New Jersey Trial Attorney: Here are March and April 2013 Medical Malpractice Questions That Have Been Submitted to me Online

I answered the questions below, which were submitted to me online during the months of March and April 2013.

Medical Malpractice-Failure to Timely Treat Arterial Insufficiency

Question:

My diabetic Mother fell in the house on the 2/25. Was admitted to the hospital by her primary doctor 2/26 where he ( primary doctor) ordered a cat scan. It revealed a cancer in her lungs and a brain tumor. He recommended surgery to remove the tumor. 3/1 The tumor is removed . Due to the surgery it resulted in my mother having a stroke on the right side of her body. She was extremely coherent 2 days after surgery. On 3/8 She was transferred to a Rehabilitation home. On 3/9 while visiting her ,my wife noticed that my mother’s toe nails where black. informed the RN she told us it was swollen. From 3/11 to 3/14 she was Heavily medicated . 3/19 she was given a biopsy. 3/20 was told her right foot had to be amputated because of gang green to her knee. She originally went in for her legs!

My Mothers Primary Doctor admitted to my family that his 2 (so called) visits to the Rehab home that he never looked at her legs and "dropped the ball". How is it that the Primary Doctor, The Rehabilitation home and RN's not catch this even though it was brought to their attention by numerous family members at various times. Gang green is the cause of her declining health and days for her to live not the cancer that we were prepared to fight with her. Please help.

Answer:

Without knowing the exact cause of the gangrene, it is hard to tell you whether you have a case worth investigating. Clearly, you would expect an arterial insufficiency to be noticed prior to toes turning black when a patient is under active medical care.

The problem you will have finding a lawyer is that your mother's advance age, along with her underlying health issues, make it unlikely that her claim is economically viable. There are articles linked at the end of this answer that explain that concept.

While cases against rehabilitation facilities can sometimes be economically viable when standard malpractice cases are not because those cases allow for fee shifting, it is very likely that the gangrene started prior to the admission to the rehabilitation facility, since she arrived there on 3/8 and you discovered "black toes" the day after.

It is rare and admirable that the attending doctor advised you that he dropped the ball by failing to examine the extremities, but depending when those examinations took place, the doctor may have a proximate cause defense to a claim.

Medical Malpractice-Determining the Value of a Potential Claim

Question:

I had an ACL surgery done 2 months ago. During the operation the doctors put a brace on my leg that was too tight and caused damage to my peroneal nerve and foot drop. I have since gone to a neurologist, had multiple nerve tests and an MRI which suggest that the injury is not permanent, however it would take at least an additional year to recover. The doctor who performed the surgery has already admitted that he was fully responsible for the injury. What would be a reasonable claim for me if I were to open a medical malpractice case against him?

Answer:

It is hard to tell you what the value of your case is at this point. First, you have been told that it will take a year for your injury to heal, but it is very premature for anyone to reach that conclusion. Frankly, if you already have a foot drop, I think people are being overly-optimistic. So, until you have a better idea of your prognosis, you won't know what fair compensation is.

There are two values to a claim. The settlement value, and what a jury will award. The settlement value of a claim is based on what factually similar claims have settled for. An attorney can do a nationwide search of verdicts and settlements involving damage to the peroneal nerve, and give you a rough range of what the value of the case is. Then, you come up with a demand, and negotiate from there. Anything can happen when a case goes to a jury. Sometimes, you do much better with a verdict than you your highest settlement offer. You can do worse, however, and you can also lose a case if you go to verdict.

It helps to have experienced counsel when deciding issues like this. It is encouraging that your surgeon is owning up to the mistake. That is rare, and commendable, but his carrier has to agree with his position and then they decide what to offer to resolve the claim.

I would not even begin discussing a resolution of the case until you pass the one year anniversary of the injury and can gauge whether your prognosis is as bright as they are suggesting. I would hire an attorney to discuss settlement. If you put the carrier on notice of the claim, and they represent to you that (a) their insured has consented to resolve the case and (b) they are prepared to offer money to do this, it might be possible for you to negotiate a hybrid fee arrangement that provides you with a discount if the case can be resolved without litigation. Another alternative is to pay an attorney an hourly rate to work the file up to try and settle it rather than agreeing to pay the attorney his customary contingency fee (usually a third of the recovery).

Medical Malpractice-Burn While in Labor and Delivery

Question:

To make a long story short, I was 32 weeks pregnant when my insurance company dropped me. I had my son on 12/25/11. I had to go to social services and get Medicaid for the rest of my pregnancy which I didn't get for a while. It was a horrible experience and because I had Medicaid I had resident drs and I just didn't feel like I was treated right. I got a huge injury and now it’s a scar on my back and they covered their ass by saying it is a friction burn but I had another doctor tell me it was definitely not it was chemical or electrical but because they covered their ass in the report he couldn't say if they were negligent. Someone please help me and tell me if I have a case. This all took such an emotional/physical toll on me. I had to deal with pain and taking care of a newborn. Help!

Answer:

Did you have a C-section? I ask because surgical burns happen relatively frequently for a variety of reasons. Even if it were a "friction burn" you would not expect that kind of thing if the medical providers were following accepted standards of care. The issue will be how bad the burn is and whether the case is financially viable.

Medical Malpractice-Failure to Remove Hardware Following Surgery

Question:

I was in an accident 10 years ago and I fractured my tibia. I have lived with hardware in my leg because of the accident. I decided to go back to the surgeon to have him removal ALL of the hardware in November because I had a lot of leg pain because of it. The doctor accidently left one pin in my knee and this it the piece of hardware that bothered me the most. I had scheduled the original surgery because I had already reached my deductible for the year and would not incur any out of pocket costs. I had to schedule yet another surgery to have the final pin removed and have out of pocket costs because of the additional surgery. Obviously, I suffered because of the doctor's negligence. Do I have a strong case? The recovery from both surgeries were long and painful.

Answer:

It was probably not negligence for the doctor to leave the hardware in following the initial surgery. Sometimes hardware stays in forever. Other times it is removed when it causes pain. Most doctors take a watch and wait approach with patients in these circumstances. The failure to remove the pin in the second surgery might be negligence if it was clear that this is what was responsible for causing your symptoms prior to the second surgery. The big question will be whether or not a case based on damages related to that mistake is financially viable. Articles linked to the bottom of this email discuss that issue.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice-Failure to Appropriately Treat a Puncture Wound

Question:

Went to the Alliance City E.R. because I step on a toothpick. The attending Dr. would not. lance my foot to totally remove it. He sent me home with an insufficient antibiotic. On Dec16 My lower leg was amputated.

Answer:

You certainly have a case that is worth investigating. Accepted standards of care require antibiotics to be used to treat a puncture wound to the foot. Puncture wounds are susceptible to infection because the invasive element is not just on the surface of the skin it is deep in tissue and it needs to be treated with the appropriate antibiotic.

Click here for an article in Podiatry Today that discusses how to deal with puncture wounds.

Medical Malpractice-Retained Foreign Object Following Surgery

Question:

A piece of needle was left in my back after disc decompression surgery, do I have a damages law suit? After four series of injections, the doctor decided that I needed surgery. A disc decompression was performed. during witch the needle broke off in the disc. The doctor informed me during recovery and said it was nothing to worry about and would scar over. the next day I was in terrible pain from my butt to my foot. A sun burn sensation developed around my ankle, my foot felt bruised on the bottom and my toes felt smashed. the doc told me that was normal as he moved a lot around during the surgery.at the two week after app., I was in such bad shape he took an exray and said I needed another MRI. At that time he increased my pain meds. That took a week to get. They wouldn’t do because of the needle. Then, doc sent for CT scan. After he viewed the results and consulted another surgeon, they agreed that the needle had moved out of the disc and was causing my pain. It would have to come out. I have suffered now for over a month at this time the needle is still there.

Answer:

Either the doctor negligently broke the needle, or you have a products liability case against the manufacturer of that medical device. There will be a question about whether the case is financially viable if the second surgery ameliorates your problems.

Medical Malpractice-Distinguishing Inappropriate Care from a Medical Malpractice Case

Question:

If i went to the hospital because my kidney stop functioning and they sent me home and said nothing is wrong and 4 days later I go to another hospital is that mal-practice? The day before i was there because my nephrostomy tube came out they tried to send me home I said no. The doctor was angry pull the curtains, turned off the lights, shut the door when the nurse came in i was in extreme pain asked for medication she said just go to sleep I was left in that room all night no call light to call for help until the next morning. Is that wrong?

Answer:

Of course that is inappropriate care. You probably do not have a viable malpractice case if this did not cause you a permanent problem, but you are entitled to better treatment. You should consider contacting the Department of Health in CA. They likely have a division that will allow you to report the mistreatment.

Click here for information about how to file complaints about doctors, nurses, hospitals and nursing homes in the state of California.

The articles below discuss the issue of financial viability, which is the problem that I think you face in pursuing a malpractice claim.

Medical Malpractice – Statute of Limitations for a Minor

Question:

They did a surgery on my daughter but they made an error and they didn’t put the device in her now my daughter had been sick after this for years come to find out it was from the surgery that took place when she was small and they want to do another surgery on her to correct what they did but that is not fair because they mess my daughter up for life.

Answer:

If you have reason to suspect that your daughter was the victim of negligent surgery and this impacted her quality of life for a significant period of time you may have a medical malpractice case worth investigating. There will be issues about whether the statute of limitations expired, but usually state law has a provision that tolls the statute of limitations for minors. Usually, there will also be case law that indicates that the statute of limitations is tolled if you were reasonably unaware that somebody made a medical mistake.

Medical Malpractice – Retained Foreign Body Following Labor and Delivery

Question:

Can I sue or report my doctor? My on call doctor left a cotton swab inside me after stitching me from my vaginal delivery of my daughter. No infection that we know of yet. It was inside me for over three weeks. What can I do to make sure he doesn't get away with this?

Answer:

There is no question that leaving a foreign body behind during the surgery is negligence (although that doesn't mean that the hospital or physician will attempt to disclaim responsibility). Retained foreign bodies are considered "never events." Never events should never occur, and Medicare and insurance companies take the position that they will no longer provide coverage for consequences related to these kinds of mistakes, because they should no longer take place in a health care setting.

I think the issue will be whether your case is financially viable. Their articles to discuss this issue at the bottom of this email as well. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Medical Malpractice – Dental Malpractice Trigeminal Nerve Injury

Question:

Do I have a case? A year ago I had my wisdom teeth pulled. Since then the lower right mandible has been numb. I'm having difficulty eating and drinking. I also drool at times. It's embarrassing to say the least. I called my oral surgeon's office several times after the procedure and they assured me the numbness would wear off that I needed to give it time. It's been a year and still driving me crazy!

Answer:

The symptoms are consistent with an injury to the trigeminal nerve. It is disquieting that you were not advised this by your dentist. There is about a one year window of opportunity to try and correct this problem, so the failure to timely address it or provide you with informed consent about what happened may be the basis of a medical malpractice case.

Injuring the trigeminal nerve during a wisdom tooth extraction is considered an accepted complication of the procedure in most circumstances.

If you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Timely Diagnose and Treat a Stroke

Question:

Can I sue the hospital for not admitting my husband after a stroke? He had a stroke. Hospital sent him home and said he did not. Stroke confirmed with another hospital the next day.

Answer:

There is a limited window of opportunity in which stroke patients can be treated with tPA which can ameliorate allot of the consequences of a stroke, so it is certainly possible that a failure to timely diagnose and treat a stroke could serve as the foundation of a medical malpractice case. Without knowing what the damages are from the stroke, it is hard to provide you with a more educated response.

Medical Malpractice – Failure to Diagnose Testicle Torsion.

Question:

When testes become nonviable and removed one week after a misdiagnosis of infection, treated with antibiotics, qualify as medical malpractice? 15 year old boy admitted to ER with excruciating pain in left testicle. After 6 hours of steady screaming and ER physician stating that it may be "gallstones", ultra sound and C-scan were negative. My son heavily sedated was released to home with no diagnosis except statements that it could be an infection. In fact it was Torsion and after one week of being treated with 2 shots of antibiotics and blood taken daily, the testes became nonviable. The physician panicked stating that the antibiotics were not working and ordered another ultrasound. There was no blood flow to the testes. We transported my son to the hospital for immediate surgery. The testes was removed. My son is an elite track and field 'miler' and is extremely depressed about his loss. When my son was initially injured, 3 months earlier, the radiologist could not explain my son's extreme pain and suffering. In both situations I told ER staff that a mistake must have been made. The time delay costs my son's testes.

Answer:

It sounds like you have reason to investigate a medical malpractice case. Testicular torsion is often diagnosed through a simple clinical exam by testing the cremasteric reflex. Click here for a discussion of the injury, here for a discussion of cremasteric reflex test. This is not rocket science, and you would expect your son to have been screened for this possibility at the outset.

The big question will be how has this impacted your son's ability to have children. It probably has a statistically significant impact, but I would guess that it will not prevent him from reproducing. Obviously, if they conclude that it will impact his ability to have children, the case is much more substantial.

Medical Malpractice – Nursing Home Negligence – Failure to Follow Fall Protocol

Question:

Do I have recourse for injuries suffered?

More Details: I had to place my parents in an assisted living facility. My father feel during the middle of night due to poor lighting conditions and poor care that was not provided. I had to pay 8000$ per month and it was very expensive on top of that due to supplies my mom required I had to pay for, special bed etc. I paid over &76,000 and my father ended up with a broken hip and inability to walk due to the injury he sustained on their premises. The facility owner and assistant were not apologetic at all and did not care about his condition, he had dementia slightly and was a very nice person. I felt a lot of remorse and made a poor decision placing them there. They advertised that caring is their business but I feel like I was scammed out if all their life savings. I father died in a rehab facility after his surgery. My mom has been bed and chair bound for many years I had to take her home for a while due to no more money. It was very custody mistake on my part and do I have recourse??

Answer:

You may have a cause of action for the broken hip depending on the facts and circumstances surrounding the fall.

When a patient is admitted to a nursing home, a fall assessment has to be done and a care plan must be developed for the patient that takes into consideration the risk factors disclosed. Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient. Depending on how your father was classified in the initial assessment, the home could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant).

If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state), preferably, one that specializes in nursing home negligence cases. They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Congestive Heart Failure

Question:

On March 12, 2013, I had my husband to take me to Kernodle Clinic at Alamance Regional Hospital. My main complaint was that my feet and ankles were swollen. Dr. Eric Wallace was the physician that saw me. I was also having trouble breathing. He sent me to have x-rays done. When the x-rays were finished he told me that if I had waited any longer that I would have ended up with pneumonia. He did not give me a diagnosis. He gave me prescriptions for Prednisone, Cherry tussin, and an antibiotic. He also gave me a doctor's note that I could not return to work until March 14, 2013. On March 14, 2013 I was feeling worse. I could hardly breathe. I called my regular doctor to see what would what make my feet and ankles swell; my doctor's nurse told me that it could be my sodium intake or a lot of things. She told me if I was really worried to go to Next Care Urgent Care on S. Church Street. I then had my husband to take me there. When I finally made it in to Next Care the nurse seen I was in distress and seen that my feet & ankles were swollen. He told me that I would need to go to ER because my breathing was bad & my feet and ankles were swollen it could be something with my heart. As soon as I got to the hospital they rushed me to the back they started numerous tests and I was told after they took x-rays that I had congestive heart failure that fluid had built up on my lungs, ankles and feet but I don't understand why Kernodle Clinic took x-rays and didn't see the fluid. My Cardiologist Dr. Shaukat Khan was upset because he said that I should have come to him.

Answer:

Swollen ankles and trouble breathing are hallmark signs of congestive heart failure and so it is hard to understand why you were not diagnosed with that condition when you initially visited the hospital. At the same time, I do not believe the delay in diagnosing the condition caused additional medical harm and so under the circumstances you probably do not have a financially viable medical malpractice case.

Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Medical Malpractice – Punctured Artery During Aneurysm Surgery

Question:

My father had a central line artery punctured while starting his aneurysm repair he bleed out and his heart stopped beating for 25 minutes, the original surgery was aborted and they had to fix the severed artery.

Answer:

My instinct tells me that a puncture of the artery could be an accepted complication of the procedure, but I suspect that an attorney would have to look at the medical records generated from the procedure to know for sure. I think there will also be a question about whether the case is financially viable if the second procedure fixed the problem and your dad had no lasting damage caused by the excessive bleeding.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice-Excessive Bleeding and Blood Transfusions Following Hysterectomy

Question:

I had a hysterectomy in 2011 been have problems since. Had 2 blood transfusions and also hospitalized twice. I just recently had another surgery last week

Answer:

It is hard to answer your question without knowing more facts about why you were anemic and the details of the subsequent surgery that you recently underwent. It certainly sounds like things didn’t go as expected. If you do not have a firm understanding of why these things have happened this suggest to me that you have cause to investigate whether the first procedure was performed negligently. Depending on how well the subsequent surgery helped you are problems there may be an issue about whether or not the case is financially viable.

Medical Malpractice - Death of Toddler Following Influenza Vaccine

Question:

What can i do when my 2 year old daughter died after receiving the flu nasal mist Vaccine ? The doctor had the nurse give it to my daughter after my oldest daughter was diagnosed with influenza this happened on 1-16-13 and she passed away on 1-18-13 . I also had her in the ER on 1-17-13 and the doctor that she seen said it was a viral cold and sent us home. There is also more to what led up to her passing. I am just so lost and need to know if i have a case.

Answer:

I'm sorry for your loss. Every time a person receives an influenza vaccine there is a risk that the vaccine can actually cause the illness. Given the tragic outcome, however, should have an attorney review the hospital records and the records of your daughters pediatrician to ascertain whether more should have been done when she visited the emergency room on January 17, 2013.

Medical Malpractice – Failure to Timely Diagnose Kidney Cancer

Question:

My mother was diagnosed with kidney cancer which is totally removable if caught in time. It was not caught I was told it has probably been there about 5 years and has now spread to her adrenal glands and lymph nodes. she will needs surgery and chemo now. Since this 7 inch tumor has been on her kidney she has had two surgeries with two full blood work ups that I am going to obtain to have read. she had been to the doctors for many symptoms such as vomiting given a pill for ulcers although esophagus looked clean no inflammation from acid reflex but treated anyway, loss of appetite, weight loss which they just contributed to her thyroid, cramping which she was just given a potassium pill and never thought of again.

Answer:

For an attorney to know whether you have a viable malpractice case he really has to review all of the pertinent medical records to determine if there was something in a diagnostic test results or a blood test that should have resulted in a workup for possible cancer. Kidney cancer is usually symptom-free until the late stages of the disease. Then, people may start experiencing blood tinged urine, back pain below the ribs that persists, weight loss, fatigue and intermittent fever.

Medical Malpractice - Infection Resulting in Premature Delivery

Question:

My wife and I are on Camp Pendleton. She is pregnant. At 26 weeks she started having horrible pain so on April 3 we went to the naval hospital on base to get her evaluated. After the OB\GYN took a look and did some checks, after the walk in check up he said that she had a infection that it was normal. So later that night she was in critical pain and crying, so at 0530 we went back. When we first got there they asked for a sample, and while that was happening she was in tremendous pain, the OB came in an my wife's water broke. She delivered the baby premature at 26 weeks and is currently in the hospital. Could I have a lawsuit on the hospital for medical malpractice, because if the OB would of caught it the day before we could have prevented the premature birth.

Answer:

It seems pretty clear that the first doctors that your wife saw failed to diagnose an infection and so it sounds like you have reason to suspect that she received negligent medical care. I think that the big question in any case will be whether or not you can prove that the negligence of the doctor proximately caused the premature birth. The defense will be that an earlier diagnosis would not have resulted in a materially different outcome because it would have still taken time for antibiotics to cure the infection.

New Jersey Trial Attorney

Thursday, April 11, 2013

Here are March and April 2013 Medical Malpractice Questions That Have Been Submitted to me Online

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