New York Malpractice & Injury Lawyer Blog

A man whose sister died 12 years ago after undergoing breast implant surgery at a doctor’s office is driven to try to make medicine safer for patients by putting cameras in operating rooms.

Wade Ayer lost his sister, Julie Ayer Rubenzer, 38, when she died in a Brookfield nursing home on Dec. 26, 2003. Her death came three months after she stopped breathing while undergoing breast implant surgery at a doctor’s office in Florida. Records showed that Rubenzer received excessive amounts of the anesthetic propofol during surgery.

The surgeon who performed the surgery on Burbenzer lost his medical license.

The widow of a military veteran who died as a result of kidney failure after having been prescribed a medication has filed a medical malpractice lawsuit against the Charlie Norwood Veterans Affairs Medical Center.

The plaintiff, Janice L. Allen, filed the suit in U.S. District Court on September 15 on behalf of her husband, Lional Allen, 51, who died February 4. The malpractice lawsuit alleges that the treatment that Lional Allen received at the VA hospital was below a level of standards. The lawsuit names the U.S. government as the defendant in the case.

According to the lawsuit, Allen had been diagnosed with stage 2 renal (kidney) failure in October 2012. A diagnosis in April 2013 was indicative of early stage renal failure. Allen was advised by his physicians to avoid renal toxic medications.

A woman has been awarded $1.2 million after being injured at an Edwardsville surgery center. Also named in the malpractice suit is Granite City Illinois Hospital Co., which operates the surgery center.

Connie Duft of Maryville, along with her husband, Ronald Duft, allege that Connie Duft became disabled after a back pain procedure was performed by Dr. Gregory Randle at the at the Edwardsville Ambulatory Surgery Center.

The lawsuit alleges that during the procedure that was performed on January 22, 2013, Dr. Randle injected a medication into Duft’s spinal cord instead of the space just within the vertebrae as it should have been.

Across many parts of the medical profession, the pressure that clinicians feel in trying to avoid unnecessary tests and keep medical costs under control has led to an increased problem in diagnostic issues.

This is the finding according to a leading healthcare expert who was one of the reviewers of the recently released Institute of Medicine Report (IOM) that says most people will experience a misdiagnosis at some point in their lives.

The IOM report indicated higher rates for missed, wrong or delayed diagnoses. However, according to Hardeep Singh, M.D., chief of health policy, quality and informatics at Michael E. DeBakey VA Medical Center in Houston and an associate professor of medicine at Baylor College of Medicine, getting a correct diagnosis can prove to be difficult when a patients’ symptoms and disease conditions change over time.

The Supreme Court in New Jersey has ruled that doctors do not have to inform patients as to whether or not they have malpractice insurance for a surgery they are recommending.

The high court handed down its ruling after a lawsuit filed by a patient against anesthesiologist, Richard A. Kaul. Dr. Kaul had been performing back surgeries in same-day outpatient operating facilities in New Jersey, even though he lacked the training to perform spinal surgeries.

Documents reveal that Kaul had lost his medical license after a series of complaints from patient of severe post-surgical pain.

A former Cumberland County couple has won over $7.5 million in damages in a medical malpractice lawsuit against Owen Drive Surgical Clinic of Fayetteville after complications from a colon surgery performed in June 2010.

A jury has awarded Melode Dickerson $7.24 million; $3.24 million in economic losses and $4 million for her suffering. Also awarded damages was her husband, Gregory Dickerson, who was awarded $300,000 for his loss of consortium with his wife.

According to documents filed with the court, the plaintiff alleged that surgeon Florias Andrew Morfesis of Owen Drive Surgical removed part of Melode Dickerson’s colon in June 2010 because it had a potentially cancerous mass. Tests later revealed that the mass was benign.

Jurors are now beginning to hear the opening arguments in a Stearns County civil malpractice lawsuit that accuses two Central Minnesota doctors of causing the death of a former Sartell police officer.

According to records filed with the court, Joseph Schmitz died in March of 2014 after developing a hemorrhage in his neck while undergoing surgery to repair a herniated disc. Complications arising as the result of the hemorrhage caused Schmitz’ throat to swell, thus closing his airway and leading to cardiac arrest along with severe brain injury from a lack of oxygen.

Schmitz was placed on life support before his next of kin made the decision to end his care several days later. Schmitz was 44 years old at the time of his death.

The Centers for Disease Control and Prevention have issued draft guidelines in relation to the prescription of opioids in the treatment of patients. The agency believes that patients are too often being prescribed these painkillers and causing them to become addicted.

The CDC went on to state that such overprescribing of opioids could lead to the institutionalization of malpractice and would be in direct violation of the very tenets of person-centered health care.

Currently there is underway a redefinition and reclassification of various medical conditions that are associated with chronic pain. Some conditions which range of the intensity of pain could hold the potential of that patient needing to be treated for the rest of their life at medication levels that are beyond that which is currently associated with acute pain.

A settlement has been reached in which the North Breward Hospital District has agreed to pay some $69.5 million in restitution for false claims allegations made by the Department of Justice.

The government alleges that the hospital district had provided above market value compensation in exchange for physician referrals therefore violating the government’s False Claims Act . The law specifically states that hospitals may not enter into or maintain financial relationships with physicians in exchange for hospital referrals.

The ruling is being praised for addressing such inappropriate relations because they are both unethical and because it is believed that such relationships may ultimately compromise how patients are cared for and the prices that are paid for that care.

A Chief District Judge has denied a request for recusal of a judge assigned to a medical malpractice case against Summerlin Hospital. Ruben White, who claims malpractice led to the tuberculosis-related deaths of his wife and two daughters at the hospital asked District Court Judge Joe Hardy, Jr. to withdraw from the case because of the appearance of impropriety and potential partiality in the case.

Chief District Judge David Barker, whose father is a doctor and state senator, declined the request and issued a six-page order that states, “The court finds that a reasonable person, knowing all the facts, would not harbor doubts about Judge Hardy’s impartiality.”

White’s attorney, Robert Cottle, plans to take his request to the Nevada Court of Appeals in an attempt to reverse Barker’s ruling on the matter.