Medical negligence

Law Reporter, May 1999

ATLA's Professional Negligence Law Reporter includes a broad range of medical negligence cases. Here are examples of the kinds of cases appearing in each issue of PNLR

Patient's withdrawal of consent for vaginal delivery obligated physician to discuss available treatment options The Wisconsin Supreme Court held that under the state's informed consent statute, Wis. STAT. 448.3, an obstetrical patient's revocation of consent for a vaginal delivery while she was in labor required the attending obstetrician to again discuss available treatment options with her. * D. James Weis, Rhinelander, Wis., represented plaintiffs in this case.

Schreiber v. Physicians Ins. Co. of Wis., 588 N.W.2d 26 (Wis. 1999).

Failure to timely diagnose and repair postoperative bowel perforation

Settlements and a postverdict settlement for a woman who required amputations of her fingers and legs after suffering septic shock following laparoscopic surgery to treat a bowel obstruction. After her death from unrelated causes, her husband, individually and on behalf of her estate, sued a hospital, a general surgeon, and an assistant surgeon who participated in the laparoscopy, alleging failure to diagnose and repair a bowel perforation. *Alexander B. Klein III and *J.D. Johnson, both of Houston, Tex., represented plaintiffs.

Baker v. Hadad, Tex., Harris County 80th Jud. Dist. Ct., No. 97-03250, Dec. 1998.

ERISA did not completely preempt plaintiffs claims against doctor and HMO

A U.S. district court held a man's claims alleging negligent vasectomy against a doctor and health maintenance organization (HMO) are not completely preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 etseq. *Bruce E. Pasternack and Valerie A. Chang, both of Albuquerque, N.M., represented plaintiff. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Pasternack.

Herrera v. Lovelace Health Sys., Inc., No. CIV 98-1250 MV/LG, 1999 WL 66210 (D.N.M. Jan. 28,1999).

Improper administration of Ephedrine

Verdict on behalf of a man who died after an anesthesiologist administered Ephedrine in an attempt to resuscitate the man during a code blue. The man's wife, individually and on behalf of his estate, sued the anesthesiologist, alleging, among other things, that defendant should have administered the drug more quickly and in larger increments. *Paul I. Nemoy, Chicago, Ill., represented plaintiffs. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Nemoy.

Doss v. Alcantara, Ill., Cook County Cir. Ct., No. 95 L 6747, Feb. 3,1999.

Wrongful death claims under FTCA accrue when plaintiff is-or should be aware of injury and its cause

The Eleventh Circuit Court of Appeals held that under the Federal Tort Claims Act (FTCA)'s two-year statute of limitations period, 28 U.S.C. sec2401(b), wrongful death claims do not accrue until plaintiff knows--or in the exercise of reasonable diligence should know-of an injury and its cause. Todd R Schwartz, Miami, Fla., represented plaintiffs in this case.

Diaz v. United States, 165 F.3d 1337 (llth Cir. 1999).

Failure to perform cesarean section

Verdict for a child who was diagnosed as having Erb's palsy after her delivery, in which shoulder dystocia was encountered. The child's mother, on her behalf, sued an obstetrician and his practice group, alleging failure to perform a cesarean section and use of excessive traction. *Ronald M. Papell, Los Angeles, Cal., represented plaintiff

Cuellar v. Rauld, Cal., Los Angeles County Super. Ct., No. VC023712, Feb. 4,1999.

Injection of patient with formalin instead of anesthetic Settlement for a woman who suffered lost nerve sensation in her right foot and required numerous surgeries after she was injected with formalin-a formaldehyde-containing solution-before undergoing surgery. She and her husband sued the surgeon, his practice group, and a hospital, alleging negligence, res ipsa loquitur, and assault and battery, among other claims. *Joe K Crews, Austin, Tex., represented plaintiffs.

Luvaul raul v. Healthsouth, Tex., Travis County 201st Jud. Dist. Ct., No. 97-00178, Mar. 1,1999.