New York Malpractice & Injury Lawyer Blog

Regulatory agencies forced a hospital in Massachusetts to make changes following a surgical error that stemmed from the incorrect identification of a patient. St. Vincent Hospital is now in good standing  after filing an acceptable corrective action plan.

In October, the hospital was notified that it would be removed from the Medicare and Medicaid agreement on December 12 if they did not make corrective action. That action was the result of staff not following proper patient identification procedures. The lack of procedure resulted in a July 20, 2016 surgery in which a healthy kidney was removed from a patient. That patient was incorrectly identified prior to surgery.

An investigation by the Department of Public Health discovered issues within the hospital with regards to patients’ rights, medical record services, and quality assessment and performance improvement. The hospital was found to lack “substantial compliance” with regulations.

Research has recently been released that has shown an increase in medical malpractice, but not for a reason that people may immediately consider. The alarming increase is related to hospital patients making it through surgery only to be found “dead in bed.”

According to a news channel in Cleveland, Ohio, there is a phenomenon occurring in which patients have successful surgeries and are sent to recover in their rooms. They are placed on low-risk floors, only to be found dead within hours following their procedures.

It is believed that opioid painkillers are playing a role. These drugs suppress the respiratory system and deprive the brain of oxygen. It is estimated that about 50,000 patients may have been impacted by this discovery over the last 10 years. Many of these patients have been found dead or with serious brain injury.

A woman entered Wycoff Heights Medical Centre in the summer of 2011. The woman, Sonia Natera, was walked to and from an examination room by a second-year resident. It was suspected that Natera’s abdominal pain was indicative of an ectopic pregnancy. During ambulation, Natera complained of diziness. The resident left her to look for assistance. After being left alone, Natera fell unconscious and fell.

As a result of the fall, Natera was forced to undergo neck and elbow surgery to repair injuries that were sustained. Natera’s attorneys alleged that the hospital departed from “good and accepted” medical practice by allowing Natera to be left alone after complaining of further symptoms.

The defense attorneys claimed that Natera’s vital signs were stable and that her fainting spell was an unforeseeable incident. The further stated that the hospital followed reasonable care in leaving Natera alone so that assistance could be found and treatment rendered.

A report by a Chicago newspaper has shown that pharmacies may not be as safe as we think. Reporters entered two different pharmacy chains with prescriptions. Taken separately, the prescribed drugs were safe. Taken together, they had potentially dangerous side effects, including death. In neither instance did the pharmacist warn the reporters of the possible dangers of drug interactions.

Reporters took prescriptions to two more pharmacies with the same results. Ultimately, the Tribune tested 255 separate pharmacies to determine how often it would dispense two or more drugs that, taken in combination, had potentially deadly results without warning the patient of those hazards. More than half of the pharmacies in the report dispensed the medications with no warning whatsoever.

CVS was discovered to be the worst offender. The pharmacies failed to warn patients at a result of 63 percent. Walgreens had the lowest rate of failure at 30 percent. The report points out that this is still a rate of 1 in 3 patients. The problem does not lie solely with the big chain pharmacies. Private and independent pharmacies had a failure rate of 72 percent.

A toddler who was born in 2014 during Atlanta’s snowstorm sustained damage to his spinal cord during a traumatic birth. As a result of that damage, the child’s left arm was paralyzed. Weighing more than 10 pounds at birth, the infant got stuck in the birth canal during delivery. Doctors were forced to assist his birth, damaging his arm in the process.

At just four months old, the boy underwent his first surgery. There wasn’t much that could be done, and it amputation was considered. Doctors and the child’s father ultimately decided to let the boy decide for himself when he got older.

At six months old, the infant underwent a second surgery. Following that procedure, doctors were hopeful that one day the child would be able to flex his elbow. Today, he is seeing an occupational therapist and learning to use his fingers. Doctors and the boy’s parents are incredibly happy at how far the child has come in such a short time. How much mobility and dexterity the boy will gain remains to be seen as he continues with treatment.

It stands to reason that when you go to the doctor or a hospital for treatment you are going to have the correct surgery. Unfortunately for 14 people in Massachusetts, that isn’t how things turned out.

According to reports, 14 separate patients received the wrong procedures at UMass Memorial Medical Center. Here are some examples.

A patient was given a CT scan that detected cancer. Two months later, a biopsy did not confirm the results of the original scan. A second biopsy was ordered and cancer was still not detected by a CT scan given before the biopsy. Doctors were surprised until it was discovered that the patient receiving the biopsies was not the same one who had undergone the original test.

A neurosurgeon in Michigan has been sued for medical malpractice yet again. Three plaintiffs in the latest case say that they were diagnosed with a condition called Chiari malformation. The condition affects the cerebellum and causes imbalance issues. According to the claim, the plaintiffs either underwent unnecessary surgery or were the victims of surgical errors that led to the formation of cysts on their spinal cords.

In researching the case, it was discovered that the neurosurgeon in this case has been sued at least 20 times for negligence in the past. The doctor has also been investigated by New York’s Office of Professional Medical Conduct, but no disciplinary actions were taken.

One of the patients in the newest case is close to bedridden, cannot sleep normally and has decreased bladder function. Another patient cannot move her neck. Each of the plaintiffs in the case has incurred medical bills that are financially crippling. The plaintiffs are seeking compensation for medical bills and more.

The Department of Health and Mental Hygiene recently sent an alert to doctors, announcing the birth of at least four children in New York City with Zika-related brain issues since July. The four births bring the total number of babies born with these issues in the city to five. Doctors have been urged to remain vigilant and advise pregnant and sexually active women about the dangers of Zika and the ways it can be transmitted.

The threat of the Zika virus has waned slightly, but this warning tells doctors that it still poses a danger. The consequences of Zika may be realized for some time to come. Any woman who is sexually active is strongly urged to utilize condoms for safe intercourse and to avoid traveling to areas of the country and world where the virus is known to be present.

As of early December, close to 8,000 people in New York City had been tested for Zika. Of those tested, 962 were positive, and among those were 325 pregnant women. All of the confirmed cases of Zika can be traced back to travel in some way. In addition to the five babies with Zika-related developmental symptoms, eight others have tested positive for the virus.

A family in Clark County, Nevada has been awarded $14.5 million by a jury after it was determined that medical professionals were responsible for a child’s brain injury.

According to reports, a jury found that Ali Piroozi and Ralph Conti, both doctors, were responsible for the injury sustained by MayRose Hurst. Although the award was for $14.5 million, the award assigned as responsible to be paid by Conti will not be. Conti passed away in 2012 and had settled the case for $2 million prior to his death. The family’s award is reduced to approximately $5.8 million. That money will be paid by Piroonzi or his insurance company.

The child in the case was delivered prematurely at Sunrise Hospital and Medical Center in Law Vegas. She remained in the neonatal intensive care unit for 11 weeks. Doctors did not tell her parents of her condition, failing to disclose the child’s severe anemia and lack of adequate red blood cells. Because no treatment was given, the girl is mostly blind and cannot speak or walk.

A medical malpractice trial began in California last week. The case was filed against a Newport Beach doctor who performed an experimental procedure on a patient diagnosed with multiple sclerosis. The patient suffered a stroke as a result of the procedure.

According to court documents and reports, Linda Vicary went to Dr. Michael Arata for a balloon angioplasty in 2011. The experimental procedure was an attempt to control the symptoms of MS that the woman was experiencing, including difficulty with swallowing, balance and speech, as well as decreased strength.

Instead of experiencing relief from her symptoms, Vicary had a stroke. That stroke left Vicary unable to care for herself. According to her attorney, it was hours before Vicary was transported to a hospital. She can now not use her walker, dress herself or use the bathroom. She still suffers with symptoms of MS and now suffers with symptoms of having had a stroke.