A magnetic resonance imaging scan, commonly called an MRI, gives doctors a detailed view of the soft tissues of the body and is especially helpful in neurological, musculoskeletal, cardiovascular and oncological (cancer) imaging. A contrast agent, similar to a dye, is often used during MRI’s in order to enhance the quality of imaging. These contrast dyes may also be used during magnetic resonance angiography scans (MRA’s) and “CT” scans. One type of contrast agent which uses the toxic substance gadolinium has been linked to causing those with kidney problems to develop a disease called nephrogenic systemic fibrosis (NSF), formerly called nephrogenic fibrosing dermopathy (NFD). NSF/NFD is characterized by the formation of thick, hard skin on the extremities and the fibrosis of organs. The symptoms of this debilitating disease include:

• Burning, itching, swelling, or hardening of the skin
• Red or dark patches on the skin
• Yellow spots on the whites of the eyes
• Stiff joints and trouble moving the limbs
• Hypertension
• Deep bone pain in the hips and ribs
• Symmetrical skin lesions

According to the FDA, patients usually experience these symptoms between 2 days and 18 months after being exposed to gadolinium. In 2006, researchers found that NSF/NFD is directly caused by the use of gadolinium-based contrast agents during magnetic resonance imaging (MRI) and magnetic resonance angiography (MRA) in those with kidney problems. Patients with properly functioning kidneys can quickly expel gadolinium from their bodies, but patients with kidney problems cannot and therefore the toxic substance remains in their bodies and causes harm. A recent study revealed that 2.4% of the time that a patient with advanced kidney disease was exposed to gadolinium they developed NSF/NFD. There are 5 gadolinium-based contrast agents approved for use in the U.S.:

1. Omniscan (gadodiamide)
2. MultiHance (gadobenate dimeglumine)
3. Magnevist (gadopentetate dimeglumine)
4. ProHance (gadoteridol)
5. OptiMARK (gadoversetamide)

Of these, the majority of all reported NSF/NFD cases involve Omniscan, with 5 out of 9 patients diagnosed with the disease having received an MRI involving Omniscan. There is no current cure for NSF/NFD but the most effective treatment option is often a kidney transplant. Many lawsuits have already been filed against GE Healthcare, the company who manufactures Omniscan, for failing to warn of the risk that the contrasts pose for patients with kidney problems. It is also crucial that doctors administering gadolinium-based contrast agents use the lowest dosage possible. Although no recall has been ordered and gadolinium-based contrast agents are still in use, the FDA has ordered that warnings be placed on these contrast agents in order to alert patients and healthcare professionals of the risks. If you or a loved one has developed NSF or NFD after having undergone an MRI or MRA involving a gadolinium-based contrast agent, you may be entitled to compensation. Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Shoulder pain pumps and post-arthroscopic glenohumeral chondrolysis (PAGCL)

The use of intra-articular shoulder pain pumps for pain management after arthroscopic surgery has been favored over oral painkillers because the medication is delivered immediately. These pain pumps involve the insertion of a catheter which emits local anesthesia directly into the surgical site and are often used for 2-3 days after surgery. However, the use of these pain pumps, such as the Stryker pain pump or the I-Flow On-Q pump, has now been linked to the development of a condition called post-arthroscopic glenohumeral chondrolysis (PAGCL). This condition involves the deterioration of the cartilage in the shoulder joint resulting in the following symptoms:

• Shoulder pain and stiffness
• Clicking, popping, and grinding of the shoulder
• Shoulder weakness
• Decreased range of motion
• Shrunken shoulder joint (visible on X-ray)

These symptoms typically manifest within 3-12 months after surgery. Those diagnosed with PAGCL often report that the symptoms of this condition are worse than the symptoms that they originally sought surgery for. Many individuals require a joint replacement surgery to reduce the pain caused by the bone-to-bone contact in the shoulder that results from the loss of cartilage. Recent studies have established that there is a definite risk of developing PAGCL after using shoulder pain pumps. One study conducted by Dr. Charles Beck which was published in the American Journal of Sports Medicine found that 63% of subjects who used a pain pump after surgery developed PAGCL. This recent medical information suggests that shoulder pain pumps should be avoided, especially those administering bupivacaine and epinephrine. Despite studies conducted in 2006 and 2007, the manufacturers of shoulder pain pumps (including Stryker, DJO Inc., I-Flow and BREG Inc.) failed to warn about the risk of developing PAGCL after using their pain pumps. Pain pumps continue to be used and have no warning against pointing the catheter into the joint space, although this is what research cites as the cause of developing PAGCL. PAGCL is a serious condition which can result in the need for shoulder replacement surgery, life-long pain, and/or lost mobility. If you or a loved one has sustained injury after using an intra-articular shoulder pain pump, you may be entitled to compensation from the manufacturers who failed to warn consumers and the medical community about the risk of developing PAGCL. Please call us at (727)781-3433 for a free initial consultation or submit a simple case form.

Mesothelioma and wrongful death

Since the early 1940’s, the collective group of minerals known as asbestos has been used extensively in the construction, shipbuilding and heating industries. Asbestos can be found in homes built between 1930 and 1970, paint compounds used prior to 1977, some vinyl floor tiles, cement pipes and roofing shingles. However, it is not until more recently that people who were previously exposed to asbestos (the Mesothelioma and Asbestos Disease Society estimates that 27,000,000 Americans have been exposed) have suffered from diseases that directly resulted from their exposure to this substance. The most deadly of these asbestos-related diseases is mesothelioma, a form of cancer found in the lining of the chest, abdomen and heart. The National Institute of Cancer lists working with asbestos as the #1 risk factor for mesothelioma and reports that there are 2,000 new cases of mesothelioma diagnosed in the U.S. each year. Mesothelioma is almost always fatal, with the survival rate averaging 11 months. The Health and Safety Executive reported 2,037 deaths caused by mesothelioma in the year 2005 alone. Common symptoms of mesothelioma include:

• Fluid build-up around the chest-lining or abdomen
• Coughing
• Anemia
• Tumors
• Nausea
• Fever
• Sweating
• Shortness of breath

Those who have been exposed to high levels of asbestos are most at risk for mesothelioma. This includes construction workers, plumbers, carpenters, drywall removers, firefighters, electricians and those living within close proximity to industries that make or use asbestos products. Additionally, paraoccupational, or family, exposure occurs when someone is exposed to asbestos fibers brought home on the clothes, skin or hair of a family member who comes into frequent contact with asbestos. Death caused by mesothelioma often warrants a wrongful death case because the manufacturers producing products containing asbestos and the companies requiring employees to work in conditions involving asbestos have known about the dangers of this substance for years. If you have sustained any asbestos-related diseases (including mesothelioma and asbestosis) or a loved one has died due to an asbestos-related disease caused by the negligence of another, please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Chantix’s suicide side-effects

Chantix, a medication manufactured by Pfizer and first introduced in 2006, once offered smokers hope that they could successfully quit smoking and prolong their lives. The once-daily pill is part of a 12-week program that has been hailed as the most successful smoking cessation drug available thus far and works because the active ingredient, varenicline tartrate, attaches to nicotine receptors in the brain and thereby blocks nicotine from reaching them. As a result, the pleasurable feelings formerly felt after lighting up disappear and the urge to smoke soon follows. However, Chantix has now been cited by the FDA for the serious side effects associated with its use. As of February of this year, the FDA registered 491 cases involving suicide attempts associated with Chantix, out of which 37 people committed suicide while taking Chantix. Recent class-action and individual lawsuits are blaming the manufacturer for failing to list these potentially fatal side effects on the warning label. Normal side effects while taking Chantix include nausea, dizziness, headache, loss of taste, changes in dreaming, constipation and gas. However, some of the serious side effects to look out for include:

• Depression
• Suicidal thoughts
• Aggression
• Hallucinations
• Anxiety
• Abusive behavior

If you or a loved one has experienced physical injury or death as a result of a suicide or suicide attempt while taking the drug Chantix or after having recently taken Chantix, compensation may be available through an individual Chantix lawsuit. Please call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Baxter Heparin recall

The medication Heparin is a blood thinner, or anti-coagulant, which is used during surgery and dialysis to prevent blood clots. However, this drug has recently been linked to up to 81 deaths and 800 adverse reactions as reported by the Federal Drug Administration. The company Baxter International, who manufactures about 50% of the Heparin vials used in the U.S., recalled 9 lots of its 1000/unit mL multi-dose Heparin vials in January. The FDA began receiving reports of allergy-type reactions linked to Baxter Heparin, most of which occurred in dialysis patients. The side effects experienced in some patients who received this contaminated Heparin included:

• Abdominal pain
• Burning sensation
• Chest pain
• Decreased blood pressure
• Diarrhea
• Difficulty swallowing
• Dizziness
• Dyspnea (shortness of breath)
• Erythema (redness of the skin)
• Headache
• Loss of consciousness
• Nausea

A Chinese factory owned by Scientific Protein Laboratories LLC that supplied the active ingredient for Heparin to Baxter International had never been inspected by the FDA. Later investigations by the FDA found that the factory had substituted raw Heparin for a cheaper alternative- oversulfated chondroitin sulphate. Baxter International and Scientific Protein Laboratories LLC are liable for the injuries and deaths caused by their failure to adequately regulate their suppliers and their sacrifice of safety for economic gain, respectively. In addition, the long-term damage to those who survived the contaminated Heparin is not yet known but may include permanent brain damage caused by the deprivation of oxygen to the brain. Heparin has been cited for other problems including faulty packaging which allows hospitals to easily mistake low dose vials with high dose vials, resulting in the overdoses of at least 6 newborns and 2 other patients on this drug since 2001. At the Law Offices of Hensley|Chalfant, we have experience handling wrongful death, personal injury and medical malpractice cases involving improper, wrong or over-medication. If you or a loved one has sustained injuries or died while taking the drug Baxter Heparin, you may be eligible to receive compensation. Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Bacterial, or spinal, meningitis is an infection of the spinal fluid which causes inflammation of the tissues that line the brain and spinal cord. While the viral form of meningitis is less severe, the bacterial form of meningitis can be fatal, causing death in 10% of its patients. Babies and toddlers from birth to 2 years account for 2/3 of the annual 10,000-25,000 cases of the more severe bacterial meningitis. If left untreated, the disease can kill an infant in 24 hours. Since the symptoms of bacterial meningitis resemble those of the common flu, doctors may fail to promptly diagnose the disease and this may result in death or other serious long-term complications. 500 people, mostly children, die from bacterial meningitis each year. If the patient does survive, delayed diagnosis and treatment can still cause long-term complications including:

• Blindness
• Brain damage
• Coma
• Deafness
• Death
• Learning disabilities
• Mental retardation
• Paralysis
• Seizures
• Shock

A lumbar puncture, or spinal tap, and subsequent examination of the spinal fluid are necessary in order to definitively diagnose bacterial meningitis. The disease can then be treated with powerful antibiotics. Some of the symptoms which should warrant diagnostic tests, including lumbar puncture, in order to determine if bacterial meningitis is the cause are:

• Fever
• Cold hands/feet (in babies)
• Neck retraction or stiffness
• Refusing food (in babies)
• Vomiting
• Diarrhea
• Pale, blotchy complexion (in babies)
• Sensitivity to light
• Drowsiness

If you or a loved one has suffered bacterial meningitis and there was a delayed diagnosis or a delay in treatment, there is a chance that some form of medical malpractice may have taken place. Please call us today at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Chiropractic Malpractice

Chiropractic is a form of alternative medicine that focuses on treating mechanical disorders of the musculoskeletal system and places special emphasis on the spine. As a practice, chiropractic has established itself as a legitimate form of alternative medicine and many physicians recommend supplemental chiropractic treatment for their patients. However, despite the relief that many feel as a result of chiropractic care, the spinal manipulation techniques used by chiropractors can sometimes be dangerous and cause injury to patients. A study published in the Journal of The Royal Society of Medicine found that mild adverse effects occur in 30% to 61% of all chiropractic patients. Some of the more serious adverse effects involve chiropractic manipulative interventions (CMT) or spinal manipulative therapy (SMT), which can cause vertebral artery dissection. Carotid artery dissection (CAD) is another type of arterial dissection which involves the carotid artery and is 3-5 more likely than vertebral artery dissection. It is estimated that cervical dissections such as these are the underlying cause of as many as 20% of the ischemic strokes in patients aged 30-45. Residual neurological deficits may remain long-term after cervical manipulation. For this reason, the NCMIC, a company offering malpractice insurance to chiropractors, has recommended that chiropractors pay close attention to patients who suffer sudden head pain and evaluate for a history of drugs, physical trauma, and connective tissue diseases before performing spinal manipulation. Many of these dissections occur after a cervical manipulation with a rotary component. Some of the other risks of chiropractic care include:

• Lack of informed consent
• Herniated disk
• Broken ribs
• Soreness
• Brain injury
• Failure to refer
• Lack of diagnosis
• Damage to spinal cord nerves
• Heart attack
• Paralysis
• Visual strokes

In addition to these risks, chiropractors may delay diagnosis or treatment for patients who have conditions that require urgent medical attention. Chiropractors may not recognize the limitations of their therapy and may fail to refer a patient to a qualified physician. If you or a loved one has sustained injury or died after undergoing chiropractic treatment, please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Pediatric Malpractice

Pediatrics is the branch of medicine that specializes in treating infants, children and adolescents. Pediatricians undergo many years of training in order to understand and care for children who have obvious physiological differences from adults. Pediatricians must take great care in their work because their patients are in a period of growth and development. However, pediatricians can and do make mistakes while practicing medicine. In fact, a 1974 spot survey found that 15% of respondent members of the American Academy of Pediatric had been defendants in medical malpractice suits. Some pediatric medical errors can involve:

• Failure to properly diagnose and treat pediatric meningitis
• Improper medications/dosages
• Anesthesia errors
• Delay in diagnosis
• Chronic ear infections
• Child asthma
• Cardiac surgery
• Misdiagnosis
• Pneumonia
• Traumatic injuries
• Appendicitis

In addition, 1.5 million U.S. children have undiagnosed high blood pressure, as doctors accurately diagnose the condition only 25% of the time according to the Journal of the American Medical Association. Medication errors are an area of particular concern, with a 2002 study published in Pediatrics finding that children under 2 years of age accounted for an average of 243 deaths per year caused by adverse reactions to drug treatments. Adverse drug events affect about 7% of U.S. children in hospitals. Contributing to this problem is the fact that almost 80% of hospitalized children receive drugs that have been tested and approved only for adults according to a study conducted by the Pediatric Health Information Systems Research Group. The most frequently used drugs that were not approved for children include painkillers, nutrients, and gastrointestinal agents. A study by the Child Health Evaluation and Research Unit revealed that 11% of pediatric practitioners nationwide lack the proper certification by the American Board of Pediatrics. You can verify that your pediatrician is certified by visiting the “Verification of Certification” tool on the ABP website (www.abp.org). Furthermore, even though children represent almost one-third of all emergency room visits, fewer than 6% of hospitals have the recommended medical equipment for treating children on hand and only 25% have access to a board-certified doctor of pediatric emergency medicine. If your child has sustained injuries or has died due to the medical malpractice of a pediatrician, please call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727) 781-3433 or submit a simple case form.

Psychiatric Malpractice

While any patient can be the victim of medical malpractice, those individuals with mental health problems are particularly susceptible to being taken advantage of by a medical health professional. Psychologists and psychiatrists are responsible for ensuring the health and well-being of their patients. However, medical malpractice cases can arise due to any of the following issues:

• Failure to diagnose
• Failure to properly treat
• Failure to supervise a patient (particularly those who are at risk for harming themselves)
• Lack of informed consent
• Breach of privacy
• Emotional manipulation
• Negligent application of psychotherapy
• Improper restraint (false imprisonment)
• Abandonment
• Sexual misconduct
• Failure to refer to a specialist
• Failure to do a proper suicide evaluation
• Lying to a patient for personal/professional betterment (fraud)

According to a study conducted by the National Practitioner Data Bank of the U.S. Department of Health and Human Services, psychology-related practitioners had an average of 1.3 malpractice reports made against each of them in the U.S. between 1990 and 2003. Sexual exploitation of mental health patients is an area of particular concern with regard to psychiatric malpractice, with a 1986 American Psychologist study revealing that 4.4% of therapists reported becoming sexually involved with at least one patient (6.8% of males and 1.6% of females). Follow these tips to protect yourself:

1. Talk to your psychiatrists in order to understand why you are undergoing a particular treatment and what exactly this treatment entails.
2. Keep a detailed record of what happens at each and every visit.
3. Keep a list of medications and dosages.

By actively participating in your own healthcare, you can protect yourself from being a victim of malpractice. If you or a loved one has been the victim of psychiatric or psychological malpractice, contact us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Nursing Errors

There are four times as many nurses as there are physicians in the U.S., many of whom perform the integral job of providing good patient care. However, a total of 16,339 (7.9%) nurses and nursing-related practitioners had a malpractice report made against them in the U.S. between 1990 and 2003. Nursing errors that can lead to medical malpractice claims include:

• Medication errors
• Poor communication with doctors
• Making medical decision’s beyond the nurse’s authority
• Poor monitoring of a patient
• Failure to properly monitor fetal monitoring strips
• Documentation errors
• Negligence during child delivery
• Misuse of a medical device

Many of these errors may be caused by severe understaffing of registered nurses in American healthcare facilities. Studies have confirmed that the workload of nurses directly affects patient outcomes. One such study published in the Journal of the American Medical Association found that when nurses were assigned to 8 patients as opposed to 4, their patients had a 31% higher chance of dying within 30 days of admission. But higher patient to nurse ratios doesn’t just increase patient mortality rates- it has also been linked to higher neonatal infection rates, deadly MRSA infection rates, and hepatitis C virus rates. In 2006, a study by 2 neonatal ICU’s in New York City revealed that the risk of a bloodstream infection declined 79% when nurse staffing levels were higher. In addition, a study published in Medical Principles and Practice in 2004 found that a patient to nurse rate of 2:1 resulted in a hepatitis C prevalence of 26.8%, whereas a patient to nurse ratio of 4:1 resulted in a hepatitis C prevalence of 71.8%, a 45% increase just because of 2 extra patients. Medication errors are a particular area of concern with nurses being responsible for intercepting 86% of all medication errors made by physicians and pharmacists as reported by the Institute of Medicine in 2004. Doctors are also aware of the severe consequences of understaffing of registered nurses. In 2005, 37% of Massachusetts doctors reported injury or harm to patients due to understaffing of registered nurses and 19% reported patient deaths directly attributable to nurses having too many patients to care for. If you or a loved one has sustained injury or has died due to medical malpractice, it may be difficult to determine who is responsible for your injuries. At the Law Offices of Hensley|Chalfant, we can work with you to find out who may be at fault. Please call us today for a free initial consultation at (727)781-3433 or submit a simple case form.

CT Scans Pose Cancer Risk

CT scans, which are sometimes called CAT scans, have been used since the 1970’s to help physicians diagnose medical conditions such as cancer, cardiovascular disease, and appendicitis. CT stands for “computed tomography”, a process in which cross-sectional images are taken by an x-ray machine and then assembled into a 3-dimensional image. This non-invasive scan images bone, soft tissue, and blood vessels all at the same time. CT scans also have advantages over alternative scanning procedures such as MRI’s. Since CT scans are quicker, they are preferred in emergency situations. CT scans are also cheaper and can be performed on patients who have an implanted medical device, unlike MRI’s which cannot. For these reasons, the number of CT scans performed annually in the U.S. has been on the rise from 3 million in 1980 to more than 62 million in 2007. However, CT scans do pose a risk since they expose patients to high doses of radiation which may cause cancer. In fact, a CT scan exposes patients to 50 times more radiation than a regular x-ray. And, according to a study published in the New England Journal of Medicine in 2007, the risks associated with CT scans are more dangerous than the medical community had previously acknowledged. The study claims that CT scans may be used too frequently in cases when other appropriate, less risky alternatives such as MRI’s and ultrasounds are available. In fact, the study estimated that 1/3 of all CT scans performed in the U.S. may not be medically necessary and added that this heightened use of CT scans could be responsible for causing as much as 2% of all cancers in the U.S. in the next 20-30 years. In particular, children are 10 times as sensitive to the radiation as adults. In situations where CT scans are medically necessary the benefits of the scan generally outweigh the risks. However, you should not receive a CT scan unless it is deemed medically necessary by a medical professional in order to prevent exposure to unnecessary radiation.

LASIK Surgery

LASIK surgery, or refractive surgery, is the most common elective surgical procedure in the United States with an estimated 700,000 patients choosing to undergo this surgery each year. LASIK surgery, which stands for laser-assisted in situ keratomileusis, eliminates the need for glasses or contact lenses for patients with nearsightedness, farsightedness and astigmatism. 7.6 million Americans have had some type of laser vision correction. However, the FDA has reported that up to 5% of patients who have the surgery are dissatisfied with the results. While some of these patients simply cannot see as clearly as they would have liked to, others are left with irreversible damage to their vision. LASIK surgery involves using a knife, called a microkeratome, to cut a flap in the cornea. A doctor then reshapes the surface of the corneal tissue with a laser. Some of the most common complications associated with LASIK surgery include:
• Loss of vision or blurry vision
• Glares, double vision, or halos
• Dry eye syndrome
• Irregular astigmatism
• Diffuse Lamellar Keratitis (DLK)
• Keratectasia or keratoconus
• Irregular flap
• Epithelial ingrowth
• Infection
• Sensitivity to light

These complications may be caused by poor technique while cutting the corneal flap, blade and suction mishaps, slippage of the microkeratome, and/or suction ring misalignment. In addition, a 2003 study published in the journal Opthalmology reported that 18% of treated patients needed retreatment. Proper pre-screening of patients is crucial in ensuring successful LASIK surgery outcomes since about 1 in 4 people seeking LASIK is not a good candidate. Patients who should not undergo LASIK include:
• Those whose vision has changed dramatically within the past year
• Patients using drugs such as Accutane, Cordarone, or Imitrex
• Pregnant/nursing women
• Those with poorly controlled diabetes
• Those with connective tissue disorders such as rheumatoid arthritis
• Auto-immune diseases such as lupus

In order to increase your chances of having a good LASIK result, it is important to find a specialist who has done a one-year fellowship in refractive surgery. You should also have your pupils measured on two separate occasions to make sure that your pupils are in fact smaller than the laser beam in order to prevent permanent post-surgery glare. You should get a second opinion from another doctor who will not be performing the surgery. In addition, having only one eye operated on at a time will allow you to spot any problems before causing damage to both of your eyes. Have a Shirmer’s test to determine if you have dry eyes, as this problem must be treated before you have LASIK surgery. If you or a loved one has sustained injuries after undergoing LASIK surgery and you believe it may have been caused by medical negligence or malpractice, please call us at (727)781-3433 for a free initial consultation or submit a simple case form.

Gynecological malpractice

Gynecology is a medical specialty dealing with the health of the female reproductive system. Practicing gynecologists are also trained to be obstetricians, who specialize in the care of a woman and her offspring before, during, and after pregnancy. A study by the American College of Obstetricians and Gynecologists in 2003 found that the average OB-GYN in the U.S. has 2.64 claims filed against them throughout their career and the rising malpractice insurance rates reflect this. Florida, which ranks in the top ten states with the most expensive average medical malpractice premiums for OB-GYN’s, especially reflects the extent of the problem. Although obstetrical malpractice accounts for the majority of these claims, gynecological malpractice still can and does occur in the following areas:

• Inappropriate examination
• Errors in screening and testing, including mistakes in pap smears, MRI’s, and CAT-scans
• Failure to diagnose pregnancy, breast cancer, or cervical cancer in a timely fashion
• Errors in hysterectomy
• Loss of future childbearing ability as a result of infection or because of the need for a hysterectomy
• Oral contraceptive induced thrombosis
• Failure of contraception to prevent pregnancy
• Side effects of hormone contraceptive injections
• Perforation of the uterus by intra-uterine contraceptive devices
• Complications of abortion
• Failure of sterilization which may lead to abortion or wrongful birth

In order to protect yourself from malpractice, it is important to always get a second opinion before undergoing any major procedure. In addition, be proactive in your healthcare and make sure that you understand why you are having the procedure- be aware of its risks as well as its benefits. Finally, if you or a loved one has sustained injury that you believe may have been due to gynecological malpractice, it is important to contact an experience attorney who can protect your legal rights. Call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Gastric bypass surgery

The number of patients undergoing weight-loss surgery has been increasing rapidly as national obesity rates rise and it is estimated that a total of 1,500,000 Americans had undergone weight-loss surgery through the end of 2007. Gastric bypass is one form of weight-loss surgery which encourages weight loss by dividing the stomach into 2 sections, a small upper section (called a pouch) and a larger lower section. The size of the pouch (which holds the food) will be reduced to less than 1 ounce. By reducing the amount of food that the stomach can hold, patients feel full quicker and do not consume as much food. In addition, the small intestine is rearranged to connect to the pouch, thus allowing food to bypass the lower stomach and ultimately reducing the amount of calories absorbed. Candidates for bypass surgery must be morbidly obese which is defined as being 100 pounds or more overweight. The following guidelines describe a proper candidate for gastric bypass surgery:
• Patient has a Body Mass Index over 40; or
• Patient has a Body Mass Index over 35 AND significant obesity-related health problems; and
• Patient does not have any other medical condition, such as severe high blood pressure or heart disease, that would significantly increase the risks of surgery

It is also common for patients to undergo psychological screenings before having gastric bypass surgery in order to ensure that patients can cope with the tremendous psychological and emotional changes that accompany significant weight loss. As with any surgery, gastric bypass does have complications. The most common complications for gastric bypass surgery include:
• Bleeding or leakage of gastric fluid
• Pulmonary embolism
• Peritonitis
• Development of an intestinal blockage which can lead to aspiration
• Abscess
• Hernia
• Pneumonia
• Atelectasis
• Hemorrhage

An Oregon Health & Science University study found that gastric bypass surgery has a 10% major complication rate. In addition, a University of Washington study found that 5% of patients who had undergone gastric bypass surgery died within the first year after surgery. Sometimes these gastric bypass-related complications and deaths can be the result of medical malpractice which can include but is not limited to surgeon inexperience, failure to diagnose or treat sepsis/septicemia (infection), failure to diagnose or treat leakage of gastric fluid or pulmonary embolism, failure of doctor to warn patient and/or family of the risks, and performing surgery on a patient who was not a proper candidate. If you or a loved one has suffered complications or died after having undergone gastric bypass surgery, you may be entitled to compensation. Call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Dental malpractice

A study by the American Dental Association (ADA) in 2003 found that almost 3% of dentists had been sued for malpractice. In fact, a significant amount of medical malpractice claims are filed against dentists with 1 out of every 7 medical malpractice cases in 2006 involving a dentist according to the National Practitioner Data Bank. Some of the many symptoms and injuries that can occur as the result of dental malpractice are as follows:

• Damage to the nerves in the tongue, jaw, chin, or lips (including the lingual nerve of the tongue and the inferior alveolar nerve of the lips, chin, and jaw)
• Loss of feeling or taste
• TMJ disorder (Temporomandibular Joint Disorder)
• Failure to diagnose or treat oral cancer
• Failure to diagnose or treat gum disease
• Injury related to a root canal in which Sargenti Paste was used
• Injury or infection to teeth, gums, or mandible due to ineffective root canal, crown, and bridge prostheses
• Extraction of wrong teeth
• Failed orthognathic surgery
• Failure to obtain informed consent
• Injury from improper treatment from unlicensed dentists
• Osteoradionecrosis following dental extractions in an irradiated jaw
• Treatment exceeding scope of consent and treatment
• Negligent removal of wisdom teeth
• Negligent placement of dental implants

When we think of medical malpractice we often think of something that the doctor did to cause harm to the patient, but it is important to remember that medical malpractice can also include negligence, or a situation in which the doctor failed to do something which could have prevented harm to the patient. For example, if a dentist fails to detect and diagnose oral cancer or other diseases, he is liable. In fact, the study conducted by the American Dental Association found that 12.3% of the dental malpractice claims filed in 2003 alleged failure to diagnose which is a form of medical negligence. Furthermore, certain areas of dental treatment were found to be more susceptible to resulting in paid claims. These areas include crown and bridge treatments, which accounted for 21.8% of claims that were paid, and root canals, which accounted for 20% of claims that were paid. In order to protect your legal rights should you be the victim of dental malpractice, it is important to keep a written log of your dental care and related injuries as they occur and to make sure that your medical records are up to date. Speak up if you have concerns regarding your treatment and ask your physician any questions that you may have about the procedure beforehand. Finally, if you or a loved one has sustained an injury that resulted from dental malpractice, contact us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Cosmetic surgery malpractice

Cosmetic surgery is any surgical procedure undertaken in an attempt to improve one’s appearance. Also known as plastic surgery, cosmetic surgery is on the rise according to the American Society for Aesthetic Surgery which reported that 11.7 million cosmetic procedures were performed in the U.S. in 2007, a 44% increase from 10 years ago. However, competition for this influx of new patients has lead to some risky practices, including inadequately trained surgeons using deceptive advertising. Phony boards of certification can make cosmetic surgeons appear qualified when in fact, they are not. Cosmetic surgeons should be certified with the American Board of Plastic Surgeons (ABPS). There are many different cosmetic procedures available to patients including blepharoplasty (eyelid surgery), forehead lifts, laser surgery, hair replacement, mentoplasty (chin surgery), otoplasty (ear surgery), and breast implants. However, as with any surgery, there is always the risk of complications. The most common cosmetic surgery complications and the specific procedures associated with them include:

• Disfigurement/disability (breast augmentation/reduction)
• Prolonged sedation
• Infection (breast augmentation)
• Breathing difficulties (rhinoplasty)
• Clotting complications (liposuction and tummy tuck)
• Scarring
• Hematoma
• Nerve damage (breast augmentation)
• Encapsulation (breast augmentation)
• Wrong size (breast implants)
• Inability to close eyes (face lift)
• Lidocaine overdose (liposuction)
• Pulmonary embolism (liposuction)
• Deep vein thrombosis or DVT (liposuction)

Blood clotting is a common complication associated with liposuction, with pulmonary embolisms caused by this clotting accounting for 23% of all liposuction-related deaths. It is important that cosmetic surgeons set realistic expectations for their patients and discuss the risks associated with their particular procedure. It is also important for cosmetic surgeons to identify high-risk patients prior to surgery and take precautions accordingly. If you or a loved one has sustained injury or died after undergoing cosmetic surgery, you may be entitled to compensation for medical expenses, lost income, permanent disability, and pain and suffering. Please call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727)781-3433 or submit a simple case form.

Anesthesia errors

An estimated 26 million anesthetics are administered to patients in the U.S. annually. Recent studies coming out of Australia and the U.K. indicate that only 1 out of every 200,000 to 300,000 anesthetics administered results in a death caused by an anesthesia error. This may be due in part to the increasing safety of anesthesia in recent years which has been made possible by medical advances. One such medical advancement is pulse oxymetry, which consistently measures the amount of oxygen in the patient’s blood and aids in confirming the correct placement of breathing devices. However, despite this increased safety, injuries and deaths involving the administering of anesthesia still occur. One of the most common anesthesia errors is called “anesthesia awareness”. Anesthesia awareness is caused by dosage problems and results in the patient being conscious but paralyzed during surgery. It is easy to understand why anesthesia awareness often results in severe post-traumatic stress disorder caused by the terrifying experience of being in pain but also being unable to communicate this pain to your doctor. The Joint Commission on Accreditation of Healthcare Organizations estimates that between 21,000 and 42,000 patients experience anesthesia awareness every year.

Proper airway management is crucial in preventing complications while administering inhalation anesthesia. Intubation is the process of passing a tube through the trachea in order to secure the airway for the transfer of anesthesia. This process is aided by a paralytic agent in the drug that prevents the patient from breathing on his or her own. However, when the anesthesiologist fails to promptly secure the airway, the patient will be deprived of oxygen for an extended period of time and may suffer severe brain damage or be left in a comatose state. It has been reported that as many as 1 out of every 10,000 inhalation anesthesia patients dies due to failed intubation and subsequent oxygen deprivation. Death caused by intubation complications can be prevented by having a pre-anesthesia evaluation at which the anesthesiologist anticipates the level of difficulty associated with intubation and makes arrangements accordingly. If the patient is assessed to be at risk for having intubation complications, he or she should be sufficiently pre-oxygenated before intubation occurs.
Some of the most common anesthesia errors include:

• Dosage problems
• Failure to give proper pre-anesthetic instructions
• Intubation complications
• Failure to adequately monitor a patient
• Delayed anesthesia delivery
• Allergies to anesthesia drugs
• Failure to obtain informed consent

Anesthesia errors can result in tracheal damage, asphyxia (lack of oxygen), heart attack, stroke, traumatic brain injury (TBI), spinal cord injury, coma and death. If you or a loved one has suffered injury or death due to an anesthesia error, you may be entitled to compensation for medical expenses, loss of income, disability and/or emotional suffering. Please call us at the Law Offices of Hensley|Chalfant for a free initial consultation at (727) 781-3433 or submit a simple case form.

Birth injuries

The injury of a baby during childbirth can be one of the most tragic events in a parents’ life. This tragedy can be intensified further if questions arise concerning whether or not the physician was performing below a certain standard of care. Research shows that a birth injury occurs in 27 out of every 1,000 births. These injuries range from mild to severe and from temporary to permanent. Some of the most common birth injuries include:

•Cerebral palsy is the inability to control movement which is often caused by asphyxia, or oxygen deprivation (1/2 of infants who suffer asphyxia develop cerebral palsy). Cerebral palsy affects 10,000 infants a year and its effects may include mental retardation, seizures, speech impairment, involuntary movement, and slow development in terms of crawling, talking and walking.
•Erb’s palsy (brachial plexus palsy) indicates permanent nerve damage affecting the shoulder, arm and hand. This results in partial or total arm paralysis and is often interrelated to shoulder dystocia.
•Group B strep infection involves a kind of bacteria that can travel from mother to child during childbirth. If a doctor finds the infection early by performing the proper tests, the transference of group B strep can be prevented with the use of antibiotics.
•Stillbirths occur when the fetus has died in the uterus during labor or delivery.
•Placental abruption (abruption placentae) refers to the separation of the placental lining from the uterus of the mother.
•Subconjuctival hemorrhage is a red band around the iris of one or both eyes which can disappear within 7-10 days.
•Caput succedaneum is a term describing swelling of the scalp and is often caused by vacuum extraction. The scalp usually returns to normal within several days.
•Cephalohematoma refers to bleeding between a bone and its fibrous covering. Healing can take somewhere between several weeks and several months.
•Pre-eclampsia describes pregnancy-induced hypertension.
•Shoulder dystocia refers to difficulty in delivering the shoulder area of the infant. This is more common in children of a high birth weight and can sometimes lead to brachial plexus injuries.

Sometimes these conditions can be prevented with proper monitoring and treatment. The doctor should look for indicators in the maternal history and/or fetal distress in the infant in order to discern whether or not the pregnancy might be high-risk. If a baby received a low Apgar score, had seizures within the first 24-48 hours, showed signs of weakness, was blue, needed resuscitation to aid with breathing, or had no family history of brain damage and now suffers from a permanent brain injury such as cerebral palsy, these are signs that the injury occurred as a direct result of improper medical care. The most common forms of malpractice that result in birth injuries include:

• Failure to adequately monitor the vital signs of the fetus
• Failure to perform a cesarean section (C-section) if the fetus was in distress
• Failure to respond to umbilical cord entrapment (results in oxygen deprivation to the brain and sometimes permanent brain damage)
• Failure to respond to bleeding
• Failure to anticipate complications
• Incorrect use of forceps or vacuum extractor
• Misuse of the labor-inducing drug Pitocin

If you suspect that your child has sustained a birth injury due to medical neglect or malpractice, it is important that you speak to an attorney who can protect your child’s rights. At the Law Offices of Hensley|Chalfant, we have experience handling medical malpractice cases. Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Surgical errors

Recently, a woman who underwent surgery to remove a melanoma on her thigh received permanent damage to her saphenous nerve. The woman now has trouble walking due to this surgical error performed by her doctor, who incorrectly interpreted the pathology report and negligently performed the surgery. She was compensated $1.5 million in the Miami-Dade Circuit Court. Surgical errors like these are a common example of medical malpractice. The most frequent examples of surgical error include:

• Failure to obtain consent
• Anesthesia mistakes (over-sedation)
• Unnecessary surgeries
• Perforation of organs
• Severing of nerves
• Operating on the wrong site
• Surgical instruments or sponges left inside a patient
• Complications with laparoscopic surgery (includes severing of the bile duct, perforation of intestines, puncturing of the aorta, electrical burns or infections, sepsis and failure to remove all cancerous tissue)

Despite how common surgical errors really are (for example, a study conducted by the Harvard School of Public Health reported that surgery instruments are left inside 1,500 patients annually), many patients do not know that they may be entitled to compensation even if they signed a consent form. Victims of surgical errors may be eligible to receive compensation for injuries, medical bills, lost wages, emotional distress, disability and loss of relationship. If you or a loved one has suffered in any way because of a surgical error, it may have been due to medical malpractice and you may be eligible for compensation. At the Law Offices of Hensley|Chalfant, we have experience handling medical malpractice cases involving surgical errors. Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Emergency room malpractice

The emergency room may be the first place that a patient goes to receive urgent medical care. However, many factors are reducing the quality of care that a patient might receive in an emergency room. One of the main factors is a shortage of qualified surgeons and physicians in emergency rooms. Trauma care is not a specialty for medical physicians and doctors have restrictions placed upon them regarding the amount of time that they may spend in an emergency room, thus limiting the amount of expertise they may gain in treating emergency room patients. In addition, The National Center for Health Statistics reported a 26% increase in emergency visits from 1993-2003. This increased amount of patients coupled with a shortage of qualified doctors has had disastrous consequences for many emergency room patients. A Harvard study concluded that the emergency room has a higher proportion of negligence than any other area of a hospital. In fact, almost half of the 225,000 deaths caused each year by medical malpractice can be attributed to emergency room errors.

Some of the most common emergency room errors are:
• Delayed diagnosis or misdiagnosis (commonly involving strokes, heart attacks or infections)
• Faulty lab tests
• Contaminated blood transfusions
• Prescribing wrong medication
• Failure to monitor a patient
• Birth injury
• Patient “dumping”
• Improper use of anesthesia
• Unnecessary surgical procedures

One significant example of such errors is displayed in the New England Journal of Medicine’s finding that 8% of patients who had myocardial infarctions (heart attacks) were accidentally sent home from the emergency room without receiving necessary treatment. If you or a loved one has suffered as the result of an emergency room error due to medical negligence, you may be entitled to compensation. At the Law Offices of Hensley|Chalfant, we have experience representing victims of medical malpractice in the emergency room. Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Medical malpractice involving delayed treatment of blood clots

The Texas family of a 75-year-old man who died of a pulmonary embolism due to medical neglect was awarded $5.25 million by a jury in December. The man visited his doctor complaining of pain in his right leg and exhibiting classic symptoms of a blood clot. Even though the patient had a medical history involving blood clots, his doctor delayed additional tests allowing the clot to travel to the man’s lung and cause a pulmonary embolism, which he eventually died of in the waiting room. As is displayed in this case, blood clots can be fatal if not diagnosed and treated promptly. However, this man’s case is not unique when you consider that the National Alliance for Thrombosis and Thrombophilia reports that 300,000 Americans die each year from blood clots and 52% of hospitalized adults are at risk of dangerous blood clots. The term thrombosis describes any condition where a blood clot has blocked a vein (venous thrombosis) or an artery (arterial thrombosis). Many complications can arise due to a failure to diagnose thrombosis including pulmonary embolism, amputation, stroke, heart attack (myocardial infarction), or permanent damage to the valve lining (post-phlebitic syndrome). It is important to know the risk factors and symptoms to be able to diagnose a blood clot in yourself or in others. You are at an increased risk for blood clots if you:

• Are used to sitting for a long period of time
• Are immobile due to recent orthopedic or leg surgery
• Have cancer
• Are pregnant
• Use birth control pills or are receiving hormone replacement therapy
• Smoke
• Are Obese
• Have a family history of blood clots
• Frequently travel by airplane

A study published in the journal Lancet concluded that surgical patients are at a higher risk for blood clots than other patients and that these clots account for about 10% of all in-hospital patient deaths. Classic symptoms of a blood clot include shortness of breath and leg cramps. If you suspect that you or someone you know may have a blood clot, seek medical attention immediately as prolonging treatment may have life-threatening consequences. If you or a loved one has suffered from the repercussions of failure to diagnose a blood clot, it may have been caused by medical negligence due to a hospital’s failure to follow guidelines. At the Law Offices of Hensley|Chalfant, we have experience in handling medical malpractice cases in which undiagnosed blood clots had devastating consequences (visit our success stories). Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Health-care acquired infections resulting from medical negligence

Infections are classified as nosocomial, or hospital-based, if the patient obtains an infection after being admitted for a reason other than that infection. Nosocomial infections often occur within 48 hours after being admitted into a hospital or within 30 days after discharge. Hospitals are prime locations for the spread of bacteria that may cause infections due to the large amount of sick people and the medical staff that may transfer bacteria from patient to patient. The most common nosocomial diseases are:

• Acinetobacter baumannii
• Clostridium difficile
• Gastroenteritis
• Hospital-acquired pneumonia
• Methicillin-resistant staphylococcus aureus (MRSA)
• Pseudomonas aeruginosa
• Staphylococcus aureus
• Stenotrophomonas maltophilia
• Tuberculosis
• Urinary tract infection (UTI)
• Vancomycin-resistant enterococci (VRE)
• Vascular catheter infection
• Ventilator-associated pneumonia

The Centers for Disease Control and Prevention estimates that 1,700,000 patients have had nosocomial infections in the U.S. within the past year alone. Considering medical advances, many infections may have resulted due to negligence on the part of the medical staff in failing to take precautionary steps. In fact, Ms. Magazine reports that 92% of deaths caused by nosocomial infections may have been preventable. Even when nosocomial infections are not fatal, they can sometimes cause emotional distress and disability. Furthermore, treatment of an infection often increases the patient’s length of hospital stay and results in higher medical costs. Patients should not be responsible for paying excess medical bills because of an infection caused by medical negligence. If you or a loved one has acquired any of the above infections after having undergone hospitalization, surgery, dialysis, use of an invasive device or residency in a long-term care facility, your infection could have been due to medical negligence. At the Law Offices of Hensley|Chalfant, we have experience in handling medical malpractice cases in which infections resulted from medical negligence (visit our success stories). Please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

HIV misdiagnosis

A 45-year-old woman filed a lawsuit in 2003 against the University of Massachusetts Medical Center for treating her after she had been wrongly diagnosed with human immunodeficiency virus, commonly called HIV. The woman underwent treatment at the University of Massachusetts Medical Center for 9 years after she was misdiagnosed as HIV-positive by the Family Practice Clinic in 1994. As a direct result of taking the highly active antiretroviral therapy (HAART) used to treat HIV, the woman suffered from several illnesses normally associated with AIDS, such as herpes and diarrhea. The woman’s attorney argued that Dr. Kwan K. Lai, the doctor who treated the patient at the University of Massachusetts Medical Center, should have retested her to confirm that she was in fact HIV-positive after continued treatment did not show signs of HIV. Dr. Kwan K. Lai claimed that she was not responsible because she did not give the false diagnosis but rather treated a misdiagnosis that was already set in place by the Family Practice Clinic. On December 12, 2007 the woman was awarded $2.5 million as compensation for the suffering she endured as a direct consequence of her misdiagnosis. At the Law Offices of Hensley|Chalfant we have experience handling medical malpractice cases caused by failure to diagnose or misdiagnosis (visit our success stories). If you or a loved one has such a case, please call us for a free initial consultation at (727)781-3433 or submit a simple case form.

Paul and Debra Wayne, parents of a 20-year-old woman shot to death by county deputies in New Mexico two years ago, are suing two deputies, Bernalillo County Sheriff Darren White and county commissioners. The Waynes claim their daughter, who was suicidal, was wrongfully shot to death. They claim the deputies could have used Tazers or some other non-lethal means. The young woman, Brittany Wayne, was shot to death in her bedroom about 20 seconds after deputies arrived at her home. The lawsuit seeks unspecified damages, and demands that the department change the way it trains deputies for dealing with people with mental health problems.
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Suit filed in death of young man with cystic fibrosis

The family of a young South Dakota man has brought a wrongful death suit against a local doctor who they claim negligently prescribed. Dr. Jeffrey Buckau is the osteopath named in the suit, brought by the family of Andrew Scott Vermillion. The suit claims Bucklau prescribed methadone, hydromorphone, Suboxone and alprazolam to Vermillion, even though he suffered from cystic fibrosis. The suit claims those drugs can cause respiratory failure in cystic fibrosis patients. Dr. Bucklau’s medical license is already suspended because of allegations that he over-prescribed addictive drugs to patients.

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Parents sue college for wrongful death

The parents of Gary DeVercelly Jr. have sued Rider University, alleging the school failed to adequately supervise a fraternity house where excessive drinking took place during an alleged hazing incident in which the student died. Gary and Julie DeVercelly filed a wrongful death suit in the case. Their son died after a party at the Phi Kappa Tau house where pledges allegedly drank large amounts of alcohol. DeVercelly, a freshman, was pronounced dead at a Trenton, N.J. hospital two days after the party. He had a blood alcohol content of .426, more than five times New Jersey’s limit for drunk driving.

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Woman sues ex-husband’s brother

A $50,000 wrongful death suit has been filed by the former wife of a Pekin, Ill. man who was allegedly murdered by his brother. Robert A. Harmon of Chillicothe, Ill. is accused of murdering his brother, Jason Harmon. Police say Robert told them he and his brother began fighting. After hitting Jason in the jaw and knocking him down, Robert told police he left the house with his girlfriend. But a Tazewell County Coroner’s report says Jason died of asphyxiation. Angela Eldridge, Jason’s ex-wife, filed the civil lawsuit after she was appointed special administrator of Jason’s estate. She said, “I filed the lawsuit for my kids. I think they deserve something.” Eldridge was married to Jason for seven years before they divorced in 2001.
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Wrongful death suit filed against girl’s classmate

The mother of a high school sophomore in New Castle, Penn. has filed a wrongful death suit against a classmate who may have given the girl drugs. Veronica Million-Passerrello, administratrix of the estate of her 16-year-old daughter, Erica Jo Million, filed the lawsuit, which asks for a jury trial and damages in excess of $50,000. The lawsuit names her daughter’s classmate, Josh Stewart, and the boy’s father, Jason A. Stewart, as defendants. Erica Jo was found unconscious during one of her classes at New Castle Senior-Junior High School. She was taken to Pittsburgh Children’s Hospital, where she died. Police believe she died of an overdose of the prescription pain medication oxyCodone.
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Man sues doctor following wife’s death

A man from Downs on the Severn, Md. Has filed a wrongful death suit against a doctor who he claimed failed to diagnose his wife’s uterine and ovarian cancer. Charles Marcantonio sued Dr. Melissa Moen of Women’s OB/GYN in Parole, Md. The suit claims Dr. Moen read Sherri Schaefer’s sonogram in September 2000 but found nothing. Seven months later the woman was diagnosed with uterine and ovarian cancer, and she died months later. The suit claims the delay in making the diagnosis amounted to malpractice.
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Woman seeks damages in murder of mother, grandmother

Melissa Barry of Cortland, Ohio has filed a wrongful death lawsuit against the three people convicted of murdering her mother and grandmother in 2005. Barry’s suit names Jermaine McKinney, Jazzmine McIver and Kenyatta J. Riley Hines. Barry administers the estates of her mother, Rebecca Cliburn, and her grandmother, Wanda Rollyson. The two were murdered in Rollyson’s Newton Bailey Road home two years ago. McKinney, was convicted of two counts of murder and sentenced to life in prison without parole eligibility for killing the two women. McIver was sentenced to five years, while Hines was given a six-year sentence. The suit seeks more than $25,000 in compensatory damages from each defendant as well as punitive damages
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Doctors, others named in Illinois wrongful death suit

Dr. Jack Levine is facing a civil suit in his home state of West Virginia. But now, he must also respond to a wrongful death suit in the state of Illinois. Dr. Levine is one of four defendents named in the wrongful death suit – the others are Shelby Memorial Hospital, Shelby Area Ambulance Service and Dr. Arnold V. Agapito. The suit was filed by Peggy Shasteen, acting as special administrix of the estate of her mother, Dona Ogilvie. Shasteen is seeking $300,000 in damages from all the defendants except Levine. Damages against him may be named later. Shasteen alleges in her suit that Mrs. Oglivie died following a colonoscopy that Levine performed on her Oct. 25, 2005. Her bowel was allegedly perforated during that procedure. The suit claims that defendant Agapito scheduled her for the colonoscopy rather than for gall bladder surgery, and was slow to notify Levine of her post-operative pain. In the earlier suit against Levine, Ralph Barcus of Gallipolis, Ohio alleged Levine inserted a catheter into his chest in November 1999 and then removed it in May 2001. Barcus claims Levine failed to remove the entire catheter.
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Two men found liable in three-decades-old murder

A jury in Cincinnati, Ohio has found Thomas Watson and Michael Milligan liable in the murder of a woman more than 30 years ago. Cheryl Fossyl was murdered and beheaded in 1977. Since evidence was lacking for a criminal trial, her family filed a wrongful death suit against the two suspects, who police believe killed the woman to keep her quiet about local drug dealings. An earlier trial ended in a mistrial.

Ohio authorities evacuated more than 200 homes in northeast Ohio in December after two vehicles struck a bridge. The collision caused a gas line to rupture. That endangered people in the area, and also threatened the structural integrity of the overpass. According to the Ohio State Highway Patrol, a truck crashed into the Niles-Vienna overpass. That incident resulted in two other accidents that resulted in one death in addition to the ruptured has line. State Route 11 between Interstate 80 and state Route 82 had to be shut down while officials examined the bridge.

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Firemen suspended after fatal crash

Two Baltimore firemen have been suspended without pay following an accident in which their fire truck crashed into a sport utility vehicle. Three occupants of the SUV died in the crash. Nathaniel Moore, the driver of the fire truck, and Lieutenant Thomas Moore were suspended pending a hearing. Their fire truck was the third of four fire vehicles traveling north on Park Heights Avenue on their way to a fire. Details of the administrative charges brought against the two were not revealed, but they were said to involve operating an emergency vehicle in an unsafe manner.

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Truck driver ticketed in fatal crash

Police in Mattoon, Ill. ticketed a truck driver for failure to yield in an accident that claimed the life of Jason Alexander. The accident happened when Daniel Zacha of Stewardson turned his Coca-Cola truck in front of Alexander’s van. Alexander died later in the emergency room of Sarah Bush Lincoln Health Center.

According to a study of veterans of the Vietnam War who suffered brain injuries, the veterans exhibit faster declines in cognitive functioning as they get older when compared to veterans who did not suffer brain injuries. The study was published in the online journal “Brain.” It found that the rate of cognitive decline depends on a number of factors, including how intelligent the subject was before the injury; his educational level; the size and location of the brain injury; and some genetic markers. Authors of the study say the government needs to consider the findings when they review the head injuries being suffered by soldiers in such places as Iraq and Afghanistan. The findings may have an influence on the future healthcare needs of such injured soldiers. The subjects of the study were Vietnam veterans who had suffered penetrating head injuries.

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Wayne State studying war-related brain injuries

Michigan’s Wayne State University has received a $778,000 grant to determine why so many troops are returning from Iraq and Afghanistan with brain injuries caused by roadside bombs. And much of the research involves the use of the school’s $25,000 blast tube, which is used to mimic the blast conditions that soldiers encounter in places like Iraq. Traumatic Brain Injury (TBI) is common among wounded returning soldiers, and the Brain Injury Association of America says about 1.4 million Americans sustain a TBI every year. Roadside bombs and other explosives create a wave of energy that moves at the speed of sound. That pressure wave used to kill soldiers by destroying their lungs, but soldiers now commonly wear flak jackets and vests that protect them from those chest injuries. So now, the pressure wave tends to cause brain injuries. Wayne State researchers are trying to determine exactly how those pressure waves cause brain injuries.

As many as 8,000 U.S. doctors may be practicing medicine while undergoing treatment for drug or alcohol addiction. Nearly all states have such treatment programs for doctors. But last year California did away with its 27-year-old programs, claiming that it failed to adequately protect patients and also often failed to help addicted doctors return to health. Critics of the programs claim that they can protect the confidentiality of doctors to the point of protecting even dangerous physicians. The American Medical Association strongly favors allowing addicted doctors to be treated in confidential programs. But critics say that patients have no way to protect themselves from addicted doctors who do not practice good medicine. The California program ends at the end of June. If the state fails to adopt some sort of alternative program, then addicted doctors may be stripped of their licenses just as they were before the current program was begun in 1980.
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Doctor now opposes pain and suffering limits

Dave Stewart is a California anesthesiologist who used to favor sharp monetary limits on pain and suffering awards. But that was before his mother died following knee replacement surgery. Stewart’s mother went to Stanford University Medical Center for the surgery. After the operation, the woman developed sharp abdominal pain, and the hospital failed to diagnose a bowel obstruction which killed her four days later. Stewart and his sisters decided to sue, but a number of lawyers refused the case, saying it wasn’t worth the money. California capped malpractice payments in 1975 after doctors and insurers complained that big awards and rising insurance rates were hurting physicians. Pain and suffering awards under that cap cannot exceed $250,000. The law is known as the Medical Injury Compensation Reform Act, or MICRA, and since California passed the law 30 other states have enacted similar legislation. Two Republican presidential candidates, Mitt Romney and Rudy Giuliani, say the law might make a good national model. But critics say it harms victims and their families, especially low-income workers, children and older people, because the cap has never been adjusted to account for inflation. Dr. Stewart, the anesthesiologist, said: “In 1975 you could buy a house for that money, and today what does it get you? Every year MICRA stays the same is another year that people who have been wronged will be denied the same justice.”

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Doctor who photographed patient’s genitals may be fired

A doctor in Phoenix, Ariz. is facing medical malpractice allegations after he admitted to taking a picture of a patient’s tattooed genitals while the man was unconscious and undergoing surgery. The surgeon also allegedly showed the picture to other doctors. Dr. Adam Hansen, chief resident of general surgery at Mayo Clinic Hospital, admitted to taking the photo with his cell phone’s camera. The patient said he heard about the photo when the hospital called him and then put Dr. Hansen on the phone. Dr. Hansen could face a range of punishments, from probation to loss of his job.

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Long Island doctor may have exposed patients to HIV

Long Island Surgicenter owner Dr. Harvey Finkelstein may have exposed patients to Hepatitis C, Hepatitis B, HIV and other deadly blood diseases. The Nassau County Health Department is attempting to get in touch with several hundred of the doctor’s patients to warn them. According to the department, Dr. Finkelstein did not follow proper procedures. A nurse noticed that there were similarities between two hepatitis C cases. Both patients had received spinal injections at Finkelstein’s medical practice. Health officials investigated, and said they observed him remove the needle from a previously used syringe, attached a new needle and reused the syringe.

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Caps on medical recovery cases ruled unconstitutional

In 1995, the Illinois Legislature passed a law limiting judgment amounts on medical malpractice cases. Under the law, doctors could not be forced to pay more than $500,000 for medical malpractice, and hospitals could not be ordered to pay more than a million dollars. Now, a judge has ruled that that law is unconstitutional. Cook County Judge
Joan Larsen ruled the legislature could not supersede a judge’s ability to award malpractice damages. Judge Larsen made her ruling in the case of Abigaile LeBron vs. Gottlieb Memorial Hospital and Dr. Roberto Levi-D’Ancona. In the case, the LeBron family alleged that Abigaile LeBron was left with serious brain damage when the doctor failed to respond quickly enough to complications during Abigaile’s birth. According to Judge Larsen, the U.S. Supreme Court had ruled in another case that caps disregard the deliberation process of juries. The issue now goes to the Illinois Supreme Court on appeal.

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Appeals filed in medical malpractice case

Appeals have been filed in a Georgia Superior Court civil case involving medical malpractice. Following two weeks of trial, the jury awarded Pauline D. Harris, 61, $586,181 in damages. Harris was admitted to Newnan (Ga.) Hospital in 2002 with pain and swelling in her left shoulder. She had previously been diagnosed with bone edema caused by rotator cuff disease. Doctors at the hospital diagnosed her with possible septic shoulder, osteomyelitis or deep bone thrombosis. They operated on the woman, and she was later discharged with a prescription for Gentamycin, an antibiotic for bacterial infections. Later, she was readmitted with ongoing shoulder pain. A doctor concluded the infection may have worsened and performed a bone debridement, in which dead, damaged or infected tissue is removed. Harris was discharged and prescribed more Gentamycin, which caused serious and permanent kidney damage. Harris’ suit claimed her treatment at the hospital “deviated and departed from the standard of care.” She also alleged negligence. Several of the defendants have filed appeals in the case.
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Malpractice cases may be affected by doctor’s bankruptcy

A West Virginia doctor may file for bankruptcy and, if, he does, it may have an impact on more than 122 malpractice lawsuits that have been filed against him. Osteopathic surgeon Dr. John King has said through his lawyers that he may file for personal bankruptcy. That could impact the first of a number of trials that was to start in Putnam County before the end of the year. If King files for Chapter 7 protection, the malpractice cases against him may be put on hold for at least 90 days. King worked at Putnam General Hospital in 2002 and 2003.

Anyone who believes they have become ill as a result of E. coli contamination should consult an attorney, he said.

Nearly 30 people from 27 states have become ill, some seriously, after eating ground beef that had been contaminated with the E.coli bacteria, according to the USDA. Federal food inspectors say the meat originated in a beef processing plant in Elizabeth, N.J.

Topps Meat, which owns the plant, has recalled 21.7 million pounds of frozen hamburger patties from across the country. People became ill after eating the Topps Meat products in Florida, New York, New Jersey, Connecticut, Ohio, Maine and Indiana, the USDA said.

“Those who get sick from E. coli contamination can suffer permanent kidney failure and can even die,” Hensley said. “The danger now is that even though a recall is under way, contaminated meat can still be sitting in peoples’ freezers.”

Frozen hamburger patties should be discarded if there is any question about their safety, Hensley said. Also, ground beef should always be thoroughly cooked - through cooking is the best defense against E. coli contamination.

“The U.S. Department of Agriculture must take its meat inspection duties very seriously if American families are to maintain their confidence in the quality of the food that they buy and feed to their children,” Hensley said.

Medical care for mental health and brain injuries for veterans is often inadequate or poorly delivered. That’s the conclusion of a recent report from a veterans’ group. Veterans for America did the report, entitled “Trends in Treatment of America’s Wounded Warriors.” It examined a number of trends affecting service members and Iraq and Afghanistan veterans who suffered brain injuries or psychological traumas. Investigators visited demobilization sites and monitored services designed to help wounded vets readjust to civilian life.The report notes an inability to effectively treat head injuries and an apparent reluctance to treat post-traumatic stress disorder and traumatic brain injuries with the same enthusiasm as treatment for physical injuries.

A deputy county sheriff in Tennessee testified in a wrongful death suit recently that he did not conspire to kill his partner. Marty Carson shot and killed his partner, Hubert Yancey, during a policed raid in 2003. During the wrongful death trial, Carson denied soliciting another man, Richard Babb, to kill Yancey. Carson testified he and Yancey were friends and that he had no reason to want him dead. Yancey’s widow, Lori Ann Yancey, brought the suit, and is seeking $10 million in damages. The suit alleges that Carson was involved in drugs, and that Yancey had discovered that. The case is being tried in federal court in Knoxville.

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Family sues for wrongful death of elderly New York woman

The family of an 85-year-old Waterford, N.Y. woman is suing the nursing home where she lived for wrongful death. Helen Casale died in 2006. She lived at Maplewood Manor, a 277-bed nursing home in the town of Ballston Spa. According to the lawsuit, the elderly woman suffered dehydration, sepsis, ulcers and an infection in August of 2006 and was taken to a nearby hospital, where she died. A trial date will be set later in the case.

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Wrongful death suit filed in California shooting

The mother and child of an Oxnard, Calif. man have filed suit against Ventura County, claiming that a Ventura County deputy sheriff wrongfully shot and killed Adrian Canley last year. According to the suit, Senior Deputy Sheriff Shane Matthews shot Canley negligently and without good cause, justification or provocation. According to police reports, Deputy Matthews went to the Crestwood Chalets apartment complex to investigate an unrelated incident. An agitated Canley allegedly approached Matthews and tried to strike him with his pickup truck. Matthews allegedly warned Canley several times and then fired several shots at Canley’s truck, striking the man. After he was shot, police said they found a loaded pistol in his waistband. An investigation by the Ventura County District Attorney’s Office into the shooting is nearing completion.

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Pawtucket, R.I. denies claim in death of woman

City Council members in Pawtucket, R.I. have rejected a claim filed by the family of a woman who bled to death waiting for a Fire Department ambulance. The council’s Committee on Claims and Pending Lawsuits voted to deny the claim. The family of the woman, Maria G. Carvalho, must now file a wrongful death lawsuit if it hopes to recover any damages from the city. Mrs. Carvalho bled to death in September. City dispatchers failed to send an ambulance to her home even though the family and neighbors had called 911 three times. The 53-year-old Mrs. Carvalho was being treated for kidney problems, and she bled to death through a shunt that had been inserted in her arm so she could receive dialysis treatments. Meanwhile, the city has fired two dispatchers who were on duty when the incident happened.

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Portland, Ore. settles wrongful death suit

The City of Portland, Ore. will pay $500,000 to the family of a man who was shot to death by police in 2005. The family of Raymond Gwerder had filed a wrongful death lawsuit against the city after Gwerder was shot to death at a Portland apartment complex. The 30-year-old Gwerder was shot in the back by a police sniper while he talked via cell phone with a police negotiator. The sniper said he shot Gwerder because he feared Gwerder might shoot through the wall of a home next door. A grand jury ruled that Besner did not break any laws.

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Settlement in shooting death of Florida teen still unclear

It’s still not clear who, if anyone, will collect damages in the death of a 16-year-old Delray Beach, Fla. boy who was fatally shot by a Delray Beach police officer more than two years ago. In September, Delray Beach commissioners voted in favor of a $1 million payment in the wrongful death case of Jerrod Miller. But the settlement was not approved by Miller’s father, who was a co-plaintiff in the case. Lawyers for the family had sought $7.5 million. Legal actions in the case now center around which family members have standing, and which can collect the money. Delray Beach police officer Darren Cogoni shot Jerrod Miller in the head as Miller drove a car along a breezeway at the Delray Full Service Center during a dance. Cogoni was fired but was never charged with a crime.

Merck has agreed to settle most of the lawsuits relating to its Vioxx drug for nearly $5 billion. And after it announced the settlement, Merck’s stock went up more than two percent. The settlement agreement will apply to about 95 percent of the suits that had been filed involving Vioxx, a painkiller which caused strokes and heart attacks. Earlier, Merck withdrew the drug from the market. Some analysts had predicted that Merck’s liability could go as high as $50 billion. To qualify under the settlement, plaintiffs must proof that they suffered strokes or heart attacks, and that they had used at least 14 Vioxx pills no more than 14 days before their medical event.