Injured L.A. teenager awarded $5.5 million

Posted on August 23rd, 2010 No Comments

Los Angeles County has approved a medical malpractice settlement of $5.5 million to help care for a Redondo Beach cheerleader who fell during a stunt.

The 15-year-old girl was injured during a cheerleading performance and taken to County Harbor-UCLA Medical Center immediately after, where she was treated for brain bleeding. After five days of treatment, she was released, but returned the next morning with massive brain damage, paralysis, and retardation.

According to the suit, she will need constant care for the rest of her life. While the county has agreed to pay the settlement, the terms of the settlement absolve the county from liability or fault.

Asthma easily misdiagnosed in the obese

Posted on July 23rd, 2010 No Comments

Recently, researchers conducted a study published in the medical journal Chest, showing that chances of misdiagnosis of asthma are significantly higher in obese patients.  The study found that in 500 adults who had been diagnosed with asthma, 150 were wrongly diagnosed.  After performing objective lung-function tests researchers found that 30 percent of the adults did not have asthma.

Furthermore, in patients who had sought emergency care for breathing trouble, obese men and women were four times more likely to be wrongly diagnosed with asthma.  Researchers believe one of the main reasons for the misdiagnoses is the failure to use spirometry and only diagnosing based on symptoms.  Spirometry is a standard lung function test used to diagnose asthma.  Additionally, doctors say that obese people are more likely to suffer from a variety of health problems including chest-tightening and breathlessness.

The researchers suggest that if you have to go to emergency care for trouble breathing, you should later go to a primary care physician for a second opinion and lung-function testing.

If your or someone you love has been the victim of a wrong diagnosis, contact the New Jersey wrong diagnosis lawyers of Levinson Axelrod P.A. at 800-346-5529 to learn more about your rights.

New Jersey Low in Rankings for Doctor Discipline

Posted on July 19th, 2010 No Comments

According to The Press of Atlantic City, the state of New Jersey ranks 40th in terms of disciplinary action taken after receiving complaints to the medical board. The Press reports that the board took no action for 93 percent of complaints last year.

“That board fielded 1,017 complaints against some of New Jersey’s approximately 33,000 licensed doctors. This resulted in 24 license revocations or voluntary surrenders and 45 temporary license suspensions, considered the most serious sanctions against physicians,” writes The Press of Atlantic City.

This forces patients to file lawsuits. Oftentimes it is because of a medical malpractice lawsuit that a doctor is required to take a refresher course. The board’s lack of disciplinary action also leaves it up to malpractice suits to affect physicians’ licenses.

There is also a general concern that even more complaints would be filed if doctors and hospitals were not so concerned with protecting each other. Doctors often observe each others’ mistakes but have no incentive to report the malpractice.

Medical malpractice is a serious offense. If you or someone you know has suffered as a result of malpractice, contact your New Jersey Medical Malpractice Lawyers at Levinson Axelrod, P.A., by dialing 1-800-34-NJ-LAW.

West Virginia Woman Sues Dentist for Malpractice

Posted on July 14th, 2010 No Comments

A West Virginia woman has filed suit against Charleston Dental Associates and the actual dentist for malpractice. She claims her dentist improperly treated her, causing excess discomfort and pain.

The West Virginia Record reports, “In January 2008, Linda Johnson was seen by Dr. Ernest N. Pennington, who took impressions of her mouth in preparation for a bridge, according to a complaint filed June 25 in Kanawha Circuit Court.”

Johnson alleges that the substance used in making the bridge mold caused an infection in her gums. The resulting bridge did not fit proprerly, according to Johnson, and left her roots exposed, causing severe pain.

“On Feb. 19, 2009, Johnson was seen by Dr. Richard Smith, who caused her to believe that previous treatment by Pennington ‘may have constituted medical malpractice,’ according to the suit,” writes The West Virginia Record.

Johnson said the improper treatment by Dr. Pennington resulted in the requirement of more painful procedures in the long run. She wants to obtain compensation.

When a doctor your trust mistreats you, the consequences can be endless. If you or someone you know has been the victim of improper treatment, call the New Jersey Improper Treatment Lawyers at Levinson Axelrod, P.A., by dialing 1-800-34-NJ-LAW.

Judge tries to reform medical malpractice trials

Posted on July 9th, 2010 No Comments

A part of the Obama administration’s approval of $25 million worth of grants to be distributed to state health departments, universities, and medical centers to reduce medical malpractice will go to a judge’s innovative approach to medical malpractice cases.

$3 million are going to implementing New York Judge Douglas McKeon’s “judge-directed negotiations” techniques nationwide in order to test and see if his approach could reform and reduce medical malpractice lawsuits.

McKeon calls his approach “judge-directed negotiations” or “humanness”.  He says, “I don’t discuss settlement offers with families right away … I just say, tell me a little bit about your loved one”.   McKeon has specialized in medical malpractice cases in his career and presides over all cases involving New York City hospitals in the Bronx and Manhattan.  His approach has saved hospitals over $50 million a year.

If you or someone you love has been the victim of medical malpractice, contact the New Jersey medical malpractice attorneys at Levinson Axelrod P.A. at 800-346-5529 to learn more about your rights.

Washington Supreme Court Rules Notice Requirement Unconstitutional

Posted on July 2nd, 2010 No Comments

In a 6-3 vote, the Washington State Supreme Court determined that a rule requiring 90-days notice to doctors for a malpractice suit was unconstitutional. Seattle PI reports that the court’s decision, “said the waiting period violates the separation of powers between the legislative and judicial branches of government.”

The 90-day requirement was implemented by the legislature to allow for a settlement process, instead of the case going straight to court.

The court, according to Seattle PI, says, “The courts already have procedural rules for filing civil suits, and adding a 90-day notice ‘conflicts with the judiciary’s power to set court procedures,’”

Seattle PI reports that the court threw out another reform last September. “The court said a law requiring injured patients to get a certificate of merit from an expert before suing violated separation of powers doctrine and unduly burdened the right of access to courts,” writes Seattle PI author, Curt Woodward.

Medical Malpractice is a serious offense. If you or someone you know has been a victim of medical malpractice, call the New Jersey medical malpractice lawyers at 800-346-5529.

Los Angeles Sisters Accused of Practicing Medicine Without License

Posted on July 1st, 2010 No Comments

Fox News reports that Los Angeles police have arrested two sisters for allegedly practicing medicine without a license. According to Fox, police say the sisters, Guadalupe and Alejandra Viveros, were running a cosmetic fillers business.

The two are held on charges of practicing medicine without a license, and bail has been set at $20,000. Several victims told police when they began suffering from complications following the procedures.

Fox News writes that, “In some cases, police say the fillers hardened into solid plastic and the patients developed infections.”

Guadalupe Vivero claims to be a physician in Mexico, but is still not licensed to practice in the United States.

Medical Malpractice is a serious crime and can severely affect its victims. If you or someone you  know has been a victim of medical malpractice, call the New Jersey medical malpractice lawyers at Levinson Axelrod, P.A., by dialing 800-346-5529.

How to obtain information about your doctor

Posted on June 17th, 2010 No Comments

When patients believe they have possible medical malpractice cases, they may want to obtain information about their doctor. While a complete history of a doctor’s medical history may not be available, there are a number of sources to obtain some information.

One useful source is the State Board of Medical Examiner. This source may provide information if the doctor has been convicted of medical malpractice.

Patients may also be able to find information on the Internet. However, information online may not be reliable or relevant for court.

If you or anyone you know has considered filing a medical malpractice case, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., at 800-346-5529.

Obama administration begins giving out grants for medical malpractice projects

Posted on June 14th, 2010 No Comments

The Department of Health and Human Service began giving out grants for projects designed to reduce medical malpractice costs.

According to an Obama administration press release, a total of $25 million in grants will be given to various health departments, universities, and medical centers. The grants are intended for projects that will minimize lawsuits and the risk of injury.

If you or anyone you know has questions about medical malpractice cases, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., at 800-346-5529.

What is a deposition in a medical malpractice case?

Posted on June 10th, 2010 No Comments

When medical malpractice cases are filed, lawyers and their clients often take a number of legal steps before the case goes to trial. One of these legal steps is a deposition.

During a deposition, attorneys and clients for both sides meet together. The plaintiff and other people involved in the case make sworn statements concerning important details and issues. Such depositions are normally conducted without a judge’s presence, but the testimony can still be used in trial.

If you or anyone you know has questions has questions about a medical malpractice case, contact the New Jersey medical malpractice lawyers of Levinson Axelrod, P.A., at 800-346-5529.

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