Medical Malpractice

Decedent 57 year old woman was a patient in defendant hospital. Two days following surgery the patient got up at night with nurse’s help to go to the bathroom. While alone in the bathroom, she fell hitting her left chest/abdomen on the toilet. She was taken back to bed, but several hours later, her spleen, which had ruptured, bled out causing her death. Plaintiffs were the husband and ten children who sued for wrongful death. They claimed that nursing conduct, including patient observation, documentation, and physician notification fell below the standard of care.

Decedent, a 37 year old woman was seen in defendant OB-GYN’s office by defendant nurse practitioner for a lump in her breast. Defendant sent patient for a study which lead to the impression that the lesion was non-malignant. The patient was told to return to defendants in a few month and when she did, the lesion appeared much worse and quickly the diagnosis was made of an aggressive cancer which eventually resulted in the patient’s death. Plaintiffs were the husband and children of the patient who alleged that defendants negligently failed to properly diagnose and treat the cancer. Because the cancer was aggressive, causation was a significant issue. The family claimed the loss of decedent’s earning capacity in a new business.

Plaintiffs were the widow and children of decedent who was a middle-aged man. Defendant surgeon performed placement of a subclavian line which studies later showed had inadvertently punctured the pulmonary artery. After the procedure, the patient bled out in recovery, but a second surgery appeared to correct the problem. While in ICU after the second surgery, the patient bled out again and died. Plaintiffs claimed lack of informed consent, negligent performance of the initial procedure, failure to properly observe the patient post-op, and negligent subsequent surgery. Plaintiffs claimed non-economic damages, as well as loss of future income.

Plaintiffs, a 4 year old girl and her mother allege that defendant neonatologists negligently failed to recognize that skin lesions on the newborn girl seen at the time of birth could have been herpetic lesions and should have been treated for presumptive neonatal herpes infection. The mother’s history included evidence of past herpes. The doctors allegedly should have performed a C-section for delivery and should have treated the newborn for presumptive herpes infection. As a result of this negligence, the plaintiff suffered severe herpes encephalopathy, permanent brain damage, and permanent quadriplegia. Lifetime medical care was alleged to exceed $16 million present value. Plaintiff also claimed lifetime loss of earning capacity.

Plaintiff’s wife was a patient at defendant hospital. She had dementia and a history of stroke with left-sided weakness. She fell in the bathroom while allegedly unattended and hit her head suffering a subdural hematoma and consequent death.

Plaintiff’s husband was hospitalized for leg complaints. Defendants allegedly delayed in diagnosing the condition, compartment syndrome, and performing vascular surgery. This resulted in an above-the-knee amputation and death one year later as a claimed result of the negligence.

Defendant chiropractor treated plaintiff for neck symptoms.. Plaintiff claimed that given the symptoms, the chiropractor should have referred the patient to a neurosurgeon since he needed cervical spine decompression. The negligence allegedly left the plaintiff with significant neurological impairment and significant past and future medical specials and lost income.

Plaintiff claimed that defendant orthopedist negligently performed surgery on her fractured tibia and fibula and negligently placed a plate and screws. This led to non-union and subsequent procedures leading to a recommendation for below the knee amputation.

Claimant was a 52 year old woman with a diagnosis of fibroids which had caused pelvic pain and incontinence for years. Respondent physicians performed a laparoscopic total hysterectomy, but during the procedure, the sigmoid colon was contacted by a heated instrument allegedly resulting in a perforation. The patient was discharged home, but returned 33 hours later with peritonitis. Complications developed and ultimately, a sigmoidectomy was performed and a colostomy created. This was alleged to cause the need for an expensive life care plan and inability to return to work.

Plaintiff was followed for breast exams for many years by defendant physicians and facility. Findings on imaging studies over several years were felt to reflect non-malignant lesions. A mammogram then showed an irregular mass in the left breast that was suspicious for malignancy. A core biopsy revealed invasive ductal carcinoma and the cancer showed evidence of metastasis to the lymph nodes. The plaintiff underwent modified radical mastectomy followed by chemotherapy and radiation. Allegations included negligent delay in diagnosis and treatment with resulting metastasis and more significant surgery and treatment than would have been necessary if there had been earlier diagnosis.

The plaintiff was seen by defendants for an outpatient epidural injection for radiculopathy in the back. He told the doctors of his shellfish allergy for which Benadryl since the solution could contain shellfish products. He was mistakenly given undiluted phenylephrine, which is a vasoconstrictor and decongestant. He had an immediate cardiac arrest with chest pain and aspirated. This left him with impaired cardiac function and significant pulmonary problems. Past and future meds: $1.1 million and LOE: $1.3 million.

Plaintiff’s decedent was being followed by defendant physicians for numerous medical conditions, including chest pain, pulmonary embolism, abdominal distension, ascites, infection, diabetes, cirrhosis and aortic valve stenosis, among other problems. He was admitted to the hospital for sepsis secondary to UTI and bacterial peritonitis, but passed away a few days later from those conditions. The plaintiff’s cardiology expert alleged that the defendants failed to timely and properly diagnose and treat CHF progression and critical aortic stenosis, causing the patient’s death.

The 47 year old husband and father of the plaintiffs complained of chest pain following swimming. Four days later he was seen by defendant family practitioner and clinic with complaints of chest pain, nausea, fatigue, and pain radiating from the chest. The physician charted chest muscle pain from rotation while swimming. No EKG was done. The next morning, the patient was found unresponsive and was subsequently pronounced dead. The cause of death was acute thrombosis of the right coronary artery. Plaintiffs alleged that the standard of care and defendant’s protocols mandated that an EKG be performed and that it would have been abnormal. This would have lead the physician to arrange for a cardiac catheterization and the patient would have survived. Defendant’s contended that because the pain was reproducible, the diagnosis and conduct complied with the standard of care. Plaintiffs claimed loss of future income of more than $1.4 million.

Plaintiffs’ son and sisters brought this action against physicians and Hospital for wrongful death of the 37 year old decedent for failing to diagnose and treat markedly elevated intra-cranial pressure for 24 hours. The diagnosis of glioblastoma multiforme was subsequently made by a neurosurgeon, however it was too late. Plaintiffs alleged that decedent would have survived had the diagnosis been timely made. The siblings claimed NIED.

The plaintiff alleged that a temporary epicardial pacing wire (TEPW) was inadvertently dropped into her left atrium during open heart surgery for coronary artery bypass graft and mitral valve repair, or replacement. This wire allegedly went unnoticed and migrated to her aorta where it lead to infection, small strokes, and the need for endovascular removal. This was claimed to fall below the standard of care. Defendants contended that no TEPW was dropped, or left in the atrium.

Plaintiff had a long history of insulin dependent diabetes as well as renal failure, and proliferative diabetic retinopathy. Her left eye had been operated on for traction retinal detachment. When seen by defendant ophthalmologist and retinal specialist, she had light perception/hand motion only in the left eye. After discussion of risks, benefits, and complications, the surgeon performed a pars plana lensectomy and laser photocoagulation of the left eye. A fragmatome was used to remove a cataract in the eye. The tip became hot resulting in a burn area of the sclera. Post-operatively, the eye developed complications, including infection leading to enucleation. The patient was fitted with a prosthesis. Plaintiff alleged negligence in use of the fragmatome.

In this wrongful death action, 80 year-old decedent had fallen at home, fracturing his hip. He was admitted to a hospital where an intramedullary rod was placed in his femur. He was discharged for acute rehab, but was re-admitted for post-operative leg pain leading to a diagnosis of DVT. An IVC filter was placed. Vital signs deteriorated over the next few days and one of the treating physicians reported losing a wire during placement of a subclavian line. Vital signs further deteriorated and a code was called, but the patient died. The cause of death was perforation of the inferior vena cava during placement of the IVC filter. Plaintiff alleged that the nurses did not timely notify the doctor of vital sign changes or shortness of breath, call a respiratory therapist, or call the code timely. Plaintiff also claimed the doctor, when finally told of the vitals, gave inadequate orders.

Plaintiff, wife of the decedent alleged that defendant physicians negligently failed to timely and properly treat her husband’s aortic stenosis and related symptoms and provided a lack of care for the progression of congestive heart failure resulting from the CHF. The CHF was manifested by multiple compartment fluid collection, repeated hospital admissions, and procedures to drain the fluid, and progressive shortness of breath. This all contributed to the patient’s renal failure and ultimate death. An earlier cardiac catheterization allegedly would have led to repair or replacement of the aortic valve and the patient would have survived and had a longer work life expectancy.

Patient (50) had severe focal headaches. Diagnosis was made of bilateral carotid cavernous aneurysms with subarachnoid hemorrhage and hydrocephalus. Defendant interventional radiologist placed intravascular coils in both aneurysms and place bilateral stents. He was put on anti-platelet therapy and discharged home. Three months later he had an angiogram. The nurse did not chart his neuro-status before discharge home. Later that day he vomited and was “out of it” and was taken to defendant hospital. He underwent angiograms showing filling defects to the left internal carotid. The doctor performed TPA thrombolysis and mechanical thrombectomy on the left side of the brain with stent removal to clear blood clots. Angiograms showed further bleeding and after the procedure, he was found to have a “blown” pupil with mass effect per angio. A CT showed large intracranial hematoma which was evacuated. Plaintiff alleged defendants breached the standard of care by: 1. nursing failure to observe and chart neuro-signs after the procedure; 2. the hospital failed to have proper protocol for after the procedure; 3. the doctor failed to recognize arterial hemorrhage and halt the thrombolytic procedure; 4. the doctor failed to recognize continuing bleeding causing damage to the brain substance. The patient was left with speech defects, inability to perform ADL’s, inability to stand unassisted, foot drop, and the need for lifetime care. A Life Care Plan had a present value of $2.35 million. Past and future lost income had a present value of $921,000.

Claimant claimed that Respondents negligently failed to timely and properly diagnose, treat, follow up and monitor her kidney disease resulting in chronic kidney disease, Stage 4 and additional complication, including the need for lifetime dialysis.

Claimant underwent uterine fibroid surgery, but as a result of claimed anesthesia/airway mismanagement, she massively aspirated and developed ARDS, polyneuropathy, and permanent damage to multiple organ systems.

Claimant, a 71 year old man was admitted for an endoscopic procedure to correct an abdominal aortic aneurysm. Anesthesia was by spinal block. Post-op, the doctors and hospital staff allegedly failed to properly monitor the patient and note decreasing sensation and movement in both lower extremities. When this was noted, the patient was found to have blood clot in the spinal cord causing cord ischemia. This resulted in paraplegia and neurogenic bladder.

Patient had severe pelvic pain in 2012. Pathology was benign. Surgery was performed for a ruptured ovarian cyst. The patient had recurring abdominal and perineal pain in 2015 and had 3 surgeries for the problem. The 2012 pathology slides were reviewed again and were felt to show cancer. Subsequently Plaintiff had further surgeries and developed radiation enteritis. Plaintiff alleged a failure to diagnose granulosis cell tumor, a slow-growing ovarian cancer. Loss of income totaled $560,000 and the husband claimed loss of consortium and prospective wrongful death.

Plaintiff parents in this wrongful birth action claimed that defendant healthcare providers negligently failed to consult on, or provide AFP testing during the pregnancy to determine the potential for genetic defects or Down Syndrome in the fetus. The baby was born with Down Syndrome, intellectual disability, cardiac disease, impaired hearing, feeding problems, pulmonary problems, and the lifetime need for constant supervision. Total future economic costs were over $22,000,000.

The plaintiff mother’s pregnancy was considered high risk because of her age, diabetes, morbid obesity, history of large babies, and a prenatal ultrasound showing an abdominal circumference vs. head circumference concerning for dystocia. The baby was born with Apgar scores of 1 and 5, with Erb’s palsy, and claimed anoxic encephalopathy. Plaintiffs alleged that the delivery should have been performed by a physician, and not by the Certified Nurse Midwife who actually delivered the baby. This allegedly led to the baby’s injuries. Economic damages were claimed to exceed $1.8 million.

Plaintiffs alleged that the defendant physicians negligently failed to properly manage their decedent’s Graves disease over a period of several years. When she returned for a guided liver biopsy, the defendants allegedly fell below the standard of care by negligently performing the procedure, resulting in her death.

Allegedly, defendant physicians used negligent surgical technique that led to internal lacerations causing purulent bowel discharge into the intra-abdominal cavity. This was not detected by the surgeons who plaintiff claimed were negligent in discharging her home. This led to further complications and the need for further surgeries.

Plaintiffs were the family of the decedent who underwent surgical biopsy of an abdominal mass which plaintiffs claimed was negligently performed on a patient who had been negligently placed on anti-coagulants. The biopsy was contra-indicated in the presence of anti-coagulation. The physicians allegedly should have performed clotting studies which would have given them information to avoid the use of anti-coagulants. The patient bled out during the hospital stay.

Plaintiff alleged that defendant hospital’s nurse negligently placed an IV of calcium chloride, a caustic substance, in plaintiff’s antecubital fossa, resulting in infiltration and extravasation. Plaintiff further claimed that this condition was not timely recognized and as a result, the arm was noted to be swollen and necrotic. She was left with severe injury to her arm and hand.

Plaintiffs are the mother and daughter of the decedent who was admitted to defendant hospital for injuries from an auto accident. While a technician was placing a central catheter, the mechanical ventilator became disconnected from the endotracheal tube. The patient stopped breathing. A nurse was unsuccessful in reattaching the ventilator. Another nurse responding to an alarm was able to reconnect the ventilator, but resuscitation efforts were unsuccessful and the patient died. His mother was an LVN who sued for NIED.

Plaintiff, a middle-aged woman saw defendant, a board certified OB/GYN and an aesthetic gynecologist, for vaginal rejuvenation surgery. The surgical consent form was incomplete when signed, but was filled out by the doctor after the procedure. Clitoral hood reduction was not discussed. The plaintiff claimed that she only wanted a little tissue removed, rather than a full labiaplasty. Allegedly the surgeon removed part of the clitoral hood. This was denied by the defendant. Medical battery was alleged against him, along with medical malpractice. Plaintiff claimed loss of sexual sensation, psychological injuries, and a misdirected urine stream.

Plaintiff alleges defendants negligently failed to see a hepatic artery aneurysm on a CT scan without contrast. Three years the aneurysm ruptured, resulting in surgery to repair the rupture. It was unsuccessful and during a second surgery, the plaintiff suffered a cardiac arrest. He was resuscitated, but was left with anoxic brain damage. Plaintiff’s experts said that the aneurysm was evident on the earlier CT and that a CT with contrast would have been more definitive and was required by the standard of care. The defendants and defense experts, who did blind reads, said that they were looking for something else and that it was not below the standard of care not to see it. Claimed medical specials were $625,000 and LOE, past and future was $880,000.

Plaintiffs were parents of baby (deceased) who alleged that the negligence of defendant hospital and physicians resulted in a decision not to perform a cesarean section and the baby’s dying shortly after vaginal delivery. The nurses and physicians further allegedly failed to recognize dysfunctional labor indicating the baby would likely not fit the birth canal, failure to recognize Category III decelerations, and failure of the nurses to advocate for the patient.

Plaintiff sustained an inguinal hernia at work. Defendant surgeon repaired it using mesh and also excised a cord lipoma. During the procedure, the spermatic cord became entangled. The patient went home, but returned after 2 days of severe pain. He was diagnosed as having testicular torsion. A second surgery resulted in orchiectomy, removal of the mesh, and further hernia repair. The plaintiff alleged that the injury was a result of negligently performed surgery in that a suture was placed in the spermatic cord causing it to become entangled and leading to ischemia that should have been detected earlier while the testicle was salvageable.

Plaintiff, a 56 year old woman was treated by defendant Urologist for stress urinary incontinence and cystocele with bulging of the bladder into the vagina. The defendant placed a mesh sling to correct the problem. The surgeon then found a tear in the back of the bladder causing urine to leak. In trying to repair it with sutures, the opening became larger. On opening the abdomen, a large bladder tear was noted. In attempts to pass guidewires, through the ureter, multiple additional tears were caused. Allegedly the mesh was placed in the wrong place and later had to be removed when it should have been removed once urine leakage was noted. Additionally, a stitch was inadvertently placed through the ureter so that the guidewire could not be passed.

The plaintiff’s mother was admitted to the hospital following repair of a thoracic-abdominal artery aneurysm at a different hospital. Decedent had been warned to look for signs and symptoms of DVT. While in the second hospital ER, a nurse noted leg swelling. To rule out potential DVT, the doctor gave a verbal order for a venous Doppler ultrasound. The order was not charted and the Doppler was never performed. Two days later, the patient was found unresponsive. CPR was unsuccessful. Autopsy revealed that the cause of death was a massive pulmonary embolism secondary to DVT. Plaintiff alleged that the Doppler should have been performed and if done, it would have shown the DVT resulting in the use of anti-coagulants that would have saved the patient.

Plaintiff alleged that during laparoscopic removal of mer appendix, defendant surgeon inadvertently removed her fallopian tube. This was discovered on the pathology report. Defendant contended it was a difficult procedure because of dense adhesions and the appendix was hard to find. An organ “looking like” an appendix was removed.

Plaintiffs’ baby was born prematurely at 24-26 weeks gestation. The newborn was placed on a ventilator. Defendants allegedly were allegedly negligent in monitoring him leading to a pneumothorax. Plaintiffs also claimed that defendants negligently used a catheter procedure and placed a chest tube under unsterile conditions leading to a staph infection from which the baby died.

Female plaintiff underwent a rhinoplasty by defendant plastic surgeon. Because of a mistake, she was given 11 times the appropriate dose of epinephrine. This led to a heart attack for which she was rushed to a hospital. She was diagnosed with cardiomyopathy, acute hypoxic respiratory failure, non-ST elevated M.I., and acute systolic heart failure.

Plaintiff was taken to defendant hospital for injuries from an auto accident, including multiple displaced pelvic fractures. During surgery to repair the fractures, plaintiff alleged that screws used were too long, protruding through the bones and causing a torn bladder. This required a second surgery. The plaintiff claimed continuing urological problems.

The plaintiff, who had a long history of significant and complicated spinal problems, claimed that defendants negligently failed to timely diagnose an epidural abscess and when it was eventually diagnosed, the spinal surgery was negligently performed. This led to a further failure diagnose increasing post-operative cord compression and permanent paralysis, with lifetime care costing in excess of $1,000,000.

The 65 year old plaintiff with diabetes, type 2 and other conditions, was seen in defendant’s emergency room with complaints of right foot pain and swelling and an open blister. No mention was made of stepping on anything sharp or peripheral neuropathy. After a diagnosis of gout arthritis and an injection of medicine for that condition, which improved symptoms, Plaintiff was discharged home. After discharge, lab results were indicative of infection. After two days of trying to bring him back, the plaintiff returned. Severe infection was found and ultimately, a forefoot amputation took place. Sharp metal objects had been found in his foot on pre-op X-rays. The plaintiff claimed failure to promptly diagnose and treat his condition. Defendant contended that Plaintiff was not injured by any act of Defendant.

Defendant dentist planned to extract plaintiff’s wisdom tooth #16. No pre-, or post-op antibiotics were given. Plaintiff declined antibiotics because she was already on an antibiotic for UTI. It is not used for oral infection. The next day her face was swollen and defendant told her he would order antibiotics the next day if worse. He didn’t order the antibiotics. Three days later she went to urgent care for severe oral pain and swelling. A facial abscess was drained and part of a retained wisdom tooth was removed. Plaintiff alleged failing to order antibiotics, performance of the extraction, and failure to refer to an oral surgeon fell below the standard of care.

Claimant alleged that Respondent podiatrists improperly diagnosed plantar fasciitis and delayed a diagnosis of a stress navicular fracture leading to a long period of pain and suffering that never resolved.

Plaintiff, a 55 year old woman had a history of left ankle ligament reconstruction. Because of worsening pain and difficulty walking, she went to defendant podiatrist and group. The podiatrist performed left ankle joint replacement surgery which resulted in bi-malleolar fractures. ORIF was performed to repair the fractures, but complications led to ankle fusion. Defendant allegedly performed negligent surgery in that the implanted hardware caused the bi-malleolar fractures. Absence of proper wound washout and antibiotics led to healing problems and infection. Special damages were $645,000.

The family of the 56 year old Managed Care patient/decedent, alleged that a benign facial lesion progressed to a lethal cancer that metastasized, causing the patient’s death because of improper delay and failures to authorize treatment, consultations, and procedures despite requests by physicians. This was allegedly a violation of Civil Code, section 3428 and Health and Safety Code, section 1367.01.

52 year old electrician experienced numbness, tingling, and weakness in his legs. A cervical MRI revealed a large central disc severely compressing the spinal cord. Plaintiff went to defendant group that included chiropractors, MD’s and a neurosurgeon. The chiropractor allegedly gave adjustments over 30 days. Plaintiff’s legs grew progressively worse until he could not walk. This lead to cervical spine decompression surgery. Despite the surgery and extensive physical therapy, the patient was left with permanent cord residuals and could never work again. He alleged that the chiropractor should have referred him to the neurosurgeon immediately, negligently delayed the needed surgery, gave dangerous adjustments, and falsified records. All of this fell below the standard of care. Specials totaled $1.48 million.

The plaintiffs were the children of their deceased mother. Allegedly, the pharmacy defendant negligently filled a properly ordered prescription of Cardizem and negligently gave instructions to a home health nurse who gave 10 times the medication ordered. This led to complications and ultimately the patient’s death.

Plaintiff alleged that defendant podiatrist negligently failed to properly diagnose and treat a diabetic wound leading to osteomyelitis in the plaintiff’s heel and surgical resection of part of the heel. This was followed by a fall while on the way to the bathroom in the hospital. This resulted in a fractured heel and eventually a below the knee amputation.

Plaintiff went to the defendant dentist for a redo of crown #18. He alleged that the crown was removed by a dental assistant, rather than by a dentist as required by law. As it was being removed, plaintiff coughed and aspirated it, requiring hospitalization and removal by bronchoscopy. Defendant claimed that she, not the dental assistant removed the crown.

Decedent, 57-year-old woman, was a patient in defendant hospital. Two days following surgery, the patient got up at night with nurse’s help to go to the bathroom. While alone in the bathroom, she fell hitting her left chest/abdomen on the toilet. She was taken back to bed, but several hours later, her spleen, which had ruptured, bled out causing her death. Plaintiffs were the husband and ten children who sued for wrongful death. They claimed that nursing conduct, including patient observation, documentation, and physician notification fell below the standard of care.

Decedent, a 37-year-old woman, was seen in defendant OB-GYN’s office by defendant nurse practitioner for a lump in her breast. Defendant sent patient for a study which lead to the impression that the lesion was non- malignant. The patient was told to return to defendant in a few months and when she did, the lesion appeared much worse and the diagnosis was made of an aggressive cancer which eventually resulted in the patient’s death. Plaintiffs were the husband and children of the patient who alleged that defendants negligently failed to properly diagnose and treat the cancer. Because the cancer was aggressive, causation was a significant issue. The family claimed the loss of decedent’s earning capacity in a new business.

Plaintiffs were the widow and children of decedent who was a middle- aged man. Defendant surgeon performed placement of a subclavian line which studies later showed had inadvertently punctured the pulmonary artery. After the procedure, the patient bled out in recovery, but a second surgery appeared to correct the problem. While in ICU after the second surgery, the patient bled out again and died. Plaintiffs claimed lack of informed consent, negligent performance of the initial procedure, failure to properly observe the patient post-op, and negligent subsequent surgery. Plaintiffs claimed non-economic damages, as well as loss of future income.

Plaintiffs, a 4-year-old girl and her mother, allege that defendant neonatologists negligently failed to recognize that skin lesions on the newborn girl seen at the time of birth could have been herpetic lesions. The mother’s history included evidence of past herpes. The doctors allegedly should have performed a C-section for delivery and should have treated the newborn for presumptive herpes infection. As a result of this negligence, the plaintiff suffered severe herpes encephalopathy, permanent brain damage, and permanent quadriplegia. Lifetime medical care was alleged to exceed $16 million present value. Plaintiff also claimed lifetime loss of earning capacity.