Tucson Personal Injury Lawyer - Medical Malpractice

Bill to Raise Burden of Proof on ER Malpractice Lawsuits Fails in House

Christina Cole — Tue, 08 May 2007 08:02:39 GMT

The Arizona House rejected Bill SB 1032, a bill that would have made medical malpractice lawsuits against emergency department doctors and staff more difficult to win.

The State Senate approved the legislation on a 6-12 vote, in January, and would have required plaintiffs in such type malpractice lawsuits to have "clear and convincing evidence" that the care they received was not up to professional standards, rather than a "preponderance of evidence" which is an easier legal threshold.

Proponents believe SB 1032 would have helped to eliminate frivolous lawsuits that lead to increased malpractice insurance premium rates, also scaring away Arizona doctors.

While the opponents believe the legislation would violate the constitutional rights of patients to file a malpractice lawsuit.

Originally posted at InjuryBoard by Christina Cole

Patient Claims Surgery was Botched

Christina Cole — Sat, 27 Jan 2007 23:16:32 GMT

A 66-year-old cancer survivor is now suing Catholic Healthcare West and St. Joseph's Hospital for operating on the wrong set of his vocal cords, alleging medical malpractice.

Larry Bimbo's left vocal cords were paralyzed from undergoing radiation therapy many years ago for lung cancer. However, he now claims in court papers the doctors treated his healthy, right vocal cords instead, cutting off his ability to speak, breath and swallow.
"The mistake could very well have killed him," said Tempe lawyer Christopher Piekarski, who is representing Bimbo. "His health greatly deteriorated while under their car. Standard care was indeed violated."
Bimbo's lawsuit was filed on January 4th at Superior Court in Mesa. Defendants also named are Scottsdale physician Jerry Josen and Arizona Otolaryngology Consults.

In June 2005, Bimbo lived in Phoenix when he consented to a larvngogplasty, a type of implant surgery to treat his left vocal cords.

Piekarski said the paralysis likely occurred years ago, after Bimbo underwent radiation therapy for lung cancer that is now in remission. The paralysis was painful and caused him shortness of breath and made his voice hoarse.
Another physician removed the implant in a follow up procedure and repaired the paralyzed left cord in a third surgery about six months ago, Piekarski said.
Josen never has been disciplined or reprimanded by the Arizona Medical Board since becoming licensed to practice in the state in May 2000, according to the agency's Web site.

Originally posted at InjuryBoard by Christina Cole

Hospital Worker Receives $1 Million

Christina Cole — Wed, 10 Jan 2007 20:20:48 GMT

A Montefiore Medical Center worker has received a $1 million settlement from her employer after her ankle was improperly set while in the hospitals emergency room. On September 30, 2000, Josephine Cruz, went to the hospital with a fractured left ankle. According to court papers, Cruz was in extreme pain when she arrived at the ER.

Cruz, an accounting representative a the hospital was x-rayed but the attending doctor misread the x-ray according to court papers. And therefore improperly treated the fracture and placed her ankle in a cast. Her ankle failed to heal and she suffered in chronic pain, weakness, discomfort and stiffness when sitting for a long stretch of time.

She also suffered from Reflex Sympathetic Dystrophy Syndrome, which includes severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling and extreme sensitivity to touch. She continued treatment at Montefiore through July 1, 2002, but the injury did not heal properly.
Cruz was out of work and disabled for more than a year. She filed the medical malpractice lawsuit against Montefiore, Dr. Cyril Kaplan and Dr. Nehad Grlic. The suit charged that the doctors who treated Cruz were negligent. The settlement was reached last Friday after a trial had begun in the case at Bronx Supreme Court.

Originally posted at InjuryBoard by Christina Cole

Doctor Must Pay $5M to Patient

Christina Cole — Tue, 19 Dec 2006 20:59:45 GMT

An Albany woman has been awarded $5M in a medical malpractice lawsuit. The lawsuit involved Albany gynecologist, William Sewell over a surgical procedure performed back in 1998.

Thursday, a Dougherty County State Court returned a verdict in her favor. The Doctor's layers are appealing the hefty verdict.

Benita Davis Parker, 27, went to her gynecologist Dr. William Sewell, for a tubal ligation six years ago. The procedure was to have her ovarian tubes tied to prevent pregnancy. But complications arose when they discovered two large ovarian cysts that nearly cost her - her life.

Parker claims when Dr. William Sewell removed the two large cysts that they ruptured. She claims material left in her body from the ruptured cysts led to serious infection that, only two months later led to a hysterectomy and removal of more than three feet of her large intestine. Her lawyer says she endured years of suffering.

But not so fast, says Dr. Sewell's attorney. Attorney Dawn Benson tells us she plans to appeal the verdict.
She says Sewell properly removed the cysts, but says Parker had a rare and unforeseeable complication, which inflamed her pelvis. Benson claims the inflammation was a result of Parker's genes and not from infection from the ruptured cysts.
Parker's attorney's feel an appeal won't work. They say the evidence will stand.

Originally posted at InjuryBoard by Christina Cole