Medical Malpractice Attorneys: Wisconsin Attempts to Limit Evidence

A bill is currently working its way through the Wisconsin Legislature that would limit the admissibility of certain types of evidence in medical malpractice cases. Medical malpractice attorneys believe that this bill, which is part of a larger tort reform plan, may be over reaching. The new law would not allow courts to consider an apology, expression of condolence, or expression of responsibility by nurses, doctors, or other healthcare providers as evidence of malpractice. The Two Debating Sides Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became … [Read more...]

Medical Malpractice Attorneys: Negligent Prescription of Contraceptive

Michelle Parmeter, of Ogdensburg New York, filed a medical negligence lawsuit in the NY Supreme Court against a hospital, a doctor, and a physician’s assistant. Parmeter’s medical malpractice attorneys filed the action claiming that the assistant and doctor negligently prescribed the woman an oral contraceptive. The defendants are Claxton-Hepburn Medical Center, Mr. Scott D. Beeles (physician’s assistant), and Dr. William Baerthlein. Parmeter was a patient throughout 2009 and now seeks compensation for her injuries. Woman Loses Part of Her Arm According to the woman’s medical malpractice attorneys, Beeles failed to recognize that she … [Read more...]

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits. A Change in the Protocol of Experts It was very difficult for medical malpractice attorneys to … [Read more...]

Medical Malpractice Attorneys Prevail 13 Years after Child’s Death

Way back in 1998, Anna Gloria Rivera was ten years old and had her entire life ahead of her. Medical malpractice attorneys believe things turned tragic when she was rushed to Woodhull Hospital, in Brooklyn, New York following a severe asthma attack. Prior to asking the young girl’s mother for a medical history or providing a muscle relaxant, sedative, or any sort of pain medication, the treating doctor hooked the girl up to a respirator. The doctor elected to set the ventilator machine at 40 breaths per minute, a clear case of medical malpractice since the protocol for a child of Anna Gloria’s age is around 8 to 10 breaths. Death Follows … [Read more...]

Medical Malpractice Attorneys: Jackson Litigation Just Beginning

Michael Jackson’s former doctor, Conrad Murray, was found guilty in a criminal courtroom for the death of the former pop icon. However, the litigation surrounding the death of Michael Jackson’s death is just now getting underway. Medical malpractice attorneys will now fight in civil courtrooms for money damages caused by the negligence of the doctor. The guilty verdict set down by a Los Angeles jury has not settled any of the potential civil liability that could still face Murray. Joe Jackson, and the Jackson family, will now seek another verdict before a new host of jurors. Civil Lawsuit for Jackson’s Wrongful Death Brian Oxman is the … [Read more...]

Medical Malpractice Attorneys File Lawsuit Related to Robot

The plaintiff, Jennifer Silvestrini, filed a medical malpractice lawsuit at the end of September in Orleans Parish Civil District Court against the defendants, Intuitive Surgical Systems Inc. and University Healthcare Systems, also known as Tulane University Hospital and Clinic. The defendants elected to remove the case to New Orleans federal court in late October. Medical malpractice attorneys claim that a robotic surgical procedure failed during Silvestrini’s neck surgery. Malfunction of Robot Occurs during Surgery The plaintiff was scheduled for a robotic trans-axillary total thyroidectomy which was set to be performed by Dr. Emad … [Read more...]

Medical Malpractice Attorneys Discuss the Force of Lawsuits

Professional malpractice typically refers to negligence by a professional and it has been applied to many professions such as engineers, art experts, social workers, and pilots. However, it’s most common application is with healthcare providers such as doctors, nurses, surgeons, etc. A lawsuit involving a single patient and a single healthcare provider may have a narrow impact on society, meaning it may only have consequential value to the parties involved. The litigation process will determine how an injured patient will be compensated but medical malpractice attorneys have also found that the outcome of a lawsuit may mold how the … [Read more...]

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 Lawyers Support FDA Surgical Fire-Safety Initiative

Medical malpractice attorneys represent patients each year that suffer the often lasting effects of surgical fires. Sometimes, they represent the family members of patients who did not live through the harrowing tragedy. It is important to discuss with your surgeon the risks and dangers associated with surgical room fires. Operating Room Fires Rare but Relevant Dr. Nancy Perrier speaks of her first encounter with an operating room blaze; “The flames were at least 6 to 8 feet high and the correct actions were unknown to everyone in the operating room. The patient survived the operation, but died about 30 days later from complications of a … [Read more...]

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these … [Read more...]