Articles Posted in Medical Malpractice

A well-known cardiac surgeon has allegedly failed to remain in the operating room until the patient’s chest was properly closed during a 2012 cardiac surgery, he did not designate a physician to take over care when he left, and did not respond to the patients decline in health as a result of the surgery, according to a medical malpractice claim filed in the Superior Court of California for Fresno County in December of 2013.

The actual reasons behind the patient’s death went unknown for several months. It wasn’t until mid-October 2013, when the patient’s wife received an anonymous phone call from medical staff saying the surgeon was at fault. It was a shock to find out her husband had been treated to negligently and died in such a careless and avoidable manner.

The unknown caller severely condemned the surgeons care as the reason for death and claimed he left a surgical tech to close the gaping hole left from cardiac surgery. The patient suffered severe blood loss, cardiac arrest and was placed on life support.

The statute of limitations is a big issue in medical malpractice cases. In Sacramento, a victim must begin the legal process within one year from the date the injury was discovered. In some cases up to three years grace period is granted. Cal. Civ. Proc. Code § 340.5 (West 1992)

In cases of a retained foreign body, such as a sponge left inside the body during surgery, the claim can reach for as long as it takes the claimant to discover the entity. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989. – See more at:

Another reason it could take longer than one year is if the complaint is on behalf of a minor child. However, if the child is under the age of six years the action must have commenced within three years prior to the eighth birthday of the child.

A California medical malpractice case citing wrongful death is scheduled for trial later this year in which a California hospital, Sierra Vista Regional Medical Center in San Luis Obispo, is charged with covering up the cause of a patient’s death. In the lawsuit the hospital and the surgeon are accused of hiring an outside service to perform an autopsy and file a false report as the circumstances of the patient’s death.

The victims survivors, a wife and child, seek punitive damages based on the fraud, conspiracy and cover-up – all denied by the hospital and surgeon.

The patient was male, 42 years old and scheduled for surgery to remove a cervical disc in January of 2010. Post-operative hematoma is a known side effect of this surgery. If it occurs, it can expand to the point of trachea obstruction. Patients can suffocate to death if the condition is not promptly diagnosed and treated.

Medicine is arguably the greatest invention of modern medicine. Pain relief, disease prevention and cure, and treatment of chronic disease symptoms are all products of modern medications. Unfortunately, due to many reasons, innocent people’s lives are put in jeopardy each day because of errors in medication. If medication is not prescribed and dispensed correctly, the patient can be seriously injured or even die.

Medication errors can happen at home, in the hospital or in the doctor’s office. More than one million people a year experience a medication error of some type and Sacramento experiences many of those, many of which are preventable. The California Medical Board listed 110 occurrences of serious disciplinary action against a medical professional in 2000. In 2009, 132 preventable accidents in medication were listed and the number is rising each year.

These deaths and injuries happen when medication errors occur which leads to medication being used improperly. These errors could be prescribing the wrong medicine, or the wrong dose. Other causes include illegal prescriptions, poor communication, typos and similar sounding medication names and abbreviations.

Some people, try as they might, are unable to lose the amount of weight they would like to lose. So many Americans have a perfect body image they strife for but are not always able to obtain, be it genetic, hereditary or just plain product of age. Elective weight loss surgery has become an alternative to just excepting what you cannot change.

Elective weight loss surgeries like gastric bypass, LAP Band, Sleeve gastrectomies, and gastric banding can give patients the body they have always wanted, or at least one closer to it than they had before. The trouble is they carry a high risk of serious injury and even death if an error occurs. Not all patients appreciate the seriousness of these major abdominal procedures.

Of all the forms of elective weight loss surgery, gastric bypass is the most common. It is performed as both a minimal invasive surgery and an open surgery. During the surgery a loop of bowel is used to bypass the major section of the stomach. The smaller portion of the stomach retains only an ounce or two.

Sacramento emergency room physicians may have the most stressful, difficult job in the world. It becomes even more challenging when you factor in the long hours, ever-changing schedules, and unpredictable work environment. It is impossible to properly diagnosis multiple patients with 100% accuracy in these conditions. Mistakes will occur.

While these conditions and the improbability of perfect diagnosis every time are understandable, doctors and other health care professionals are still held to a certain standard in healthcare. If gross negligence occurs under their care or as a result of their care, they will be held responsible.

Most Common Emergency Room Errors

Mistakes with anesthesia are a fairly common occurrence during surgery. The far majority is noticed before they cause damage or even occur. Patients rarely, if ever, even know the mistake occurred. Only in cases of death or bodily harm do most patients learn of an error in anesthesia.

Aestheticians are a very important part of the surgery. Unfortunately, however, they are one of the least known persons involved. The surgeons and the nurses are usually introduced and available to the patient for some time prior to the surgery. Not so, the aestheticians, who are often only introduced moments before the procedure. This gives the patient less time to check background experience and credentials.

Patients are also able to select their surgeons from a variety of opinions they have been given by each. The aestheticians are a different story. Most patients do not consider this important role in their surgery.

If you have experienced injury, due to the negligence of a healthcare provider than you may have grounds for a legitimate medical malpractice lawsuit. Medical malpractice claims are hard to solve because there has to be substantial proof that there was a medical error occurred and that is what caused the personal injury. Since it’s often hard to prove negligence malpractice lawyers are extremely selective in the case that they decide to review and pursue. You should be well prepared when meeting when an attorney.

Meeting With A Medical Malpractice Lawyer

The first thing any decent medical malpractice attorney will want to hear is the facts of the case. Often times, people are eager to go into detail about their injury and pain. Although, this information is helpful and sets the tone for the case; actual documentation needs to be provided to determine the strength of your case.

Gastric Bypass surgery has gained popularity in recent year. Overweight people who have tried many forms of weight loss with no success will often use this surgery as a last result to remove dangerous pounds. Weight loss procedures like gastric bypass, LAP Band, gastric banding, and sleeve gastrectomy are considered elective surgeries and despite their common occurrences, they still carry a risk for death and/or serious injury should something go wrong.

While all of these elective weight loss surgeries are fairly commonplace, gastric bypass is the most common. The procedure can be minimally evasive with only short recovery time needed. Doctors take a loop of bowel and bypass a large section of the stomach. Using a smaller pouch of stomach leaves the patient feeling fuller with smaller portions and increases weight loss.

There are several different types of gastric bypass surgery options. These include:

The Journal of the American Medical Association (JAMA) has released findings that show medical negligence as the third leading cause of American deaths. Only heart disease and cancer are ahead. During 2012, the $3 billion in payouts for medical malpractice cases averaged out to one payout every 43 minutes.

To understand medical malpractice, one must understand that all professionals in the legal field must follow a standard of care that is universal. The standard of care is thought to be whatever a competent, reasonably judicious medical professional would or would not do in similar circumstances. Should his or her behavior deviate from this standard of care it is considered negligent. When a doctor’s negligence is the cause of a patient’s injury, a medical malpractice case exists.

Medical malpractice can include a number of different circumstances. However, not all patients whose health care is compromised or worsened is a victim of medical malpractice. Negligence can be proven in cases like failure to diagnose, surgery errors and birth defects but not all cases are due to medical negligence.

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