Articles Posted in Medical Malpractice

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 Blain 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 Flemming with food poisoning. Although he could not walk or talk coherently, Flemming was discharged from the hospital.

Flemming claimed Kaiser’s emergency room physicians failed to perform a proper neurologic work-up for his stroke, failed to obtain a consult from a neurologist and failed to administer tissue plasminogen activator (tPA), a known clot-busting drug. Flemming alleged that administration of the drug would have resolved his stroke symptoms.

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

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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.)

INJURIES: Katlyn was diagnosed as a functionally complete T-10 paraplegic. The plaintiffs asked for an award of $15.8 million: $632,970 in past economic damages, $10,208,009 in future economic damages and $5 million in past and future general damages.

Facts:

On Dec. 27, 2005, minor plaintiff Katlyn Soosh, 4, was a lap and shoulder belted rear seat occupant of a 2004 Chevrolet Tahoe when it was involved in a single-vehicle accident on Interstate 5, in an unincorporated part of San Jose County. Katlyn was transported by a helicopter to Children’s Hospital of Central California, and upon arrival her care was directed by pediatric trauma surgeon, Dr. Derrek Melon. Katlyn’s initial examination revealed an abdominal injury from the seat belt that required surgical repair, as well as mid-back swelling and suspected spinal ligamentous injury. No written orders were made at that time regarding instituting spinal precautions. The initial X-ray of the lumbar spine was originally read by the radiologist as negative, but later changed to reflect a probable chance fracture at L2-3. Melon performed the abdominal surgery.

Katlyn, by her guardian ad litem, sued Melon, alleging medical malpractice. The hospital was also sued, but it settled out prior to trial.

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

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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.)

INJURIES: Vasquez lost his life.

Facts:

On Aug. 28, 2007, plaintiffs’ decedent Larry Vasquez, 62, retired, was brought via ambulance to a South San Francisco emergency room with complaints of shortness of breath that had been increasingly worsening over the previous several days. He was morbidly obese with a history of respiratory problems including obesity hypoventilation syndrome, obstructive sleep apnea and chronic obstructive pulmonary disease which had necessitated his intubation on two previous occasions in less than one year.

While in the ER, Vasquez experienced respiratory arrest and severe anoxic insult to his brain. He died several weeks later.

Vasquez’s three adult children sued for medical malpractice.

On ER arrival, Vasquez’s oxygen saturations were noted to be 88 percent on room air and the emergency physicians evaluated and placed him on BiPap, according to plaintiffs’ counsel. When oxygen saturations did not improve on BiPap and Vasquez became progressively more obtunded, ER physicians decided to intubate. Counsel claimed that multiple attempts at intubation were made by two separate physicians. The last intubation was believed to be placed tracheally, however, yellow fluid was seen coming from the endotracheal tube 13 minutes after the intubation. Physicians reportedly claimed that Vasquez suddenly became bradycardic and ultimately asystolic.

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

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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.)

Plaintiff returned on February 25, 2009. She was seen by defendant. This day she complained that the left lateral border of the tongue was painful. A white lesion was present that could not be wiped off.

On February 25, defendant referred plaintiff to an oral surgeon for evaluation of the white lesion on the left lateral border of the tongue. The doctor’s referral sheet noted that it had been there for a while and was becoming painful. Defendant understood the lesion had been there for several weeks.

Plaintiff, instead, went to her primary care physician, who referred her to a different oral surgeon. She underwent an incisional biopsy from which the cancer diagnosis was made. She was then referred to an ENT physician, who took a history from plaintiff that the lesion had developed recently. He referred plaintiff to a Head and Neck surgeon at StanFlemming University Medical Center.

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

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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.)

He argued that regardless of whether the surgical resident met the standard of care, something “negligent” must have occurred during the hemorrhoidectomy surgery that caused his herniated disc. He asserted liability based on claims of professional negligence and the legal doctrine of res ipsa loquitur.

The respondents contended that the surgical resident met the standard of care during the performance of the April 5 banding procedure. They further contended that the surgeon and the operating room staff involved with the April 13 hemorrhoidectomy complied with the standard of care and that Rory did not suffer a herniated disc during that surgery. They contended that even if Rory suffered a herniated disc during the hemorrhoidectomy surgery, it was not due to any negligence on the part any of the operating room staff.

Rory was treated with physical therapy, epidural spinal injections and other conservative treatment. He was referred to a neurosurgeon and underwent spine surgery in December 2006. Rory initially showed some improvement but then relapsed and was ultimately diagnosed with failed back surgery syndrome. He never returned to work and claimed that he has been unable to perform any strenuous physical activity.

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

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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.)

Lemons performed the cardioversion on April 17, 2007. Two days later, Garvey was seen by her primary care physician with a blood pressure of 202/64, nosebleeds and high blood sugar. The primary care physician decreased the dosage of her antihypertension medication.

On April 20, 2007, Garvey was admitted to a hospital in San Jose as she had become unresponsive due to a stroke. A CT scan of the brain performed on the same day showed no hemorrhage.

A CT Scan taken April 21 indicated a stroke involving the basal ganglia, internal capsule and right mid-brain. Garvey was a “do not resuscitate” patient and life support was discontinued that day.

Garvey’s widower and children sued Lemons, alleging that a cardioversion must not be performed unless a patient is adequately anti-coagulated pursuant to American College of Cardiology Guidelines, both before and after cardioversion, and that Lemons’s decision to proceed with cardioversion with the patient unprotected, given the inadequate anticoagulation, was below the standard of accepted care. The plaintiffs contended that Garvey sustained a cardioembolic stroke three days after her cardioversion which resulted in her death.

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

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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.)

The plaintiffs contended that a general anesthesiologist should have been employed during the second procedure because the decedent had undergone an ERCP procedure five days earlier, during which she proved to be difficult to sedate and became combative during the procedure. The plaintiffs argued that if a general anesthesiologist was managing her airway, her exhaled carbon dioxide would have been monitored through capnography and the respiratory arrest that led to a cardiac arrest would have been prevented. The plaintiffs also contended that there was a failure to competently assess the decedent’s airway and remove the endoscope when the decedent’s pulse oximeter readings dropped and then became undetectable. The plaintiffs argued that once it was noted that the decedent was in ventricular tachycardia, six minutes elapsed before the Code team attempted cardioversion.

The plaintiffs relied on their experts in anesthesiology and cardiology, who contended that as soon as a crash cart was brought into the room, within a minute or two of calling the Code, the decedent should have been defibrillated.

The defendant argued that it was within the standard of care not to use an anesthesiologist for the second ERCP procedure and to proceed with a sedation nurse without the benefit of capnography. It added that standard sedation medications and dosages were used, and changes in the oxygen saturation readings were not reflective of an obstructed airway or respiratory arrest. The decedent’s oxygen saturation values returned to the high nineties when a second pulse oximeter was employed, and it was only after the decedent independently developed an arrhythmia that ventricular tachycardia developed and she arrested.

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

Continue Reading ›

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.)

Plaintiff returned March 4, 2004 for a prophy. That day the area on the tongue was described as improved.

On June 2, 2004, plaintiff was seen again for an apthous ulcer on the tip of her tongue. The associate dentist placed Debactrol on the area to cauterize the ulcer.

Plaintiff returned December 8, 2004 for a prophy. The hygienist noted an apthous ulcer on the left side of the tongue on the lateral border. The patient was shown the area and advised to monitor it.

Plaintiff returned on October 10, 2006. There were no complaints voiced. The hygienist wrote “watch tongue, not too scalloped.” Plaintiff had developed a habit of sucking on her tongue which caused the tongue to have a scalloped appearance from the back side of the teeth.

Plaintiff returned on February 14, 2007 for a prophy and examination. No complaints were referable to plaintiff’s tongue. The hygienist noted the oral hygiene was fine and the gingival tissues were light, firm, and pink.

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

Continue Reading ›

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: Rory claimed that the surgical resident performed the banding procedure negligently, causing him excruciating pain. During a hemorrhoidectomy April 13, Rory 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 Rory, 35, a master diesel mechanic, underwent a hemorrhoidbanding procedure at Kaiser Permanente. The procedure was performed by a third-year surgery resident.

Rory 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, Rory claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.

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

Continue Reading ›

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.)

INJURIES: Garvey died from a stroke. Her husband and children sought recovery of non-economic damages of between $400,000 and $500,000. The plaintiffs sought recovery of damages for future loss of parental guidance, future loss of companionship, future loss of financial support and funeral expenses.

Facts:

In December 2002, plaintiffs’ decedent Pamela Garvey, 74, began cardiology care with Dr. Neil Lemons. Garvey underwent a coronary angiography with stent placement, coronary artery bypass graft surgery and pacemaker placement.

Garvey had multiple medical risk factors including hypertension, hypercolesteremia, diabetes and peripheral vascular disease. She also had a stroke of the posterior cerebral artery distribution in December 2000.

After attending regular visits with Lemons in 2003 and 2004, Garvey didn’t attend office visits in 2005. In 2006, she indicated that she was no longer willing to take statins, aspirin or undergo treadmill examinations. She chose to take medications prescribed by her primary care physician, including L-Arginine for her high blood pressure and hypercholesteremia, and Byetta for diabetes.

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

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