October 2010 Archives

A Lackawanna County (Pennsylvania) obstetrician has lost an appeal in one of the largest medical malpractice cases ever recorded in the region. In a memorandum filed earlier this week, the state's Superior Court denied an appeal by Dr. Richard Behlke and OB/GYN Consultants Ltd. in a malpractice case brought by Daniel and Laura White, whose son suffered permanent medical problems caused by medical mistakes when he was born in 2001. Today, he is nearly blind and suffers from cerebral palsy.

A jury awarded the family $20.5 million at a trial in 2008, and found the doctor and Community Medical Center to be negligent in their treatment of the mother. The doctor was assigned 60% of the blame, while the hospital was assigned the other 40%.

According to the suit, Laura called her doctor at OB/GYN Consultants on June 30, 2001, and said she thought something was wrong with her unborn child. Dr. Behlke, who was not her primary obstetrician, told her to go to Community Medical Center, where she was hooked up to a fetal monitoring system that indicated the baby was in distress. Dr. Behlke was notified, but, according to the suit, did not arrive for two hours. The suit claimed the baby was getting very little oxygen at the time.

CMC, which reached a confidential agreement with the Whites, was not part of the appeal.

Unfortunately, cerebral palsy is often the result of medical malpractice. It is costly for someone who suffers from it to receive the treatment they so desperately need. If someone you know is seeking legal recourse, call The Law Offices of Dr. Bruce G. Fagel and Associates for a free consultation. Contact the offices at 800/541-9376 or visit online at www.brucefagellaw.com.

The Central Illinois News-Gazette reports that a Champaign County (Illinois) judge has approved a $12 million settlement for an Urbana woman left severely brain damaged during labor at Provena Covenant Medical Center eight years ago.

The settlement is for the mother, Tim Ravanh, 33. She was at Provena on Dec. 27, 2002, in labor with her son who was born healthy via cesarean section. Anesthesiologist Dr. Ted Dziadek gave her an epidural injection that sent Ravanh into cardiopulmonary arrest in his presence and that of a registered nurse. However, the necessary equipment to respond to that kind of emergency was not present, and CPR was not started on Ravanh until about 20 minutes later. As a result, Ravanh suffered an irreversible brain injury due to oxygen deprivation and the failure of the nursing staff to timely resuscitate her.

Ravanh's attorney said the settlement amount is necessary to provide the intense level of care she'll need for the rest of her life.

In instances of medical malpractice such as the one chronicled in this blog, it is imperative to have an attorney who is capable of getting maximum compensation because the expenses are tremendous. Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor, has a track record of success in securing large awards, verdicts and settlements. If you or a loved one needs the services of a successful malpractice attorney, call Dr. Fagel at 800/541-9376 for a free consultation. You can also contact him through his website, www.medicalmalpracticedoctorlawyer.com.

The devastating effects of a birth injury and an ensuing medical negligence lawsuit is the subject of a recently published book. "A Darkness of Her Own" by Kenneth Zarecor, tells the story of his daughter Heather, now 41, who was born with a condition known as cephalopelvic disproportion (CPD). She sustained severe brain damage after bumping into her mother's pelvis during labor.

During labor, the Zarecors claimed that the mother, Lorraine, hadn't been examined for 24 hours, which led to an emergency cesarean delivery. It didn't matter as Heather had already tried to come out and had sustained brain damage upon birth.

The Zarecors' claim of medical negligence was at the center of an impending court case that dragged out for nearly a decade. A judgment held the doctor and hospital where Heather was born liable for damages. The Zarecors received a settlement of $1.35 million. Drama and heartache took an immeasurable toll on the young family, and it is chronicled in this memoir that was first drafted 25 years ago, but was not published until recently.

Ken lives in Grand Junction, Colo., where he continues to provide care for Heather. She is totally dependent on her father as she has no physical abilities and cannot speak.

Birth injuries are devastating--emotionally, physically and financially. If the injury is the result of malpractice, the financial compensation helps tremendously is getting the care a child requires. Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor, can help you with a birth injury malpractice claim. Call for a free consultation at 800/541-9376, or go to his website at www.birthinjurydoctorlawyer.com.

The Cincinnati Enquirer is reporting that Pamela Williams, a long-time employee of Bethesda Hospital (Ohio), is suing the hospital and the head of its Department of Obstetrics and Gynecology for a botched gynecological procedure in 2005 that left her with infected and painful blisters. In her lawsuit, Williams accuses Dr. Alan Altman of scalding her vagina, rectum and other areas with a superheated saline solution. The malpractice suit adds that Dr. Altman sent her home without telling her about the scalding or treating her second- and third-degree burns.

In the Feb. 22, 2005, procedure called an "endometrial ablation," a wand containing a saline solution heated to 195 degrees was inserted into her uterus. The heated solution was supposed to be released into and left in the uterus for 10 minutes. Dr. Altman admitted he never reviewed the manual for the procedure, but insists he didn't deviate from proper medical care.

In court documents, Dr. Altman blames the two nurses assisting him for Williams' burns, saying they didn't obey his instructions to turn off the machine in time to avoid the scalding. Both nurses swore under oath that they heard no such instruction. The trial is scheduled to begin today.

If you need representation for a medical malpractice lawsuit, you should contact The Law Offices of Dr. Bruce G. Fagel and Associates. Medical malpractice is the only type of case handled at the firm. Call 800/541-9376 or visit online at www.fagellaw.com.

A recent report in the Archives of General Psychiatry says that clinical depression puts pregnant women at increased risk of delivering prematurely and of giving birth to below-normal weight infants.

Being born too soon and weighing too little at birth can jeopardize the immediate survival and long-term health of a baby. Pre-term births and low birth weight are among the leading causes of infant and early childhood mortality, respiratory distress, neurological and developmental impairment, cerebral palsy, blindness and other disabilities.

Depression is common during pregnancy; up to 25% of women experience clinical depression while pregnant. This depression often goes untreated--or treatment is stopped--because of safety concerns about medications.

One of the conclusions of the study is that there is a need for healthcare reform measures to protect the well-being of mothers and children before they are born.

In this instance, the birth injuries were not caused by the actions of a healthcare practitioner, but many times injuries such as cerebral palsy are the result of medical malpractice. In those instances, you the assistance of an attorney who knows healthcare. Dr. Bruce G. Fagel is an attorney who is also a licensed medical doctor. If you need his services, contact him at 800/541-9376 or at www.birthinjurydoctorlawyer.com.

The Baltimore Sun reports that more than 100 former patients of Dr. Mark Midei allege that they have received unnecessary heart stents at St. Joseph Medical Center in Towson, Maryland. These patients have started the process necessary to file a medical malpractice lawsuit against the hospital after the parties were unable to reach an agreement to settle the claims. The lawsuits were filed with the state's health claims arbitration office--a step that must be taken before filing a medical malpractice lawsuit in Maryland.

Over the past year, the hospital has sent more than 600 letters to former patients of Dr. Midei, alerting them that a subsequent review of their medical procedure indicates that they may have been implanted with a heart stent they did not need. In many of the cases, Dr. Midei told patients that they had severe coronary blockages even though they had minor blockages that did not require a stent replacement.

The stent surgery problems were uncovered as part of an ongoing federal investigation of Medicare fraud and other violations involving the financial relationship between the hospital and an affiliated group of cardiologists. Initially, St. Joseph denied any wrongdoing, but are now reviewing all procedures performed by Dr. Midei for a two-year period. Dr. Midei, who headed the hospital's cardiac catheterization unit, has denied any wrongdoing even though the hospital stripped him of his position without explanation. Three other executives have left their jobs amid the investigation.

Maryland law requires medical malpractice claims to be filed in arbitration before being filed in court. This week's filings are expected to be just a small portion of the St. Joseph stent lawsuits that will be filed by former patients of Dr. Midei.

It's unusual to hear about malpractice being committed in such large numbers. For most doctors it is an isolated incident. However, if you think you have been victimized by medical malpractice, call The Law Offices of Dr. Bruce G. Fagel and Associates. We have a track record of success that is unparalleled. Call 800/541-9376 or visit us online at www.fagellaw.com.

The attorney for the family of Haley Cobb, 10, of Leavittsburg, Ohio, claims the failure to advise Haley's parents that the girl needed to be born via cesarean section was a contributing reason to her being born with cerebral palsy. In an opening statement at the start of a medical malpractice trial that began earlier this week, Haley's attorney asked for $15 million to $20 million to pay the cost to care for the girl throughout her life.

The Cobb family has already settled with the estate of the anesthesiologist, now deceased, as well as with Forum Health Trumbull Memorial Hospital's nurses for their role in the failed resuscitation.

Defense counsel claim the brain damage occurred prior to the mother arriving at the hospital. He said lesions in the placenta--which provides a baby its oxygen--are responsible for Haley's permanent injuries.

It will be interesting to see the outcome of this trial, but many times cerebral palsy and other birth injuries are the result of medical malpractice. If you are looking for an attorney with decades of experience and success with these types of cases, contact The Law Offices of Dr. Bruce G. Fagel and Associates for a free consultation. Call 800/541-9376 or visit online at www.cerebralpalsydoctorlawyer.com.

The Seattle Post Intelligencer reported last month that an infant died while in the care of Seattle Children's Hospital after a staff member administered medication without an order from a physician. This death comes shortly after an eight-month-old girl died after being given 10 times the prescribed dose of calcium chloride. In this latest tragedy, the infant was in transport to the hospital for a transplant, and a staff member administered a drug without permission, which is in violation of the hospital's policy.

The newspaper reports that despite a state law, very few hospital errors are reported to authorities. Washington's medical error reporting program isn't able to enforce the reporting law because it is underfunded and lacks enforecement powers.

A hospital spokesperson said the hospital will not release information about involved staff members, saying the focus should be on systemic changes instead of human error. The state Department of Health and the state Nursing Commission will be conducting independent investigations.

Medication errors and wrongful deaths are both examples of medical malpractice. The results are devastating, and someone should be held responsible. If you are need of a malpractice attorney, consider Dr. Bruce G. Fagel--an attorney who is also a licensed medical doctor. For a free consultation, contact him at 800/541-9376 or through his website at www.medicalmalpracticedoctorlawyer.com.

Using the same technology found in clothing tags used in store tracking systems, a study from the University of North Carolina (Chapel Hill) shows that surgical sponges with implanted radio frequency (RF) tags may be an effective adjunct to manual counting and X-ray detection in preventing sponges from being left in patients following surgery. UNC surgeons are reporting these preliminary results today at the 2010 Annual Clinical Congress of the American College of Surgeons in Washington, DC.

Sponges used to absorb fluids and improve access to organs during surgical procedures are much different than household sponges. They are mostly made of cotton, come in various sizes, and can be difficult to see during an operation because they can mold into different shapes and take on the same color of the fluids being absorbed. Also, the sponges can migrate to other areas and can be difficult to feel with surgical gloves.

Various methods are used to track sponges during surgery, with the most common being a manual counting. Human error in counting was part of the impetus for the RF tags. During surgery, a nurse passes a wand over the patient's body to pick up readings from the RF tags.

The reported incidence of a sponge or another foreign body, such as a surgical instrument, being left behind after operations varies significantly. Estimates range from one in 1,000 operations to one in 18,000.

Sponges and other equipment left in a patient following surgery is one of the most common forms of medical malpractice. If you have been victimized by malpractice, you need the services of an attorney who knows medicine. Contact Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor, at 800/541-9376 or online at www.fagellaw.com.

In a report published by The Smoking Gun, a California gynecologist was sued for medical negligence after he reportedly branded a patient's name on her uterus during an operation last year. The plaintiff contends the branding had "no medically necessary purpose or reason;" the doctor called it a "gesture of friendship."

Filed in Superior Court last month, the medical malpractice lawsuit contends 47-year-old Ingrid Paulicivic went to Dr. Red Alinsod's Orange County office to undergo a hysterectomy last year. However, Dr. Alinsod allegedly made use of a cauterizing tool to engrave "Ingrid" right onto the patient's surgically removed uterus during the procedure.

The lawsuit alleges the branding left the patient with burns on her legs. Dr. Alinsod reportedly claimed he branded her uterus because he "did not want to get it confused with others." He also contended he felt comfortable branding her name because she was a "good friend." Paulicivic's attorney says she had never met him prior to the first consult.

If you think you have a medical malpractice case, contact The Law Offices of Dr. Bruce G. Fagel and Associates, who only handle medical malpractice cases. Call 800/541-9376 or visit online at www.medicalmalpracticedoctorlawyer.com.

The Wall Street Journal is reporting that medical providers are using past malpractice cases to help avoid future mistakes.

The article says that by analyzing the breakdowns in care that led to missed, delayed or incorrect diagnoses, insurers and healthcare providers are developing programs to avert mistakes. Statistics show that diagnostic errors are the leading cause of malpractice suits, accounting for as many as 40% of cases and costing insurers an average of $300,000 per case to settle. It is estimated that diagnostic errors kill up to 80,000 hospitalized patients annually.

If you or a loved one has been injured by medical malpractice, call an attorney whose medical background makes him knowledgeable and successful in both fields. Dr. Bruce G. Fagel can be reached at 800/541-9376 or through his website at www.fagellaw.com.