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Prominent governor's lap-band doctor sued for medical malpractice

2013-05-16T17:44:09Z

Chris Christie, the well known governor, recently went public with the news that he had undergone lap-band surgery for weight loss. The procedure was performed at a weight management clinic which had previously been under investigation. Several years ago, three patients died after undergoing bariatric procedures at the clinic. The nationally known governor went on record as saying he was satisfied with his doctor's work even though his doctor is being sued for medical malpractice.

At the time of the investigation, there were at least six medical malpractice claims against the doctor and his wife, who is also a surgeon. One alleged surgical error involves a teenage girl who was hospitalized with stomach perforations after surgery. Another involves the 2009 death of a patient who had an abnormal EKG before she was operated on. The abnormality was never caught, and the physician went ahead and operated on her. She lost her life a few months post-surgery.

]]> Physicians who offer and promote the gastric banding surgery must educate patients about the risks involved with the surgery. The Food and Drug Administration suggests that patients who are thinking about getting the lap-band procedure read all of the patient literature that is provided by the physician, and ask questions before the date of the surgery. Surgical errors are possible with the lap-band, as they are with any surgery, and patients need to be fully informed of the risk they are undertaking.

The lap-band procedure is not without its problems. Many weight-loss centers have opened up around the country and have used poorly-trained physicians to do the surgery. As a result, patients have suffered serious harm from medical negligence, even death, due to surgical errors. Gastric banding also has potential issues with the band leaking, erosion of the materials that make up the band, acid reflux and more. Patients need to be fully informed of the problems associated with bariatric surgery before going ahead with the procedure.

Source: Courier Post, "Christie doc sued, lap-band clinic probed over woman's death," Bob Jordan, May 8, 2013

Daughter receives $3.7 million for mother's nursing home death

2013-05-13T22:33:20Z

A jury recently awarded a woman $3.7 million for her mother's death at a nursing home. The woman who filed the nursing home negligence case said that her mother was supposed to stay at the nursing home for five days to recover after breaking her ankles. Instead of returning home, her mother died of a urinary tract infection.

The mother, 88, had a catheter when she was brought to the nursing home. The daughter alleged that the catheter was not properly monitored. Nursing home records show a 22-hour gap without a nurse checking in on the woman. The woman developed a urinary tract infection, which entered her blood stream and eventually killed her.

]]> The daughter accused nursing home employees of falsifying documents to show that her mother received care that she did not. After a trial, jurors agreed that the nursing home had been negligent. A jury verdict resulted in a $3.7 million award for the daughter. About $200,000 of the verdict was intended as compensation for emotional distress. The remaining $3.5 million is for punitive damages, which are intended to punish a negligent party for wrongdoing.

For the daughter, as well as for many people who file nursing home negligence claims, money is not enough. People who file lawsuits may want change or some other

An attorney for the daughter says the nursing home should have to implement better practice, including proper monitoring of nursing home residents with catheters. The daughter says she wants people to avoid going to the nursing home. She says she's haunted by how her mother was treated.

Source: KRDO, "Jury finds Pueblo nursing home's negligence led to patient's death," Michelle San Miguel, May 6, 2013

Our law firm handles cases like these. For more information, visit our Phoenix nursing home neglect page.

Study: Big medical malpractice claims do not affect health costs

2013-05-09T20:18:00Z

All too often, people link high health care costs in the U.S. with medical malpractice reform. Amid fears that large payouts for potentially frivolous claims, many states have enacted medical malpractice reform to limit the damages and compensation that victims of medical negligence may collect from hospitals, doctors and other medical providers. Fortunately for medical malpractice victims in Phoenix, Arizona does not have such limitations. Now, a new study has found the idea that large payouts are driving up the cost of health care may be incorrect.

University researchers added medical malpractice settlements and verdicts that greater than $1 million. Their review found that these claims total about $1.4 billion a year. The amount is much less than 1 percent of the total amount of medical expenses in the nation each year. According to the leader of the study, the idea that frivolous claims routinely return $100 milion verdicts or settlements is inaccurate.

]]> Researchers reviewed medical malpractice claims from 2004 to 2010 throughout the nation using a national database of medical malpractice settlements and judgments. Because the information included patients made only on behalf of individuals and did not include hospitals or corporations, the payouts may be underestimated by 20 percent, the study leader says.

The results showed that during that period, 77,621 medical malpractice claims were paid. Catastrophic claims, those greater than $1 million, made up 7.9 percent of the total claims paid. Of the claims that resulted in settlements or verdicts greater than $1 million:

34.2 percent were related to a diagnosis
21.8 percent were related to obstetrics or birth injuries
17.8 were related to surgery

While the age of the physician did not have an effect on the risk of a medical malpractice claim, having a previous claim did appear related. About 37 percent of physicians with a catastrophic settlement or verdict had a previous claim in the database.

The lead researcher says that the findings show the need for more research into preventing the kinds of errors that lead to large medical payouts. Focusing on this safety goal could also help reduce costs, he says.

Source: Claims Journal, "Catastrophic Malpractice Payouts Add Little to Health Care’s Rising Costs," May 2, 2013

Girl dies in apparent residential pool drowning

2013-05-07T21:48:00Z

Pools are a refreshing way to beat the heat, especially for children. Unfortunately, they can also be extremely dangerous areas of the home, especially when they do not have barriers or fences to protect children from accidental drowning. Recently, a three-year-old girl died in an apparent drowning at a pool that lacked fences or barriers.

According to investigators, the girl and her parents had gone to the home for a get-together. The girl was spotted about 15 minutes before she was found in the pool. The girl was taken to the hospital, but it was too late. She was pronounced dead. Investigators say the pool did not have a fence or barriers around it. Authorities are investigating the fatal accident.

]]> After any serious accident, people often wonder what, if anything, could have prevented the accident. The details of this apparent drowning are not yet known, but homeowners can take steps to improve the safety of residential pools.

Safety fences are recommended as a way to protect small children and others from falling into pools; in some situations they are required by law. In Arizona, residential pools are required to have fences when a child under 6 years old lives at the house. Typically, the fence must enclose the pool area, be at least 5 feet high and meet other specifications. The specific rules may vary by city.

To further protect children, the Arizona Department of Health Services recommends that children not be left alone in a pool area, and that they be supervised even when they have had swimming lessons and flotation devices are available. Lessons and life jackets are not substitutes for supervision. Among other recommendations, the agency urges homeowners not to prop gates open and to check gate locks and latches regularly.

Source: Arizona Department of Health Services, Residential Pool Safety Notice; The Associated Press, "Deputies: Ariz. girl, 3, died in likely drowning," May 5, 2013

Study: Misdiagnoses are more common than surgical errors

2013-05-04T16:51:00Z

Botched surgeries frequently make the news. Wrong-limb amputations, objects left in the body after surgery and other surgical mistakes grab headlines and lead to new procedures to make sure that patients are safe. A new study, however, found that surgical errors are not the most common or the most dangerous mistakes that doctors make. Missed diagnoses and misdiagnoses are more frequent and more harmful reasons for medical malpractice claims.

Researchers combed through information in a national database of medical malpractice claims. They found that diagnostic mistakes were the most common reason for medical malpractice payouts. Delayed or incorrect diagnoses were the costliest claims and were the most likely to cause a patient's death than surgical errors or medication mistakes, researchers found. Of diagnostic errors, missed diagnoses were more common than delayed or incorrect diagnoses.

]]> The results of the study show that efforts to reduce medical mistakes may need to shift focus. During the past decade, hospitals and medical professionals have worked on ways to reduce surgical and prescription errors. While reducing these types of errors is important, reducing the multitude of preventable diagnostic errors is even more critical. A research says that surgical and prescription mistakes are not as big of a public health burden as diagnostic errors are.

Unfortunately, diagnostic errors are less objective and harder to catch than surgical mistakes.The lead researcher on the study says that the U.S. needs to start measuring and tracking missed diagnoses and misdiagnoses and conduct research to improve practices at clinics and hospitals. More transparency and public reporting of these errors are needed, the researcher says.

Source: Source: Time, "Diagnostic Errors Are the Most Common Type of Medical Mistake," Alexandra Sifferlin, April 24, 2013
• Our law firm handles medical malpractice claims from missed diagnoses. For more information, visit our Phoenix misdiagnosis page.

Family awarded $7.7 million after woman's death from restraints

2013-05-02T16:51:00Z

A jury recently awarded the family of a vulnerable adult who died when her caregivers restrained her significantly more money than they requested. The woman's family filed a wrongful death claim after the 2010 incident, seeking $5 million in damages. After a recent trial, jurors deliberated five days before awarding the family $7.7 million.

The woman, 33, had developmental disabilities and schizophrenia. She had lived in a state institution for five years before moving into her own apartment. To allow the woman to live independently, a team of caregivers assisted her. The woman became upset after a caregiver took a photo of her. She went into her room, and because she had a history of hurting herself, the caregivers followed her.

]]> The family's attorney said the caregivers restrained the woman in a dangerous position. They were not trained in CPR and did not perform it when the woman stopped breathing. The company that employed the caregivers said the woman died of a heart condition that was exacerbated by prescription medications and her excitement. Jurors, however, rejected that explanation.

The woman's story highlights the potential dangers of using restraints againts people with disabilities. According to a disability advocates organization, the use of restraints is intrusive and dangerous for a vulnerable adult's well being. But the organization, which studied 61 deaths from the use of restraints, said that they continue to be used despite well-known dangers. The people who died from the use of restraints ranged in age from 9 to 95 years old and, like the woman in this case, many had mental disorders such as schizophrenia. Nearly all had medical conditions.

Sources: Equip for Equality, National Review of Restraint Related Deaths of Children and Adults with Disabilities: The Lethal Consequences of Restraint; The Tribune, "Jury awards parents of dead woman $7.7 million in wrongful death case," Patrick S. Pemberton, April 19, 2013

Our law firm handles wrongful death cases relating to abuse and neglect in group homes and other settings for vulnerable adults. For more information, visit our Phoenix wrongful death page.

Estate sues after nursing home resident dies following escape

2013-04-25T13:03:43Z

Nursing home residents do not always remain where they should be. Some residents, especially those with cognitive impairments, may wander off. Called elopement, these escapes from the facility can be dangerous or life-threatening to the nursing home resident. In one recent case, the estate of a woman has filed a wrongful death suit against a nursing home that allowed the 84-year-old woman to walk out of the facility unattended.

According to the lawsuit, there was one assistant supervising about 30 residents. The woman slipped out of her room between 4 a.m. and 6 a.m. The facility notified police at about 6:30 a.m. By then, it was too late. The woman was found, but died of hypothermia. According to the lawsuit, the woman had injured her knees, arms, head and other body parts. The lawsuit claims the nursing home was negligent and that it did not provide the medical treatment, nursing care and other services that the woman needed.

]]> The assistant and nursing home have already faced sanctions for the incident. The assistant on duty that night was fired and pleaded guilty to a misdemeanor elder abuse charge. The Department of Health in the state where the events took place cited the nursing home, finding that the conditions the night the woman wandered off were dangerous for residents.

Elopement is a known problem for many residents of nursing homes. That's why nursing homes are required to provide adequate supervision so that residents do not escape. In this case, if the nursing home had provided that supervision, the woman may not have escaped and died.

Source: The Vindicator, "Estate of woman who died at nursing home sues," April 11, 2013

Our law firm handles cases like this. For more information, visit ourPhoenix nursing home neglectpage.

After three trials, jury awards $130 million for birth injury

2013-04-23T13:13:13Z

After three trials and a rejected settlement that was mocked in the press, the family of a 10-year-old girl with brain damage from a birth injury was awarded a $130 million judgment against the hospital where she was born. The mother of the girl told her lawyer that the family's agony has ended because they know the girl will be protected for life.

The birth injury case played out dramatically in the courts. The hospital originally offered an $8 million settlement for the girl's damages. The family members' lawyer persuaded them to take the case to trial. He lost in what seemed at the time a stunning defeat. A lawyer for the hospital even mocked the family's lawyer in the press, saying he'd never heard of an attorney turning down an $8 million settlement and then losing at trial. The lawyer, however, did not give up.

]]> An appellate court in the family's state reversed the first verdict in 2011. Last year, they took the case to trial again. The result was a hung jury, which means the case ended with a mistrial after jurors could not agree on a verdict after an extended period of discussion. A hung jury may be retried, which is what the family did. In the third trial, jurors found that the hospital was liable for the girl's injuries, and awarded $130 million.

The family's attorney says he feels vindicated by the verdict, especially after the attention the case received after he rejected the $8 million settlement. In any medical malpractice case, deciding whether to accept a settlement or press forward to a trial can be difficult. It's one of many reasons why working with an experienced, knowledgeable attorney is important.

Source: New York Post, "This lawyer turned down $8M... and got them $130M," Julia Marsh and Bob Fredericks, April 18, 2013

Our law firm handles medical malpractice cases in Phoenix. For more information, visit our birth injuries page.

More than 130 nursing home residents evacuated after explosion

2013-04-19T00:11:04Z

In recent months, Hurricane Sandy and other disasters have brought attention to the issue of whether nursing homes have adequate plans to evacuate residents in emergencies. Recently, more than 130 residents of a nursing home had to be evacuated due to a fire at a nearby fertilizer plant.

Before the evacuation had been completed, the fertilizer plant exploded, severely damaging the nursing home. A worker who was wheeling residents out of the building when the explosion happened said the ceilings fell, windows broke and debris scattered everywhere. Another rescuer said that nursing home residents were covered in Sheetrock.

]]> The worker helped move debris to remove residents who were still inside the building. They took residents through broken windows by placing mattresses across the windows to prevent them from getting cut. A nursing home board member said that all residents were successfully moved to another location.

The evacuation may bring to mind mass evacuations of thousands of nursing home residents after Hurricane Sandy struck the East Coast last year. The homes were criticized after serious problems with those evacuations were reported.

Last year, a report from the federal government found that while many nursing homes met federal requirements for emergency planning, nursing homes had troubling gaps in their preparedness. For example, nursing homes had challenges with unreliable transportation contract and a lack of collaboration with local emergency management. If your loved one is in a nursing home or is considering one, it may be advisable to find out what plans the facility has in place for emergencies.

Sources: Department of Health and Human Services, Gaps Continue to Exist in Nursing Home Emergency Preparedness and Response During Disasters: 2007-2010, OEI-06-09-00270, April 2012; NBC News, "'Chaotic' scene at nursing home devastated by Texas fertilizer blast," Matthew DuLuca, April 18, 2013

Our law firm handles cases involving nursing home negligence. For more information, visit ourPhoenix nursing home neglectpage.

FDA receives more reports of accidents involving surgical robots

2013-04-16T20:56:02Z

Robots are an increasingly common companion in the operating room. Advocates of using robots during surgery say that patients may have less bleeding and be discharged from the hospital more quickly than with other kinds of surgery. Even with the assistance of machines, however, surgical errors can happen.

The Food and Drug Administration is investigating whether one type of robotic surgical device is as beneficial as claimed. The robot is named da Vinci and has multiple arms to assist doctors during surgery. With a million dollar price tag, the robot is expensive, but it's growing in popularity. Doctors performed 367,000 surgeries using the robot last year, the maker says. In 2008, there were 114,000 surgeries.

]]> As the popularity grows, an increasing number of potential problems and surgical errors have been reported. In one case, a woman died when a robot controlled by a surgeon hit a blood vessel. In another case, a man died after spleen surgery.

There are also some instances in which the robot may have malfunctioned. Earlier this year, a robotic arm grasped tissue during colorectal surgery and did not let go until the hospital shut the system entirely. In another case, a doctor switched to an open surgery after a robotic arm hit a patient in the face. It was unclear whether the patient was injured.

The FDA is surveying surgeons who use the robotic system. Although the surveys are done regularly, an FDA spokeswoman says this round was spurred by an increase in the number of reports about the robot. The company that makes the robotic system said the robot has an excellent safety record and that an increase may be due to changes in their reporting system.

Source: CBS News, "FDA eyes increase in freak accidents during robotic surgeries," April 9, 2013

Woman receives $813,000 after pneumonia is misdiagnosed as cancer

2013-04-11T14:37:38Z

In 2004, a woman went to the doctor and received terrible news. The long-time physician said the woman had terminal cancer. Fortunately, the doctor had misdiagnosed her illness; the woman actually had pneumonia. But by the time the wrong diagnosis was discovered, the woman had suffered severe damage.

Recently a jury awarded the woman $813,000 for the harm she suffered as a result of the misdiagnosed illness. She alleged that the doctor did not appropriately examine her before diagnosing her with terminal cancer. She lapsed into a coma as the result of her pneumonia and later had to have her left foot amputated.

]]> This woman's case is unusual because misdiagnosis cases often involve illnesses that are misdiagnosed as a less serious condition. It's also unusual for the length of time-nine years - that the woman's case took to conclude.

The case originally went to trial in 2008. After a jury had reached its decision, the judge declared a mistrial after learning that jurors had made potentially racist comments about the woman's attorney. Recently, the case went to trial for the second time, resulting in the verdict for the woman. Her attorney says that while justice for the woman was delayed, it wasn't denied in the end.

While most medical malpractice cases may not require two trials and nine years for resolution, they can take months or years to resolve. This is one reason that it's important for people who have been harmed or lost loved ones to medical malpractice to choose a Phoenix personal injury attorney who has the resources and dedication to work with them from start to finish.

Source: The Spokane Spokesman-Review, "Suit against doctor yields $813,000," Thomas Clouse, March 29, 2013

Researchers: Take people with dementia off antipsychotics

2013-04-09T14:15:24Z

People with dementia can display difficult behavior. As part of a treatment plan, nursing homes often place residents with Alzheimer's disease or other dementias on antipsychotics. But these drugs are not meant for most people with dementia; they're intended to help with symptoms of diseases such as schizophrenia. Research groups and advocacy organizations are calling for most residents to be taken off these medications.

In one recent study, a research group examined what happens when dementia patients are taken off antipsychotics. The answer is reassuring: Nothing. The group examined nine trials that tracked what happened when 606 participants with dementia were taken off antipsychotic medications. Researchers found that people with behavioral symptoms of dementia, such as agitation, delusions, depression and aggression can generally safely be taken off antipsychotics.

]]> The results showed that nursing homes can stop giving antipsychotic drugs without a relapse of dementia-related behaviors or neuropsychiatric symptoms. One potential exception is older people who had more severe neuropsychiatric symptoms before they were placed on the drugs. For others, stopping the medication had few bad effects and could improve the residents' ability to speak and communicate.

As a result, the researchers are recommending that most residents stop taking these medications. That message goes along with recommendations from the Centers for Medicare and Medicaid Services (CMS) and other groups. CMS set a goal to reduce the use of the drugs for dementia by 15 percent last year. It does not appear that nursing homes met that goal.

Source: McNight's Long-Term Care News & & Assisted Living, "Nursing home residents with dementia can be taken off antipsychotics without behavioral consequences, researchers say," Tim Mullaney, April 1, 2013

Our law firm represents people who are victims of nursing home abuse, including abuse through antipsychotics or other chemical restraints. For more information, visit our Phoenix nursing home abuse page.

HIV tests urged for thousands of patients at dirty dentist office

2013-04-04T14:01:49Z

A dentist may face criminal charges after allegations that his clinics operated with unsafe and unsanitary conditions. The dental health board in the state where he practices described him as a health menace.

The dentist, who has previously been sued for medical malpractice, is accused of maintaining two sets of equipment. One was for patients that had infectious diseases and the other was for patients that did not. The equipment used on the patients with infections was cleaned with bleach. This made them become rusty and porous and made them difficult to sterilize later.

]]> The situation was serious enough that 7,000 patients of the clinic received letters that recommended they be screened for hepatitis and HIV. The county health department set up a free clinic for former patients to be tested. As a result of the allegations, the head of the dental board said her office would like prosecutors to file criminal charges. She met with the local prosecutor to discuss the matter.

The allegations raise an important point. In addition to the prospect of criminal charges, patients who were harmed by unsanitary practices at the dentist's office may be able to hold the dentist accountable through medical malpractice claims. Sometimes people think of medical malpractice as being a claim against a medical doctor or hospital, but dentists and other medical professionals are also subject to medical malpractice claims when they provide substandard care.

Source: CBS News, "Medical board wants criminal charges against Okla. dentist," April 1, 2013

Our law firm handles medical malpractice claims. For more information, visit our Phoenix medical malpractice page.

Boy makes unusual recovery from serious spinal cord injury

2013-04-02T14:02:13Z

Statistically, a 4-year-old Arizona boy should not be here. More than two years ago, the boy suffered a severe injury in a car accident that happened when another vehicle slammed into his mother's car. More than 95 percent of people die after suffering the injury, called an internal decapitation. If people do survive, they often have some type of paralysis.

But this boy is alive and well after the accident, which caused his skull to detach from his spine. A doctor at a Phoenix hospital was able to save the boy's life through a surgery that was perfected at his hospital. Even if performed successfully, the spinal injury surgery has a low success rate.

]]> In this case, the boy survived, is not paralyzed, and is able to walk and move around. Recently, the Phoenix Suns basketball team honored the boy and his doctor at a game. They named the doctor and patient co-captains before the game started. Previously, the boy was honored for his remarkable recovery by throwing out the first pitch at an Arizona Diamondbacks baseball game.

A recovery like the boys' is so rare that there aren't even statistics for it. Injuries from car crashes and other serious accidents may include paralysis, brain injuries and other severe and potentially permanent injuries.

These injuries have lengthy recovery times and usually result in significant medical costs, lost wages and other expenses. Fortunately, this boys' recovery was better than anyone expected. "It's incredible," the boys' father says. "It's incredible."

Source: Fox 10 News, "Boy who recovered from near-fatal spinal injury honored by Suns team," March 29, 2013

Hospice companies agree to pay $12 million over claims dispute

2013-03-28T14:02:09Z

Two Arizona hospice companies have agreed to pay $12 million to settle an accusation that they submitted false Medicare claims for patients. A former employee had alleged that workers at the hospice filed claims between 2002 and 2010 for care that was unnecessary or for residents who were ineligible for the claims.

Lawsuits and settlements for false Medicare claims involving nursing homes, hospice companies and other medical providers often focus on money. But providing residents of nursing homes or people in hospice care with unnecessary services or other allegations that result in False Claim Act can be more than a financial issue. In some cases, it could lead to substandard care that could be considered nursing home abuse.

]]> Often, allegations of nursing home abuse or neglect involve injuries that lack an explanation, neglect that leads to bed sores, assaults, sexual abuse and other issues. But diagnostic tests and treatments and other unnecessary care could also be harmful to patients' physical health.

In this case, the hospice providers did not admit to wrongdoing. They also said that most of the claims were old and happened before the current company took over in 2004, and that they elected to settle the matter rather than to challenge what they referred to as the interpretation of old documentation.

The hospice provider in question provides patients to about 30,000 people in Arizona, including some residents at skilled nursing facilities.

Source: McKnight's, Arizona hospice companies agree to $12 million settlement in false billing whistleblower case, Tim Mullaney, March 25, 3013