Our Attorneys Blog About Topics That Are Important to You

No News is Good News? Not When it Comes to Medical Tests.

If your doctor doesn’t call you with the results of your lab work, DO NOT assume it’s good news. Preventing a Virginia Beach medical mistake is in your hands.

Virginia Medical Malpractice Award Upheld for Brain Injured Mother

Despite an appeal by Maryview Medical Center, a Virginia mother, brain damaged by multiple hospital errors following her delivery, has won her lawsuit.

Attack of the Killer Computers: Do computers harm Virginia patients?

Electronic medical records have been found guilty of making high-tech medical mistakes. In Virginia and nationwide, computer mistakes continue to harm patients.

Believe that outpatient procedure errors don’t happen in Va.? Think again!

While most people are not shocked to find that medical mistakes are still rampant in Virginia, many can’t believe that outpatient errors are just as prevalent.

Have you been injured during your hysterectomy in Virginia?

In Virginia, medical errors should not take place, but they do. Have you been affected? Do you need a medical malpractice attorney?

What can you do to prevent a medical mistake in Virginia?

Medical mistakes affect too many patients. The medical community has attempted to end medical errors and accidents for years; yet little has improved. A recent story about a doctor who performed the wrong surgery on a patient resonates with too many in Virginia. Have you been harmed by your doctor or surgeon? Would you like to prevent a medical error? If so read on to learn more about protecting your patient rights.

Virginia Medical Mistake Victim Awarded $3 Million

Virginia law caps medical malpractice suits at $1.5 million. However, a jury recently awarded the victim of a botched hysterectomy twice this amount. Though a negotiation will likely bring the total within the limits of the cap the large sum awarded to the victim shows how serious the surgical mistake was.

Harmed by your Virginia Beach doctor? You are not alone.

The recent slew of cases involving a Virginia Beach doctor forces many of us to revaluate the care we receive. Please read on learn more about the current lawsuit and what you can do if you feel your doctor has acted in bad faith.

Woman with drill bit in her sinus files dental malpractice lawsuit

A Florida woman has filed a dental malpractice lawsuit against her oral surgeon because he left the inch-long burr from a drill bit in her mouth.  The burr eventually traveled up into the woman’s right maxillary sinus, causing her excruciating pain and causing tingling and numbness for almost a year.

 

The woman, Donna Delgado, 35, originally visited the oral surgeon, Ralph Eichstaedt in August of 2008.  At the first appointment Eichstaedt recommended that Delgado have two decaying teeth pulled, and she returned two weeks later to have the procedure performed.

 

Eichstaedt used the drill bit burr to separate the two teeth in order to extract them more easily.  However, the burr became detached from the drill bit and unknown to the surgeon or patient became lost in Delgado’s head.

 

After the procedure Delgado complained of dizziness and numbness on her right side, where unbeknownst to her the burr was lodged in her sinus.  She also suffered from nosebleeds and sinus infections.  According to her attorney, when she complained to the oral surgeon’s practice she was discharged, told the sensations were normal, and to “get over it”.

 

Nearly a year later she sought emergency treatment for the numb feeling from St. Joseph’s Hospital, and upon performing a magnetic scan doctors discovered the burr lodged inside her sinus.  The burr was surgically removed, and surgeons remarked that she was lucky that she was not killed.

What is being done to cut down on preventable medical errors?

Ten years ago the Institute of Medicine (IOM) reported that up to 98,000 Americans were dying every year from preventable medical errors.  The report was the target of criticism from skeptics who contended that the numbers were high, however the it did spur the formation of the modern patient safety movement.

 

So the question must be asked, has patient safety actually gotten better ten years after the IOM first brought the issue of preventable medical mistakes to light?  According to a report issued in the policy journal Health Affairs, there have been improvements in error reporting and quality initiatives led by the Institute for Healthcare Improvement, the Agency for Healthcare Research and Quality, and more.

 

However, despite some movement in the right direction, improvements in patient safety have stalled when it comes to the implementation of information technology improvements.  It seems that IT improvements – which have great promise – have been stymied by organizations and companies that are slow to implement new technology, by the unintended consequences of this new technology, and by unexpected implementation challenges.

 

Another challenge is that there is no way for organizations to track safety information over time.  No matter how hard hospitals and other medical groups try to improve patient care, it will be next to impossible to gauge their progress until they develop a meaningful way to measure improvements in the prevention of medical errors.

When a failure to diagnose leads to a major medical problem

Very often when patients worry about something going wrong at the doctor’s office, they worry about something being done to them – wrong site surgery, badly managed anesthesia, a botched procedure, being given the wrong medication, etc.  What patients don’t always think about is what their doctor should be doing, but isn’t.

 

One very serious form of medical malpractice can be difficult to spot, because it sometimes involves nothing at all.  This type of medical mistake is the failure to diagnose, meaning a medical professional failed to figure out what was really wrong with a patient in time to do something about it.

 

What kind of conditions can a doctor fail to diagnose?  There are many, but some of the more common things that can be missed include:

• Cancer, especially breast, colon, cervical or prostate cancer
• Heart attacks or strokes
• Serious infections
• Appendicitis

 

If a doctor fails to diagnose a serious condition like one of the above, a patient can experience major complications or could die.  Sadly, this happens more often than it should – by some estimates, nearly half of all medical malpractice cases involve a failure to diagnose or a misdiagnosis.

 

Please read more about this issue in our medical malpractice law library article “What might have been: when doctors fail to diagnose a serious medical condition” and contact Tavss Fletcher if you need help with your medical mistake case.

Was a Virginia Beach Doctor Responsible for 5 Patient Deaths?

The allegations are shocking: a Virginia Beach doctor is accused of contributing to the death of at least five of his patients.  What is worse is that it took the Virginia Board of Medicine nearly five years after one patient’s family complained to take any public action.  In August 2008, Dr. Stephen Plotnick’s license to practice medicine was finally suspended by the board.

 

Dr. Plotnick specialized in the very painful disease fibromyalgia, and was known to aggressively treat patients with powerful narcotics.  However, family members of some deceased patients contend that his approach was so aggressive that it could have contributed to some of his patients’ deaths.

 

Consider the details about the five patients who died while under Dr. Plotnick’s care:

·        Teresa Parker died from “acute combined oxymorphone and amphetamine poisoning.” A $5 million lawsuit was filed in January by Parker’s widower.

·        Harold McDuffie II died from an overdose of narcotics. McDuffie’s widow filed a lawsuit, and Plotnick settled the case in June 2008 for an undisclosed amount.

·        Taryn Holland was found dead of an overdose of methadone and other drugs, including drugs prescribed by Plotnick on March 19 2008.

·        Patient M’s dosage of oxycodone was allegedly doubled by Dr. Plotnick, however she was given no proper instructions. She died two days later.

·        Patient O died of an overdose of drugs that included narcotics Plotnick had prescribed during her last visit on Feb. 11, records show.

 

The case against Dr. Plotnick begs the question: is the Virginia Board of Medicine adequately protecting patients from rogue or negligent doctors?  You can read more about the implications of this case in our library article, “How Effective is the Virginia Board of Medicine at Protecting Patients from Malpractice?”

When a Doctor or Hospital Causes Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy is a type of birth injury that can lead to a permanent disability, such as cerebral palsy or mental retardation.  This birth injury refers to the damage done to the cells in the central nervous system (brain and spinal cord) caused by lack of oxygen.  If your baby has been diagnosed with hypoxic-ischemic encephalopathy, you need to find out what caused the oxygen deprivation that led to this serious injury.

When there is a lack of oxygen to an infant’s brain, after only five minutes the brain cells will begin to die.  In cases involving babies, birth injury is the most frequent cause of hypoxic-ischemic encephalopathy.

During the labor and delivery process, errors can occur.  Hospitals and doctors sometimes make mistakes that affect expectant mothers and babies.  Birth injuries can result from a delayed C-section or a prolonged birth.  If the infant is in the birth canal too long, the umbilical cord was prolapsed, fetal heartbeat was misread or if the doctor did not respond promptly to a complication, the baby can be injured.  Any of these events can lead to a lack of oxygen, which can cause brain damage in infants.

Not every case of hypoxic-ischemic encephalopathy is the result of hospital error or doctor error, but there are some cases that could have been prevented if the appropriate measures had been taken.  If you are not sure what caused your baby to experience hypoxic-ischemic encephalopathy, you should have an experienced Virginia medical malpractice lawyer review your case.  The medical malpractice attorneys at Tavss Fletcher will be able to look at the details of your case to determine who was at fault and if you are entitled to compensation for your child’s injuries.  Contact Tavss Fletcher today at 757-625-1214 today to review your case.   

The article, Hypoxic-Ischemic Encephalopathy Caused by Medical Errors, has more information on this topic.

When Cerebral Palsy is Caused by Hospital or Doctor Error

As a parent of a child with cerebral palsy, you know how difficult it can be to cope with the disorder.  You probably never imagined that your child would be afflicted with such a devastating disorder and may be wondering what caused it. 

Cerebral palsy can affect a child’s ability to perform voluntary movements and can also impact muscle coordination.  Some individuals with cerebral palsy have stiff or tight muscles and exaggerated reflexes.  Unfortunately, there is no cure for cerebral palsy.

Cerebral palsy is the result of brain damage and symptoms usually surface shortly after birth or early in childhood.  Brain damage that leads to cerebral palsy can be caused by infections, long labor and delivery, birth defects, seizures, premature birth, lack of oxygen, low birth weight, bleeding in the brain or genetic conditions.  Cerebral palsy has also been linked to birth injuries resulting from errors made by doctors and/or hospitals.

Doctors and hospitals sometimes make mistakes that lead to cerebral palsy.  Some of these catastrophic errors include leaving the infant in the birth canal too long, failure to treat seizures, improper use of forceps or vacuum extraction and failure to detect a prolapsed cord.  When a doctor delays a C-section or doesn’t promptly address complications during labor and delivery, the risk of birth injury increases, which also raises the likelihood of the child developing cerebral palsy.

If your baby has been diagnosed with cerebral palsy and you believe that hospital error or doctor error could have contributed to your child’s disorder, you need to talk with a medical malpractice attorney.  The experienced medical malpractice lawyers at Tavss Fletcher can review the details of your case to help you determine the cause of your child’s disorder.  Call us today at 757-625-1214 for legal advice regarding your child’s cerebral palsy case.

The article, Cerebral Palsy Caused by Birth Injury, has more information on this subject.

Heart Attacks Are Often Misdiagnosed

Every year, almost half a million Americans die of a heart attack.  It has been estimated that one in 50 heart attack victims are sent home by emergency room doctors.  Heart attacks that go undiagnosed can lead to serious problems and often times, death.  When a doctor fails to take the appropriate measures to identify a heart attack, the situation is considered medical malpractice.

Undiagnosed heart attacks account for the highest medical malpractice settlements.  Errors made by doctors when it comes to detecting a heart attack carry severe consequences.  Many times, a death caused by a misdiagnosed heart attack could have been prevented.  Doctors believe that the number of people who die each year of misdiagnosed heart attacks is very high.

Stories are frequently circulated about patients who are sent home after going to the hospital complaining of symptoms associated with a heart attack.  A story appeared in USA Today a couple of years ago about a man who was taken by ambulance to the hospital with chest pains and shortness of breath, only to be sent home by the emergency room doctor who diagnosed the patient with anxiety.  Within 24 hours the man died.  His wife was quoted in the article as saying she felt like more could have been done to save her husband.

It is important to be familiar with the warning signs of a heart attack.  According to the American Heart Association, these symptoms include chest discomfort, discomfort in other areas of the upper body, shortness of breath, breaking out into a cold sweat, nausea and lightheadedness.  If you or a family member experiences any of these symptoms, emergency medical attention is crucial.

Hospitals and doctors can be held liable for misdiagnosed heart attacks.  An experienced medical malpractice attorney can build a case based on the evidence to help you receive the compensation you deserve.  Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your medical malpractice case.

The article, Undiagnosed Heart Attacks, has more information on this subject. 

Dental Malpractice Cases

You never would have imagined that you would become the victim of malpractice when you went to see the dentist.  Your routine dental procedure may have gone terribly wrong, causing you severe pain and serious injuries.  The dentist can be held liable if his or her actions were negligent, which ultimately caused your injury.

Dental malpractice can be defined as a lack of reasonable care or negligence by a dental professional.  As a patient, the dentist owes you a duty to provide a standard level of care that is consistent with the dental industry.  When you are injured by dental malpractice, you could end up with permanent damage.

Some of the types of dental malpractice include failure to diagnose oral cancer or disease, nerve damage to the tongue, jaw, lip or chin, oral surgery error, infection, permanent numbness in the tongue and complications from anesthesia.  Most often, these situations are preventable.

It is not always easy to identify dental malpractice and not every side effect of dental work falls into that category.  Dental malpractice exists when you receive an injury that was the direct result of dentist’s negligence, which caused you to suffer either physically or financially.  When a dental procedure, such as a root canal, goes wrong, you may incur many more expenses to correct the problem.   A successful dental malpractice case against your dentist can help cover your medical bills.  A dental malpractice lawsuit may also entitle you to compensation for pain and suffering, lost wages, inconvenience, disfigurement and mental suffering.

If you are not sure if your injury was caused by dental malpractice, you should contact a dental malpractice attorney who can review your case.  The dental malpractice lawyers at Tavss Fletcher can help you recover damages for your dental malpractice case.  Call (757) 625-1214 for expert legal advice. 

The article, What is Considered Dental Malpractice?, has more information regarding this topic.