just about everything, and nothing would surprise you, along comes a truly strange tale; a tale from the grave. This is a reported story about a doctor who, during the course of what he referred to as “growth studies,” took thousands of pictures of naked kids as he was masturbating them. It’s a story about a hospital that let the man run amuck without supervision. It’s a story about innocent children who were victims of a warped mind.
The malpractice suit stated that the hospital failed the children, thanks to negligent supervision, and also breached their special duty of care to them. The defense argued it was not their job to supervise the unknown, kinky behavior of the doctor in charge of a project and their main concern would have been to supervise research protocols. The plaintiff is asking the court for between $5 and $8 million. There was not just one plaintiff involved in this horrendous case; there were an estimated total of 94 plaintiffs, seeking justice.
The shocking revelations that the deceased Dr. Reardon had engaged in sexual abuse came to light as the result of a strange twist of fate. The new owner of the doctor’s house was remodeling, when he broke open a wall where a cache of over 50,000 pictures were nestled – slides of naked girls and boys, with some of them posed in sexually provocative positions.
Evidence at trial showed that the hospital did not take any measures to check Reardon’s “growth study” between the mid-60’s and 80’s, when the first of many complaints were made to the state medical board. Dr. Reardon died in 1998, with no one the wiser about his unethical activities, until the pictures were found in 2007. He was never sued civilly.
The deceased doctor had children come into the hospital on a regular basis and measured their genitalia with calipers, roughly every six months. Although no one was quite sure why a doctor with zero for experience in the area of pediatric medicine was conducting this study, no one asked any questions.
In the meantime, Reardon, the chief of endocrinology, was masturbating children on a regular basis. Counsel for the plaintiff suggested that if the hospital had bothered to supervise the study, Reardon would have been caught and the pain and humiliation his victims suffered would have been put to a stop. All it would have taken was a systematic review of what the doctor was doing in his office on the fourth floor of the hospital. After all, the hospital bought enough film for 38,000 pictures. Wasn’t anyone wondering where those pictures were and what they entailed? Evidently not.
Medical malpractice? Yes, in a different form than what we typically think of malpractice as being, but malpractice nonetheless. Not everyone will be involved in a case like this, but obviously, the truth is stranger than fiction. This is one of the reasons why, if you suspect you have been the victim of some form of medical malpractice at the hands of a medical professional, don’t wait at home, second guessing whether you have a case or not. Pick up the phone and call a seasoned medical malpractice lawyer and find out if you “do” have a case and cause worth pursuing in the courts.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Wrongful Death May Follow When Things Go Bad Medically
When you go to hospital, you tend to expect you will come out well, and alive. This did not happen in this shocking case.
It has been reported that there will likely be more than one wrongful death lawsuit filed by grieving families in this case that shocked the nation. Nineteen people, high-risk patients, were on IV lines, being fed bagged total parenteral nutrition – bags that were subsequently discovered to be contaminated with a deadly bacteria. This is something that could happen in any state, city, town or community, which is what makes it so frightening.
The pharmaceutical supplier who provided the parenteral nutrition bags was named in the two lawsuits filed to date, with more expected. The families of the victims, who went to hospital, sure that they would be home when they were better, filed the lawsuits to make a point about the supplier taking responsibility for the contaminated IV bags. The irony of this situation is that those who relied on the life sustaining fluid, paid with their lives when they were infected with serratia marcescens bacteremia.
In total, nine people died and another 10 had to be kept in hospital while they battled this new opportunistic disease that hitchhiked into their blood streams from the contaminated IV bags. Total parenteral nutrition is typically used for patients who are unable to or should not eat food. This particular bug is noted for causing infection in the urinary tract, in wounds, they eyes and respiratory tract. In this case, because it was introduced directly into the bloodstream, its effects were far more deadly.
The basis of the wrongful death lawsuits filed so far, indicate that the pharmaceutical supplier should have known the product was contaminated or defective. It is their business to produce safe products for people who rely on them for their lives. Thanks to this monumental and deadly error, six hospitals in the areas were reporting the serratia marcescens bacteremia infection.
This kind of incident gives one pause about going to hospital. How could it not? This is the stuff of nightmares for people facing any kind of hospital time. What will happen to me? Will I get the right medications? Will they be safe and not harm or kill me? With things like this going on, it’s not much wonder people regard hospitals and pharmaceutical suppliers and drug makers with a jaundiced eye.
The whole point of this though is that when someone you love goes to hospital to be healed, and then ends up fighting a serious infection or dying, because someone was negligent, something has to be done about this. The company that made the bags needs to be held accountable for their actions. The subsequent point to be made is also that something like this can happen at any time, to anyone, in any location. To receive just compensation, you need to hire the expertise of an Arkansas injury lawyer.
Wrongful death cases are highly complex, gut wrenching events for the family and take a long time moving through the courts. However, with a skilled Arkansas injury lawyer by your side, getting justice and fair and equitable compensation is what you deserve and will get.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The Face Of Medical Malpractice May Be Founded In Prescribing Psychiatric Drugs
Over the years, the practice of medicine has radically changed. Now, psychiatric medicine is regarded as a legitimate field.
Many psychiatric patients today are able to get their prescriptions from their psychiatrist without dealing with their family doctor. While this is a boon for the patient, there are risks inherent in this practice. For example, prescribing psychiatric drugs without knowing the rest of the patient’s medical history is a case of medical malpractice looking for a place to happen.
Many of the psychiatric medications on the market today are noted mainly for their side effects alone, never mind how those side effects would manifest in the presence of other drugs. Keeping track of conflicting drugs is a major nightmare. If one drug is prescribed and causes a bad reaction, it will need to be replaced with something else. In other words, it’s a bit like trying to experiment with making a cocktail – keep adding things until something works without harming the patient.
In this potential minefield of psychiatric drugs versus other drugs a patient may be on, there is a very real question of how these drugs may affect a baby. Most, if not all of these types of drugs, have an impact on the tender and developing neural system of a fetus. If the drug affects the mother in an adverse manner, you may be sure it will affect the baby as well. The most common difficulties are nerve and brain damage. If a doctor does not warn his or her pregnant patient about the potential side effects and complications of psychiatric drugs, the baby may sustain serious damage and/or disabilities.
Consider the case of the 32-year-old psychiatric patient who was two months pregnant. She was prescribed pills for depression that caused her to suffer severe anxiety attacks, paranoia and several other disturbing symptoms. She returned to the doctor, who prescribed another drug that seemed to work well for her. Nine months later, she delivered a brain-damaged baby, a noted side effect of the drug prescribed. Since she had received no warnings about the drug she was on, she could not make an informed decision about whether to discontinue it or not.
Medical malpractice? Likely. Could the woman file a medical malpractice lawsuit? Yes. Would she win? Likely, but that would depend on the evidence presented in the case. If you have been in a similar situation, take your case and concerns to a competent Arkansas malpractice lawyer and find out how you may recover damages for your situation.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Drug Prescribed by Doctor Used to Overdose 4 year Old Girl Reports Arkansas Personal Injury Lawyer
When a wrongful death involves a young child, it is heartbreaking. In this case, the parents and the child’s psychiatrist were guilty of causing the child’s death.
“This was a really tough case and it resulted in the wrongful death of a 4-year-old little girl who is dead as a result of an overdose of psychiatric drugs prescribed by the doctor named in the suit. Shockingly, the parents were convicted of killing their daughter by negligently giving her drugs for ADHD and bipolar disease,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
The settlement in the case was based on the maximum amount of medical malpractice insurance that may be paid out on behalf of a doctor. Because there was a full payout to the maximum allowable limit, the family may assume that the doctor was indeed culpable in the child’s death, even though there was no admission of wrongdoing on the part of the doctor.
“At the time of the little girl’s death, all three of the children had been seeing the same doctor and were receiving the same medications. There were questions about why the doctor was not held criminally negligent in the death as well. Testimony at trial indicated the psychiatrist had been duped by the parents into believing their children had major psychiatric problems. Evidently, this was done so the parents could collect federal disability checks,” Smith said.
The sad part of this whole affair is that the doctor seemingly did not know that the parents were giving extra medication to their children. While it is nice that the case was settled in favor of the estate of the 4-year-old girl, no amount of money will ever make the situation right or bring her back to life. That is part of the reason why people file wrongful death lawsuits – to obtain justice and to get financial compensation for the loss to allow them to continue on with their lives.
Wrongful death lawsuits are not about getting even with the people who caused the death, as compensation will not make up for the loss of a loved family member. Suing for compensation is not about greedy people wanting to punish someone and get money. It is about making the life of the survivors easier. They should not have to suffer financial ramifications as a result of a death caused by someone else.
“Do you know when you have a wrongful death case? If the death of your loved one happened as the result of a drunk driver, reckless, speeding trucker, auto accident, unsafe premises or a defective product or a medication error, like this case, you may have a wrongful death case. By all means, if you aren’t sure, give my office a call. I would welcome the chance to talk to you,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Counting Sponges after Surgery May Avoid Med Mal Lawsuit Says Arkansas Injury Lawyer
Medical malpractice may be the result of something really shocking. That something may be a missing surgical sponge.
“While you might think that went you go to hospital for surgery that the team in the OR would keep track of all of their instruments and sponges, you might be surprised to find out that leaving surgical sponges behind seems to be a relatively common event,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas
Consider the case of the man who went to the hospital to have his gallbladder removed. He came to the hospital by way of the ER and was in excruciating pain and presented with a fever. Supposedly, he had his gallbladder removed, but on follow up later, a CT scan showed that not only had his gallbladder not been removed, there was a surgical sponge left inside him.
“What was removed was a large abnormal mass where a sonogram indicated the gallbladder should be. Sure enough, the patient did improve after surgery. Ultimately, the removal of the gallbladder was not the issue for the jury in that case. The issue was the sponge being left behind. That case netted the plaintiff $4.08 million in damages,” Smith said.
Unfortunately, once the sponge was found, the patient required more surgery and spent close to 80 days in hospital; a stay that came to about $290,000. He is incapacitated for life despite the defense indicating he had abdominal problems before he came to the hospital the first time and that the hospital should only take responsibility for the lost sponge.
“If you have been the victim of surgical malpractice, please, call my office and I will talk to you about your case. You need to know what your rights are and how to move forward,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Arkansas Injury Lawyer Indicates Medical Negligence Includes Misdiagnosing Necrotizing Fasciitis
Necrotizing fasciitis has been confused with cellulitis; with deadly consequences. Under circumstances like that, there may be a case for medical negligence.
Even though medical science has made enormous technological advances in the last decade or two, there are some things that still remain the same. One of those is that if a patient has necrotizing fasciitis, it needs surgery, no question about it. It is a fast moving, potentially deadly disease that can accomplish its grim work in a very short period of time.
“There are classic symptoms that are specifically unique to necrotizing fasciitis. Unfortunately, in the early stages of it developing, the signs may also be mistaken for cellulitis. That is a deadly mistake. The way to differentiate between the two diseases is through tests. This is vitally important if the patient has a compromised immune system. In other words, test first, ask questions later and do it fast if there is even the slightest hint of the possibility of necrotizing fasciitis,” said Michael Smith, an Arkansas injury lawyer.
Consider the case of a 51-year old woman, admitted to hospital with an abdominal tumor and suspected brain tumor. Surgery was performed to remove the tumor in the abdomen and the patient returned to her room. Two days later, she complained of pain in the vaginal area and around the stitches in her abdomen. The staff informed the doctor about the pain and on the physician’s initial examination, the diagnosis was cellulitis. The woman was given antibiotics.
At the end of the first day of antibiotics, the pain had increased for the woman to the point she required morphine. The vaginal area and the abdomen were grossly swollen and abscesses were visible in both locations. The doctor realized his mistake, diagnosed necrotizing fasciitis and ordered debridement of the tissue. The debridement didn’t get all the tissue and the infection spread like wildfire to her leg. Her leg was amputated to save her life.
“The patient filed a medical malpractice lawsuit indicating the doctor had not taken the time and care to order tests in the first instance of the presence of an infection; something that would have been the accepted medical standard. The case was eventually settled in favor of the patient. There was a valuable lesson to be learned there: that even though it is possible for a person in the early stages of necrotizing fasciitis to show signs that may mimic cellulitis, it is crucial to run diagnostic tests and find out what you’re dealing with,” said Smith. It is a difference that may save a life.
“If you have been in this kind of situation or know someone who has been, please, do not hesitate to call my office for legal counsel and to find out what your rights are. The first consultation is free. You may ask any questions you like and we can proceed from there, should you wish to retain my services,” Smith said.
Learn more by visiting Arkansaslawhelp.com
Arkansas Accident Lawyer Smith Sees Drop in Lawsuits When Doctors Say Sorry
Something as simple as an apology may reduce the number of medical malpractice lawsuits. It’s an innovative approach to a touchy problem.
“If your doctor said that he or she was really sorry about what happened to you, would you perhaps make the decision to not sue them for medical malpractice?” asked Michael Smith, an Arkansas accident lawyer. It seems that might just happen in some instances.
This is a new approach to doing medicine being implemented in the University of Michigan health system and is a deceptively simple program that has resulted in a dramatic drop in medical malpractice lawsuits. “What does it involve? Well, oddly enough, the program promotes medical professionals taking complete responsibility for any medical error they made and acknowledging it was an error. Evidently, malpractice suits have dropped by 60 percent,” Smith said.
This new way to practice medicine is patterned after the Texas program dubbed “Sorry Works,” and it seems to be working well for the University of Michigan. The program sees those who have made medical errors admit to the error, say they are sorry for the mistake, implement procedures to avoid it happening again and offering reasonable compensation for any harm caused. This simple, yet effective approach has diverted a lot of malpractice suits.
“Stop and think about that one for a minute. If you had come to harm at the hands of your doctor and they in turn denied responsibility and liability for the error, how would you feel? Most patients would feel victimized and want to sue to recover compensation for their medical bills, pain and suffering, etc,” said Arkansas accident lawyer Smith.
“On the other hand, if the doctor came to you and said right upfront that they made a mistake and were very sorry for it and worked to ensure it never happened again and even offered you compensation, what would your reaction be?” he asked. Chances are, if a patient injured at the hands of a medical professional gets a heartfelt apology, they won’t sue. Human beings appreciate sincerity and honesty, even when it comes to medical mistakes that may have harmed them.
This kind of an open approach to dealing with malpractice is a refreshing change from the deny everything routine and hiring the best defense lawyers going to squash the claim and the claimant. All victims really want is for someone to take responsibility for their mistakes, and that includes medical professionals – who are, after all, human beings who can and do make mistakes.
When it’s evident a mistake has been made and the doctor/nurse denies it, many patients seek legal redress out of desperation and a sense of being wronged. “Which, when you mull that over, makes perfect sense. It’s being betrayed by someone you are supposed to trust and when they don’t take responsibility for their screw up, it hurts, angers, aggravates and drives people to sue,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
When doctors sue other doctors for medical malpractice, the case gets interesting
This unusual case involves two physicians; one treated negligently and the other who acted negligently.
“This is a rather unusual case and it involves two doctors – one who was the patient of another and who suffered serious injuries as a result of what turned out to be negligent treatment. The plaintiff was Dr. John Doe 1, a well respected and well known cardiovascular surgeon. The defendant was Dr. John Doe 2, who evidently used the wrong medical instrument when he performed surgery on Doe 1’s bladder in 2006,” said Michael Smith, an Arkansas malpractice lawyer.
The filed suit contends that Dr. Doe 2’s actions during surgery were negligent, and because of that negligence, Dr. Doe 1 suffered bladder damage that caused him to have reoccurring bladder stones, continual urinary problems, chronic incontinence and sexual difficulties.
The case unfolded in 2006 when Doe 1 visited Doe 2 after finding blood in his urine. He had survived radiation treatments for prostate cancer and Doe 1 suspected he had radiation cystitis (bleeding bladder), a condition that may be fixed by cauterizing the tissues. Doe 2 booked Doe 1 for a process called fulguration; a process that destroys damaged tissue using electricity.
Evidently, Doe 2 didn’t have the right tools at his clinic and had Doe 1 admitted to the local hospital where he expected to have a cystoscopy, a bladder biopsy and the fulguration. During surgery, Doe 2 expanded the neck of the bladder with a “sound.” The lawsuit says the sound was too large and permanently damaged Doe 1’s bladder.
If the plaintiff had known about the risks involved in this procedure, he would have opted for alternative treatment options. “As a result of his botched surgery, Doe 1 has had continual medical treatment in various hospitals, with his bills running close to $60,000,” Smith said.
There are two things interesting about this case. The first one being that it shows medical malpractice doesn’t just happen to the average person; it can happen to a doctor as well. “The second thing is that in instances like this, a medical malpractice case is difficult to prove because expert witnesses are needed to state that the defendant’s actions were negligent – meaning not up to the normal standard of care that other surgeons in the same line of work would offer,” said Smith, the medical malpractice lawyer.
“The fact is that any medical malpractice case may be tough to prove largely because of several factors,” said Smith. “Those factors include improperly kept records, missing records, too much time has passed since the initial incident and, last but not least, there are some circumstances where what you may have experienced with your doctor – a bad outcome – is not classified as medical malpractice.” This is the major reason why anyone who feels they may have been the victim of medical malpractice should talk to a qualified Arkansas malpractice lawyer. “When in doubt, call me. I can answer questions about your case,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
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