Medical negligence

Law Reporter, May 2002

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.

Improper administration of Dilaudid

Settlement on behalf of a woman who was left in a permanent vegetative state after suffering brain damage while hospitalized for treatment of an intestinal condition. She sued the hospital, alleging nurses had negligently overdosed her on an intravenous version of the narcotic Dilaudid. *Eugene I. Pavalon, Chicago, Ill., represented plaintiff.

Johnson v. Weiss Mem'l Hosp., Ill., Cook County Cir. Ct.,

No. 01 L 6581, Mar. 13,2002.

Failure to order postoperative tests

Settlement on behalf of a woman who, after undergoing a hysterectomy, died of multi-organ failure precipitated by hypovolemic shock and cardiac arrest. Her estate sued the treating gynecologist, alleging failure to order adequate postoperative tests, properly monitor the woman after the surgery, and adequately communicate with an on-call physician. *Elizabeth F. Kuniholm, Raleigh, N.C., and Annie L. Sullivan, Chapel Hill, N.C., represented plaintiff.

Doe v. Roe, N.C., confidential court and docket no., Dec. 18,2001.

Pediatrician could be liable to parents whose third child inherited blood disease

The Supreme Court of Virginia held that a pediatrician and his professional corporation could be liable to a couple for failing to tell them before they had a third child that tests indicated the couple's second child carried the genetic trait for sickle cell disease. *Thomas W. Williamson Jr., Richmond, Va., represented plaintiffs. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Williamson.

Didato v. Strehler, 554 S.E.2d 42 (Va. 2001).

Untimely diagnosis of epidural hematoma

Structured settlement for a man who suffered cauda equina syndrome caused by spinal cord compression diagnosed while he was recovering from spinal surgery. The man and his wife sued a hospital, alleging, among other things, failure to timely diagnose an epidural hematoma that was causing the cord compression. *Clifford Britt, Winston-Salem, N.C., and *Melissa Pollock, Wilmington, N.C., represented plaintiffs.

Doe v. Roe, N.C., confidential court and docket no., Jan. 2002.

Supervising physician at teaching hospital may be liable to patient with whom he had no contact

The Ohio Supreme Court held that a physician who agreed to provide resident supervision at a teaching hospital may be liable to a patient with whom the physician had no direct or indirect contact. Plaintiff was represented by Sandra J. Rosenthal, Cleveland, Ohio; *Andrew S. Muth, Ypsilanti, Mich.; *Jack Beam, Littleton, Colo.; and Robert D'Anniballe Jr., Weirton, W. Va. Amicus curiae counsel were *A. William Zavarello and *Rhonda G. Davis, both of Akron, Ohio.

Lownsbury v. VanBuren, 762 N.E.2d 354 (Ohio 2002).

Unnecessary labioplasty

Verdict for a woman who suffered emotional distress after undergoing a labioplasty-cosmetic reduction of the labia-- to which she had not consented. She sued a gynecologist, alleging the surgery had been unnecessary and negligently performed. *Frank I. Powers, Phoenix, Ariz., represented plaintiff.

Doe v. Roe, Ariz., Maricopa County Super. Ct., No. CV2000-018979, Feb. 13, 2002.

For a case alleging lack of informed consent for breast augmentation surgery, see Perry v. Saw, 14 PNLR 67 (May 1999). *David Bricker, Santa Monica, Cal., represented plaintiff. Documents in Perry are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Bricker.