Medical Malpractice

Family Files Wrongful Death Lawsuit Against California School Over Death of 12 Year-Old

October 19, 2011 | Lebowitz & Mzhen

The parents of a 12 year-old boy who died in September 2010 from acute cardiac arrest have filed suit against the school district where the child was enrolled, the child’s P.E. teacher, and two doctors who treated him. The lawsuit alleges negligence against the school district and teacher for failing to exercise reasonable care in the child’s physical education, and it alleges that the doctors were negligent in their prescribed restrictions on the child’s physical activities.

The child suffered from hypertrophic cardiomyopathy, a condition that causes thickening of the heart muscle, according to court documents. This makes it more difficult for the heart to pump blood efficiently. The congenital condition can result in sudden cardiac arrest and death, and is a leading cause of heart-related death among young athletes. The lawsuit alleges that, while temperatures in Los Angeles were at a record high of 107 degrees in September 2010, the school and P.E. teacher required the child to participate in physical education classes. The school and teacher allegedly knew about the child’s heart condition. The child allegedly suffered cardiac arrest on the morning of September 28, 2010 during his physical education, while under the teacher’s supervision. He died shortly afterwards.

The primary claim of the lawsuit is negligence. To prevail on a claim of negligence, a plaintiff must prove four elements: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused injury to the plaintiff, and (4) plaintiff has suffered damages as a direct result. The plaintiffs have also claimed negligence by medical professionals, which is a higher standard of negligence. Ordinarily, a negligence claim requires proof of a duty of care for a reasonable person. Medical malpractice imposes a higher standard of care on doctors and other medical professionals because of their specialized training. Since the school district and teacher named in the lawsuit care for children in the course of their daily professional duties, a court might apply a higher standard of care to them than it might to a person not accustomed to dealing with children. The lawsuit specifically alleges failure to follow the requirements of Section 504 of the Rehabilitation Act of 1973, which addresses protection of children with disabilities.

$2.5M Maryland Medical Malpractice Verdict to Family of Man Who Died After Suffering Hemorrhagic Shock Following Doctor’s Failure to Diagnose

August 23, 2011 | Lebowitz & Mzhen

A jury has awarded the family of Lawrence Dixon $2.5 million for his Maryland wrongful death that was a result of Montgomery County medical malpractice. Dixon, 59, died on May 17, 2007 two days after he suffered a pelvic fracture during a fall accident.

According to the family’s Montgomery County wrongful death case, Dr. David Harding neglected to diagnose during an internal exam that the Lawrence man was bleeding internally. Signs his primary care physician should have noted were his failure to produce urine in 24 hours, low blood pressure, rapid heartbeat, and loss of lucidity. The plaintiffs say that because of this failure to diagnose, Dixon died from multiple organ failure.

Harding’s attorneys disputed these allegations, claiming that Dixon died from taking kayexalate, which is a drug that lowers high potassium levels. They said the medication cut off Dixon’s oxygen when it directly entered his lungs.

$91.5M Nursing Home Neglect Verdict Awarded to Family of Woman for Her Wrongful Death

August 9, 2011 | Lebowitz & Mzhen

Our Baltimore nursing home abuse lawyers represent victims of Maryland nursing home negligence and their families. Nursing home operators should be held liable when abuse or poor care causes a patient to suffer serious injuries, illness, or death. For more information, please visit our Maryland Nursing Home Lawyer Blog for more information.

Unfortunately, incidents of nursing home neglect and abuse throughout the US are not uncommon. Recently, a jury awarded the family of one elderly woman $91.5 million in their nursing home negligence case blaming assisted living facility Heartland of Charleston, which is owned by HCR ManorCare Inc., for her wrongful death. HCR Manor Care is a Carlyle Group nursing home subsidiary.

According to attorneys for the plaintiffs, Dorothy Douglas’s health deteriorated to the point that she was near death during her three-week stay at the nursing home in 2009. By the time she was transferred to another facility, the 87-year-old woman, who suffered from Parkinson’s disease, dementia, Alzheimer’s, and several other conditions was unresponsive, severely dehydrated, and had lost 15 pounds. She died soon after.

Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage

July 26, 2011 | Lebowitz & Mzhen

Our Baltimore medical malpractice lawyers represent families whose babies were injured before, during, or right after delivery. We know how devastating it can be to have an occasion as joyful as the birth of a child to be marred because an obstetrician, gynecologist, anesthesiologist, or another medical professional was negligent.

One of the more common injuries that can occur during delivery as a result of Maryland medical malpractice is the brachial plexus injury, which is also known as Erb’s Palsy. This type of injury can happen if traumatic stretching of the infant’s brachial plexus (this area runs from the spine to the muscles in the arms and shoulders and can also impact the arms and hands) occurs when trying to get him/her out. For example, if labor has gone too long or the baby is in breech or if his/her shoulder is stuck under the mother’s pubic bone or in the birth canal, his/her head may have to be pushed away from the shoulder while the arm is forced upward or the shoulder is pushed downward to get the baby out. If too much force is exerted, stretching or tearing of the baby’s nerve can occur and permanent and serious injuries (including partial or total paralysis) can result.

Just recently, a jury awarded a family $1.3 million against the doctor who delivered their child in 2006. In their birthing malpractice lawsuit, the couple claimed that their doctor could have performed a C-section or applied techniques other than excessive traction to free their daughter’s shoulder during birth. Because of her brachial plexus injury, she still isn’t fully able to use her left arm.

Brachial plexus injuries can be avoided. Common reasons why they occur:
• Failure to properly estimate the baby’s weight and size
• Applying too much traction to the baby’s neck during labor
• Failure to properly monitor for fetal distress
• Failure to properly gauge whether/not baby’s shoulder can easily move through the birth canal
Jury awards $1.3 million in childbirth lawsuit against doctor, WCF Courier, July 20, 2011

Related Web Resources:
Brachial plexus injury, MayoClinic
What are Brachial Plexus Injuries?, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Birthing Malpractice Leaves Devastating Consequences for Parents and Child, Maryland Accident Law Blog, May 30, 2011
Can Maryland Birthing Malpractice Cause Autism?, Maryland Accident Law Blog, July 16, 2011
Maryland Birthing Malpractice: Expansion of Consent Doctrine Restores $13 Million Cerebral Palsy Verdict, Maryland Accident Law Blog, July 31, 2009

Can Maryland Birthing Malpractice Cause Autism?

July 16, 2011 | Lebowitz & Mzhen

According to researchers from Brown University and Harvard School of Public Health, complications and problems during and after birth might increase the chances of a child developing autism. While the authors acknowledged that the causes of autism are not known, they were able to narrow down the factors that could be linked to autism, including:

• Birth injury
• Birth trauma
• Low 5-minute Apgar score
• Meconium aspiration
• Maternal hemorrhage
• Abnormal presentation
• Multiple births
• Umbilical cord complications
• A birth that occurs during the summer
• RH or AB incompatibility
• Small for gestational age
• Congenital malformation
• Hyperbilirubinemia
• Fetal distress
• Low birth weight
• Neonatal anemia
• Low oxygen during delivery
• Fetal distress

While some of these factors are out of an obstetrician’s hands, there are ways to prevent certain birth injuries from happening. For example, monitoring the fetus’s vital statistics, as well as that of the mother, making sure that the baby gets enough oxygen, and not making any medical mistakes that could cause Maryland birth injury or trauma.

To have your child diagnosed with autism can be a severe blow for the entire family. Not only might your child never be able to live a “normal” life, but he/she will likely require costly therapies and other services to help them deal with their special needs. Some autistic children may never be able to support themselves or live independently. Your child may have to contend with bullying and emotional isolation while growing up. Autism takes a toll on the entire family.

If you believe that a medical mistake before, during, or after birth caused your son/daughter to develop autism, you may have grounds for a Baltimore birthing malpractice lawsuit.

Perinatal and Neonatal Risk Factors for Autism: A Comprehensive Meta-Analysis, Pediatrics, July 11, 2011
Low oxygen during birth may contribute to autism, Barchester, July 13, 2011
Environmental factors for autism: Low oxygen during delivery, summer births, The Imperfect Parent, July 12, 2011

Related Web Resources:

Autism Speaks

Autism Fact Sheet, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Medical Malpractice?: Doctor and His Son Accused of Putting Autism Patients at Risk, Maryland Accident Law Blog, May 19, 2011
Baltimore Couple Files $20 Million Medical Malpractice Lawsuit Alleging Wrongful Birth, Maryland Accident Law Blog, July 6, 2010
$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family, Maryland Accident Law Blog, June 3, 2009

Maryland Medical Malpractice?: Doctor and His Son Accused of Putting Autism Patients at Risk

May 19, 2011 | Lebowitz & Mzhen

The Maryland Board of Physicians have charged David Geier, the son of Dr. Mark Geier, with practicing without a medical license. David worked with his dad in treating kids with autism. However, Dr. Geier’s medical license was recently suspended after he was accused of putting his autistic patients at risk. Our Owing Mills medical malpractice lawyers want to remind our readers that medical negligence can be reason for a civil lawsuit if someone is injured or dies because of it.

The Geiers believe that the mercury in vaccines is linked to autism—a theory that many in mainstream medicine, including the Institute of Medicine, don’t believe. Father and son used the drug Lupron to treat patients. This is a drug that many experts consider dangerous for kids. Lupron is approved to treat fibroids and prostate cancer. It is also used to chemically castrate sex offenders.

The board says that Mark Geier improperly cited a number of patients with a condition called “precocious puberty.” Patients were treated with Lupron injections. The board contends that by administering this treatment protocol that is known to have substantial risk of serious harm and isn’t generally accepted in the “relevant scientific community,” Dr. Geier endangered autistics kids and exploited their parents. He is also accused of failing to fully inform parents of the dangers associated with the treatment.

State authorities believe that David Geier also put patients at risk when he treated them. Health officials are trying to get him off the Maryland Commission on Autism. The commission’s Web site has him down as a doctor, even though officials have called this a clerical mistake. The Commission does, however, refer to him as its “diagnostician.”

The Geiers run offices under the name Genetic Counselors of Maryland in Owing Mills and Rockville. They also have offices out of state.

Living with autism can be very challenging. The Centers for Disease Control and Prevention says that about 1 in 110 kids in the US have an autism spectrum disorder. That’s 36,500 out of 4 million children born every year that are eventually diagnosed with autism, which can come with different disabilities depending on where they are on the spectrum.

Son of autism doctor charged with practicing without a license, The Baltimore Sun, May 19, 2011
State looks to remove autism panelist with links to suspended doctor, The Baltimore Sun, May 6, 2011
Md. autism doctor’s license suspended, Los Angeles Times, May 4, 2011
Related Web Resources:
Autism Spectrum Disorders, CDC

Maryland Board of Physicians

Lupron, Drugs.com

Maryland Commission on Autism

More Blog Posts:
Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators, Maryland Accident Law Blog, February 22, 2011
Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis, Maryland Accident Law Blog, October 4, 2010
Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge, Maryland Accident Law Blog, March 9, 2011

Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators

February 22, 2011 | Lebowitz & Mzhen

An investigation by Maryland health investigators into the September 2010 murder of psychiatric patient Susan Sachs by fellow patient El Soudani El-Wahhabi at the Clifton T. Perkins Hospital Center has revealed that employees at the maximum-security psychiatric facility may have inattentive and sleeping on the job that night. El-Wahhabi, who has admitted to strangling and kissing the 45-year-old victim, is charged with Sachs’ murder.

As the murder was taking place, video surveillance shows one hospital staffer sitting on a couch from where there was no view of the patients’ rooms. Another worker, who was at the nursing station, exhibited no signs of movement.

Among the report’s findings:

• The door-locking system to the ward was not activated, which means that on the night of September 25, 2010, the doors to patients’ rooms were unlocked for most of the night. This allowed El-Wahhabi to enter Sachs’ room undetected and without permission.

• After 9:15pm that night, the workers stopped conducting half-hour checks on the patients. They filled out forms to make it appear as if the checks had occurred.

• Video footage shows two of the hospital workers watching TV and sleeping a few hours before Sachs was murdered.

Remedies to such lax behavior at the hospital have reportedly been implemented since then. However, advocates continue to criticize the hospital for not doing enough to protect patients—especially women—from becoming the victim of assault. Meantime, Sheilah Davenport, the hospital’s chief executive, is to step down at the end of the month.

Maryland Medical Negligence

Hospitals and nursing homes can be held liable for Jessup County medical malpractice or nursing home negligence if poor quality care or inadequate security allowed a patient to become a victim of a crime. Sexual assault, physical assault, patient abuse, and patient violence are serious problems that occur in facilities throughout the US. There must be preventive measures and administrative procedures in place to so that such tragic incidents stop happening.

Report: State hospital staff sleeping, watching TV after woman strangled, Gazette.net, February 16, 2011
Staff at hospital partly criticized in patient killing, Baltimore Sun, February 11, 2011
Related Web Resources:

Clifton T. Perkins Hospital Center

Maryland Department of Health and Mental Hygiene

More Maryland Accident Law Blog Posts:
Maryland Mental Hospital Patient Charged with Murder of Fellow Patient, Maryland Accident Law Blog, September 27, 2010
Maryland Medical Malpractice and Fraud Alleged in 101 Claims Against Towson Hospital, Maryland Accident Law Blog, October 16, 2010
Baltimore County Wrongful Death Lawsuit Accuses Westminster Assisted Living Facility of Maryland Nursing Home Neglect, Maryland Accident Law Blog, April 28, 2010

Maryland Medical Malpractice and Fraud Alleged in 101 Claims Against Towson Hospital

October 16, 2010 | Lebowitz & Mzhen

A Towson medical malpractice lawyer has filed claims on behalf of 101 patients accusing St. Joseph Medical Center and its former cardiologist Dr. Mark G. Midei of Maryland medical negligence, conspiracy, and fraud. Midei is accused of conducting hundreds of unnecessary cardiac stent procedures. Up to $30,000 is being sought for each count.

Midei is accused of falsifying medical records so that it would seem as if patients were suffering from clogged arteries. He would then insert mesh stents into their healthy veins. The cardiologist, who made $1.3 million from the Towson hospital during the 2009 fiscal year, denies the allegations.

After finding out about the allegations of Towson medical medical malpractice against Midei, St. Joseph removed him from duty and began investigating. The hospital also issued warning letters to approximately 600 patients letting them know that they may have undergone an unnecessary medical procedure to insert a stent that they didn’t need.

Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis

October 4, 2010 | Lebowitz & Mzhen

A jury has awarded Yesenia Rivera $2.35 million for Maryland medical malpractice. Rivera, now a 28-year-old Silver Springs woman, had to have part of a leg and a portion of a foot amputated after doctors wrongly diagnosed a kidney blockage.

Rivera had first sought treatment at Shady Grove Adventist Hospital for severe stomach pain on August 1, 2006. She was diagnosed with a kidney stone and given pain medicine. Two days later she was back. This time, doctors thought she was either experiencing an ectopic pregnancy that had ruptured or a gallbladder problem. According to the Washington Post, the septic infection that she was suffering from went untreated for hours and spread through her body.

Rivera would go on to develop gangrene. Part of her right foot and part of her left leg had to be removed. She also lost her fingers, which fell off on their own because of a syndrome called “autoamputation.”

Baltimore Medical Malpractice Lawsuit for Gallbladder Surgery Injuries Results in $1.1M Award

September 22, 2010 | Lebowitz & Mzhen

A jury has awarded a 79-year-old woman a $1.1 million Baltimore medical malpractice verdict over injuries she sustained while undergoing gallbladder surgery. In her Maryland medical malpractice lawsuit, Phyllis Rode accused Dr. Chiau-Wen Hsiao of cutting her hepatic duct while taking her gallbladder out. Hsiao is a general surgeon at Franklin Square Hospital.

Rode says that because her bile duct was severed, she had to undergo more surgeries. Also, not only did she spend 10 days in intensive care, but also, she had to wear tubes to drain the ducts for 10 months.

Hsiao had argued that a severed duct is a known complication that can result from a gallbladder procedure. He argued that Rode had given her consent. However, Rhode’s Maryland malpractice lawyers claimed that consent doesn’t matter when a physician fails to provide a patient with at least standard of care.