Medical malpractice attorneys have filed a lawsuit in Nebraska, in the Douglas County District Court, following a case of medical malpractice which led to the death of a two year old. Almariah Izabel Duque was approaching two years of age when her life came to an abrupt end. The young girl was given ten times the recommended dose of heparin as she was undergoing kidney dialysis. We have unfortunately found that this type of tragic occurrence is not uncommon in the medical world today.
Family Seeking Damages for Their Little Girl’s Death
The Duques brought their baby girl to Nebraska for a transplant after she was born with congenital defects. Almariah received a pancreas, liver, and small bowel transplant in late December of 2009. She was discharged from the hospital a few months later but quickly returned as she developed an infection.
The infection caused her kidneys to shut down, requiring her to undergo dialysis. The problem arose when the pump, used to disperse heparin, malfunctioned. The young child was given nearly ten times the proper dose. The mistake was not discovered for five hours and it caused severe bleeding in Almariah’s brain. The young girl passed away two short days later. The parents of the girl have filed a lawsuit seeking money damages for Almariah’s wrongful death, her suffering while she was living, and their emotional distress over losing their young child.
We also believe that the family will challenge the constitutionality of a state law which caps the maximum medical malpractice verdict award at $1.75 million. This issue has been litigated before, and in 2003, four judges left the door open for a challenge of this law because it may infringe on the right to due process.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Sometimes parents ask what caused their baby to develop a cleft palate. In many cases the answer is extremely difficult, if not impossible, to say. There are many different environmental factors that can lead to the development of a cleft palate. However, in some cases, there may a clear indication of what caused the cleft palate. For example, the FDA 
After the
Juries frequently award plaintiffs both economic and non-economic compensatory damages. Medical malpractice attorneys explain economic damages as monies awarded to cover financial losses such as medical expenses, care expenses, and lost wages. Economic damages are frequently used to cover both the past and the future. Individuals who, because of negligence, can no longer work are entitled money damages for the time that they have already missed as well as future absence from their job. Medical malpractice attorneys explain non-economic damages as money that has been assessed for the injury itself. The types of recovery for non-economic damages are somewhat endless. Examples of these damages include psychological and physical harm, loss of enjoyment of life, loss of consortium, emotional distress, and many others. Finally, punitive damages are used to “teach the defendant a lesson,” and they are generally utilized in the case of some sort of wanton or reckless conduct.
It is now possible for medical practitioners to discover, before your child is born, if a
During discovery, each party will conduct interrogatories, depositions, and file many requests for documents, in an effort to get to the bottom of the controversy. The plaintiff is required to prove each and every element of negligence (by a preponderance of evidence in civil court) in order to prevail in his or her medical malpractice claim. The first element is that the defendant (the physician, nurse, or hospital) owed a duty to the patient, such as caring for them or providing treatment.
Most of the time, drug side effects are published when the drug is released so that doctors and patients can consider them. However, some drugs, like Topamax, have had significant side effects discovered after they had been on the market for a considerable amount of time. It has recently been
It is also important to let the teacher know that your child may have hearing issues tied to the cleft palate, which should be considered if the teacher believes the child isn’t listening. Lastly, try to encourage the teacher to maintain an open line of communication, as the first years of school are most likely going to shape your child’s self-image strongly, and it should be as positive as possible. Teachers are generally compassionate people, so adding your child’s teacher to your care-team along side your doctors, birth defects attorneys, and other professionals is a great idea.
Babies that are born with a cleft palate are more likely than other children to frequently suffer from ear infections. The cleft palate contributes to a buildup of fluid in the middle ear, and if this becomes infected, the baby can develop a fever and an earache. Unfortunately this buildup can also cause moderate hearing loss. This hearing loss, if treated properly, need not be permanent. It is recommended that the child have their ears checked yearly so that if fluid is detected, it can be treated with the appropriate medicine or minor surgical procedures. This may seem daunting on top of all of the other responsibilities a parent of a child with a cleft palate birth defect may face, but it is possible that experienced