Florence-Myrtle Beach Personal Injury Lawyer - Medical Malpractice

Medical Malpractice Caps May Be Removed by Two State Supreme Courts

Will Parker — Tue, 29 Sep 2009 16:08:53 GMT

A recent article from American Medical News by Amy Lynn Sorrel states Supreme Court judges in two states are set to decide whether or not to do away with limits on non-economic damages in medical malpractice cases. Georgia's Supreme Court Justices will decide whether the state’s $350,000 cap violates Georgia's state constitution. Maryland's Court of Appeals, on the other hand, will decide whether state caps should apply only in cases resolved through arbitration.

What would this mean to you if you are a victim of a doctor's negligence? No matter what happens with these cases, those injured as a result of medical malpractice will maintain the ability to recover on any damages that result in actual costs, such as medical expenses. However, non-economic damages are what is at stake here.

To illustrate - you go in for an amputation of your left and a doctor removes the right leg....and then has to remove the left leg. Now, you have no legs and you can only recover $350,000 for the pain and suffering caused by the mistake. While that sounds like a lot of money, would the inability to ever walk again or, at a minimum, would being forced to have two prostetic limbs for the remainder of your life only be worth $350,000?

Of course, my example is extreme but that sort of thing, and even worse, do happen. As there are so many possibities, I don't see how you could fairly carve out exceptions to the caps. In my opinion, the amount a person is entitled to as a result of pain, suffering and emotional distress should be left up to a jury as is the case with any other type of case.

Why doctors believe they deserve a free pass, or a cheaper pass at least, defies logic. They state their premiums will go up. The solution would be not to make mistakes. If I make a mistake and hit someone with my car, my car insurance goes up....I don't see a difference. Mistakes happen. How expensive the mistake is should, in my opinion, be left to a group of the victims peers as the value of human life, pain, suffering and emotional distress is not easy to determine and certainly should not be capped, at least not by judges and definitely not politicans who, being realistic, are possibly in the pockets of the physician's lobbyists.

Thoughts and comments are always appreciated.

Originally posted at InjuryBoard by Will Parker

Three and Thirteen....a Big Difference When Referring to Pulling Teeth

Will Parker — Wed, 26 Aug 2009 14:59:31 GMT

The NY Daily News recently reported one painful - and unnecessary - dental procedure that could cost a dentist and a clinic millions.

In 2006, a South Carolina woman had 13 teeth extracted by mistake and was recently awarded a $2 million jury verdict.

The Plaintiff, Elizabeth Smith, 28, is first and foremost, looking forward to getting her teeth fixed, said her lawyer, Robert Ranson.

"She now sees [the] opportunity [to] move on with her life, and, in her words ... 'get back to being what she was' before this all happened," Ranson said.

Ms. Smith is still currently missing all of her top teeth. The cost of reconstructive surgery is estimated at $80,000.

In 2006, when Smith sought treatment at the Sexton Dental Clinic in Florence, she agreed to have a dentist pull just three teeth. The dentist, however, mistakenly removed all 16 of her top teeth.

While mistakes happen, the most disturbing aspect of the story is that Clinic employees then tried to cover up the mistake in her chart, Ranson said during trial. The clinic still denies that charge.

Sexton Dental Clinic CEO Ruan Westraad declined to comment, but noted the clinic has served tens of thousands of patients every year.

The clinic was founded in 1923 to provide dental care to people who couldn't otherwise afford a dentist. Clinic officials and their lawyer are currently weighing an appeal.

Originally posted at InjuryBoard by Will Parker

Falsified and Missing Records Cover Up Medical Malpractice

Will Parker — Tue, 28 Jul 2009 14:04:13 GMT

Most of trust that doctors and hospitals will do the right thing and put us, the patients, first. I mean, doctors take an oath to the effect, right? Well, if you do put all your trust in their hands...you might want to read the following:

According to an investigation by the New York Daily News, an outbreak of faked medical records at New York City hospitals have led to 16 state citations over the past four years. According to the newspaper, doctors, nurses and support staff altered hospital records in an effort to cover up medical mistakes, that if revealed, could have led to millions of dollars in malpractice suits. In many cases, the patients and family members were never even notified of the medical errors or the state citations. The investigation proved difficult because many of the records were missing crucial information or were missing completely! For the full story, click on http://www.nydailynews.com/ny_local/2009/07/26/2009-07-26_hospital_records_were_sometimes_falsified_to_cover_up_medical_mistakes.html?page=0

As an attorney, this is extremely alarming as this proves medical professionals can get away and have already gotten away with committing malpractice by such means. While I certainly believe most medical professionals would never commit such acts, the fact it we know it has happened should lead to changes. For example, one way to ensure accuracy is to have patients sign their medical charts before they are filed. That way, the patient knows what is in their file and, if there is an error or ommission, whether accidental or intentional, it could be addressed at the time it occurred. Another idea is to allow patients to retain a copy of their medical records after each visit. Our firm presently has a case where we believe a local doctor covered up serious mistakes which possibly led to a patient's death, but there is really no way we can prove it. Hopefully, investigations such as this one will lead to more debate about how to ensure patient safety and an improved record-keeping system. President Obama, as part of his stimulus package, wants to reform medical recordkeeping, making this a prime opportunity to tackle this problem.

Originally posted at InjuryBoard by Will Parker

Firm News- Recent Medical Malpractice Settlement

Will Parker — Mon, 02 Feb 2009 14:02:16 GMT

As an attorney, I represent individuals in collecting compensation they are entitled after experiencing life altering events. On a recent case, our firm represented an elderly lady who lived a fulfilling, active life.
The case began with a visit to her family doctor. He discovered lingering effects from a prior injury and referred her to a specialist. After seeing the specialist, the only remedy was surgery. He also decided the medication she was taking, Coumadin, was not effective and prescribed Lovenox instead. This change required our client to inject the medication into her bloodstream twice daily. In accordance with the doctor’s prescription she followed the directions.
Up to that point, taking medication was part of her daily routine, so she didn’t think twice and simply followed the doctor’s orders. However, the doctor’s decision would prove to haunt this lady for the rest of her life.
On the morning of her scheduled surgery she injected the required daily dose of her medication as prescribed by her doctor. Upon her arrival to the hospital, during her preoperative workup, she was never asked whether or not she had taken any medications that morning, nor was any testing done to determine if her blood levels were within the acceptable range to undergo a surgical procedure.

Following surgery, our client complained of extreme pain in her lower back radiating to her lower extremities. As the evening progressed, she complained of progressive weakness and developed paraplegia. Due to her pacemaker, an MRI was not an option. Her initial CT failed to demonstrate a hemorrhage yet a CT monogram revealed a spinal hematoma.

Two days later, our client underwent another surgery to remove the hematoma. As a direct result of the hematoma, she sustained permanent paralysis. The spinal hematoma resulted from the injection of her prescribed medication. As a result of her limited mobility due to paralysis, she developed decubitus ulcers and ultimately had to have her leg amputated below the knee.

We were able to settle this lady’s case for $425,000.00. Considering her age and pre-existing conditions, both the client and our firm considered this a favorable outcome. Although nothing can truly make things right for this woman, a favorable settlement has, at least, allowed her to cope with the situation and have some sort of closure following such a tragic event.

Originally posted at InjuryBoard by Will Parker

Beware of Risks Involved with Lasik Eye Surgery

Will Parker — Tue, 29 Apr 2008 09:27:03 GMT

From an attorney's perspective, I have some advice to potential Lasik clients...but I would like for you to read about recent testimony by a group of Lasik patients. Below is a brief summary of an article on Seattlepi.com. For the full story, click on http://seattlepi.nwsource.com/national/360757_lasik26.html?source=mypi

Patients who suffered adverse reactions after Lasik eye surgery urged federal health advisors last week to initiate stronger warnings for the all-too popular procedure. Testifying before the Food and Drug Administration's advisory staff, the patients complained of life-changing side effects including worsened vision, severe dry eye, glare and the inability to drive at night. The advisory panel will likely recommend the agency provide clearer and more specific warnings for potential Lasik patients.

O.k. - Now to my recommendation. Potential patients, please do your homework prior to having the procedure done. The best price does not usually equal the best work. Obviously, eye surgery is a huge decision. There are many fine eye doctors out there, but there are also ones who favor quantity over quality.

Originally posted at InjuryBoard by Will Parker