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Archive for the ‘Medical Malpractice Settlement’ Category

$37M Settlement Of Maryland Stent Claims Announced

Wednesday, April 9th, 2014

162017_132140396847214_292624_nIt has been reported that upwards of 273 former patients of a Baltimore hospital and its former cardiologist will receive at least $134,000 each (before attorneys’ fees and costs are deducted) to settle their claims against the hospital that alleged that the patients had medically unnecessary cardiac stent procedures. The total settlement could be in the range of $37 million.

The Baltimore hospital, which was owned and operated by Catholic Health Initiatives at the time of the alleged unnecessary stent  procedures (the hospital was later sold to the University of Maryland Medical System, which assumed no liability for the stent claims), had sent notices to hundreds of former patients of the cardiologist, whose stent procedures performed at the hospital were a major source of income for the hospital, advising them that their cardiac stents may have been unnecessary (which the former cardiologist has denied).

The settlement agreement, in which the former owner of the hospital does not admit any wrongdoing, would resolve the claims of the patients who had received the notices and who were involved with the state and federal class-action lawsuits that had been filed, so long as at least 60% of the class members agree to participate in the settlement. Nonetheless, class members could still opt-out from the settlement and pursue their individual claims.

The state class-action lawsuit was filed in January 2010. Settlement negotiations before a mediator began in October 2013. A state judge gave his preliminary approval to the settlement agreement terms last week, finding that the terms of the settlement were fair, reasonable, and adequate.

The plaintiffs’ attorneys are expected to request attorneys’ fees in the amount of 40%. The two named plaintiffs are expected to request incentive payments in the amount of $25,000 each, for their efforts in bringing the class-action Maryland medical malpractice lawsuit on behalf of the class members, in addition to their share of the settlement proceeds. A hearing to determine final approval of the settlement agreement is scheduled for May 2014.

Many other medical malpractice cases against the hospital and the cardiologist have either been settled, such as the confidential settlement involving 247 former patients that was reached in May 2013 during trial, or are pending. Many of the pending Maryland medical malpractice lawsuits involve patients who may choose to participate in the recently announced settlement.

The former cardiologist, who was not a party to the Maryland medical malpractice class-action lawsuit that is being settled, lost his license to practice medicine in Maryland. Now a health care consultant, the former cardiologist reportedly stated during an interview last week, “They [the stents] are not always a matter of life or death, but rest assured that there are a great number of them for which that is true.”

Source

If you or a loved one received a stent that may have been medically unnecessary in Maryland or in another state in the U.S., you should promptly seek the legal advice of a Maryland medical malpractice attorney or a medical malpractice attorney in your state who may investigate your stent claim for you and represent you in a stent malpractice case, if appropriate.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with Maryland medical malpractice lawyers (or medical malpractice lawyers in your state) who may assist you with your medical malpractice claim.

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Chicago Hospital To Pay $17M Now For Medical Malpractice In 2003

Thursday, March 20th, 2014

162017_132140396847214_292624_nOn September 6, 2003, a 13-year-old boy was brought to a Chicago hospital’s emergency room due to a fever and generally not feeling well. Significantly, the boy had a prior history of bacterial endocarditis in 1996 (bacterial endocarditis is a serious and sometimes fatal condition where there is an infection in the lining of the heart, heart valve, or blood vessel) and was born with a congenital heart defect that had required him to have implants. Both conditions made him more susceptible to developing bacterial endocarditis in the future.

During the September 2003 emergency room visit, the boy was given Motrin, his fever was significantly reduced, and he told his medical providers that he was feeling much better. Without ordering the appropriate medical tests for endocarditis, the boy was discharged from the emergency room. The boy was brought back to the emergency room two days later, with a fever and an abnormally high heart rate. Medical tests were then ordered and he was diagnosed with severe infective endocarditis.

The boy had heart surgery to address his very serious condition but his brain was deprived on oxygen during the surgery when the infected area began pouring blood out of his heart. He suffered a serious and permanent brain injury due to the lack of oxygen to his brain. As a result, the boy suffered loss of vision in his left eye, very limited use of the left side of his body, difficulty in understanding his speech, and requiring him to use a wheelchair.

While maintaining that its staff did not breach the standard of care in their treatment of the now 19-year-old during the first emergency room visit and that they were not at fault for the boy’s injuries, the Chicago hospital issued a statement regarding the settlement that said it “could not comment on details of the case due to patient privacy laws. The case was resolved so the patient can receive the support and medical care needed. By settling, the Medical Center is not admitting fault in the care or treatment of this person.”

Source

In a study of hospitalized patients with infective endocarditis in the United States from 1998 through 2009, the researchers determined that hospital admissions for infective endocarditis rose from 25,511 in 1998 to 38,976 in 2009 (an increase of 2.4% annually); the 2009 rate was 12.7 per 100,000 population. The study found that the proportion of endocarditis patients with intra-cardiac devices rose from 13.3% in 1998 to 18.9% in 2009. The mortality rate was stable at 14.5% and the cardiac valve replacement rate was also stable at 9.6%. However, there was an increase in some serious complications from infective endocarditis: in 2009, 13.3% suffered a stroke or CNS infection and 5.5% suffered myocardial infarction. The mean age of patients hospitalized with infective endocarditis rose from 58.6 in 1998 to 60.8 in 2009.

The most common identified pathogen was Staphylococcus aureus (which increased from 37.6% in 1998 to 49.3% in 2009; 53.3% were MRSA). Streptococci were involved in 24.7% of the cases; gram-negatives were involved in 5.6% of the cases; and, Candida species were involved in 1.0% of the cases.

The study concluded that endocarditis is more common in the United States than previously thought (previous estimates were 4 in 100,000 population annually) and that it is steadily increasing.

Source

If you or a loved one suffered an infection that was not properly treated in a hospital or by another health care provider, you should promptly contact a local medical malpractice attorney in your U.S. state who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may assist you with your malpractice claim.

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Hershey Medical Center Pays $400,000 To Settle Medical Malpractice Claim

Monday, February 3rd, 2014

162017_132140396847214_292624_nThe family of a 76-year-old man who had been litigating a medical malpractice case against the Penn State Milton S. Hershey Medical Center in Hershey, Pennsylvania for five years has settled the medical malpractice claims by agreeing to accept $400,000 from the Pennsylvania hospital.

The family had previously received $552,407 from the insurance company for the motor vehicle driver who negligently collided into the rear of the man’s car while it was stopped at a stop sign.

The motor vehicle accident happened in November 2006. The injured man was brought to the Penn State Milton S. Hershey Medical Center after the collision where his spinal cord injury was not properly diagnosed or timely treated, thereby leading to the man suffering paralysis and becoming a quadriplegic due to the hospital’s negligence, according to the family’s medical malpractice lawsuit. The man died two months later, in January 2007, from cardiac arrest.

The man’s estate and his family filed the medical malpractice case against the hospital in late 2008. The defendant hospital alleged in response to the medical malpractice lawsuit that the man had a pre-existing medical condition that predisposed him to being more susceptible to suffering a spinal injury as a result of minor trauma, which the hospital alleged was the cause of the man’s paralysis and quadriplegia. The hospital denied that it had been negligent or that it was responsible for the man’s paralysis. The settlement of the medical malpractice lawsuit was not accompanied by an admission of liability by the hospital.

After payment of the plaintiffs’ attorney’s fees that were approved by the court, the man’s wife and six children will share in the net balance from the settlement.

Source

Who Was 76-Year-Old Albert Thomas?

Albert Thomas was born on September 28, 1930 and died on January 5, 2007. He retired from the Air Force in 1967 and then worked for 18 years at the New Cumberland Army Depot until he retired in 1996. He was a lifetime member of the Palmyra Citizen’s Fire Company and the Disabled American Veterans. He enjoyed fishing and football (especially the Philadelphia Eagles).

Mr. Thomas is survived by his second wife (his first wife predeceased him), one son, five daughters, twelve grandchildren, three great-grandchildren, three step-children, six step-grandchildren, and one step-great-grandchild.

Source

What Is The Penn State Milton S. Hershey Medical Center?

According to its website, the Penn State Milton S. Hershey Medical Center’s history began in 1963, when The M. S. Hershey Foundation offered $50 million to The Pennsylvania State University to establish a medical school and teaching hospital in Hershey, Pennsylvania. The Pennsylvania State University built a medical school, teaching hospital, and research center using the grant money, along with $21.3 million received from the U.S. Public Health Service. The medical school opened in 1967 and the Penn State Milton S. Hershey Medical Center opened in 1970.

The Penn State Milton S. Hershey Medical Center admitted nearly 27,000 patients, provided care for over 893,000 outpatient visits, and had over 64,000 emergency-service visits at the end of June 2012. The hospital has over 9,000 employees and 400 volunteers.

Source

If you or a loved one have been injured due to possible medical malpractice in Pennsylvania or in another U.S. state, you should promptly consult with a Pennsylvania medical malpractice attorney or a medical malpractice attorney in your state who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with Pennsylvania medical malpractice lawyers (or medical malpractice lawyers in your state) who may assist you with your malpractice claim.

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Weird Florida Medical Malpractice Settlement Situation

Thursday, January 2nd, 2014

162017_132140396847214_292624_nA Florida appellate court on December 27, 2013 decided a case involving the medical malpractice settlement on behalf of the young malpractice victim (the parents’ medical malpractice complaint alleged that a Florida doctor had failed to timely diagnose and treat their son’s eye condition, which resulted in substantial loss of vision). The doctor’s medical malpractice insurance company settled the claim with the parents, and the parents dismissed their medical malpractice case after they received payment, without the doctor’s consent to the settlement.

The doctor objected to the settlement and the trial court held a hearing to consider the doctor’s objection. At the hearing, the trial court denied the doctor’s objection and approved the settlement.

Here’s The Weird Part

The doctor who was sued for medical malpractice also happened to be a licensed lawyer. The doctor was not satisfied with the defense that her medical malpractice insurance company was providing (the insurance company hired an attorney to defend the doctor in the malpractice case) and entered her own appearance as co-counsel on behalf of herself and her medical practice. The trial court found that the doctor’s manner of participation in the defense was disruptive and therefore the trial court entered an order that severely restricted the doctor’s activities in the court proceedings.

The doctor appealed the trial court’s order that restricted her participation in the proceedings, alleging that the order violated her right to represent herself and her medical practice as co-counsel, and further appealed the order that approved the settlement. The doctor alleged in her appeals that she was aggrieved because the trial court orders permitted the settlement without her consent (the doctor alleged that she had a contractual right or a statutory right to control the settlement).

The appellate court determined that the order denying the doctor’s objection to the settlement was not a final, appealable order (the order enforcing the settlement did not require the doctor to take any action or to make any payment; the doctor was not required to sign a release or to stipulate to dismissal; the case was voluntarily dismissed; and, no final judgment was ever entered based on the order that enforced the settlement). The appellate court further determined that the order denying the doctor’s objection to the settlement was not an interlocutory order that was appealable under Florida law.

While an order approving a settlement for a minor is appealable, the appellate court held that the purpose of an order approving a minor’s settlement is not to protect any legal right a defendant may have to control settlement but rather to protect the interests of the minor and the guardian and to ensure that any release given on behalf of the minor is legally effective. Therefore, the appellate court held that the doctor was not aggrieved in a legal sense by the trial court’s decision that the settlement paid by the doctor’s malpractice insurer is in the best interests of the minor child.

The appellate court’s conclusion that the doctor was not actually aggrieved by the trial court orders meant that the doctor had no right to appeal them or for the appellate court to consider the claims: if the doctor believes that her insurer breached the insurance contract or violated a statutory obligation that the insurer owed to the doctor, she could bring a lawsuit against her insurer but she cannot delay the settlement between the insurer and the minor child.

Source McLaughlin, et al. v. Lara, et al., District Court of Appeal of Florida Second District, Case No. 2D13-1684 and Case No. 2D13-4631 (consolidated).

If you have been injured due to medical malpractice in Florida or in another U.S. state, you should promptly consult with a Florida medical malpractice attorney or a medical malpractice attorney in your state who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll free (800-295-3959) to be connected with medical malpractice lawyers in Florida (or in your state) who may assist you with your medical malpractice claim.

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Washington Medical Malpractice Victim Awarded $30M For Throat Fire During Surgery

Saturday, December 14th, 2013

162017_132140396847214_292624_nA 55-year-old woman from Washington State had polyps on her vocal cords for which she had surgery using a laser. A breathing tube had been inserted into her throat as part of the surgical procedure and oxygen was flowing at the time the laser started a fire in her throat. The laser surgery fire was caused by the laser burning the tube which ignited in the presence of oxygen. The injuries were so severe that the woman had to be airlifted to another hospital for intensive and continuous treatment.

She has had nearly 100 additional surgeries since her original surgery in February 2012. The woman has been in the hospital or a nursing home since the fire in her throat, and she uses a ventilator for breathing but reportedly is able to swallow and her mental faculties were not affected.

A Washington State medical malpractice jury recently awarded the woman $18 million, which is in addition to the $12 million that the hospital in which the surgery was performed paid in order to settle the medical malpractice claim against it.

On December 6, 2013, the CEO of the health care system that now operates the hospital publicly apologized for the incident, stating, “I really want to give our incredible and heartfelt sorrow that this happened to this woman. This is not anything that any of us would ever want to see happen to anyone. We have to acknowledge it occurred, express our sorrows and figure out how and what we can do to improve our processes so this does not ever happen again.”

Source http://www.wenatcheeworld.com/news/2013/dec/06/botched-surgery-will-cost-hospital/

In a press release issued by the hospital on December 6, 2013, the CEO stated, “On behalf of Confluence Health, and all of our physicians and staff, I want to make a very personal apology to the patient and her family for the permanent damage we caused her. When we come to work each day, our intent is never to harm our patients. We must learn from this tragedy and do everything in our power to ensure that in the future no patient is harmed while in our care.”

One initiative referenced in the December 6, 2013 press release that was undertaken by the hospital after the laser surgical fire incident was “Modifying our surgical checklist to include routine assessment of fire risk prior to every surgery.” It is unfortunate for the woman, and costly for the hospital and the other medical malpractice defendants, that the initiative was not implemented before the woman’s tragic injuries suffered during laser surgery.

Source 

If you or a family member suffered unexpected harm during surgery, your injuries may be due to medical negligence for which the surgeon, operating room personnel, and/or the surgical facility and others may be responsible to fairly compensate you for your losses.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with Washington medical malpractice lawyers or medical malpractice lawyers in your U.S. state who may investigate your medical malpractice claim for you and represent you in a medical malpractice lawsuit, if appropriate.

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1,402 Victims Of Delaware Pedophile Pediatrician Advised Of Their Settlement Payments

Tuesday, December 3rd, 2013

162017_132140396847214_292624_nIn one of the most egregious and disgusting cases of a pediatrician abusing his defenseless patients, a former Delaware pediatrician reportedly filmed himself raping about 100 children, including babies, and abused hundreds of others. The pediatrician abused his young patients (the average age of his victims was 3) at an office in Milford, Delaware and at his Disney-themed pediatrics practice in Lewes, Delaware, from the late 1990s until he was arrested in December 2009.

The pediatrician reportedly used promises of toys, candy, or ice cream to convince parents to let him take their children to other parts of his office that were equipped with video cameras, where he would rape or molest babies and toddlers.

The pediatrician had been employed by Beebe Medical Center in the 1990s, which had investigated allegations against the pediatrician and had cleared him of wrongdoing involving his medical treatment of young girls (a nurse had reported in 1996 that the pediatrician performed inappropriate vaginal exams by catheterizing many of the girls he examined). Beebe Medical Center was alleged to have failed to report the pediatrician to the proper authorities despite it knowing that he was a danger to his patients.

The pediatrician is serving sentences of 14 life terms plus 164 years in prison after being convicted in August 2011 of rape or abuse involving 86 patients whose rapes or abuses were videotaped by the pediatrician.

The 1,402 victims were recently mailed letters advising them of their share of the $122 million settlement of a class-action lawsuit against Beebe Medical Center, the Medical Society of Delaware, and other doctors. Beebe Medical Center will contribute $7 million to the settlement while its insurance companies will pay approximately $112 million. The Medical Society of Delaware and the others doctors will contribute $3 million to the settlement.

The victims who filed claims were classified into one of five categories based on the level of abuse they suffered, as determined by a mediator. All victims within a category will receive the same settlement amount; all of the victims will receive some settlement payment. The victims in the highest category, who were raped, reportedly will receive somewhere between $400,00 and $500,000 each. The victims in the lowest category, who were determined to have likely not been abused, will receive between $1,000 and $2,500.

The victims have a right to appeal the mediator’s decision as to their category classification until the end of 2013, after which the appeals will be determined and the distribution of the settlement proceeds will be made (which is expected in early 2014).

Prior Warning Sign?

The pediatrician had moved from Philadelphia to Delaware in 1995 after medical disciplinary officials and police in Pennsylvania cleared him of allegations that he had sexually abused a child.

Source

If your child was injured as a result of the medical malpractice committed by a pediatrician in Delaware or in another U.S. state, you should promptly consult with a Delaware medical malpractice attorney or a medical malpractice attorney in your state who may investigate your malpractice claim for you and represent you and your child in a medical malpractice lawsuit, if appropriate.

Click here to visit our website or telephone us toll free at 800-295-3959 to be connected with Delaware medical malpractice lawyers or medical malpractice lawyers in your state who may assist you with your medical malpractice claim.

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Missouri Veteran Receives $8.3M Settlement For VA Malpractice

Thursday, November 21st, 2013

162017_132140396847214_292624_nA retired 43-year-old U.S. Army veteran and long-time postal worker from St. Louis, Missouri had a cardiac stent implanted at the John Cochran VA Medical Center in St. Louis, Missouri during February 2009, after he experienced chest pain. The stent was implanted by using a catheter inserted through a large artery in his upper right thigh. He soon developed swelling and bleeding at the site where the catheter was inserted and an infection was found at the surgical site, requiring the artery to be surgically repaired. However, there was a delay of several days before the repair surgery was performed.

The veteran returned to the same VA Medical Center one week after the stent procedure, for the surgical repair of his damaged artery in his leg. The doctors at the VA Medical Center allegedly used infected tissue to patch the damaged artery. The man’s VA medical malpractice lawsuit further alleged that medical negligence by the VA doctors led to substantial blood loss that caused the man to suffer a severe brain injury. The infection in the man’s leg led to gangrene, which required that his leg be amputated.

The father of three lives with his wife, who now has to take care of her husband as if she has four children. The VA medical malpractice lawsuit was tried over a two-day period during October 2013. The federal judge approved the settlement of the malpractice claims on November 18, 2013, which provides for payment to the man in the amount of $6.5 million and an additional $1.5 million to his wife, for her losses.

The plaintiffs’ lawyer stated after the settlement was approved, “She did quite a good job of raising her kids. She is now raising a child, who is her husband, who will never grow up. Sometimes he is very depressed when he realizes what he can’t do.”

Other Claims Against The John Cochran VA Medical Center In St. Louis

It has been reported that a Florida man claimed in a medical malpractice lawsuit filed in February 2013 that he was misdiagnosed with lymphoma that caused him to receive unnecessary radiation and chemotherapy treatment for months.

A nurse in the intensive care unit was banned from treating patients after injecting one patient with a potentially lethal dose of fentanyl (a powerful painkiller) and other egregious acts resulting in death or near death of patients in 2010.

Also in 2010, a nurse failed to recognize or report that a 58-year-old man became unresponsive during a five-hour dialysis treatment session; the man died.

In 2010, more than 1,800 veterans were notified that they might have been exposed to HIV, hepatitis, or other viruses because of inadequate sterilization procedures in the VA Medical Center’s dental clinic.

In February 2011, the VA Medical Center shut down its operating rooms after rust stains were found on surgical equipment. The operating rooms remained closed for one month during which the operating rooms were cleaned and faulty equipment was replaced.

Source

Don’t our veterans, who have sacrificed so much to keep us safe, deserve better?

If you or a loved one were injured as a result of medical negligence at a VA medical center in the United States, you should promptly contact a local VA medical malpractice attorney in your state who may investigate the cause of your injuries for you and represent you in a federal medical malpractice claim, if appropriate.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who handle claims against the VA for medical malpractice.

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University Of Cincinnatti Settles Paralyzed Woman’s Medical Malpractice Lawsuit For $2.3 Million

Saturday, November 9th, 2013

162017_132140396847214_292624_nOn October 24, 2013, the Court of Claims of Ohio approved the $2.3 million settlement reached between the University of Cincinnati and a woman who became paralyzed as a result of medical malpractice. It took just over six years from the date that the woman filed her medical malpractice claim until the settlement was reached and approved by the court.

The Underlying Facts

According to the medical malpractice lawsuit that was filed on October 23, 2007, the 50-year-old woman went to a hospital emergency room on June 28, 2006, with symptoms including right shoulder pain, limited range of motion of her right upper extremity, a nonproductive cough, and a fever between 103 and 104 degrees. She was admitted to the hospital and a chest CT scan on June 29, 2006 was read as normal.  Although an infectious process was considered and her doctors contemplated performing a spinal tap procedure to rule out an infection, the spinal tap procedure was never ordered. Blood culture tests were ordered and done, but the woman was discharged from the hospital without the benefit of the results of the blood culture tests and without a diagnosis.

One or two days later, the results of the blood culture tests indicated that the woman had an infection: Staphylococcus aureus. Three days after the woman was discharged from the hospital, one of the physicians who treated her in the hospital was made aware of the blood culture test results but failed to advise the woman.

The woman was seen in another hospital emergency room (the day before the prior emergency room physician was made aware of the blood culture test results), complaining of severe pain in her right shoulder, neck, and back with muscle weakness and fever. Despite lab tests that indicated that the woman had an infection, she was again discharged from the emergency room, again without a diagnosis.

Four days later, the woman experienced progressive paraplegia, slurred speech, weakness in her upper and lower extremities, and acute renal failure. She returned to the second hospital emergency room where she was finally diagnosed with an epidural abscess. Despite treatment, she suffered paraplegia, allegedly due to the failure to timely and appropriately diagnose and treat her infection.

The University of Cincinnati was named as a medical malpractice defendant because it operated a family practice residency program at the first hospital, where the woman’s medical malpractice lawsuit alleged she received negligent medical care.

The woman’s medical malpractice complaint claimed, “As direct  and proximate results of the negligence of Defendants, [the Plaintiff] has suffered significant injuries, has been rendered permanently and totally physically disabled at age 50; has been forced to undergo multiple dangerous and painful diagnostic and therapeutic procedures; has incurred physical pain and mental distress, and expects to incur such expenses and losses and suffer pain and disability for the remainder of her life. Currently age 51, Plaintiff has a life expectancy of 34 additional years.”

Source

The medical malpractice case was filed in the Court  of Claims because the Court of Claims has original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies, such as the University of Cincinnati.

Source

If you or someone you know may have been injured due to medical malpractice in Ohio or in another state in the U.S., you should promptly seek to consult with an Ohio medical malpractice attorney (or a medical malpractice attorney in your state) who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with Ohio medical malpractice lawyers or medical malpractice lawyers in your state who may assist you with your malpractice claim.

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When Are Medical Malpractice Payments Required To Be Reported To The NPDB?

Sunday, October 13th, 2013

162017_132140396847214_292624_nThe National Practitioner Data Bank (“NPDB”) is a confidential information clearinghouse created by Congress with the primary goals of improving health care quality, protecting the public, and reducing health care fraud and abuse in the U.S. The NPDB is primarily an alert or flagging system intended to facilitate a comprehensive review of the professional credentials of health care practitioners, health care entities, providers, and suppliers.

The NPDB was originally established by Title IV of the Health Care Quality Improvement Act of 1986, Public Law 99-660. The intent of Title IV was to improve the quality of health care by encouraging State Licensing Boards, professional societies, hospitals, and other health care entities to restrict the ability of incompetent physicians, dentists, and other health care practitioners to move from state to state without disclosure or discovery of previous medical malpractice payment and adverse action history. These adverse actions include certain licensure, clinical privileges, and professional society membership actions, as well as Drug Enforcement Agency controlled substance registration actions and exclusions from participation in Medicare, Medicaid, and other Federal health care programs.

Information currently collected and disclosed by the NPDB under Section 1921 of the Social Security Act includes state licensure and certification actions against health care practitioners, entities, providers and suppliers; negative actions or findings by peer review organizations and private accreditation organizations; as well as certain final adverse actions taken by state law enforcement agencies, State Medicaid Fraud Control Units, and state agencies administering or supervising the administration of state health care programs. These final adverse actions include exclusions from a state health care program, health care-related criminal convictions and civil judgments in state court, and other adjudicated actions or decisions specified in regulations.

Source

A medical malpractice payment made by an entity such as a medical malpractice insurance company for the benefit of a health care practitioner in settlement or satisfaction, in whole or in part, of a written claim or judgment against that health care practitioner must be reported to the NPDB if the payment meets the following criteria:

1) Must be the exchanges of money;

2) Must be the result of a written complaint or claim demanding monetary payment for damages (based on the practitioner’s provision of or failure to provide health care services);

and

3) The practitioner must be named in both the complaint or claim, and the settlement release or final adjudication.

The NPDB has published the following flowchart to help determine if a medical malpractice payment must be reported to the NPDB:

Because a medical malpractice payment made on behalf of a health care practitioner who was dismissed from the claim or complaint prior to settlement or final adjudication is not reported to the NPDB if the dismissal was not the result of a condition in the settlement or release, medical malpractice plaintiff attorneys may name the employer of the particular health care practitioner who allegedly committed medical malpractice, along with the health care practitioner individually, so that there is an incentive to the medical malpractice defendants to resolve the claim before trial if the individual medical malpractice defendant can be subsequently dismissed from the claim and only the corporate defendant remain as the named defendant, thereby keeping the settlement from being reported to the NPDB against the individual health care practitioner.

In short, just because a health care practitioner’s name does not appear in the NPDB as having had a medical malpractice payment made on his behalf, it does not mean that the health care practitioner was not involved in a medical malpractice claim that resulted in a payment with regard to the claim.

If you or a loved one may be the victim of medical malpractice in the United States, you should promptly contact a local medical malpractice attorney in your state who may be willing to investigate your possible medical malpractice claim for you and file a medical malpractice claim on your behalf, if appropriate.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with medical malpractice lawyers in your U.S. state who may be able to assist you with your medical malpractice claim.

Turn to us when you don’t know where to turn.

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Pennsylvania Cancer Misdiagnosis Death Case Settled for $2.4M

Friday, October 4th, 2013

162017_132140396847214_292624_nThe family of a 49-year-old woman who died from allegedly misdiagnosed vulvar cancer (late diagnosis of her cancer) recently settled their medical malpractice claim against a large Pennsylvania hospital where the medical negligence was claimed to have occurred. The $2.4 million settlement was reached during mediation and was approved by a judge. The medical malpractice claim was filed while the woman was still alive but she died during the two years that the malpractice case was pending.

The Underlying Facts

In October 2008, the woman was referred by her gynecologist to the defendant hospital’s Women’s Vulvar Clinic for a biopsy to determine if the woman had cancer. Despite the gynecologist’s recommendation for a biopsy, the medical malpractice lawsuit alleged that a nurse at the Clinic stated that the woman’s chronic pain, discomfort, and her symptoms were not indicative of cancer. The woman was seen in the Clinic for almost two years during which time she continued to complain of symptoms that the Clinic treated with antibiotics. Finally, in July 2010, the Clinic performed a biopsy that determined that she had vulvar cancer that ultimately spread to her liver and bones despite treatment that included surgeries and chemotherapy.

The woman died from metatastic disease and Paget’s disease.

Source

What Is Vulvar Cancer?

The vulva is the outer part of the female genitals. Vulvar cancer is a rare type of cancer that usually grows slowly over several years. It may start with precancerous cells on vulvar skin called vulvar intraepithelial neoplasia (“VIN”), or dysplasia. While not all VIN cases turn into cancer, it is best to treat it early.

Vulvar cancer does not cause symptoms initially but a physician should be consulted if there is a lump in the vulva, vulvar itching or tenderness, bleeding that is not the result of menstrual flow, or changes in the vulvar skin such as color changes or growths that look like a wart or ulcer.

A history of human papillomavirus (“HPV”) or a history of genital warts increases the risk of developing vulvar cancer. Treatment of vulvar cancer depends upon many factors and may be treated with surgery, radiation therapy, chemotherapy, or biologic therapy.

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It is estimated that 4,700 women will be diagnosed with vulvar cancer and 990 women will die of vulvar cancer in 2013. From 2006 to 2010, the median age at death for vulvar cancer was 79. One in 359 women will be diagnosed with vulvar cancer during their lifetime. The overall 5-year relative survival rate for vulvar cancer for 2003 to 2009 in representative areas of the U.S. was 70.8%.

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What Is Paget’s Disease?

Paget’s disease is a disorder that involves abnormal bone destruction and regrowth, resulting in physical deformity. The disease causes an abnormal breakdown of bone tissue after which there is abnormal bone formation that results in a larger but weaker bone with new blood vessels. The cause of Paget’s disease is unknown although it is suspected that there is a genetic component or that it may result from a viral infection early in life. Paget’s disease is more common in Australia, New Zealand, and Europe than it is in the United States. The most often involved bones in Paget’s disease are the arms, collarbones, legs, pelvis, spine, and skull, and it may occur in one or more skeletal areas of the body.

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