Medical Malpractice Attorneys: Paraplegic Woman Wins $7.6 Million

Plaintiff D’Knawn Hairston was awarded $7.6 million by a Sacramento Superior Court jury this week in California. The incident occurred in December of 2003 when Hairston was taken to the UC Davis Medical Center after complaining of numbness in her legs. An MRI was conducted but the doctors found her results to be normal. Medical malpractice attorneys say that over four years later, in February 2008, Hairston suffered from nearly the same symptoms but this time she was taken to Methodist Hospital. A Shocking Discovery…Years Too Late At the second hospital, doctors found an arteriovenous malformation on her thoracic spine. Professionals found … [Read more...]

Medical Malpractice Attorneys: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals.  Thirteen thousand of  those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The … [Read more...]

Medical Malpractice Attorneys: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”. When Would a Layman Recognize Medical Malpractice? Expert testimony is not necessary to prove a … [Read more...]

Medical Malpractice Attorneys: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial. The Loss of a Loved One Due to Medical Malpractice This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim … [Read more...]

Medical Malpractice Attorneys Recognize Loss of Life’s Pleasures

In a recent trend, some courts across the United States of America have begun recognizing “hedonic damages.” Hedonic damages refer to a plaintiff’s loss of the ability to engage in activities that he or she enjoys. Traditionally, there could be no award and recovery for the loss of life’s pleasures but in some states, this trend is coming to an end. As of 2006, the supreme courts of Connecticut, Maryland, New Hampshire, New Mexico, South Carolina, Washington, and Wyoming have all allowed medical malpractice attorneys to make separate claims for these types of damages. The Importance of Doing What You Love Lawyers believe that hedonic … [Read more...]

Medical Malpractice Attorneys Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive … [Read more...]

Medical Malpractice Could Be Avoided With Surgical Checklists

A recent study led by Eefjie de Vries and a team at the Academic Medical Center in Amsterdam found that medical malpractice that occured between 2004 and 2005 could have been thwarted by the use of simple checklist. The Importance of Surgical Checklists Several hospitals in the Netherlands use a checklist called SURPASS to assure that all the proper steps have been taken before a patient goes under the knife. Steps on the list include the confirmation of vital aspects of surgery such as the operating schedule, equipment availability, and surgical site. De Vries and his team found that of all of the medical errors that occured between … [Read more...]

Medical Malpractice Leads to Birth Injury in New Jersey

Just last month, a New Jersey jury delivered a $450,000 verdict in a medical malpractice case to the parents of a little girl who suffered a birth injury that resulted in Erb's Palsy. Medical Malpractice Attorneys Warn Against Shoulder Dystocia A previous Mininno Law Office blog post (Birth Injuries Caused By Shoulder Dystocia) described the effects of Shoulder Dystocia during birth. Shoulder Dystocia is a very avoidable birth injury that can lead to Klumpke Paralysis, Erb's Palsy, or fetal hypoxia. The New Jersey case involved Shoulder Dystocia during child birth that lead to the tearing of the brachial plexis (a series of nerves … [Read more...]

Medical Malpractice Caps Proposed in Florida

A legislative proposal made in Florida last week suggests a cap on payments made to patients who are insured by medicare and injured by medical malpractice. The cap would be $100,000 and has been referred to by many as "immunity" for negligent doctors. Medical Malpractice Attorneys Protect Medicare Patients The proposed legislation would deem doctors treating medicare patients "agents of the state," awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as … [Read more...]

Medical Malpractice Attorney’s Victory Upheld

An Ohio judge refused to order a new medical malpractice trial at the behest of defense attorneys this past Wednesday in the case of 10 year-old Haley Cobb. Medical Malpractice Attorneys Get Birth Injury Victory Haley Cobb was diagnosed with cerebral palsy shortly after her vaginal birth. Upon further investigation, it was determined that the doctor, Dr. Tara Shipman, should have performed a c-section. Failure to do so caused oxygen deprivation to Haley's brain, and led to cerebral palsy. A 15 day trial in October won Haley's parents, Okey and Debra Cobb, $13.9 million dollars. Also enforced was a $6.5 million dollar settlement the Cobb's … [Read more...]