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VA Jury Awards $3M in Medical Malpractice Lawsuit

Posted on June 30th, 2010 No Comments

A woman in Virginia has been awarded a $3 million verdict in a medical malpractice lawsuit.

According to court documents, Shannon E. Taylor alleged that Dr. Katherine Averill and Winchester Womancare were “negligently, grossly negligently, and recklessly breached [their] duty of care to [the] plaintiff.” The lawsuit pertained to a laparoscopically-assisted vaginal hysterectomy performed on Taylor in April 2009. The suit claimed that “Dr. Averill used material from Taylor’s anterior rectal wall rather than peritoneal tissue to restore the vaginal cuff following the removal of her uterus. As a result, Taylor sustained lacerations and injuries to the anterior rectal wall and rectum.”

The jury awarded Taylor $3 million in damages plus legal interest. A statutory cap on medical malpractice damages will limit Taylor’s award to $1.5 million.

If you or someone you love has suffered injury because of hospital error or medical negligence, you may be eligible for compensation and legal recourse. Contact the Pennsylvania surgical error lawyers of Lowenthal & Abrams, P.C. at 610-667-7511.

South Carolina Jury Returns $3M Verdict in Medical Negligence Suit

Posted on June 22nd, 2010 No Comments

A jury in South Carolina returned a $3 million verdict against a Myrtle Beach-area hospital and doctor in a medical negligence lawsuit.

According to court documents, Sean Fay filed a lawsuit against Grand Strand Regional Medical Center and Dr. Stephen Law over the death of his wife Kelly in 2002. The lawsuit contended that Fay was admitted to Grand Strand in January 2002 with complaints of stomach and back pain. Fay was discharged later that day however, after Law diagnosed her as having a kidney stone, prescribed pain medication and ordered her to return to the hospital two days later. Fay died of septic shock less than 48 hours later before she could meet her appointment.

The Horry County jury determined that both the hospital and Dr. Law were negligent in their treatment of Fay by failing to follow nationally recognized standards of medical care.

Hospital officials said, in a statement, that they disagreed with the jury’s decision and believe Fay was provided with appropriate care. They are considering an appeal of the decision.

AR Couple Awarded $400K in Medical Malpractice Lawsuit

Posted on June 22nd, 2010 No Comments

A jury in Arkansas awarded a man and his wife $400,000 in damages after a botched gall bladder surgery.

According to court documents attained at Boone County Circuit Court, Paul R. Archer and his wife Marie filed a medical malpractice lawsuit against Dr. Jose Padilla in November 2008. The lawsuit concerned a “laparoscopic cholecystectomy,” or gall bladder removal, that Padilla performed on Archer in June 2008. The lawsuit alleged that Padilla “erroneously divided and clipped the common duct in two places instead of dividing the cystic duct.” As a result of this mistake, the lawsuit contends that “a hole in the common duct allowed bile to drain directly into [Archer's] abdominal cavity.

After the three-day trial, a jury deliberated for almost three hours before returning a judgement for the plaintiff, Judge Gordan Webb said. The jury set damages at $400,000.

Court records show that Padilla filed a motion on Friday asking the execution of the judgement be delayed. “Dr. Padilla intends to file a motion for a new trail in this case,” the motion said.

If you or someone you love has suffered injury because of hospital error or medical negligence, you may be eligible for compensation and legal recourse. Contact the Pennsylvania Medical negligence lawyers of Lowenthal & Abrams, P.C. at 610-667-7511.

Radiation problems trail malpractice suits

Posted on June 18th, 2010 No Comments

New malpractice worries are arising over lawsuits that sue over medical malpractice.

Reports are indicating that irresponsible law firms that pursue frivolous malpractice suits are doing more harm to their clients than good. By ordering tests like computerized tomography scans, or CT scans, law firms are unwittingly irradiating their clients to unsafe levels. These scans are used to document injuries and determine internal damages.

As expected, unnecessary testing that involves radiation can cause similar problems as any other form of radiation. The amount of radiation measured in victims of disasters such as the Soviet Union’s Chernobyl accident ranged between 50 and 150 millisieverts. The amount of radiation caused by a dozen CT scans can range even higher.

On the other hand, frivolous lawsuits can also cause defensively-minded doctors, terrified of being sued for any mistakes, to order more scans than necessary as well. In both situations, the results can lead to a bombardment of uncalled for radiation.

If you need representation and legal advice for your medical malpractice suit, be sure to find a law team that keeps your well-being in mind. An ethically-minded and reputable lawyer can help you understand your rights and options while making sure that you are treated respectfully. Contact the Pennsylvania medical malpractice lawyers of Lowenthal & Abrams, P.C., by calling 610-667-7511 today

Misdiagnosis verdict upheld in highest PA court

Posted on June 16th, 2010 No Comments

After over a year since the woman’s death in 2009, a Pennsylvania family has received $2.9 million in compensatory funds.

The Pennsylvania Supreme Court reinforced a lower court’s ruling by denying an appeal from St. Luke’s Hospital and Health Network. The woman claimed that the hospital failed to diagnose her breast cancer, which was cited as the cause of her May 23, 2009, death. According to her claim, instead of recognizing a growth as a malignant tumor, her doctor labeled the growth as only a cyst. The growth ruptured a year later, and was finally determined to be cancerous.

Although the jury awarded the plaintiff almost $4 million, the amount was cut down to acknowledge some blame placed on the woman. The late woman’s lawyer is seeking an additional few hundred-thousand dollars to add interest accrued during the time of the lawsuit, which brings the total to just under $2.9 million.

Obama's malpractice aims take shape

Posted on June 11th, 2010 No Comments

The Obama administration has begun a $25 million project to reduce the number of medical malpractice suits and their overall price.

To appease Republicans in Congress, Obama had promised this attempt to cut back on medical malpractice lawsuits last year, and today put together a series of grants to make good on that vow.

Money will be going to Ohio State University, Miami’s Jackson Memorial Hospital, the University of Utah, Boston’s Beth Israel Deaconess Medical Center, and Tacoma’s Multicare Health System. Specifically, the administration hopes that the new projects will cut back on lawsuits by improving education to reduce injuries, bettering patient-doctor communication, and decreasing premiums on liability insurance.

Obama commented on the decision, saying that Republicans had argued during the political battle over health care reform that malpractice reform would help lower costs and better streamline the health care industry. He acknowledged previous Bush administration ideas, and said that his Secretary of Health and Human Services was well-prepared to enact the new government plan.

If you have been injured during an operation or because of a false diagnosis, you may be eligible for compensation. Contact the Pennsylvania misdiagnosis attorneys of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

Over-treatment a common U.S. medical problem

Posted on June 9th, 2010 No Comments

An Associated Press report has shown that Americans are being over-treated for medical problems that easily would be healed by time and patience.

According to the report, a range between one-fifth to one-third of all treatments, including tests, were found to be unnecessary. What many do not realize is that these additional tests and treatments can lead to serious complications, making quality of life worse than if the patient had let the problem solve itself.

Back pain, which is often cited as the most over-treated symptom in the country, can easily cause MRI or X-ray scans to be taken before seeing if the ache will simply go away with time. These scans are usually supposed to be administered only after six months of pain, but one study found that up to one-third of all Medicare patients received a test for their back pain after only a month of persistent suffering.

In the case of back pain, back-related surgeries can affect the spine, leading to repeat surgeries in relatively short times that could have been avoided altogether.

If you or someone you love has undergone unnecessary treatments and been affected by unneeded scans or surgeries, you may be eligible for compensation. Contact the Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

NYC nursing home abuse case goes to court

Posted on June 4th, 2010 No Comments

A 56-year-old New York City nursing home worker is facing criminal charges after she allegedly caused an 85-year-old woman to fall and failed to help the woman afterward.

The allegations were brought to court by the attorney general. The primary piece of evidence that makes the prosecution sure that the nurse is guilty, despite entry of a not guilty plea, is a video tape that was recovered from the security cameras at the nursing home.

In the footage, the woman is seen moving away a wheelchair from the elderly patient, who in turn falls and breaks her hip. The nurse walks away from the scene, returns, and, all the time, does nothing to help the fallen woman. After another nursing home worker walks past the scene, again not moving to help the woman, the nurse finally calls out for some assistance with helping the injured elderly woman.

According to the defense, the defendant was the one who called out for help eventually, which proves that she simply must not have been able to catch the falling woman in time before hitting the floor.

If you or someone you love has been abused while in a nursing home, you may be eligible for compensation for your injuries. Contact the Pennsylvania nursing home malpractice attorneys of Lowenthal & Abrams, P.C., by calling 610-667-7511 to discuss your claim today.

Surgical mistake leads to $2.2M suit

Posted on June 2nd, 2010 No Comments

In the latest court proceedings, a Canadian woman is denying the claims of her surgeon, who said that she was not upset when the doctor announced that her right breast was not cancerous but was removed as a precaution anyway.

According to the surgeon, the woman not only was pleased with the news of only a benign growth, but expressed some interest in removing her breast as well. The surgeon added that her patient’s family history of breast cancer and her attitudes towards prevention were major factors in her response to the surgical mistake.

The plaintiff denied the surgeon’s claims.

The plaintiff’s claims state that she never expressed an intention to have her breast removed during the procedure, and that her preventative mastectomy should never had happened in the first place. According to her claims, she was not a candidate for the procedure. Her suit is asking for $2.2 million from her surgeon, the hospital pathologist involved in the procedure, and the hospital itself. Both the surgeon and pathologist had been suspended for past mistakes prior to this suit.

If you or someone you love has suffered injury because of hospital error or medical negligence, you may be eligible for compensation and legal recourse. Contact the Pennsylvania surgical error attorneys of Lowenthal & Abrams, P.C. at 610-667-7511.

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