Even two women who used to work at the Modern Medical and Weight Loss facility have come out against the physician's assistant -- who is also the owner -- accusing her of doing things that put patients at risk.
]]> According to the complaint, the medical records for many of the patients show that medical exams were not completed and that a treatment plan was never created.Other claims against the owner include that she would prescribe, administer and dispense dangerous medications to patients without any indications that these drugs were actually needed to treat the women's symptoms. Often times, a person would come in and have an identical diagnosis as the woman from the previous week, or the woman who would come in next.
In one case, a 48-year-old woman's testosterone levels went up to five times the normal amount after seeing the physician's assistant.
This recent formal complaint is the second one that has been filed against the owner from the state's medical board. The first one is still pending.
And while in this case the owner is denying any of the allegations and is claiming there is a connection between one of her former employees and a member of the state board, the truth is that there are sadly cases of medical malpractice that surface throughout the country due to a doctor not properly diagnosing patients or making medication errors.
Source: KTNV, "Modern Medical owner charged with malpractice," Darcy Spears, May 17, 2012
]]>When looking at what happened, the truck accident took place around 10:48 a.m. At the time, the 63-year-old was driving a John Deere backhoe on Route 997 in Fayetteville, Pennsylvania, when his vehicle was rear-ended by a tractor-trailer. The tractor-trailer was being operated by a 32-year-old.
]]> The impact of the collision caused the tractor-trailer to swerve into the southbound lane, which forced a third vehicle off of the roadway and into a tree.After the crash, while the driver of the backhoe was flown by helicopter due to his unknown injuries, the driver of the tractor-trailer and the car that collided into a tree both suffered minor injuries.
When looking at this accident, while it was not reported in The Record Herald what caused the crash, it does raise several questions. For example, why did the tractor-trailer rear-end the backhoe? Was the truck driver speeding? Not paying attention? Was there something wrong with the truck to prevent it from stopping in time?
In general, whenever there is a motor vehicle accident between a tractor-trailer and another vehicle, these are just some of the questions that could arise during an investigation. In this case, like in others, if it is determined that the truck driver was to blame for the accident, there is a chance that he could end up being held liable.
Source: The Record Herald, "The Monitor: Motorist flown after accident," May 16, 2012
]]>Recently, a group of medical societies made recommendations to encourage doctors to tread a little more lightly when it comes to ordering tests. This in turn could end up resulting in doctors not automatically ordering a routine chest X-ray before a surgery or first ordering an ultrasound for child with suspected appendicitis, which could prevent the child from being subjected to unnecessary and possibly damaging high levels of radiation.
]]> When looking at overtreatment -- meaning doctors who order a litany of tests and procedures that may not really be necessary -- sources say the overuse is for a number of reasons, including doctor habit and physicians receiving financial incentives.However, with these recommendations, one has to look at the other side of the coin too. Without running some of these tests, could this lead to a delayed diagnosis of a patient? Could this in turn lead to even more medical malpractice lawsuits being filed against doctors, hospitals and medical staff?
In the end, one thing that is known for sure is that patients should be involved in decisions regarding their health. This means not being afraid to ask physicians questions before any test of procedure. These questions should include what the test measures, what options there are, what the risks and benefits of a test of procedure are and what would happen if nothing was done.
Source: Times Union, "5 questions you should ask to avoid overtreatment," May 4, 2012
]]>The accident happened when an empty sludge barge being guided by a tugboat crashed into a duck boat. At the time, there were 35 passengers and two crew members aboard the boat. The two students, ages 20 and 16, were the only ones killed in the crash.
The lawsuit names several defendants, including the city of Philadelphia, which owned the barge, the operator of the tugboat and the operator of the tour boat. However, the operators of the tugboat and tour boat have asked the judge to cap the limit of financial liability at $1.8 million, which would be the monetary value of the tug and duck boats.
]]> However, when looking at a cap under the Limitation of Liability Act, this is typically only done in cases where the operators can prove that there was no knowledge of problems before a fatal accident. In these wrongful death lawsuits, attorneys for the families claim this is far from the truth.According to a report by the National Transportation Safety Board, on the day of the crash the duck boat had overheated due to a mechanic not putting back on a radiator cap during an inspection. However, the duck boat captain mistakenly thought the steam was from an engine fire and quickly shut down the boat in the busy shipping lane. Moments later the duck boat was struck by the barge.
Additionally, the duck boat was reportedly not equipped with an adequate emergency radio or air horn, and passengers were not told to put on lifejackets until it was too late.
Lastly, when it comes to the tug operator, the pilot was sentenced back in November to a year in prison after it was learned that he was on his cellphone right before the crash. He had even reportedly moved to a part of the tug boat that blocked his view of the river and turned down the marine radio.
Looking to the future, it will be interesting to see if the judge takes these supposedly known issues and blatant disregard for the law that bars cellphone use while on duty into account when ruling on whether or not there should be any kind of financial cap.
Source: The Associated Press, "Fatal duck boat crash civil trial begins in Philly," Joanne Loviglio, May 6, 2012
]]>Medical malpractice was at the heart of one recent case where a family claimed that due to a cesarean section not being done in a timely matter at a Pennsylvania hospital, their child suffered from a birth injury that will affect the child for the rest of their life. The child, who is now 3 years old, has severe spastic quadriplegic cerebral palsy.
]]> The medical malpractice lawsuit had gone to trial on April 13 in the Philadelphia Court of Common Pleas. On Friday the hospital, Pottstown Memorial Medical Center, was ordered to pay the family $78.5 million. As of now, the medical center does not have a comment regarding the outcome of the case.According to the lawsuit, the child's cerebral palsy was caused by the fact that medical staff waited 81 minutes to perform a cesarean section delivery.
This $78.5 million award will be used for a number of reasons, including past and future medical costs associated with caring for the child, as well as for lost earning and the pain and suffering the child went through and will continue to go through. The emotional distress of the mother was also taken into account when determining the award.
Source: Philadelphia Business Journal, "Pottstown hospital ordered to pay $78.5 million," May 4, 2012
]]>It turns out both of these driving behaviors -- not turning off or not using a turn signal -- are very common and lead to millions of motor vehicle accidents every year in the United States.
]]> A recent study conducted by the Society of Automotive Engineers found that 48 percent of all drivers are guilty of either not using or not turning off a blinker. This in turn ends up being responsible for 2 million crashes a year.What's interesting about this first-of-a-kind report is that while not using a turn signal properly leads to millions of accidents, distracted driving is actually what tends to get all of the attention of the media and government officials. In fact, right now preventing distracted driving is one of the top areas of concern for the U.S. Department of Transportation. However, what this new report points to is that distracted driving causes far less accidents than turn signal mistakes.
Looking to the future, the study suggests that a Smart Turn Signal system would be complimentary to the Stability Control System in motor vehicles. With stability control, the goal is to prevent one-vehicle crashes. With a turn signal system, the goal would be to prevent multi-vehicle accidents by having a timer or delay that would turn off a signal after a driver has safely made a turn.
Source: msnbc, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein," May 3, 2012
]]>An example of this goes back to March 2011 when a man died after medical staff improperly removed a catheter. After his death, a probate document claims that the family of the man had a "cause of action" against the medical center where the medical error was supposedly made.
]]> In this case, an actual wrongful death lawsuit was never filed. Instead, the medical center decided to settle for $10 million with the family. As part of this settlement there is a stipulation in place that states neither the family nor the medical center can publically say anything negative about the other.When looking at what happened, the man had been very ill battling stomach cancer. However, when he died, the coroner ruled that it was not the cancer that killed him, but rather the improper removal of a catheter. This improper removal had happened at the medical center during what was considered a routine procedure.
In settling the case for $10 million, the hospital did not admit any fault. However, even in cases that end up being settled and not going to trial, many times the settlement still ends up providing much needed relief and closure to surviving family members.
Looking to the future, the settlement money will be going to a combination of family and a charitable foundation that was founded in honor of the former newspaper owner.
Source: Chicago Tribune, "U. of C. Medical Center reaches $10 million settlement in James Tyree case," Becky Yerak, April 23, 2012
]]>According to a recent report, the infant was born healthy, but died when he was only two-months-old after a routine check-up. At that time of this check-up, vaccinations were administered and he was prescribed Concentrated Tylenol Infants' Drops to combat symptoms often associated with the vaccines. The parents were provided with appropriate instructions.
]]> Within days of ingesting the Tylenol drops, the otherwise healthy baby began to deteriorate. Only three days after being given the drops he lost consciousness and was transported to the hospital. He died the same day he arrived at the emergency room.It turns out this particular Tylenol product was part of the recall that was initiated only 13 days after the baby passed away. It was later confirmed that the drops were contaminated with a bacteria known to cause sepsis and death.
When looking at the recent wrongful death lawsuit that the family has filed against the company and its distributor, apparently the Food and Drug Administration was on notice that there was a problem at the manufacturing plant. In fact, the FDA received 775 reports of problems caused by Johnson & Johnson products, including 30 deaths between 2008 and 2010.
Overall, while this case is surely frightening and sad, the lawsuit itself does highlight the fact that manufacturers can be held liable when their product ends up leading to injuries or death.
Source: Courthouse News Service, "Parents Say Bad Tylenol Killed Their Baby," Jack Bouboushian, April 18, 2012
]]>If the patient happens to be a child, then it should be expected that particular attention will be paid to ensure that the patient is responding well to the treatment plan, and has not developed additional medical problems from the prescribed course of action. This is especially true when addictive drugs are being prescribed.
]]> Unfortunately, this may not have been the case in a recent wrongful death lawsuit filed against a doctor. The allegations are that this doctor was responsible for the care of a young girl. She treated the girl for an approximately three month period, during which time the girl was prescribed narcotics for her medical condition. At the end of the three months, the girl died from a drug overdose of the prescribed medication.Of course, the mother of this now deceased girl thought she was placing her daughter's care in the hands of someone who would treat her daughter's life with proper care and attention. However, she says that the care the girl received resulted in her daughter's loss of life.
The mother claims that not only did the doctor fail to understand this girl's medical history and properly examine her before prescribing the prescription drugs, she also failed to closely monitor the girl's progress while on the drugs and failed to recognize that a substance problem then arose.
Pennsylvania parents generally rely on doctors and trust their judgment in the medical treatment of their children. However, this story should be a wake-up call to parents who believe that doctors are infallible. Doctors make mistakes all the time, but at the very least they should be providing their patients with an acceptable standard of care.
Source: The Madison Record, "Narcotics overdose is subject of Madison County malpractice suit," Andrea Dearden, April 19, 2012
]]>Unfortunately, one woman who was in very good health suffered a wrongful death shortly after she was dropped twice in one day by her caretaker. The caretaker dropped her both upon exiting a vehicle and when trying to get her back into the vehicle. Shortly thereafter, she was in pain and had a very large bruise on her body. She was admitted to the hospital with a massive hematoma. Only two weeks later she died.
]]> The employer in this case hires caregivers to help seniors with activities such as bringing them to appointments. However, the company never ran a background check which would have uncovered that the caretaker who allegedly dropped the senior citizen was not qualified to work with patients directly.The employee was fired two days after the incident occurred. The employer apologized to the deceased woman's family. The employer maintained that they have a good reputation of excellent care, and that they properly trained the caretaker, who then failed to follow proper safety procedures.
Is this sufficient for the family members who have suffered the loss of their loved one? Perhaps not. In this case, the family is considering their options, including the possibility of bringing a wrongful death lawsuit against both the employee and the employer. There has been no word of any settlement offers.
Source: Star Tribune, "Whistleblower: Her caretaker wasn't vetted," Kelly Smith, April 17, 2012
]]>This idea of driver safety and truck company liability was at the heart of a recent wrongful death lawsuit. The case ended up never going to trial. Instead, a $9 million settlement was reached with the family of a decreased man who died when another truck collided with the one he was driving.
]]> The fatal accident happened on April 8 at 1 p.m. At the time, the other driver had suffered a seizure while behind the wheel, which caused him to lose control of his tractor-trailer and swerve into oncoming traffic.Just three weeks prior to the fatal crash, the driver who caused the accident had suffered from another seizure requiring treatment by an ambulance crew. At that time, he was examined by a doctor and cleared to resume driving. However, in a deposition this same doctor claimed he was unaware of the initial seizure.
One could presume that had the doctor known this, it may have changed his decision regarding whether this truck driver should have been driving.
In the wrongful death lawsuit, the claim was that the company the truck driver worked for had an obligation to take the driver off of the road due to the seizure, but they did not. Therefore, the family was claiming the trucking company should be held liable.
Source: The Commercial Appeal, "$9M awarded in wrongful death settlement," Michael Lollar, April 11, 2012
]]>Recently, an anesthesiologist mistake was at the core of a medical malpractice lawsuit. The lawsuit was filed after a 66-year-old woman ended up dying after going in for surgery to have thyroid and parathyroid glands in her neck removed. The claim was that when she was put under, her breathing tube had moved and her brain was not getting enough oxygen.
]]> After the surgery, the woman never woke up, and she later ended up dying after being taken off of life support.In this medical malpractice lawsuit, the anesthesiologist was named for not realizing that the breathing tube had in fact moved and for not treating her very low blood pressure during the surgery.
In the end, after three days of deliberation, the jury agreed that the anesthesiologist had acted negligently, which ended up leading to the woman's untimely death. The woman's son was awarded $1.2 million in non-economic damages and the estate was awarded close to $35,000 in economic damages.
For the family of this 66-year-old woman, while they never imagined that she would die as a result from the surgery, the oldest of the woman's eight children said the medical malpractice lawsuit verdict did provide needed closure.
Source: mlive.com, "Lawton family awarded $1.23 million by Kalamazoo jury in medical malpractice lawsuit," Lynn Turner, April 3, 2012
]]>Recently, one county judge approved an $8.3 million settlement that stemmed from a medical malpractice lawsuit case where an infant ended up dying due to a medication error.
]]> According to the lawsuit, the infant was born four months premature. He was about 40 days old when he ended up dying after the incorrect amount of sodium was put into his IV bag.The hospital claimed a process error was the reason for the mistake. It turns out the information related to the dosage of sodium for the IV bag was incorrectly entered into the machine that mixes up the solutions for patients.
In this case, the hospital decided to settle instead of go to trial.
In general, medication errors can occur in a number of different ways. Like in this case, there can be an error in the amount given to a patient. However, in other cases, doctor's can fail to take into account that existing medications could react negatively with a new prescription, or a medication can end up mixing badly for a person who has an already known allergy.
Regardless of how it happened, it's important for patients to remember that while medication errors can be very dangerous and even deadly, there are legal actions that can often times be taken against healthcare providers in order to hold them accountable for the damage that was done due to their mistake.
Source: Business Insurance, "Hospital settles with family of infant who died from too much intravenous sodium," Judy Greenwald, April 5, 2012
]]>Looking back, according to sources, in the days leading up to her death, the woman had gone to several hospitals complaining of leg pain. At the last hospital she went to, she was arrested after refusing to leave the emergency room. She was taken into police custody after a doctor claimed she was in good enough health to be taken to jail.
]]> A local newspaper has since obtained video surveillance of the jail. There she is seen being carried into a cell, and can be heard crying and moaning in the minutes leading up to her death.An autopsy has since revealed that she died from blood clots that had in fact formed in her legs and traveled to her lungs.
Now, the woman's family claims that the 29-year-old was treated unfairly. The health center that she was arrested from is trying to defend their actions. A statement released from the hospital reports that appropriate tests and medical guidelines were followed, but that unfortunately, the blood clots were not discovered.
At the time, the 29-year-old was homeless, and her children were living with her mother. According to sources, the woman ended up in her financial situation after a tornado destroyed her home, and she subsequently lost her job. From May up until her death she lived in a total of four separate homeless shelters.
Source: msnbc, "Hospital: Mom booted from ER who died in jail was treated appropriately," April 2, 2012
]]>For her son, the boy was only 15 years old. At the time, he was given a medication that caused a perforated ulcer. According to the mother, since he was young and healthy, doctors and nurses were not on the lookout for complications. It wasn't until he went into cardiac arrest that anything was done about his condition. By that time, it was too late and he ended up passing away.
]]> Now, his mother offers a number of tips to patients and their family members in order to hopefully prevent more needless deaths.The first is to know exactly who you are dealing with. In her situation, it was on a weekend and family had a hard time getting past the intern and first-year resident in order to talk to people higher up the chain of command. Because of this, she suggests knowing ahead of time who to talk to in case there is an emergency and you need answers.
Aside from knowing the hierarchy when it comes to hospital staff, it's also a good idea for patients -- or a patient's family member or friend -- to be looking at the patient's medical record while in the hospital. This can be a good place to see any potential issues or concerns.
Patients also need to not be scared to ask questions, like what the procedure is, who will do the surgery, is the surgeon's medical background, what the infection rate is and what the recovery is most likely going to be like. Aside from that, patients should also know what would happen if they elected not to do the surgery.
Of course these are just some of the many precautions to take. And while these tips can possibly prevent complications, it's important to remember that medical staff have an obligation to patients, and if it at all seems like negligence in any way caused complications -- or even death -- many times medical staff and the hospitals they work for can end up being held liable.
Source: The Connecticut Mirror, "A patient survival guide, from a mother who learned too late," Arielle Levin Becker, March 8, 2012
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