Have You Been Affected By Medical Malpractice?

What is Medical Malpractice?

Medical malpractice happens when, by improper acts or omissions, a clinic, a physician or other healthcare professional injures a patient. Neglect may result from clinical, medical, post-care or health care errors.

Medical Malpractice Law

The claim must have the following characteristics to be considered as medical malpractice under the law.

• Infringement of standard of care: The law recognizes that certain established requirements are accepted by the community for appropriate treatment by fairly conscientious health professionals. This is called the treatment standard. A patient is entitled to expect health professionals to provide care that meets these requirements. If the standard of care is determined not to have been met, it may be negligence.

• A negligence injury was caused: It is not sufficient to claim medical malpractice by saying healthcare professionals violated medical standards. The patient should also demonstrate that he or she has suffered an injury that occurred due to neglect. An adverse outcome alone is not medical malpractice. The client should show that the injury was caused by negligence.

• Injury caused significant damages: Medical malpractice cases are extremely costly, frequently requiring evidence from numerous medical professionals and countless hours of litigation. For a claim to be successful, a claimant must prove that the injury caused by medical negligence caused considerable damage. If the damage is small, the cost of the case could be more than the recovery. The plaintiff should prove that the accident contributed to a disability, income loss, abnormal pain and discomfort and substantial existing or potential medical bills, to pursue a medical malpractice lawsuit.

• Medical malpractice may be allowed in some jurisdictions even without an error by the doctor based on the principles of informed consent if the patient has not been told of the possible consequences of the course of treatment.

Examples of medical malpractice can involve:

• Inaccurate prescription or dose

• Needless surgery

• Improper follow-up or aftercare

• Premature discharge

• Not considering or taking an appropriate patient history

• Not ordering for proper testing

• Incorrect diagnosis

• Inaccurate laboratory findings.

• Not recognizing symptoms

CASES OF MEDICAL MALPRACTICE

Medical malpractice cases can take many forms, with multiple causes and a range of outcomes.

Here are some interesting cases of medical malpractice over the years.

One of the main causes of injury and death in the United States continues to be medical malpractice.

• Medical malpractice has become the third leading cause of death, after heart disease and cancer, according to Johns Hopkins Hospital.
• The rate of claims received for medical malpractice declined by 55% between 2009 and 2014.
• The total medical malpractice claims have risen by almost 25 percent since the start of the 1990s, according to a 2017 JAMA survey.
• More than one million dollars are paid to one in fourteen claims.
• The risk of medical malpractice lawsuits is higher for neurosurgeons and OB / GYNs than other medical experts. This is probably due to the seriousness of their treatments, which, owing to an error can cause disastrous consequences.

What is the most common type of medical malpractice?

Foreign objects retained in the body: Operational instruments and articles left in a patient after an operation is a popular form of medical negligence. Common medical instruments left behind are scissors, needles, clamps, screws, electrical equipment, sponges, blades, knife, and others.

• Incorrect Surgery on parts of the body
• Injury at birth.
• Stroke
• Drug Error
• Anesthesia Error
• Diagnostic Error

CASES OF LARGE MEDICAL MALPRACTICE SETTLEMENTS

Although the amount of medical malpractices has declined over time, over the last couple of years the payout rates have increased dramatically.

Here are some of the medical malpractice cases in the United States.

The Florida jury approved Allan Navarro $216.7 million ($100.1 million)  compensation for brain damage and being confined to a wheelchair after clinicians misdiagnosed stroke. This $216.7 million Medical Malpractice Trial in Florida is considered as one of the highest settlements in history. After showing symptoms that indicated a stroke, Navarro went to the emergency room in August 2000.

While his family told doctors of their stroke history in the past, the doctors diagnosed him with sinusitis. Navarro had to have surgery the next day in his brain to relieve swelling and spent almost three months in a coma. Navarro, therefore, has limited cognitive skills, and every time he swallows food, he risks being suffocated.

Judges ordered Hospital John Hopkins to pay $190 million to 8,000 complainants on behalf of Dr. Nikita Levy, the gynecologist who had been operating there for over twenty-five years. It was revealed that he had taken photographs of his patients secretly over the years with a pen-like camera he used during his exams. In 2013, Levy was immediately fired and he committed suicide just days later, after police investigations discovered more than 1.200 videos and 140 pictures of patients in his house. The plaintiffs identified in this case were sent checks in 2017 from $1 876.77 to $27 934.93, following the completion of these proceedings.

Tiffany Applewhite has been awarded $172 million after a jury from the Bronx determined that paramedics had been liable in giving her mother, bad advice. After being injected with steroids due to an eye condition in 1998, Applewhite got into anaphylactic shock, and her heart stopped. Their mother called 911, the Fire Department arrived, with no oxygen or defibrillator, with no life support equipment. Although Applewhite wanted to be hospitalized, paramedics advised them to wait for another ambulance to get the correct equipment. 20 minutes later, the ambulance came to Applewhite, took care of her and took her to the hospital. Applewhite retained serious brain damage and paralysis as a result of waiting, including the failure to walk, talk and normally care for oneself. Tiffany Applewhite has been granted a total of $172 million.

Faith DeGrand, who was a 10-year-old, received $135 million in damages following an operation in the aftermath of partial paralysis following a two-week trial for medical Malpractice Claim against the Detroit Medical Center.  She was taken to the Detroit Children’s Hospital for scoliosis in 2010 but she had the rods and screws inserted so that the surgeon compressed her spinal cord and caused Faith’s extremities to become numb.

The surgeon did not remove the device until ten days later, instead of instantly removing it. This has led Faith, with constant loss of bladder and bowel control, to become a quadriplegic.

FAMOUS CASES OF MEDICAL MALPRACTICE
Famous persons are not immune to medical malpractice. Some celebrities have been killed by some form of medical malpractice. Many famous people have suffered in the hands of incompetent practitioners.

The case of Michael Jackson: On June 25, 2009, many were shocked to hear of the sudden, tragic death of Michael Jackson which appears to have occurred out of nowhere. After a thorough report of autopsy and toxicology, Jackson died of several medications in his system, including Propofol, a strong anesthetic normally employed during surgery. Propofol is extremely powerful and has a wide range of potential side effects that require a team of doctors to constantly monitor. Further research showed that Dr. Conrad Murray, the personal home doctor at Jackson’s, routinely gave Propofol to Michael Jackson, so he could sleep well through the night.
Dr. Murray was arrested and charged with unlawful killing in Jackson’s death, although civil medical negligence charges were not pursued.
Dr. Murray was found guilty by a jury for his crimes and was given a maximum penalty of unlawful killing of four years in prison. His medical licenses in Texas and California were also suspended and the judge made him reimburse the Jackson family for $100 million.

The case of Joan Rivers:  In 2014, comedian Joan Rivers was on the way to Yorkville Endoscopy, complaining about a sore throat. Rivières, with a history of acid reflux, have been checked for their vocal cords and upper digestive system by laryngoscopy and endoscopy. The result was a series of medical errors and procedure violations that lead to the swelling and closure of Rivers ‘ vocal cords, which prevented Rivers from breathing. Her vital signs were not detected and deteriorated quickly for at least 15 minutes before she suffered cardiac arrest, because she had no oxygen in her lungs.

She was taken off life-support and died after seven days.

The daughter of Rivers, Melissa, sued Yorkville Endoscopy and other doctors who were present during the incident in 2015 for a medical malpractice claim. A year later, the doctors took full responsibility for the death of Rivers and agreed to a settlement of the claims.

During this investigation, Dr. Lawrence Cohen, the clinic’s healthcare manager, stepped down and the Yorkville Endoscopy discovered that there were several violations and irregularities.

Although these are especially gross cases of medical malpractice, we agree that every case of medical malpractice is a serious case that needs to be investigated in full. Cases, where medical professionals do not honor their treatment responsibilities, have dire consequences for the quality of life of a person for years to come. They can have serious consequences.

Any patient who has been suffering from medical malpractice has the right to receive compensation for negligent actions from these professionals.

If you believe that you or a family member may have been a victim of medical malpractice, feel free to give us a call. Our information can be found on our Contact page.