Medical negligence

Law Reporter, Oct 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.

Failure to diagnose impending stroke

Settlement for a woman who suffered a catastrophic stroke after being diagnosed as having high blood pressure at a hospital emergency room. Her husband, individually and on her behalf and that of the couple's children, sued two physicians, their employer, the hospital, and others, alleging failure to recognize the signs of an impending stroke and provide adequate treatment. *Steven P. Befera, David E. Peterson, and Lawrence B. Rodgers, all of Coral Gables, Fla., represented plaintiffs.

Brown v. Ali, Fla., Dade County Cir. Ct., No. 01-5927 CA 15, Apr. 25, 2002.

Comment: For similar allegations, see Jones v. Bashuk, 14 PNLR 112 (July 1999). *S. Bradley Houck, *Thomas W Malone, and *C. Jeffrey Kaufman, all of Atlanta, Ga., represented plaintiffs. See also Veneski v. Queens-Long Island Med. Group, PC., 15 PNLR 132 (Sept. 2000). *Norman L. Cousins, New York, N.Y., represented plaintiffs.

Documents in Jones and Veneski are available through the Court Document Sets section in the back of this issue, courtesy of plaintiffs' counsel.

Improper vacuum extraction

Settlement for a child who suffered brain damage and paralysis after her delivery, in which a vacuum extraction was attempted three times. Her mother, individually and on her behalf, sued an obstetrician, her employer, a hospital, and two nurses, alleging improper vacuum extraction and failure to perform a timely cesarean section, among other claims. *Mark S. Mandell, Providence, RL, represented plaintiffs.

Doe v. Roe, Mass., confidential court and docket number, Mar. 2002.

Comment: For another case alleging negligent use of a vacuum extractor, see Skonieczny ro. Gardner, 16 PNLR 131 (Sept. 2001). *Patrick A. Salvi and *Michael P. Schostok, both of Waukegan, Ill., represented plaintiffs.

Documents in the Skonieczny v. Gardner case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Salvi.

Negligent epidural

Verdict for a man who suffered paraplegia and lost bowel and bladder control after undergoing knee replacement surgery. The man and his wife sued the treating anesthesiologist, his employer, and a hospital, alleging that the physician had improperly inserted an epidural needle into the man's spinal cord at T12-LI. *Robert A. Clifford and Timothy S. Tomaski, both of Chicago, Ill., represented plaintiffs.

York v. El-Ganzouri, Ill., Cook County Cir. Ct., No. 98 L 13275, June 13, 2002.

Surgeon may be liable to Jehovah's Witness who received unwanted blood transfusion

The Supreme Court of South Carolina held that a surgeon who ordered an emergency blood transfusion for a patient who was a known Jehovah's Witness could be liable to the patient for medical negligence and battery, breach of express contract, and lack of informed consent. Calvin A. Rouse, Augusta, Ga., represented plaintiff.

Harvey v. Strickland, 566 S.E.2d 529 (S.C. 2002).

Comment: For a case holding that the informed consent doctrine applies to noninvasive medical procedures, see Matthies v. Mastromonaco, 733 A.2d 456 (N.J. 1999), 14 PNLR 195 (Dec. 1999). Arthur J. Messineo Jr. and Nancy C. Ferro, both of Ridgewood, N.J., represented plaintiff.

Documents in the Matthies case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Messineo.

Failure to obtain informed consent for experimental surgery

Verdict for a woman who suffered brain damage and a brain infection after undergoing brain surgery. She and her husband sued the hospital, alleging battery, fraud, and medical negligence. Among other things, plaintiffs claimed that the treating surgeon had performed a combined cingulotomy and capsulotomy-the latter a procedure that was unconsented to and experimental in nature. Plaintiffs were represented by *Robert F. Linton Jr., *Mark W. Ruf, and Stephen T. Keefe Jr., all of Cleveland, Ohio.

Zimmerman v. Cleveland Clinic Found., Ohio, Cuyahoga County C.C.P., No. 399411, June 12,2002.

Untimely diagnosis of breast cancer

Verdict for a woman who was diagnosed as having metastatic breast cancer about 10 months after undergoing a mammogram, which showed a small nodule in the right breast. She sued her primary care physician and a hospital, alleging failure to timely diagnose and treat the cancer based on the mammogram results. Plaintiff was represented by *Virginia S. Forbes, Miami, Fla.

Vassell v. Multach, Fla., Dade County Cir. Ct., No. 0130455 3CA11, May 8, 2002.