Category: Medical Malpractice

A male patient underwent a cholecystectomy and was subsequently discharged. He soon returned to the hospital, experiencing severe abdominal pain. A CT scan revealed that a portion of his small bowel was incarcerated, protruding through an incisional hernia. Despite these findings, the overseeing surgeon did not recognize the severity of the condition and primarily administered pain medication as treatment.

As the patient’s condition continued to deteriorate, he experienced increasing pain and eventually developed sepsis and suffered a heart attack. Only at this critical stage did the surgeon acknowledge the perforation of the small bowel. Throughout litigation, the surgeon denied the lack of blood supply to the bowel until the pathology report irrefutably confirmed that the excised bowel segment was infarcted.

Our firm meticulously uncovered these discrepancies and demonstrated the negligence involved, resulting in a substantial settlement for the patient on the first day of the trial.

Type of Medical Malpractice: Post-Surgical Negligence and Misdiagnosis 

Standard of Care Issues: 

• Timely and accurate diagnosis of complications 
• Adequate post-surgical monitoring of the patient’s condition 
• Immediate action upon recognizing post-surgical complications 

A male patient, following open-heart surgery, developed a small red lump near his sternum a couple of years post-operation. Examination revealed that a wire used to close his chest during the initial surgery was protruding through his skin. While an additional procedure was performed to clip the wire, the patient’s health declined due to improper wound care. Over the following months, he developed osteomyelitis in his collar bone, which required emergency surgery to remove the infected bone segment.

During this emergency surgery, a large sponge was discovered inside the patient’s chest, indicating a serious oversight by the nursing staff responsible for his wound care. This retained sponge was identified as the cause of the severe infection that spread to his collar bone. As a result of enduring months of pain, infections, and multiple surgeries, the patient sought our legal expertise. Through rigorous investigation and litigation, our firm achieved a substantial settlement for the patient, providing some relief in his difficult recovery.

Type of Medical Malpractice: Post-Surgical Negligence and Foreign Object Retention 

Standard of Care Issues: 

• Proper post-surgical wound care 
• Accurate equipment and material counts post-operation 
• Timely recognition and response to complications 

A woman in labor opted for an epidural to alleviate pain but experienced a severe headache as a side effect. Although she delivered a healthy baby, her headache persisted. Seeking care at a smaller hospital, a CT scan revealed a serious risk of brain herniation. Upon being transferred to a larger facility, which was aware of the CT scan results, the medical team there disagreed with the initial findings.

As the herniation worsened, the hospital’s team, in violation of standard protocols, ordered a spinal tap. This decision further depleted her cerebrospinal fluid (CSF), worsening the herniation. The situation became critical, putting the patient’s life in jeopardy. A neurosurgeon eventually intervened, performing a life-saving craniectomy and implanting a permanent shunt and drain to manage the excess fluid in her skull. Unfortunately, the drain requires regular adjustments to maintain its effectiveness.

Distressed by the series of misdiagnoses and improper treatment, the patient approached our firm. We pursued a medical malpractice lawsuit on her behalf, which concluded with a substantial settlement.

Type of Medical Malpractice: Post-Surgical Complication Mismanagement and Chronic Misdiagnosis 

Standard of Care Issues: 

• Accurate interpretation of diagnostic results (CT scan) 
• Proper management of post-surgical complications 
• Timely recognition and response to severe symptoms 

A female patient, who sought medical attention following a fall, unexpectedly learned of a mass on her pancreas. Although the mass was benign, the surgeon recommended a comprehensive surgery to remove both her spleen and pancreatic tail due to potential malignancy risks. After the surgery, the patient’s health began to deteriorate, characterized by recurring nausea, vomiting, and diarrhea. Despite her consistent reports to the original hospital, she was repeatedly diagnosed with pancreatitis.

An assessment at an external hospital using a CT scan identified a small bowel obstruction, yet the original hospital and surgeon dismissed this finding, adhering to their pancreatitis diagnosis. As the patient’s condition continued to decline, a visit to another facility confirmed the presence of a bowel obstruction. Unfortunately, the delayed intervention had catastrophic consequences; the prolonged disruption of blood supply necessitated the excision of significant portions of her small and large bowel, which narrowly saved her life.

As a result, the patient was left with a colostomy and required j-tube nutritional feeding due to the reduced absorption capacity of her remaining bowel. Our firm pursued justice for this significant oversight, securing expert opinions and testimony that supported our client’s claims. This led to substantial litigation and a significant settlement for the patient.

Type of Medical Malpractice: Surgical Complication and Chronic Misdiagnosis  

Standard of Care Issues: 

• Accurate and prompt diagnosis of post-surgical complications 
• Considering external medical opinions when persistent symptoms are present 
• Timely intervention to prevent irreversible damage to the patient’s health 

A male patient, who had initially undergone a seemingly successful laparoscopic cholecystectomy, experienced an unexpected health scare while traveling. Upon reporting to a different hospital, tests revealed a severe infection and an abdominal abscess near the former surgical site. Further assessment and surgery uncovered a piece of a laparoscopic retrieval bag that had been mistakenly left behind during the initial procedure.

Despite this evident oversight, the original hospital denied responsibility and refused to cover the patient’s subsequent medical expenses. When the patient approached our firm, we engaged surgical experts who confirmed that the oversight was a clear breach of the standard of care. Surgical teams are required to maintain meticulous counts of all instruments and ensure none are left behind post-operation.

The hospital and surgeon attempted to shift blame to the device manufacturer, alleging a ‘defective’ retrieval bag. This prompted legal action on multiple fronts, as we pursued claims against the surgeon, hospital, and device manufacturer. Our firm’s determined efforts led to a notable settlement for the patient, covering his medical expenses and compensating him for the emotional and physical trauma he endured.

Type of Medical Malpractice: Surgical Negligence and Retention of Foreign Object 

Standard of Care Issues: 

• Diligent monitoring and counts of all surgical instruments and items 
• Thorough inspection post-surgery to ensure no objects remain within the patient 
• Timely acceptance of responsibility and corrective actions in response to surgical errors 

An expectant mother, in full-term pregnancy, presented to her regular hospital after her water broke. Labor progressed without complications until the fetal heart monitor displayed a concerning sinusoidal rhythm—indicative of a category III heart tracing, which required immediate evaluation by an obstetrician. Rather than alerting the on-call doctor immediately, the nursing team attempted to reposition the patient. As the monitor readings became erratic, additional minutes were spent adjusting the machine and sensor placements. It took approximately 15 minutes before the on-call doctor, who was not on-site, was notified.

During this critical time, the hospital’s protocol to alert a neonatologist in anticipation of potential resuscitation at delivery was not followed. As a result, when the baby was born, she was not breathing and had only a faint pulse. The absence of a neonatologist meant that less qualified staff attempted, unsuccessfully, to resuscitate the baby.

Our investigation revealed several lapses in care, including delays in notifying the on-call physician and failures to adhere to hospital protocols for high-risk deliveries. These findings led the hospital to revise its policies, implementing automated alerts for neonatologist involvement in emergency C-sections. Our firm’s efforts resulted in a substantial settlement for the parents, acknowledging the failures in their care and supporting them in their recovery.

Type of Medical Malpractice: Obstetric and Nursing Negligence 

Standard of Care Issues: 

• Immediate response to concerning fetal heart monitor readings 
• Timely decision-making and communication among healthcare professionals 
• Adherence to hospital protocols for high-risk deliveries 

A woman presented to an emergency department with acute abdominal pain. Lab tests identified new-onset anemia, and a CT scan revealed bowel intussusception—findings that, in an adult, can strongly indicate a potential malignancy. Despite these critical results, the hospital discharged the patient without adequately addressing or investigating these concerning findings.

Following her discharge, the patient began iron infusions through her primary care provider. However, the primary care provider also failed to investigate the underlying cause of the anemia and the CT scan findings. Approximately 18 months later, the patient revisited another emergency department with similar symptoms. It was then discovered that the initial CT scan had shown the same concerning findings, which had been overlooked. Subsequent surgery revealed a tumor, and biopsy results confirmed it was malignant. Unfortunately, due to the initial oversight, the malignancy had progressed unchecked during the intervening period.

Our firm meticulously identified the lapses in care by both the initial hospital and the primary care provider. We pursued a medical malpractice claim based on the lost opportunity for earlier chemotherapy and radiation, which would have likely resulted in a better prognosis. Through our dedicated efforts, we were able to secure a substantial settlement for the patient, providing crucial financial support as she navigates ongoing cancer treatments.

Type of Medical Malpractice: Failure to Diagnose 

Standard of Care Issues: 

• Accurate interpretation of lab and imaging results 
• Recognition of critical findings suggestive of malignancy in adults 
• Timely and appropriate referrals and interventions based on diagnostic findings

A male patient sought a routine colonoscopy, which unfortunately resulted in the perforation of his colon during the procedure. Recognizing the error, the surgeon performed a colectomy that led to the creation of a colostomy. However, during this corrective surgery, the surgeon made a critical error by mistakenly suturing the patient’s small bowel to his abdominal fascia.

The severity of this mistake became evident when the patient’s condition rapidly deteriorated, prompting him to seek care at another hospital. Upon examination, the protruding small bowel was visibly discernible through the abdominal incision. Tragically, the patient developed sepsis and subsequent cardiac complications, ultimately leading to his untimely death.

Through the expertise of a skilled surgical consultant, our firm identified the cause of the patient’s demise, leading to a significant pre-suit settlement for the patient’s estate.

Type of Medical Malpractice: Surgical Negligence 

Standard of Care Issues: 

• Proper technique during routine procedures 
• Accurate identification and management of surgical complications 
• Ensuring the integrity of all surgical repairs and post-operative checks 

A male patient with a diseased gallbladder underwent a laparoscopic cholecystectomy performed by a surgeon. After the operation, the surgeon assured the patient of the procedure’s success but failed to disclose or document suspected complications involving the patient’s bile duct. When the patient’s health began to deteriorate, prompting an earlier-than-scheduled post-surgery visit, the surgeon maintained his reassurances.

However, days later, the patient’s jaundiced appearance led him to seek emergency medical care, where critical liver issues were identified. Despite the worsening condition, no substantial treatment was provided. A subsequent transfer to another hospital revealed a grave error: the surgeon had mistakenly cut and clipped the patient’s common bile duct and caused damage to the hepatic artery, significantly reducing blood flow to a portion of the liver. The damage was irreversible, necessitating a liver transplant to save the patient’s life.

Our firm’s investigation uncovered that the surgeon had suspected a bile duct injury during the procedure but failed to document or act on these suspicions. Additionally, a potential referral for a necessary diagnostic test was never made, a particularly concerning oversight given the original hospital’s lack of capability to perform such tests. Our firm pursued a medical malpractice claim on grounds of surgical negligence and failure to diagnose, successfully securing a substantial seven-figure settlement for the patient.

Type of Medical Malpractice: Surgical Negligence and Failure to Diagnose 

Standard of Care Issues: 

• Proper documentation of suspected surgical complications 
• Timely diagnosis and management of post-surgical complications 
• Immediate referrals for essential diagnostic tests and specialized assessments 

A patient underwent a routine surgical procedure to correct a bunion on her foot. During a follow-up office visit, she discovered an unexpected suture on the bottom of her foot, where she also experienced a painful lump. Although the surgery had been performed on the top of her foot, the surgeon casually mentioned an inadvertent deep incision. However, this complication was not officially documented in the patient’s medical records until six months later, despite her ongoing pain and numbness.

Nearly two years after the initial procedure—and following multiple specialist consultations and an additional surgery—a nerve surgeon at a different hospital diagnosed a severed medial plantar nerve caused by the original surgery. This injury required a graft using a cadaver nerve. While the patient experienced some improvement post-repair, she will not fully recover from her symptoms.

Our investigation revealed that a resident surgeon had been involved in the procedure, and both the primary and resident surgeons were manipulating the instrument at the time of the nerve injury. Our firm pursued a lawsuit against the primary surgeon and the hospital for surgical negligence. This resulted in a substantial settlement for the patient, addressing her long-term complications and ensuring accountability for the surgical errors.

Type of Medical Malpractice: Surgical Negligence 

Standard of Care Issues: 

• Accurate and timely documentation of surgical complications 
• Proper surgical supervision and adherence to technique
• Immediate and transparent communication regarding surgical errors