Articles Posted in Medical Malpractice

For many people, going to the dentist is something to be dreaded. Maybe it’s the worry over a dentist’s drilling or the general dislike of having someone poke around in your mouth, but most people wouldn’t mind putting off a dentist appointment as long as possible. However, dental care is essential to overall health, and you shouldn’t be skipping out on dentist appointments.

Like other doctors, dentists are also subjected to medical malpractice from time to time, and patients should expect the same standard of care from dentists as they would any other doctor or physician. Unfortunately, some dentists do slip up from time to time, as was the case with a root canal operation that went painfully wrong.

Back in March 2011, Supriya Sarin went to see her dentist, Darryl Simms, at the Farmington Family Dentistry for a root canal procedure. This procedure is used on teeth that are decaying or are infected, and with a good dentist, they can be saved. During the root canal procedure, a dentist will go into the tooth were the nerve and any pulp may be hiding. After cleaning this out, he or she will thoroughly clean the tooth and then reseal it to try and prevent the infection from happening again. Most people assume this procedure is very painful, but others report it as no more painful than the average tooth filling.

After years of trying to fix the healthcare system with the Californian prisons, it seems that things may finally be looking up, at least for state prisons. According to reports from “PolitiCal,” a section of the Los Angeles Times, contract prisons, which are known for taking on the overflow of inmates, have not seen the same improvements in the healthcare system just yet. J. Clark Kelso, the federal receiver who was appointed by the courts, has filed his most recent report, and though they show some optimism, it’s clear that there’s a long way to go.

The problems of the prison healthcare system first came to light back in 2006. U.S. District Judge Thelton Henderson insisted that prison healthcare reform was greatly needed after it was officially determined that one inmate per week was dying because of medical malpractice. Henderson put together a comprehensive plan that would work towards ending these oversights, pointing out improvements that had occurred over nine years.

Kelso also concluded that improvements had been made. For example, the state had doubled the annual budget for prison health, and the population of prisons has decreased by about 40,000 inmates. His report also showed that the prisons had a solid medical staff on hand, and the processes that led to patients being diagnosed and treated were running smoothly. The prisons had also instated a process that would catch oversights in the prison healthcare system especially when inmates received poor care,

When a patient checks into the ER, most of the time they are sick or in a lot of pain. Their minds might not be as sharp as usual, and they might have other things to worry about than signing release forms. These forms, however, may become the center of a lawsuit that could come to trial in the near future.

A California hospital’s liability is at the center of this release form lawsuit. In August 2008, Dean Whitlow awoke to hear his mother screaming uncontrollably. She claimed to be having the worst headache of her life. She was in such agony and Whitlow decided there was nothing to do but take her to the emergency room. On the way, she vomited in the car, and when they got to the waiting room at Rideout Memorial Hospital, she vomited again.

According to court documents, her pain ranked at a 6 out of 10, but would periodically spike to 10 out of 10. When the hospital staff asked her to sign a “Conditions Admissions” form, but her son insisted that she was so overwhelmed with the pain and nausea and she was crying uncontrollably. There was no way for her to be able to consent to these forms or even read them. Whitlow also stated that no one on the hospital staff ever read the statements to her in order to help her out.

Making the decision to undergo cosmetic surgery is a major choice that should be thoroughly thought out before agreeing to go through with it. For some, it’s a matter of helping them feel normal again after an accident leaves their body scared. For others, it’s about feeling great about yourself after battling breast cancer. Not all cosmetic surgery procedures are purely about vanity, so it’s important that all cosmetic surgeons take the best care of their patients, no matter what their need for cosmetic surgery is.

A Rocklin cosmetic physician is currently under house arrest after being charged with 112 felonies. Dr. Efrain Gonzalez, a cosmetic surgeon who owned his own practice, must face house arrest for the next three months to serve out the sentence of the plea deal he made with the Placer County District Attorney’s Office. On May 7, 2015, he gave an official plea of no contest to the charges that had been brought against him – conspiracy to perform medicine without a license as well as tax evasion.

In addition to house arrest, he must also pay $100,000 that will go into a fund dedicated to helping the victims who decided against suing Gonzalez. What makes this story even more interesting is that his wife, Dr. Yessennia Candelaria, had her charges dismissed as part of the agreement. Originally, the state of California was going to revoke her license, but instead, she has been put on probation for seven years. She is allowed to practice medicine, but the Medical Board of California will be watching her every move.

Since the widespread use of the internet, it’s become easier and easier for patients to research their own doctors and surgeons. This better prepares them for any major surgeries and encourages trust between doctors and patients. Because medical records and medical malpractice information is a matter of public record, patients now have the power to pick the best surgeons for their health needs/

But what happens when a doctor is moving around the country and uses different aliases? This was the case of Birmingham doctor Aria Sabit, who been accused of performing bad spinal surgeries and sending in fraudulent bills to several healthcare programs. Sabit’s work has crossed state borders many times and stretched from California to Michigan to Alabama. Now the case is in the hands of federal prosecutors, and they’re expecting a guilty verdict to come down.

sacramento medical malpractice lawyerThe case surrounding Sabit stems from the lumbar spinal fusions he performed. During these procedures, he was known to not use the correct medical devices to perform the surgery safely on the spinal columns of his patients. After the surgery was complete, Sabit would allegedly bill the healthcare providers of his patients for many different services – most of which he did not actually perform. His patients believed he had performed the surgery correctly, but the truth eventually came out.

Unfortunately, nothing is perfect in the medical field including medical providers, medications, medical devices and medical treatments.  While medical providers and manufacturers of medical devices strive to provide the best services and products to patients, there will be complications and negligence in the medical field.

Brain-Shunt-ComplicationsBrain shunts are commonly used to treat hydrocephalus.  When the brain shunt fails or develops complications, it can be terrifying for the patient and his or her family.  Our medical malpractice attorneys have extensive experience helping clients determine if the brain shunt complications were due to a preventable and unavoidable malfunction or failure of the brain shunt.

Common Signs that a Brain Shunt is Malfunctioning

The highly publicized medical malpractice case of St. Johns Health Center has finally come to a conclusion. The case involves the elder abuse and general neglect of Ida Waksberg, an 89 year old female patient during a stay in 2009.  A 12 man jury, sworn in on August 18, unanimously found no fault in the hospitals care. Many years of languishing in trial finally saw this case to West District Superior Court located in Santa Monica, where it proceeded to conclusion in a two week trial.

In the initial complaint, the patient’s son filed a case citing inadequate healthcare for his ailing mother when she was admitted in 2009 for hypertension and chest pains and seeking $1.5 million in damages. The plaintiff, the patient’s son, explained that his mother was admitted on a fairly routine visit complaining of pain and discomfort due to chest pains and hypertension. She was admitted for one day for observation. She suffered a fall the day before her discharge and was required to stay for additional medical attention. During the stay she developed a urinary tract infection. A short time later she developed a fatal staph infection. The staph infection developed into endocarditis, eventually travelling to her spine and developing into osteomyelitis.

The plaintiff declared the patients injuries to be a result of the attending nurses negligent care. The hospital claimed all care provided the patient was of the utmost in medical care. With help from nursing and infectious disease experts, the hospital was able to prove they were not negligent. Once deliberation commenced, the jury took only a few hours to reach a verdict.

Neck and back problems can be hard to diagnose. Often, patients visit their doctors repeatedly for years and are never able to pinpoint the exact reason for neck and back pain. Chiropractic care has been used for centuries and generally thought to be safe. This isn’t to say it is without naysayers. There are many respectable detractors who claim this form of therapy is nothing more than voodoo. Others claim chiropractic maneuvers have been scientifically linked to blood clots, stroke and other neurovascular complications.

While the threat of injury is real, so is back pain and it is often unbearable. So much so, many patients take the health risks and seek the help of a chiropractor. Legal professionals agree all patients should be aware of the exact risks and their rights should injury occur at the hands of the chiropractor before making a decision to proceed with care.

Chiropractic manipulations that result in blood clots, stroke or other neurovascular complication or injury may have been caused by the chiropractor’s negligence. The techniques could have been provided incorrectly or without proper safety procedures to prevent injury. Chiropractic doctors are required to adhere to the same strict level of competence as other medical doctors. They are also required to carry medical malpractice insurance.

Malpractice Attorney SacramentoThe birth of a child should be a thrilling time in a woman’s life, but when doctors, nurses and hospital are negligent, new mothers may find themselves facing a painful and long lawsuit instead of late-night feedings.

Last year, a New York judge awarded a young woman $62 million dollars in damages in a medical malpractice lawsuit against Winthrop University Hospital. The jury decided on the verdict as thus: $20 million owed for past suffering and pain, $38 million for any pain and suffering the future and $4 million to be used for medical expenses.

The case began in October 2009 when 32-year-old single to-be mother Stacy Galette checked into Winthrop University Hospital to have surgery. She was currently having an ectopic pregnancy, which means the fertilized egg was still in Galette’s fallopian tube. The surgery seemed to go well, but afterward, Galette complained that she was in extreme pain. She also had an abnormal heart rate as well as a fever. Despite these signs, she was discharged from the hospital.

Review the detailsHealth insurance can be a very complicated subject when you factor in the different types of insurance policies that are available to the public. Understanding the differences of the various insurance policies available is essential to choosing the right insurance policy for you.

Managed Care Organization

A Managed Care Organization (MCO) is part of a Family Care Program that coordinates services from different existing programs and combines them into a single long-term plan of support and services based upon the needs and preferences of the members. MCOs improve the quality of services received by consumers.

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