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Tag: Medical Negligence

Hospital Failed to Immobilize Spine After Car Accident

Posted on by Burton Bentley II, M.D FAAEM

A Boca Raton Regional Hospital patient has charged the emergency room staff with medical negligence following a 2012 car accident. Silkworth argues that while the accident damaged her spine, she could move her extremities upon admission to the ER. She believes that because the hospital failed to immobilize her spine during treatment, she is now paralyzed from the waist down. Her attorney describes her treatment as not following appropriate spinal immobilization precautions and protocol. However, the defense contends the crash itself permanently paralyzed Silkworth.

Silkworth was unbelted in the back seat of a taxi during the crash and was reportedly intoxicated with a blood level almost triple the legal limit. EMSWorld.com explains that clear communication with the patient is essential in the assessment of spinal injuries.

Assessing the cervical spine is entirely subjective, and the patient must be a full participant in the evaluation process. If the patient is unable to focus on his own cervical spine, the provider will have an inaccurate evaluation. Caregivers must take an all-or-nothing approach to this assessment criterion; patients presenting with any decrease in responsiveness should be fully immobilized…

Sedation, whether by alcohol or another substance, impairs the patient’s ability to feel pain or tenderness and negates any assessment. There is some redundancy here, in that intoxicated patients will often respond more slowly to stimuli. Note that the standard is simply evidence of intoxication. It is impossible in the field to determine ingested levels of intoxicants; therefore, prehospital personnel must be careful and choose immobilization if there is any question of impairment.

Emergency medicine professionals treat acutely ill and injured people. ER physician training includes four years of medical school and a minimum of 36 months of post–medical school training under the control of an Emergency Medicine residency program. Licensure and regular continuing education is mandatory.

When claims of negligence are brought against these physicians, the emergency medicine expert witness consults and testifies on whether the standard of care was breached. Hiring a board certified expert from a leading university provides an impartial advocate to support your case.  These experts have mastery of emergency medicine procedures, as well as a commitment to the medical code of ethics. Contact ELITE Medical Experts to find the most accomplished emergency medicine expert witness for your case.

HealthCare Partners Charged With Pediatric Medicine Negligence

Posted on by Burton Bentley II, M.D FAAEM

Long Beach, CA, mother Samantha Knox is charging HealthCare Partners with medical malpractice in their care of her son EJ. Knox visited HealthCare Partners pediatricians and urgent care providers five times. They diagnosed the 8 month old with a viral infection. A month after symptoms first appeared, Knox took her son to the ER at Long Beach Memorial Medical Center. An X-ray revealed he had a penny stuck in his esophagus that was impeding his breathing. He was immediately taken to Miller Children’s Hospital where the penny was removed. A specialist told Knox that the penny had been there for 37 days based on the corrosion. The penny had caused her son’s 103 degree fever, rash, and listlessness as well as two ulcers.

Knox filed a complaint with the Medical Board of California which is pursuing the case against providers at HealthCare Partners. The medical group is composed of more than 65 medical offices and employs more than 600 primary care and specialty physicians in Southern California.

Pediatricians diagnose and treat conditions among children including injuries, organ dysfunctions and diseases, critical care medicine, neonatal medicine, and more. They treat patient in private offices, urgent care facilities and hospitals. The pediatric urgent care center is designed to treat minor injuries and illnesses such as minor head injuries, allergic reactions without breathing problems, rashes, etc. and is open during the hours that primary care physician’s offices are closed. Emergency rooms treat children with serious injuries such as bleeding that won’t stop, trouble breathing, head injuries with loss of consciousness, etc., and are open 24 hours a day, seven days a week.

Medical malpractice litigation in pediatrics may involve allegations of missed or delayed diagnoses of life threatening conditions, as in the lawsuit Samantha Knox filed against HealthCare Partners. Pediatric emergency medicine expert witnesses are critical in medical malpractice cases.  They bring in-depth understanding of pediatric issues and present their impartial opinions to the court. Contact ELITE Medical Experts  to find the board certified and best qualified pediatric emergency medicine expert witness you need for your case.

Did The Interventional Cardiologist Cause Medical Harm?

Posted on by Burton Bentley II, M.D FAAEM

An interventional cardiologist has specialized training in order to diagnose and treat coronary artery disease. These medical specialists use catheterization and other procedures to clear blocked arteries, correct congenital heart abnormalities and repair heart valves. Procedures include:

Cardiac catheterization – used to determine the severity and extent of cardiovascular problems

Coronary angioplasty – used to open arteries that have been narrowed by atherosclerosis

Percutaneous valve repair –  repairs the valve without removing the old, damaged valve

Balloon valvuloplasty – widens a heart valve that is narrowed

Atherectomy – removing atherosclerosis from blood vessels within the body

When an IC doctor is charged with a medical negligence claim, an interventional cardiology expert witness is often required to address causation. Dr. Burton Bentley writes:

In additional to opining on standard of care, causation arguments may arise when an interventional cardiologist is alleged to have acted negligently. In other words, did the alleged malpractice result in harm? Interventional cardiology experts also evaluate causation when a patient suffers a deprivation of care by not being referred to an interventional cardiologist in a timely manner. For example, allegations may arise when a primary care provider fails to refer a patient with chest pain, or when an emergency medicine specialist delays admission to the cardiac catheterization lab. Such situations mandate meticulous analysis, and only a credible and independent interventional cardiology expert witness can connect the dots.

Since interventional cardiology experts are also cardiologists, IC experts are also called upon to determine the existence, nature, extent, and prognosis of cardiac harm. For example, when a patient suffers a myocardial infarction (i.e. heart attack), what is the extent of the injury and how will it impact the patient’s health? Investigating the status and degree of cardiac harm is an essential strategic element is many cases…

In a cardiac negligence case, a skilled and impartial interventional cardiology expert witness will be key in your case’s success.

Suboxone off-label use and and fatal interactions

Posted on by Burton Bentley II, M.D FAAEM

Hospitalists  work at the hospital full-time to provide care to hospitalized patients,  including attending to any emergencies that may arise. They must adhere to the generally accepted standards of internal medicine and/or surgery. In the news, the wife of Marine Corps veteran Jason Simcakoski has filed a wrongful death lawsuit against the the staff at Tomah (Wisconsin) VA Medical Center. In 2014 Heather Simcakoski filed a settlement claim with the U.S. Department of Veterans Affairs for damages due to alleged negligence of VA medical staff. Mrs. Simcakoski’s attorney states that government officials did not address the settlement claim she filed which prompted the lawsuit. Jason Simcakoski died from a mixture of drugs prescribed by his physicians. The complaint addresses hospital practices regarding prescription medicine:

Dr. Davis and Dr. Houlihan never informed Jason that they were prescribing Suboxone for an off-label use. Nor was Jason informed of the risks of initiating Suboxone treatment in any respect.

Suboxone is FDA-approved to treat patients with opioid dependence. Jason Simcakoski was not, at the time of this prescription, dependent on opioids.

Dr. Davis was not authorized to prescribe Suboxone to patients.

At the time Suboxone was ordered, given the other drugs Jason was receiving, the dispensing pharmacist should have warned the prescribing physician that the Suboxone prescription, together with the other drugs Jason was prescribed, results in a series of Class D drug interactions, indicating the clinician should consider other therapy options…

The Monroe County Medical Examiner determined that Jason’s cause of death was mixed drug toxicity.

A subsequent Office of Inspector General report found that the additive respiratory depressant effects of Buprenorphine and its metabolite NorBuprenorphine, together with Diazepam and its metabolites as prescribed to Jason Sirncakoski were the plausible cause of his death.

The complaint also addresses medical procedures.

On August 30, 2014, a nursing staff member found Jason unresponsive. Cardiopulmonary resuscitation was not initiated by hospital staff for approximately 10 minutes. Emergency responders did not arrive until approximately 20 minutes after Jason was found unresponsive. Resuscitation efforts were unsuccessful and Jason was pronounced dead at 3:39 p.m.

Litigation alleging a lapse in the standard of care in a hospital setting will often require the testimony of a hospitalist expert witness. Hospitalists typically spend most or all of their work day in the hospital rather than outside the hospital in a medical office.  They are able to focus specifically on the care of hospitalized patients. Hospitalists are trained to provide prompt and complete attention to all patient care needs.  When medical negligence regarding the diagnosis, treatment or performance of medical procedures in a hospital setting is alleged, the hospitalist expert witness is able to evaluate the evidence and opine on whether the standard of care was breached.

Colorado Medical Practice Act Violation Lawsuit

Posted on by Burton Bentley II, M.D FAAEM

Neurologists specialize in disorders of the central nervous system such as stroke, dementia, multiple sclerosis, and Parkinson’s disease, as well a number of other pain-related conditions. Neurology expert witnesses are called upon to consult and provide testimony in cases involving neurologists who do not follow the medical standard of care and/or violate the Medical Practice Act in their state. These statutes govern the practice of medicine as well as the requirements and methods of licensure. Medical Practice Acts were adopted to protect the public from unqualified doctors and fraudulent medical procedures.

The Colorado Medical Board suspended a Fort Collins neurologist’s license pending charges that he violated the Colorado Medical Practice Act. Dr. Timothy Jay Allen instructed medical students to fill prescriptions in their names and then return the drugs to him for his personal use. Neurology expert witnesses are hired in this type of case to review medical records and opine on the standard of care provided by the defendant. These experts are able to testify in neurology medical malpractice lawsuits as well as cases involving violations of applicable state statutes.

Colorado Medical Board Rules may be found here.  More information on the history of medical practice acts: The Early Development of Medical Licensing Laws in the United States, 1875-1900.

Cardiology Medical Malpractice

Posted on by Burton Bentley II, M.D FAAEM

Cardiologist Dr. Arvind Gandhi and his associates at Cardiology Associates of Northwest Indiana, P.C., are under investigation for allegedly performing unnecessary surgeries. Over 300 patients have accused the medical practice of implanting pacemakers, defibrillators, and stents they didn’t need. Plaintiff attorney David Cutshaw had a doctor review 12 defibrillators implanted by Gandhi. Seven of the procedures were found to have been medically unnecessary.  The cardiology group is facing charges of medical malpractice, violations of the False Claims Act, and Medicare fraud.

In December 2015, a Lake Superior Court jury awarded Shannon Greer $450K in the wrongful death lawsuit against Ghandi. Her late husband died after the doctor treated him for an infected pacemaker. In the hospital, Gandhi took out the device, washed it off with antibiotics and reinserted it. Two weeks later, Greer returned to the hospital to have the pacemaker removed because it was still infected. Returning home, the 65 year old patient collapsed and later died in the ER.

The American Heart Association states:

Complete removal of all hardware, regardless of location (subcutaneous, transvenous, or epicardial), is the recommended treatment for patients with established CIED (cardiovascular implantable electronic device) infection. This includes cases in which a localized pocket infection occurs in the absence of signs of systemic infection. Complete removal of hardware is needed because infection relapse rates due to retained hardware are high. Erosion of any part of the CIED should imply contamination of the entire system, including the intravascular portion of leads, and complete device removal should be performed.

Cardiologists and hospitals are under scrutiny by regulators for performing unnecessary medical procedures. The Indiana Lawyer reports that Cardiology Associates of Northwest Indiana “routinely performed unneeded procedures, sometimes scheduling patients for invasive procedures such as angiograms every six months.” Medical malpractice litigation against a cardiologist may involve improper or delayed treatment of coronary artery disease.  Cardiology expert witnesses are qualified to assess the standard of care provided by a cardiologist or hospital charged with performing unnecessary surgeries. These experts are trained to be an invaluable part of the discovery team and present medical records to the court with full transparency.

Contact ELITE today to find a cardiology expert witness for your medical malpractice case.

NY Medical Malpractice Law

Posted on by Burton Bentley II, M.D FAAEM

New York legislation to change the state’s medical malpractice law did not pass before the end of the current session. Lavern’s Law is named after Lavern Wilkinson, a 41-year-old mother who died in 2013 of a curable form of lung cancer. By the time she filed a malpractice complaint, the statute of limitations had run out.  Another cancer patient, Elissa McMahon was treated for what doctors told her were benign uterine fibroids in 2012.  Two years later, her new doctors told her that she had advanced uterine cancer that had spread to her liver and spine and that the disease should have been caught in 2012. As in Wilkinson’s case, it was too late to file a malpractice suit.

Statutes of limitations are dependent upon the cause of action and vary from state to state. The passage of Lavern’s Law in New York would have changed the statute of limitations to begin when an error is discovered, not when the medical mistake occurred. Sponsored by Helene E. Weinstein, A00285 “amends the civil practice law and rules, in relation to accrual of causes of action for medical, dental and podiatric malpractice.”

Oncology lawsuits often allege failure to diagnose and/or failure to treat.  Oncology experts consult and testify in medical negligence cases such as McMahon’s.  They are knowledgeable on applicable laws and skilled in evaluating alleged misdiagnosis and/or mistreatment. These experts can be counted on to present an unbiased and professional assessment to the court as to whether doctors met the medical standard of care for oncology.

 

Pediatric Neurologist Opines In Dravet Syndrome Lawsuit

Posted on by Burton Bentley II, M.D FAAEM

Pediatric neurology experts specialize in the treatment of pediatric neurological conditions including the management of seizures as well as the side effects of medications used to treat seizures. These medical experts are knowledgeable regarding seizure disorders such as seizures in newborns, febrile convulsions, and epilepsy. They may also be called upon to consult on the medical aspects of head injuries and brain tumors, cerebral palsy, muscular dystrophy, and nerve muscle disorders.

Pediatric neurologist Max Wiznitzer served as an expert witness in the wrongful death lawsuit filed by Amy Williams against Quest Diagnostics in the death of her son.  Christian Millare passed away of a seizure in 2008 at two years of age.  Ms. Williams believes his death could have been prevented had he received the proper diagnosis and treatment.  Her South Carolina U.S. District Court petition accuses Quest Diagnostics of failing to report that Christian had Dravet, a rare seizure disorder. She believes that if doctors had received correct lab results, her son would have been treated for the genetic mutation and not succumbed to the fatal seizure. The Dravet Syndrome Foundation explains the condition:

Dravet syndrome, also known as Severe Myoclonic Epilepsy of Infancy (SMEI), is a rare and catastrophic form of intractable epilepsy that begins in infancy… It is a debilitating, life-long condition that can severely impede the quality of life of the patient. Patients experience frequent seizures, poor seizure control, and developmental delays. Initial seizures are most often prolonged events and in the second year of life other seizure types begin to emerge.

Only the most knowledgeable and experienced pediatric neurology expert witness may opine in a lawsuit of this complexity. These medical professionals are able to explain the medical conditions inherent in Dravet syndrome as well testify on appropriate diagnosis and treatment.

Contact ELITE Medical Experts to find a knowledgeable, experienced pediatric neurology expert witness for your case.

Pelvic Surgery Complications

Posted on by Burton Bentley II, M.D FAAEM

Maria D. Ramirez has filed a medical malpractice complaint in Cook County Circuit Court against Presence Chicago Hospitals Network.  She was admitted to the hospital in 2014 for removal of an ovarian cyst and suffered bowel perforation during the procedure. Ramirez experienced pain and incurred medical costs which she is seeking to recover. A bowel perforation is a surgical emergency, requiring immediate treatment to prevent further complications such as infection or death. The plaintiff states the hospital staff failed to obtain a surgical consultation in a timely manner or properly diagnose the bowel perforation.  Patients with this condition often need surgery to repair the perforation and remove any waste material that has leaked from the intestine into the abdominal cavity.

Gynecology expert witnesses are needed to consult on both standard of care and causation in complex medical malpractice cases such as this.  These experts are trained to write reports and testify regarding allegations of negligence following gynecologic surgery.  Pelvic surgery has the potential for unforeseen complications which may involve ureteral, bladder, or bowel injury. The expert witness analysis on how the medical team handled the surgical complication is essential in a malpractice case such as Ramirez v. Presence Chicago Hospitals Network, et al.