Medical Misdiagnosis Lawsuit Attorney


Medical Misdiagnosis Lawsuit

On July 13, 2013, a Texas jury awarded $367,500 to a 54-year-old woman who had to undergo a seven-month-long chemotherapy treatment after being wrongly diagnosed with breast cancer. According to the misdiagnosis lawsuit filed in a Victoria county, the mother of four had a lump in her left breast in 2009. Though it was a benign tumor, her doctor misread the pathology report post-surgery and misidentified routine inflammations for symptoms of Stage IV terminal breast cancer with a less-than a year life span. The plaintiff went for eight rounds of chemotherapy and took over 10 types of medications before another biopsy at the Houston-based MD Anderson Cancer Center in 2011 revealed that she was a victim of breast cancer misdiagnosis.

In June 2013, a similar cancer misdiagnosis lawsuit led to a $200,000 award for a Maine man wrongly diagnosed with pancreatic cancer. Doctors misread his treatable non-Hodgkins lymphoma as Stage 4 pancreatic cancer and he had to undergo chemotherapy and medication, resulting in tremendous emotional distress. In April, a New York court ordered Middleton-based Radiologic Associates, P.C., to pay $2.1 million in damages to a man for failure to diagnose a spinal lesion that led to delayed treatment and loss of sensation in his legs.

Medical Misdiagnosis Lawsuit The Meaning

Diagnosis of every disease must follow a systemic method that includes identification of symptoms, recommendation of diagnostic tests, and proper analysis of test reports in the light of the patient’s medical history. The doctor must make detailed preliminary and secondary investigations to confirm any serious illness and refer the patient to any specialist at the earliest. Any deviation from the standard process leading to wrong or delayed diagnosis can severely impact the life and health of patients. On February 15, 2013, JAMA medical journal published a medical misdiagnosis report claiming that misdiagnosis accounted for the highest number of patient injury or death because of medical error. It listed cancer, heart stroke, kidney failure, pneumonia, and infections as the most serious misdiagnosed conditions. According to the report, misreading of patient’s medical history or prescribing wrong tests during the patient-doctor clinical encounters is the most common medical misdiagnosis reported followed by referral mistakes.

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Medical Malpractice Lawsuit

Common Personal Injury Lawsuits Information 


Medical Malpractice Lawsuit

Medical Malpractice LawsuitOn July 5, 2013, a St. Louis County court awarded $6.4 million to a 59-year-old Maryland Heights man who filed a medical malpractice lawsuit against a doctor of SSM DePaul Medical Group. The jury agreed with the plaintiff contention that the doctor failed to properly diagnose mitral valve prolapsed he was suffering from, which caused him a stroke five years later. A few days later, another medical malpractice lawsuit filed in a Dauphin County court led to $1 million in settlement for the family of a Pennsylvania man, who died following a hip surgery. Earlier in May 2013, a South Carolina court ordered the Heartland of Martinsburg to pay $90 million in damages to the family of a man, who died in one of its nursing homes. The medical malpractice lawsuit had alleged that lack of care at the hospital led to fatal infections and death of the patient.

Medical malpractice contributes to the sixth highest number of deaths in the United States every year. More than 20,000 medical malpractice lawsuits are initiated by U.S. residents every year, making over 2,500 hospitals, doctors, and pharmacies as defendants. While about 225,000 suffer due to doctor error, improper diagnosis, wrong prescriptions, surgical errors, and lack of medical care, 98,000 patients fall victim to wrongful deaths at hospitals, according to a study report prepared by the Institute of Medicine. According to a December 2012 Johns Hopkins University research report, surgical mistakes alone cause at least 4,000 serious injuries every year. About $3 billion was paid in 2012 to settle thousands of medical malpractice lawsuits filed in the United States.

Medical Malpractice Lawsuit: Understanding the Concept

What Is Medical Malpractice?

An avoidable error by a health care professional or facility lading to injuries to patients constitutes an instance of medical malpractice. It includes a range of mistakes, such as missed, delayed, or wrong diagnosis, improper treatment, negligence, lack of attention by doctors, injuries caused by surgical mistakes, unnecessary surgery, wrong prescription of drug and dosages, anesthesia error, and medication mistakes. Medical malpractice claims can also be filed for death or suffering attributed to medication side effects, infections due to lack of treatment or care at the hospital, additional complications, violation of standard inpatient care, and nursing home abuse.

According to the Journal of American Medicine, improper hospital care leads to more than 20,000 deaths every year, while an equal number fall victim to wrong diagnosis and nosocomial infections. About 10,000 face serious injuries from unneeded surgeries. One in every eight medical malpractice incidents leads to litigation.

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Wrongful Birth Lawsuit

In a complex case, the parents of a child born with cystic fibrosis has filed a lawsuit seeking damages as a result of health care providers failure to provide the most basic care in the form of prenatal testing that would have alerted the couple to the fact that their child would be born with the fatal disease.

The parents in this case are seeking damages for the mental and emotional distress caused by those health care providers when they failed to test , diagnose and inform the couple of their child's cystic fibrosis diagnosis. They will undoubtedly face additional healthcare ciosts in caring for the terminaly ill child and seek justice in the courts as a means to help pay for these expenses.

Montana health care providers have moved to have this case dismissed on the grounds of lack of precedent in situations of wrongful birth , and have stated that this lawsuit raises both moral and political questions that should probably be addressed by state and federal laws before any form of lawsuit can proceed.

Defendants named in the lawsuit include nurse Peggy Scanson , Livingston Healthcare , Bozeman OB/GYN , Dr. William Peters, Bozeman Deaconess Health Services and Shodair Children’s Hospital Department of Medical Genetics. Damages from this lawsuit will be determined by a jury.

The couple stated that they were provided with a report indicating that the baby was healthy.

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Hospital Malpractice Lawsuit Unnecessary Cardiac Procedure at HCA Hospitals


Hospital Malpractice Lawsuit HCA HospitalHCA Holdings, the largest of the hospital chains in the United States, is facing federal probe for unnecessary cardiac procedures performed at many of its facilities in the country. According to an article published in The New York Times, hospital chain has been aware of the illicit activity since 2002, but failed to prevent such clinical practice until August 2012 when federal prosecutors in Miami and the Justice Department began scrutinizing heart procedures at 10 of its facilities in Florida and other states. HCA runs 163 hospitals in different parts of the United States.

HCA Unnecessary Cardiac Procedure and Complaints

Cardiologists at HCA hospitals allegedly performed cardiac clinical practices that they were unable to justify. An internal investigation in 2003 revealed that patients admitted at its hospitals were often treated for coronary blockages despite no detection of significant artery blockages. In 2008, HCA introduced new billing codes for emergency patients that resulted in a sharp rise in the number of such patients requiring enhanced care. Its hospital did not treated patients with non-urgent conditions and put in a system of flexible staff use that led to inadequate staffing, affecting critical care at the facilities. These profit boosting majors led to unnecessary procedures and complications at the expense of patients and forced them to stay in the hospital for extended periods and even pay more.

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 Surgical Error Malpractice Lawsuit



Surgical Error Lawsuit

surgical-errors-medical-malpractice-lawsuitOn February 17, 2012, a surgical error lawsuit filed in a Chicago court resulted in $7.5 million award to the family of an Illinois man, who died following a robotic surgery on his spleen. A month prior to the judgment, a Clark County jury awarded $1.5 million to a 30-year-old woman who suffered from a permanent debilitating condition because of late surgery. About 12,000 patients die and millions others face medical conditions caused by surgical errors in the United States every year due to wrong surgery, surgical lapses leading to infection or removal of body parts, surgical error resulting in injury and death, delay in surgery, incorrect procedure, post-surgery medication errors, and surgical instruments left in the body during the procedure. According to a report by the Office of Inspector General, Department of Health and Human Services, more than 80% of surgical error cases go unreported.

Surgical errors fall under medical malpractice, and victims have every right to seek justice. They are entitled to file surgical error lawsuits claiming damages for injuries caused due to surgical mistakes or failure of doctors or hospital staff to take complete medical care of patients they are operating on.

Surgical Error: Meaning and Types

Most of the surgical error lawsuits claim damages citing negligence by doctors during the operation, inadequate care by hospital staff, and wrong surgical procedure. A surgical error is a medical mistake caused on the operating table, leading to injuries to a patient that could have been prevented. The court judgments in various surgical error lawsuits have expanded the definition of surgery mistakes to include injuries caused due to medical negligence prior to and after an operation. One can sue a surgeon or hospital for,

  • pre-operative surgical errors caused by failure to properly diagnose a medical condition requiring surgery and suggest the most effective procedure to be adopted. There are instances where wrong diagnosis or faulty pathology report resulted in unnecessary surgery of patients. Doctors preferring surgery to medication are also liable to be sued for wrong suggestion.
  • surgical errors during the operation caused due to wrong surgical procedure, inexperienced doctors and staff, lack of attention, wrong organ removal, incorrect incisions, wrong site surgery, anesthesia error, use of faulty or unsterilized equipment, or instruments left inside the patient’s body.
  • post-operative surgical injuries caused due to inadequate care by hospital, wrong medication, preventable infections, or inexperienced doctors, or improper handling of surgery requiring a patient to undergo surgery again.

Grounds for Filing Surgical Error Lawsuit

A patient undergoes a lot of physical and financial strain before and after a surgery. They suffer from further injuries and medical complications if the surgery goes wrong because of mistakes on the part of doctors or the hospital. The law of the land allows them or their family to file a surgical error lawsuit seeking punitive damages for those responsible for professional negligence and medical malpractice that resulted in the injury.

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