Army soldier, Staff Sgt. Adam Cloer, reached a settlement with the federal government in a medical malpractice lawsuit that led to the death of his wife, Melodee Cloer. The settlement was worth $2.15 million, which was paid because a military hospital in Fort Campbell, Kentucky failed to properly diagnose and treat Melodee. Medical malpractice attorneys say that this negligence led to her death in 2010 due to rectal cancer. United States District Court Judge John Nixon approved the settlement which would put an end to the lawsuit against the medical staff at Blanchfield Army Community Hospital(BACH).
Medical Negligence Claims the Life of a 53 Year Old Woman
Melodee first began experiencing symptoms, such as pain, blood in her stool, and constipation in 2006. After multiple hospital visits, medical professionals diagnosed her with hemorrhoids. It was recommended that the hospital perform a colonoscopy, but the hospital failed to follow up on that procedure or provide any screenings for rectal cancer. Professionals say that the following year, in 2007, Adam Cloer was transferred to Fort Leonard Wood in Missouri, where his wife would learn that the cancer had spread to her lymph nodes because it was not treated in a timely manner. Melodee underwent chemotherapy, radiation, and numerous surgeries to remove her organs, all of which proved to be of no avail. The medical malpractice attorneys working the case stated,
“Had BACH health care providers diagnosed and treated Ms. Cloer’s cancer at any time from the start of her rectal cancer symptoms in early 2006 through the end of 2006, then more likely than not, Ms. Cloer’s cancer would have been curable; her multiple and painful surgeries requiring removal of some of her organs would have been avoided; and she would be alive today.”
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member has 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.
The doctors have been provided a sixty day window to edit and review their online profiles before they become accessible to the public. If doctors provide false information, and mislead potential healthcare consumers, lawyers believe that they will be subject to different forms of discipline. Other information that will be included in these profiles includes the medical schools they attended, specialty board certification, number of years in practice, location of practice, and whether or not the doctor participates in Medicaid.
The county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.
Justice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.
Stage IV bed sores are horrifying wounds that cause incredible damage to the health of a person. If you or your loved one has a Stage IV bed sore that is currently not being treated, it needs to be treated immediately for the health and safety of the patient. Unfortunately, Stage IV bed sores start off as Stage I bed sores, as discussed in previous blog posts, which are entirely preventable by attentive medical professionals.
Following a car accident, Wyoming Newman went to visit Dr. Chavis, a neurosurgeon. The woman had an initial MRI and attorneys say that she was then sent to Dr. Erwin Lo, who performed spinal surgery on Newman in early 2009. According to the plaintiff’s complaint, the doctor failed to interpret the MRI results properly and instead of following Chavis’ recommendations, he performed a corpectomy. That procedure involves the removal of a portion of the vertebral body. When Newman woke up, she had no feeling in her legs and her arms felt extremely weak. A woman who sought medical attention for a car accident years earlier was left a quadriplegic about two years later. Newman is a tragic victim whose life will be forever changed due to medical negligence. Professionals say that these sorts of devastating cases occur far too often in operating rooms around the country. Although liability will be decided in a courtroom by a jury of these parties’ peers, Newman will not be able to walk out of that courtroom.
Stage III bed sores are incredibly serious and need immediate attention, as healing bed sores that progress past Stage II is extremely difficult. A stage III bed sore will display skin loss involving damage or death to the subcutaneous tissue that may extend to the connective tissue. The wound will look like a deep crater which is black around its edges. Subcutaneous fat may be visible, but bone, tendon, or muscle is not. There may be tunneling and undermining in the skin.
Those anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?