Medical Malpractice

Injured Motorcyclist’s Medical Care Results in Comatose Condition in Sacramento Personal Injury Lawsuit, Part 2 of 2

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff was taken to surgery at 4:20 p.m., where a hole was found in the stomach with the g-tube floating free in the abdomen. The surgeon concluded that plaintiff had sepsis as the cause of his arrest. Plaintiff suffered a second cardiac arrest that night after surgery but was successfully resuscitated. However, he remained in a coma. He later developed gangrene in both legs, requiring above-knee amputations, as a consequence of his initial injuries.

Plaintiff alleged that defendant hospital nurses were negligent for causing the perforation/peritonitis by improper handling of the PEG tube and failing to notify physicians about plaintiff’s condition. All physician defendants were negligent for failing to diagnose plaintiff’s condition before he suffered a cardiac arrest from sepsis which caused hypoxic brain injury beyond his initial brain injury from the motorcycle accident.

The defense contended that all care provided was within the standard. Plaintiff presented with a very complicated surgical condition, and he has a very short life expectancy. His initial brain injury would have precluded future employment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Man Sues Hospital For Medical Malpractice After Claimed Failure To Treat

July 27, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Alex’s right foot ulcerations healed, but he had Charcot foot in the left foot. He underwent a mid-foot fusion performed by a podiatric surgeon as well as an Achilles tendon lengthening procedure.

Facts:

In September 2006, plaintiff Kirk Alex, 48, a truck driver, was referred to podiatrist Ben Platt for diabetic ulcerations of his right foot.

Alex sued Platt, contending that Platt failed to diagnose Charcot foot.

Plaintiff’s counsel presented evidence through a forensic document examiner that Platt altered his records by re-writing the notes of each office visit. Platt’s failure to make a timely diagnosis allegedly resulted in a poorer outcome than Alex would have obtained otherwise, as surgery could have been avoided if the foot had been placed in a non-weight baring status. It was the continued use of his left foot that caused fractures and dislocation, according to plaintiff’s counsel. Counsel contended that the left foot condition had started by the time of the initial consultation with Platt on Sept. 20.

Platt responded that the left foot injury had not occurred before Sept. 20. The defense podiatry expert showed bilateral X-rays taken by Platt on Sept. 20 that the left foot injury had not yet occurred. He also put on that X-rays were Alex’s films. The tissue envelope evident in the films was normal and equal in both feet, according to defense counsel.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Negative Outcome of Back Surgery Initiates San Francisco Medical Malpractice Suit, Part 3 of 4

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Post-operatively, plaintiff’s severe pain resolved. Dr. Michaels continued to follow her for several months. At the time of plaintiff’s last visit with Dr. Michaels, plaintiff continued to have proprioception issues, bladder urge incontinence, and decreased sensation in her leg and peroneal areas. Her reflexes were normal. Her left leg strength was 4/5, and her right leg strength was normal. She had returned to work with accommodations.

Plaintiff underwent outpatient physical therapy from September 14, 2007 to October 15, 2007. At the end of this course of therapy, plaintiff could ambulate independently with a quad cane for short distances. Plaintiff also underwent a course of physical therapy from January 9, 2009 to February 17, 2009. At discharge, plaintiff was using a front-wheeled walker for ambulation. According to plaintiff, she requested that therapy be stopped because she did not feel that she was making progress and her therapist agreed.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

San Jose Medical Malpractice Suit Arises When Doctor Falsifies Notes, Part 2 of 3

July 21, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

DOCTOR did not state in his April 30, 2004 Notes Report that he told plaintiff on April 30, 2004 that plaintiff’s free PSA was 21 percent on April 22, 2004 or that he told plaintiff on April 30, 2004 that his free PSA was 26 percent on April 22, 2004, but does state in the report: “His percent free PSA in 10/2002 was 26 percent, indicating no significant risk of prostate cancer at that time.” With this statement, DOCTOR falsified his April 30, 2004 report.

Jensen ordered the free PSA test and the two total PSA tests from plaintiff’s April 22, 2004 blood draw but never informed plaintiff on or after April 22, 2004 that his free PSA test result was 21 percent on April 22, 2004 or the fact that it had dropped from 26 percent on October 30, 2002.

At the April 30, 2004 DRE session, DOCTOR informed plaintiff that his total PSA had come down with the last three total PSA tests. DOCTOR prescribed a two-year testing interval for plaintiff’s next DRE and PSA tests. Plaintiff initially objected and asked DOCTOR, “I’m not going to wake up two years from now with prostate cancer, am I?” DOCTOR responded, “No, you won’t.” Plaintiff responded, “Are you sure?” and DOCTOR responded, “Yes, I am. You are going to be fine. Don’t worry about it. Your last three PSA tests have come down.” Plaintiff responded, “Okay, I’m trusting you.” DOCTOR did not state in his April 30, 2004 Notes Report that he prescribed a two-year testing interval but stated he told plaintiff: “Recommend annual digital rectal examination and serum PSA.” With this statement, DOCTOR falsified his April 30, 2004 Notes Report.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Kaiser Medical Malpractice Suit Arises After Hospital Fails to Recognize Classic Stroke Symptoms

July 20, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Flemming sustained permanent brain damage as a result of an ischemic stroke. He suffers from cognitive impairment and was unable to return to his employment because of an inability to perform complex calculations or to multi-task. He experiences memory loss and confusion and claimed that he is limited in terms of employment options.

Facts:

On March 18, 2008, plaintiff Bradley Flemming, 33, a project manager for an electrical subcontractor, suffered an ischemic left-sided stroke with left inferior frontoparietal lobe, occipital lobe and cerebellar infarcts. Flemming was unable to speak clearly, had difficulty walking, had a major headache and showed other symptoms of a stroke. Flemming was taken by ambulance to Kaiser, arriving within one hour of symptom onset. Kaiser’s employees diagnosed F with food poisoning. Although he could not walk or talk coherently, Flemming was discharged from the hospital.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Personal Injury Case Results When Hospital Fails to Prevent Coma, Part 1 of 2

July 20, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: Plaintiff, age 23, entered defendant hospital on July 6, 2009 after sustaining a severe head and other injuries in a motorcycle accident. He was intubated in the ER and evaluated by a surgeon, who determined that none of his injuries required surgery. While in the SICU, he had a tracheostomy placed on July 20 and a percutaneous endoscopic gastrostomy (PEG) placed on July 21.

Plaintiff remained in the SICU until July 28, when he was transferred to the medical-surgical unit of the hospital. On July 29, at 4:00 p.m., the nurse flushed the PEG line. The family heard a loud pop, but nothing was recorded in the records about this incident. The nurse did call the on-call surgeon about a decreased BP and increased heart rate. The surgeon asked that a cardiologist be called to consult on the patient, but the cardiologist claimed that he never received the page.

That evening, plaintiff began complaining of abdominal pain. On July 30 at 2:00 a.m., the nurse called the on-call surgeon and reported an elevated pulse. He was told that the cardiologist had never come in to see the patient. The cardiologist was called again at 4:15 a.m., and he ordered Cardizem and transfer to the Cardiac Care unit, which occurred at 5:45 a.m. At 7:00 a.m., the cardiologist came to examine plaintiff, and he ordered tests to rule out a pulmonary embolus. Defendant surgeon saw plaintiff at 8:00 a.m. and ordered that plaintiff be moved to the Medical ICU for a stat chest x-ray, which was read by defendant radiologist as normal.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Family Claims Medical Malpractice After Child Dies From Sudden Respiratory Arrest, Part 2 of 2

July 20, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Ramon’s parents and sister sued Dentistry for Children and Adolescents, Aarons, Anders and Maker, alleging professional negligence, wrongful death and negligent infliction of emotional distress. Before trial, the sister dismissed her cause of action, and the office, Anders and Maker were dismissed. The case went to trial against Aarons.

Plaintiffs’ counsel argued that the registered dental assistants failed to alert Aarons to the fact that Ramon was nonresponsive. Aarons was 10 feet away when this occurred and one of the registered dental assistants went by Aarons on his way to call 911, but didn’t alert Aarons to the situation. The dentist office has 02 under pressure, oxygen masks and crash carts with epinephrine, which were all items Aarons was trained to use. If Aarons had been called, he would have employed the appropriate emergency equipment that would have saved Ramon’s life, plaintiffs’ counsel contended.

The plaintiff registered dental assistant expert testified that a dental assistant should have alerted Aarons that there was a nonresponsive patient by intercom or in person and brought him back to the room to administer CPR or use the ambu-bag as he was trained to do. The expert testified that either registered dental assistant had the duty to prevent, without physical restraint, the plaintiffs from leaving the practice with Ramon after 911 had been called.

The plaintiff pediatric neurology expert testified that it was more likely than not that if CPR had been administered to Ramon at the office, he would have survived.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Patient Sues San Francisco Physician For Medical Malpractice, Part 2 of 4

July 20, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Between August 9 and August 21, 2007, uncertain whether the suspension precluded him from communicating with patients, defendant had several telephone calls with plaintiff. Defendant intended to see and treat plaintiff after his suspension was lifted. However, as it turned out, defendant never saw plaintiff in person after August 8, 2007. Ultimately, defendant resigned his position with his employer.

On August 16, 2007, plaintiff saw Dr. Natalie Salman, M.D. for her post-operative complaints of pain and numbness. Dr. Salman examined plaintiff and found her to have 5/5 strength and normal reflexes in both lower extremities. Dr. Salman found no objective neurological signs that suggested that plaintiff had an emergent neurological condition. The only significant positive findings were decreased sensation on the left side of plaintiff’s back at T3-T5 and patchy loss of sensation in the left leg. Plaintiff only complained of pain at the surgical site. Dr. Salman ordered an MRI of plaintiff’s spine and called Dr. Melon to discuss what was done during surgery. Dr. Melon informed her that he would follow up with the patient and the results of the MRI.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Patient Alleges Failure to Timely Diagnose Prostate Cancer at San Jose Hospital, Part 1 of 3

July 14, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to court records: On April 22, 2004, plaintiff Bill Fleese went to defendant San Jose hospital (“HOSPITAL”) to have blood drawn for both a total and a free Prostate-Specific Antigen (“PSA”) test. On April 30, 2004, plaintiff met with defendant Doctor for a Digital Rectal Examination (“DRE”) and a total and free PSA tests review and evaluation for the first time. Plaintiff was a patient of Mitchell Jensen, M.D., a general practitioner, and Jensen had referred plaintiff to DOCTOR, a urologist. DOCTOR stated that plaintiff had a “strong family history of prostate cancer.” He stated in his April 30, 2004 Notes Report: “Bill Fleese is a 62-year-old gentleman who comes in because of a family history of prostate cancer and a PSA and prostate check.” Jensen had previously ordered the two total PSA tests and the free PSA test conducted from the blood drawn from plaintiff on April 22, 2004. The report indicated that on April 22, 2004, plaintiff had a 2.7 ng/ml total PSA and a 21 percent free PSA.

Plaintiff telephoned DOCTOR’s office on April 28 or April 29, 2004 to confirm that DOCTOR had the total and free PSA tests results from the blood drawn on April 22, 2004, and plaintiff received confirmation from DOCTOR’s assistant that DOCTOR had received the April 23, 2004 report with the total and free PSA test results.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiff Alleges Surgeon Caused Herniated Disc in Kaiser Medical Malpractice Case

July 13, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Rutters claimed that the surgical resident performed the banding procedure negligently, causing him excruciating pain. During a hemorrhoidectomy April 13, Rutters was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, he claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.

Facts:

On April 5, 2006, plaintiff Herman Rutters, 35, a master diesel mechanic, underwent a hemorrhoidbanding procedure at Kaiser Permanente in San Diego. The procedure was performed by a third-year surgery resident from the University of California-San Diego.

Rutters underwent a surgical hemorrhoidectomy April 13. During the hemorrhoidectomy, he was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, Rutters claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.

Rutters sued Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group. He alleged that he received negligent treatment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.