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New Orleans Medical Malpractice Law Blog

Couple awarded $12.25 million in medical malpractice lawsuit

Many Louisiana residents can understand the feelings of fear and anxiety that arise when they are handed a cancer diagnosis. Most people in this position likely worry about how the illness will affect their lifestyle in the future and even whether they will have much longer to live. A man in another state not only had to endure such thoughts but also underwent surgery to treat the problem, only to discover he was a victim of misdiagnosis. He and his wife were recently awarded $12.25 million in a medical malpractice suit.

The incident happened at a medical clinic where a pathologist mixed up two patients' tissue samples, leading to an incorrect diagnosis. Believing he had cancer, the 67-year-old man underwent surgery to have his prostate removed. A different pathologist examined the gland after it was removed and found it to be free of cancer. Once the mistake was discovered, the patient who actually had cancer was informed, but by that time, unfortunately, his treatment had been delayed for at least four months.

Women recorded during procedures claim hospital negligence

A person entering a medical facility as a patient may have many reasons for doing so: medical consultation, childbirth, surgery or some other necessary procedure. No matter the purpose, all patients, whether in Louisiana or elsewhere, have the right to expect privacy during such times. However, at least 80 women have filed a lawsuit against a hospital in another state, accusing the facility of hospital negligence, as well as invasion of privacy and the unlawful recording of private information.

The patients discovered the medical facility had installed cameras in three of its operating rooms, and a class-action lawsuit was originally filed against the hospital in 2016. The women allege they were recorded during various procedures, some including childbirth, without their knowledge or consent. Reportedly, a court denied the class-action certification, but at least 80 women recently refiled. According to the lawsuit, the hospital recorded 1,800 patients, both conscious and unconscious and in partial states of undress, between July 2012 and June 2013.

Parents file medical malpractice lawsuit claiming misdiagnosis

Louisiana parents will likely attest to feeling some distress during a time when their child was in pain or discomfort of some sort and required medical intervention. When such situations occur, a parent not only hopes that a medical professional will take quick action to remove the pain, but also that he or she will deliver a proper diagnosis to get to the root of the problem in a timely manner. This way, the necessary treatment can begin before the situation worsens. Unfortunately, a family in another state did not encounter this type of experience when they took their 4-year-old to a doctor for testicular pain, and the parents recently filed a medical malpractice lawsuit.

According to court filings, the mother took her young son to the emergency room in June 2016 with testicular pain, among other symptoms. The doctor diagnosed him with constipation and, according to the lawsuit, did not examine his testicles. Two days later, the mother returned to the hospital with the boy, and after doctors examined his testicles using ultrasound, he was found to have problems, including left testicle torsion. The Kids Health website states that this situation requires immediate surgery in order to save the testicle. Following the diagnosis, the child was sent to another hospital where he underwent surgery to remove the testicle.

Severely disabled woman files medical malpractice lawsuit

Louisiana residents who have checked into a hospital with health issues of any sort know that often medical professionals order testing of some kind in order to properly diagnose the problem. However, when the required test is not immediately available, the patient may suffer consequences. Unfortunately, sometimes these consequences can be very serious, leaving the patient believing that the situation would have been quite different had the necessary action been taken earlier. Such was the case for a severely disabled woman from another state who recently filed a $4.6 million medical malpractice lawsuit against a hospital.

According to the lawsuit, in April 2017, the woman experienced symptoms that may have indicated a stroke. After she checked into a local hospital for treatment, a doctor told her an MRI would be necessary to determine if she had indeed had a stroke. However, the doctor told her the MRI would not be available for two days.

Parents settle for $750,000 in medical malpractice lawsuit

Most Louisiana parents can likely recall a time when their child was sick and they were challenged to use their best judgment in a very difficult and stressful situation. Typically, in the event of a health scare, parents also rely on a medical professional to provide expertise in making a decision about treatment. However, sometimes parents and professionals alike can make the wrong decision, and sadly, sometimes the results are tragic. Recently, a couple in another state settled for $750,000 in a wrongful death and medical malpractice lawsuit after their 14-month-old daughter died following treatment for croup at a federally qualified health center.

According to the lawsuit, in Jan. 2016, the mother took the infant to the health center with obvious signs of respiratory distress, a high fever and a barking cough. The lawsuit states that a physician's assistant at the facility advised the mother to take the child home with a prescription rather than taking her immediately to a hospital emergency department. According to court documents, she did not provide appropriate care. Shortly after returning home, the girl stopped breathing and went limp. She was taken to hospital where medical staff told the parents if their daughter survived, she would be seriously impaired for life; five days later, she died of hypoxic brain damage.

Former inmate files medical malpractice lawsuit

Louisiana residents experiencing any type of physical or mental symptom that perhaps indicates a medical abnormality of some sort should be able to assume they can consult with a medical professional and receive the attention and care required. However, this is not always the case. A former inmate from another state is claiming medical malpractice caused him to endure a lengthy hospital stay and suffer from lasting spinal damage. He recently filed a lawsuit against the state, the state's corrections department, and the health care organization responsible for providing medical care at the facility in which he was incarcerated.

Last winter, during his incarceration, the 52-year-old inmate began experiencing pain throughout his lower back and both legs, affecting his ability to walk. He also complained of chills, nausea and trouble urinating. According to the lawsuit, medical staff at the infirmary treated him for a urinary infection, but did nothing to treat his other symptoms and did not refer him to specialized care. Several weeks later, after his release from prison, he landed in a local emergency room with an inflamed and infected spine and stayed in hospital for 35 days.

Parents file malpractice lawsuit due to birth injury

Most Louisiana parents understand the joy of bringing a healthy baby home from the hospital since they have personally experienced such an event. However, not all parents are so fortunate. Sadly, sometimes a birth injury occurs at some point during the birthing process, and while some of these cases can be explained as simply nature taking its course, others can be attributed to negligence on the part of the medical professionals involved.

A couple in another state experienced what was perhaps the most traumatic event of their lives when their baby boy was born with significant brain damage. They recently filed a medical malpractice lawsuit against the hospital as well as the entity that operates it. According to the suit, the mother began labor and was admitted to hospital in Nov. 2016, and after she expressed her desire to experience a vaginal birth, staff started her on Pitocin to induce labor. Throughout labor, staff adjusted the Pitocin levels, and at some point, noted the baby's heart rate was fluctuating, but they continued to administer the drug. Doctors also gave her antibiotics during labor to treat a bacterial infection, and when the baby was born several hours later, he required resuscitation.

Medical malpractice: woman awarded nearly $14 million

Louisiana residents likely all agree that children should be allowed a healthy, active childhood. Unfortunately, some children miss out on this experience and instead have to endure medical issues they should never have to face at such a young age. A now 22-year-old woman in another state was only 12 years old when she underwent a heart transplant. Following a subsequent surgery several years later, she requires others to care for her. She was recently awarded nearly $14 million in a medical malpractice lawsuit.

In 2007, the woman experienced a heart transplant, and six years later, in 2013, she required another surgery to replace a fractured stent in her heart. She then underwent an elective cardiac catheterization. During the surgery, the doctors found they did not have enough stents on-site, and the surgery became a longer procedure than usual as they looked to another hospital for stents. They eventually used a different kind of stent; however, the surgery lasted four hours.

Parents claim hospital negligence led to death of their baby

When a couple, whether in Louisiana or elsewhere, is preparing for the birth of their child, they typically envision a beautiful and positive experience for everyone involved, and they assume it will result in them taking home a healthy newborn baby. Sadly, for some people, this vision does not become their reality. Such is the case with a couple in another state who are claiming hospital negligence led to the death of their baby three days after birth. The parents recently filed a lawsuit against the hospital, claiming negligence as well as negligent infliction of emotional distress. They are asking for $10 million in damages.

The incident happened in Nov. 2016. The woman was admitted to the hospital after labor began earlier that day. According to the lawsuit, during labor, a midwife expressed concern about accelerations in the fetal heart rate, which can indicate fetal distress. Under such conditions, according to the American Pregnancy Association, an obstetrician may order an emergency cesarean section in order to accelerate the delivery. The suit alleges that the nurses and midwife failed to notify an on-call obstetrician about the condition of the fetus, and that they neglected to use a fetal scalp monitor, which would have given a more accurate picture of the fetal heart rate.

Did medical malpractice lead to woman's untimely death?

When a person in Louisiana or elsewhere requires medical attention for any reason, regardless of location or station in life, he or she has the right to expect optimum care. However, a situation that happened recently in another state led one family to think that perhaps sometimes some patients are treated differently than others. Reportedly, the family of a woman who died while in custody are claiming medical malpractice and plan to sue the jail, a doctor and medical practice that they believe are responsible for her death.

The 31-year-old woman died at a detention center in Aug. 2017, only days after arriving at the facility and admitting to using injectable drugs. According to court documents, she began experiencing withdrawal symptoms shortly after admission, which reportedly continued for the next few days and included nausea, vomiting and increasing anxiety and irritability. Although she received temporary care at the in-house medical facility, her withdrawal symptoms continued. Reportedly, she began experiencing hand spasms, which apparently had been a symptom during previous withdrawal periods. Apparently, after medical personnel prescribed a muscle relaxant, the patient was told to drink more water and report to a nurse if the spasms continued.

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