Medical: August 2009 Archives

Sheila Matthews’ medical malpractice lawsuit alleges she suffered from progressive neurological deterioration after she was admitted to NCH North Naples Hospital, FL, on March 29, 2005. Six days later, she was transported to NCH Downtown Naples Hospital for a lumbar magnetic resonance imaging (MRI). Two days later, another MRI found a large epidural abscess on her spine. A neurological consult was immediately requested and decompressive surgery was performed to remove it. But it was too late: Matthews had suffered severe, permanent neurological dysfunction.

Among the lawsuit’s allegations are that the defendants were negligent for failing to perform proper nursing assessments; not notifying doctors of significant changes in her condition; failing to perform timely MRIs; not documenting nursing assessments; not admitting her into the intensive care unit for close monitoring; and failing to identify and recognize Matthews’ progressive neurological condition. The lawsuit alleges defendants didn’t follow Vickers’ orders to perform cervical and thoracic MRIs. If the lumbar MRI was interpreted as normal, Vickers wanted the other MRIs to rule out a bacterial abscess.  Jurors have heard videotaped depositions, including internist Sunil Pandya’s, and testimony from medical experts who have been cross-examined by each doctor’s defense attorney.

Excerpted from Naplesnews.com.

A Nassau, NY, judge reiterated her earlier decision to allow Brandon Hampson, 39, of Coram, NY, to use the so-called Zoloft defense at his upcoming trial. His attorney plans to argue that once the defendant discontinued use of the antidepressant medication, he became violent and beat his ex-girlfriend.  District Court Judge Rhonda Fischer said Friday, for the second time, she will permit a psychiatry expert witness, to testify at trial that a withdrawal from Zoloft, a widely prescribed antidepressant, could cause a person to become hostile and aggressive.

Hampson is accused of punching and kicking his former girlfriend, Lisa Essling, 28, of Malverne, on Aug. 25, 2006. Hampson "had stopped taking Zoloft" at least several days before he attacked Essling and the withdrawal from the pill made him violent, defense attorney Eric Bernstein said.

Excerpted from www.newsday.com.

The Texas' Ninth Court of Appeals has been tasked to decide whether or not an Orange, TX, couple's medical report meets Texas Civil code requirements.  Ivalyn and Lee O. Anderson  sued eight doctors and three hospitals, alleging Mrs. Anderson suffered from a stroke after doctors inserted a central line into her veins.  During her chemotherapy treatment in 2006, Ivalyn suffered a stroke and a traumatic rupture of her subclavian artery, causing severe injuries to her brain and heart, they say.  To substantiate their claims, the plaintiffs submitted the expert reports of Drs. Louis Silverman and Joel Meyer. It is a requirement under Texas' Civil Code to submit an expert report when filing a medical malpractice claim.  The defendants objected to the validity of the expert reports and filed a motion to dismiss.

Some of the defendants in the couple's suit, which was filed in Jefferson County, include Dr. Samuel J. Pangburn, who inserted the subcutaneous central venous line in Ivalyn's heart; the Julie and Ben Rogers Cancer Institute, Memorial Hermann Baptist Beaumont Hospital and Memorial Hermann Baptist Orange Hospital, all places where Ivalyn received nursing care.

Excerpted from TheSoutheastTexasRecord.com. 

In Think Twice Before Accepting An Expert Witness Offer, Hospitalist.com writes:

Understand that our judicial system holds that a physician in the same field as the defendant is the most qualified to determine whether the defendant met the standard of care. Standard of care is what is reasonably expected of a physician in that field given the circumstances. So if the defendant is a hospitalist, the attorneys are looking for an expert witness who is also a hospitalist. Seems like a reasonable system, right? Individuals are judged by their peers. But the system is far from perfect.

Critics point out the system is inherently flawed when we rely on “experts” to help us determine the standard of care. Aside from working in a given field of medicine, there are no specific qualifications to be an expert witness. Unfortunately, not all experts are experts, and not all experts are completely honest. And there can be a lot of money at stake. Plaintiffs attorneys and defense attorneys, along with expert witnesses for both sides, stand to profit from lawsuits. All of this drives up the cost of medical malpractice premiums.

In Think Twice Before Accepting An Expert Witness Offer, Hospitalist.com writes:

Most physicians complete medical school and postgraduate training without firsthand knowledge of our legal system. Unfortunately, a number of physicians become defendants in medical lawsuits during their professional careers. I hear with increasing frequency about hospitalists being sued for alleged medical malpractice. I am not surprised. This is not an indictment against hospital HM, but more a matter of probability. There are at least tenfold more hospitalists today than 10 years ago.

To be clear, I am not an attorney, nor do I have any formal legal training. I suggest you speak with an attorney if you have questions about the law. Laws vary from state to state, but for the most part, plaintiff attorneys and defense attorneys retain expert witnesses to help them determine the merits of a lawsuit. Did the defendant have a duty to treat the patient? Was there a breach of the standard of care? What were the damages, and were they due to the defendant’s actions or lack of action?