MEDICAL NEGLIGENCE

Law Reporter, Dec 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.

Failure to timely diagnose pancreatic cancer

Settlement for a man who was diagnosed as having an inoperable cancerous pancreatic mass two years after undergoing a pancreas scan that a gastroenterologist ordered, which allegedly showed a suspicious mass on the pancreas, though radiologists interpreted the scan as normal. The man and his wife sued the gastroenterologist and the radiologists, their respective groups, and the hospital, alleging failure to timely diagnose pancreatic cancer. * Charles Kampinski, * Laurel A. Matthews, and Douglas Bloom, all of Cleveland, Ohio, represented plaintiffs.

Doe v. Roe Radiology Group, Ohio, Cuyahoga County C.C.P., confidential docket no., July 2004.

Failure to timely perform left hemicolectomy during repair surgeries

Verdict for a man who suffers abdominal cramping, decreased bowel control, and increased bowel movements after undergoing a left hemicolectomy to repair damages stemming from an appendectomy, during which the general surgeon left a surgical sponge in the man's abdomen. He filed suit against the general surgeon, alleging his failure to perform a left hemicolectomy during the first and subsequent repair surgeries led to additional bowel leakage, infection, and the need for more surgery. *William A. Dean, Miami, Fla., represented plaintiff in this case.

Roberson v. Hernandez-Pombo, FIa., Dade County Cir. Ct., No. 03-19007 (CA 27), Aug. 3, 2004.

Failure to perform timely cesarean section

Verdict for a child who suffers from cerebral palsy after his mother was sent to a hospital emergency room by her obstetrician and underwent an emergency cesarean section more than two hours after the physician ordered the procedure. A conservator appointed to represent die child sued the obstetrician and the hospital, alleging failure to provide proper care and perform a timely cesarean section. *Geoffrey N. Fieger, Southfield, Mich.; and Jack Beam, Denver, Colo., represented plaintiff.

McLeod v. Mount Sinai Hosp. Med. Ctr., Ohio, Cuyahoga County C.C.P., No. 353276, May 24, 2004.

Administration of interscalene block against patient's wishes

Verdict for a man who suffered a brachial plexus injury, a drooping left eye lid, and neck pain after receiving an interscalene block before undergoing surgery to repair a torn rotator cuff, even though he told an anesthesiologist that he did not wish to receive an intcrsealene block. Hc sued the anesthesiologist and her employer, alleging battery. * Lewis T. Stonebumcr and * Wallace R. Wason Jr., both of Richmond, Va., represented plaintiff.

Gorba v. Palazzo, Va., Norfolk County Cir. Ct., No. L 03-2018, July 14, 2004.

Improper sodium infusion

Settlement for a woman who suffered brain damage when her cardiologist infused her with sodium intravenously after a neurologist noted she had lapsed into a coma due to a low sodium level resulting from diuretics used to control high blood pressure. She sued the cardiologist, alleging, among other things, that he caused the brain damage by raising her sodium level at twice the acceptable rate. *Sheri L. Tarr, Chicago, Ill.; *John L. Riccolo, Cedar Rapids, Iowa; and *Timothy Semelroth, Cedar Rapids, Iowa, represented plaintiff.

Burden v. Albaghdadi, Iowa, Scott County Dist. Ct., No. LA 28403, Aug. 2004.

Negligent laparoscopy

Settlement for the husband of a woman who died from massive blood loss after undergoing laparoscopic surgery to treat chronic indigestion. Her husband, individually and on behalf of his wife's estate, sued the surgeon and the hospital, alleging the surgeon (1) punctured his wife's spleen, pancreas, and surrounding blood vessels with laparoscopic tools and (2) failed to timely detect the resulting internal bleeding and adequately repair the damaged internal organs. *Arthur H. Rosenberg, Lake Success, N.Y., represented plaintiffs.

Wainwright v. Huntington Hosp., N.Y., Suffolk County Sup. Ct., No. 14637/03, May 26, 2004.

Failure to diagnose herpes encephalitis

Settlement for the mother of a child already diagnosed with type two herpes simplex who suffered brain damage irom seizures after being sent home Irom a hospital medical clinic that diagnosed him with gastroenteritis. The child's mother sued the hospital, alleging the clinic failed to diagnose herpes encephalitis. Randy Nassau, Yonkers, N.Y., represented plaintiff.

Sanchez v. Columbia Presbyterian Med. Cir., N.Y., New York County Sup. Ct., No. 123011/00, May 28,2004.

Failure to timely diagnose sepsis

Settlement for a woman who was recovering from a cesarean section and diagnosed with sepsis, requiring amputation of several fingers and both legs below the knee. She and her husband filed suit against the resident, the hospital, and the obstetrician, alleging failure to timely diagnose and treat sepsis despite clear signs of infection in lab test results. *William F. Hagans and *Lanee C. Winchester, both of Houston, Tex., represented plaintiffs in this ease.