Hawaii Injury Lawyer Blog

The family of a severely brain-damaged child has been awarded an $8.5 million settlement in a medical malpractice case brought against the Bayonne Medical Center in New Jersey and three care givers.

Medical malpractice birth trauma cases involve some of the most catastrophic and life-long injuries. One way birth injuries occur is when the flow of blood is cut off during the labor and delivery process. Physicians and nurses need to act immediately to restore the oxygen supply to the baby, such as by performing an emergency C-Section. The failure to act appropriately and promptly may constitute medical malpractice.

According to news reports, the New Jersey birth trauma case stemmed from the alleged failure of the physicians and hospital staff to act promptly during Jose Ordonez’ delivery. In 2005, the boy’s mother – Emily Ordonez - went into the hospital at the first signs of labor. All prenatal tests indicated that Jose was healthy. However, several hours into labor, the heart monitor showed that Jose’s heart rate had plunged from 140 beats per minute to 60, a dangerously low level. Despite this warning sign, the labor and delivery room nurse waited for a half and hour before calling the obstetrician, who then took 22 minutes to arrive at the hospital and then waited an additional 20-30 minutes before performing an emergency Cesarean section.

Jose’s umbilical cord was compressed and he was deprived oxygen, leaving him permanently brain damaged and in need of full-time care. He is unable to see, walk, or hold his head up, and requires to be fed through a tube.

Continue reading " $8.5 Million Medical Malpractice Settlement In Brain Damage Case " »

New spinal cord injury research out of Ohio State University is providing hope to victims of these devastating injuries. Spinal Cord Injuries (SCI) can result from auto accidents, sports accidents, medical malpractice and other traumatic injuries.

Those suffering from spinal cord injuries may require life-long medical care. Complications of SCIs include paralysis, chronic pain and bladder and bowel dysfunction.

The new research has determined that certain types of white blood cells - “ macrophages” - thought to be harmful have now been shown to have beneficial properties. Instead of just creating additional tissue damage, the OSU study linked the cells to improved nerve cell communication and rehabilitation. With increased understanding of the cells properties, researchers hope to create new therapies to assist those suffering SCIs.

Similarly, StemCells, Inc. has started a stem cell trial considered “landmark event for the field of spinal cord injury research.” The trial will use human neural stem cells to treat chronic spinal cord injuries.

Continue reading " Spinal Cord Injury Research Provides Hope To Those Injured " »

A jury has awarded a Terra Haute man $2.5M medical malpractice verdict in a failure to diagnose cancer case. This case arose after the Indiana man - Jeffery Davis - went to his doctor complaining of rectal bleeding and other gastric complaints. However, neither a colonoscopy nor sigmoidoscopy was performed.

An appropriate and timely diagnosis is critical to obtaining the proper treatment. A health care provider should be trained to diagnose a particular medical problem such as cancer – and the tests necessary to make the diagnosis. The failure to conduct the appropriate tests may be considered medical malpractice and the doctors who fail to comply with the requistite standard of care may be found financially responsible.

Here, Davis alleged negligence on the part of his doctor in 2004 for failing to diagnose his colon cancer in 2004. After moving to Arizona and seeing a doctor for the same complaints in 2006, Davis was diagnosed with Stage 4 untreatable colon cancer. The failure to diagnose cancer at the earlier date may have deprived Davis of the opportunity to receive critical treatment.

He now has a year to live.

Continue reading " $2.5M Verdict In Medical Malpractice - Failure To Diagnose Cancer Case " »

The 9th Circuit Court of Appeals has just affirmed a $7.5 million medical malpractice verdict awarded by the District Court of Guam. The court found that staff at the Anderson Air Force Base family clinic failed to recognize “alarming” neurological symptoms that led to a patient’s permanent disability.

When a physician, hospital staff or other health care professional fails to comply with the community standard of care, they may be liable for medical malpractice. One area where malpractice can occur is the failure to diagnose a condition in order to provide prompt and appropriate treatment.

Here, Deborah Rutledge the wife of an airman stationed on Guam, sought treatment for back pain, numbness and loss of sensation in her groin. She was seen by a nurse practitioner and licensed physician assistant who failed to adequately investigate her symptoms. It wasn’t until several days later when seen by a doctor, that Rutledge’s condition – Cauda Equina Syndrome - was properly identified and she was flown to Hawaii for treatment.

Continue reading " $7.5 Million Medical Malpractice Verdict Upheld Against Anderson Air Force Base " »