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Tag: Medical Negligence

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A cancer misdiagnosis lawsuit may be filed when a physician fails to order timely screenings, uses outdated tools and procedures, or fails to diagnose cancer.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.

 

 

The Value In Listening To The Patient

Posted on by Burton Bentley II, M.D FAAEM

Dr. Rui Amaral Mendes, associate editor of BMJ Case Reports, writes that doctors need to listen carefully to their patients and build a timeline of what happened rather than relying heavily on scans and tests. This is in response to a British patient whose partial dentures got stuck in his throat during surgery and weren’t discovered for eight days. The BMJ is a weekly peer-reviewed medical journal and one of the world’s oldest general medical journals. Originally named the British Medical Journal, the title was officially shortened to BMJ in 1988, and then changed to The BMJ in 2014.

The patient went to the emergency room because he was having a hard time swallowing and was coughing up blood. ER doctors ordered a chest X-ray, diagnosed him with pneumonia and sent him home with antibiotics and steroids. Over the next several weeks, he returned to the hospital four times with episodes of coughing that produced blood. Doctors then discovered that the man had a torn artery in his neck near the area where the dentures had caused tissue damage. The patient required another emergency surgery, along with several blood transfusions.

Earlier in 2019, the journal Case Reports in Surgery described a 50-year-old man in Turkey who apparently swallowed his dentures during sedation before surgery. Ingestion of Partial Denture after General Anesthesia Induction and Ventılation: A Rare Case, Hakan Akelma et al, Case Reports in Surgery, Volume 2019, published 29 May 2019.

Most anesthetists work from the mouth. To prevent perioperative dental damage and complications, it is important to determine the dental status of the patient and identify any sensitive teeth or soft tissues and the anesthesia risk factors associated with these in a full preoperative evaluation. Nowadays, many patients have dentures which are more fragile than the natural teeth. The increased use of partially fixed dentures in the elderly increases the possibility of swallowing prostheses. This possibility is often overlooked. If it is not noticed that the patient has partial dentures, there is a possibility that the denture will be pushed into the oesophagus and swallowed during ventilation with positive pressure following preoperative induction. … Complications of prosthesis ingestion include necrosis, perforation, penetration of adjacent organs, bleeding, and obstruction.

Emergency medicine specializes in the treatment of acutely ill and injured people. The emergency medicine doctor has completed complex training which typically lasts three to four years. Litigation in emergency medicine may involve allegations of missed or delayed diagnoses of life-threatening conditions, mismanagement of acute illness, and inappropriate discharge from the emergency department. Contact Elite Medical Experts to retain a hand-selected emergency medicine expert witness with the credentials needed in your case.

Birthing Team Did Not Use Continuous Fetal Heart-Rate Monitor

Posted on by Burton Bentley II, M.D FAAEM

A Suffolk County, MA, jury awarded the family of Aiden Boulter $30.6M after finding that Cross Country Staffing Inc. was negligent in the care of Kim Boulter and her newborn son. The medical staffing company supplied the nurse responsible for monitoring Aiden’s heart rate at Massachusetts General Hospital in January 2013. Kim Boulter had a healthy pregnancy but when their son was born, he was not breathing and had almost no heartbeat. The birthing team had not been using a continuous fetal heart-rate monitor. Aiden was left with severe brain injuries which resulted from the umbilical cord being wrapped around his neck during birth. Aiden is now six years old and cannot walk, speak, or eat on his own. The family charged the medical team with medical negligence. MGH, the nurse, and the obstetrician were initially named as defendants in the Boulter’s lawsuit but settled before the case went to trial.  Before the jury verdict, Cross Country Staffing reached a confidential settlement with the family.

Plaintiff’s attorney Benjamin R. Zimmerman argued that MGH policy requires the use of a continuous fetal heart-rate monitor when pushing during the second stage of labor stretches past two or three hours. The intermittent readings suggested that Aiden Boulter’s heart rate was normal, but Zimmerman said he believes the nurse was actually measuring the mother’s heart rate and not that of the baby. Zimmerman argued that if the abnormal heart rate had been detected, Aiden could have been delivered quickly and avoided severe brain injuries.

Nursing expert witnesses are called upon to testify in cases alleging medical negligence by nurses in specialties such as labor and delivery. They have met the requirements to obtain a nursing license and are knowledgeable in the rules and regulations laid out by each state’s Nurse Practice Act. Claims against nurses may allege the failure to recognize or report high-risk situations such as signs of fetal distress. Elite Medical Experts has a proven record of success in complex nursing litigation. Contact Elite Medical Experts to retain the most qualified expert witness for your case.

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.

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.