Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand. Woman Awarded $23 Million in Damage Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the … [Read more...]

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with "willful and wanton" negligence. In other words, they have to purposefully and knowingly put their patients' lives in danger. A San Antonio medical malpractice lawyer, Jon Powell, commented on the "willful and wanton" standard, saying: You’d have to be a Nazi death camp guard to … [Read more...]

Arbitration Clauses Allow for Continued Nursing Home Abuse

Congress is considering the Fairness in Nursing Home Arbitration Act of 2009, which would invalidate mandatory arbitration agreements in nursing homes. This is an important law that needs to be passed in order to advance in the fight against nursing home abuse. Nursing homes make you sign a mandatory arbitration agreement when they accept your loved one for admission. Initially, nursing homes win you over with their promises of good, attentive, compassionate, and empathetic care. The last thing you are thinking about at that time is a nursing home abuse lawsuit. If, however, your family does find itself in the midst of injuries suffered … [Read more...]

FDA requires Strongest Warning Label on Nausea Drug

On Thursday September 17th the Food and Drug Administration required that the strongest warning label be placed on a nausea drug known as Phenegran. This new warning label is due to the fact that after Diane Levine took this drug through an IV push for migraine related nausea and it then led to infection and gangrene. This caused her to have to have her lower right arm amputated. She sued the drug company Wyeth claiming that the warning label was not sufficient enough to warn against the effects of this drug especially in an IV push. This case made it to the Supreme Court and won Diane 6.7 million dollars. This then led to the FDA requiring … [Read more...]