Preview

Malpractice

Better Essays
Open Document
Open Document
844 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Malpractice
Brain Surgery gone wrong

Going in for a surgical procedure can be a very nervous or scary prospect. In a majority of surgeries there are a whole host of complications that can and may arise. However, some of us contemplate the possibilities or chances the doctor might make a mistake and operate on the patient to conclude that he or she performed an incorrect procedure on the entire wrong side or part of the body.
Sadly, this doe happen a lot. Many will find it interesting to learn of out-of-state medical malpractices which lead to a recently filed lawsuit against neurosurgeon Dr. Armond Levy. The doctor had scheduled 53 year old Regina Turner of St. Ann on April 4th for a “left-sided craniotomy bypass” at St. Clare Health Center in Fenton. The patient had been having multiple problems and her health began eroding by series or multiple mini-strokes and affected her speaking ability but was still able to be understood. The surgery took place on the scheduled date, to correct the health erosion and stop the patient from having anymore strokes. It took a number of hours to complete the surgery only to conclude that the doctor and the operating team had done the entire correct procedure on the wrong side of her brain. After recognizing the mistake they performed the procedure on the correct side of the brain six days after the prior surgery. Before the incorrect surgery the plaintiff (Turner) was very mobile and able to care for herself as well as being cognizant. After the surgery had taken place Turner now has to have around-the-clock care for her basic needs and is also unable to speak intelligibly. She will also continue to suffer from anxiety, disfigurements, and emotional distress, as well as depression.
The suit accuses the performing neurosurgeon Dr. Armond Levy and the SSM with negligence and carelessness that led to a “wrong-site surgery”. The SSM officials declined from giving any comments pertaining to the pending litigation. Bill Hoefer, the

You May Also Find These Documents Helpful

  • Good Essays

    In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter,…

    • 875 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    A patient can not win a lawsuit with a doctor for claiming that the doctor did not comply with consent forms the patient must have been injured and “there must be a connection between the lack of informed consent and your injury.” The patient must claim “with the right information, you wouldn't have consented to the medical treatment that ended up harming you” An example previously mentioned would be the Darviris vs. Petros case, Darviris claimed she wouldn't have agreed to the procedure performed on her because of a family member’s complications with the same procedure. To win a malpractice lawsuit related to informed consent “the harm you suffered wasn't disclosed as a known risk of the procedure, even though most doctors would have discussed that particular risk as part of the informed consent process.” If a doctor kept risks from a patient and those risks harmed the patient the lawsuit would usually favor the patients. An lawsuit example would be Martin vs. Lowney, MArtin claimed that ehn being explained the procedure she was told that the scar would be one inch in length. When she woke up she had a six inch scar on her stomach. She accused Lowney of not explaining in full detail all the risks of the operation and not providing all information required for informed consent. When MArtin was explaining the incision had released bacteria into her bloodstream it…

    • 1763 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Spence case, both parties were in a lawsuit about informed consent. The physician failed to tell the patient of the risks that can happen while going into surgery and any risks that can happen after the surgery. The patient was told of the surgery but did not ask for any additional information. For my personal choice in this case i would find both sides responsible for some of the factors that has happened in the decision making of the physician and the patient. I believe that if the patient has a well grounded mind then the physician should tell them about all the risks for the precare, the surgery itself, and the postoperative care. All of this information can help to save the hospital from a lawsuit. Also, when the patient is presented with an illness that can be helped with an operation they should always do some research about it. This includes being able to ask additional questions and concerns to the…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The purpose of this paper is to review ways to reduce the cost of health care. This paper will…

    • 1629 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Paralegal Malpractice

    • 391 Words
    • 2 Pages

    Sally can suggest that Molly talk to her (Sally’s) attorney that she works with and set up an appointment with them to talk to them and see what they can do about her problem with her doctor and her knee surgery. As Molly doesn’t have any money, Sally can help her by helping her find someone who does Pro-bono cases for malpractice. Sally can tell her whether or not she has a good case but she can’t really tell her what to do, where to go, or even what papers to file to start the case. If she were to tell Molly what to do, where to go, or even what papers to file to start the case she could get into serious trouble for UPL’s (un authorized practice of law). As a paralegal, Sally can’t establish client-attorney relationships, set legal fees, give opinions or advice that involve legal matters, or even represent Molly before the court with her case. These things listed are called UPL’s. If an attorney messes with the UPL’s the consequences could be being reprimanded, which is being firmly scolded. She could be suspended, which is temporarily being unable to practice as a paralegal for a short time. Sally could even be Disbarred, which means being unable to practice as a paralegal in any law firm forever. Sally could even be imprisoned for messing with the UPL’s. If sally were to become imprisoned, it could bar her chances of ever being able to get a job in any other field that she chooses. There is also a civil liability for negligence, and criminal liability.…

    • 391 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Cafazzo V Central

    • 460 Words
    • 2 Pages

    Under restatement torts section:402 One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer. As Cafazzo sued the hospital and surgeon, this is not the case for the defendants. The defendants are not the manufacturers of the product, and it was not reasonably foreseeable that the product was defective. In law…

    • 460 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Wrong-site surgery should not happen because safety measures should be in place and healthcare providers should adhere to those recommendations. In our case, what went wrong is a series of errors occurred along the way. First, the physician did not recheck the ultrasound before operating. Second, there were no good communications among the medical professionals, which shows a lack of coordination of patient care. Third, the medical professionals relied on too few documents (posting sheet and office notes) and the patient’s word to determine surgery…

    • 448 Words
    • 2 Pages
    Good Essays
  • Good Essays

    When people in Georgia, and throughout the U.S., go in for a surgical procedure, they often put their trust in their surgeons and the medical staff assisting them. All too often, however, surgical errors occur. In fact, American Medical News reports that patients across the country experience surgical mistakes approximately 80 times per week. Frequently, such errors result in additional or worsened medical conditions for patients, as well as death.…

    • 550 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Surgical Site Infection

    • 582 Words
    • 3 Pages

    The wrong site surgery analyzes team will consist of several key professionals present at the time of surgery. The team will include the circulating nurse, registered nurse first assistant, attending surgeon, and operating room scheduler. The individuals chosen were picked, because they were present during the surgery or played a part in the scheduling of the surgery. The attending surgeon and circulating nurse all had very important responsibilities during this procedure. Mr. Smith right knee operative procedure was performed by the attending surgeon. Therefore, the attending surgeon had the most responsibility to the patient. The circulating nurse main goal is to ensure patient safety. A circulating nurse in the operating room must monitor and document procedures taken during the operation. The registered nurse first assistant has more responsibilities and work directly with the surgeon. They assist the surgeon by controlling bleeding, performing invasive procedures, and using medical equipment during the operation. The operating room scheduler will be a part of this team because they were responsible for scheduling the procedure for the ordering physician.…

    • 582 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Medical malpractice is when a doctor or another medical professional, such as a nurse or technician, does something or does not do something that causes an injury, harm or death to a patient. In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year due to medical malpractice. Those injuries include, but are not limited to, autism, cerebral palsy, as well as Erb's palsy. According to Donald H. Beskind, a professor at Duke University School of Law, juries are typically influenced by three main factors when deliberating on malpractice cases: the degree to which it is clear who was at fault for the negligence, what money would do to improve the plaintiffs' quality of life, and…

    • 418 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Helling V. Carey

    • 4538 Words
    • 19 Pages

    Rarely any physician intends to harm patients when he or she provides treatment to them. Patients see physicians and specialists in full faith that they will get help with a condition. What complicates the patient-doctor relationship is that the outcome of each patient’s treatment is different because of individual health conditions and the course of treatment chosen by the doctor. Problems arise when a patient is not satisfied with care provided by the doctor or in extreme cases when a patient dies. Since most of the time it is hard to clearly determine whether the outcome was solely a result of the course of treatment chosen by the doctor or whether other factors played a role too, quite often patients take their grievances to court to seek justice. What makes these kind of cases complicated is the “What would have been if…?” scenarios where one can only guess what the outcome of the treatment would have been had a different course of treatment been chosen because the proximate causes of injuries are not easy to determine.…

    • 4538 Words
    • 19 Pages
    Powerful Essays
  • Good Essays

    Catino, M. (2009). Blame culture and defensive medicine. Cognition, Technology, & Work, 11(4), 245-253. doi: http://dx.doi.org/10.1007/s10111-009-0130-ySatiani, B. (2004). The economics of health care litigation. Vascular and Endovascular Surgery, 38(3), 287-90. doi:…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Medical malpractice lawsuits are startlingly common and result from a number of reasons. Doctors and medical specialists can make medical errors, missed diagnoses, drug errors and miss test results (Lovenberg, 2015). Doctors can also make surgical errors and anaesthesia mistakes (Lovenberg, 2015). Unfortunately, all of these failures can result in serious injury and often death. Malpractice tort law is a Constitutional right and provides a means for individuals who have suffered from medical negligence to receive reparation for compensatory damages (Lau & Johnson, 2014). However, defendants in these numerous cases disagree with the tort laws and have successfully and unsuccessfully argued for reform…

    • 684 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Tort Law Case Study

    • 445 Words
    • 2 Pages

    I felt this case was of negligence and malpractice, how can someone complain about their discomfort, provide relevant medical history and not get the proper diagnosis. They could have provided a more I depth diagnosis or allowed for a longer observation period. Hospitals often struggle to find a balance between profit and patient care. If the profit margin was not the first priority, then maybe we can avoid similar cases like this. It seems that the struggle for tort reform in finding a good balance between protecting healthcare institutions and at the same time allow for patients the opportunity to pursue compensation when malpractice does occur is…

    • 445 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Damon Weber was an energetic, likable young man whose life ended at the young age of sixteen as a result of what his father, Mr. Weber, believes was a deviation from the expected standard of care at the hand of physicians at the New York Columbia Presbyterian Hospital (Weichselbaum, 2012). As a result, Mr. Weber filed a medical malpractice suit on behalf of Damon against New York Columbia Presbyterian Hospital and the medical director of pediatric heart transplants, Dr. Mason. The case is currently being heard in the Brooklyn Supreme Court. We will take a look at the issues and parties affected in this case as well as the stakeholders involved. When the case is reviewed we will see how this is not just another medical malpractice case of wrongful death. This is a story of change and how one father takes on the “fiefdom” (Weber, 2012) of a world-renowned metropolitan hospital to vindicate the death of his eldest son.…

    • 2147 Words
    • 9 Pages
    Powerful Essays

Related Topics