Medical negligence

Law Reporter, Aug 2003

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.

Negligent laparoscopic cholecystectomy

Verdict for a woman who required additional hospitalization and surgeries after her common iliac artery was severed during a laparoscopic cholecystectomy. She sued a general surgeon, alleging he negligently severed the artery. *Kevin M. Jordan, Beaumont, Tex., represented plaintiff.

Dowden v. Gregg, Tex., Nolan County 32d Jud. Dist. Ct., No. 18,330, Feb. 28, 2003.

Failure to perform timely cesarean section

Structured settlement on behalf of a child, who suffered cerebral palsy, and his mother, who suffered a lacerated uterus during his delivery. The woman and her husband, individually and on their son's behalf, sued an obstetrician, alleging failure to perform a timely cesarean section. *Stephen Weinstein and *Melissa H. Luce, both of Morristown, N.J., represented plaintiffs.

Ruiz v. Jackson, N.J., Morris County Super. Ct., No. MRS L1796-00, Apr. 2, 2003.

Failure to timely diagnose non-Hodgkin's lymphoma

Verdict on behalf of a man who died shortly after starting treatment for non-Hodgkin's lymphoma. His parents, individually and on behalf of his estate, sued an otolaryngologist, alleging he had failed to timely diagnose the cancer in light of the man's ongoing neck swelling. Suit also alleged that an oncologist had failed to timely assess the disease and implement chemotherapy. * Patrick Jones and * Donna R. Corcoran, both of Boston, Mass., represented plaintiffs.

Dumas v. Brown, Mass., Middlesex County Super. Ct., No. 99-04197A, Mar. 20, 2003.

Failure to timely treat myocardial infarction

Postverdict settlement on behalf of a man who suffered a fatal myocardial infarction at a hospital emergency room. His estate sued the hospital, alleging failure to timely treat the myocardial infarction. *J. Matthew Dudley, Libertyville, Ill., represented plaintiff. Documents in this case are available through the Court Document Sets section in die back of this issue, courtesy of Mr. Dudley.

Amadei v. Victory Mem'l Hasp., Ill., Lake County Cir. Ct., No. 99L-974, Apr. 25, 2003.

EMTALA violation

Verdict for a car accident victim who died while being transferred from one hospital to another. His sister, on behalf of his estate, sued the first hospital, alleging violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. [sec] 1395dd. Plaintiff charged defendant had failed to stabilize the patient before the transfer, as required by the statute. *Geoffrey Fieger and *Marc Lipton, both of Southfield, Mich., represented plaintiff.

Smith v. Botsford Hosp., U.S. Dist. Ct., S.D. Mich., No. 0071459, Apr. 30, 2003.

Comment: In Bryant v. Adventist Health Sys./W., 289 F.3d 1162 (9th Cir. 2002), the court held that EMTALA's stabilization requirement ends when an individual is admitted for inpatient care. The court in Harry v. Marchant, 291 F.3d 767 (11th Cir. 2002), held there is no duty under EMTALA to provide stabilizing treatment to a patient with an emergency medical condition who is not transferred.

For other cases involving EMTALA, see Lopez-Soto v. Hawayek, 175 F.3d 170 (1st Cir. 1999), 14 PNLR 151 (Oct. 1999); Paz de Castellanos v. Sociedad Espanola de Auxilio Mutuo y Beneficencia de Puerto Rico, 14 PNLR 151 (Oct. 1999); and Roberts v. Galen of Va., Inc., 119 S. Ct. 685 (1999), 14 PNLR 30 (Mar. 1999). Documents in Lopez-Soto, Paz de Castellanos, and Roberts are available through the Court Document Sets section at the back of this issue, courtesy of plaintiffs' counsel.

Failure to vaccinate patient

Settlement for a man who developed spinal cord myelitis and paraplegia as a result of meningitis. He and his wife sued an internist and a hospital, alleging defendants had failed to administer the pneumococcal vaccine to the man, who had previously had his spleen removed as part of cancer treatment. Suit also alleged another hospital and its emergency room physician had failed to timely diagnose and treat the meningitis, which was misdiagnosed as a urinary tract infection. *Robert J. Napleton and *Kevin J. Golden, both of Chicago, Ill., represented plaintiff.

Musillo v. Noureldin, Ill., Cook County Cir. Ct., No. 01 L 5848, Mar. 3, 2003.