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Appeals court in Minnesota reverses misdiagnosis decision, case proceeds

Posted on January 30th, 2012 No Comments

A Minnesota couple recently filed suit against a doctor who failed to diagnose their 5-year old daughter with cancer for a year.  According to the misdiagnosis lawsuit, the physician’s delayed diagnosis decreased her chances of survival from 60 percent to 40 percent.  Now, doctors estimate the girl has a 5 percent chance of surviving.

A lower court would not hear the case because of a “reduced-chance” law in Minnesota that prevents misdiagnosis cases from being heard unless the victim’s chances of survival are less than 50 percent.  The lower court felt that the child’s chance of survival was still likely, and that their claim fell under the state’s “reduced-chance” law, preventing them from being able to address the case.

However, the parents appealed to a Minnesota Court of Appeals, which ruled that the case could proceed because their daughter’s chances of survival were made unlikely by the doctor’s negligence.

Philadelphia misdiagnosis attorney, Philadelphia misdiagnosis lawyer ,

Change to nursing home abuse lawsuits passes House

Posted on January 23rd, 2012 No Comments

Last week, the Pennsylvania House of Representatives passed a measure designed to limit the punitive damages awarded in nursing home abuse lawsuits filed in the state with a 103-89 vote.  Senate members will now vote on the bill–HB 1907.

Specifically, the legislation proposes capping punitive damages at 200 percent of compensatory damages awarded in medical negligence lawsuits that name nursing, long-term care, assisted living, and personal care facilities as defendants.  However, HB 1907 does not apply when the defendant intentionally or knowingly acted negligently.

The bill, which is sponsored by Rep. Glen Grell, is similar to a measure which limits punitive damages in medical negligence cases filed against doctors in Pennsylvania.

If you or a loved one has been the victim of nursing home abuse, contact the Philadelphia nursing home abuse lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about how we can help you.

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Florida teen wins $12.6 million over medication error

Posted on January 16th, 2012 No Comments

Friday, a Florida teen won $12.6 million in a medical negligence lawsuit concerning a medication error that caused her to lose both of her arms and legs.  Defendants in the lawsuit included the University of Miami’s Miller School of Medicine, a nurse, and several doctors.

According to the lawsuit, the teenager was born with multiple intestinal problems, leading doctors to remove her spleen and other organs.  Because the spleen protects the body from viruses and bacteria, a nurse at the medical school administered a medication created to protect individuals without spleens from infections.

8 months after receiving the medication, the girl became sick and had to go to the emergency room.  Doctors discovered that she had a bacterial infection.  The infection caused several blood clots to form in the girl’s legs and arms, and eventually she developed gangrene.  All four of her arms and legs had to be amputated above the joint.

The medication that the nurse administered at the medical school was found to be expired for 5 months when it was injected into the patient.  Experts testified that the nurse was negligent for not administering a sufficient dose of medication to protect the girl from infection.

Philadelphia medical negligence attorneys, Philadelphia medical negligence lawyers ,

Cancer patient awarded $2 million over delayed diagnosis

Posted on January 9th, 2012 No Comments

Last month, a jury in in Lawrence County, Pennsylvania found a hemorrhoid doctor negligent in the delayed diagnosis of a patient with rectal cancer.  The patient, a 32-year old mother of three, was awarded $2 million for past medical expenses and pain and suffering.

According to the lawsuit, the mother went to the defendant’s office in May 2008 after experiencing rectal bleeding.  The doctor administered an anoscopy, but no other testing, and subsequently diagnosed the patient with hemorrhoids.  Over the following 16 months, the doctor performed hemorrhoid treatments on the patient, despite the fact that the patient did not experience any relief in symptoms.

The mother then decided to see another doctor who determined that she was suffering from Stage III rectal cancer.  The plaintiff needed chemotherapy, radiation, and surgery.

The court found that the defendant did not follow the guidelines put in place by the American Gastroenterology Association and other medical regulators that require doctors to perform an endoscopy, colonoscopy, or flexible sigmoidoscopy if a patient is experiencing rectal bleeding.

Contact the Philadelphia delayed cancer diagnosis attorneys of Lowenthal & Abrams, P.C. by calling 215-238-1130, if you or a loved one experienced a delayed cancer diagnosis and would like to speak with a medical malpractice lawyer about your situation.

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Husband and wife sue hospital for negligence

Posted on January 5th, 2012 No Comments

A Santa Fe couple have filed a medical malpractice lawsuit against a hospital after the wife almost died after being given the painkiller Dilaudid.

The woman was admitted to the hospital for severe abdominal pain in 2010 when she was intravenously given Dilaudid. According to court documents, she became sick and the pain intensified, but nurses continued to give her the medication. Later that day her husband says he found her twitching, foaming at the mouth, eyes rolled back, and turning purple.

The complaint states that the hospital staff should have known that patients who are morbidly obese are at a higher risk for obstructive sleep apnea, which can intensify when given narcotic analgesic medication like Dilaudid. She says she has suffered emotional trauma after experiencing cardio-pulmonary arrest.

If you or someone you love suffered due to hospital negligence, contact the Philadelphia hospital negligence lawyers of Lowenthal & Abrams, P.C., at 215-238-1130.

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Woman sues obstetrician for child’s birth injury

Posted on December 30th, 2011 No Comments

A Texas mother has filed a medical malpractice lawsuit against her obstetrician after her child developed shoulder dystocia after delivery.

The woman claims her doctor acted negligently when she decided to deliver the child vaginally instead of via Caesarean section. According to the lawsuit, the plaintiff argues that her doctor should have known the baby was at high risk for experiencing shoulder dystocia because of her obesity and diabetes.

Shoulder dystocia is when a baby’s shoulders become stuck between the mother’s pelvic bone when being delivered vaginally. It can cause nerve damage in the shoulders, arms, and hands which could eventually cause paralysis. More serious effects could lead to lack of oxygen and death.

If your child has been injured during delivery due to the negligence of the hospital staff, contact the Philadelphia birth injury lawyers of the offices of Lowenthal & Abrams, P.C., at 215-238-1130.

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Parents sue oral surgeon for daughter’s death

Posted on December 21st, 2011 No Comments

Parents of a 17 year-old girl have filed a medical malpractice lawsuit against the oral surgeon and anesthesiologist for the death of their daughter.

The teen was one of five million Americans who have their wisdom teeth removed each year. Her parents claim the surgeon and anesthesiologist were negligent when they failed to resuscitate her after seeing her blood oxygen levels and heart rate drop dramatically. A medical examiner ruled her cause of death hypoxia, or oxygen deprivation, while under the effects of anesthesia.

The family hopes to highlight the risks of what is portrayed as a simple surgery. Recently dentists have come forward claiming the surgery is unnecessary and not worth the risks.

Philadelphia dental malpractice attorneys, Philadelphia dental malpractice lawyers ,

Mother awarded $900,000 for negligence after delivery

Posted on December 12th, 2011 No Comments

A Virginia mother was recently awarded $900,000 in a medical malpractice lawsuit filed against Bon Secours Maryview Medical Center.  The hospital attempted to appeal the ruling, but last Thursday the verdict was upheld.

The mother went to the hospital in February 2005 to give birth.  Nurses at the hospital were asked to monitor the woman closely because of  her history of pregnancy-induced hypertension.  After giving birth, the mother’s heart rate and blood pressure changed erratically.

The mother’s partner called for help, but nurses arrived late and reported that her heart rate and blood pressure were normal.  Later, an alarm on the woman’s monitors sounded because her blood pressure was dangerously low.  Doctors found that the woman’s surgical incisions from her C-section had not been checked for over six hours and, as a result, her sheets were covered in blood, she had lost about half of her blood, and she suffered brain damage.

Doctors took the woman into surgery and she survived, but still lives with brain damage.  The doctor who performed the C-section delivery had numerous malpractice claims filed against him from previous deliveries and his medical license was later revoked.

If you or someone you love has suffered injuries due to hospital negligence, contact the Philadelphia hospital negligence lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to discuss your case with one of our attorneys.

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Officials reopen NPDB, some changes

Posted on December 5th, 2011 No Comments

Officials with the U.S. Health Resources and Services Administration recently reopened the National Practitioner Data Bank.  The database of medical malpractice claims and cases was closed to the public in September while new restrictions were put in place.

The public is able to download the database, but now viewers must agree to not identify any entity or medical professional listed in the bank and to make any changes to the file upon request.

Certain healthcare entities like hospitals and licensing boards are able to view the NPDB with identities included.

The changes were made after a journalist was able to connect data from the database to court records and other documents and identify a surgeon involved in a medical malpractice case.

To speak with an experienced attorney about filing a medical malpractice claim, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

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Misdiagnosed heart attacks can be fatal

Posted on November 28th, 2011 No Comments

Every year, approximately 1.2 million people in the U.S. suffer from heart attacks.  A heart attack occurs when blood flow is blocked and unable to reach the heart.

Studies show that doctors misdiagnose about 2 percent of heart attacks.  This means thousands of heart attacks are misdiagnosed every year.  When a heart attack is misdiagnosed, patients are likely to experience serious or possibly fatal injuries.

Most often, a patient will go into the hospital with unusual chest pain or tightness in the chest.  If a doctor is unable to find signs of a heart attack after testing the patient, they will recommend taking aspirin.  The patient is then likely to go into cardiac arrest, which often proves fatal.

Research shows that doctors generally misdiagnose heart attacks because they made an error when reading test results, did not perform the appropriate tests, or waited to see how the patient’s condition developed.

If you or a loved one suffered a heart attack and it was misdiagnosed by a medical professional, contact the Philadelphia heart attack lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about filing a medical malpractice lawsuit.

Philadelphia heart attack attorneys, Philadelphia heart attack lawyers ,
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