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Tag: Medical Malpractice

Louisiana Supreme Court Orders Medical Negligence Retrial

Posted on by Burton Bentley II, M.D FAAEM

The Louisiana Supreme Court has ordered a new trial in a medical negligence case against general surgeon Dr. Donald Schwab. Richard and Carrie Logan are seeking damages after Mr. Logan’s gallbladder removal surgery in 2010. The plaintiffs allege that during the procedure Dr. Schwab cut the wrong connecting tissue between Logan’s gallbladder and liver, damaging the liver. The Louisiana Supreme Court has ruled in the couple’s favor after more than two years of appeals.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,

FIRST CIRCUIT, PARISH OF TERREBONNE

PER CURIAM

It is well settled that a new trial should be ordered when the court is convinced by an examination of the facts that the judgment would result in a miscarriage of justice. Lamb v. Lamb, 430 So. 2d 51, 53 (La. 1983). Having reviewed the record and considering the briefs and oral argument of the parties, we are convinced that the trial judge’s actions resulted in a miscarriage of justice. Therefore, considering the unique and narrow facts presented, we conclude a new trial must be granted.

General surgery expert witnesses join the legal team when a surgical complication results in litigation. They may opine on a wide range of medical procedures including bariatric surgery, colon surgery, breast surgery, endocrine surgery, gastroenterological surgery, and more. Complications specific to gallbladder surgery may include internal bleeding, infection of the incision, and injury to the bowel, bile duct, small intestine, or liver by one of the instruments used during surgery. In this type of litigation, the general surgery expert witness is crucial in helping the court decide whether the medical standard of care was breached.

Kidney Transplants And The Urology Expert

Posted on by Burton Bentley II, M.D FAAEM

The U.S. Department of Health & Human Services reports that despite advances in medicine and technology as well as increased awareness of organ donation and transplantation, the gap between supply and demand continues to widen. While 17,107 kidney transplants took place in the US in 2014, the Living Kidney Donors Network estimates there are over 80,000 people on the kidney transplant waiting list. The waiting list has doubled in size over the past 10 years and continues to grow.

In the news, the family of a Florida man who died in 2015 while undergoing surgery to donate a kidney to his father has filed a medical malpractice lawsuit against the urologist who performed the procedure. Christine Donaldson, wife of deceased John Donaldson, alleges that Dr. Barry Blitz failed to take appropriate measures to prevent his death. The lawsuit against Dr. Blitz and 21st Century Oncology states that Mr. Donaldson suffered “significant bleeding” after the procedure and died due to Dr. Blitz’s negligence.

Urology experts specialize in the medical and surgical treatment of the kidneys, ureters, urinary bladder, and genitals. The medical negligence case involving a kidney transplant requires testimony from the urologist at the top of their field who also understands medical litigation.  This expert witness is key to the litigation team.

Are Defensive Medicine & Risk Of Malpractice Related?

Posted on by Burton Bentley II, M.D FAAEM

A study published in the BMJ (formerly British Medical Journal) reports that doctors in Florida who provided the most costly care between 2000 and 2009 were the least likely to be sued. The team at the Leonard D. Schaeffer Center for Health Policy and Economics at the University of Southern California and at Stanford University examined the correlation between high hospital charges for patients and the number of lawsuits filed in the following year.

Lead author Dr. Anupam Jena told Reuters Health:

By no means would I consider it to be conclusive, but it does signal to us that defensive medicine could work in lowering malpractice risk, but more research is needed to know if that’s true or not…If you ask physicians what’s the number one concern they have when you talk to them about their careers, I would say malpractice will come up as one of their top concerns.

Anupam B. Jena, M.D., Ph.D. is an associate professor of health care policy and medicine at Harvard Medical School and an assistant physician in the Department of Medicine at Massachusetts General Hospital, where he practices general inpatient medicine and teaches medical residents.

The study analyzed data on almost 25K doctors who oversaw over 18M hospital admissions. Commenting on the finding, Dr. Jena said, “If you look at doctors who spend more in a given specialty, higher spending physicians get sued less often than low-spending physicians.”

In U.S. Health Care from a Global Perspective: Spending, Use of Services, Prices, and Health in 13 Countries, the Commonwealth Fund writes:

The U.S. stood out as a top consumer of sophisticated diagnostic imaging technology. Americans had the highest per capita rates of MRI, computed tomography (CT), and positron emission tomography (PET) exams among the countries where data were available. The U.S. and Japan were among the countries with the highest number of these imaging machines.