Recent Posts in Medical Malpractice Category
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What You Need to Know About Surgical Never Events
Posted By Brett H. Oppenheimer, PLLCIt is estimated that more than 4,000 patients are victims of surgical errors every year in the United States. Surgeons, other physicians (e.g. anesthesiologists) and medical providers owe a duty of care to patients. This involves providing accurate, effective, and safe medical treatments. If they breach this duty of care and cause harm to patients, they may be held accountable in court. What Are ...Continue Reading -
DePuy Orthopedics Hit with $247 Million Verdict or Metal-on-Metal Hips
Posted By Brett H. Oppenheimer, PLLCJohnson & Johnson, and its DePuy Orthopaedics division, suffered a loss in federal court in recent weeks after a jury awarded $247 million to six plaintiffs who the jury found were injured as the result of defective Pinnacle Hip implants. This is the third straight verdict against Johnson & Johnson/DePuy. DePuy manufactured and marketed these metal-on-metal hip implants that were eventually ...Continue Reading -
FDA Warnings on Absorb GT1 Bioresorable Vascular Scaffold (BVS)® and Adverse Cardiac Events
Posted By Brett H. Oppenheimer, PLLCIn March of 2017 and again in October of 2017, the FDA sent letters to healthcare providers warning that an ongoing study involving the Absorb GT1 Bioresorbable Vascular Scaffold (BVS)® indicates an increased rate of major adverse cardiac events and an increased risk of developing blood clots in patients. WHAT IS THE ABSORB GT1 BVS®? Abbott Vascular manufactures the Absorb GT1 BVS® medical device. ...Continue Reading -
A Kentucky Judge Strikes Down Medical Review Panels
Posted By Brett H. Oppenheimer, PLLCA Kentucky judge has struck down Kentucky law requiring that a panel of doctors review all medical malpractice claims prior to trial on the grounds that the law is unconstitutional. This Medical Review Panel law both went into effect and was struck down in 2017. On October 30, 2017 Judge Philip Shepherd, a Franklin Circuit Court Judge, said that the medical panel review board would not serve to ...Continue Reading -
The Liability of Hospitals and Doctors Printing 3D Medical Devices
Posted By Brett H. Oppenheimer, PLLCThe 3D printing process entails building solid, three-dimensional objects from digital models, using an additive process in which successive layers of material are assembled on top of one another to build a product. As 3D printing becomes more commonplace, it presents several liability questions for those injured by these products and devices. But when a doctor or hospital prints the device at ...Continue Reading -
EpiPen Defective - Recall
Posted By Brett H. Oppenheimer, PLLCContinue Reading
Last month, the U.S. Food and Drug Administration (FDA) alerted consumers to Meridian Medical Technologies’ voluntary recall of 13 lots of Mylan’s EpiPen and EpiPen Jr Auto-Injector products used for emergency treatment of serious allergic reactions. The recall has been administered due to the possibility that these devices may have a defect that leads to the devices’ failure to activate. Although ...
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Medical Malpractice Claims Have Actually Dropped over 55% in the Last Two Decades
Posted By Brett H. Oppenheimer, PLLCIn January I discussed that Kentucky and many other states are passing Tort Reform legislation. The main argument that these state governments are making is that changes are necessary due to soaring medical malpractice costs for doctors and health care providers as the result of “frivolous” lawsuits. The medical community is claiming that both insurance premiums and medical malpractice claims are ...Continue Reading -
Hernia Surgical Mesh Implants
Posted By Brett H. Oppenheimer, PLLCThere are currently lawsuits filed and being filed on behalf of patients injured by hernia mesh implants. These lawsuits allege that hernia mesh can cause such adverse reactions as organ damage perforation, bowel obstruction, infection, and hernia recurrence. Furthermore, the lawsuits allege that the makers of these hernia mesh implants failed to adequately research these implants, failed to ...Continue Reading -
Doctors May Choose to Not Reveal Mistakes Made by Other Doctors
Posted By Brett H. Oppenheimer, PLLCWhen was the last time you discovered that one of your coworkers made a mistake and decided to not do something about it? Most of the time, we need not be concerned about coworkers overlooking the slipups of their colleagues, but when it comes to medical practitioners, those mistakes could jeopardize a patient’s health. The New England Journal of Medicine (NEJM) has warned in an article that ...Continue Reading -
Medical Error Mix-Ups Still Prevalent in Hospitals and other Healthcare Facilities, Study Finds
Posted By Brett H. Oppenheimer, PLLCThe best medical treatment in the world won’t do any good, and could potentially do serious damage, if it is applied to the wrong patient. This is why patient mix-ups are so dangerous. With more and more medical facilities, hospitals, and healthcare clinics utilizing electronic healthcare records (EHR), the number of incidents involving mistaken patient identity should conceivably go down. ...Continue Reading -
Factors to Consider When Filing a Medical Malpractice Claim in KY
Posted By Brett H. Oppenheimer, PLLCWhen a person places their trust in a doctor, nurse, hospital or other medical professional, they are doing so with the expectation that they will provide the highest quality care and treat them to the best of their ability. Unfortunately, this trust is not always honored. As such, when medical professionals act negligently or fail to adhere to the standard of care, the resulting complications, ...Continue Reading -
Medical Malpractice Lawsuit: What You Can Expect
Posted By Brett H. Oppenheimer, PLLCThinking about beginning a medical malpractice lawsuit can be understandably intimidating, as you might be going up against a defendant that is backed by a large corporation or medical institution. No matter how great your opposition, it is important that you follow through with your case, as lawsuits are often the only way a negligent medical practitioner or group is penalized for wrongdoing. Not ...Continue Reading -
Many Malpractice Claims Originate from a Handful of Doctors
Posted By Brett H. Oppenheimer, PLLCMedical malpractice is a problem that affects and hurts thousands upon thousands of Americans each year. But despite how widespread the issue is, a 2016 study published by the New England Journal of Medicine suggest that a disproportionately small percentage of medical practitioners are to blame for a significant percentage of the cases. The study reviewed paid medical malpractice claims – or ...Continue Reading -
Why Medical Malpractice Claims Can Feel Like an Uphill Battle
Posted By Brett H. Oppenheimer, PLLCWhenever a plaintiff creates a civil lawsuit or threatens to create one, they should reasonably anticipate some resistance from the defendant; no one, even those who know they have done wrong, like to pay out of their own pocket to set things right. This level of confrontation can be magnified tenfold when a plaintiff has to file a medical malpractice claim against a hospital, clinic, doctor, ...Continue Reading -
New Suit Against Cialis
Posted By Brett H. Oppenheimer, PLLCIn August of 2016 seven men have filed lawsuits against ELI Lilly and Co alleging that they suffered skin cancer as the results of taking Cialis. Cialis is an erectile dysfunction drug. These men join a growing number of lawsuits filed against the makers of erectile dysfunction drugs such Pfizer who manufactures Viagra. These lawsuits claim that Eli Lily and Pfizer should have known of the link ...Continue Reading -
Study Suggests Medical Error is Third Leading Cause of Death in the United States
Posted By Brett H. Oppenheimer, PLLCA recent study by Johns Hopkins University researchers claims that Medical Errors are now the third leading cause of death in the United States. People are going to doctors and hospitals in the hopes of protecting their health, yet 251,454 deaths a year can be attributed to preventable medical errors. According to the Centers for Disease Control (CDC) heart disease is the number one cause of death ...Continue Reading -
Was Child's Leukemia Caused by X-Rays During Pregnancy?
Posted By Brett H. Oppenheimer, PLLCThis inquiry came via email. While pregnant, this mother went to a chiropractor for back pain. She was concerned about going to a “medical doctor” (M.D.) because she did not want to be prescribed medication for fear that it would damage her unborn baby. The chiropractor, with full knowledge of her pregnancy, gave her a series of x-rays. When her son was 7 months old he was diagnosed with leukemia ...Continue Reading -
Did Unmonitored Fetal Distress Result in Cerebral Palsy?
Posted By Brett H. Oppenheimer, PLLCThis inquiry came from a 27 year old special education teacher. Her son was diagnosed with cerebral palsy when he was 2 years old. Mom had concerns about both the hospital and the OB-GYN and their failing to properly pay attention to fetal distress. By in large, the pregnancy was normal. However, the labor was extended (approximately 22 hours). During that time there were several concerns about ...Continue Reading -
Male Patient Suffers Pancreatits Complication After Undergoing ERCP
Posted By Brett H. Oppenheimer, PLLCEven though it is less common for a male patient to undergo an ERCP (Endoscopic Retrograde Cholangiopancreatography) than a female patient, sometimes men do undergo this test. This caller was a middle aged male who had undergone an ERCP and had suffered the complications known as pancreatitis. ERCP is a method for doctors to evaluate problems with the patient’s pancreas, gall bladder, bile ducts ...Continue Reading -
Did a Doctor's Failure to Test Lead to a Patient's Death?
Posted By Brett H. Oppenheimer, PLLCThe family of this 71 year old client contacted our offices to discuss the following potential Kentucky medical malpractice case. The patient presented with a medical complaint of “right lower leg pain, swelling, heat”. The physician diagnosed a small superficial thrombosis inferior to the patient’s right calf. The doctor suggested warm compresses for 2 hours, 3 times a day and 2 aspirin every 4 ...Continue Reading -
Snakebite Victim Misadvised by Hospital, Almost Loses Arm
Posted By Brett H. Oppenheimer, PLLCOur office received a call from a 28 year old gentleman that lived in a small town outside Louisville, Kentucky. He was doing some yard work when he was bitten by a copperhead snake. He did not believe it to be a very significant bite and it was a small snake. However, he did go to his local hospital. The hospital ER staff explained to the patient that he had a “dry bite”. The physicians with whom ...Continue Reading -
Young School Girl Paralyzed After Delayed Medical Attention
Posted By Brett H. Oppenheimer, PLLCWe received a call from a 12 year old school girl’s family. This young girl reported having a headache to her teacher at her elementary school. The teacher told her to “put her head down on your desk”. Later that day, the child continued to complain of headaches while she was in the library. Once again, she was told to put her head down on the table. Later, in the early afternoon, the child ...Continue Reading -
Pregnant Mother Loses Baby After Doctor Dismisses Concerns of Bleeding
Posted By Brett H. Oppenheimer, PLLCAt 36 weeks of pregnancy this 23 year old mother called her OB-GYN because she had started bleeding. The doctor explained that her checkup had been the prior day and that the doctor was comfortable that she was fine. Later that day the pregnant patient called again because she had cramping in addition to the bleeding. Once again, the doctor said he was comfortable that the patient was fine because ...Continue Reading -
Eighteen Year Old Mother Dies From Undiagnosed Blood Clot
Posted By Brett H. Oppenheimer, PLLCOne week after the delivery of her first child, this eighteen year old mother lost her life as a result of a blood clot that was not diagnosed. The relevant history included a normal pregnancy that went to full term. A vaginal delivery was induced mid-day on Friday and the baby was born early morning on Saturday. By Wednesday the young mother started looking bad, feeling bad and being short of ...Continue Reading -
Doctor Fails to Recognize the Fracture and Dislocation in Child's Arm
Posted By Brett H. Oppenheimer, PLLCA concerned parent from Georgetown, Kentucky contacted the Louisville Law Offices of Brett H. Oppenheimer, PLLC to discuss the family’s allegations that their four year old daughter had sustained fractures in her arm due to a fall. The allegation was that the pediatric orthopedic surgeon failed to diagnose a radial head fracture and/or a dislocation of her radius. The failure to diagnose the ...Continue Reading
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