Brent Adams & Associates Legal Blog

Woman Claims She Became Quadriplegic After Surgery

A woman who became quadriplegic claims the disabling personal injuries that caused her to lose feeling in her arms and legs occurred because of surgery she underwent at a hospital in Mount Vernon, Illinois.

 

According to suit she filed against Good Samaritan Hospital, Dr. Waqqas Kahn, and Dr. Kevin Claffey on July 8 in Illinois’ Madison County Circuit Court, E. Marlene Summers visited the hospital at the advice of Kahn, her doctor, for the installation of a trial dorsal column stimulator, a device that stimulates nerves by tiny electrical impulses. The complaint says the device is typically implanted in people with chronic and severe pain.

 

But the suit claims that before and after the device was implanted by Kahn and Claffey on September 26, 2008, they did not prescribe any antibiotics for Summers.

 

On October 1, 2008, Summers returned to the hospital for an infection around the area where the doctors had performed the surgery, according to the complaint. The stimulator was surgically removed and Summers was released from the hospital on October 14, 2008.

 

Summers again returned to the hospital on October 22, 2008 complaining of general feelings of uneasiness and fatigue, the suit says. During the following evening, doctors performed a cervical MRI on Summers, revealing osteomyelitis with an epidural abscess creating severe cranal stenosis.

 

Summers received air transport to Barnes Hospital in St. Louis, Missouri on October 24, 2008, according to the complaint. She was eventually transferred from there to a residential care facility.

 

As of her filing the suit, Summers says that she has no feeling below her chest and is unable to turn her head, though she can slightly move her arms and shoulders. The suit claims she now requires 100 percent assistance.

 

Summers claims the infection caused her to incur medical expenses and suffer permanent pain, suffering, disability, and disfigurement.

 

Summers alleges negligence on the part of the hospital and doctors for failure to perform a proper pre-operative workup, failure to order a cervical MRI, failure to administer an appropriate antibiotic regimen, allowing physicians to perform procedures when they did not have proper credentials, failure to identify her surgical abscess in a timely manner, and failure to properly treat her infection.

 

Summers seeks damages in excess of $150,000, plus costs, from the three-count suit.

Woman's Suit Blames Hospital, Doctor For Son's Death

A woman has filed suit against Charleston Area Medical Center and New Century Emergency Physicians of West Virginia alleging that they were responsible for the wrongful death of her son.

 

The suit also names Dr. John S. Bodkin III as a defendant.

 

According to the suit Reba Walls filed on April 28 in West Virginia’s Kanawha County Circuit Court, the defendants deviated from the applicable standard of care and were negligent in their care of John Anthony Tyburski Jr.

 

Walls alleges that the defendants failed to provide her son with adequate and safe care, appreciate the physiological implications of her son’s initial complaints and symptoms, timely, properly, and adequately assess her son’s condition, properly and adequately document and/or communicate her son’s initial and on-going symptoms, ensure and provide Tyburski with appropriate and timely testing, maintain a diagnostic differential, take appropriate, timely, and necessary measures to provide Tyburski with complete treatment and/or care, and otherwise timely and adequately assess, report, treat, and/or care for her son’s emergent condition.

Walls claims that Tyburski experienced physical and mental pain and suffering, severe emotional distress, and permanent scarring and incurred medical expenses prior to his death on April 7, 2008.

 

Walls seeks compensatory and punitive damages.

Family Claims Doctor Punctured Woman's Lung During Surgery

The surviving spouse and child of a deceased woman have filed suit, alleging that her death was due to the personal injury of having her lung punctured during surgery.

 

According to the suit James Martin and Connie Clause filed against Dr. Mohammed Islam in Texas’ Jefferson County District Court on May 6, Dorothy Martin was admitted to Promise Specialty Hospital of Southeast Texas on February 20, 2008. During her stay, she underwent a surgical procedure conducted by Dr. Islam to insert a right subclavian venous central line.

 

The suit says that sometime during the procedure, Dr. Islam punctured Dorothy Martin’s lung, resulting in her condition deteriorating. The suit says she was discharged from the hospital on March 5, 2008 and died two weeks later, on March 19, 2008, due to complications arising from the iatrogenic injury.

 

The suit claims that prior to her death, Dorothy Martin incurred medical expenses, experienced physical pain, mental anguish and suffering, and physical impairment. Additionally, James Martin and Connie Clause incurred funeral and burial costs and lost Dorothy Martin’s care, maintenance, support, services, advice, counsel, contributions, companionship, society and inheritance and experienced mental anguish.

 

The suit alleges negligence on the part of Dr. Islam for failure to provide proper care and treatment, failure to properly perform the elective procedure, failure to provide proper follow-up care, failure to provide proper post-surgical care, failure to use reasonable care , failure to treat Dorothy Martin’s symptoms after the unsuccessful operation, failure to thoroughly examine her in spite of repeated complaints, and failure to properly diagnose the post-surgical complications.

 

James Martin and Connie Clause seek damages within Jefferson County’s jurisdictional limits.

Assisted Living Facility Investigated by DDS

Assisted Living Facility Investigated by DDS

 

The Department of Social Services is investigating problems at a second living center in New Hanover County.

 

Just recently new residential admissions were suspended by the state. Threats were also made to shutdown GlenCare of Wilmington. DSS is recommending a Type A penalty for the Clare Bridge assisted living facility.

 

According to DSS staff lost two patients who suffer from Alzheimer’s disease and dementia. The report states a doctor visiting Clare Bridge on February 6 found a resident wandering around in the parking lot. On February 24 another resident went missing. In this incident a member of the staff saw the patient walking around outside the facility.

 

A spokesperson for Clare Bridge stated they are working with DSS to correct the problem.

 

Clare Bridge has until March 25 to make necessary corrections.

 

According to New Hanover County DSS it may be time to reform operating policies and procedures at assisted living facilities.

Wrongful Death Suit Filed Over Drainage Pipe Left In Abdomen By Doctors

The wife of a deceased man has filed suit against doctors at Saint Anthony’s Health Center and Barnes-Jewish Hospital for the fatal personal injuries they caused her husband after allegedly leaving a drainage pipe in his abdomen.

 

Mary McDonough filed suit in Illinois’ Madison County Circuit Court on February 25 against the health center, Dr. Smita V. Patil, Dr. Ronald P. Levy, Dr. Nat Levy, and Dr. James Klieforth.

 

McDonough says that her husband, Carl McDonough, came under the care of the defendants and died on February 26, 2008, after allegedly failing to treat his condition and leaving the pipe in his abdomen.

 

McDonough claims her husband’s death has caused her to experience a loss of love, companionship, society, and support and incur medical expenses.

 

McDonough seeks damages in excess of $450,000, plus costs, from the six-count suit.

7-Inch Forceps Left Inside During Routine Surgery Cause Woman Severe Pain

According to a report from The Sun, a British mother spent three months in agony from the personal injuries she suffered due to doctors leaving a 7-inch set of forceps inside her while performing a routine operation.

 

One year ago, 39-year-old Donna Bowett went in for a surgical procedure to remove her gallbladder. She was left in so much pain that she was barely able to move.

 

Bowett said that the doctors believed her to have a water infection or another gallstone. When they conducted an MRI scan at the Alexandra Hospital in Redditch, Worcestershire, the magnets began pulling the metal forceps through her skin.

 

Bowett, a mother of four, described the pain she went through as “horrendous.” She said she began crying and the doctors asked if she had anything metal on her person.

 

Bowett, who is taking legal action over the incident, finally had an X-ray at Worcestershire Hospital, where she works, and the scan revealed the forceps inside her body.

 

Bowett said she is unable to believe that “it’s happened in this day and age.” She said that she still is “not right” and believes she may have suffered damage to her internal organs.

Deceased Chapel Hill High Football Player's Family Files Suit Against Paramedic

The family of a football player for Chapel Hill High School who suffered fatal personal injuries in August 2008 has filed a wrongful death suit against the paramedic who treated him, Orange County Emergency Services, and Orange County, according to a February 6 statement from the family’s attorney.

 

On August 12, 2008, 17-year-old Atlas Fraley, a senior offensive guard and defensive tackle, was participating in a scrimmage at Middle Creek High School in Apex. Shortly before 2 p.m., he called 911 with complaints of cramps and dehydration and asked for intravenous fluids. He was treated by Paramedic James Griffin and discharged shortly after 2 p.m. Later that evening, his parents found him unresponsive in their home.

 

No definite cause of death was listed on the autopsy report, but the report said that Fraley had a history of cramping and similar symptoms, which could have combined with dehydration to result in a “fatal cardiac event or even an acute asthmatic attack.”

 

In the suit Fraley’s parents file, they claim Griffin failed to provide adequate care for their son, was in violation of proper protocol for his medical condition, and failed to attempt to contact them before leaving him home alone.

 

The suit alleges that Fraley’s death was “a direct and proximate result” of Griffin’s negligence. It claims that if Griffin had properly evaluated, treated, and provided hospital transport to Fraley, he would more than likely still be alive.

 

State officials found no reason Griffin’s paramedic credentials should be revoked, but Orange County EMS determined him to have been in violation of protocol and revoked his privileges in the county. He resigned five days later.

 

The suit cites the Orange County EMS’ report in alleging Griffin’s violation of hyperthermia treatment protocol, such as failure to take Fraley’s vitals, failure to refer him to a physician or transport him, and failure to contact his parents. The suit also says Griffin assented to the advice of an observing medical student that Fraley didn’t need an IV.

 

Fraley’s parents have asked for a trial by jury and seek damages for medical and funeral costs, Fraley’s pain and suffering, and lost companionship and services.

Man Claims Physical Therapist Injured His Arm

After being referred to Christus St. Michael Rehabilitation Hospital for physical therapy for fractured ribs, James Marshall claims he suffered an additional personal injury to his right shoulder due to the excessive and forcible manipulation of his arm by the physical therapist.

 

According to the suit Marshall filed on January 4 in the Texarkana Division of the Eastern District of Texas, the manipulation failed to conform to the accepted standard of physical therapy. He also alleges that the hospital failed in its duty to treat him without causing further injury.

 

Marshall claims medical negligence in the suit he filed against Christus Health Ark-La-Tex, doing business as Christus St. Michael Rehabilitation Hospital.

 

According to Marshall, on May 28, 2009, he was undergoing physical therapy for fractured ribs, and during the treatment, the physical therapist injured his right shoulder during an attempt to manipulate his arm.

 

Marshall alleges negligence on the part of the hospital through the violation of duty of care by its employees and failure to exercise the degree of care, skill, supervision, and diligence ordinarily possessed and used by other hospitals and physical therapists under the same or similar circumstances.

 

Marshall seeks damages in excess of $75,000 for past and future pain, suffering, mental anguish, medical care and costs, lost wages, lost earning capacity, physical scarring, and disfigurement.

Woman Files Malpractice Suit Over Failure To Timely Treat Dog Bite

A woman from Ohio has filed a malpractice suit against a Mason County hospital and one of its physicians, alleging they failed to timely treat a personal injury she suffered when she was bitten by a dog.

 

According to the suit 66-year-old Drema Ashley filed against Pleasant Valley Hospital and Dr. James Toothman in Mason Circuit Court on August 18, the doctor’s improper treatment of a dog bite wound she suffered two years ago resulted in one of her fingers requiring amputation.

 

Court records say that Ashley went to the hospital’s emergency room on August 27, 2007, seeking treatment for a dog bite she suffered to her left hand. The suit does not specify the breed of dog, or the conditions that led to the attack.

 

The suit alleges that Toothman attended to Ashley, but failed to properly treat the wound, eventually resulting in her middle finger being amputated. The suit does not specify the actions Toothman or the hospital failed to take or not take.

 

Ashley claims the actions of the doctor and the hospital caused her permanent injury including permanent disfigurement. She says this has resulted in her experiencing emotional distress, annoyance, inconvenience, lost ability to enjoy life, lost earnings, and lost earning capacity.

 

Ashley seeks unspecified damages.

Man Files Suit After Fall On Handicap Ramp

A man from Arkansas has filed suit against a convenience store, claiming that he fell and suffered personal injuries to his wrist due to the handicap ramp not being properly constructed and posing an unreasonable risk of harm.

On July 9, Martin Jay Camp filed suit against E-Z Mart Stores Inc. in Arkansas’ Washington County Circuit Court. E-Z Mart had the case removed to federal court, Fayetteville Division of the Western District of Arkansas.

According to Camp, E-Z Mart is liable for his damages because the ramp “had angled edges which were not suitable for walking upon” and “edges were marked in such a way to give customers no perception as to the actual edges of the ramp.”

The suit also claims that the likelihood of customers stepping on the edge of the ramp was increased by the fact that the ramp was located several feet to the side of E-Z Mart’s front door.

Camp says that E-Z Mart failed in its duty to repair the ramp or make the ramp reasonably safe, warn of potential dangers, and construct the ramp in a manner consistent with municipal building codes.

Camp claims the fall caused his left wrist to become seriously injured, which has caused him excruciating pain and suffering and the loss of use of his wrist.

Camp seeks damages for medical costs, lost earnings, mental anguish, and mental pain.

Suit Claims Dentist Dropped Tools Down Elderly Patient's Throat

A Florida dentist is being sued for allegedly dropping tools down the throat of an elderly patient — twice.

Relatives of 90-year-old Charles Gaal Jr. recently filed the suit in circuit court accusing Dr. Wesley Meyers of negligence. An answering message at Meyers' office in Winter Park said Saturday that he was on vacation. He did not reply to a message from The Associated Press seeking comment.

The lawsuit says the doctor dropped an "implant screwdriver tool" in 2006 and a "mini-wrench" in 2007.

The suit also says Gaal underwent several medical procedures to remove the tools but never fully recovered. He died in 2007.

Meyers was fined $17,000 by the state a year later. The dentist was found negligent in a settlement.

Suit Claims Leg Required Amputation After Fracture Went Untreated For Three Months

The wife of a patient at Highland Health Care Center has filed a personal injury suit against the center, two doctors, Mobilex USA, and Covenant Care, claiming that her husband had to have his left fractured leg amputated after it went untreated for more than two months.

According to the suit filed in Illinois’ Madison County Circuit Court on May 29 by Myrna Ambuehl, the attorney-in-fact for and wife of Roland Ambuehl, he fell from his bed and sustained a femoral fracture to his left leg on June 3, 2007.

The suit says that Ambuehl told the staff that he had been experiencing pain in his left leg and knee after the fall. Mobilex was hired by Highland on June 4, 2007 to x-ray his pelvis and left knee.

The x-rays were then sent to two staff doctors for Mobilex, defendants Donald Lanese and Elliot Wagner. The suit says both concluded the x-rays were negative for any fractures.

Ambuehl’s wife claims that over the next two weeks, he continued to complain of pain in his left knee, which had begun to swell and appear red.

The suit says that despite his complaints, Ambuehl was forced by Highland to exercise and participate in physical therapy and other physical activities for two weeks immediately following the fall.

Mobilex was asked by Highland to x-ray Ambuehl’s leg on June 21, 2007. This time the x-rays were only sent to Lanese, who once again said there were no fractures, according to the suit.

However, the suit says, Ambuehl continued to experience constant pain and increased swelling around his left knee while still participating in physical therapy. The suit says that he also suffered a diminished appetite and rapid weight loss and the knee soon became so inflamed that he was no longer able to stand or walk.

Ambuehl’s wife says that in early August, she requested than his knee be examined by an orthopedic surgeon. Instead, Highland once again hired Mobilex to x-ray his leg and sent the x-rays to Lanese, who once again said there were no fractures, according to the suit.

However, after the third report from Lanese, Ambuehl’s treating physician, Dr. Scott Halvorson, examined him and concluded that the left femur was indeed fractured, the suit says.

The suit says Halvorson consulted orthopedic surgeon Dr. Timothy Penn, who determined that the fracture was greatly displaced and that three months without treatment had caused parts of it to protrude into the soft tissues of the knee, resulting in callous formations and a breakdown of the surrounding tissue.

The suit says Penn determined the risk of infection to far outweigh and chance of recovery and Ambuehl had his knee amputated at Anderson Hospital on August 15, 2007, according to his wife.

The suit claims that before the amputation, Ambuehl experienced ongoing pain, depression, a continued decrease in appetite, and weight loss.

Myrna Ambuehl seeks damages in excess of $250,000, plus attorney’s fees, costs, and other relief deemed just by the court, from the five-count suit.

North Carolina’s Medical Justice Encouraging Doctors To Keep Patients Quiet

Scripps News reports that the internet may be a great tool for fighting medical malpractice - as long as doctors don't ask patients to sign away their rights to talk about how they were treated.

In recent years, websites that rate all aspects of a doctor's practice are becoming more popular - patients can leave reviews that cover their entire experience, from how long the waiting room wait is to the doctor's bedside manner, to whether or not the doctor is suspected of medical malpractice or negligence.

Now, however, a North Carolina organization known for fighting medical malpractice lawsuits, Medical Justice, is trying to quiet the voice of patients. The group is pushing doctors to have their patients sign "mutual privacy agreements" which would disallow them from writing about it on the internet. The agreement still allows the patients to go to the North Carolina Medical Board in case of serious medical malpractice, or to talk with friends and family about the doctor, but it prevents them from sharing what could be vital information with the greater public.

Many see this, though, as a way to keep unhappy or concerned patients quiet about bad doctors.

Man Claims Doctor Responsible For Injuries

A man has filed suit against a doctor, claiming that he sustained permanent personal injuries when said doctor did not take his “life-threatening complaints” seriously.

According to the suit filed by Gallipolis, Ohio resident Michael Little in West Virginia’s Mason Circuit Court on February 27, he suffered brain injuries due to the malpractice of Dr. James P. Wagner.

According to court records, on December 11, 2006, Little went to Wagner to undergo treatment. Records do not make it clear whether Little was a regular patient or a first time patient of Wagner.

Little claims that he presented “life-threatening complaints” to Wagner. The suit does not specify the complaints’ nature, but Little claims Wagner failed to appreciate the seriousness of said injuries.

The suit says that at the time of the incident, Little was a patient at Pleasant Valley Hospital. He claims that during his stay at the hospital, Wagner ordered no testing related to his complaints and failed to consult with any specialists.

According to Little, his untreated complaints led to life-threatening complications. He claims the complications eventually resulted in an undiagnosed brain abscess, spinal meningitis, and two strokes that caused him “permanent and irreversible brain injury.”

Little claims Wagner’s alleged malpractice has caused him to experience physical and mental pain and suffering and incur medical expenses.

Little’s wife, Kathy Little, has been listed as a co-plaintiff and claims lost consortium and household services.

The Littles seek unspecified damages.

Nevada Doctor Stuck in Hepatitis Outbreak after Reusing Syringes

 

Patients of a Dr. Dipak K. Desai in southern Nevada over the last three decades have reason to worry.

 

The doctor recently agreed to temporarily stop practicing medicine after 28 years until a state investigation sifts through and renders a decision on unlawful medical practice allegations in his clinic, said the IndiaPost.com.

The Southern Nevada Health District confirmed Dr. Desai instructed staff at his Endoscopy Center of Southern Nevada Las Vegas Clinic to reuse syringes and medical vials the last four years. That exposed 40,000 people to possible hepatitis B and C and HIV. Thus far, six hepatitis cases in Dr. Desai’s patients have been confirmed.

The Nevada State Board of Medical Examiners instructed to close his clinic until it has concluded its investigation, according to the Las Vegas Sun. Through legal counsel, the doctor said, "As a longtime resident of Southern Nevada, I share our community's sorrow and concern for those who have been affected by this situation.

Dr Desai attended medical school at Gujarat University and later, completed his medical residency at the St. Vincent Catholic Medical Center in New York.

The sun reported that the doctor had contributed to the George W. Bush and Al Gore presidential campaigns. He also served on a gubernatorial health care committee of Gov. Jim Gibbons. The Sun reported Dr Desai was a member of the same state board which investigated and found the alleged violations in his clinic. At one time, the doctor even served as chairman of that board's investigative committee.

 

 

Proposal Would Reverse 1950 Supreme Court Ruling on Suing the Military

New legislation in Congress seeks to reverse a U.S. Supreme Court ruling in December, 1950 that prohibits members of the military from suing the government. Should this become law, GIs would be able to file medical malpractice litigation, reports Thomson Business Intelligence Service.

 

The legislation was proposed by Rep. Maurice Hinchey, D-N.Y., who said, “joining the military should not mean that one has to give up his or her right to hold medical providers accountable.”

Labeled The Carmelo Rodriquez Military Medical Accountability Act, the proposal is named for a U.S. Marine sergeant who died in 2007 from melanoma after military doctors in Iraq diagnosed his skin condition as a “birthmark or wart.” Rodriquez, of Ellenville, N.Y., died at the age of 29.

”The death of Carmelo Rodriguez is an extraordinary tragedy that has left his family with nowhere to turn,” Hinchey said.

The legislation would reverse the Feres Doctrine, which prohibits lawsuits against the federal government for its’ medical negligence that leads to harm or death of a service member. The Rodriguez Act would allow claims for “damages for death or personal injury resulting from negligence, the failure to act or wrongful acts in healthcare provided by the military,” reported Thomson.

The Supreme Court ruling from 1950 also bars families of service members from filing wrongful death or loss of consortium (depravation of benefits from relative relationship) actions when a service member is killed or injured, according to Wikipedia.

 

According to Answers.com, the Feres Doctrine ruling resulted from a suit brought by the executor of a U.S. soldier who died in a barracks fire. The executor maintained the military was negligent in housing a soldier in barracks whose defective heating system was “known to be unsafe.”