MEDICAL NEGLIGENCE

Law Reporter, Apr 2004

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.

New Jersey consumer fraud statute inapplicable to learned professionals

The New Jersey Supreme Court held that the state's Consumer Fraud Act (CFA), N.J. Stat. Ann. §§ 56:8-1 et seq., does not apply to the actions of learned professionalssuch as doctors and lawyers-acting in their professional capacities.

Macedo v. Dello Russo, 840 A.2d 238 (N.J. 2004).

Improper treatment of peripheral neuropathy

Verdict for a man who has numbness below the knees in both legs, necessitating that he use a wheelchair, after undergoing surgery to remove a cyst on his spine. He and his wife sued the osteopath who performed the surgery, alleging that plaintiff's true condition-peripheral neuropathy-had not warranted the surgery. Plaintiffs also contended that defendant had negligently performed the procedure by piercing plaintiff's dura with a surgical instrument. * Wil H. Florin and "Thomas D. Roebig Jr., both of Palm Harbor, Fla., represented plaintiffs.

Vann v. Webb, Fla., Pinellas-Pasco County Cir. Ct., No. 01-008 711CI-015, Feb. 6, 2004.

Failure to perform proper vascular surgery

Verdict for a woman who suffered paraplegia and later required amputation of her right leg after undergoing emergency surgery to restore blood flow to her legs following an aortic dissection. She and her husband sued a vascular surgeon, alleging he had (1) not performed the surgery that had been consented to and (2) failed to ensure that blood flow had been restored to the woman's legs after the procedure. "Stephen Schaefer, Southfield, Mich., represented plaintiffs.

Miller v. Berg, Mich., Wayne County Cir. Ct., No. 02214453NH, Feb. 5, 2004.

Failure to diagnose tonsil cancer

Verdict for the estate of a man who died after being diagnosed as having Stage IV tonsil cancer. His estate filed suit against several internists, alleging failure to timely diagnose the cancer or refer the man to a specialist despite suspicious symptoms that included one swollen tonsil and lymph node. * Jorden Pederson, Hoboken, N.J., represented plaintiff in this case.

Rivera, v. Shah, N.J., Hudson County Super. Ct., No. HUD-L-1329-01, Oct. 1, 2003.

Failure to diagnose, treat preterm labor

Verdict for the parents of a child who died after being delivered during the 30th gestational week. The parents sued an obstetrician, alleging failure to diagnose and treat preterm labor and order a timely cesarean section. Steven T. Horton, Oklahoma City, Okla., represented plaintiffs in this case.

Davis v. Sanger, Okla., Oklahoma County Dist. Ct., No. CJ-2001-1395-63, Oct. 2, 2003.

Comment: For another case involving failure to diagnose preterm labor, see Karney v. Arnot-Ogden Mem'l Hosp., 40 ATLA L. Rep. 140 (May 1997). * David S. Pollack, Garden City, N. Y., represented plaintiff in this case. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Pollack.

Use of unsterilized surgical instruments during face lift

Verdict for a woman who suffered cosmetic deformity and required additional surgeries after undergoing a face lift performed by a plastic surgeon. The woman and her husband sued the surgeon, alleging he had used unsterilized instruments during the surgery and had an insufficient protocol for sterilizing tools. * Frank D. Allen, Haddonfield, N.J., represented plaintiffs.

Hayes v. Cha, U.S. Dist. Ct., D.N.J., No. 00-CV-1101, Dec. 8, 2003.

Wrongful cancer diagnosis

Verdict for a man who suffered incontinence and erectile dysfunction after undergoing treatment for aggressive prostate cancer. After learning the diagnosis had been a mistake, he and his wife sued a pathologist and a laboratory for the negligence of its histologist. The couple claimed that the wrongful diagnosis resulted from the misplacement of another patient's biopsy tissue onto the man's slide, and that the pathologist had failed to compare the tissue on the slide with a written description of the man's tissue.

* Neil R. Rosen and * Jon R. Perry, both of Pittsburgh, Pa., represented plaintiffs.

Pfaff v. Dianon Sys., Pa., Allegheny County C.C.P., No. GD-02-19461, Jan. 23, 2004.