New York Malpractice & Injury Lawyer Blog

March 21, 2016

Common Anesthesia Errors

by Bottar Law, PLLC

Preoxygenation_before_anesthetic_induction Anesthesia is necessary for most surgeries. Unfortunately, anesthesia errors occur and are a form of medical malpractice. By law, an error is considered to have occurred when a patient suffers unnecessary harm as a result of negligence or error. When an anesthesiologist makes an error, the consequences can range from mild to debilitating.

What is Anesthesia?

Anesthesia is a medically-induced state that causes a patient to be unable to feel pain. It causes a decreased stress response, amnesia, the loss of skeletal muscle reflexes and a loss of responsiveness. Administering anesthesia involves one or more drugs.

March 18, 2016

Two Lawsuits Filed Against Texas Hospital in One Week

by Bottar Law, PLLC

A Waco, Texas hospital, Baylor Scott & White Health, was hit with two separate medical malpractice lawsuits earlier this month, filed just days apart.

In the first lawsuit filed, Randall and Sandra Clark, of Duck River, Tennessee, claims that Randall Clark entered the hospital in December 2013. His intent was to have a hiatal hernia and gastroesophageal reflux disease repaired. The scheduled surgery, a laparotomy, was exploratory in nature.

During the operation, doctors noted a large amount of bleeding from an artery. That bleeding was brought under control and the operation was begun. Sponges and pads were used to control the bleeding, and doctors noticed that all sponges were not accounted for after surgery. A radiograph did not locate the missing sponge inside Clark.

March 17, 2016

Malpractice and Children: Where Does the Money Go?

by Bottar Law, PLLC

Premature_infant_with_ventilator When a child suffers a birth injury due to the error or negligence of medical professionals, they are dealt a lifetime of consequences. As a parent, you are placed into a type of caregiver roll that you did not expect. Whether your child was diagnosed with cerebral palsy or another birth injury, you have a right to be concerned.

In instances such as birth injury, parents often file a medical malpractice lawsuit, and rightfully so. Your child will probably outlive you. They will require care past the time that you will be able to physically provide it. They may need help with personal hygiene, mobility, grooming, eating and more. Who will provide for your child when you cannot?

When you file a medical malpractice lawsuit, you may receive a settlement. It is not unusual for a hospital to settle out of court, especially when the victim has a strong case. But what happens to the money?

March 16, 2016

Birth Injuries Can Affect the Whole Family

by Bottar Law, PLLC

maxresdefault It goes without saying that the person most affected by birth injury is the victim. A child born with a birth injury must often deal with lifelong consequences stemming from the negligence or mistakes of medical staff. It is important to remember that it is not only the victim who is affected. Every member of the family will deal with the birth injury and its consequences, and every member of the family will experience different feelings. Support is both encouraged and necessary.

Benefits of Support

When you join a support group, you are surrounded by people who are dealing with similar events. Sharing experiences can be cathartic. Attendees of support groups feel less judged within their new circle than they do from the outside world. You and your family are finally with people that understand your thoughts and feelings.

March 15, 2016

NFL Exec Agrees: Football Does Cause CTE

by Bottar Law, PLLC

For the first time ever, the National Football League has officially acknowledged that the sport leads to brain damage. The statement came from Jeff Miller, the league’s senior vice president for health and safety. In a roundtable discussion with the United States House of Representatives’ Committee on Energy and Commerce, Miller was asked if there was a link between football and brain damage and diseases like chronic traumatic encephalopathy, or CTE. His response?

“The answer to that question is certainly yes.”

Even after years and years of inquisition and multiple class action lawsuits, the NFL has taken the staunch stance that their sport has no connection to brain damage. But now that their senior vice president for health and safety has stated otherwise, what does it mean for the NFL? Will they survive the fresh onslaught of lawsuits that are sure to be heading their way?

March 15, 2016

Is Your Child at Risk for Birth Injury?

by Bottar Law, PLLC

Baby_warming_tray As you begin to prepare for the delivery of your child, you are excited, anxious and perhaps a little bit stressed. It is no surprise. You are about to embark on one of the most thrilling journeys of your life: parenthood. The closer you get to your due date, the more prepared you become. You are building a nursery, gathering clothing and necessary supplies, and mentally preparing yourself for life with an infant. The last thing you are thinking about is a birth injury.

Unfortunately, thousands of newborns fall victim to birth injury. If your doctor has not spoken with you about which infants are most at risk, read on. While any newborn can be injured at birth, there are factors that increase your child’s risk greatly.

Size

March 14, 2016

Pharmacist Attempts to Explain Away Mistake

by Bottar Law, PLLC

6213018330_ecd363b817_o_d There are questions rolling in after a mother claims a pharmacist’s negligence injured her daughter. While many people first consider doctors when the subject of medical malpractice arises, pharmacists can be held just as liable. Many people are watching this case with bated breath to discover exactly what the outcome will be.

According to reports, the mother went to the pharmacy to pick up a prescription for her daughter. The bag had her daughter’s name on the outside, but the bottle and medication inside the bag belonged to another patient.

A pharmacist not involved in the case attempted to explain how prescriptions are filled, hoping to reinstill the faith that people have in pharmacies and their workers. According to this pharmacist, people in her profession are the last line before a drug is passed into the hands of a patient. The people on this line should be triple checking to be sure that they are not handing over what amounts to a mistake.

March 11, 2016

Understanding Infant Brain Damage

by Bottar Law, PLLC

Traumaticbraininjury2010 According to the Centers for Disease Control and Prevention (CDC) and the Brain Injury Association of America (BIA), one of the leading causes of permanent disability or death in newborns and toddlers is traumatic brain injury. Brain damage can be caused by difficulties during the birthing process or from a doctor’s negligence during delivery. It is important to understand the symptoms of infant brain damage in order to help your child to the best of your ability.

Signs of Brain Damage

Signs of brain damage in infants can be detected just after birth. While not always present in infants who have brain damage, some of the more common symptoms that appear shortly after birth are:

March 11, 2016

Mother Steals Daughter’s Medical Malpractice Settlement

by Bottar Law, PLLC

A child, born in 2004, suffered a brachial plexus injury. Because of the severity of the damage, the girl was left with limited, if any, function in her right arm. Rightfully, her mother filed a suit against St. John’s Episcopal Hospital in New York in 2007 on behalf of her daughter.

A settlement was reached in the suit, and the payments were structured so that the girl would begin receiving them after her 18th birthday. To seed the account, $50,000 was placed at Cross County Federal Savings. That money was to be used for the child’s benefit.

According to reports, Megan Mele, 31, was required to make an official request of the courts to withdraw any money from that account. On March 27, 2015, Mele gave the bank a forged court order that stated the child was going to have surgery in San Diego. The bank issued a check to Mele, in her name, for $47,000.

March 10, 2016

Medical Malpractice Versus Negligence

by Bottar Law, PLLC

hqdefault Certain laws and regulations have been created to keep people safe when they receive medical care. Unfortunately, even with regulations, people can get hurt. This is the case when a doctor performs his or her duties in a negligent manner. Many people who have experienced negligence believe that they have a malpractice case. Some do and some do not. Negligence is not always malpractice and vice versa. Here is the difference between the two.

When first considered, medical malpractice and negligence appear as though they could be in a category together. When looked at more closely, they are very different. Medical malpractice is a category of negligence. In other words, negligence is of a broader scope than malpractice. The difference between negligence and malpractice is, ultimately, intent.

Let’s look at an example: