Medical Malpractice Matters – “Tort Reform”

Monday, April 19, 2010

During the legal career of an experienced Michigan personal injury lawyer, it is common to represent a number of clients who have sustained severe personal injury as a result of medical malpractice or a doctor’s negligence. Throughout the country, some legislators are trying to push for so-called “tort reform” that puts a cap on the amount that patients can receive from medical malpractice lawsuits.  Michigan has long had “tort reform” which places such caps on recoveries.  However, as many news sources have pointed out, this system leaves no safety net for people. Blogger Andrew Cohen commented, “A system where doctors are rich, patients have no guarantees, and only patients have to make sacrifices is unacceptable.”

The most important people to listen to are the millions of people who have suffered personal injury or died as a result of a doctor’s negligence or medical malpractice accidents. After going through the complex legal system, some of these people victimized by the results of “tort reform” in their particular state.   Such caps should be banned, including  “proposals like ‘caps’ on compensation for families who need funds to survive; one-sided use  of clinical guidelines as a means of removing accountability for providers; and proposalsl to involuntarily  remove cases from the jury system.    Keeping informed, and opposing these arbitrary and unfair limits is important. 

The Law Offices of Bredell and Bredell supports the victims and the families of victims of medical malpractice. A negligent doctor can cause lfie changing consequences for patients, including severe personal injury or death. Because medical malpractice can have such extreme outcomes, it is essential to contact a hard-working Michigan personal injury attorney for legal advice and legal representation immediately.  Call us today.

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Personal Injury Law – American Lawyers Get Ready For a Fight

Tuesday, January 26, 2010

The rise of medical errors in hospitals and other medical facilities have prompted organizations from around the nation to take notice. One of these groups, The American Association for Justice has taken a very active stance against the widespread problem. The trial lawyers group has begun an aggressive grass-roots campaign to spotlight the problem of medicinal errors and how important medical malpractice litigation is.

One of the ways The American Association for Justice has broadcasted their cause is through a web site that they created. (www.98000reasons.org) This site encourages all visitors to contact their representatives encouraging them to keep patients their top priority. Additionally, there is a lot of information on the web site informing the public of how serious the coneseuqences of medical malpractice errors are. Each year, 98,000 people die from preventable medical mishaps–that is equivilent to two 737 airplanes crashing every day.

The organization of trial lawyers attests to their first-hand experience as witnesses to the devastating effects of medical malpractice–errors in the emergency room has consequences not only for the injured, but for the injured’s family as well. The blame is placed upon negligent doctors, physicians, surgeons, and nurses that made serious errors during procedures that caused personal injury. According to the web site, “The best way to have fewer medical malpractice cases is to reduce the number of medical errors.”

The American Association for Justice is petitioning regarding the creation of “medical tribunals” or special courts to hear the medical malpractice lawsuits. By designating specific courts for these cases, it deprives the plaintiff of their seventh-amendment right to a trial by jury. The petition states, “Any attempt to limit an injured patients’ right to their day in court should be voted down.” Additionally, the organization suggests that safety measures for patients should be the focus of legislation–not simply tort reform.

Medical malpractice incidents are especially  tragic because they violate the trust-based relationship between doctors and patients. A hard-working personal injury attorney can help answer many of the questions that an injured individual likely has regarding their case. Sustaining personal injury as a result of medical errors can be life-changing. For these injuries, you could be entitled to compensation. An experienced and aggressive personal injury lawyer can help provide the best legal representation for your suffering. The Law Offices of Bredell and Bredell have years of experience fighting to the rights of injured persons, and is ready and waiting to fight for you as well.

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Over Two Decades of Med Mal Information Closed to the Public

Wednesday, December 30, 2009

Over twenty years ago, Congress created a database compiled with incompetent and unprofessional medical doctors. The massive database, put together by the U.S. Department of Health and Human Services, includes over 460,000 medical malpractice lawsuit records.  The database also includes information on 23,788 deaths, 8,100 major permanent injuries, and 3,896 that resulted in some sort of catastrophic injury. There is a major problem with the data base: much of this medical malpractice database is closed to the public.

The public can only view limited portions of these records, such as the lawsuit’s allegation and the patient’s health. Hospitals, managed care facilities, and state licensing agencies, however, can view the entire record. At the same time, the doctors names stay hidden, preventing the public from looking up information on their physicians. For years, the American Medical Association has argued to keep these medical malpractice records closed to the public, insisting that they are incomplete and provide unreliable information. However state medical boards reference this database on a daily basis to make decisions about individual partitioners.

If this database is reliable enough for the state to use, then why not the public? Medical malpractice accidents often come with life-changing and irreversible consequences. It is the right of the patient to know the background of their doctor prior to seeking medical attention with that physician. If you or a loved one has been injured as a result of a doctor’s negligence, you will need an experienced and hard-working medical malpractice attorney to represent you. Please contact The Law Offices of Bredell and Bredell immediately for legal assistance.

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Deceased Farm-Worker’s Family Receives $3.7M in Med Mal Verdict

Monday, October 12, 2009

When injured or ill, we seek the help of doctors to help us regain our health. Mistakes, however can and do happen. And, it is especially devestating when injury and/or death comes because of the malpractice of a doctor or physician.

Last week, a verdict was released awarding $3.7 million to the family of a farm worker who passed away after being misdiagnosed by health care providers at Bellin Family Medical Center in Bonduel, Wisconsin. Gustavo Espinal-Santos, a Wisconsin farm worker and father of two, sought medical attention from the Belling Family Medical Center in December, 2003. After being evaluated twice by two separate physician assistants, he was diagnosed as having pneumonia. However, his illness was far more serious.

Espinal-Santos had blastomycosis, which is a fungal infection that is contracted through contact with contaminated water and soil. When the original diagnosis did not solve his illness, he was admitted to the St. Vincent Hospital later that same month. There, diagnostic tests and evaluations reported that he was in fact much sicker than originally thought. Unfortunately, this diagnosis was too late to save Espinal-Santos, and he died on January 1st, 2004.

The trial was long and hard fought between the two parties. It lasted four days, and took eight hours of deliberation before a verdict was finally reached on October 2nd, 2009. Espinal-Santos’ widow and two young daughters were awareded $3.7 million in damages against the Bellin Family Medical Center. Attorney’s for the deceased argued that basic X-ray tests, along with other routine diagnostic evaluations were either not properly performed, if at all. And, this Brown County, Wisconsin jury agreed.

Medical malpractice suits are devastating for all involved. It is especially tragic that those who we trust to properly treat and diagnose ourselves and loved ones can make such fatal mistakes. The Law Offices of Bredell and Bredell have years of experience fighting for those who have been injured/died in such accidents. If you or a loved one is a victim of medical malpractice, you may be entitled to compensation. Please do not hesitate to contact us immediately for help.

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In Washington State, Parents Can Collect Damages for Children’s Services

Saturday, September 12, 2009

This week, the Washington state Supreme Court redefined the relationship between dependency and collecting damages. Most specifically, if a disabled parent relies on an adult child for services, those tasks can be taken into account when totaling damages in wrongful death suits. This is exactly the same as if the child had paid for those services, as opposed to doing it themselves. This case has made it clear that parents have the ability to be dependent on their adult children for more than just money.

Josie and Warren Armantrout of Auburn, Washington were awarded $1.3 million, when the Supreme Court unanimously overturned the Court of Appeals in their medical malpractice case against Cascade Orthopedics. The couples 18 year-old daughter Kristen died in 2003 of a pulmonary embolism, shortly after having ankle surgery.

In the wrongful death suit, there was evidence that Joise, both blind and diabetic, relied on her daughter for various tasks she was unable to perform herself. These include: driving, reading, glucose monitoring, injections, and others. Additionally, Kristen contributed $588 monthly in disability checks to the household expenses. The jury found that the parents were “substantially financially dependent” and awarded them $1.5 million.

Cascade Orthopedics insisted that dependancy should hinge on monetary support alone, and the Court of Appeals panel agreed. However, when the case reached the Supreme Court, they sided with the Armantrout’s. According to Justice Barbara A. Madsen, “Parents who received monetary contributions from their adult child to purchase valuable services would qualify as statutory beneficiaries, but parents who received those exact same services from their child would not…. Nothing in the statute indicates the legislature intended such a level of incongruity.”

In cases of dependency, it is important to know where one can collect damages from. This case redefined beneficiary relationship, giving the parents the ability to collect damages in wrongful death suits such as these. If you or a loved one have endured a wrongful death in your family, you may be entitled to damages. The Law Offices of Bredell and Bredell has years experience fighting for the results you deserve. Please do not hesitate to contact us immediately.

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South Carolina Dental Malpractice Case Reaches $2M Verdict

Wednesday, September 2, 2009

Earlier this month, twenty-eight year old South Carolina woman, Elizabeth Smith was awarded $2 million in a dental malpractice case. The defense, the Sexton Dental Clinic had removed all sixteen of the patients upper teeth unnecessarily. 

In May, 2006, Smith sought dental care from the Sexton Dental Clinic for a cracked tooth. According to the court documents, there were three main doctors responsible for the accidental removal of all upper dentia: Dr. Robert W. Scott, Dr. Robert G.Jamison, and Dr. John R. Clark. It was determined that as a result of Smith’s initial cracked tooth, three teeth would have to be extracted. However, the dentists proceeded  removed the remaining thirteen teeth, without any medical basis. The dentists are further accused of falsifying medical records in order to cover up the mistake. Clearly, the dramatic magnitude of this “mistake” has left Smith permanently disfigured and catastrophically damaged. The plaintiff’s named the Sexton Dental Clinic, the CEO, as well as the three dentists of wrongdoing. 

According to The South Carolina Board of Dentistry, all three of the dentists have their licenses listed as active. While the all deny any wrongdoing in this case, further research has shown that one had previously confessed to negligent care. Dr. Robert G. Jamison admitted to violating the standards of care as determined by the state of South Carolina in the treatment of two patients. He was sentenced to disciplinary and corrective actions and was forced to pay a fine, undergo one year probation, as well as thirty-two hours of remedial education classes concerning removable prosthodontics. 

A Florence County jury found the Sexton Dental Clinic, CEO, and three associated dentists comitted dental malpractice and awarded Elizabeth Smith $2 million in damages. The lawyers representing the Sexton Dental Clinic likely will file an appeal of this decision to a higher court. However, it is unknown whether Dr. Jamison’s stormy past will create this a difficult task for the defense. 

Mistakes made by medical practitioners can have destructive consequences. When one seeks medical attention, it makes the situation even more dismaying when those we are trusting the most are negligent. The Law Offices of Bredell and Bredell are experienced in fighting for the rights of injured people due to medical malpratice mistakes. Should you or a loved one be injured as a result of medical negligence and malpractice, please contact us for help immediately.

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Experts Insist Propofol is Safe, With Brain Monitoring

Thursday, August 6, 2009

Dr. Barry Friedberg from Corona Del Mar, California is the developer of PK (propofol ketamine anesthesia), a pharmaceutical drug used during routine, but serious procedures. He is also recently notable for being quoted in People Magazine’s August 10th issue, commenting on the Michael Jackson case. As the expert anesthesia witness, he maintained that the drug is safe, if used with a brain monitoring system. In the case of the beloved entertainer, Dr. Friedberg believes that  had a monitor been used, he would not have died.

There are several examples of situations in which Propofol is used  during standard, but uncomfortable medical procedures. It is used during colonoscopies, as well as other endoscopies without a brain monitor due to the short time it takes to complete the procedure. Cosmetic surgeries however, similar to the ones underwent by Jackson, are much longer in length–comparatively two hours to the twenty minutes it takes to complete an endoscopy.

According to Dr. Friedberg, a twelve year veteran of monitoring PK anesthesia during cosmetic surgeries, “Brain monitoring greatly increases the safety of Propofol for cosmetic surgery with Propofol.” There are several reasons for this. Propofol is a drug that is metabolized in the liver, which every person does differently. This changes the blood levels of Propofol. When this happens, the anesthesia may either be deepened or lightened. This will reflect in the brain Propofol levels, and is therefore can be seen from a brain monitor. Should anything go wrong, it will be quickly detected and fixed.

Dr. Friedberg insists that Propofol is a safe drug, but every precaution must be taken. Using this simple device could prevent deaths and injuries that would result out of simple surgeries. It was also noted that many patients are much like Jackson–it is common for a patient to be honest with their anesthesiologist about which drugs they are taking and/or abusing. Using a brain monitor measures the affect that the Propofol exerts, independent of the drugs they may have consumed. If Jackson had a brain monitor, his dosage would have been at a safe level. This would have otherwise caused his breathing and heart to cease.

When one undergoes surgeries, even simple ones, they expect that with whatever drugs they will be given during that time period, they will be safely monitored. Failure to do so, like in the Michael Jackson case, could be considered negligence on the behalf of the doctor. These mistakes can be fatal, and are not to be taken lightly. Should you or a loved one feel that you have been the victim of medical malpractice and/or negligence by your doctor, please contact The Law Offices of Bredell and Bredell immediately.

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Negligent Delivery Results in Verdict

Wednesday, August 5, 2009

Having a newborn child is an exciting milestone in one’s life. The doctor who delivers the child has a special responsibility not only to the baby, but also to the parents. It is during these first few moments of life that mistakes made can prove fatal.

A Maryland couple welcomed their baby boy, Benjamin on July 3rd, 2005. However, he died two days later. They filed suit against the doctor who performed the delivery, Dr. Leonard Bienkowski, accusing him of not following the accepted process of medical care during delivery. The newborn’s head became wedged in the birth canal during delivery, so the doctor used a vacuum extraction.  This technique is usually used in these situations when the baby is in distress.  The parents argument that there were no evident signs of struggle for their son. Additionally, they claimed that Dr. Bienkowski failed to inform them of the dangers and risks associated with vacuum extraction. Had they known, they say, that technique would have never been permitted.

It must be noted however, that performing vacuum extraction during vaginal delivery has come to replace the use of forceps in  certain situations.   But, what Dr. Bienkowski failed to tell the  parents, is that severe and life-threatening injury can still occur, primarily involving bleeding between the scalp and the skull, or inside the baby’s skull. If this happens, the child could  suffer  brain damage, developmental problems, or cerebral palsy. The Montgomery County, Maryland jury found Dr. Bienkowski negligent, and that it resulted in the death of  the baby during birth.

The birthing process is a a crucial time. There are no room for mistakes, as varying techniques have different effects on the baby. Knowing all of the side-effects of emergency birthing processes is crucial. If  Benjamin’s parents had, they would not have opted for vacuum extraction. These mistakes can have tragic consequences.   Contact the Law Offices of Bredell and Bredell immediately if your family has been affected by wrongful death  or  medical malpractice .

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