January 12, 2009

Boy left with permanent brain injury after numerous medical mistakes awarded $10 million

An 11-year-old North Carolina boy was left with a permanent brain injury after doctors made numerous medical mistakes during his treatment. After falling from a tree, the boy received treatment riddled with instances of medical malpractice. After detecting a shoulder injury, the boy was given herapin, a blood thinner, to treat a blood clot in his shoulder. The boy’s brachial plexus nerves of his spinal cords had been damaged and that injury had gone unnoticed, and as a result, the herapin caused bleeding in the spinal cord. Additionally, a mass called a subdural hematoma was located in his skull and doctors placed a halo around his head to stabilize his spine. One of the four screws used to keep the halo in place was screwed in ¾ inch too far by a medical resident, which caused further bleeding in the brain. As a result, the child suffered a significant brain injury and will be forced to live with severe cognitive impairments, preventing him from ever living independently or holding a job. A jury ruled in favor of the boy in the medical malpractice lawsuit, awarding him over $10 million from the various defendants. For the full story, click here.

November 26, 2008

Surgical Device Caused Brain Injury

The children of an Illinois man have filed a product liability suit against two corporations for negligence that occurred during their father’s lung surgery. The operating doctor used the device as intended but due to the corporation’s negligence the medical device failed leading to surgical error and major blood loss. The children claim the surgical device manufactured by the defendants malfunctioned which caused their father brain damage and other severe personal injuries.
To read the full story click here.

January 2, 2008

The Doctors' Apology - an Illinois lawyer's perspective

Recently a colleague referred a case to me involving blatant medical negligence. The referring attorney explained the series of events involving a misdiagnosis, a failure to diagnose, and a relatively simple procedure essentially done backwards causing material to be pumped out of the patient’s stomach of pumped into the patient’s stomach. As he explained the situation to me, it was clear that the doctor had made mistakes and caused the patient severe pain and permanent injury. It was no surprise to me that the patient had decided to pursue legal action. Apparently, however, the patient was reluctant to file a personal injury claim based on the medical malpractice of the doctor. The patient was reluctant to file a personal injury lawsuit , that is, until the doctor behaved arrogantly and refused to admit any wrongdoing. The old rule in medicine was to never apologize and never admit mistakes, but the old rule may not be the smart rule. In a recent New York Times article, a doctor explains a mistake he made and how his apology diffused the situation and even won over the patient. As an personal injury attorney I have seen that, unfortunately, mistakes are more commonplace in medicine than anyone would like to admit. Even more unfortunately, apologies are nearly non-existent.

For the complete New York Times article, click here.