Medical Error Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/medical-error/ Fort Myers Florida Trial Attorney Wed, 06 Mar 2024 15:07:47 +0000 en-US hourly 1 Hospital Settles Missing Tumor Suit After Admitting It Can’t Find It https://thethompsonlawfirm.net/hospital-settles-missing-tumor-suit-after-admitting-it-cant-find-it/ Wed, 06 Mar 2024 15:07:47 +0000 https://thethompsonlawfirm.net/?p=23752 I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed. According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the […]

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]]> I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed.

According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the surgically removed tumor prior to conducting the requisite pathological review and left plaintiff without a clear diagnostic or care plan,” the complaint stated.

Read more at: https://www.law360.com/articles/1808991?e_id=e4cf434f-bdad-44b4-85d2-994f5bf03cea&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

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]]> Juror Misconduct Warrants New Trial In Birth Injury Suit https://thethompsonlawfirm.net/juror-misconduct-warrants-new-trial-in-birth-injury-suit/ Thu, 22 Feb 2024 15:00:41 +0000 https://thethompsonlawfirm.net/?p=23702 I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]

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]]> I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late.

… one juror had gone home, looked up the warnings on his EpiPen, and brought that information to deliberations. The trial court first granted, then on reconsideration denied, the motion, prompting the appeal.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1804861?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-22&read_main=1&nlsidx=0&nlaidx=7?copied=1

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]]> Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer https://thethompsonlawfirm.net/jury-awards-30m-to-family-of-23-year-old-who-died-from-ulcer/ Tue, 20 Feb 2024 14:31:46 +0000 https://thethompsonlawfirm.net/?p=23692 You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> You don’t often hear about the frivolous and stubborn defenses that anger juries.

David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> Talk about an understatement … https://thethompsonlawfirm.net/talk-about-an-understatement/ Mon, 19 Feb 2024 15:47:04 +0000 https://thethompsonlawfirm.net/?p=23685 I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]

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]]> I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this.

Health law plays a crucial role in the field of medicine, as it dictates appropriate practices, regulations, and rights and responsibilities for healthcare professionals and patients. Despite this undeniable relationship, there is a lack of focus on health law, and an outdated hidden curriculum in medical education has perpetuated long-standing negative perceptions of the legal system.

The link to the peer reviewed article is found just below:

Medical Law and Medical School Curricula: A Systematic Review

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]]> Who’s In Charge? https://thethompsonlawfirm.net/23574-2/ Thu, 21 Dec 2023 15:51:18 +0000 https://thethompsonlawfirm.net/?p=23574 In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason: Lee’s family successfully argued that […]

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]]> In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason:

Lee’s family successfully argued that inexperienced doctors on call at the hospital waited three hours before removing the clot from a major artery, leading to brain damage, according to Lee’s attorneys with Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackauf, who said the verdict is the largest award ever in a medical malpractice case in Westchester County.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1779270?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-12-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

In many cases, the front-line providers use inexperienced providers as a shield to hold themselves at a remove from patient care. Frequently, the experienced providers will blame the inexperienced providers with not sharing important information. This often results in substandard or negligent care and treatment.

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]]> A major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances. https://thethompsonlawfirm.net/a-major-victory-for-mayas-family-their-lawyers-and-patients-everywhere-i-cannot-overstate-how-impressive-this-work-is-under-difficult-circumstances/ Mon, 13 Nov 2023 15:10:30 +0000 https://thethompsonlawfirm.net/?p=23470 A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Read […]

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A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1739675?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-13&read_main=1&nlsidx=0&nlaidx=0?copied=1

I have been following this case and blogged about it

here (“A Difficult Case”), 

here  (“I Was Afraid This Would Happen”), and    

here (Juror Questions).

Medical malpractice cases are difficult on their own. When you add novel issues regarding damages and liability, they can become overwhelming. In addition, this case was tried in a jurisdiction considered by most trial lawyer to be relatively conservative.

I tackled similar issues in a neighboring county. You can read the results of that successful appeal

here (Estate of Thomas versus Lee Memorial Health System).

I have nothing but complete admiration for Maya’s family and their legal team for this brilliant result and wish the best for them during the inevitable appeal.

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]]> I Was Afraid This Would Happen https://thethompsonlawfirm.net/i-was-afraid-this-would-happen/ Mon, 23 Oct 2023 14:57:25 +0000 https://thethompsonlawfirm.net/?p=23361 An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals. As I […]

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]]> An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals.

As I noted a month or so ago, in this post, when Maya’s trial started – these cases are “trying for all involved”.

From the trial of Maya’s case …

Johanna Klink, who was Maya’s bedside nurse in the pediatric intensive care unit, testified that the 10-year-old girl repeatedly cursed at staff and would tell her “I want my effing sedation” during her stay at All Children’s in October 2016, with the nurse using a euphemism for the expletive.

At one point when the two of them were alone in Maya’s room, Klink says Maya told her, “I’m tired of all these lies. My life is a lie.” Klink noted the exact words in Maya’s chart, which was shown to jurors Thursday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1734420?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

I spend a lot of time with my clients preparing them for all aspects of litigation. This is time well spent because it reduces the stress my clients experience.

 

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]]> Defective Knee Replacements https://thethompsonlawfirm.net/23350-2/ Tue, 17 Oct 2023 14:39:08 +0000 https://thethompsonlawfirm.net/?p=23350 I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]

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]]> I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully.

A Washington federal jury has sided with a Johnson & Johnson-owned medical device maker in a product liability trial in Seattle, agreeing that the manufacturer was not liable for the injuries a Washington man claimed he suffered due to a defective knee replacement.

The jury delivered the verdict at about 4 p.m. Friday, after four days of testimony and roughly 50 minutes of deliberations, rejecting plaintiff Derrick C. Bosley Sr.’s claims that orthopedics maker DePuy negligently designed the Attune Knee System device that was implanted in his left knee in 2014 and later had to be removed and replaced.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1733251?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-17&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> Peer Review Privilege is Boken: we’re going to keep chipping away state by state https://thethompsonlawfirm.net/peer-review-privilege-is-boken-were-going-to-keep-chipping-away-state-by-state/ Thu, 21 Sep 2023 16:15:18 +0000 https://thethompsonlawfirm.net/?p=23251 #QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> #QualityFraud

A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> Med Mal Presuit Rules Can Be A Trap https://thethompsonlawfirm.net/med-mal-presuit-rules-can-be-a-trap/ Tue, 19 Sep 2023 14:28:55 +0000 https://thethompsonlawfirm.net/?p=23234 Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]

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]]> Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves a claim by the defense that the procedures were not properly followed. This results in an unbelievable amount of litigation, appeal, and court docket crowding.

Texas is one of those states. Recently their Supreme Court had to overturn an appellate court ruling that ruined a legitimate action for years – all because the Appellate court accepted quibbling over the language of the expert reports confirming the merit of the case.

The appeals court faulted the two reports for not including enough details about how Kenmar should have changed Uriegas’ care plan, monitored his condition after the first fall or the specific interventions the facility and its nurses should have implemented, according to court documents.

 

Choose your lawyer carefully.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1722343?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-18&read_main=1&nlsidx=0&nlaidx=4?copied=1

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