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Tag: Medical Malpractice

Wrong Diagnosis In Potentially Fatal Conditions

Posted on by Burton Bentley II, M.D FAAEM

Doctors, physician’s assistants, and nurse practitioners are all professionally obligated to order the appropriate tests to diagnose potentially fatal conditions like cancer in a timely way. In Doctors Kept Dismissing My Back Pain—Until I Was Finally Diagnosed With Terminal Cancer, Tori Geib shared her story on www.health.com. In 2016 Geib visited three rheumatologists about her back pain. They informed her that her condition was potentially caused by fibromyalgia and that she was suffering from depression. Antidepressants were prescribed.

When the pain continued, Geib sought relief at two urgent care facilities. She was given a steroid, anti-inflammatory medication, and a low-dose muscle relaxer. When she later found a lump on her side, doctors at Ohio State University ordered a mammogram and biopsy. She was diagnosed with metastatic breast cancer. A CT scan showed that cancer had possibly gone into her spine.

When Geib reviewed her medical records from the rheumatologists, she found that they indicated “suspicious lesions” in her spine and hip bone. The rheumatologists did not alert her to their findings or follow up with her. Geib states:

Once the cancer spread to my spine, it crushed one of my vertebrae, reducing its size by 70%. I needed a procedure called a vertebroplasty to plump it back up before I could undergo breast cancer treatment. If the cancer had been identified when the scan revealed spinal lesions, my vertebra would not be in such poor condition—and I could have started treating the breast cancer earlier.

Geib will be on treatment for the remainder of her life. She had to quit her job and go on disability because of her bone metastases.

A cancer misdiagnosis lawsuit may be filed when a physician fails to order timely screenings, uses outdated tools and procedures, or fails to diagnose cancer. In Geib’s case, the misdiagnosis was made by rheumatologists. Please contact Elite Medical Experts to secure a board-certified rheumatology expert witness as well as top-tier university medical expert witnesses in other practice areas.

Misdiagnosis of Sepsis & Pneumonia Proves Fatal

Posted on by Burton Bentley II, M.D FAAEM

Terry Lee Courts filed a medical negligence lawsuit against internist Matthew Harris M.D, in West Virginia’s Cabell Circuit Court (case number 19-C-284). Mr. Courts is the administrator of the estate of his late wife, Stephanie Renee Courts, who was under Dr. Harris’s care when she passed away from sepsis and pneumonia. The internal medicine physician is affiliated with multiple hospitals in the area, including Pleasant Valley Hospital.

The complaint states that Mrs. Courts was seen by the defendant at Pleasant Valley Hospital on July 30, 2017, complaining of shortness of breath. She was discharged and sent home with antibiotics and steroids, along with instructions to follow up with her primary care physician. She saw Dr. Harris again on July 31, 2017, when he gave her an injection of steroid medication and discharged her. Two days later, Mrs. Courts was taken to the emergency room for worsening shortness of breath and unresponsiveness. She died the same day due to sepsis and pneumonia. The defendant is accused of violation of the Medical Professional Liability Act.  The West Virginia act states:

55-7B-3. Elements of proof.

(a) The following are necessary elements of proof that an injury or death resulted from the failure of a health care provider to follow the accepted standard of care:

(1) The health care provider failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances; and

(2) Such failure was a proximate cause of the injury or death.

(b) If the plaintiff proceeds on the “loss of chance” theory, i.e., that the health care provider’s failure to follow the accepted standard of care deprived the patient of a chance of recovery or increased the risk of harm to the patient which was a substantial factor in bringing about the ultimate injury to the patient, the plaintiff must also prove, to a reasonable degree of medical probability, that following the accepted standard of care would have resulted in a greater than twenty-five percent chance that the patient would have had an improved recovery or would have survived.

Internal medicine deals with the prevention and treatment of adult diseases. Internists complete three years of residency training before seeking board certification in internal medicine. These medical professionals must be able to recognize and treat nearly every major medical condition. Litigation against internal medicine physicians may involve allegations of missed or delayed diagnosis as well as accompanying medication and treatment errors. Contact Elite Medical Experts to find the internal medicine expert witness suited to the fact pattern in your case. Elite has 182 specialties and 3,295 search terms to aid you in finding the medicine expert witness you need.

 

 

What is the Role of the Cruise Ship Medicine Expert?

Posted on by Burton Bentley II, M.D FAAEM

What is the role of the cruise ship and maritime medicine expert witness? When a cruise ship passenger suffers an accident, injury, or acute medical condition which results in litigation, admiralty law governs the legal proceedings. Medical issues in cruise ship cases are complex and cover elements that may be unfamiliar to most medical experts. The cruise ship and maritime medicine expert is knowledgable in cruise ship medicine and the U.S. Code Chapter 303— Death on the High Seas. 46 U.S. Code § 30302 states:

Cause of action

When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.

In March 2019, a federal jury in Miami ruled that Royal Caribbean Cruises Ltd. must pay $3.38M to the family of Richard Puchalski who died of a heart attack on Royal Caribbean’s Explorer of the Seas ship in 2016. Puchalski saw the ship’s medical staff and complained of shortness of breath. A ship doctor diagnosed him with a septal infarction and gave him medicine before releasing him from the infirmary. Puchalski reportedly collapsed about 30 minutes after leaving the infirmary and died four days later. Plaintiffs argued that the doctor should have alerted Puchalski’s family, conducted more tests, and/or taken him to an on-shore hospital sooner.

In cruise ship medicine lawsuits, experts analyze medical reports and ship records. They understand the resources and limitations of treating patients at sea and present unbiased testimony to the court. Contact Elite Medical Experts to retain the cruise ship and maritime medicine expert witness hand-selected for the fact pattern in your case.

Malpractice Litigation Addresses Baby Born With Lack Of Oxygen

Posted on by Burton Bentley II, M.D FAAEM

Minnesota couple Leotha Pinkney and John Richardson filed a malpractice lawsuit against the medical staff at Regions Hospital and HealthPartners in St. Paul, MN, alleging that medical staff did not provide adequate medical care during Ms. Pinkney’s labor. Their baby was born with brain damage due to a lack of oxygen during the birthing process.  Their son is now fifteen months old and has been diagnosed with spastic quadriplegia cerebral palsy, microcephaly, as well as physical and developmental delays.  He also suffers from permanent neurological injuries and seizures.

The lawsuit describes the medical staff as observing fluctuations in the baby’s heart rate but continuing to administer Pitocin to Pinkney. When her temperature and pulse increased, she was given antibiotics during labor. Plaintiffs allege that hospital staff failed to observe that the baby’s heart was showing distress and then failed to properly respond and did not advise his mother that she should have an emergency cesarean section.  Her son was born limp and special care nursery staff administered resuscitation but the baby was already harmed.

HealthPartners.com manages Regions Hospital and the company website describes HealthPartners as “the largest consumer governed nonprofit health care organization in the nation – serving more than 1.8 million medical and dental health plan members nationwide. Our care system includes a multi-specialty group practice of more than 1,800 physicians that serves more than 1.2 million patients.”

Obstetrics deals with the care and treatment of women during pregnancy and childbirth. Obstetricians treat both routine and high-risk pregnancies.  They manage a variety of conditions related to pregnancy such as hypertension, gestational diabetes, preeclampsia, and placental abruption. Obstetricians perform a variety of procedures such as routine vaginal delivery, Cesarean section, forceps-assisted delivery, as well as vacuum-assisted delivery.

Litigation in obstetrics is common.  Obstetricians are often named in lawsuits whenever there is an unexpected or poor or fetal outcome. Allegations include failure to properly monitor the patient and fetus, failure to recognize signs of fetal distress, failure to perform delivery in a timely fashion, and failure to convert to a Cesarean section to avoid undue fetal distress.

Contact Elite Medical Experts to hire the most qualified expert witness in obstetric consultation and litigation.

Do Medical Consults Require a Duty to Caution?

Posted on by Burton Bentley II, M.D FAAEM

In an unusual case in Washington state, the plaintiff’s medical expert witness failed to persuade the court that a Department of Veteran Affairs primary care physician had breached his duty of care, which led to a post-surgery infection that required the amputation of the plaintiff’s leg.

In Brotherton v. U.S.,[1] the plaintiff sued his VA primary care physician for failing to provide a warning during a consult with the surgeon who was to perform surgery on the plaintiff’s foot. The plaintiff had broken his ankle 30 years prior. The doctor treating him at that time improperly fused the plaintiff’s ankle, significantly inhibiting the plaintiff’s mobility.

The plaintiff, who also suffered from uncontrolled diabetes, sought surgery to correct the alignment of his foot. His primary care physician, who was aware of the plaintiff’s disease, referred him to a podiatrist, who then recommended an orthopedic surgeon outside the VA and the procedure was scheduled. However, the plaintiff developed a toe ulcer and infection as a result of his diabetes, which delayed the surgery for several months.

Once the infection had cleared, the plaintiff notified his physician that the surgery was going ahead. Uncontrolled diabetes can increase the risk for surgery-site infections, and the plaintiff developed a post-operation infection, which required his leg to be amputated below the knee.

The plaintiff brought suit against his physician, arguing the doctor had breached his duty of care by failing to warn the surgeon about the inherent risks in operating on someone with uncontrolled diabetes. During the trial, the plaintiff argued that his physician should have alerted the surgeon to the plaintiff’s increased susceptibility to post-surgery infections. Both the physician and surgeon argued that the standard of care they routinely employ rarely involves consultations between PCPs and surgeons. The plaintiff’s expert witness, the chief medical officer for a hospital, testified that physicians should employ an “’aspirational’ standard of care involving a consult,”[2] even though the witness was neither taught, practices, nor teaches, that standard of care. The court was unswayed by the expert testimony and ruled in favor of the physician.[3]

What transpired here was a complete failure on the part of the plaintiff’s expert witness to correctly define a doctor’s duty of care. The plaintiff’s expert witness was unable to explicitly testify that defendant breached the standard duty of care and made quite the stretch to suggest that such a duty was “aspirational.” In reality, the duty of care is what a “reasonable” physician would do under similar circumstances, not what all doctors should “aspire” to do. If the expert could not state that to a reasonable degree of medical probability, then the expert failed to define a breach of the standard of care.  Absent breach – the most fundamental element of negligence – the case was irretrievably lost.

This case also highlights the importance of fully understanding the scope, depth, and nuance of an expert’s opinion prior to putting them on the stand, and the mission-critical requirement to fully prepare and expert before testimony.

If you are engaged in medical negligence litigation, Elite Medical Experts can provide your legal team with leading university healthcare professionals who will meet your case-specific needs.

[1] Brotherton v. U.S., 2:2017cv00098 (E.D. Wash. May 28, 2019).

[2] Salvatore, C., “VA Doctor Wins Bench Trial over Veteran’s Leg Amputation,” Law360.com (May 30, 2019), available at https://www.law360.com/personal-injury-medical-malpractice/articles/1163772/va-doctor-wins-bench-trial-over-veteran-s-leg-amputation.

[3] “But Judge Bastian ruled Tuesday that Sim’s duty of care ‘did not require Dr. Sim to caution plaintiff or Dr. Barrow against having the surgery performed or to de-authorize the VA’s referral to Dr. Barrow.’” Id.

Florida Court: MedMal Testimony Must Be From Expert In Same Specialty

Posted on by Burton Bentley II, M.D FAAEM

The Florida Appeals Court in Osceola County rejected a medical malpractice lawsuit by a plaintiff against her orthopedic surgeon. The plaintiff alleges that she suffered a broken femur during a hip replacement surgery. Although the plaintiff submitted opinions from an emergency room physician, a radiologist and a nurse, defendants argued that the expert opinions did not meet the requirements of the law because the testimony did not come from healthcare professionals in the same medical specialty as her surgeon.

Medical malpractice litigation requires a medical expert witness who has experience in the same specialty as the defendants. These experts compare what the defendant did or neglected to do against the standard of care in that medical field. The expert witness should practice a medical specialty pertaining to the case.

Litigation in orthopedic surgery may arise from a poor surgical outcome which resulted in a loss of function.  Allegations include improper surgical technique, infection, or other complications. The orthopedic surgery expert witness examines the material facts of the case which include medical records as well as lay witness testimony. These medical experts play a vital role in assessing case strength. It is therefore imperative to identify and select outstanding experts at the earliest possible opportunity. Elite Medical Experts provides leading university healthcare experts hand-selected to provide medical testimony regarding medical negligence. Contact Elite to be connected with a full-time practicing professor whose expertise is tailored to the fact pattern in your case.

Physician Burnout Crisis

Posted on by Burton Bentley II, M.D FAAEM

The Massachusetts Medical Society published A Crisis in Health Care: A Call to Action on Physician Burnout on January 17, 2019. The report describes burnout as “a syndrome involving one or more of emotional exhaustion, depersonalization and a diminished sense of personal accomplishment.” President of the Massachusetts Medical Society Alain Chaoui, MD, FAAFP, writes: “The issue of burnout is something we take incredibly seriously because physician wellbeing is linked to providing quality care and favorable outcomes for our patients.” The report is a result of collaboration between the Massachusetts Medical Society, the Massachusetts Health and Hospital Association, the Harvard T.H. Chan School of Public Health, and the Harvard Global Health Institute.

Also in January 2019, Medscape released National Physician Burnout, Depression & Suicide Report 2019. The online survey compiled input from 15,069  U.S. physicians practicing in more than twenty-nine specialties. Medscape research shows that some medical specialties now have burnout rates above 50%.

Responses to the survey indicate that 44% of physicians meet the criteria for burnout, up from 42% in last year’s report. In addition, 11% are colloquially depressed (feeling down or sad), and 4% are clinically depressed. The responses show that 14% of physicians have had thoughts of suicide but have not attempted it, and 6% said they preferred not to answer. Survey authors note that one physician a day dies by suicide, the highest rate of any profession. According to this survey, 1% of physicians have attempted it.

Top-ranked answers to the survey question “What contributes most to your burnout?” were:

Too many bureaucratic tasks (e.g. charting and paperwork)

Spending too many hours at work

Increasing computerization of practice

Lack of respect from administrators/employers, colleagues or staff

Physician burnout has become a public health issue. Yet the Medscape survey found that only 13% of physicians are currently seeking professional help for burnout or depression.  When doctors are not able to rest and recover during their time off, job burnout takes its toll. Unfortunately, one of the complications of this exhaustion is an increase in medical errors which may lead to medical malpractice lawsuits. In the event of a malpractice suit, the most valuable asset on the legal team can often be the experienced medical expert witness. Contact Elite Medical Experts to discuss your case and secure a leading university healthcare expert.

 

 

Plastic Surgery Malpractice Injuries

Posted on by Burton Bentley II, M.D FAAEM

More than thirty-five medical malpractice cases against Dr. Gerard Stanley and Sculpt Contemporary Cosmetic Surgery will be heard in Douglas County District Court, Omaha, Nebraska. Plaintiffs are charging him with medical malpractice alleging physical and emotional injuries which include disfigurement, painful scarring and nerve damage. One former patient states that her unsuccessful tummy tuck surgery resulted in a wound that didn’t heal properly and left a painful and jagged scar across her abdomen.

Dr. Stanley’s former patients say he presented himself as a board-certified surgeon qualified to perform cosmetic and plastic surgery. His website claimed he was accredited and had done a residency in plastic surgery which was not true. Although he performed liposuction, breast augmentation, and butt and eye lifts from 2015-2017, he was board-certified in family medicine and not board-certified by The American Board of Plastic Surgery, Inc. or the American Board of Cosmetic Surgery. The ABPS describes board certification as “completion and approval of a prescribed set of education and training requirements in a specialty of medicine beyond the minimum requirements for medical licensure, and passage of examinations that test the fund of knowledge in that specialty.” The effective expiration date of Dr. Stanley’s Nebraska Medical License was 10 / 26 / 2018.

To be certified by the plastic surgery board, physicians must complete at least six years of surgical training after medical school, with a minimum of three years of plastic surgery residency training. Another option allows for five years of training in a surgical field such as ear, nose and throat or general surgery followed by three years of training in plastic surgery.

Litigation against plastic surgeons commonly involves allegations of incorrect surgical technique and undesirable cosmetic outcomes. In this case, Dr. Stanley presented himself as a board-certified plastic surgeon and board-certified cosmetic surgeon. In reality, he was a board-certified family practitioner doing cosmetic surgery. Thirty-five medical malpractice plaintiffs have now come forward alleging medical malpractice.

Plastic surgery expert witnesses have experience in a wide range of cosmetic procedures. These experts have years of medical experience and provide unbiased reports and testimony regarding the fact pattern in plastic surgery lawsuits. Contact Elite Medical Experts to be connected with the expert witness who can best analyze and testify on allegations of incorrect surgical technique and undesirable outcomes in plastic surgery cases.

Lorazepam, Oxycodone, Informed Consent, and Chris Cornell

Posted on by Burton Bentley II, M.D FAAEM

Singer Chris Cornell’s widow filed a medical malpractice suit against his cardiologist alleging negligent prescription of dangerous controlled substances which led to Cornell’s suicide. The complaint describes the cardiologist prescribing Cornell more than 940 doses of the anti-anxiety drug Lorazepam (Ativan) between 2015 and his death in 2017. The lawsuit claims the cardiologist was also prescribing Cornell Oxycodone at the same time without conducting a medical examination of the singer, lab studies or clinical assessments.  The suit also claims the cardiologist knew Cornell was an “addiction-prone individual” but allowed unsupervised staff to write many of his prescriptions. 

Mrs. Cornell is suing for negligence and failure to obtain informed consent because the cardiologist did not warn the singer about the side effects of Lorazepam. Documented side effects include damage to rational thinking and an increased risk of suicide in addiction-prone patients. Mrs. Cornell saw her husband’s behavior deteriorate and his level of impairment increase while on the prescribed drugs.

When a physician breaches a duty to a patient, the patient may argue a cause of action for negligence.  Nolo.com explains how failure to warn a patient of known risks may lead to malpractice.

Doctors have a duty to warn patients of known risks of a procedure or course of treatment — this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen).

An injured party suing a doctor for negligence and failure to obtain informed consent must hire a medical expert to analyze the facts of the case and present an unbiased opinion to the court. Not only are medical malpractice laws complicated, but regulations vary by jurisdiction. Challenging assignments require an experienced board-certified medical expert witness from a top university medical center. To secure a hand-selected cardiology expert witness, please contact Elite Medical Experts and speak with a physician or nurse on Elite’s Case Strategy Team today.