November 14, 2013
Doctors licensed in the state of North Carolina have a responsibility to their patients to ensure the medications they receive are safe and are given in the correct dosages. The North Carolina Medical Malpractice Lawyers with HensonFuerst say any failure to do so often results in the doctor being reprimanded by the state and the family of the victim being eligible to hold the party responsible for their loss liable for damages.
A Cary, North Carolina, dentist is facing such scrutiny after a patient lost their life during a recent procedure. According to an article from WRAL News, the 57-year-old victim was sedated prior to having a procedure performed; however, the doctor failed to take into account how the patient’s sleep apnea could interact with the medication that was given and the patient stopped breathing. An autopsy revealed the victim died as a result of an overdose.
During a hearing held earlier this week, the North Carolina State Board of Dental Examiners found the doctor’s negligence in giving the patient the wrong dosage of medication was directly responsible for the death and ordered the doctor to surrender her license as punishment.
HensonFuerst and their team of North Carolina Personal Injury Lawyers are aware of how devastating the loss of a loved one to a medical error can be. That is why the firm would like to send their deepest sympathies to the family of the victim.
Women who have been harmed by transvaginal surgical mesh are finally seeing justice in the form of positive lawsuit verdicts in the millions of dollars. Some of the verdicts that have come in this year include:
Surgical mesh is used to repair conditions in which body organs need extra support because the muscles and ligaments supporting internal organs weaken, causing the organs to sag inside the body cavity. Surgical mesh is used to create a kind of sling or hammock to keep the organs in their proper place. In women, mesh is frequently used to treat pelvic organ prolapse and stress urinary incontinence.
But this surgical solution is seriously, dangerously flawed. Over the past three years, the U.S. Food and Drug Administration (FDA) received about 4,000 reports of severe complications associated with surgical mesh, including three fatalities. Complications can include:
While some manufacturers have plans to remove their surgical mesh products from the market, it’s not happening immediately. That means more women will be put at risk before these brands of mesh are gone for good.
Under the law, women who have been seriously injured by surgical mesh complications have the right to seek compensation for their losses and suffering from Johnson & Johnson, or any other company that manufactures the products.
If you or someone you care about has had surgery using transvaginal mesh to correct pelvic organ prolapse or urinary incontinence, you have the right to seek compensation for your losses and for your suffering. If you believe you have been seriously injured by transvaginal mesh, HensonFuerst Attorneys may be able to help. Someone is available 24 hours a day, 7 days a week to take your call, at 1-800-4-LAWMED; or contact us via our website at www.lawmed.com.
Life Doesn’t Wait, and neither should you. If you have questions, HensonFuerst has answers.
September 5, 2013
The North Carolina Medical Malpractice Lawyers with HensonFuerst Injury Lawyers explain that one of the leading causes of negligence claims being filed against doctors and hospitals is surgical errors. Data from an annual report released by the National Practitioner Data Bank showed that 49,429 medical malpractice payments were made in the United States between 1990 and 2002 due to surgery-related malpractice.
More recently though, a lawsuit was filed against Duke University and two of its doctors after a surgical error resulted in a patient’s small intestine being incorrectly reattached to the body.
According to a story from The Herald-Sun, the surgery occurred in March 2008 after the woman was admitted to Duke University’s hospital. During the procedure, a pair of doctors connected the woman’s small intestine to her vagina rather than her anus.
The mistake was corrected with a second procedure, but the mistake was costly and caused the patient to suffer a psychiatric disorder induced by the stress of the situation.
The victim and her husband filed suit against the hospital and the two doctors, claiming their negligence was directly responsible for the damages and losses they incurred. The hospital refuted the claims, stating trained professionals would need to determine negligence in the case under the law; however, the Court of Appeals ruled the case should move forward.
HensonFuerst’s team of North Carolina Personal Injury Lawyers hope a decision in the case brings closure to the victims.
August 1, 2013
Each year, thousands of North Carolinians are left seriously injured as the result of errors that occurred during a surgery. Many of these cases result in costly North Carolina Medical Malpractice Claims.
In an effort to reduce the number of these cases and push hospitals to improve patient safety measures, Consumer Reports is planning to release a study ranking some of the state’s hospitals based on their success in surgery.
According to an article released by WRAL News, the study examined factors such as mortality, readmission, and infection rates. The data was gathered from the records of Medicare patients who underwent one, or more, of the 27 most common procedures, including knee replacement, hip replacement, and back surgery.
Researchers concluded that Mission Hospital in Asheville, North Carolina, was the safest facility in the state, scoring 70 out of 100 points. Rex Healthcare in Raleigh followed with a score of 58, while Duke University Hospital came in with a score of 55 points.
Some hospitals were not ranked due to insufficient information from Medicare patients.
Consumer Reports is urging anyone who was harmed during a medical procedure to inform the local and state health departments of the error.
The North Carolina Personal Injury Lawyers with HensonFuerst also advise these individuals to discuss their legal options regarding their injury and their potential right to compensation with a qualified attorney immediately.
April 4, 2013
Practice make perfect seems to be the idea behind a program Duke University medical students are using to train to perform certain medical procedures without risking patient safety. An article from WRAL News discussed the game-based simulator and the impact it could have on the medical industry.
The tool was developed by Applied Research Associates and is played like a video game. During the course of different simulated procedures, which can range from bleeding during childbirth to repairing broken bones, participants make choices about what types of drugs and how much of those medications a patient should receive.
Course instructors are also capable of manipulating the program to create changes that force participants to make life and death choices. Data is then collected and analyzed to instruct participants on what they did right and wrong.
Experts say the program gives medical students the chance to gain experience without the risk of harming a patient. It may also prove to be effective in reducing errors a doctor could be held liable for if a North Carolina Medical Malpractice Lawsuit were to be filed against them.
The North Carolina Personal Injury Attorneys with HensonFuerst are intrigued by this technological advancement. The firm hopes it can help reduce the number of patients harmed each year by simple mistakes that are made while under the care of a physician.
March 21, 2013
The Supreme Court of the United States has ruled North Carolina is not entitled to collect one-third of a Taylorsville girl’s medical malpractice settlement.
In 2000, the girl suffered birth injuries while being delivered by a doctor with a history of drug abuse. Her injuries left her deaf and blind, as well as unable to sit up or walk for the past thirteen years. She also suffers from a condition that leaves her subject to seizures on a regular basis.
The girl’s parents filed a North Carolina Medical Malpractice Lawsuit against the doctor and were awarded a $2.8 million settlement in 2006; however, North Carolina officials claimed they could collect up to one-third of the award under a law designed to help float the state Medicaid program. The law entitled the state to the lesser of either the total Medicaid spending on the victim or one-third of the settlement total.
The case was taken before the Supreme Court in October of last year and yesterday, a decision was reached in a 6-3 vote that the state had no right to a portion of the settlement. An opinion written by Justice Anthony M. Kennedy explained that federal laws pre-empt the state from collecting such a large portion of an award.
The North Carolina Personal Injury Attorneys with HensonFuerst hope the decision helps brings some closure to the family of the victim.
January 31, 2013
A 12-year-old girl from Taylorsville, North Carolina—who was been disabled since infancy due to a botched childbirth procedure—is at the center of a case in the U.S. Supreme Court. The Charlotte Observer explained the case revolved around North Carolina’s ability to take a portion of awards given by a North Carolina Medical Malpractice lawsuit.
When the girl was being born by cesarean section on February 25, 2000, things did not go as planned and the child was born with cerebral palsy. The girl’s parents later sued both the physician and the medical facility where the procedure occurred in 2003 and was awarded a settlement of $2.8 million; however, North Carolina law allows the state to claim either one-third of the award given to a Medicaid beneficiary in a medical malpractice case or the total amount that Medicaid spent on the patient, whichever is less.
The family is now arguing that the law goes against a federal mandate that prohibits states from putting a lien on a Medicaid Beneficiaries property or portions of settlements that do not cover medical care. Since the family’s award doesn’t specify which portion is for medical costs and which is for pain and suffering, the Supreme Court will be left with a difficult decision to make.
The North Carolina Personal Injury Lawyers with HensonFuerst Injury Lawyers hope a decision will bring a sense of closure to the case for the family of the victim.
January 3, 2013
One of the major medical errors that has led to countless North Carolina Medical Malpractice lawsuits being filed is post operative or procedural infection. To help reduce the problem at one Burlington, North Carolina, hospital, the facility has agreed to participate in a government-funded study that will examine certain new methods of infection control.
According to an article published by Infection Control Today, the Alamance Regional Medical Center has agreed to take part in research being conducted by the Centers for Disease Control and Prevention (CDC) that will examine the effectiveness of Ultra-Violet (UV) disinfection technology over the next two-years. The study will specifically examine the effectiveness of the Tru-D SmartUVC™, which radiates a UV-C energy that has been found effective in breaking down the DNA of bacteria, spores, and viruses. Breaking of the DNA kills off the organism by preventing their ability to reproduce. The technology will be used to cleanse the rooms of patients who suffer from infections like MRSA, VRE, C. difficile and Acinetobacter.
Tru-D SmartUVC™ technology has been shown to be more effective in reducing levels of contaminates than more traditional methods of cleaning because of a patented technology that can measure and administer lethal doses of the energy in precarious locations in a room, like under a bed or in a dark corner.
The North Carolina Personal Injury Lawyers with HensonFuerst Injury Lawyers are hopeful the new technology will be successful in better protecting the safety of patients undergoing medical procedures.
November 8, 2012
A settlement has been reached in the North Carolina Medical Malpractice lawsuit that was filed on behalf of a Lumber Bridge woman who died as the result of a botched surgical procedure.
The Fayetteville Observer reports that in 2005, the 56-year-old victim was admitted to a Fayetteville, North Carolina, hospital to undergo surgery to remove cancerous masses from her colon and rectum. Following the surgery, the doctor preforming the procedure left a large sponge inside the woman’s abdomen.
The sponge wasn’t discovered until nearly 10 weeks after the initial procedure and had already caused the victim to suffer illness and infection, requiring her to remain hospitalized for more than a year. These infections left the woman unable to receive the chemotherapy and radiation treatments for her cancer. She died in October 2006.
The North Carolina Medical Malpractice lawsuit that was filed two years later on the victim’s behalf alleged the doctor was negligent and provided inadequate care. The settlement states $5.1 million will be paid to the victim’s estate, while $750,000 will go directly to the woman’s husband. The doctor or her insurance company will also pay another $1 million in legal fees and interest.
The North Carolina Personal Injury Lawyers with HensonFuerst Injury Lawyers believe doctors and medical staff have a responsibility to protect patients. That’s why the firm is here to answer any questions you may have if you have been harmed by a doctor.
It’s one of the worst kinds of medical stories: Contaminated products causing serious illness and deaths.
According to an article on WRAL.com, as many as 13,000 people received injections of a steroid (methylprednisolone acetate) contaminated with a fungus that causes meningitis. While that number includes all people who got injections in any location, the only patients at risk of developing fungal meningitis are those who got a shot in their spine to relieve back pain.
Currently, the U.S. Centers for Disease Control and Prevention (CDC) reports that 105 people developed meningitis after receiving an injection with the contaminated steroid, and nine people have died. Two of the confirmed cases of meningitis are in North Carolina.
According to an article in the News & Observer, only three health facilities in North Carolina have used the contaminated product:
Representatives from the High Point and Wilson locations say that all the patients who had been injected with the recalled batches of steroid had been notified–that was 70 patients in High Point and 26 patients in Wilson.
Patients who received shots of the contaminated product but who aren’t yet sick are not necessarily safe. Meningitis can take weeks to develop, and the CDC expects more cases to develop. Symptoms may include severe headache, nausea, dizziness and fever. The CDC said many of the cases have been mild, and some people had strokes.
The company responsible for the contamination–New England Compounding Center of Framingham, MA–has recalled all lots of the steroid, and everything else it makes, too.
“While there is no indication at this time of any contamination in other NECC products, this recall is being taken as a precautionary measure,” the company said in a statement.
HensonFuerst is doing its own investigation into the extent of the contamination, and would be interested in hearing from anyone who became sick after receiving a steroid injection at one of the clinics listed above. Feel free to call us at 1-800-4-LAWMED. We’ll keep you informed as more details become available.
To read the full story on WRAL.com, click here: 13,000 got suspect steroid shots
To read the full story in the News & Observer, click here: No meningitis cases among patients at Durham clinic