North Carolina Injury Lawyer Blog

The American Medical Association says that an average of 95 medical malpractice claims are filed for every 100 doctors. The AMA reveals this and other key findings in its report, which includes data based on a 2008 survey of 5,825 doctors from 42 specialties.

Other findings from the study:
• Almost 61% of doctors in the 55 and older age group have been sued.
• 90% of general surgeons in this age group will have been sued.
• The number of claims for every 100 doctors was over 5 times more for obstetricians-gynecologists and general surgeons than for psychiatrists and pediatricians.
• Over 50% of OB/GYNs will have been sued before they turn 40.

Our Charlotte, North Carolina medical malpractice lawyers are dedicated to helping our clients and their families recover injury compensation from negligent hospitals, surgeons, OB/GYNs, nurses, pediatricians, dentists, oncologists, radiologists, ophthalmologists, and other medical professionals. Contact us to request your free case evaluation if you believe that you or your loved one was the victim of medical malpractice in this state.

Interestingly enough, according to a study on the University of Michigan Health System’s disclosure-with-offer program, telling patients and their families about medical mistakes and offering them compensation in a timely manner—this is exactly what the program does—does not increase the likelihood of a medical liability lawsuit. Instead, the results include less medical malpractice complaints, faster resolution of cases, and lower liability expenses.

Regardless of whether or not a medical provider is willing to offer you compensation for the medical-related injuries that you have suffered, it is still important that you explore your legal options with an experienced North Carolina medical malpractice law firm.

Medical error disclosure not linked to more lawsuits, American Medical News, August 23, 2010

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Related Web Resources:
Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians (PDF)

Medical Malpractice, Insurance Information Institute

North Carolina’s Department of Health and Human Services is recommending that the Centers for Medicare and Medicaid Services fine the Britthaven of Chapel Hill nursing home $20,000 in penalties. This amount is the federal maximum allowed for violations, which investigators say took place in February.

Following investigations of the Chapel Hill nursing home by the Nursing Home Licensure and Certification Section on February 18, June 15, 16, 17, 29, July 1and 27 of this year, the state found evidence supporting 8 of 25 complaints that were filed, including those involving:

• Failure to protect 14 Alzheimer’s patients from becoming victims of abuse.
• Failure to ensure protect patients from being administered unnecessary drugs.
• Failure to prevent medical mistakes.

The violations stem from incidents connected to Angela Almore, a former registered nurse who has been charged with North Carolina nursing home abuse and second-degree murder for the death of resident Rachel Holliday. The 84-year-old patient had morphine levels in her system that likely contributed to her death from pneumonia and asphyxiation. Almore is also blamed for the morphine-related injuries of six other residents. None of them had morphine prescriptions as part of their treatment.

It was just last year that CMS fined Britthaven of Chapel Hill $216,400 for not being in compliance with certain requirements. Resident Mary Lou Barzon, 95, broke both thigh bones when a nursing home worker dropped her while transferring the patient to her bed. The nursing assistant did not use a mechanical lift, even though the patient’s care plan called for it. No one reported the North Carolina fall accident, which left Barzon’s injuries untreated for two weeks. The elderly resident passed away soon after. Now, her family is suing the assisted living facility for her Chapel Hill wrongful death.

In another Chapel Hill nursing home negligence lawsuit against Britthaven of Chapel Hill, Marian Orlowski’s widow is seeking damages. Orlowski, who had dementia, was injured in a fall accident. Jadwiga Orlowski claims the assisted living facility did not provide her husband with the proper nursing care.

Nursing home may be fined, NewsObserver.com, August 12, 2010

Report calls for Britthaven fines, The Herald Sun, August 11, 2010

North Carolina Nursing Home Negligence: Britthaven of Chapel Hill Sued for Inadequate Care, North Carolina Injury Lawyer Blog, July 10, 2010

Related Web Resources:
North Carolina’s Department of Health and Human Services

Nursing Home Licensure and Certification Section

According to a new study, more than 70,000 teenagers and children end up in the emergency room every year because of medical device complications. Other findings by the US Food and Drug Administration researchers:

• Approximately ¼ of the issues involve contact lenses use, which can lead to eye abrasions and infections.
• Hypodermic needles that break off in the skin is another common cause of medical-device-related child injuries.
• Ear tubes can cause infections.
• Illegal drug use involving hypodermic needles that break can also lead to injuries.
• Pelvic devices used to conduct gynecological exams on teenagers can cause skin tears.
• The most serious medical device-related issues involved chest catheters for cancer patient, implanted devices, and insulin pumps.

Two of the most common reasons for medical device-related to injuries to minors are misuse and malfunction. Also many medical devices used on kids were made for adults.

Our Charlotte, North Carolina defective medical devices attorneys want to remind you that you may be able to hold the manufacturer of a malfunctioning or a defective medical device liable for North Carolina products liability. Inadequate warnings or incomplete instructions can also be grounds for a case.

We know how horrible it can be to discover that the medical device your child is using is harming rather than helping him/her. In some cases, the medical professional that determined that your son or daughter should use the medical device must be held liable for North Carolina medical malpractice.

Medical Device Problems Hurt 70,000+ Kids Annually, NPR, July 26, 2010

Medical device problems hurt 70,000+ kids annually, BusinessWeek, July 26, 2010

Related Web Resources:
Injuries Among Children and Adolescents, CDC

Journal of Pediatrics

Continue reading "Medical Device-Related Complications Send Over 70,000 Children to the ER Every Year" »

Would 5-month-old Allyson Ray Smith be alive today if only someone had responded to all of the six 911 calls made by her family on Friday morning when she stopped breathing? That’s what her family is saying. Now, Cleveland County, North Carolina officials are trying to determine what happened.

The little girl is said to have stopped breathing in her sleep on June 4. At around 4 am, her father began administering CPR and her grandparents, who lived next door, called 911. Smith’s mother, Bonnie Edmondson says that she called the emergency number for help six times but no one would pick up.

While a cell phone tower in Cleveland County did pick up four of the calls, the county’s emergency communication director David Dodd says the 911 dispatcher’s phones never rang, which is why no one answered. He says that this the first time in the more than 30 decades that he has worked for the communication’s office that such a problem has ever happened.

Two of the family’s 911 calls were sent to dispatchers in Rutherford County, located 18 miles away. They notified Cleveland County and 24 hours after the family’s first 911 call, paramedics finally arrived at the family’s home but by then Allyson was dead.

Her cause of death has yet to be determined, although the corner has said that Allyson may have died from Sudden Infant Death Syndrome. Autopsy results are still pending. However, Allyson’s family says that if paramedics had arrived sooner, she might still be alive today.

AT & T provide’s Cleveland County’s 911 phone network.

North Carolina Wrongful Death
There may be more than one party who should be held liable for a loved one's Cleveland County wrongful death. Who you can sue will depend on the specifics of your case. A good way to ensure that you pursue all avenues of recovery is to explore your legal options by talking to a North Carolina wrongful death law firm. Negligent parties do not have to directly have caused a death to be considered financially liable for your loved one’s accidental passing.

Family says baby died after 911 calls went unanswered, WCNC, June 8, 2010

911 calls went unanswered in Cleveland Co. baby’s death, Charlotte Observer, June 9, 2010

Related Web Resources:
American SIDS Institute

Wrongful Death Claims, Nolo

Continue reading "5-Month-Old Baby Dies After 911 Calls in Cleveland County, North Carolina" »

According to the Centers for Disease Control and Prevention, for every three babies born nearly one will be delivered by cesarean section. Even though C-sections have lower birth injury rates, the procedure still come with certain risks, such as a higher infection risk, a longer hospital stay, and potential respiratory problems for the newborn.

Yet now more than ever women are having cesarean deliveries. In some cases, this choice is elective rather than necessary. Scheduling the birth date to fit into the busy schedules of the doctor and/or patient, economic incentives, and the fear of medical malpractice lawsuits are non-medical reasons why a baby might be delivered via C-section instead of naturally. For example, Northwestern Memorial Hospital obstetrician gynecologist Dr. Lauren Streicher notes that obstetricians are not financially compensated for the hours they must be available during a woman’s labor. They also usually have to cancel other appointments during this time.

Some medical professionals feel that cesarean delivery disrupts the natural process that helps newborns move into a world where they have to breath air. According to Dr. Lucky Jain, C-section babies are more likely than infants that are born naturally to develop respiratory distress after they are born. They also risk developing asthma.

Jain also notes that C-sections—especially if a woman has multiple cesareans—can lead to medical complications for the mom.

North Carolina Birthing Malpractice
If you believe that your child’s birthing injuries are a result of a medical mistake by your obstetrician or gynecologist, you should contact an experienced birthing malpractice lawyer to discuss your case.

A C-section is a major surgery and should be performed only after determining that this is a good medical option for the mother and baby. In certain cases, failure to perform a cesarean delivery can be grounds for a North Carolina birthing malpractice lawsuit if the baby sustains injuries, such as cerebral palsy or brain damage, as a result.

Are C-Sections Too Common?, ABC News, March 10, 2010

Cesarean Section - Risks and Complications, Web MD

Related Web Resources:
Recent Trends in Cesarean Delivery in the United States, CDC (PDF)

Medical Malpractice Basics, Nolo

Continue reading "C-Sections Have Their Medical Risks, Too" »

The family of Atlas Fraley has filed a North Carolina wrongful death lawsuit alleging medical malpractice. Fraley, 17, called 911 on August 12, 2008 because he was experiencing cramping and dehydration after participated in a football scrimmage earlier that morning. Fraley was a student at Chapel Hill High School.

Paramedic James Griffin arrived at the scene. Orange County, EMS records note that the medical worker gave the teenager Gatorade and water before leaving him alone. By the time Fraley’s parents, Malinda and David, arrived home several hours later, their son was already dead. Autopsy findings indicate that Fraley may have suffered a fatal heart attack. The Fraleys’ North Carolina wrongful death complaint accuses Griffin, Orange County Emergency Services, and the County of Orange of failing to provide their son with the proper emergency medical care that could have saved his life.

Griffin has resigned from his job. According to an internal probe conducted by Orange County, the former paramedic neglected to: take the teenager’s vital signs, check his temperature, advise him regarding when to see a doctor, take him to a medical facility where he could be treated for hyperthermia, call the boy’s parents, consult with a doctor, and fully document the medical exam he gave the boy. Griffin claims he tried to call Fraley’s parents, but there are no records of the call being made.

Paramedic Malpractice
EMS workers, like all medical professionals, are expected to provide patients with a certain level of care. People contact 911 for medical help because they are experiencing a health emergency. When failure to provide the proper medical care results in injuries, illness, or death, the victim may have grounds for filing a North Carolina medical malpractice complaint.

Paramedic errors have included:

• Failure to transport patient to hospital in a timely manner
• Wrong diagnosis
• Late ambulance arrival
• Failing to proper treatment/evaluation protocol
• Administering the wrong medication
• Improper medical care
• Other medical mistakes

Parents sue in player's death, NewsObserver.com, February 7, 2010

Chapel Hill schools investigating football player's death, WRAL, August 15, 2008

Related Web Resources:
Orange County, NC Emergency Management Services

Chapel Hill High School

The family of 34-year-old Larry D. Green is asking North Carolina’s Court of Appeals to let them sue Louisburg paramedics for personal injury. State law usually protects civil servants from being sued for North Carolina personal injury if the alleged negligence occurred while the worker was doing his or her job. However, a lower court judge has already ruled that J.B. Perdue, the former medical examiner for Franklin County, should be sued in civil court for his role in the catastrophic mix-up.

Green was injured in January 2005 in a North Carolina pedestrian accident when he was struck by a car as he crossed a highway north of Louisburg. A local paramedic declared him dead after feeling for a pulse. The worker never attempted to resuscitate him.

The paramedic then asked a county paramedic to check Green for a pulse. The second paramedic, however, said he trusted the first paramedic’s judgment and did not check the victim.

The North Carolina personal injury lawsuit accuses Perdue, then the Franklin County medical examiner, of ignoring signs that Green was not dead, including eye twitching and chest movement. Green was placed in a body bag and transported to a morgue.

It wasn’t until 2 ½ hours later when a North Carolina Highway trooper asked the medical examiner to help figure out from which direction the auto had struck Green did Perdue realize that the victim was still alive.

Green’s family and guardian say that wrongly declaring him dead when he was, in fact, still alive caused him to sustain injures that have left him bedridden in a rest home where he is fed through a tube and cared for 24 hours/day. Franklin County and the family reached a $1 million North Carolina injury settlement earlier this year.

Court weighing right to sue over mistaken death, Winston-Salem Journal, November 20, 2009

Related Web Resources:
North Carolina Tort Liability

Wrongful Death, Nolo

Continue reading "Appeals Court Considers Whether Family Has Right to Sue for North Carolina Personal Injury After Pedestrian Was Mistakenly Declared Dead" »

The family of Jefferey Scott Swaim is considering filing a North Carolina wrongful death lawsuit against Cherry Hospital. Swaim, 40, was found unconscious on a Greyhound bus two hours after he was discharged from the mental hospital.

According to the Office of the Chief Medical Examiner in Chapel Hill, Swaim died on July 16 from acute Fentanyl poisoning. Autopsy results show that the amount of Fentanyl he had in his blood was two times more than what is considered toxic. Goldsboro hospital had prescribed the pain patch to Swaim. Fentanyl, the medication’s active ingredient, has been linked to hundreds of overdose deaths in the US.

Swain’s death is the 11th “questionable” fatality linked to the mental hospital since 2003. In 2008, Cherry’s Medicare and Medicaid certification was revoked after patient Steven H. Sabock choked on his meds, struck his head, and than sat in a chair for almost a day without being medically treated, fed, or given anything to drink.

Swaim began his stay at the state mental hospital on July 3. He wanted the hospital to treat his suicidal thoughts and alcohol abuse. He suffered from acute pancreatitis and uncontrollable mood swings. When the hospital discharged him, they gave him two Fentanyl patches.

When his mother went to the bus station to pick him up, she found him slumped in a bus seat. He wasn’t breathing. Doctors discovered one of the pain patches in his mouth.

Medical Malpractice
A medical provider can be held liable for North Carolina medical malpractice if a patient is given the wrong drug or the wrong dose of a drug. The drug manufacturer can also be held liable if it is considered a dangerous drug that unnecessarily causes injury or death. Just last year, a Florida jury awarded one family $13.3 million because her mother died from a Fentanyl overdose. The defendant in that dangerous drug case was Johnson & Johnson, which manufacturers the Duragesic fentanyl pain patch. Fentanyl is also available under a number of generic labels.

Overdose killed mental patient, News & Observer, November 24, 2009

Fentanyl Pain Patch Wrongful Death Lawsuit Results in $13.3 Million Verdict, About Lawsuits, October 30, 2008

Related Web Resources:
Fentanyl

Cherry Hospital

Continue reading "Family Considers Filing North Carolina Wrongful Death Lawsuit After Mental Patient Suffers Fatal Overdose" »

According to a U.S. Centers for Medicare and Medicaid Services analysis, too many people die unnecessarily at US hospitals. Researchers also say that many hospitals seem to serve as revolving doors for patients, with a number of patients ending up back in the hospital within 30 days. The American College of Cardiology’s National Data Registry’s chief science officer calls this situation a “double failure in the health system.”

For example, one out of every four patients suffering from heart failure ends up returning to the hospital within one month. The same goes for slightly under one out of every five pneumonia patients. Also, in 5.9% of US hospitals patients with pneumonia died at rates that were higher than the national average. 3.4% of hospitals reported heart failure-related death rates that were above the national average.

There were, however, over 200 US hospitals with death rates that were better than the average. Hundreds of hospitals garnered better results when it came to readmission rates.

Analysis findings come from the over 1 million readmissions and deaths involving Medicare patients between 2005 and 2008. Solutions under consideration include offering hospitals and doctors rewards not just for the number of procedures they perform but also for good patient outcomes. Creating a more competitive atmosphere between hospitals so that they have to give prospective patients a reason for admission might also lead to better quality care.

North Carolina Hospital Malpractice
In addition to providing better hospital care, it is also important that US hospitals prevent incidents of hospital malpractice from happening. Hospital malpractice can involve any kind of North Carolina medical malpractice committed by a hospital staff member, including a doctor, a hospital lab technician, a nurse, a hospital pharmacist, or another hospital staff member.

Examples of possible grounds for North Carolina hospital malpractice:

• Surgical errors
• Not ordering the correct medical tests
• Improper monitoring of a patient
• Nursing negligence
• Infections
• Wrong diagnosis
• Failure to provide the proper medical care or treatment
• Medication mistakes

Double Failure at US Hospitals, USA Today, July 9, 2009

Related Web Resources:
Medical Malpractice Overview, Justia

North Carolina Hospitals, USA Hospitals

Continue reading "Hospital Malpractice?: Medicare Analysis Reports that Too Many People Die Unnecessarily at US Hospitals" »

A prominent North Carolina pediatrician accused of child sexual abuse has signed a consent order signaling his agreement to stop practicing medicine in this state or anywhere else. The North Carolina medical board approved the consent order against Dr. Mel Levine on Friday. Levine, who had voluntarily suspended his license last April, is a defendant in a number of child sex abuse lawsuits. He continues to maintain his innocence.

Levine, 69, is accused of sexually molesting young boys while examining them. While the North Carolina Medical Board had been ready to provide key testimony claiming that Levine had performed genital exams on five patients without the presence of a chaperone or a parent and that these exams were not medically indicated or properly documented, Levine’s attorney says his client had also been ready to give testimony that the exams were medically indicated and within the bounds of standard medical practice.

Complaints about Levine go back more than 20 years. One child sex abuse lawsuit, filed against the doctor last year, accuses him of molesting at least seven boys. The plaintiff, who says Levine sexually abused him beginning when he was an 8-year-old boy during the 80’s, says the doctor engaged in masturbation, genital fondling, and other acts of sexual assault with him during unnecessary physical exams.

Child Sexual Abuse by Physicians
Physicians are supposed to provide patients with a certain level of medical care. Failure to provide that care or abuse of that care by physically or sexually assaulting a patient could be grounds for a North Carolina medical malpractice claim or a child sexual abuse lawsuit.

Pediatrician Agrees to Stop Practicing After Abuse Charges, New York TImes, March 20, 2009

Physician accused of sex abuse of children, Boston.com, April 1, 2008

Related Web Resources:
Eight Common Myths about Child Sexual Abuse, The Leadership Council

Sexual Abuse by Medical Professionals, WebMD.com

Continue reading "North Carolina Pediatrician Accused of Child Sex Abuse Agrees to Stop Practicing Medicine Forever" »

A South Carolina jury says Piedmont Medical Center must pay the family of Sierra Wilson $4.4 million for medical malpractice. Wilson, who was born on November 18, 2003, sustained a serious brain injury due to lack of oxygen during delivery. She died from cerebral palsy-related complications in February 2008. The medical malpractice complaint, filed on behalf of Robin and Brice Wilson, claims that a nurse failed to properly monitor the pregnant mother’s fetal heart strips and therefore did not realize that the unborn baby was experiencing fetal distress and in need of emergency medical attention.

Doctors, obstetricians, nurses, surgeons and anyone involved with the delivery of a baby are supposed to provide a certain level of medical care to ensure that the infant and mother get through the delivery process safely. Sometimes, however, mistakes can happen, which can lead to serious, if not fatal injuries for a newborn.

Examples of medical mistakes that can be grounds for a medical malpractice lawsuit:
• Failure to perform C-section delivery in a timely manner
• Failure to properly monitor fetal symptoms
• Failure to diagnose uterine abruption or preeclampsia
• Improper use of forceps of vacuum extraction

Some Injuries that can occur as a result of birthing errors:
• Brain damage
• Cerebral palsy
• Spina bifida
• Erb’s Palsy

Babies born with birthing injuries will usually require costly and specialized medical care for the rest of their lives. There is also the unquantifiable loss of never being able to experience a normal, healthy life and the emotionally and financially devastating effect this can have on an injured infant's family for years to come.

Filing a North Carolina or South Carolina medical malpractice lawsuit can allow you to pursue financial recovery from all negligent parties so that you can obtain the financial resources that you need to give your son or daughter the medical care that is required.

Jury: Hospital must pay parents $4 million, Charlotte.com, February 17, 2009

Piedmont Medical Center brain injury baby $4.4 million jury verdict!, Justice News Flash, February 17, 2009

Medical Malpractice and Childbirth, Wrong Diagnosis

Cerebral Palsy Information, National Institute of Neurological Disorders and Stroke

A 38-year-old Greensboro woman won a $500,000 judgment against an alternative medicine spa that she sued for North Carolina personal injury. Shirleen Sifford says she sustained a serious blood infection nearly two years ago after she was treated at Altmed of the Triad for a procedure to reduce fat in her stomach.

She says she received some 100 injections over the course of three spa visits. Sifford was trying to lose weight before she got pregnant.

Because complications resulted from the infection, Sifford says she has to take steroid shots and that this has delayed her plans to start having children. While Sifford did not file a complaint with the Guilford County Health Department, a number of spa patients reportedly filed complaints for botched procedures they received at the Greensboro spa.

In December 2007, three women said that after receiving buttocks-enhancing injections at the spa, they developed acute kidney failure. The injections were reportedly administered without medical supervision. As a result of these incidents, 20 felony charges of prescription fraud were filed against Lauretta Cheek, the spa’s owner.

Cheek did not appear in court for Sifford’s case, and now the judge has issued the half a million dollar judgment in the plaintiff’s favor. Included in the judgment are $3,500 for lost wages and $5,200 for medical costs.

Sifford says that the botched procedure not only left her with the blood infection, but she now has small nodules and scars under her skin and she has gained weight because of the medication she has to take.

Spas that provide medical procedures are obligated to maintaining the same standard of services that other medical providers are expected to give their patients. When mistakes made during a botched cosmetic procedure causes the patient to get sick, hurt, or die, the spa and others responsible for the botched medical procedure can be held liable for personal injury or wrongful death.

Spa patient is awarded $500,000, News-Record, January 19, 2009

Spa investigation slowed by need for coordination, News-Record, August 21, 2008

Related Web Resources:
Prosecutors may decide on Altmed case this week, News-Record, January 28, 2009

A North Carolina mental hospital in Butner is considered unsafe for patients. North Carolina inspectors who had evaluated the conditions and quality of care at Central Regional Hospital say their findings show an “immediate jeopardy” identification. This means that the hospital’s patients could be in imminent danger if the problems that were identified are not remedied. Already, the new $138 million facility has been cited with multiple violations and is in danger of losing its federal funding.

Inspectors cited the hospital staff for its failure to prevent patient abuse and neglect and failure to provide the proper care in a safe environment. A 131-page report even noted that there is video footage showing workers falsifying records to indicate that they had closely monitored a patient with schizophrenia when this, in fact, was not the case.

The inspectors also criticized the mental hospital for improperly restraining an 8-year-old for two hours. Another problem noted at Central Regional Hospital was that a stairwell door at the home could not be unlocked from the inside, which could potentially trap hospital staffers and patients in the facility during an emergency.

Federal regulators say the hospital has until December 14 to correct all violations. The state of North Carolina had hoped to transfer patients at a Raleigh hospital it was planning to shut down to the Butner facility. Now, these plans will likely have to be modified.

In a little over 12 months, four of North Carolina’s state-run mental hospitals have either lost or have been on the verge of losing their accreditation because of patient abuse and neglect incidents, as well as patient deaths. This summer, a fifth North Carolina mental facility was shut down after workers strapped down a female patient and beat her.

There is no excuse for patient abuse or neglect, whether at a hospital, a nursing home, in the sick person’s home, or anywhere else. If you believe that your loved one is the victim of patient abuse or neglect, it is important that you take steps to remove them from the unsafe environment immediately. Failure to provide the proper patient care at a hospital could be grounds for a North Carolina medical malpractice or wrongful death lawsuit.

Mental hospital deemed unsafe, News & Observer, December 3, 2008

Central Regional another signal of troubled system, WRAL.com, December 3, 2008

Related Web Resources:
CMS Report 1 (PDF)

CMS Report 2 (PDF)

Continue reading "North Carolina Inspectors Say Patient Abuse and Neglect Make Butner Mental Hospital Unsafe " »

The Official Journal of the American Academy of Neurology is reporting that results from a small study indicate that topiramate, a drug used to treat epilepsy, may increase the chances of a newborn sustaining a birth defect if a pregnant mother takes the drug.

The test involved 203 women that became pregnant while using topiramate. Of the 178 newborns, 16 of them had major birth defects. Four of the babies had cleft lips or cleft palates. Four of the male infants were born with genital birth defects.

The rate of birth defects among newborns whose mothers took topiramate was higher than for the rest of the population. More birth defects also occurred in newborns whose mothers took both topiramate and valproate (another epilepsy drug) and women who took topiramate in conjunction with other epilepsy drugs.

However, Andres Kanner, the associate director of the Epilepsy Center at the Rush University Medical Center in Chicago, says the chances that a pregnant women will have a baby with a birth defect is dependent on numerous factors, some of which were not part of this study. John Craig, the lead researcher of the study, says that additional research must be performed to confirm the results but that doctors and women that are (or are considering) getting pregnant and get migraines or have epilepsy need to be warned about the potential risks that could result from using the medication. The anti-seizure drug (Topamax is the brand name) is used to treat epilepsy and migraine headaches.

According to the Center for Disease Control and Prevention, birth defects are the number one cause of infant fatalities. Causes of birth defects include:

• Dangerous drugs
• Alcohol
• Exposure to certain environmental chemicals
• Exposure to high levels of radiations
• Birthing malpractice
• Genetics

Epilepsy Drug May Boost Birth Defect Risk, WashingtonPost.com, July 21, 2008

Epilepsy drug linked to greater birth-defect risk, USA Today, July 25, 2008

Birth Defects, HealthAtoZ.com

Related Web Resources:

Topamax

Topiramate, MedLinePlus

Birth Defects, CDC

Official Journal of the American Academy of Neurology

Continue reading "Epilepsy Drug Topiramate May Increase Risk of Birth Defects" »

Cherry Hospital in Goldsboro, North Carolina continues to make headlines, following the arrest of two of its workers on Friday for allegedly beating a patient.

Health care technicians William Kenneth Johnson and Taniko Dominique Upton face charges of assault and battery of a handicapped person. Uton allegedly struck a male patient in the stomach, head, and side, as well as knocked him to the ground. Johnson is accused of holding down the patient during Upton’s assault before joining in the beating, which took place at the mental hospital.

Three other Cherry Hospital workers have recently been arrested. In March, Vincent Morton was charged with felony assault and battery of a handicapped person after he allegedly put his hands around a patient’s neck before hitting him on the head.

Richard John Percival II was arrested on a misdemeanor charge after hitting a patient’s head and body. The charge was dropped when the patient refused to testify against Percival.

Tonivia Bryant was charged with felony assault of a handicapped person after she allegedly hit a patient, who was strapped down, 11 times. The charges against her were also dropped.

Cherry Hospital has come under close scrutiny following video footage showing workers at the mental hospital ignoring a patient seated on a chair for over 22 hours. The patient, 50-year-old Steven Sabock, died soon after.

If you or your loved one was the victim of abuse at a nursing home, a mental hospital, or another care or medical facility in North Carolina, you may be entitled to receive compensation from the facility and/or the abusers. Hospitals and residential care facilities are supposed to make sure that their employees are properly trained to care for their patients or residents and that staff members will not likely harm or neglect the people placed in their care. An experienced North Carolina personal injury law firm can investigate your case for you and determine whether you have grounds to file a nursing home abuse, medical malpractice, or another kind of injury case.

Two workers accused of beating mental patient, Charlotte.com, August 23, 2008

Cherry Hospital workers accused of beating patient, WRAL.com, August 23, 2008

Related Web Resources:

Cherry Hospital

Patient Bill of RIghts, DukeHealth.org

Continue reading "Cherry Hospital Employees Arrested for Allegedly Beating a Patient in Goldsboro, North Carolina" »

An investigative report found that the nurses at Cherry Hospital, a mental hospital in Goldsboro, North Carolina, failed to feed or help patient Steven H. Sabock, 50, while he sat in a chair for over 22 hours last April. He died the next day of a heart ailment.

Security footage of the hospital shows a nurse standing nearby and not doing anything to help Sabock, while he choked on his medicine. The footage also shows health care technicians playing cards, watching TV, and talking on the cell phone in the same room where Sabock was sitting. He reportedly sat in a chair located in the day room through four work shifts.

Throughout that time, no one gave Sabock food or helped him to the bathroom. Instructions by a doctor to give him fluids every two hours and monitor his vitals every six hours also appear to have been ignored.

Eventually, technicians stood Sabock up, pushed a chair under him, and took him to his bedroom. The footage shows emergency equipment being carted down the hall five minutes later.

Investigators say that Sabock did not eat anything on the day that he died and even though he was eating very little on the three days leading up to his death, a nutritional consult or physician exam did not take place.

Sabock’s father, Nicholas, says that during an attempted visit to see his son at Cherry Hospital, staffers turned him away. Sabock’s wife also says that the state of North Carolina sent her a letter reporting “major negligence” in the care the hospital provided to him.

Medical Malpractice
Patients are admitted to mental hospitals because they require specialized attention and care. When failure to provide that care results in injury or death, the hospital, doctors, nurses, or other staffers can be held liable for personal injury or wrongful death.

Our North Carolina medical malpractice lawyers represent clients whose loved ones were injured or killed because of the negligent actions of a doctor, a nurse, a hospital, or another medical provider.

In North Carolina, you have three years from the date of when the medical malpractice action caused injury or death, or one year from when the injury was (or should have been) found out to file a medical malpractice lawsuit.

Patient dies after waiting 22 hours at hospital, Chicago Sun-Times, August 20, 2008

Nurses ignored patient as he died, CharlotteObserver.com, August 20, 2008

Related Web Resource:

Cherry Hospital, Goldsboro

Types of Medical Malpractice, WrongDiagnosis.com

Continue reading "North Carolina Nurses at Goldsboro Mental Hospital Hugged and Danced While Patient Sat in Chair for Over 22 Hours Before Dying, Says Report" »

In Durham County Superior Court, 18 patients who underwent surgeries at Duke hospitals in 2004 are suing Duke University Health System for personal injury because they were operated on with surgical instruments that were washed in hydraulic fluid. The plaintiffs are alleging fraud and negligence because of the exposure to the fluid, which had been used to clean an elevator. They are seeking compensatory and punitive damages for an undisclosed amount.

Over 3,600 patients at Duke Raleigh and Durham Regional hospitals in North Carolina underwent operations in November and December 2004 involving the use of the tainted instruments. The surgical tools were accidentally cleaned with hydraulic fluid after elevator repairmen drained the fluid and placed them in empty detergent drums. The drums were then sent back to the hospitals where they were used to clean the instruments. Duke has already settled claims by over 60 patients that say they suffered personal injury because of the fluid.

Some Duke patients claim they sustained infections and immune system reactions as a result of their injuries. Last month, 67 patients sued Cardinal Health and Steris Corp., the companies that provide Duke with sterilization equipment, for personal injury related to their role in the fluid mix-up.

Hospitals, doctors, surgeons, nurses, and all other health care providers are supposed to provide patients with the proper medical care in an environment that is clean and safe. Failure to provide these duties of care can lead to personal injuries with plaintiffs filing medical malpractice lawsuits.

Other common medical errors include:

• Surgical mistakes
• Wrong diagnosis
• Administering the wrong tests
• Delayed diagnosis
• Nursing negligence

In North Carolina and South Carolina, our medical malpractice lawyers can help you assess whether you have grounds for an injury claim or lawsuit.

Patients sue Duke over tainted tools, Charlotte.com, July 2, 2008

Related Web Resources:

Duke University Health System

Hydraulic Fluid Facts

Continue reading "18 More North Carolina Patients Exposed to Tainted Surgical Tools Sue Duke University Health System for Personal Injury" »

An incident that occurred in a New York hospital waiting room last month made national headlines yesterday after surveillance footage was released showing a 49-year-old woman collapsing at Kings County Hospital Center while workers at the hospital ignored her.

Esme Green was involuntarily admitted to the hospital’s psychiatric emergency department on June 18 for “agitation and psychosis.” According to the New York Civil Liberties Union, however, Green was made to wait almost 24 hours for treatment. The group is also accusing the hospital of falsifying records to conceal the duration of time Green was on the floor unattended.

The video footage shows Green, on June 19 at 5:30 am, rolling off a chair in the waiting room and landing on the floor face-down while convulsing. She stopped moving a little over half an hour later. Hospital workers are seen ignoring her the entire time. It isn’t until around 6:35 am that the footage shows a worker nudging Green with her foot. Help was called for about three minutes later.

The New York City Health and Hospitals Corporation has expressed shock and distress about the incident and they terminated six workers following a preliminary investigation.

In an unrelated case, Mental Hygiene Legal Service and the New York Civil Liberties Union sued the hospital in Federal court last year because of allegedly filthy conditions at the hospital. The plaintiffs reported that patients were frequently forced to sleep on floors and chairs covered with blood, urine, and feces when waiting for beds. They lawsuit also alleged physical abuse and use of medication to keep patients calm.

If there is evidence that a hospital, a doctor, or a health care provider acted negligently or carelessly to cause your loved one’s death, you may be entitled to wrongful death recovery for your loss. In North Carolina and South Carolina, our wrongful death law firm can assist you.

Tape shows woman dying on waiting room floor, CNN.com, July 1, 2008

Investigators probe death of woman in Brooklyn hospital, Newsday.com

Related Web Resources:

Times acquires tape excerpts showing King-Harbor staff ignoring dying patient, Los Angeles Times, July 2, 2008

Kings County Hospital Center

New York Civil Liberties Union

Continue reading "Video Footage Shows Woman Dying in Hospital Waiting Room While Workers Ignore Her" »

The North Carolina Medical Board wants doctors in the state to list online any medical malpractice settlements that they’ve been involved in. Data would include the doctor’s name and the settlement—although the amount of the settlement would not be published. The doctor would also be given the option of posting an explanation for the settlement. The information would remain on the doctor’s profile for seven years.

North Carolina Doctor groups have expressed concern that while they agree that medical malpractice verdicts or notice about whether a doctor has had his practicing privileges revoked should be made available to the public, they don’t think that information about medical malpractice settlements should be published.

North Carolina Medical Society President Dr. Hadley Callaway has suggested that the board investigate the legal settlements first—and if substandard care is proven, then only then should the settlements be listed.

He says that doctors may want a chance to make their case before the NCMB and that just because they settled doesn’t mean they provided poor medical care. Callaway expressed concern that listing explanations for settlements could sound like the doctors were making excuses.

Allowing settlement information to be available to the public could also lead to more lawsuits going forward because doctors may be less willing to settle any medical malpractice claims.

Another doctor, North Carolina Academy of Family Physicians Christopher Snyder says that this proposed rule is unfair. He says that some doctors choose to settle because of pressure from insurance companies and not because they have done anything wrong. However, it is ultimately up to the NCMB to decide whether the information will be posted.

If you have been seriously injured because a hospital, a doctor, or another health care provider was negligent or careless when providing you with medical care, contact our North Carolina medical malpractice law firm to discuss your case.

N.C. Medical Board may put malpractice settlement info online, Triangle Business Journal, April 25, 2008

Malpractice Settlement Data Could Go Online in North Carolina, IHealthBeat.org, May 5, 2008

Related Web Resource:

North Carolina Medical Board

Continue reading "North Carolina Doctor Groups and N.C. Medical Board Disagree on Whether Medical Malpractice Settlements Should Be Made Public " »

Amy Yasbeck, the wife of late actor John Ritter, resumed her testimony today in the wrongful death trial against the two doctors who treated her husband before his death. Yasbeck and Ritter’s children are suing radiologist Matthew Lotysch and cardiologist Joseph Lee for $67 million. Ritter died in 2003 from a torn aorta.

The Ritter family is accusing both doctors of failing to diagnose and provide the proper medical care for Ritter that could have saved his life. They say that Lotysch failed to detect an enlarged aorta during a 2001 scan and that Lee made a fatal error when he treated the actor for a heart attack instead of an aortic dissection on the day that he arrived at the emergency room in 2003.

Lotysch disputes their claim. During his testimony last week, he said that he told Ritter that the actor should see a specialist because he had triple vessel coronary disease. He also says that Ritter’s aorta looked normal at the time of the scan. Yasbeck claims that Ritter believed the scan results showed that he was in good health.

On Friday, jury members heard a voice message that Ritter left for his wife telling her that he was going to seek medical attention for what he believed was food poisoning. He died in the emergency room later that day.

Henry Winkler, Ritter’s friend, and Katey Segal, his co-star on the show "8 Simple Rules ... for Dating My Teenage Daughter,” also submitted their testimonies on behalf of the plaintiffs. The show was considered a hit and Ritter’s family believes he would have made over $67 million if he had continued to appear on the show had he lived.

Ritter was a beloved film and television actor who also starred in the hit TV show "Three’s Company." He died on September 11, 2003 at age 54.

Failure to diagnose, wrongful diagnosis, delayed diagnosis, providing a patient with the wrong medical treatment, surgical errors, and prescription errors are all too common forms of medical malpractice.

If you believe that you have been the victim of a medical error by a doctor, a nurse, or another medical provider In North Carolina or South Carolina, one of our medical malpractice attorneys can meet with you to discuss your case.

John Ritter's widow, ex-wife testify in wrongful-death lawsuit, USA Today, March 3, 2008

Ritter Speaks at Wrongful-Death Trial, EOnline, February 29, 2008

Winkler testifies at Ritter trial, Los Angeles Times, February 14, 2008

Related Web Resources:

Actor John Ritter dead at 54, CNN.com, September 12, 2003

John Ritter, IMDB.com

Continue reading "John Ritter’s Wife Actress Amy Yasbeck Testifies During Wrongful Death Trial" »

In North Carolina, the parents of Larry D. Green, the man who Franklin County medical officers wrongly declared dead in January 2005, have filed a personal injury lawsuit against Franklin County’s medical examiner, Franklin County Emergency Medical Services, the emergency responders who were at Green’s pedestrian accident scene, Louisburg Rescue, and EMS.

Green, now 31, was critically injured in Louisburg in January 2005 when he was hit by a motor vehicle while walking across U.S. 401 north. He was declared dead, placed in a body bag, and sent to a morgue. It wasn’t until after his body had been at the morgue for over two hours that the coroner realized that Green was alive.

The lawsuit, filed by Green’s parents, Larry Alston and Ruby Kelly, alleges that medical officials did not properly check Green’s vital signs and that he would not have sustained permanent injuries if they had done their job correctly. Green’s mother, Ruby Kelly, says that she sustained emotional trauma after seeing the crash scene and believing that her son was dead.

Green was in the hospital for two months. Injuries included a serious head injury and leg injuries. It wasn’t until five months after the accident that he started to talk again. Green now resides in a Wilson nursing home, and he may never fully recover from his injuries.

Last month, J.B. Perdue, the Franklin County medical examiner named in the lawsuit, stated that pronouncing a person dead is not part of his job. He said his responsibilities are to investigate the cause of death.

The lawsuit says that Perdue saw Green’s eye twitching and chest moving at the morgue but did not make sure Green was dead before starting his forensic evaluation.

Green’s family is accusing emergency medical technicians and paramedics of not following policy in their handling of Green. Medics admit that they did not use a stethoscope or electrocardiogram monitor to make sure that Green was dead after failing to detect a pulse or breath.

If you or someone you love was injured because of medical malpractice or negligence, you must contact a personal injury lawyer immediately.

Death blunder draws lawsuit, The News & Observer.com, December 28, 2007

Family Of North Carolina Man Mistakenly Declared Dead Files Suit, All Headlines, December 28, 2007

After body bag, life goes on, The News & Observer.com, January 24, 2007

Related Web Resource:

No further state action warranted against Franklin County EMS personnel, North Carolina Department of Health and Human Services, February 9, 2005

Continue reading "Parents of North Carolina Man Sue Franklin County Medical Officers for Son’s Wrongly Declared Death" »

A CNN.com article published on Saturday lists five diseases that are commonly misdiagnosed by doctors:

1) Aortic dissection
2) Clogged arteries
3) Cancer
4) Infections
5) Heart attacks

The article offers suggestions that patients can use to empower themselves from being the victim of misdiagnosis, including:

1) Request additional tests
2) Ask yourself if your symptoms could be indicative of a different illness than what your doctor has diagnosed
3) Make sure that you follow up on test results—your doctor may have forgotten about your tests

Misdiagnosing a patient’s illness can lead to serious injuries, health problems, and even wrongful death. Misdiagnosis, failure to diagnose, and delayed diagnosis are just a few of the many kinds of medical errors that a medical caregiver can make. When a patient becomes even more ill or dies as a result of a medical error, the injured patient or his or her surviving family members may have grounds to file a medical malpractice lawsuit against any negligent parties.

In North Carolina, the statute of limitations for filing a medical malpractice lawsuit is either three years from the time that medical malpractice incident occurred or one year from the time that the injury or death caused by medical malpractice was discovered. A lawsuit cannot be filed, however, more than four years from the time the medical malpractice incident, which led to the injuries or death, took place.

Other kinds of common medical malpractice errors can include surgical errors, failure to obtain informed consent from a patient, negligence, failure to property monitor a patient’s vital statistics, lab errors, prescription errors, and other errors by primary care physicians, nurses, dentists, orthodontists, hospitals, hospital workers, and other medical providers.

If you or someone you love is seriously injured or killed because of a medical error, you should speak with a medical malpractice lawyer right away. Medical care providers are required to fulfill a certain standard of care when treating patients. When that standard of care is not fulfilled and a person is seriously injured or dies because of this negligence, you need an experienced medical malpractice lawyer working for you that knows how to thoroughly investigate and prove your case.

You are entitled to compensation for your injuries or loss, pain and suffering, and any related damages, including loss of work, lost income, permanent disability, medical costs, future medical care, and loss of enjoyment of life.

Five commonly misdiagnosed diseases, CNN.com, September 29, 2007

Related Web Resources:

Medical Malpractice in North Carolina: Medical Malpractice, Wrongdiagnosis.com

Wrongdiagnosis.com

Medical Malpractice, Insurance Information Institute

Continue reading "Five Diseases that are Frequently Misdiagnosed and North Carolina's Medical Malpractice Statute of Limitations" »