The country’s largest metropolitan area, New York City, was home to an enormous amount of medical malpractice lawsuits stemming from the actions of healthcare providers at public hospitals. Medical malpractice attorneys point out that much of the money paid out in damages came directly from taxpayers. Due to the negligence and malpractice of healthcare providers, 246 cases were completed in 2011 and the damage amounts are startling. The total number of payouts in New York City was up 5% to $135 million, $7 million more than the 2010 totals.
Two Shocking Cases from 2011
First, Damian Saul, 43, suffered a massive stroke while he waited for hours to see a physician at a city hospital. Upon his arrival, Saul informed a nurse that he was having trouble with his sight in one eye. This should have been recognized by the nurse as an initial sign of a stroke. The ensuing stroke left him almost completely paralyzed and he was unable to speak clearly. His medical malpractice attorneys reached a settlement of $5.5 million. His medical malpractice attorneyswere quoted as saying,
“they did nothing, whoever was doing the triage was incompetent, they just weren’t listening to him.”
Next, a 38 year old woman, who wished to remain anonymous, went to see a dentist to have her abscess drained. Unfortunately, her physician allowed her to be discharged from the hospital before requesting a culture test of the infected tissue. Had this test been requested, he would have recognized she suffered from an infection known as MRSA. Today, that cheek infection has led to her paralysis. The woman’s attorney, Sam Rosmarin, stated,
“The tragedy here is that this could have been avoided. Her complete dependence on others as a result of someone’s negligence is a horribly unfair existence.”
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 medical malpractice attorneys. 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.
Jeffers’ family agreed to a settlement with Methodist Hospital and emergency room workers in the amount of $10 million. Medical malpractice attorneys believe that $9 million will come from the hospital while the remainder will be paid by Emergency Physicians Medical Group of Sacramento, resulting in one of the largest awards in California history. Some of the money will go towards current expenses and the remainder will be given to young Malyia, beginning in 2026 on her 18th birthday, at $16,000 per month. Although California has a damage cap in place at a quarter of a million dollars, this only limits damages related to “pain and suffering”. Medical malpractice attorneys believe that this settlement was properly designed to avoid the cap and attribute the amounts of money to different types of damages. Hopefully, this amount of money will help the young girl adapt to her new life after this devastating case of malpractice and will allow her to lead a normal life.
After a state Health Department investigation, a Minnesota nursing home is being held responsible for the death of 82-year-old Keith H. Johnson. The nursing home served Johnson a tuna sandwich on December 13, 2010 which was in violation of his doctor’s orders to only eat pureed food because of his history of eating too fast and choking. The man, who suffered from Alzheimer’s, was then left unsupervised and began to choke on the sandwich. An employee noticed that he was trying to cough and then became unresponsive and was not breathing. There were two failed Heimlich maneuver attempts to restore his breathing before Johnson was taken to the hospital. He died six days later from lack of oxygen to his brain and cardiac arrest.
At the end of October the police went to the son of 74-year-old Carol Brown’s home to find her unresponsive and living in deplorable conditions. The paramedics rushed Brown to the hospital but she died several days later. According to the officers who entered the home, they described Brown as “a rotting corpse that was still breathing.” The rescue crews had to pry her from the leather recliner because her legs had become fused to the chair. Court documents also revealed that she was sitting in her own bodily fluids and waste with a swollen ankle wound with maggots inside. According to Brown’s daughter Laura Sanders, the doctors told her “There were sores on her back the size of a man’s fist.”
Medical malpractice attorneys have traditionally believed that the use of electronic medical records would actually decrease the number of medical mistakes and other prescription errors. With the increase in technology, medical malpractice attorneys thought that doctors and nurses would be better equipped to avoid preventable mistakes and injuries and reduce the potential for civil lawsuits. It is easy to see why people thought that better technology would help healthcare providers avoid unnecessary medical malpractice. Doctors, who are notorious for poor handwriting, would not have the same problems communicating data to others in patient charts, the equipment could monitor drug prescriptions to avoid dangerous mixtures, and hospital workers could be alerted easily of particular patient conditions without the hassle of digging through charts. However, many studies are now showing that the expected benefits of the new healthcare technology are not coming to fruition as fast as expected, if at all. The Institute of Medicine has also highlighted numerous dangers that could lead to malpractice and cause patients severe injuries. The report stated “although the magnitude of the risk associated with health IT is not known, some examples illustrate the concerns. . . Dosing errors, failure to detect life-threatening illnesses, and delaying treatment due to poor human-computer interactions or loss of data have led to serious injury and death.”
Peggy Ballinger, a 55-year-old former care provider at the Alois Alzheimer Center, is facing charges after being accused of stealing pain medications from her Alzheimer’s patients. She is being charged with 
Brian Watt, a 29-year-old sex offender and former certified nursing assistant at the facility, was arrested on September 9. He was charged with 
Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became more expanded, she elected to vote against the bill. Pasch, a nurse, was quoted as saying,