A jury awarded the victim, Amy Miller, a total amount of $759,680 to be divvied up as follows:

• $250,000 for noneconomic losses
• $150,000 for future noneconomic losses
• $84680 for medical expenses
• $100,000 for future medical expenses
• $175,000 for loss of services as a spouse

Given the high cost of medical care, and the severity of the medical error, it would appear to most people that this verdict was more than fair.  In fact, it is quite small in comparison to some medical malpractice awards that reach into the multi-million dollar range.

Because of Kansas law, however, which states that non-economic damages cannot exceed $250,000, the judge overseeing the case reduced the verdict to remove the $150,000 set aside for future non-economic damages and the $100,000 for future medical expenses.

Miller and her medical attorney are not taking this sitting down.  They have filed an appeal and will have an opportunity to argue their case in front of the Kansas Supreme Court.

What they are fighting for is the rights of victims who have already lost so much at the hands of a negligent medical professional.  Damage caps only serve to hurt those who need relief the most, as in this case.

The results of this battle will be relayed when the case is concluded.

The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth.  Jackson died a mere 16 hours after her son was born.

According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.

Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory.  The settlement is to be divided between Jackson’s son and her widow.

Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer.  This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case.  This is why it’s critical to have an experienced medical attorney on your side.

Richard Hornick’s mother, Mary, passed away just months after she fell from her hospital bed while she was a patient at the Thomas Memorial Hospital.  His lawsuit claims that her fall was as a result of the negligence of hospital staff.

On December 8, 2007, while Ms. Hornick was an inpatient at the hospital, she was not properly monitored by staff and tumbled from her bed as a result.  The fall caused severe bruising, cuts on her head and arm and a hematoma.  The lawsuit claims that Ms. Hornick should have been monitored more closely because she met the hospital’s high-risk category.

Six months later, the victim died at a nursing facility.  The cause of her death was determined to be primarily due to dementia, but the secondary cause was listed as a cerebrovascular accident, in other words, the fall.

Hospital falls can be so dangerous that the FDA has released a guide to hospital bed safety.

Know someone who suffered after a dangerous fall from a hospital bed?  You should also know your rights.  A medical attorney can explain them to you.

Erlandson’s case is somewhat unique in that he himself was a highly respected doctor for nearly 40 years.

Given that fact, he knows a thing or two about the high standard of care that those in the medical profession must deliver.  And, sadly, he was not provided with the same type of care that he gave to his patients for so many years.

Erlandson claims that during his double-knee replacement surgery a tourniquet was misapplied causing massive nerve damage to his lower left leg.  The formerly healthy, active retiree is now forced to wear braces on his leg and cannot walk without the use of a cane.

The hospital, Fletcher-Allen, is denying any malpractice, insisting that any nerve damage suffered by Dr. Erlandson was part of the risks associated with that type of surgery.

The odds are stacked against Dr. Erlandson.   According to his medical attorney, Vermont is one of the most conservative states when it comes to medical malpractice verdicts; however this is not deterring the victim from seeking justice.  It will be interesting to see if his turns out to be one of the success stories.
The amount of damages being sought has not been released.

Trevor Ree claims that a combination of faulty equipment and doctors’ negligence caused him to receive eight times the normal dose he should have received during a CT scan in December 2008.  In the days and weeks following, Ree’s hair and eyebrows began to fall out and he began experiencing red, flaky skin on his face and scalp.  He didn’t realize it at the time but these are all signs of radiation overdose.

Ree’s lawsuit also claims that about a month ago someone from the hospital contacted him and asked if he had experienced any negative side effects after the procedure.  He alleges that he was not told why they wanted to know and was never notified that he had received an overdose.

Some 206 patients are also named in the class action lawsuit because of their possible overexposure to the dangerous radiation.

Radiation therapy is used in different medical procedures utilizing a form of energy called ionizing radiation.  Although its purpose is typically to destroy bad cells such as those that are cancerous, it can also damage healthy cells so it should be used with the utmost caution to limit the patient’s exposure.

Overexposure or radiation overdose can cause a host of medical problems and almost always occurs at the hands of a negligent doctor.

If you think you may have received a dose of radiation that was too high, and have suffered subsequent injury or medical issues, it is a wise idea to contact a medical attorney immediately.  You may be a victim of radiation malpractice.

The mother of Tiffany Busone filed the medical malpractice lawsuit more than two decades ago against Bellevue Women’s Hospital.  Her lawsuit claimed that when doctors at the hospital resuscitated and intubated her infant daughter, they did so incorrectly causing her to go without oxygen.  She subsequently developed cerebral palsy and brain damage as a result of the oxygen deprivation.

Busone, now 25 years old, is confined to a wheelchair and has only limited communication.  She will require home health care for the rest of her life and will never be able to work.

Cerebral palsy is a brain injury that often occurs before or during birth that can leave the child with developmental problems, brain damage, decrease or complete loss of motor functions and other permanent injuries.  Often times the cause of a child’s cerebral palsy is a doctor’s negligence, as in this case.

The jury that heard the case found in favor of the plaintiffs, awarding them $20 million for Busone’s home health care needs, $21 million for past and future pain and suffering and additional amounts for medical expenses and loss of future earnings, totaling $43 million altogether.

The verdict was a long time coming for the Busone family, who has been fighting for justice on behalf of Tiffany since 1991.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

The 46 year old man went to the emergency room to be treated for pain he was experiencing from a severe toothache and possible infection.  He informed the ER staff of his allergy to penicillin.  The allergy was also clearly referenced in his paperwork.

Dr. Owens overlooked the warnings and prescribed a medication called Augmentin, an antibiotic that is closely related to penicillin.  Augmentin has been known to cause dangerous reactions in patients who are allergic to penicillin.

After being given the drug, McDonald returned home where he began to swell up and develop a rash all over his body.  The allergic reaction landed him in the intensive care unit for nearly a week.

While the hospital did admit to the medical error, they disagreed with the amount of damages the plaintiff was seeking - $200,000 in compensation and $1 million in punitive damages.  The punitive damages part of McDonald’s lawsuit was dismissed by the judge who stated that the medical error “was not malicious or reprehensible”.

In the end, the jury awarded McDonald $125,000 for his damages.

As patients, we place our trust in doctors to provide us with the highest level of care when we seek medical treatment.  This includes careful review of our medical records and listening closely to our concerns and warnings.  When this is neglected, serious medical errors can result.  If you think you may have been the victim of a medical error that has caused you serious injury or harm, it’s important that you speak with an experienced medical lawyer right away.

The father of two, Gustavo Espinal-Santos, went to the Bellin Family Medical Center in December 2003 because he was feeling ill.  Physicians who treated the man diagnosed him as suffering from pneumonia.  Unfortunately, they were wrong.

The lawsuit alleged that the doctors were negligent in failing to order standard tests such as X-rays, causing them to miss the signs of what Espinal-Santos was actually suffering from:  a deadly fungal infection called blastomycosis.

After two visits to the medical center, Espinal-Santos was finally admitted and the real cause of his symptoms was discovered, but by then it was too late.  He died a short time later.

The medical malpractice trial was relatively quick, lasting only four days and the jury deliberated just eight hours before finding in favor of the plaintiffs.  The award will be reduced, however, because of Wisconsin’s damage caps law.

Source:  www.greenbaypressgazette.com

Senate Bill 858, also called SB 858, is being proposed under the guise of aiding in the prevention of frivolous medical malpractice lawsuits, however when examined closely, it could serve to be dangerous to the patients who find themselves at the mercy of ER personnel.

Basically, SB 858 states that in order to successfully sue over medical malpractice, the plaintiff would be required to prove that the medical professional in question acted with “gross negligence” and would have to do so by presenting “clear and convincing evidence”.  This may not sound that bad, however what it really means is that victims of medical malpractice would only have a fighting chance at justice if they are able to show that whatever happened to them was done intentionally or with reckless disregard.

But as with anything in life, medical malpractice is not typically that cut and dry.  Not all incidents of malpractice are committed intentionally.  To the contrary, most cases involve an unintentional mistake or oversight.  The new bill would mean that medical errors such as these would not be considered actionable unless they were committed on purpose.  We all know that in many cases, a doctor or nurse never intended to harm their patient, however through a careless mistake or oversight, did so.  This legislation would essentially grant immunity to emergency room staff, allowing them to be more lax in their care and opening the door to even more chances for errors to occur.

Many Michigan residents are highly concerned, as they should be, because this could potentially mean a much lower standard of care in their local ER, and what’s worse, less of a chance for them to fight back should they end up a victim of medical malpractice as a result.