During this pandemic of huge proportions, effective charting is a sure way to help reduce providers’ malpractice liability risk. According to the physician orders, the nursing staff was to check Murray’s neurological and vital signs every four hours. 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. 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. Medical documentation: In a medical negligence case, the patient’s medical chart is of utmost importance. Medical malpractice is not limited to surgery, and the case of Paul Lozano illustrates this better than any other example. Price-Gordon testified that if she had found Murray non-responsive that she would have immediately called for emergency assistance. spinal cord compression in the nerve roots. Every conversation the physician has between themselves and the patient regarding, care, treatment, preventatives and testing should be documented in the chart. In medical malpractice lawsuits, documentation is key in proving both the plaintiff’s and defendant’s cases. The plaintiff won a medical malpractice trial against the defendant doctors in New York County. Whenever doctors falsify medical records and the act of falsification is established, the victim may utilize it as evidence in a medical malpractice case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. $7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit. As a result, his wife died on the operating table. We understand this because we have helped clients get their lives back after being victimized by 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. 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 CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. : 05-C-08-6591. Rule of thumb? Required fields are marked *. Your email address will not be published. 5. The contact form sends information by non-encrypted email, which is not secure. 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. $7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart. 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. The next note was at 10:30 a.m., in which Price-Gordon noted that Murray was sitting up in a chair. Ordinarily this ranges from 331/3 to 50% of the recovery after costs are deducted "off the top." 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. Both plaintiff and defense attorneys request a copy of the patient’s chart for medical chart review(s). Medical Malpractice. The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case. The 2018 lawsuit Schaetzel vs Mercy Health Services-Iowa illustrates how documentation and professional conduct can be key factors in litigation. 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. Medical Malpractice: Doctor Defendant's Request for Production of Documents. 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. Punitive damages, damages that are specifically for the punishment of a professional health care … Makary MA, Daniel M, Medical Error—the Third Leading Cause of Death in the U.S., BMJ, 2016;353:i2139. Your email address will not be published. However, Price-Gordon denied that this interchange ever occurred. 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. As it was, Murray did not suffer any brain damage; her injuries were limited to the spinal cord. Medscape Business of Medicine, Sept 25, 2013. 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. 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. 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. Price-Gordon’s shift ended at 3:30 p.m. and a new nurse took over the responsibility for Murray. 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 … 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. Even winning a case is no guarantee the plaintiff will see any real cash forthcoming. Murray’s family members testified that they noted Murray becoming very lethargic over the course of the afternoon and was non-responsive. 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. The malpractice suit was brought by Stanley Schwartz, an extremely well-known and successful plaintiff’s attorney in Michigan. Request for Production of Documents CASE NO. According to all reports, the surgery was a success, but Murray remained in the hospital for further monitoring and care as a precautionary measure. 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. In other words, you are writing for everyone in your audience. The plaintiff won the case, receiving an … The first step is to call so that you can discuss your case with a lawyer who truly understands medical malpractice … 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. 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. Medical malpractice can take an unbelievable toll on you and your family. 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. Often improper charting leads to adverse consequences for the defense in medical malpractice litigation. You must have your medical records reviewed to determine if your case has merit. 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. Jena AB,, Outcomes of Medical Malpractice Litigation Against US Physicians. Special care should be undertaken by Plaintiff’s attorneys in determining the statute of limitations in their medical malpractice cases. 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. 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. during which a portion of her small intestine was perforated.. She sued the doctor for medical malpractice and, … AMY SMITH - Plaintiff. 2. Below are examples of why medical malpractice litigation is necessary and ultimately the most effective insurance against insufficient or negligent medical care. The defendants had presumably anticipated this outcome as they had made no offer to settle either prior to or during the trial. 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. Roughly two months after the double bypass operation that … There are many challenges inherent in a medical malpractice case, but some of the highest hurdles include: However, after deliberating for only one hour, the jury instead returned a verdict in favor of Nurse Price-Gordon. 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). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. Box 3, Woolwich, Maine 04579     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. 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. Falsified records on issues relevant to a case are normally beneficial to the case of a patient. At the close of the Illinois medical malpractice trial, the plaintiff asked the jury to return a $9.3 million verdict. Domestically, the first medical malpractice case occurred in 1794. Another Justice Department study, using data collected However, when they relayed this information to Price-Gordon, they testified that she stated that Murray had received too much morphine. 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. Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports – Salinas v. Advocate Brief Summary. Subscribe to Blog Feed and receive new blog posts in your inbox: © Kathleen A. Mary, P.O. 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. 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. Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection – Monahan v. Dr. Joseph Giordano 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. 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. 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. At 4:30 p.m., the chart shows that the new nurse found Murray in her chair, unresponsive and with profoundly low blood pressure. 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. In this case, an inmate suffered from esophagitis. 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. Plaintiff Darla Keck underwent a sleep apnea procedure performed by defendants Dr. Chad Collins and Dr. Patrick Collins. 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. 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. 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. 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