Washington Injury Attorney Blog

An Illinois doctor has been found not guilty of medical malpractice by a jury who deliberated for two hours in the case of a patient who died of a heart attack nearly a week after seeing her physician.

The estate of Barbara Jean Pratt filed a wrongful death lawsuit claiming that Dr. Malench failed to diagnose a heart condition. In the lawsuit, the administrator for Pratt's estate claimed that Pratt saw Malench with complaints about pain in her chest, left arm and left side of her neck.

Pratt died of a heart attack six days after she saw Malench, who was her primary physician.

A reviewing physician stated that Malench failed to manage Pratt's symptoms and that he knew she had risk for coronary disease and that Malench incorrectly diagnosed her presenting symptoms as cervical radiculitis, a spinal disorder caused by a spinal disc pressing against nerves to the spinal cord.

Malench claimed that the patient only complained of pain in her chest when she breathed in deeply and that the she had not mentioned the other symptoms.

The jury, however, sided with Dr. Malench. In determining whether a physician is guilty of medical malpractice, a jury need to find the physician negligent and his conduct fell below the "standard of care". In Washington state, the test for "standard of care" is, "Did the health care provider fail to exercise the degree of care, skill and learning expected of a reasonably prudent health care provider with similar credentials and circumstances would have provided?"

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by medical malpractice and the family of those who have died with their wrongful death claims.

Source:
Jury sides with doctor in med mal suit
October 21, 2011 7:01 PM
By SANFORD J. SCHMIDT
The Telegraph.com

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A suspected drunken driver who drove east in the westbound lanes of Interstate 90 at Liberty Lake and struck another vehicle, injuring three people in the car he hit and injuring himself, has been charged with Vehicular Assault. The car accident occurred near the Washington/Idaho boarder.

Edward McElmurry, 28, was arrested on charges of Vehicular Assault. In Washington State, vehicle code RCW 46.61.522 "Vehicular Assault", can be charged if someone is seriously injured in a car accident and the driver was under the influence of alcohol or drugs.

In addition to criminal charges, the victims have a right to seek compensation for their medical costs, lost wages and other damages and are advised to seek a personal injury attorney.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent the victims of drunken drivers and their families.

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Kadlec Medical Center in Richland, Washington hired Dr. Robert Lee Berry as an anesthesiologist based upon a glowing recommendation from his former colleague, William J. Preau III, MD. Preau wrote in his letter of recommendation:

"He is an excellent anesthesiologist. He is capable in all fields of anesthesia including OB, peds, C.V. and all regional blocks. I recommend him highly."

Dr. Preau's recommendation of Berry helped him land the job at Kadlec, but unfortunately, it did not reveal the truth about Berry, that he was fired from Louisiana Anesthesia Associates because his colleagues felt that he had a drug problem and was known to divert patient's Demerol, an opiod pain killer, for himself.

While at Kadlec, Dr. Berry committed an egregious medical error while anesthetizing Kimberly Jones, 31, and a mother of three, while he was "under the influence." His medical error left Jones in a permanent vegetative state.

Jones' family sued Dr. Berry and Kadlec and they won a medical malpractice award of $1M against Berry and $7.5M against Kadlec.

It was then that Kadlec decided to file lawsuit against Dr. Preau and Lakeview Regional Medical Center in Covington, LA to recoup the medical malpractice judgement against them. In their lawsuit, Kadlec claimed that Dr. Preau and Lakeview misled them and were intentional and negligent for failing to disclose Berry's substance abuse problem. The lawsuit claimed that Lakeview and Preau had a duty to provide crucial information to the prospective employer.

The lower court provided a judgment against Dr. Berry and Lakeview but the judgment against Lakeview was reversed on appeal because the person who provided Lakeview's evaluation of Berry's performance claimed that she did not know the reason for Dr. Berry's termination. The court did, however, uphold the claim against Dr. Preau and ordered him to pay $8.2M to Kadlec.

Dr. Preau probably never imagined he could be on the hook for writing a letter of recommendation.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to medical negligence and the family of those who have died.

Continue reading " Anesthesiologist ordered to pay $8.2M following Washington docs medical malpractice " »

A one-year-old boy suffered a serious head injury when a TV fell off of a motel room dresser and fell on top of him.

According to a report on Fox news, the boy was playing with his brothers in their room when they bumped a dresser that the TV was on and it toppled on him. The boy is in critical condition at Primary Children's Medical Center in Salt Lake.

TV tip-over accidents are more common than one might think. The Consuper Product Safety Commission estimates that at least 180 people were killed between 2000 and 2006 when furniture or TV toppled over them. In 2006 alone, there were 16,300 injuries to children under the age of six in tip-over accidents. In 2008, the CPSC published Instability and Tipover of Appliances, Furniture and Televisions: Estimated injuries and Reported Fatalities. The CPSC children often suffer catastrophic brain injuries or are suffocated in these accidents.

The CPSC recommends that TVs and furniture be secured to the wall to avoid tipover accidents as these accidents typically occur when children climb onto furniture or appliances or when a TV is perched on a piece of furniture that was not designed for it.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in slip, trip and fall accidents and the family of those who have been killed.

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The families of two bus passengers who were killed and the 15 passengers who were injured when a charter bus driver fell asleep on a casino excursion recently settled a lawsuit against the bus driver and the charter bus company for $3.25 million.

The bus accident occurred in November 2009 when the charter bus rolled into a ditch on Interstate 90 as it was returning to Minnesota from an Iowa casino.

Two passengers, ages 52 and 56, were killed in the accident.

15 passengers suffered injuries including fractures to the back, bruises as well as emotional distress.

The families of the two deceased passengers and the other victims filed a negligence lawsuit against Bold Lines, Inc., which was a small tour bus operator that owned four buses and had six drivers. In the lawsuit, the victims and their families claimed that the bus driver had sleep apnea and fell asleep at the wheel. The lawsuit also claimed that the bus driver lied to doctors and Department of Transportation examiners about his medical history.

The defense claimed that the bus driver suffered and unavoidable medical emergency and they asked for summary judgment, a ruling by the court without a full trial.

The court denied the summary judgment and all the parties in the case settled for $3.25 in mediation.

Tour bus companies are liable for personal injuries sustained by passengers if a bus driver was negligent, was not properly trained, or driving while impaired. Bus companies are also liable if the bus had a malfunction due to improper care and maintenance.

Since bus companies are licensed under state and federal laws, they are required to uphold a high level of safety.

Washington state bus accident compensation

In Washington state, if passengers are injured in a bus accident and the carrier, whether it be a charter bus company or a metro bus, may be totally liable to injuries suffered by passengers in the accident. Compensation can include but may not be limited hospital and other medical expenses, pain and suffering, lost wages, disability and emotional distress.

If you or a loved one was injured in a bus accident, seek the expertise of an experienced Washington bus accident and wrongful death attorney. The Farber Law Group has more than 30 years experience representing accidents victims and their families.

Citation: Hill v. Bold Lines, Inc., No. 24-CV-10-135 (Minn., Freeborn Co. Dist. Sept. 14, 2011).

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The largest joint database in the wold which tracks more than a million patients with hip, knee and ankle joint surgeries finds that 25% of the patients with DePuy ASR hip implants had their implant fail within six years of implantation.

The National Joint Registry of England and Wales found that the actual rate of hip implant failure was 29% after six years in patients with the DePuy ASR XL Acetabular and Hip resurfacing hip implants. This number can be compared with patients with traditional style hip implants which only have a 9.9% failure rate.

The registry in England and Wales provides definitive research on the outcomes of joint replacement surgery. The U.S. has no such joint registry and therefore lagged behind the UK in discontinuing the metal-on-metal hip implant surgeries.

Johnson & Johnson's DePuy subsidiary recalled the metal-on-metal hip implants in August 2010 after reports of high failure rates started being logged. The recall affected tens of thousands of patients with many having serious symptoms including severe pain, fractures and metal poisoning caused by the rubbing of the metal-on-metal components in the hip.

This information is provided by The Farber Law Group who provides legal services to patients who had the defective hip implanted.

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A 3-car accident during the morning commute hour injured 2 people from Bothell on Thursday morning around 6:40am.

According to the Everett Herald, a Honda driven by a 46-year-old Bothell man was sideswiped as the man was driving eastbound on Highway 524. The Honda then crossed the centerline and struck a Chevrolet Express van driven by another man from Bothell head-on.

The driver of the Honda was taken to Providence Regional Medical Center for treatment of undisclosed injuries. The driver of the car that initially hit the Honda, a Bothell woman, was taken to Swedish Edmonds hospital for treatment of minor injuries.

Because of the laws of Physics, head-on car collisions can result in the most serious injuries. Luckily in this case, the driver of the van was not injured.

The cause of the accident remains under investigation by The Washington State Patrol. However, if news accounts of the incident are accurate, the driver of the vehicle that sideswiped the Honda is likely to be partially to fully responsible for causing this accident, and the subsequent injuries that resulted. In situations like this one, the driver may be financially liable for the victims' injuries, including medical expenses, lost earnings, pain and suffering, and other related damages. While the cause of the accident is still under investigation, it would be advisable for the injured victims to speak to an experienced and personal injury attorney about the crash.

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The Tri-City Herald reports that Kevin Bruce Hensley, 51, of Arizona was killed in a trucking accident on Highway 125 near Walla Walla around 7:30pm last night.

According to the report, Hensley crossed the center line, overprotected and went off the highway and rolled his truck. He was not wearing a seat-belt at the time of the accident.

The Washington State Patrol says that excessive speed contributed to the accident.

This trucking accident occurred just a day after two people in a passenger vehicle were killed on Interstate 90 near Snoqualmie Summit in a collision involving several semi-trucks. In this accident, the Washington State Patrol believe that driver inattention on the part of the semi-truck driver was a factor.

It's ironic that both of the fatal accidents involving semi-truck drivers occurred during a week in which the WSP joined the National Commercial Vehicle Safety Emphasis which targets both truckers and drivers of automobiles to increase safety trucking safety.

In emphasizing commercial vehicle safety, WSP troopers ride along in commercial vehicles and target cars and trucks that drive aggressively around semi-trucks. They also inspect commercial vehicles and contact the drivers to ensure safety practices.

What a tragedy to have three trucking-related fatalities in our state on the same day.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in trucking and car accidents and the family of those killed.

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A deadly Listeria outbreak has killed at least 23 and caused more than 166 people to become ill. The Listeria outbreak is linked to Rocky Ford cantaloupe from Jensen farms in Colorado. People in 20 states have reported illness, however, there have been none reported at this writing in Washington state.

Listeria is a foodborne illness and symptoms of the infection may take a while to develop but they can include severe fatigue, muscle aches and disorientation. Most of the people who have become ill from this outbreak have been hospitalized.

One form of Listeriosis, a disease caused by the Listeria bacteria, has a mortality rate of 25%. Two complications of Listerioris is sepsis, a systemic inflammator response and infection, and meningitis.

The Food and Drug Administration (FDA) is in the process of investigating how the cantaloupes caused so many to become ill.

In this Listeria infection outbreak, most of the patients were elderly and had frail health. Listeria is an opportunistic infection and like E-coli and Salmonella, it can threaten the life of the elderly, pregnant women, the very young and people with compromised immune systems.

President Obama recently signed a food-safety law which will increase inspections of fields and processing plants before illness strikes and people die. Currently, the FDA only sporadically inspects farms and usually only after foodborne illness strikes.

People who become ill from foodborne illness and the family of those who have died are advised to seek the counsel of an experienced foodborne illness attorney. With expert legal representation, victims can often obtain compensation for their medical costs and for their pain and suffering.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have successfully represented clients who have become ill due to foodborne illness. In one case, we obtained a $1.5 million judgment for a victim of E-coli illness in Washington state.

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A nurse who was injured when she lost control of her car when she checked her personal cell phone while driving has had her worker's compensation claim upheld by the Virginia Court of Appeals.

Donna Turner, an on-call hospice nurse, claimed that she was programmed to check her pager when contacted by her employer. If the pager did not work, her employer's protocol was for her to check her personal cell phone as the backup to her beeper.

According to a report written by David Sherfinski in The Washington Times, Turner was driving on a mountainous road when she her cell phone distracted her which caused her to lose control.

The court confirmed that Turpin's cell phone, at the time, was reserved for communication with her employer, Wythe County Community Hospital, and therefore her injury accident arose "out of and in the course of " her employment.

The court's ruling affirms that Turpin is eligible for worker's compensation.

Virginia does not have the same restrictions to using a hand held cell phone as Washington state has. There is no ban to using a hand-held cell phone while driving in Virginia while there is one in Washington. However, Virginia does prohibit texting while driving. Had this case occurred in Washington, the result may have been different.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have died.

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A National Highway Traffic Safety Administration (NHTSA) report on the benefits of Electronic Stability Control (ESC) in motor vehicles finds that it has saved saves lives by reducing rollover motor vehicle accidents. The Insurance Institute for Highway Safety president, Adrian Lund says:

"ESC is the most effective safety technology introduced in vehicles since safety belts."

The NHTSA initially published a study in 2007 about the benefits of ESC but has now updated that study with these remarkable results:

• ESC in passenger vehicles reduces fatalities in motor vehicle accidents by 23%
  
• ESC in SUVs, pickups and vans reduces fatalities in motor vehicle accidents by 20%
  
• In single-vehicle rollover accidents, fatalities are reduced 56% in cars and 74% in other vehicles.

ESC is a technology which allows drivers to avoid accidents with the use of computerized technology which detects and minimizes skids. The technology can sense when a driver has lost some steering control and it automatically applies brakes individually to the wheels. NHTSA data finds that up to one-third of fatal car accidents can be prevented with this technology.

Like many new car features, ESC was first introduced into the luxury car market. It is predicted that ESC will some day become a standard feature in all new motor vehicles.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in car, truck and SUV accidents and the family of those killed.

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