Category: Medical Malpractice

A male patient suffered a serious eye injury when he was struck in the eye by a briar while walking in the woods, experiencing significant pain and a “gush” of fluid from the eye. He promptly sought care from a local optometrist, who recommended that he see an ophthalmologist for further evaluation. Despite the patient’s worsening vision and increasing pain, the ophthalmologist continued to treat the injury with medicated eye drops over several days.

Eventually, the patient was referred to a large hospital for advanced care, but by that time, the damage had progressed significantly. The patient underwent multiple procedures in an effort to save his eye, including direct injections, but ultimately the eye could not be salvaged and had to be removed. He was later fitted with a prosthetic eye and had to adapt to his new limitations. Our experts determined that the ophthalmologist should have immediately referred the patient to the hospital for a higher level of care, instead of attempting to treat the injury at his office. Expert testimony further indicated that, with prompt and appropriate care, the patient would likely have retained his eye. Our firm successfully secured a substantial settlement for the patient early in the litigation process.

Type of Medical Malpractice: Delayed Referral and Mismanagement of Eye Injury  

Standard of Care Issues: 

• Timely referral to a specialized facility for critical eye injuries 
• Recognition of worsening symptoms and the need for higher-level care 
• Avoiding prolonged office-based treatment for severe ocular trauma 

A male patient with chronic obstructive pulmonary disease (COPD) was managing his condition at home with medications and a BiPAP machine. On occasions when his condition worsened, resulting in hypercapnia and associated confusion due to elevated CO2 levels in his blood, he required hospitalization for additional medical support.

During one such hospitalization, the attending physicians failed to recognize the patient’s symptoms and did not adhere to established protocols for managing hypercapnia. Instead, they administered sedatives and restrained the patient to his bed due to his confusion and agitation—symptoms directly related to his elevated CO2 levels. Tragically, the patient died as a result of hypercapnic respiratory failure, and the medical staff did not accept responsibility.

Our firm conducted an in-depth investigation, uncovering that the patient had been administered sedative medications to which he was known to be particularly sensitive. Furthermore, the physicians deviated from the standard care typically provided to address his CO2 retention. After a lengthy jury trial, the jury returned a verdict of $1,000,000 in favor of the patient’s estate. The verdict was later upheld by the West Virginia Supreme Court of Appeals.

Type of Medical Malpractice: Failure to Properly Manage Hypercapnia in COPD Patient 

Standard of Care Issues: 

• Recognition and appropriate management of hypercapnic symptoms 
• Avoiding the administration of contraindicated sedative medications 
• Adherence to established protocols for treating CO2 retention 

A female patient at a nursing home became bedridden following a hip fracture. After being transferred to a facility closer to her family, her relatives discovered a severe, unstageable pressure ulcer on her lower back. The nursing records indicated that the staff failed to perform regular skin assessments and did not implement a care plan to address the patient’s limited mobility. Additionally, there was no documentation of turning protocols or other preventive measures to avoid pressure ulcers.

Alarmingly, it was the patient’s family who first identified the pressure ulcer, which had likely formed weeks or even months earlier. The patient was subsequently transferred to a local hospital with a serious infection, which unfortunately led to her death. Our firm was hired to represent the woman’s estate, and through our efforts, we secured a favorable settlement early in the litigation process.

Type of Medical Malpractice: Failure to Prevent and Treat Pressure Ulcer in Nursing Home

Standard of Care Issues: 

• Regular and thorough skin assessments for immobile patients 
• Implementation of a comprehensive care plan for high-risk individuals 
• Preventive measures, such as turning schedules and pressure-relief protocols 

A male patient in his 70s became acutely ill due to a spontaneous bleed from the blood vessels near one of his kidneys. He was emergently taken to the hospital, where the source of the bleeding was identified. During an exploratory laparoscopic surgery, the surgeons inadvertently caused a grade V splenic laceration, commonly referred to as a “shattered spleen.” However, this significant injury was not identified before the surgical team closed the patient’s abdomen.

The patient was transferred to the recovery floor, where he continued to bleed internally and required additional blood transfusions. Despite the ongoing blood loss, the attending physicians failed to recognize the severity of his condition. The following morning, after a shift change, another physician promptly took the patient back to the operating room. There, the bleeding was discovered, along with a large hematoma and a significant amount of clotted blood. Although a splenectomy was performed, the patient had lost too much blood, leading to organ failure and ultimately his death.

The patient’s family approached our firm to investigate the cause of his death. With the support of medical experts, we determined that the physicians had acted negligently by failing to recognize and address the patient’s internal bleeding for nearly 16 hours. Shortly after filing a lawsuit on behalf of the Estate, we secured a sizeable settlement.

Type of Medical Malpractice: Failure to Recognize and Treat Post-Surgical Internal Bleeding 

Standard of Care Issues: 

• Accurate identification and management of intraoperative injuries 
• Timely monitoring and intervention for signs of internal bleeding post-surgery 
• Proper communication and handoff between surgical and recovery teams 

A male patient suffering from debilitating myasthenia gravis was prescribed a medication commonly used to treat the disorder. While effective, this medication is known to carry risks of severe side effects, including potential liver damage. As part of the treatment protocol, the prescribing physician was responsible for regularly monitoring the patient’s liver enzymes and related biomarkers, particularly when adjusting the dosage.

Tragically, the patient’s liver enzymes began to show signs of severe and acute liver damage, but the prescribing physician failed to review the lab results and, even more critically, increased the medication dosage. By the time the issue was identified due to the patient’s severe illness, it was too late, and the patient passed away from liver failure caused by the medication’s side effects.

After being contacted by the patient’s widow, our firm conducted a thorough investigation into the cause of death. With the support of medical experts, we confirmed that the new medication was the primary factor. We successfully secured the maximum allowable settlement under West Virginia law for this type of case.

Type of Medical Malpractice: Failure to Monitor Liver Enzymes Leading to Fatal Liver Failure  

Standard of Care Issues: 

• Regular and thorough monitoring of liver enzymes when prescribing high-risk medications 
• Prompt response to lab results indicating potential organ damage 
• Proper dosage adjustments based on patient health and lab findings 

A male patient was scheduled for a routine wrist surgery to remove a small bone that was causing him significant pain and loss of mobility. During the procedure, the surgeon mistakenly removed the wrong bone, leaving wrist fusion as the only viable corrective option. Unfortunately, instead of providing the anticipated relief and improved range of motion, the fusion surgery exacerbated the patient’s mobility issues, resulting in a wrist that could no longer bend or flex to the same extent as before the procedure.

Following our investigation into the case, our firm secured a substantial pre-suit settlement on the patient’s behalf, acknowledging the impact of the surgical error on his quality of life.

Type of Medical Malpractice: Surgical Error Leading to Wrist Fusion  

Standard of Care Issues: 

• Accurate identification and removal of the correct bone during surgery 
• Proper surgical planning and execution to avoid irreversible outcomes 
• Effective post-surgical follow-up and corrective measures 

A male patient underwent a scheduled surgery to repair a hiatal hernia and was informed that the procedure was successful. However, he soon experienced extreme pain, nausea, and vomiting, and returned to the emergency room with signs of infection, including an elevated white blood cell count. Despite these concerning symptoms, the surgeon dismissed them for two days. Unbeknownst to the patient, the surgeon had inadvertently nicked his intestine during the surgery and failed to identify the injury before closing the abdomen.

The situation was further complicated by the surgeon’s failure to respond promptly to the patient’s symptoms upon his return to the hospital. When the surgeon finally acknowledged there was an issue, a substantial portion of the patient’s large intestine was found to be unsalvageable, requiring a bowel resection and colostomy. Several months later, the patient was able to undergo a colostomy reversal, but not before enduring months of pain, illness, severe weight loss, and the inability to participate in activities he enjoyed with his family.

Following a thorough investigation and litigation, our firm secured a significant settlement on the patient’s behalf.

Type of Medical Malpractice: Surgical Negligence and Delayed Recognition of Complications  

Standard of Care Issues: 

• Proper identification and management of intraoperative injuries 
• Timely evaluation and response to postoperative symptoms 
• Adequate monitoring and follow-up care in high-risk surgical cases 

A male patient with a malignant spinal cord tumor was hospitalized and unable to ambulate independently. During his approximately six-week stay for treatment, his family discovered a severe, unstageable pressure ulcer at the base of his spine. Despite the patient’s inability to walk and reliance on hospital staff for turning and repositioning, there was no documentation in the medical records indicating that he was being properly assessed for skin breakdown or receiving adequate preventive care.

The patient eventually recovered enough to return home, but he endured extreme pain during the lengthy healing process, which required treatment with a wound vac. Our firm litigated the case against the hospital staff responsible for his care, successfully securing a sizeable settlement to compensate the patient for his suffering and inadequate treatment.

Type of Medical Malpractice: Failure to Prevent and Treat Pressure Ulcer 

Standard of Care Issues: 

• Regular assessment and documentation of patients at risk for skin breakdown 
• Proper preventive care and timely intervention to avoid pressure ulcers 
• Adequate monitoring and repositioning of non-ambulatory patients 

A male patient presented to the emergency room with an infected hair follicle on his groin. He was admitted to the hospital and placed under the care of a hospitalist who was not board certified and had repeatedly failed the board examinations—an indication of competence, though not a formal requirement. During his hospitalization, the patient was administered excessive IV fluids, leading to fluid overload and congestion. Recognizing the symptoms, the doctor ordered an echocardiogram to assess the patient’s heart function.

The echocardiogram results revealed a critically low ejection fraction of 10-15%, indicating a high risk of sudden cardiac death. This was a significant finding, especially since the patient had previously undergone an echocardiogram due to an artificial aortic valve related to a congenital condition, and his baseline heart function had been normal. Despite this critical result, the hospitalist discharged the patient without reviewing the echocardiogram report, consulting a cardiologist, or even telling the patient.

Less than a day after being discharged, the patient collapsed and died from heart failure. Through a thorough investigation, our firm demonstrated the negligence involved, which led to a substantial settlement for the patient’s family on the first day of trial.

Type of Medical Malpractice: Failure to Diagnose and Mismanagement of Cardiac Condition 

Standard of Care Issues: 

• Accurate interpretation and timely review of critical diagnostic results 
• Consultation with specialists when significant abnormalities are identified 
• Appropriate management of high-risk cardiac conditions 

A female resident of a nursing home, suffering from MS, lacked the capability to walk. As part of her care routine, the nursing staff utilized a Hoyer lift to assist her into the shower for bathing. Unfortunately, due to negligence and inattention on the part of the nursing staff, the patient was mistakenly dropped onto the shower floor. This incident led to a severe injury, notably a broken hip, which necessitated extensive surgical intervention and caused the patient significant discomfort. Armed with the expertise of appropriate nursing home specialists, our firm successfully secured a substantial settlement for the client prior to initiating a lawsuit.

Type of Nursing Home Negligence: Improper Use of Medical Equipment  

Standard of Care Issues: 

• Proper training and attentive use of Hoyer lift
• Ensuring patient safety during daily care routines
• Immediate response and provision of medical care after incidents