As a result, his wife died on the operating table. The next note was at 10:30 a.m., in which Price-Gordon noted that Murray was sitting up in a chair. The 2018 lawsuit Schaetzel vs Mercy Health Services-Iowa illustrates how documentation and professional conduct can be key factors in litigation. At the time Murray was unable to move her hands or arms. 3. Price-Gordon performed an initial assessment of Murray’s vital and neurological signs at 8 a.m., which was in line with the standard procedure. Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. during which a portion of her small intestine was perforated.. She sued the doctor for medical malpractice and, … Lack of Notes:  Many doctors record their visits just for this reason, speaking into a handheld recorder during/following the visit can be helpful for proper documentation later. Falsified records on issues relevant to a case are normally beneficial to the case of a patient. The plaintiff contended that Price-Gordon chose not to properly monitor Murray according to the physician’s orders and chose not to reassess Murray after giving the blood pressure lowering medicine. 1. The defendants had presumably anticipated this outcome as they had made no offer to settle either prior to or during the trial. Arch Intern Med.2012 Jun 11;172(11). Often improper charting leads to adverse consequences for the defense in medical malpractice litigation. Medical documentation: In a medical negligence case, the patient’s medical chart is of utmost importance. According to the physician orders, the nursing staff was to check Murray’s neurological and vital signs every four hours. According to all reports, the surgery was a success, but Murray remained in the hospital for further monitoring and care as a precautionary measure. A Legal Nurse Consultant can help a plaintiff attorney recognize where these charting errors have occurred.  Often these errors are determiners in whether a case holds merit and can be brought to settlement. In the case, William was the temporary guardian for his father-in-law, Harold, who was admitted to the hospital for … Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. At the close of the Illinois medical malpractice trial, the plaintiff asked the jury to return a $9.3 million verdict. There are many challenges inherent in a medical malpractice case, but some of the highest hurdles include: The plaintiff won a medical malpractice trial against the defendant doctors in New York County. The jury found that the defendants were negligent in the back surgery performed and in monitoring the anesthesia. Proper charting of medical records is imperative in providing safety and proper standard of care for patients. Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in Miller v. Edward Hospital. Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Kreisman Law Offices has been handling Illinois medical malpractice matters for individuals and families for more than 35 years in and around Chicago, Cook County, and surrounding areas, including Willowbrook, Glenview, Harwood Heights, Palos Heights, Buffalo Grove, and Matteson. We understand this because we have helped clients get their lives back after being victimized by medical malpractice. $7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit. $7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit. We serve the following localities: Cook County including Arlington Heights, Barrington, Berwyn Township, Chicago, Des Plaines, Glenview, Orland Park, Palos Park, Schaumburg, and Tinley Park; DuPage County including Downers Grove, Naperville, and Bolingbrook; Kane County including Aurora, Elgin and Geneva; Lake County including Waukegan; and Will County including Joliet. Price-Gordon testified that if she had found Murray non-responsive that she would have immediately called for emergency assistance. Jena AB,, Outcomes of Medical Malpractice Litigation Against US Physicians. However, Price-Gordon denied that this interchange ever occurred. During this pandemic of huge proportions, effective charting is a sure way to help reduce providers’ malpractice liability risk. Plaintiff Darla Keck underwent a sleep apnea procedure performed by defendants Dr. Chad Collins and Dr. Patrick Collins. In medical malpractice lawsuits, documentation is key in proving both the plaintiff’s and defendant’s cases. Medical Malpractice: Doctor Defendant's Request for Production of Documents. The malpractice suit was brought by Stanley Schwartz, an extremely well-known and successful plaintiff’s attorney in Michigan. Most medical malpractice cases for the plaintiff are handled on a contingent fee basis. of Joint Commission Center for Transforming Healthcare has admitted that, “With a death rate of 11,000 annually from patient falls, we ‘fell’ as a health system.” The no. Careless Handwriting: Something as minor as reading an A as an O can cause patients harm.  “A Texas case involving a filled prescription which was misread because of illegibility resulted in a $450,000 verdict against a physician; jurors said they were angered that the patient died because of illegible handwriting and indicated their verdict would have been higher had the patient’s attorney asked for more compensation.”   – MSV.org. In this case, an inmate suffered from esophagitis. Various immunity statues and executive orders protect clinicians treating COVID-19 patients, but that doesn’t mean that the plaintiff ’s bar won’t bring any suits. The countersuit was filed while the underlying medical malpractice case was yet unresolved and claims of malicious prosecution by the Emmons and negligence on the part of Mr. Schwartz were brought. The suit alleges that a doctor promised to perform an operation on his wife in a skillful, safe manner, but failed to do so. In other words, you are writing for everyone in your audience. spinal cord compression in the nerve roots. Furthermore, medical malpractice cases must prove that injury due to a violation of the standard of care was caused by negligence and that this injury resulted in significant damages to the patient. 2. At the medical malpractice trial, there was conflicting testimony as to the extent that Price-Gordon monitored Murray. As it was, Murray did not suffer any brain damage; her injuries were limited to the spinal cord. Special care should be undertaken by Plaintiff’s attorneys in determining the statute of limitations in their medical malpractice cases. She was later diagnosed with central spinal cord syndrome and continues to have paralysis of both her upper extremities. Rule of thumb? The experts testified that if the hypotensive event had occurred more than ten minutes prior to 4:30 p.m., then Murray would have been left with brain damage. The first step is to call so that you can discuss your case with a lawyer who truly understands medical malpractice … Another Justice Department study, using data collected If you sustained damages due to negligent treatment by a healthcare provider, it is critical to retain a skilled Maryland medical malpractice attorney to assist you in gathering the evidence needed … The plaintiff won the case, receiving an … Chesanow N, Malpractice: When to Settle a Suit and When to Fight. Due to the complexity of medical malpractice cases, along with the strict deadlines that accompany them, it is wise to enlist the services of an experienced New York medical malpractice attorney. IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. In addition, the pandemic has led to court closings across the country, which means that trials for pre-COVID litigation aren’t likely to occur until January at the earliest. determine in medical malpractice cases due to the inherent complexities in the facts of a particular case (which may include multiple acts of negligence; multiple parties and/or a long course of treatment). What Substantiates a Medical Malpractice Lawsuit, AMERICAN COLLEGE OF SURGEONS │Standard of Care Guidelines for Concurrent Overlapping Surgeries, Autopsies Help Establish Merit in a Medical Malpractice Case, WRONG SITE SURGERY OCCURS FREQUENTLY and LEADS to MEDICAL MALPRACTICE CLAIMS: wrong body part, wrong patient, wrong surgical procedure, New American College of Cardiology and American Heart Association High Blood Pressure Guidelines Lower Definition of Hypertension, EMERGENCY ROOM MEDICAL MALPRACTICE │ What goes wrong and why. Call Us Now For a Free Consultation | Toll Free: 800.583.8002 | Local: 312.346.0045, Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports –, Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection –, Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in, $6.25 Million Jury Verdict for Injuries Suffered for an Unnecessary Hip Replacement, $1 Million Settlement Reached in Failure to Continue Anticoagulant, $2 Million Jury Verdict for Negligent Injection Procedure Causing Permanent Complex Regional Pain Syndrome, Chicago Medical Malpractice Lawyer Kreisman Law Offices Home, Contact Illinois Personal Injury Attorney Kreisman Law Offices. This is important to the perception of the plaintiff’s attorney, hospital administrator or medical board member reviewing the file and, if the case goes further, to the attorney you will be looking to to protect your interests. Medical Malpractice. Surgeons guilty of medical malpractice may make errors due to insufficient preoperative planning, poor communication, fatigue, incompetence, or operating under the influence of drugs or alcohol.  Below are five medical record charting errors that can prove fatal to the defense’s case. v. DR. MANDY MOORE, et al, - Defendants. While the plaintiff relied more on the lack of documentation in the medical chart, the defendant relied more heavily on medical experts’ testimony to prove her case. Whenever doctors falsify medical records and the act of falsification is established, the victim may utilize it as evidence in a medical malpractice case. Special damages, damages that are generally expenses linked to the medical malpractice case such as medical bills and reimbursement for lost income due to time missed at work. Fields left blank: If the question was answered, even with a negative or unknown answer this should be made known in the medical record.  For instance if the patient has no known drug allergies, instead of just leaving the drug allergies section blank, NKDA should be recorded in the field. Price-Gordon’s shift ended at 3:30 p.m. and a new nurse took over the responsibility for Murray. T 207.650.9238. Chief medical officer and vice president, Erin DuPree, M.D. Even winning a case is no guarantee the plaintiff will see any real cash forthcoming. Punitive damages, damages that are specifically for the punishment of a professional health care … In Murray, the plaintiff claimed that the defendant nurse’s failure to monitor the plaintiff’s vital signs led to her permanent upper extremity paralysis. : 05-C-08-6591. conducted by the Bureau of Justice Statistics, medical malpractice plaintiffs win only 27 percent of trial cases – compared to 52 percent for all other plaintiff-won tort trials. In the Illinois medical malpractice lawsuit of Dolores Murray v. Diane Price-Gordon, R.N., 06 L 9083, the plaintiff was unable to convince the jury that the defendant nurse had acted negligently. However, when they relayed this information to Price-Gordon, they testified that she stated that Murray had received too much morphine. In addition, Price-Gordon maintained that she did monitor Murray every four hours as required by the orders, but that it was not required that she re-check Murray’s vital signs at noon because that was around the same time the physical therapist charted Murray’s vital signs. 2. And while a physical therapist noted that Murray had elevated blood pressure at an undocumented time, Price-Gordon made no more notes regarding Murray’s condition for the remainder of her shift. CASE NO. Both plaintiff and defense attorneys request a copy of the patient’s chart for medical chart review(s). 1 cause of patient injuries in hospitals today is falling. And while Price-Gordon did administer an antihypertensive medication in order to bring down Murray’s blood pressure at 3:14 p.m., she failed to document Murray’s vital signs prior to administering the medication. 4. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart. Medical malpractice can take an unbelievable toll on you and your family. Meaning if the records are incomplete, inaccurate, illegible, or altered the plaintiff attorney has very strong merit to pursue the case. In addition, the defense experts noted that nurses are not required to check a patient’s blood pressure prior to giving medication aimed at lowering blood pressure. “If it’s not in the record, it didn’t happen.”  Improper documentation in a medical record determines the outcome of a case. Medical malpractice is not limited to surgery, and the case of Paul Lozano illustrates this better than any other example. In many medical malpractice cases filed in New York, the court dismisses the case due to procedural errors, regardless of whether the plaintiff has a valid claim. For example, in instances in which a person is deceased due to medical malpractice, the claim must be pursued by a personal representative rather than the deceased individual. However, the nurse maintained that she had properly monitored and observed the plaintiff and that her actions were not responsible for the plaintiff’s paralysis. Proper charting of medical records is imperative in providing safety and proper standard of care for patients.  Often improper charting leads to adverse consequences for the defense in medical malpractice litigation.  The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case.  Meaning if the records are incomplete, inaccurate, illegible, or altered the plaintiff attorney has very strong merit to pursue the case. Â. However, when something is not documented in the chart, then it is up to both parties to convince the jury that their version of the events is true. Every conversation the physician has between themselves and the patient regarding, care, treatment, preventatives and testing should be documented in the chart. The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case. Required fields are marked *. In the Eighth Amendment context, prisoners have a Constitutional claim if prison officials demonstrate “deliberate indifference to a serious medical need.” It is a higher standard than medical malpractice. Request for Production of Documents Your email address will not be published. Ordinarily this ranges from 331/3 to 50% of the recovery after costs are deducted "off the top." Murray’s family members testified that they noted Murray becoming very lethargic over the course of the afternoon and was non-responsive. Makary MA, Daniel M, Medical Error—the Third Leading Cause of Death in the U.S., BMJ, 2016;353:i2139. The defendant nurse, Diana Price-Gordon, was responsible for monitoring Murray’s care during the day shift. AMY SMITH - Plaintiff. Roughly two months after the double bypass operation that … 5. Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports – Salinas v. Advocate Box 3, Woolwich, Maine 04579     Furthermore, they relayed that Nurse Price-Gordon told them she was going off duty, but would inform the nurse taking over for the next shift. The surgery was intended to open Ms. Keck’s airways to improve her breathing. On June 29, 2014, Elza Garzon underwent an endoscopy (a procedure used to visually examine the upper digestive system with a tiny camera on the end of a long, flexible tube) performed by Steven Batash, M.D. Dolores Murray had undergone a cervical laminectomy at the University of Illinois Medical Center in order to treat her long-standing cervical stenosis, i.e. You must have your medical records reviewed to determine if your case has merit. At 4:30 p.m., the chart shows that the new nurse found Murray in her chair, unresponsive and with profoundly low blood pressure. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection – Monahan v. Dr. Joseph Giordano In a medical malpractice case, damages may consist of the expense of extra medical treatment, and income that the plaintiff has lost or will lose by being not able to work. Likewise, the defendant’s medical experts argued that the event that led to Murray’s permanent paralysis could not have occurred any more than ten minutes prior to Murray being found unresponsive by the 2nd shift nurse. The contact form sends information by non-encrypted email, which is not secure. Subscribe to Blog Feed and receive new blog posts in your inbox: © Kathleen A. Mary, P.O. Inadequate history taking: Physicians need to take the necessary steps of interviewing patients about their past medical history, allergies, drug use, family history and names of other doctors that are treating them.  Having all of this information can prevent illness, adverse drug interactions, and allergic reactions and even prevent hereditary conditions.  Improper history taking can result in patient harm and even death. This was shown in a recent Maryland case, in which the court dismissed a plaintiff’s claims due to the plaintiff’s failure to set forth any facts that demonstrated that the defendant engaged in malpractice. Charting by exception does not necessarily result in patient records that give an incomplete picture, but minimizing documentation is risky. Medical records play a lead role in medical malpractice lawsuits, as case outcomes depend on what is in or isn’t as it may be, in the medical record.Â. Medication Problems: Prescriptions and refills must be adequately documented.  Improper documentation of medications prescribed can lead to adverse drug reactions between different drugs the patient is on, overdoses and general patient harm. Your email address will not be published. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart. At trial, both parties agreed that the central spinal cord syndrome was likely caused by the episode of low blood pressure; however, the parties disagree as to who was to blame for Murray’s low blood pressure. However, after deliberating for only one hour, the jury instead returned a verdict in favor of Nurse Price-Gordon. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. In the Illinois medical malpractice lawsuit of Dolores Murray v. Diane Price-Gordon, R.N., 06 L 9083, the plaintiff was unable to convince the jury that the defendant nurse had acted negligently. The majority of medical malpractice lawsuits result in defense verdicts, meaning the doctor, hospital, or other health care provider won the trial after the jury heard and considered all the evidence. The reversal of the lower court’s summary judgment ruling allows the medical malpractice to proceed. 1) Dana Carvey Bypasses Wrong Artery In 2001, USA Today reported one of the more well known cases of medical malpractice happened to Saturday Night Live alumni, Dana Carvey. Medscape Business of Medicine, Sept 25, 2013. Below are examples of why medical malpractice litigation is necessary and ultimately the most effective insurance against insufficient or negligent medical care. A jury is much more likely to believe what is documented in the chart than testimony that is generally provided several years after the alleged medical malpractice took place. 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