Articles Posted in Medical Malpractice

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When an ultrasound exposed a fibroid tumor growing in her uterus, Elissa McMahon didn’t take any chances.

Though she is a Massachusetts resident, Elissa scheduled a surgery to remove the fibroid at Lennox Hill, a top hospital in New York, where she would be close to her family. The surgery was a success, and Elissa was relieved when the pathology tests came back negative. She was cancer free, so the hospital said. This was in January 2012.

Two years later, Elissa began to experience severe back pain. She checked into an emergency room, where doctors found a tumor on her spine and metastatic lesions in her liver. Elissa had stage-4 cancer in her uterus, back, and liver.
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Every year, the Centers for Disease Control and Prevention compiles a list of the most common causes of death among Americans. This list is significant—it helps raise public awareness about particular health risks and it steers national research priorities. It is also inaccurate.

The CDC bases its rankings on data derived from death certificates, which assign an International Classification of Disease code to each cause of death. However, to this day there is no ICD code that corresponds to medical errors.

This omission is no accident. Preventable medical errors have been known by the healthcare industry to be a leading cause of death since at least 1999, when the Institute of Medicine referred to the 98,000 annual deaths they estimated were due to errors as an “epidemic.”
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“If this f— would just die…”

Those are not the words you’d expect to hear coming out of the mouth of a hospice CEO responsible for the care of hundreds of sick and elderly patients.

According to an FBI warrant for the arrest of Novus Health Services CEO Brad Harris, the 34-year-old hospice exec spoke frequently about prematurely ending his patients’ lives. In at least 3 cases, he actually called for their executions.

According to the Novus website, the company’s mantra is “Focus on Living,” and its mission is to “redefine hospice and palliative care.” For Mr. Harris, redefining care meant ordering his staff to kill patients by increasing their medication by 4 times the prescribed dosage.
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In 2011, Leydiana Santiago was told that she had suffered a miscarriage. She had previously stopped taking her prescribed lupus medication because of its known connection to birth defects. Upon hearing the tragic news, Leydiana resumed her daily dosage.

Leydiana had no way of knowing that her doctor at Lifetime Obstetrics and Gynecology had made an error. Her baby was still alive, and was born later that year with impaired vision and hearing, as well as requiring the amputation of both thumbs.

When Leydiana tried to sue Lifetime Obstetrics and Gynecology for medical malpractice, she learned that she had already signed a contract that banned her from taking the clinic to court.
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Every year, our office receives calls from potential clients that checked into hospitals for routine surgical procedures, and walked out with devastating bacterial infections. Some of these infections result in lost limbs. Others prove deadly. These cases are extremely difficult to prosecute because hospitals frequently use the defense that infections can spread any place that sick and elderly patients reside.
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Lake Forest, CA teenager Kevin Barr hasn’t had it easy. Kevin was born 25 weeks premature, and suffered throughout his life from a seizure disorder as well as cerebral palsy.

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“I think he’s guilty of the most cruel thing that a human being can do to another human being.”

That’s what Dr. Soe Maunglay has to say about his boss, Michigan oncologist Farid Fata, M.D., who on July 10th was sentenced to serve 45 years in prison and forfeit $17.6 million.

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Eliza Jennings resided at The Terrace Nursing & Rehabilitation Center in Berea, KY from 2004 until her death in 2009, and during that time she endured unimaginable living conditions and neglect by the facility’s staff.

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New York victims of medical negligence suffered a catastrophic blow this past Thursday, as state legislators refused to pass a “Date of Discovery” bill that has already been approved by 44 other states. “Lavern’s Law,” named after one particularly tragic medical negligence victim, would have corrected an oversight in the law as it applies to victims of medical negligence and misdiagnosis treated at New York hospitals.

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We wrote about the Joan Rivers tragedy shortly after the 81-year-old comedienne’s death during an endoscopy in September of last year. The Manhattan clinic that treated comedian Joan Rivers before her death allegedly made a number of serious mistakes, including failing to identify deteriorating vital signs, and providing timely intervention, according to a report released Monday.

The report, which was published by the Centers for Medicare & Medicaid Services (CMS), included a list of major error committed by the clinic:

— Failing to identify deteriorating vital signs and provide timely intervention;

— Failing to record Rivers’ weight, prior to the administration of medication for sedation;

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