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

Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case. The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.” The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

North Carolina Physician’s Assistant Found Negligent in Mother’s Death

A physician’s assistant (PA) was found negligent in the death of a 42-year-old woman from congestive heart failure less than two months after giving birth to twins at The McDowell Hospital in Marion, NC. The lawsuit was brought by the husband who claimed the defendants did not do all they could to save the life of his wife.

The man will be awarded $667,000 in the case where he was seeking $6.8 million. The suit was filed against seven doctors, one physician’s assistant, Asheville Radiology, The McDowell Hospital and McDowell Emergency Physicians. Most of the defendants settled out of court, however, two doctors, the PA and McDowell Emergency Physicians took the case to court.

The woman was diagnosed with pneumonia after giving birth in February, 2008, and was prescribed a medication for treatment upon her discharge. Suffering from shortness of breath and nausea, the woman returned to the emergency room several times within the following weeks and was again treated for pneumonia. […]

Iowa to Pay $875K After Hospital Error Resulted in Amputation of Leg

The Des Moines Register reports that the state of Iowa has settled a lawsuit filed against the University of Iowa Hospitals and Clinics after a young girl went to the hospital in 2007 for a stomach surgery, and had to have her leg amputated after she developed compartment syndrome.

The state will pay $875,000 to the now 16-year-old girl who had her right leg amputated and her left leg now suffers a permanent foot drop. The suit alleged that the girl’s legs were elevated for over 10 hours causing increased pressure to build in her leg muscle compartments, leading to muscle and nerve damage.

The hospital is overseen by the Iowa Board of Regents and the State Appeals Board had to approve the settlement.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]

Lawsuit Settles for $650K After Sponge Left in Patient

The Good Samaritan Medical Center in West Palm Beach, Florida paid $650,000 to settle a lawsuit against a man with a “retained foreign object and medication error.” The man also reached a confidential settlement against two radiologists.

The now 68-year-old man was admitted to the hospital in October 2009 to undergo surgery for diverticulitis. His recovery was slow, and after five months he was in more pain than prior to his surgery. He went back to the doctor and had several X-rays and CT scans before the surgeon and gastrointestinal doctor found a surgical sponge in his stomach that had been left behind during surgery.

The man declined further treatment at Good Samaritan and went to another hospital to have the sponge removed and a portion of his intestines, due to perforation. The man also received an incorrect dosage of blood pressure medicine, however, he did not have any lasting issues over that error. […]

Colorado Medical Malpractice Suit Against Nurses Settled

Undocumented immigrant receives $700,000 in medical malpractice suit settlement

The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago. The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.

The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.

The lawsuit only covered the negligence by the nurses. The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center. […]

$1.25 Million Awarded After Surgeon Was Found Negligent

Surgeon found negligent in botched procedure

A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.

The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.

Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]

Widow Awarded $6.7 Million in Medical Malpractice Case

The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor. The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.

The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]

$2.5 Million Awarded for Failure to Diagnose Colon Cancer

A Virgo County, Indiana jury has awarded $2.5 million to a now 42-year-old former police officer whose doctor failed to diagnose his colon cancer in 2004. The Tribune Star reports the lawsuit was filed against Dr. John Morse of AP&S Clinic in Terre Haute, Indiana in January 2009.

At 35 years old, the man went to the doctor with rectal bleeding and complaints of other gastric discomforts. Neither a sigmoidoscopy nor colonoscopy was done to rule out colon cancer. An upper G.I. test was done because of other problems the patient reported. After moving to another state and consulting a different doctor in 2006, he was diagnosed with Stage 4 incurable colon cancer. He has been given less than a year to live.

Under Indiana’s statutory limit, the award will be reduced to $1.25 million.

Our experienced lawyers know that medical errors are responsible for between 44,000 and 98,000 wrongful deaths every year in American hospitals. […]

New Hampshire Woman Sues Hospital & Doctors for $5 Million

A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.

On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.

She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]

Pennsylvania’s Munley Law Personal Injury Attorneys Ranked Among America’s Best Law Firms

Munley Law Personal Injury Attorneys, a prominent Pennsylvania personal injury law firm with more than 40 years of experience, has won a coveted place on a list of the nation’s best law firms, published in September jointly by U.S. News & World Report and Best Lawyers magazine. “To make this highly competitive list is an honor and a reward for years of intensive and quality work by our lawyers on behalf of our clients,” said Robert W. Munley, the founding partner of the firm.

The rankings are presented in tiers both nationally and by metropolitan area or by state, and they showcase 8,782 different law firms ranked in one or more of 81 major practice areas. Peer surveys combined with more than 3.1 million evaluations of individual lawyers in the most recent Best Lawyers survey of leading lawyers are used to develop the rankings.

“U.S. […]

$2.6M Medical Malpractice Verdict In Bethlehem

Doctor at fault for cancer misdiagnosis

Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.

A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.

The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.

Our attorneys have decades of experience handling complex medical malpractice cases. […]

$3.5 Million Awarded In Lawsuit Over Botched Surgery

The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.

In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.

The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.

Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

$1.6 Million Awarded In College Basketball Player’s Death

According to the Associated Press, a jury has awarded parents $1.6 million in their medical malpractice lawsuit filed following their son’s death on an Eastern Connecticut State University basketball court.

The 22-year-old senior collapsed during a basketball game in 2005. The parents alleged the doctor who examined him in 2001 should have found the congenital heart defect known as hypertrophic cardiomyopathy. The doctor found him to be in excellent health and signed his college medical form.

The doctor scheduled an echocardiogram for the young man after the examination, but he did not show up for the test.

Our attorneys at Munley Law are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

Patients Undergo Risky, Unnecessary Medical Procedure

The Baltimore Sun reports hundreds of heart patients from St. Joseph Medical Center in Towson, Maryland may have undergone an unnecessary medical procedure. St. Joseph Medical Center calls itself the busiest heart catheterization center in Maryland, and is thought of as one of the primary cardiac care facilities in the area.

At least 369 patients have received letters informing them they may have received expensive and potentially dangerous coronary stents they did not need. At the time of their surgery the patients were told they needed the stent to open an artery which had severe blockage. They have since learned their blockage was only minor.

Dr. Mark Midei is the only doctor implicated in the hospital investigation so far. He allegedly told patients they had up to a 90 percent blockage, when in fact they had only a 10 percent blockage. In other patients, he placed two stents when only one was necessary. […]

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, but Mr. […]

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, […]

Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit

The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.

After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.

Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.

Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]