Medical Malpractice

What is Medical Malpractice?

Medical Malpractice is, “bad, wrong, or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting. in injury, unnecessary suffering, or death to the patient, and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or a malicious or criminal intent .” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). Like general malpractice, it refers to negligence in a professional setting. However, it is limited to healthcare providers, such as a doctor or hospital.

Medical malpractice occurs when a healthcare provider deviates from the applicable standard of care, intentionally or unintentionally, and harms a patient. Cases such as Napier v. Greenzweig show that medical malpractice can be as blatant as ignoring understood rules, or it can be a mistake like a severe surgical error or a misdiagnosis. Medical malpractice is considered to be a serious issue, and healthcare providers found liable for malpractice often pay extensive damages. Occasionally, a doctor may lose their license to practice medicine if malpractice is severe enough or repeated.

Fully understanding cases of medical malpractice often involves some level of medical knowledge. Because of this, it is difficult to prove medical malpractice in court, and expert witnesses are typically needed to testify about a healthcare provider’s negligence.

More information about Medical Malpractice

Jury Awards $15M After Medical Errors Caused Boy’s Death

A Suffolk County jury has found two doctors at Children’s Hospital Boston caused the death of a 3-year-old boy and must pay his parents $15 million, reports the Boston Globe. This is an unusual amount for a medical malpractice case involving death — settlements this large are more usual for severely injured patients requiring years of expensive treatment.

The Pennsylvania boy was born with Tetralogy of Fallot, a complex but treatable birth defect which affects the flow of blood through the heart. After several surgeries to try to widen the arteries carrying blood to his heart, the young boy was referred to another doctor who performed a catheterization. Within hours of this surgery the boy suffered a seizure found to be caused by contrast dye used in the surgery leaking into his brain.

During an MRI a tiny piece of metal — probably from a medical instrument — […]

Boy’s Parents Awarded $22.3M In Medical Negligence Suit

The Chicago Sun-Times reports a Cook County jury has awarded the parents of a 10-year-old boy $22.3 million in a medical negligence case that resulted in the loss of the boy’s leg shortly after his birth.

The young boy was born in May 1999 with a congenital heart defect which required a shunt procedure performed at Advocate Christ Medical Center/Hope Children’s Hospital in Oak Lawn, Illinois. Two weeks after being sent home, the parents returned the infant to the emergency room.

The lawsuit alleged his left leg had to be amputated due to mistakes made in the operating room. The child also suffers from cognitive deficiencies and developmental delays alleged to be caused by the delayed treatment and cardiac catheterization.

The jury found the hospital and staff were negligent in failing to diagnose the infant’s shunt problems in time and subjecting him to an unnecessary catheterization. […]

$4.34 Million Awarded To Veteran Paralyzed After Spinal Surgery

A 66-year-old veteran who alleged he was left paralyzed from spinal surgery at the Veterans Administration Medical Center in West Los Angeles has been awarded $4.34 million by a federal judge, according to Courthouse News Service.

In October 2005, Alvin Johnson had spinal surgery to correct a ruptured disc at the VA medical center, according to the article. Doctors injected Surgifoam, a material which absorbs blood and other fluids, into the space created once the ruptured disc was removed.

According to the complaint, the doctors did not remove all the excess foam and it expanded, pressing against the spinal cord. When the veteran’s daughter was notified two and a half hours later, Mr. Johnson had no feeling from his neck down and was nearly completely paralyzed.

An MRI showing the spinal cord was compressed was ordered by another doctor, […]

Alleged Hospital Error Using Fentanyl Patch Fatal To Autistic Teen

Autistic teen dies from accidental drug overdose in medical malpractice case

A wrongful death lawsuit alleges a 15-year-old Autistic boy died in March when he was given a Fentanyl patch to alleviate his pain from a routine tooth extraction, reports Seattlepi.com.

Seattle Children’s Hospital sent Michael home with his mother on March 9, following the extraction, with the fentanyl patch for pain, according to a civil suit filed earlier this month in Washington’s King County Superior Court. Family members found him unresponsive the next morning and paramedics were unable to revive him – he was pronounced dead at his home.

The medical examiner report states the boy died from a drug overdose caused by the fentanyl patch, which is usually used for patients with chronic pain such as cancer patients, the newspaper reports.

Children’s Medical Director has admitted the hospital staff erred when if prescribed the fentanyl to Michael, […]

$10 Million Awarded to Amputee in Houston Medical Malpractice Lawsuit

Man has leg, fingers, and toes unnecessarily amputated due to botched procedure

According to the Houston Chronicle, a Harris County jury has awarded a Houston man $10 million in a lawsuit filed against Methodist Hospital and the doctors who treated him there.

In 2002, the man underwent heart surgery for an improperly functioning valve. After the surgery, he developed gangrene and had to have multiple amputations, including his left leg above the knee, his fingers and the toes on his right foot.

The lawsuit alleged Methodist Hospital failed to monitor the patient properly for blood disorders after they administered the drug Heparin. Heparin is a widely used blood thinner that is known to have side effects including immunological reactions that cause excess bleeding. This, alleged the plaintiff, resulted in the development of gangrene.

If you or a loved one in Pennsylvania has been harmed by a medical mistake, […]