Medical negligence

Law Reporter, Sep 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 vacuum extraction

Settlement for a child who suffered brain damage during his delivery. He and his mother sued the attending obstetrician, alleging she had negligently performed a vacuum extraction when she knew or should have known there was potential cephalopelvic disproportion. *Andrew E. Greenwald, Greenbelt, Md.; and *Arthur C. Johnson and *Douglas G. Schaller, both of Eugene, Or., represented plaintiffs in this case.

Doe v. Roe, confidential state, court, docket no., and date.

Comment. For another case alleging improper vacuum extraction, see Skonieczny v. Gardner, 44 ATLA L. Rep. 269 (Sept. 2001). *Patrick A. Salvi and *Michael P. Schostok, both of Waukegan, Ill., represented plaintiffs. Documents in Skonieczny are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Salvi.

Physician owed no duty to mother of children injured in accident caused by patient taking prescribed drug

An Oklahoma appellate court held that a physician did not owe a duty to the mother of two children who were injured in an automobile accident caused by a patient to whom the physician had prescribed Xanax.

Johnson v. Fine, 45 P.3d 441 (Okla. Ct. App. 2002).

Failure to properly treat abnormal mole

Settlement for a man who was diagnosed as having malignant melanoma and a 30 percent chance of survival after a dermatologist allegedly told him the results of a mole biopsy were negative. The man sued the dermatologist, alleging he had improperly treated the mole by, among other things, failing to reexcise it to clear margins. *W. Joseph Dozier Jr., Charlotte, N.C., represented plaintiff.

Forrest v. Waldman, N.C., Mecklenburg County Super. Ct., No. 00-CVS-19190, Feb. 4, 2002.

Comment: For a case alleging failure to diagnose malignant melanoma, see Dorsey ro. Lan&erani, 43 ATLA L. Rep. 269 (Sept. 2000). *David Kolick and Kaye Ranke, both of Cleveland, Ohio, represented plaintiffs. See also Herman v. Staten Island Med. Group, 41 ATLA L. Rep. 179 (June 1998), alleging failure to timely diagnose Merkel cell carcinoma. *Alvin C. Gordon and Ava M. Gordon, both of Staten Island, N.Y., represented plaintiffs. Documents in Dorsey and Herman are available through the Court Document Sets section in the back of this issue, courtesy of plaintiffs' counsel.

Improper postsurgical monitoring

Settlement for a man who suffered paralysis after undergoing surgery to repair a herniated disk. He and his wife sued a hospital, alleging failure to timely assess the man's vital signs and neurological status after the surgery. *Nancy La Vista and *Bruce Ramsey, both of West Palm Beach, Fla., represented plaintiffs.

Bernstein v. Martin Mem'l Health Sys., Inc., Fla., St. Lucie County Cir. Ct., No. 01-CA-00 10 16, Mar. 26, 2002.

Improper handling of preterm labor

Verdict for a child who suffered cerebral palsy after his premature delivery. His mother, on his behalf, sued two hospitals and several obstetricians, alleging improper handling of preterm labor. *James F. Wilkens, Yonkers, N.Y., represented plaintiff.

Perez v. St. John's Episcopal Hosp. S. Shore, N.Y., Kings County Sup. Ct., No. 26675/96, Mar. 27,2002.

Failure to diagnose colorectal cancer

Settlement on behalf of a man who died of colorectal cancer. His wife, individually and on behalf of his estate, sued a family practitioner and his employer, alleging failure to diagnose the cancer in light of the man's rectal bleeding and pain. *Brian J. Lewis and *Robert S. Baizer, both of Highland Park, Ill., represented plaintiffs.

Commean v. OSF Health Care Sys., Ill., Knox County Cir. Ct., No. 2000 L 48, Feb. 2002.

Improper LASIK surgery

Verdict for a man who suffered impaired night vision after undergoing LASIK surgery. He sued a clinic, alleging its technician had failed to properly measure his pupils before the surgery. *Ted A. Schmidt, *Robert L. Beat, and *Michael S. Redhair, all of Tucson, Ariz., represented plaintiff in this case.

Post v. University Physicians, Inc., Ariz., Pima County Super. Ct., No. C20011817, May 9,2002.