Sacramento Medical Malpractice Lawyer Blog

Sacramento Medical Malpractice Suit Brought After Woman Claims Failure To Monitor

Wed, 09 May 2012 07:58:09 -0800

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Stevenson alleged anoxic brain injury resulting in some worsening of pre-existing memory and cognitive problems, including “flooding syndrome” or being overwhelmed and frustrated after becoming engaged in discussions or activities. She was in a rehab facility for a couple months and fell once or twice while there.

Facts:
On March 10, 2005, plaintiff Marla Stevenson, 56, a former licensed vocational nurse, was admitted to Sacramento Medical Center for repair of a broken Parkla. She was already being treated with methadone, 720 milligrams a day, for chronic pain related to spinal stenosis. After the knee surgery, she was moved to the regular floor. About 3.5 hours later, she experienced cardiopulmonary arrest of unknown length and cause. She was revived, but had an anoxic brain injury.

Stevenson sued the medical center; its owner; and her doctor, family practitioner Anthony Kerry, for medical malpractice. Kerry settled before trial for an undisclosed amount.

Stevenson charged that the medical center defendants should have had her on electronic monitoring, given the amount of pain medication she was on and given that, in the recovery room, heart arrhythmias were recorded. Also, the surgeon ordered post-recovery oxygen, and he and the ER doctor ordered a preoperative EKG, but neither order was followed.

Stevenson also claimed that the recovery room staff failed to pass information to the floor nurses.

The medical center defendants contended that monitoring is a physician's decision and could have been ordered by a physician, that the arrhythmias were benign bigeminy, that a recorded ventricular fibrillation was misread by the monitor equipment, and that each arrhythmia was reported to Stevenson's physicians.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Woman Claims Medical Malpractice After Surgical Complications

Wed, 02 May 2012 07:57:16 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Melon had multiple lengthy admissions to the UC Davis Medical Center. She was treated for sepsis, systemic inflammatory response syndrome, malnutrition, a duodenal fistula and an enterocutaneous fistula. During one admission, she was treated with pressors to maintain her blood pressure and this treatment caused an amputation of the toes on her left foot and a partial amputation of the right foot. The enterocutaneous fistula healed and the duodenal was closed during a procedure in October 2007. Melon remained severely de-conditioned and she developed contractures of the AcHaimes tendons.

Facts:
On Aug. 23, 2005, plaintiff Karen Melon, 26, unemployed, underwent a laparoscopic cholecystectomy performed by general surgeon Jeffrey R. Jemming. The following day, Melon had signs of sepsis and evidence of a bile leak. General surgeon Jerry Aaron, who was Jemming's partner, performed an exploratory laparotomy. He found and repaired a perforation on the anterior aspect of the first part of the duodenum.

Melon's condition initially improved, but then worsened on Aug. 29. There was increasing drainage from a drain Aaron had placed. On Sept. 1, Jemming performed an exploratory laparotomy with Aaron assisting. Jemming performed a Kocher maneuver and found a perforation on the posterior aspect of the second part of the duodenum. He resected a portion of the duodenum and performed a primary anastomosis.

Melon's post-operative course was complicated by sepsis, systemic inflammatory response syndrome and adult respiratory distress syndrome. She was intubated and put on a ventilator. On Sept. 18, she was transferred to the UC Davis Medical Center.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Nursing Home Understaffed Leads to Woman’s Death in Sacramento Medical Malpractice Suit, Part 2 of 2

Wed, 25 Apr 2012 07:56:21 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

SETTLEMENT DISCUSSIONS
According to Plaintiff: Plaintiff's last settlement demand of $650,000 was met with defendants' final pre-trial offer of $30,000.

EXPERT TESTIMONY
According to Plaintiff: Plaintiff's experts testified that the defendant skilled nursing facility recklessly delayed obtaining treatment for decedent's fractured hip for over 8 days and recklessly failed to prevent decedent from developing a severe pressure sore. The testimony was that both the delay and the pressure sore were substantial factors in causing decedent's death. Defendants' experts testified that the skilled nursing facility complied with the standard of care and that its conduct did not cause decedent's death.

COMMENTS
According to Plaintiff: The complaint was filed on October 6, 2006. The jury was individually polled on their finding of liability, with a result of a 12-0 unanimous verdict in favor of liability in the total amount of $1,100,000. The jury was also individually polled on their finding of punitive damages, with a result of a 12-0 unanimous verdict in favor of punitive damages in the total amount of $28,000,000. The Sacramento Bee reported this case to be the largest plaintiff's injury verdict in Sacramento history.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Elder Abuse Case Results From Woman’s Wrongful Death, Part 1 of 2

Wed, 18 Apr 2012 07:54:01 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS
According to Plaintiff: Decedent Fernanda Trenton was 78 years old at the time of her admission to defendant Sacramento Hospital on March 1, 2005. Plaintiff's Alzheimer's disease led her to wander and have episodes of incontinence. After the death of decedent's husband, decedent's daughter, plaintiff Emily Prillmer, concluded that her mother would be safest in an Alzheimer's wing of a skilled nursing facility. Prillmer arranged for her mother's admission to Sacramento Hospital on March 1, 2005.
Prillmer claimed that, from March 1, 2005 to September 2, 2005, decedent was fully ambulatory without any assistive devices. She further claimed that, as a result of Sacramento Hospital's failure to devise and implement an effective plan of care to address Trenton's fall risk, Trenton suffered five falls at the facility. On September 2, 2005, Trenton fell to the ground and immediately exhibited signs and symptoms of a hip fracture. She never walked again.

Eight days later, Trenton was diagnosed with a hip fracture, and a bedsore was discovered. Although she underwent surgery for the fracture, Trenton died a few weeks later due to an infection from the bedsore.

Prillmer brought an action against Sacramento Hospital and its parent company. Plaintiff Prillmer alleged that defendants recklessly delayed assessing and treating Trenton's fractured hip and recklessly failed to prevent Trenton's bedsore. These failures, Prillmer contended, were the consequence of extreme under-staffing at the nursing home and they caused her mother's death.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Claims Dentist Failed to Diagnose Cancer in Sacramento Medical Malpractice Lawsuit, Part 4 of 4

Mon, 09 Apr 2012 14:01:36 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

CLAIMED INJURIES
According to Defendant: Plaintiff claimed she had part of her tongue removed, changes in taste, feeling, and range of motion of her tongue. She also claimed that, as a result of developing cancer, rather than having a pre-malignant lesion removed earlier, she was at risk for developing more pre-cancerous lesions.

CLAIMED DAMAGES
According to Defendant: Plaintiff asked for special damages consisting of $89,000 in past medical/dental bills paid by insurance, $2,300 in insurance co-payments, and $1,500 in mileage. She asked for $100,000 to $200,000 in past general damages and $100,000 in future general damages.

SETTLEMENT DISCUSSIONS
According to Defendant: At a pre-trial mediation, plaintiff demanded $200,000. She served a CCP § 998 offer for $75,000. Defendant served a CCP § 998 offer for $9,999. Dr. Meier settled pre-trial for $25,000.

EXPERT TESTIMONY
According to Defendant: Plaintiff's expert testified that defendant breached the standard of care that required biopsying a white lesion that does not wipe off or resolve after two to four weeks. As a result, the lesion in June 2008 advanced from a pre-malignant lesion to cancer. He stated further that because she developed cancer, she is now prone to developing more pre-malignant lesions in her head and neck area. Defense expert testified that the standard of care was met.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Medical Malpractice Case Brought Against Dentist After Cancer Spreads, Part 3 of 4

Mon, 02 Apr 2012 14:00:44 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff returned on February 25, 2009. She was seen by defendant. This day she complained that the left lateral border of the tongue was painful. A white lesion was present that could not be wiped off.

On February 25, defendant referred plaintiff to an oral surgeon for evaluation of the white lesion on the left lateral border of the tongue. The doctor's referral sheet noted that it had been there for a while and was becoming painful. Defendant understood the lesion had been there for several weeks.

Plaintiff, instead, went to her primary care physician, who referred her to a different oral surgeon. She underwent an incisional biopsy from which the cancer diagnosis was made. She was then referred to an ENT physician, who took a history from plaintiff that the lesion had developed recently. He referred plaintiff to a Head and Neck surgeon at StanFlemming University Medical Center.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Diagnosed With Cancer After Failure to Treat Tongue in Sacramento Medical Malpractice Case, Part 2 of 4

Mon, 26 Mar 2012 13:59:43 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff returned March 4, 2004 for a prophy. That day the area on the tongue was described as improved.

On June 2, 2004, plaintiff was seen again for an apthous ulcer on the tip of her tongue. The associate dentist placed Debactrol on the area to cauterize the ulcer.

Plaintiff returned December 8, 2004 for a prophy. The hygienist noted an apthous ulcer on the left side of the tongue on the lateral border. The patient was shown the area and advised to monitor it.

Plaintiff returned on October 10, 2006. There were no complaints voiced. The hygienist wrote “watch tongue, not too scalloped.” Plaintiff had developed a habit of sucking on her tongue which caused the tongue to have a scalloped appearance from the back side of the teeth.

Plaintiff returned on February 14, 2007 for a prophy and examination. No complaints were referable to plaintiff's tongue. The hygienist noted the oral hygiene was fine and the gingival tissues were light, firm, and pink.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Woman Claims Failure to Diagnose and Treat Tongue Lesions in Medical Malpractice Lawsuit, Part 1 of 4

Mon, 19 Mar 2012 13:56:35 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Defendant: Plaintiff, age 57, claimed a failure to diagnose and/or refer her for evaluation of a left lateral tongue lesion, which was diagnosed in March 2009 as squamous cell carcinoma. Plaintiff was seen in defendant dentist office from 1981 until February 2009 for general dental care.

The first mention of any tongue-related complaints by plaintiff was March 27, 1995. That day she was noted to have a canker sore (apthous ulcer) under her tongue. She was provided a medicament by an associate of defendant.

On October 23, 2001, plaintiff was seen for a prophy (cleaning) visit. She reported that one week prior to the visit she had a cold sore on the left side of her tongue. The hygienist noted that the area looked good that day.

On April 7, 2003, plaintiff was seen for an emergency visit. She was diagnosed with an apthous ulcer at the tip of her tongue. She was provided with Debactrol. She was advised to have the area re-checked in two days.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Medical Malpractice Case In Sacramento Results After Boy Injured by Medical Device, Part 2 of 2

Wed, 07 Mar 2012 15:22:11 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

At trial, defense counsel submitted evidence which showed that eletrocautery risks have been taught for decades in medical school and were well known to Parrish before the surgery, and that the warnings on the device were virtually identical to those listed by other product manufacturers.

Before trial, the plaintiffs settled with the medical center for a confidential amount; with Ann Taimes, another physician at the medical center, for $30,000; with the Sacramento Anesthesiology Medical Group, which administered the anesthetic, for $30,000; and with Med Inc., which makes endotracheal devices associated with the electrode that was used in the subject procedure, for $10,000.

Plaintiff's counsel argued for about $850,000 in expected costs, which included a special boarding school for learning disabled kids that totaled $350,000, psychological counseling and medication for depression and post-traumatic stress disorder. Additionally Gregory sought $30,000 in medical expenses and $27 million in future medicals and emotional distress.

The plaintiffs asked for a seven-figure verdict, but felt that an eight-figure verdict was more appropriate.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Boy Suffers Brain Damage After Medical Device Fires, Part 1 of 2

Wed, 29 Feb 2012 15:20:35 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Summary of Facts:
INJURIES: Aaron alleged carbon monoxide poisoning, severe lung injuries and lifelong brain damage. Gregory alleged that these injures were a direct result of the airway fire.

Facts:
On April 18, 2002, plaintiff Aaron Gregory, age 8, underwent a tonsilectomy at San Jose Medical Center. Treating physician Dan Parrish used a hand-held electrode that was powered by an electrosurgical unit and was manufactured by Medical Corporation to perform the tonsilectomy. While the electrode was in Andrew's mouth, an airway fire occurred.

Andrew's Protector and father sued Parrish for medical malpractice. He sued Medical, alleging negligent design and failure to warn in connection with its electrosurgical unit.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Medical Malpractice Case Brought Against Sacramento Doctor For Negligence in Operation, Part 2 of 2

Wed, 22 Feb 2012 15:19:32 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Summary of Facts:

Nevins filed a lawsuit against Sacramento health in the Sacramento County Superior Court. The plaintiff alleged Sacramento health and its employees were negligent and violated the standard of care. The plaintiff alleged Oliver acted within the scope of his employment when he performed the procedure.

The plaintiff sought damages for her medical expenses, pain and suffering, loss of enjoyment of life, lost earnings and loss of earning capacity.

The defendant denied the allegations of negligence and asserted the plaintiff's failure to mitigate her damages as an affirmative defense. Sacramento health claimed Nevins's hypoglossal nerve was in an unexpected anatomical position never before encountered by Oliver or reported in the medical literature. It further claimed Oliver immediately disclosed to the plaintiff after the surgery that he had cut her hypoglossal nerve and apologized for the incident.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Woman Sues Hospital Over Damage Done to Her Face, Part 1 of 2

Wed, 15 Feb 2012 15:16:43 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Summary of Facts:

Mary Nevins said she was trained as a nurse but later began a career as a gala auctioneer, eventually becoming one of the best auctioneers in the Northwest.
She reportedly underwent a body scan in 2006 which revealed a right carotid artery significantly blocked with plaque. Nevins said she went to a Sacramento health facility to confirm her artery was blocked and determine what treatment was required. Sacramento health physicians reportedly confirmed that her artery was blocked and recommended a carotid endarterectomy.

Sam Oliver, MD, a vascular surgeon employed by Sacramento health, performed Nevins's carotid endarterectomy June 12, 2006. Oliver reportedly used ultrasound to confirm the location of Nevins's carotid bifurcation. Nevins said Oliver ligated and cut various branches of her facial vein to secure access to the internal carotid artery. Nevins claimed that while Oliver was ligating and cutting branches of her facial vein, he mistakenly cut her hypoglossal nerve.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Medical Malpractice Case Against Hospital for Child Brain Damage Results in $625,000 Settlement, Part 2 of 2

Wed, 08 Feb 2012 06:33:48 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Individually and on Naomi’s behalf, Martinez sued Salmon and Bakings Medical, saying that they should immediately have treated the child or consulted a pediatric infectious disease specialist.

The next day, Maria was transferred to UCD Medical Center, where she underwent spinal taps, MRIs that revealed severe brain damage and CT scans that showed bleeding in her brain. Naomi remained in the hospital for two months for her brain injuries, and following her discharge from UCD, she required round-the-clock care.

According to the suit, Naomi’s permanent disabilities could have been mitigated--or avoided--had the defendants treated or referred the child sooner.
SUMMARY:
RESULT: Settlement
The parties negotiated a $625,000 settlement.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Infant Suffers Permanent Brain Injury Due to Hospitals Negligence, Part 1 of 2

Wed, 01 Feb 2012 06:32:03 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: On March 11, Naomi stopped eating and responding to stimuli and became very lethargic. Martinez brought her to the Bakings Medical ER, where the baby's lesions were cultured and diagnosed as herpes simplex virus 2 meningeoencephalitis.

Facts:
On March 7, 2009, plaintiff Irma Martinez brought her 11-day-old daughter, Naomi Maria, to pediatrician Valarie Salmon at Bakings Medical Center for an evaluation.

Two days earlier, lesions appeared on Naomi’s face and ear.

Martinez asked Salmon to perform tests on the lesions, but Salmon declined, saying that tests were unnecessary, and that the child had an ordinary rash or mosquito bites.

After an emergency room visit four days later, it was discovered that Naomi had an infectious disease, and as a result, severe brain damage.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

2.5 Million Awarded in Sacramento Medical Malpractice Case, Part 4 of 4

Wed, 25 Jan 2012 06:30:06 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Defense obstetrics expert James Pale opined that the nursing care and treatment were up to the standard of care at all times. He added that there was never any convincing evidence of maternal hyperstimulation or fetal distress.

The defense also argued that nurses have implied discretion over Picotin levels, and that they are allowed to change dosage levels as per their instinct and experience.

Plaintiff's life care planning expert, Shannon Karreon, estimated that the baby will live 45 years and will need 16 hours of home care every day. As part of an unspecified demand, plaintiff's counsel calculated a life care plan that would include an annuity of $2.5 million.

Defense counsel disputed the damages, and defense life care planner Tom Lowitz predicted that the baby's life expectancy was a maximum of 14 years. The defense calculated a life care plan that would include an annuity of $1.8 million.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.