Selected Verdicts and Settlements
3,500,000 Settlement Nassau County Medical Malpractice
Failure to Monitor - Anesthesiology - Emegency Room
Intubated patient not adequatley watched...read full story
$3,950,000 for the wrongful death of a 42 y.o. divorced mother of 4
children who died after suffering a pulmonary embolism. The patient was
admitted to the hospital and diagnosed with an abdominal/pelvic abscess as
a result of a perforated bowel. She was administered I.V. antibiotics for one
week. Prior to her discharge a CT scan was scheduled to be performed. The
patient was discharged, however, without the CT scan being performed. She
was readmitted to the hospital several days later and a CT scan at that time
showed the abscess had not resolved. While she was admitted to the
hospital the second time she developed signs and symptoms of pulmonary
embolism which were not addressed until it was too late and she suffered
severe complications, resulting in her tragic death. It was claimed that the
patient should not have been discharged during the first admission until it
was established that the abscess was resolved via CT scan and that the
hospital staff and physicians failed to timely and properly act upon the
patient’s signs and symptoms of pulmonary embolism. It was argued that had
such malpractice been avoided, the plaintiff’s death could have been
prevented and she would have made a full recovery.
$2,950,000 for the husband and 2 children of a 46 y.o. homemaker who
suffered a fatal heart attack. The plaintiff had presented to the emergency
room complaining of nausea and vomiting, chest pain and excessive
sweating. She was evaluated by the emergency room physician who ordered
laboratory tests and an electrocardiogram (EKG), to evaluate her cardiac
status. Despite the fact that the hospital record only documented the
laboratory tests as having been performed, the defendant claimed an EKG
was in fact done. The physician discharged her, attributing her complaints to
an infection or an insect bite. The next day she suffered a fatal heart attack.
It was claimed that if an EKG had in fact been performed it would have lead
to a correct diagnosis and appropriate treatment could have been rendered,
thereby avoiding the disastrous result that occurred.
$1,800,000 for a 56 year old union laborer who was not supplied with
appropriate safety devices under New York’s Labor Law while erecting a
tower crane at a construction site. While the plaintiff was guiding the jacking
beam into place he was caused to fall approximately 20 feet down the
superstructure onto debris and the ground below. He suffered multiple
fractures, including two vertebra in his neck, his right wrist, his clavicle and
multiple ribs. The neck fracture required surgery with hardware implantation.
The plaintiff recovered, but continued to suffer a severely restricted range of
motion in his neck and could not return to work.
$1,750,000 for a woman who suffered gross disfigurement of her
abdominal and vaginal areas as a result of the failure of her doctor to
diagnose and treat necrotizing fasciitis (a “flesh eating” infection). The
patient had presented to her obstetrician/gynecologist with complaints of a
localized infection in her genital area, including a small, painful “boil”. Her
obstetrician lanced the “boil” but did not obtain any pathologic study of the
fluid and debris that was obtained during the lancing. During the ensuing
days the patient developed terrible pain and symptoms of a more
generalized infection. Unfortunately, despite attempts by the patient to
obtain further treatment from her obstetricians, she was unable to secure
additional care. Frustrated, she presented herself to the hospital where she
was diagnosed with a severe necrotizing fasciiti that had destroyed much of
the tissue in her vaginal and lower abdominal area. The patient required
multiple surgeries which included removal of infected and destroyed and/or
infected tissues over many months. Ultimately she was left with permanent
severe and disfiguring scarring.
$1,575,000 for a 48 y.o. male who underwent an elective circumcision
revision and a penile augmentation procedure with five revision surgeries.
The plaintiff developed significant scarring and loss of blood flow to the
operative site. As a result he could not achieve an erection. He went to
another physician for revision of the scar tissue in the hope he could regain
function. A prosthetic pump was placed, but the patient did not regain
adequate blood flow and developed a severe infection. Ultimately, the
patient required a partial penectomy.
$1,400,000 for a blind 70 y.o. woman who suffered a stroke resulting in a
dense hempilegeia (paralysis on one side of the body). The patient
presented to the hospital with signs and symptoms that were clearly
indicative of stroke, including focal neurologic signs. The patient was
administered heparin despite the fact that she demonstrated clear signs of a
worsening bleed in her brain. The heparin was inappropriately continued for
several hours before it was finally discontinued. Unfortunately, by that time
the patient had developed an irreversible dense hemiplegia, ultimately
requiring moths of rehabilitation and leaving her dependent upon a walker
for ambulation.
$1,250,000 for an infant who suffered brain injury resulting in mild cerebral
palsy. The infant plaintiff’s mother was 29 weeks pregnant when she awoke
to her bed being soaked with fluid. She immediately called her obstetrician to
advise of this development and was told that she would have to wait until
that afternoon to be evaluated. When she was evaluated that afternoon
testing was done to determine if her water had broken. The testing was
negative. Despite the fact that such testing is known to have a significant
false negative rate, she was sent home and told to come back the following
week for a sonogram. Unfortunately, that evening the mother began to
experience labor contractions and went to the hospital. Testing was done
that revealed signs of an infection, but no medication was given for the
infection for a number of hours. Ultimately, the mother delivered the child
early the next morning. Pathological examination of the placenta showed that
the infection had in fact reached the infant prior to delivery. The infection
and premature birth resulted in the infant suffering sepsis, respiratory
distress syndrome, intraventricular hemorrhage (bleeding within the brain)
and periventricular leukomalacia (PVL).
$1,225,000 for a 69 y.o. single retired woman who was the victim of a
failure to diagnose malignant melanoma. The plaintiff went to the defendant
dermatologist complaining of a “rice sized” lump in her left cheek. The
plaintiff indicated that the dermatologist diagnosed the lump as a cyst and
instituted a course of treatment for same. The plaintiff claimed that despite
the treatment, the lump continued to increase in size. Seven months later
she decided to consult with another dermatologist and obtain a second
opinion. This dermatologist ordered a biopsy which revealed that the lump
was in fact a malignant melanoma. She then underwent a resection of her
cheek and a neck dissection. As a result of the surgery she had residual
nerve damage and required skin grafting from her forearm to her cheek.
She did not suffer metastasis or a recurrence. It was claimed that the
defendant should have performed an immediate biopsy at the time of the
first visit, and that if this had been done such radical treatment would not
have been necessary.
$875,000 for a single mother of two children who suffered a failure to
diagnose breast cancer. The patient underwent a routine screening
mammography that was interpreted as normal. Several months later she felt
a lump in her breast and reported it to her physician. One year after the
initial mammography another mammogram was done and revealed evidence
of breast cancer. Testing ultimately revealed that the patient had breast
cancer and she required a lumpectomy with chemotherapy and radiation. It
was claimed that the initial mammogram was read incorrectly and, in fact,
showed evidence of breast cancer. Plaintiff argued that had the diagnosis
been properly made at that time the plaintiff’s cancer would not have spread
as far as it did and she would not have required the extensive and painful
treatments that were necessary. As of the time the case was proceeding to
trial the plaintiff had remained cancer free.
$875,000 for the family of a 54 year old woman who died as a result of the
failure to timely and properly diagnose colon cancer. The plaintiff had a
family history of colon cancer. The defendant performed three
colonoscopies on the plaintiff during a six year period. During this time the
plaintiff complained of rectal bleeding and pain on numerous occasions. She
was also found to be anemic on at least one occasion. The defendant
attributed these complaints to hemorrhoids. The reports relevant to the two
earlier colonscopies indicated that the defendant had not visualized the
ascending colon and cecum. Thus, pursuant to appropriate practice, they
could not be considered complete. The defendant claimed he could not
advance the scope beyond the transverse colon. Ultimately, an exploratory
surgery was performed on the patient to determine the cause of her
symptoms and a cancerous mass was found in her cecum. Consequently,
much of the patient’s intestines were removed. She was diagnosed with
Stage III cancer, administered palliative chemotherapy and died after the
cancer further metastasized.
$750,000 for a 27 y.o. woman who underwent a total abdominal
hysterectomy for cervical carcinoma in situ. During the surgery, which was
performed by a lead surgeon assisted by a resident, a stitch was improperly
placed in the patient’s intestine. As a result of the improperly placed stitch,
the young woman developed a severe systemic infection which was not
timely diagnosed. By the time the infection was ultimately diagnosed the
infection was so severe that another surgery was required, during which
sections of her intestines were removed and a temporary colostomy was
placed. While the young woman ultimately recovered, she was left with
severe abdominal scarring.
$750,000 for a young child who suffered an unduly traumatic delivery
resulting in an Erb’s palsy of her dominant arm. The infant’s mother had
experienced a normal healthy pregnancy. At the time she presented to the
hospital for delivery the mother was contracting and laboring normally.
During the delivery the infant’s should became stick on the mother’s pubic
bone, a condition known as shoulder dystocia, preventing the baby from
being delivered. It was argued that when the physician attempted to
accomplish the delivery excessive traction was applied to the infant’s head,
causing a stretching and/or tearing of the nerves in the patient’s brachisal
plexus. Upon being delivered the infant’s arm was limp. Unfortunately, while
some function of the arm was recovered the child was left with a permanent
disability.
$750,000 for an infant boy who was maimed as a result of a routine
circumcision. The infant was delivered as a healthy and normally developed
child after an uneventful pregnancy. In anticipation of his discharge a routine
circumcision was performed. Ultimately, it was determined that the
circumcision had been performed incorrectly and the infant’s penis was
disfigured and he had a laceration down to his urethra. He required
extended periods of catheterization and multiple surgical repairs.
$725,000 for a man in his late 70's who underwent a routine screening
colonoscopy. After the colonoscopy was completed, but before the plaintiff
left the doctor’s office, he experienced pain and almost passed out. The
physician examined him, performed an ultrasound, told him that he was fine
and sent him home. The next day the patient presented to the emergency
room at the hospital. It was determined that he had suffered a ruptured
spleen as a result of the colonscopy and had developed a severe
intraabdominal infection (peritonitis). He required extensive surgery during
which a portion of his intestines was removed and the placement of
colostomy (a bag to collect his stool).
$725,000 for a 66 year old, 305 lb. diabetic retired court officer who
required multiple surgeries following an improperly performed total hip
replacement. It was alleged that the defendant surgeon failed to properly
place the artificial hip and failed to issue appropriate instructions regarding
how to turn the patient after the surgery. The nursing staff turned the patient
post-operatively and the hip dislocated, requiring a second surgery. The
patient also developed a post-operative infection which was not properly
treated and necessitated additional surgeries.
$725,000 for the estate of a 55 y.o. retired woman who was a front-seat
passenger in a vehicle traveling on a highway when the driver lost control,
entered the shoulder and struck a tree. As a result of the impact she
sustained multiple fractures of her right leg, right arm and pelvis as well as a
dislocated hip. She was airlifted to the hospital where she underwent multiple
surgeries. Ultimately, she required additional surgeries after developing
compartment syndrome. Sadly, she died less than 2 weeks after the
accident.
$700,000 for the widow of a 64 y.o. man suffering from chronic obstructive
pulmonary disease, diabetes, and coronary artery disease who was
scheduled for coronary artery bypass surgery. In preparation for the surgery
several attempts were made to intubate the patient before the
anesthesiologist was finally successful. The multiple attempts at intubation,
however, traumatized the patient’s airway and caused significant swelling.
Thereafter, the patient was extubated and the following day he developed
signs of respiratory distress that went unrecognized and untreated. As a
result, his condition deteriorated and he suffered a heart attack and
respiratory distress syndrome. Sadly, he died 5 days later.
$700,000 for the wrongful death of a 64 y.o. man who smoked for 40 years
from lung cancer due the failure to properly take and interpret a chest x-ray.
The plaintiff underwent a routine chest x-ray as part of annual physical
exam. His doctor interpreted the test as negative. Eleven months later the
plaintiff returned to the physician complaining of nausea, stomach cramps
and pain and diminished appetite. The doctor examined him and prescribed
him a special diet. When the diet did not alleviate his symptoms he was
prescribed antibiotics followed by antacid drinks. Two months later his lung
function was impaired and he had a bad cough. The defendant took another
x-ray of his chest and diagnosed him with pneumonia. Several days later his
lung function continued to worsen and he was taken to the hospital in an
ambulance. At the hospital additional chest x-rays were taken and, while
they did demonstrate pneumonia, they also demonstrated that he was
suffering from stage IV cancer of the lungs. He received radiation therapy
and died two months later. It was claimed that the earlier chest x-ray was of
such poor quality that it was essentially useless and could not have been
relied upon to rule out lung cancer and therefore, the plaintiff should have
been referred to another facility for a better study.
$575,000 for a 60 y.o. homemaker who was the victim of a failure to timely
and properly diagnose her breast cancer. The plaintiff, who initially did not
feel any abnormalities in her breast, underwent routine yearly mammograms
at the defendant’s radiology facility. Approximately 8 months later, the
plaintiff felt a lump during a self breast exam and returned to the radiology
facility for further studies. These studies revealed an abnormality and a
biopsy was performed which revealed cancer (infiltrating lobular carcinoma
and extensive lobular carcinoma in situ). Ultimately, the plaintiff underwent a
modified radical mastectomy and dissection of 20 lymph nodes. The lymph
node dissection revealed cancer in one lymph node. She was diagnosed
with stage II cancer and underwent chemotherapy. By the time of trial she
had not suffered a metastasis or recurrence. It was claimed that the
radiologists at the facility failed to properly compare her current
mammogram with those taken previously as is required by the standard of
care and that if they had done so her cancer would have been diagnosed
while it was still Stage I, thereby requiring less aggressive treatment.
$525,000 for a woman in her late 30's who suffered a vesico-vaginal fistula
(communication between the bladder and the vagina) requiring multiple
corrective surgeries. The plaintiff underwent a total abdominal hysterectomy
and removal of her fallopian tubes and ovaries. Post-operatively, after a
urinary catheter was removed, she complained of “non-stop” urination and
leakage. After several weeks it was determined that she had a vesico-
vaginal fistula which was allowing urine to leak from her bladder and out of
her vagina. Thereafter, she underwent several surgical repair attempts.
Ultimately, after about 8 months the fistula was successfully surgically
repaired at another facility. It was alleged that the surgeon who performed
the original surgery had done so improperly, thereby causing the fistula.
$500,000 for a 44 y.o. woman who discovered a lump in her breast during
a self-exam. She underwent a mammogram several weeks later that was
reported as normal. The physician who performed the mammogram,
however, also felt the lump and decided to perform a sonogram. The
sonogram showed that the mass was either solid or a cyst. (If the mass was
solid, that could signify cancer). The radiologist referred the patient to a
surgeon who specialized in breast disease for the aspiration. The surgeon
had examined the patient on other occasions in the past. The surgeon
determined, based upon his exam and the report of the sonogram, that the
lump was an enlarged lymph node. The surgeon ordered a follow-up
sonogram for 3 months later. The sonogram was done and was interpreted
as showing a cyst. The plaintiff claimed that the mass was still present at this
time, but the surgeon denied its presence. Seven months later the plaintiff
returned to the surgeon with her husband at which time both pleaded with
him to take some action. The surgeon attempted an aspiration, but was
unable to obtain any specimen for testing. Ultimately, the patient underwent
a lumpectomy and a 1.6 cm cancerous tumor was removed. A sentinel lymph
node biopsy was performed and showed that a small amount of the cancer
had spread to one lymph node. The patient required chemotherapy and
radiation therapy. She had not experienced a metastatsis or recurrence of
the cancer by the time the case went to trial.
$450,000 for a 32 y.o. married school teacher whose breast cancer was
allowed to advance due to a delay in diagnosis. The plaintiff discovered a
mass in her breast on self-exam. She went to her physician and complained
of the lump. A sonogram was performed which revealed microcalcifications in
a different portion of the breast. The report suggested that the
microcalcifications should be biopsied and left the decision as to whether or
not to perform a biopsy of the palpable mass to the surgeon. Three months
later the stereotactic biopsy was performed only in the area of the
microcalcifications and yielded non-malignant results. During the course of
the next year the plaintiff felt the palpable mass begin to grow. Approximately
11 months after the initial biopsy, a biopsy of the palpable mass was
performed and revealed cancer. The patient was diagnosed with Stage II
cancer and underwent a lumpectomy, radiation therapy and chemotherapy.
It was alleged that the failure to biopsy the palpable mass at the time of the
sterotactic biopsy caused a delay in the diagnosis and treatment of the
patient’s cancer.