Seattle Personal Injury Lawyer - Medical Malpractice

Medical Malpractice Lawsuit Filed Against Carnival Cruise Line

Michael Myers — Thu, 27 Sep 2007 16:11:26 GMT

A recently filed lawsuit in the Federal Court in Miami alleges that the medical staff aboard the Carnival Legend, a ship that is part of the Carnival Cruise Line, committed medical malpractice. On September 6, 2006 cruise passenger, Helen Kerr, 73, was reportedly misdiagnosed and mistreated while suffering from a fluid buildup in her lungs.

According to the complaint, Ms. Kerr went to the infirmary on the ship where they pumped her full of more fluid, causing her to drown.

Holland America and other carriers have long sought to immunize themselves from liability by trying to characterize their doctors as independent contractors. However, courts are increasingly willing to hold cruise lines like Holland America negligent for treatment provided aboard ship which falls below the standard of care.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Michael Myers

Pharmacist Malpractice on the Rise

Michael Myers — Sun, 23 Sep 2007 09:11:43 GMT

With our aging population more and more people are filling prescriptions. That's one of the reasons that incidents of pharmacy malpractice are on the rise.

A recent decision in Florida, in a case involving pharmacy malpractice, is notable:

It took just three hours of deliberation for a Florida jury to award $28.5 million to the family of a woman who suffered a suffered a massive cerebral hemorrhage after being given the wrong prescription at a Walgreens pharmacy.

In Washington, a pharmacist's duty with respect to filling prescriptions was set forth in McKee v. American Home Products, 113 Wn.2d 701, 782 P.2d 1045 (1989). In that case, the defendant pharmacists had, over a period of some 10 years, filled the plaintiff's prescription for an appetite suppressant without warning her of the possible adverse side effects of long-term use of the drug, such as addiction. She sought damages from the pharmacists for injuries resulting from her addiction to the drug.

The Supreme Court affirmed summary judgment in favor of the pharmacists. Addressing the issue for the first time, the court determined that "[r]equiring the pharmacist to warn of potential risks associated with a drug would interject the pharmacist into the physician-patient relationship and interfere with ongoing treatment. We believe that duty, and any liability arising therefrom, is best left with the physician." McKee, 113 Wn.2d at 712.

The court noted that the physician is in the best position to determine the proper drug therapy and to decide how and when to inform a patient of its risks and benefits, and held:

The pharmacist still has a duty to accurately fill a prescription, and to be alert for clear errors or mistakes in the prescription. The pharmacist does not, however, have a duty to question a judgment made by the physician as to the propriety of a prescription or to warn customers of the hazardous side effects associated with a drug, either orally or by way of the manufacturer's package insert. McKee, 113 Wn.2d at 720 (citation omitted).

In light of the law in Washington, a case for malpractice can be maintained against a pharmacy or a pharmacist if (1) the wrong prescription is given/filled or (2) the pharamacist follows the doctors instructions but the doctor's instructions are clearly wrong.

Originally posted at InjuryBoard by Michael Myers

Heart Attacks Often Misdiagnosed

Mark McLean — Fri, 17 Aug 2007 07:49:01 GMT

Heart attacks are a leading cause of death in America. Sadly, however, they also could be prevented in many cases. Diet and exercise are the best forms of prevention. But sometimes heart attacks occur because doctors misdiagnose them and their warning signs. Recent articles suggest that misdiagnosis often occurs because health care organizations are focused on the bottom line.

When patients enter a hospital or an emergency room, doctors have a professional obligation to perform all the routine tests that will either diagnose heart disease or rule it out. When profit is put ahead of patient care, doctors may not take the required time to do their jobs thoroughly and effectively.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Mark McLean

Jury Awards $4.5 Million to Family of Misdiagnosed Artist

Mark McLean — Tue, 31 Jul 2007 09:57:57 GMT

A Clark County jury last week awarded $4.5 million to the family of late artist Craig Pozzi. According to the jury, Mr. Pozzi's doctors had misdiagnosed his condition for years. They diagnosed his symptoms as anxiety attacks when in fact the episodes were small seizures occurring as a result of the large brain tumor.

Doctors testified during the two-week trial that if Pozzi's tumor had been diagnosed in 1994, when he first sought treatment, he could have lived 15 to 25 years.

With all the controversy over "tort reform" in the last few years, the victims get lost in the shuffle. According to the jury, had Mr. Pozzi's condition been diagnosed when it should have, he would have lived an additional 15-25 years. This occurred through no fault of his own and at the hands of someone he trusted. It is fair to put a monetary cap on the value of 25 years of one's life?

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Mark McLean

Loss of Chance

Michael Myers — Wed, 03 Jan 2007 08:14:59 GMT

The doctor fails to diagnose your cancer. The doctor didn't cause your cancer. But what he caused was for you to lose the chance of getting better.

A Washington decision called Herskovitz v. Group Health Cooperative of Puget Sound is the leading case in this area of professional liability.

In Herskovitz, plaintiff had visited the defendant's hospital with complaints of chest pain and coughing in early 1974. In July 1975, the patient consulted a private physician who diagnosed lung cancer. The cancerous lung was surgically removed; however, the cancer metastasized and the patient died in 1977. Assuming the negligence of the defendant in failing to diagnose the cancer in 1974, the court was faced with a dilemma.

Had the cancer been diagnosed in 1974, the patient's chances of surviving a "Stage One" lung cancer were thirty-nine percent. By the time the cancer was actually diagnosed it had become a "Stage Two" cancer, however, and the statistics for survival had dropped to twenty-five percent. Thus, the patient suffered a reduction in his chance of survival as a result of the negligent diagnosis. The harm is the loss of the chance of recovery. Damages are expressed by multiplying the value of a "lost life or limb" (as the Courts express the issue) by the chance of recovery lost.

Loss of chance cases frequently involve cancer but can also arise from any variety of other conditions.

Originally posted at InjuryBoard by Michael Myers

The Headline Read: "State Yanks License of Local Dentist"

Michael Myers — Thu, 21 Dec 2006 13:54:33 GMT

The headline is dramatic. But part of what makes it dramatic is how unusual it is for there to be any publicity regarding disciplinary action taken against dental or health care providers.

In this particular instance the State reported that it took action because Joel Diven committed one of the worst acts of dental malpractice they've ever seen--in fact, Dr. Diven almost killed his patient while pulling a tooth.

But what happens to the other other dentists and physicians who commit malpractice in less dramatic ways? There is precious little oversight and even less discipline for the bad apples.

That's way it so important that victims and their families pursue medical negligence claims when care falls below the standard of care--it's really the only way to weed out dentists and doctors who should not be practicing.

Originally posted at InjuryBoard by Michael Myers

Physician Accused of Operating Needlessly

Michael Myers — Wed, 20 Dec 2006 12:07:02 GMT

A Seattle physician's medical license has been suspended over allegations that he performed spinal surgeries on three patients who didn't need them, permanently injuring them.

Dr. Solomon Kamson is an anesthesiologist who practices at the Spine Institute Northwest in Bothell. Did not inform the patients that he "did not have the same training, experience and knowledge as a surgeon," nor did he inform them of risks of the procedures.

Our office is handling these cases by suing for battery and violation of the consumer protection act rather than as traditional medical malpractice cases

Originally posted at InjuryBoard by Michael Myers

Wrong Site Surgery

Michael Myers — Sun, 27 Aug 2006 18:41:52 GMT

A USA Today article reports that the frequency of wrong-site surgery is increasing. The problem is "getting worse" and, because of underreporting, one expert states that: "I can assure you that this is just the tip of the iceberg." The USA Today points out the obvious when it observes "It is such a catastrophe when this [wrong site surgery] happens."

Wrong site surgeries happen for a variety of reasons. Radiologists make mistakes. Surgeons make mistakes. Nurses make mistakes.

When a wrong site surgery happens, a medical malpractice claim should be brought.

Originally posted at InjuryBoard by Michael Myers