Washington Injury Attorney Blog

The Seattle Times reports that a drug-addicted nurse from Fall City, Washington pleaded guilty to product tampering in U.S. District Court in Seattle today. She faces a 10 year prison sentence and a fine of up to $250,000.
Drea Lynne Gibson, a 43-year-old registered nurse, worked at the Plastic Surgery Center in Bellevue for five years. Gibson apparently tampered with ampules of Demerol and fentanyl to acquire the drug to feed her drug addiction. She replaced the drugs with saline solution which was then given to patients who had undergone surgery and required pain treatment.

According to the report, Gibson was fired from the clinic in November 17th. Empty Demerol ampules and Super Glue, which she used to seal the saline into the ampules to replace the narcotic drugs, was discovered in the recovery room.

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On May 31st, 2009 a new Colorado state law goes into effect, the Michael Skolnik Medical Transparency Act, reports The Gazette in Colorado Springs. This new law requires that physicians complete a physician profile which includes any malpractice actions, certain business dealings, disciplinary actions and crimes on a searchable database provided to medical consumers and patients by the Colorado Department of Regulatory Agencies.

The law was spearheaded by Patty Skolnik whose 22-year-old son suffered brain damage and paralysis after a botched and unnecessary brain surgery. He died 32 months after the surgery. Skolnik made this bill her crusade after she realized that the physician who operated on her son had bounced from state-to-state because of a pattern of medical malpractice. Had she known about his track record, she would have chosen a different physician for her son.
The Colorado Medical Society supports this new law and helped craft the final version of it.

Some physicians are concerned about profiles which list medical malpractice suits. They say that sometimes they settle suits as a business decision instead of going through a lengthy malpractice trial.

Skolnik's goal with this law is to "empower consumers," not to punish doctors.

Colorado joins 21 states and Washington D.C. to have a transparency laws.

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 families of those killed. Medical malpractice can take many forms including failure to diagnose, pharmaceutical errors, a botched surgery or a birth injury. With our help, you may recover compensation for your injuries.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you.

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Overlake Hospital Medical Center in Bellevue has been recognized in the top 5% of all hospitals in the United States by HealthGrades with the 2009 HealthGrades® Patient Safety Excellence Award. The award recognizes Overlake as a hospital that "save lives, save money and prevent errors at a higher rate than other U.S. hospitals."

Overlake was one of 242 hospitals -- in the top 5% -- recognized for patient safety.

HealthGrades, a leading healthcare ratings organization, analyzed more than 40 million hospitalization records over three years in the study of hospital quality.

Patients who are treated at America's top hospitals are 43% less likely to experience a "patient safety event," in other words, a medical error or mistake.

Healthgrades identified Patient Safety Indicators (PSIs) which provide information on medical problems and in-hospital complications that occur after surgeries, childbirth or other medical procedures. PSIs give hospitals information on areas in which they may need to improve to provide better patient care.

Patient Safety Indicators can include:

• Complications of anesthesia
• Death in low mortality DRGs (this is when a patient dies when they are being treated for relatively simple problems or illness)
• Decubitus ulcer (bed sores)
• Failure to rescue
• Foreign body left in during procedure
• Iatrogenic pneumothorax (lung puncture)
• Infections due to medical care
• Postoperative hip fracture
• Postoperative hemorrhage or hematoma (bleeding after surgery
• Postoperative physiologic and metabolic derangements 
• Postoperative respiratory failure
• Postoperative pulmonary embolism or deep vein thrombosis
• Postoperative sepsis (infection that gets into the blood stream and overwhelms the body)
• Postoperative wound dehiscence in abdominopelvic surgical patients (a surgical wound opens)
• Accidental puncture and laceration
• Transfusion reaction
• Birth trauma
• Obstetric trauma

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. A personal injury law firm located in Bellevue, we represent people who have been seriously injured by medical malpractice and the families of those who have died.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com for a free case evaluation. We have offices in Seattle and Bellevue to assist you.

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The Seattle Times reports that Washington legislators have passed a bill requiring that MRSA-infection screenings be performed at all Washington hospitals to protect patients from the potentially dangerous and fatal methicillin-resistant Staphylococcus aureus bacteria.

The bill has passed the Washington Senate and now awaits Governor Gregoire's signature. If the Governor signs it, Washington will be one of five states which mandates MRSA testing. States which have already passed a similar bill are California, Illinois, New Jersey and Pennsylvania.

The bill -- ESHB 1123 -- passed the House by a 97-0 vote and was also approved by a unanimous vote of the Senate. It requires that hospitals have a MRSA screening policy in place by January 1, 2010. Hospitals will have to notify infected patients and educate them on treatment and disease prevention.

Centers for Disease Control and Prevention estimates that 18,000 die every year because of the infection.

The Seattle Times had an award winning series on the MRSA epidemic in Washington hospitals. Their article was the impetus for this bill to be introduced into law.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered serious illness and the families of those who have died due to medical and hospital malpractice including hospital-acquired infections.

Contact The Farber Law Group for a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

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A Virginia jury has awarded the husband of a registered nurse who died of breast cancer at the age of 57 a $7.5 million medical malpractice award because the woman's physician failed to diagnose and treat the woman after she presented with a lump in her breast.

The wrongful death award went to the husband of Eleanor Browder who died last April according to the Fredericksburg.com. In making a judgment against Browder's family practitioner, Dr. Donna J. Gamache, the jury found the physician and a nurse practitioner negligent in coordinating their efforts and not ordering tests to determine if the breast lump was cancerous.

Browder's lump grew from the size of a peach pit to the size of a lemon before it was diagnosed as cancerous and Browder had a double mastectomy. Browder had radiation and chemotherapy but eventually succumbed to the disease after a period of remission.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm with offices in Seattle and Bellevue. We have more than 30 years experience in represent medical malpractice victims and their families. In Washington State, the families of a person who had died due to someones negligence can file a wrongful death suit on behalf of their deceased loved one.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com.

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A Fulton County Georgia State court has awarded a $2.3 million dollar medical malpractice award to a young boy and his mother after the boy was severely injured during a routine circumcision. The boy was awarded $1.8 million in damages and the mother was given $500,000. Because of the botched surgery, the unnamed baby lost 30-40% of the head of his penis.

In the suit, the family claimed that the obstetrician, Dr. Haiba Sonyika severely damaged the boy's penis during a circumcision procedure. To compound the injury, the infant's pediatrician, Dr. Cheryl J. Kendall was called because the baby had excessive bleeding but failed to examine the baby who may have been a candidate for a re-attachment surgery if treated promptly. Instead, the penis tip was placed in a bio hazard bag according to the Atlanta Journal Constitution.

Dr. Sonyika, Dr. Kendall and South Fulton Medical Center were all found liable for negligence.

The injury award will provide the family with enough money for medical treatment and counseling for the boy and his family. There were no punitive damages.

The lawyer for the family pointed out that most parents do not understand and are not informed of the risks of the circumcision procedure.

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, pharmacy and hospital malpractice. With the help of The Farber Law Group, a law firm with more than 30 years experience in the Pacific Northwest, we may recover compensation for your damages.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you.

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A Blackstone, Massachusetts woman was awarded $6.4 million in a medical malpractice suit stemming from a stroke she had due to her physician failing to diagnose pre-eclampsia during her pregnancy. This is the largest settlement of its kind in Worcester County.

In her lawsuit, Kimberly Monson claimed that Dr. Elizabeth Konig and Dedham Medical Associates were guilty of medical malpractice for failing to diagnose and treat her pre-eclampsia. Pre-eclampsia is a condition of pregnancy that develops in some women between the 20th week of gestation and delivery. Symptoms include high blood pressure (hypertension) and significant amounts of protein in the urine. Pre-eclampsia is a potentially fatal condition.

Monson was able to deliver her baby safely but her stroke left her with permanent brain damage and she is so disabled that she is unable to care for her young children. She has permanent vision damage, short-term memory loss, dizziness, poor balance and weakness in her extremities.

In a report by The Milford Daily News, a letter by Dr. Ronald J. Foote claiming that Monson's doctor, ""deviated from the accepted standard of medical care and ... failed to provide proper treatment" was included in court documents. Dr. Foote maintained that if Monson received a timely diagnosis and proper treatment she would not have suffered such severe and permanent brain damage.

The final award, with interest to Monson, is $10 million which should help provide for her future medical care and compensates her for pain and suffering.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious injuries due to medical malpractice including obstetrics and birth injury malpractice which resulted in injury to either mother or baby.

Contact The Farber Law Group, a Washington medical malpractice law firm with offices in Seattle and Bellevue. Use our contact form or e-mail attorney@hgfarber.com.

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A Seattle TV Station, KIROTV.com, reports that 3,260 patients at a Veterans Affairs hospital in Miami, Florida have received notices after they had a colonoscopy recommending that they should be tested for HIV, hepatitis and other diseases. The letters were sent out after it was discovered that endoscopic equipment was not properly sterilized when the hospital performed a review of their procedures.

The letter said that there is only a small chance that patients weere infected because it was only rubber tubing that did not touch patients that had not been sterilized. However, there is a small chance that there could have been a back flow from a previous patient said Dr. John Vara, the VA chief of staff.

Letters went out to all patients who had endoscopic procedures between May 2004 and March 12, 2009. Patients should cal 1-877-575-7256 for more information.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm that represents people for medical malpractice, hospital malpractice and pharmacy malpractice. If you have severe injury or illness due to the negligence of a health care practitioner, contact The Farber Law Group. We have offices in Seattle and Bellevue to assist you.

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A Bellevue doctor, Dr. Ken Jones, is being investigated by the Washington State Department of Health for prescribing human growth hormone to patients who do not have evidence of pituitary or hypothalmic diseases reports Seattle's King5.com.

Jones maintains that his prescription regimen helps his patients feel and look young, along with diet and exercise. He claims he has done nothing wrong and that the growth hormone is not dangerous. Jones' attorney says he will fight the charges against him.

The Health Department maintains that Jones' prescribing practices are illegal. They are looking at his records to find out who he is prescribing to and what he is prescribing.

A hearing on the charges against Dr. Jones will be held in the fall.

This information is brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm that represents people who have serious injuries due to medical malpractice, hospital errors and pharmacy errors.

Contact The Farber Law Group today for a free and confidential case evaluation.

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A Dallas jury has awarded a man who lost his arms and legs due to a virulent staph infection he contracted while in a hospital for treatment of an ulcer a $17.7 million medical malpractice award. Doctors treated David Fritzgerald, age 53, with various antibiotics misdiagnosed the MRSA infection, a methicillin-resistant Staphylococcus aureus. A MRSA infection should be treated quickly and with the right medications or the patient can become septic. In Fritzgerald's case, he had to have his limbs amputated to save his life.

According to the Star Telegram, David Fritzgerald, was awarded $6.72 million in economic or compensatory damages. Economic damages are awarded to a plaintiff to compensate for the loss or injury for the harm suffered by another person's negligence. They cover loss of wages, medical care and future medical care.

Fritzgerald was also awarded $11 million for pain and suffering. Pain and suffering or general damages compensate the victim for the non-monetary aspects of his/her loss. These types of damages cover things the physical pain suffered, disfigurement, or loss of enjoyment of life. The State of Texas where Fritzgerald resides and where the case was tried has a cap on "non-economic" damages so the award was reduced from $11 million to $250 thousand. Fritzgerald's attorney called Texas' caps a "tragic unfairness."

The hospital and several doctors settled with Fritzgerald for misdiagnosis and negligent treatment prior to the trial but the civil suit against infectious-disease specialist Meenakshi Prabhakar proceeded and the jury found Prabhakar negligent.

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 malpractice and the wrongful death suits brought by the families whose loved ones have died. In Washington State, we have a wrongful death statute which allows the family of the deceased to recover damages in a civil suit brought against the person whose negligence caused a loved ones death.

Contact The Farber Law Group at 1-800-244-9087 or email attorney@hgfarber.com for a free and confidential case evaluation. We are conveniently located in Seattle and Bellevue but if you cannot come to us, we will come to you.

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The Washington State Department of Health (DOH) reports that they, along with the Chiropractic Quality Assurance Commission, have suspended the license of Nicolas Constantin (license CH00034646). Constantin is not allowed to practice as a chiropractor in Washington until a hearing. Constantin has his practice in Blaine which is in Whatcom County.

Documents filed by a health care investigator says that Constantin admits to having used black tar heroin. The DOH says

"[Constantin]poses a risk of immediate danger, as there is no way to protect patients from the likelihood that harm might be committed by an impaired practitioner."

The reasons for the license suspension also include a charge of driving under the influence (DUI), a conviction of fourth-degree assault for hitting his wife, and a conviction for violating a no-contact order. A "no contact" order specifies that a person is not able to call, write or otherwise contact a third party. Constantin was convicted of violating a no-contact order with his wife.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury attorney firm who represents people with serious personal injuries due to medical malpractice, car accidents, work accidents and slip, trip and fall accidents arising from the negligence of another.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue.

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The Seattle Post Intelligencer reports that the Oregon State Judiciary Committee has approved Senate Bill 311 which allows juries to award victims who sue the State or local government for damages caused by government negligence to a larger award.

Senate Bill 311 was brought about after a 2007 Oregon Supreme Court ruling found that a $200,000 damage award for medical malpractice was insufficient to care for a boy who suffered a traumatic brain injury at Oregon Health and Science University.

Senate Bill 311 proposes that damage caps will increase $100,000 a year to a maximum of $1.5 million. In addition, awards will no longer distinguish between economic and non economic damages (commonly known as pain and suffering).

The article says that cities, counties, school boards and special districts are not affected by Senate Bill 311.

This information is brought to you by Washington Injury Attorney blog, a service of The Farber law Group. We represent people who have suffered serious injuries due to another person's negligence. We also represent families in wrongful death suits when a family member has been killed due to negligence. With offices in Seattle and Bellevue, we have more than 30 years experience representing victims with serious injuries.

Contact The Farber Law Group today for a free and confidential case evaluation. You can phone us at 1-800-244-9087, fill out our contact form or e-mailattorney@hgfarber.com

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The Washington State Department of Health has suspended a Burien dentist's license for failing to property test sterilization equipment used to disinfect dental instruments. According to a press release, the Department of Health says that the dentist, Parivash Khajavi, put staff and patients at risk.

The license suspension prohibits Khajavi from practicing dentistry until a hearing is made in the case. Khajavi has 20 days to respond to the charges.

Khajavi operated Burien Family Dentistry. The charges say that Khajavi failed to conduct biological spore testing on the sterilizing equipment throughout 2008.

Medical malpractice refers involves a medical professional whose negligent behavior results in failing to meet the standards of his or her profession. While dental malpractice does not make the news very often it does exists and dental malpractice can take several forms, for example:

• Failure to diagnose -- for example failure to detect an oral cancer
  
• Failure to administer anesthesia properly resulting in patient death or brain damage
  
• Failure to perform a dental procedure correctly, for example the patient suffered permanent nerve damage
  
• Infection as a result of a dental procedure
  
• Tooth extraction mistake, for example removing the wrong tooth

Contact us at our Bellevue or Seattle office.

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Beacon News on-line reports that the family of Roberto Morales, Jr. has been awarded $6.5 million in a medical malpractice lawsuit. The settlement is a result of a brain injury that Roberto received during his delivery at Provena Mercy Medical Center. The lawsuit claimed that Roberto's cerebral palsy was as a result of reduced oxygen flow due to the administration of the drug Pitocin during labor and childbirth..

The Medical Malpractice Settlement was made in Cook County Circuit Court.

Negligence during child birth can result in very severe injuries. While medical malpractice awards can seem very large in these cases, they are necessary to support a family with enormous educational and medical expenses caused by a child's injury. In this case the child has cerebral palsy with very limited mobility.

This information is brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm with offices in Seattle and Bellevue, Washington. If your child was injured during birth due to the negligence of the hospital, physician or nursing staff, we will work to help you receive compensation so that your child can receive the treatment and care that he or she needs now and in the future.

Contact The Farber Law Group today for a thorough and confidential case evaluation.

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The Washington State Department of Health has suspended the license of Dr. Ceferino Fernandez, 62, a Seattle physician and surgeon who has practiced medicine in Washington State since 1984. According to the filing papers, Fernandez allegedly had non-consensual sex with a female patient who came to him for treatment of stomach pains. Fernandez has not been charged with a crime at this point and has 20 days to respond to his license suspension. Fernandez cannot practice or work as a physician in Washington pending a hearing.

Dr. Fernandez admits he had sex with the patient but he claims it was consensual. According to the report, the alleged victim came to the clinic on October 25th with stomach pains. She says the doctor fondled her breasts, engaged in oral sex and had sexual intercourse with her. She said that a similar incident happened several years ago but she was too embarrassed and blamed herself so she did not report it. This time, however, she went to Harborview Medical Center in Seattle and reported the physician. To view the charges, see the Department of Health web-site.

The alleged incident occurred at the Family Medical Clinic near Rainier Beach.

There are many forms of medical malpractice. In Washington State medical malpractice can be charged if a doctor's conduct falls below the "standard of care." This patient may or may not have suffered physical injuries, she may have been traumatized and may need counseling for psychological damage.

At The Farber Law Group, we represent people who have been taken advantage of by their physician or other people with power over them. We pursue a claim to recover compensation for any physical and emotional damage. Compensation may include money for medical treatment, counseling and for pain and suffering. Victims deserve to recover compensation to help them receive the psychological care they need to recover from the trauma of sexual abuse.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. For a free, compassionate and confidential case evaluation, contact us.

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Charlie Manning, 61, who lost his penis and testicle to a flesh eating bacteria while he was in prison has received a $300,000 medical malpractice settlement from the State of Washington. According to The Seattle Times, Manning, who was in prison in 2004 for threatening a neighbor and stealing the man's pistol in a "drunken argument", developed an infected hemorrhoid and when he went to the prison doctor, he was misdiagnosed with an allergic reaction to cold medicine so his treatment was delayed.

When Manning was finally taken to Grays Harbor Community Hospital in Aberdeen, he was found to have necrotizing fascitis, also called "flesh-eating bacteria". By the time he was air-lifted to Harborview Medical center in Seattle, the bacteria had infiltrated his entire pelvic region. He had to undergo extensive mutilating surgery which necessitated the removal of his penis and testicle. He later had his penis re-constructed with tissue from another area of his body.

In the suit, Manning claimed that that Dr. Muhammad A. Khursid, head physician at Stafford Creek, misdiagnosed his infection, allowing the infection to spread.

Manning's lawyer said he was disappointed at the settlement amount his client received in the settlement but he said he understands Manning's desire to move on with his life and avoid a lengthy legal battle.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We represent patients who have been the victims of medical malpractice . Misdiagnosis is a medical error in which a physician or laboratory provide an inaccurate or incomplete diagnosis and/or treatment of a disease, injury, infection or other illness. It is estimated that between 50 and 100 thousand unnecessary deaths are attributed to medical errors every year.

In a case of a patient like Manning, who was incarcerated at the time of his illness, he did not have the means of obtaining a second opinion from another independent practitioner.

If something similar has happened to you -- if you or a loved one has suffered severe injury because of a misdiagnosis or malpractice, you should contact a personal injury attorney who will fight to help you recover fair and just compensation for your injuries including pain and suffering.

Contact The Farber Law Group today for a free and confidential case evaluation.

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A Florida jury has awarded a Pensacola man a $7 million settlement after he became gravely ill with inflammatory bowel disease after taking the medication Accutane. Accutane, manufactured by Roche, is used to treat cases of severe acne.

Adam Mason, 31, developed Crohn's disease after he took Accutane for nine years. Mason claimed that Roche failed to adequately warn of Accutane's risks.

Roche is facing more than 400 lawsuits claiming that Accutane caused inflammatory bowel disease and that drug labels and warnings were not adequate.

Common side affects:

• Acne flare up
• Dryness of skin, lips and mucous membranes
• Cuticle infection
• Itch
• Skin peeling
• Dry eyes
• Raised liver enzymes

Infrequent side affects:

• Severe acne flare up
• Raised blood glucose
• Fatigue

Rare side affects:

• Impaired night vision
• Menstrual disturbances
• Optic neuritis
• Pancreatitis
• Corneal opacities
• Hypertension
• Psychosis
• Inflammatory bowel disease
• Birth defects if a woman becomes pregnant while taking the medication

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years experience representing people with severe personal injuries due to medical malpractice, unsafe products and accidental injury.

Contact The Farber Law Group today.

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The families of two men who received organs from a woman who had metastasized skin cancer are suing an organ donor group for medical malpractice. Anthony Taylor, 45, of South Bend, Indiana died in 2007 after a kidney and liver transplant and another man died after receiving a kidney from the same donor.

The families' suit claims that their loved ones died because organ procurement procedures were flawed and the donor was not properly screen to determine that her skin cancer had spread to both her kidneys and liver.

The Indiana organ procurement group says that their screening procedures meet both state and federal requirements.

One can only imagine how traumatic this has been to the families of the men who died; They must have been joyous at having received a life saving organ donation only to have it be the thing that kills them.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. Medical malpractice and wrongful death claims can sometimes be extremely complicated so one should hire an experienced personal injury attorney. At The Farber Law Group, we have more than 30 years experience in representing victims of medical malpractice and helping families recover compensation under wrongful death statutes.

Contact The Farber Law Group today for a free and confidential case evaluation.

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Milton W. Cheung, 55, of Lynnwood has entered a guilty to plea to two felonies, acquiring controlled substances by deception and misbranding drugs reports The Seattle Times.

Cheung was the pharmacy manager at Top Food and Drug pharmacy in Edmonds, Washington and we reported his arrest in September of this year. He is accused of credit card fraud, and selling expired and second hand medications.

It is not known whether anyone suffered health problems due to taking the expired medications. The main concern was for antibiotics and some biologicals.

If you or a loved one has become seriously ill or a loved one has died as a result of the negligence of a healthcare professional, you may need the services of an attorney who is experienced in medical malpractice cases. At The Farber Law Group, we help victims recover compensation for their injuries.

Contact us today for a free case consultation.

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A jury ruled in favor of the parents of a severely disabled Maple Valley Girl, Miriam Tavares, who was born at Evergreen Medical Center in Kirkland, Washington five years ago . In awarding the Tavares family $4.2 for the care of Miriam Tavares, the jury found Evergreen Hospital negligent and that the hospital's malpractice is the cause of Miriam's severe birth injuries. Miriam has cerebral palsy, is unable to walk, talk or eat, is disfigured, has low vision and suffered brain damage because of lack of oxygen during birth. Doctors also predict a shortened life expectancy.

Sharla Tavares, Miriam's mother, had a high risk pregnancy due to placental abruption. When she went into labor and arrived at Evergreen, the nurses on duty failed to inform the Obstetrician that they had a high risk patient. The doctor left the hospital for a break and that is when Miriam went into distress and her heart rate dropped. According to the suit, nurses waited 20 minutes before calling the doctor and asking her to return to the hospital and even then, they did not express to the doctor the severity of Tavares' condition.

When the physician did return, she was surprised to find that Tavares was not prepped and ready for an emergency c-section. There was no time for Tavares to be wheeled into the operating room so the doctor performed an emergency C-section in four minutes but Miriam was born without a heartbeat and limp.

Evergreen's defense was that the baby suffered the damage before she arrived at the hospital.

Miriam's parents, Sharla and Erik, issued a statement through their attorneys saying, "We are grateful that we are seeing accountability. Hopefully Miriam's medical needs will be met, and she will continue to progress and live a full life."

Information for this post came from The Seattle Post Intelligencer as reported by Vanessa Ho.

Of all types of malpractice cases, obstetrics and birth injury malpractice cases are often the most noteworthy because they often result in severe injuries that last a lifetime like in this case.

When a fetus lacks oxygen during the birth process, cerebral palsy is often the result. Failure to monitor the mother during labor and failure to intervene and promptly perform a c-section when the child is in distress is clearly negligence.

While no amount of financial compensation can ameliorate the pain and suffering of a child that has been severely injured because of negligence at birth, it can provide the financial resources for families who have enormous medical and educational expenses due to their child's disability.

The Farber Law Group is a law firm with more than 30 years experience in representing victims of medical malpractice.

If your child was injured due to a birth injury that resulted from medical malpractice, call today for a free case consultation.

See our Birth Injury Resources.

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Ronald Maurice Roberts, 51, has been charged with rape and sexual assault charges that allegedly occurred at Western State Hospital, a mental health facility, in Lakewood, Washington.

The Tacoma News Tribune reports that charges against Roberts, who posted $50,000 bail, involved two patients and a former co-worker. Charges against Roberts include "two counts of indecent liberties and one count each of voyeurism, second-degree rape and fourth-degree assault with sexual motivation" according to the report.

Roberts had been accused by two women previously but those charges did not result in any criminal charges or discipline at the Lakewood psychiatric facility. However, when a developmentally delayed teenage girl came forth with a complaint in July, the previous charges were looked into as well and the Pierce Country prosecutors filed charges on all three complaints.

One wonders why the first two complaints were not taken seriously enough to file charges. Was Western negligent in allowing Roberts to continue working with patients when the first allegations were made? Roberts was supposed to be under the supervision of nurses in caring for patients and his job title was described as "mental health technician."

Did Western State provide due diligence in protecting patients from Roberts? We hope that this case is thoroughly investigated and if procedural changes at Western need to be made, they should be implemented quickly.

In our Medical Malpractice and Nursing Home Abuse and Neglect personal injury practice, we have seen cases where caregivers abuse some of our most vulnerable citizens, the elderly and the mentally ill. Abuse can be sexual including inappropriate touching, fondling or rape or physical which could include hitting or kicking. We have also seen cases of undue influence where elderly patients or mentally incompetent ones have been coerced to sign documents, give away personal belonging or sign their pension or disability checks away.

If something like this has happened to your loved one, you should contact a personal injury attorney to insure their rights are protected. At The Farber Law Group, we have more than 30 years experience in representing victims of hospital and medical malpractice and nursing home abuse and neglect.

Contact The Farber Law Group for a free and confidential case evaluation.

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On July 4, 2007, a family celebration turned into tragedy when a cannon that was fired sent shrapnel flying and fatally injured an 8-year-old boy, Devan Vyborny, of Olympia.

Now, Devan's parents are suing Thurston County emergency responders saying that their Medic One personnel were slow to respond, negligent in their duties and lacked professional conduct reports KOMONews.com. In the suit, the parents claim that "witnesses observed that the Medic One personnel appeared overwhelmed." They also claim that the 911 operator canceled a helicopter airlift for the boy.

This blog reported an incident that was very similar to the accident that killed Vyborny this past 4th of July. In this year's accident, three people suffered serious injuries due to flying shrapnel.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people with serious personal injuries due to the negligence of others, including medical malpractice

Contact us for a free and confidential evaluation of your case..

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Medical mistakes in treating children may cause more serious problem then in adults says a health report in the New York Times. Because children have immature immune systems and lower body weights they be react more severely to medication errors and infection.

The Times article cites a study in Pediatrics journal which reports that medication problems in children occur to 11% of the children admitted to a hospital. Children are also victims of diagnostic errors which can result in "serious complications or death." Children are often are unable to communicate their symptoms or medical professionals may misjudge a patient for having a tantrum or nerves when the child is displaying acute symptoms of discomfort. One malpractice study found that in the Emergency Room, physicians were most likely to miss symptoms of meningitis, appendicitis and broken arms.

Prescription errors can occur in the hospital and at home. In adults, many medications come in a pre-packaged standardized dose. In children, the medication more often have to be formulated and measured and this is where pharmacists can make mistakes.

Experts tell parents with a child in the hospital to be vigiland and:

• Make sure your child always has their ID bracelet on
• Make sure all health care providers wash their hands
• Make sure all members of the surgical team knows exactly what the procedure is
• Review your child's condition with their physician and nurses daily
• Keep an eye on IVs, catheters and incision, looking for any sign of infection or misplacement
• Ask questions about diagnosis and treatment
• Keep your own records including medications and allergies
• Double check orders and double check the medications and dosages your child is given

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We are medical malpractice specialists for Washington State and the greater Seattle area. If you believe your child was harmed because of a medical malpractice be it in the hospital or outpatient, consult with us for a free case review.

Contact The Farber Law Group today.

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The TOP Food and Drug pharmacy in Edmonds was forced to recall all prescription medications dispensed from their pharmacy between June 1 and September 2nd. They have also cleared their shelves of some medications and restocked them with fresh medications. These steps came upon the wake of the arrest of one of their pharmacists in connection with the investigation into credit card fraud and knowingly filling prescriptions with expired medications, according to The Seattle Times.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. Medical malpractice experts in Western Washington for more than 30 years, we represent people who have become seriously ill or suffered damage due to medical malpractice. Medical malpractice can include surgical malpractice, hospital malpractice, dental malpractice and pharmacy malpractice.

If you or a loved one has become seriously ill or a loved one has died as a result of the negligence of a healthcare professional, you may need the services of an attorney who is experienced in medical malpractice cases. At The Farber Law Group, we help victims recover compensation for their injuries.

Contact us today for a free case consultation.

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The Seattle Post-Intelligencer reports that Jang Bahadur Singh has had his technician license suspended until a hearing regarding accusations that he inappropriately touched two minor girls. Singh, a radiology technician in Kent, has 20 days to respond to the charges and request a hearing.

According to the report, health law judge John F. Kuntz, wrote in order of summary action,
"The respondent is alleged to have abused a position of trust and to have violated patient/practitioner boundaries by engaging in sexualized contact with minor patients."

The State Department of Health are authorized by the state legislature to "discipline health care providers who violate the law." Read the Washington State Department of Health news release here.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent victims of medical malpractice. A health care provider is negligent if his or her conduct falls below the "standard of care."

If you or a loved one has been the victim of a negligent health care provider, contact The Farber law Group today.

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A judge sentenced a West Richland chiropractor, Jeffrey A Sullivan age 46, to two months in prison for an "inappropriate relationship" with a 12-year-old girl reports Seattle's KOMONews.com. Sullivan plead guilty in May in Benton County Superior Court to communicating with a minor for immoral purposes.

Sullivan met the girl at motocross events and also treated her for an injury according to court documents. The court felt Sullivan was "grooming" the girl to have a sexual relationship with him after taking her in a hot tub and kissing her.

In accordance with the sentencing, Sullivan will register as a sex offender and will undergo treatment.

In medical malpractice cases, the term "malpractice" refers to a professional who fails to meet the standard of his/her profession thus resulting to injury in the patient. If a case like this were to be tried in civil court, the plaintiff would need to show evidence of injury to fit the criteria of medical malpractice.

This information was brought to you by Washington Injury Blog, a service of The Farber Law Group. We have represented victims of medical malpractice for more than 30 years. Located in Western Washington, we have represented cases in the following Superior Courts: King County, Snohomish County, and Pierce County.

Contact us today for a free case evaluation.

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With more than 30 years experience in representing medical malpractice victims in the greater Seattle, Washington area, we have seen a lot of excuses that doctors and hospitals have invented to deny culpability in a claim and to distract the jury. As experienced Seattle medical malpractice lawyers, we can expose these tactics so that our clients receive a fair trial.

One of the commonly used defense strategies is blaming the victim. For example, a physician failed to diagnose and treat a patient's skin cancer which then metastasized. The defense may claim that the patient did not wear sun screen and had a job that included hours of outdoor labor. They will tell the jury that the patient has skin cancer due to their own negligence.

Because The Farber Law Group has years of experience in presenting these claims, we know how to deal with this tactic immediately. A jury can not be misled by focusing on the patient's lifestyle, why they got the disease as this is irrelevant. As the patient's lawyer, we keep the focus on the physician's mistake and the damage it has done.

Contact The Farber Law Group for a free consultation and to discuss your case.

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KTVZ.com reports that the family of Stephen Brenn is suing Doctor Anthony Hinz for "wrongful death" after Brenn died a few hours after an "elective ankle surgery" in 2006 at St. Charles Medical Center in Bend, Oregon. They are asking for $9.7 million in damages.

The lawyers for Brenn's family argue that Dr. Hinz prescribed an overdose amount of pain medication for Brenn

Dr. Hinz's lawyers are arguing that it was the nurses that gave Brenn too many painkillers and that Brenn's alcohol use may have also been a factor in his death.

Washington State has a wrongful death statute that allows the family to sue a medical center or physician if the death of a patient resulted because of medical negligence. The family of the deceased may be able to recover damages for the loss of their loved one, but they need to have a skilled attorney to successfully navigate the wrongful death statute.

The proof for medical malpractice is that the physician or hospital's conduct fell below the "standard of care."

If you or a loved one is the victim of a negligent health care provider, contact the medical malpractice attorneys at The Farber Law Group. We can provide a free case consultation to evaluate whether you have a case that might be pursued successfully.

Contact us today.

See our Medical Malpractice Resources.

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The Seattle Post-Intelligencer reports that Paul F. Genung, a Seattle dentist who practices in downtown Seattle, Washington, has had his license suspended by the Dental Quality Assurance Commission. Genung is accused of prescribing "excessive amounts of narcotics and other drugs to a known substance abuser."

The Commission sanctioned Genung in 2006 for "improper prescribing practices" and required him to submit all controlled substances prescriptions and fined him $10,000.

In this latest action, the Commission, which is an arm of the Washington State Department of Health, contends that Genung ignored warnings by several pharmacies about his prescribing practices and employed the patient that he wrote the prescriptions for.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We have more than 30 years experience representing people who have been the victims of medical malpractice, surgical malpractice and dental malpractice. If you think you might be a victim of dental malpractice, read our article Do You Need a Dental Malpractice Lawyer?

Dental malpractice can come in various forms such as failure to diagnose, bad outcomes in dental surgery and problems with anesthesia or infection.

Contact us today for a free case evaluation.

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In a birth injury lawsuit, the Birth Injury Malpractice Lawyer brings together the resources that provides for the child's future care. Some children with birth injuries will need for special care their entire life especially if they have been born with a traumatic brain injury or cerebral palsy caused by hypoxia. In planning for a child's future, the attorney brings together people with expertise and these may include a physician, therapist, nurse and economist to plan and estimate a child's future needs including:

• Educational expenses
• Therapy expenses including occupational, speech and physical
• Medical expenses
• Care giver expenses
• Adaptive equipment needed for the home or automobile
• Home remodel expenses to modify the home for a child that might be in a wheel chair

Once a child's future needs are assessed and quantified, the attorney can factor this into the malpractice settlement when asking the court for an award.

This information was brought to you by Washington Injury Attorney Blog, a service of The Farber Law Group. Our medical malpractice attorneys represent children and their families with injuries due to negligence at birth. With our help, you may be able to recover compensation that will enable your child to obtain the care they deserve.

Contact us today for a free case evaluation.

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Washington Injury Attorney found an interesting article about botched surgeries in the Boston Globe. The Globe reviewed wrong site surgeries since 2006 in Massachusetts State. They found that surgeons performed surgery in the wrong location 38 times. Of those wrong site surgeries, eleven were surgeries on the spine and four of those eleven were all performed at New England Baptist hospital.

Private insurers and Medicare have said they will "no longer pay for costs associated with preventable errors."

In a previous posting, we discussed the University of Washington's efforts to reduce hospital and surgical malpractice errors by providing surgeons a checklist. The checklist is now a standard procedure in the operating rooms at Harborview. Using a checklist, surgeons have better outcomes and better communication and avoid mistakes like wrong site surgeries.

Surgical errors results in thousands of injuries every year. We believe surgical errors such as wrong site surgeries can and should be eliminated completely.

If you or a loved one has been seriously injured due to medical malpractice, you need the services of a skilled Washington malpractice attorney. At The Farber Law Group, we have more than 30 years experience in representing people with serious injuries due to the negligence of hospitals, surgeons, doctors and pharmacists.

Contact us today for a free case evaluation.

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Recently, the Seattle Post-Intelligencer ran an article about dental malpractice and asked the question, "Is there enough scrutiny in dental deaths?" While death during a dental procedure is rare, there is about one death per year attributed to dental work in Washington State.

While we don't read about dental malpractice as often as medical malpractice, it does happen. Dentists get malpractice insurance like physicians, surgeons and hospitals do and they usually purchase it through the same insurance carriers.

If you think you have been the victim of dental malpractice, you should retain an attorney who is experienced in dental malpractice.

The following are some potential dental malpractice issues:

• Failure to Diagnose When it comes to diagnosis, a dental patient should have confidence that their dentist will provide them with a professional diagnosis and treatment plan like any physician does. If your dentist did not provide an accurate diagnosis, then you may have grounds for a dental malpractice lawsuit. Failure to diagnose an oral cancer or do a proper exam of your gum, tongue and other tissues may be dental malpractice. If your injuries are permanent or severe, then you should talk with a dental malpractice attorney.

• Bad outcomes with Anesthesia or Infection In the worst possible outcome of dental malpractice, a patient's death may be caused by improperly administered anesthesia or a severe infection that results in death because instruments were not properly sterilized or the infection was not properly treated.

• Bad outcome in dental surgery - Another outcome of dental malpractice might be botched oral surgery which led to permanent damage to facial or tongue nerves or muscles and damage to the tongue. Damage to the nerves or tongue could result in difficulty in speech, loss of taste, and difficulty swallowing or eating.

• Extraction gone bad - A simple dental extraction (removing a tooth) can be malpractice if the dentist removes the wrong tooth, say a healthy tooth instead of the decayed one. Or, the removal of a tooth without your prior consent.

• Orthodontic procedures -- Sometimes orthodontic procedure that are performed on children or adults can be malpractice. If the orthodontist failed to provide alternatives to patients, if they extract teeth when it isn't needed or when orthodontics are done improperly leading to TMJ or headaches, then you may have a malpractice case.

If you think you've been a victim of dental malpractice, then you should contact an experienced personal injury attorney who can review your case and you records. With our 30 years of experience in representing people with personal injury cases, we can review your records and help determine whether you have a valid case,

Contact The Farber Law Group today for a free case evaluation.

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A woman and her daughter have been awarded $18.2 million in a medical malpractice case due to a birth injury the daughter received 10 years ago reports the Milwaukee Journal Sentinel. The U.S. District Judge, Lynn S. Adelman, awarded the woman and her child $21 million in 2006 and the federal government has now agreed to pay $18.2 to avoid an appeal of the original suit.

The woman sued the government because of the lack of care she was given at a federally funded medical clinic for the poor. The woman, who had a history of high-risk pregnancies, was not seen by an obstetrician or a specialist during her pregnancy. When she delivered, she was not attended to by a physician for more than 12 hours during delivery at the former Sinai-Samaritan Hospital. The baby was deprived of oxygen during birth and has severe brain damage. Her medical expenses are expected to be more than $12 million.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent families who have undergone the trauma of a child born with a birth injury. Birth injuries often seen in negligence cases include hypoxia which is a caused by a deprivation of oxygen. Other injuries include cortical blindness, mental retardation and learning disabilities. While no amount of financial compensation can ameliorate the pain and suffering of having a child that has a birth injury due to negligence during the birth process, it can provide support for families who have enormous medical and educational expenses because of their child’s disability.

Contact us today for a free case evaluation.

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The Seattle Post-Intelligencer reports that Dr. Fred Quarnstrom, a Seattle Dentist and a dental instructor at the University of Washington has withdrawn his request for reappointment to the Dental Quality Assurance Commission (DQAC). In a letter he sent to Governor Christine Gregoire, Dr. Quarnstrom questions the review process involved in the cases of patients who have died as a result of dental procedures.

“We have seen cases closed where there were deaths and where non-licensed individuals were giving general anesthesia drugs,” Quarnstrom wrote. “I simply cannot continue serving when I have such profound reservations about how the DQAC process is conducted.”

Dr. Quarnstrom's letter to Gov. Gregoire highlights his concerns:

• His belief that the DQAC and Board of Health ignored and covered up cases where unlicensed and uncertified individuals administer anesthetic drugs and monitor patient recovery
  
• One dentist received a general anesthesia permit when he had only completed 8 months of a required one year general anesthesia residency
  
• Cases where deaths have been involved should not be closed or resolved in secrecy.

Read the complete text of Dr. Quarnstrom's letter here.

Dental deaths are rare. Between 2005 and 2007 there were seven deaths in the state attributed to a dental procedure. Prior to that there were eleven deaths between 2003-2005 according to the State Department of Health. Despite the rarity, however, consumers do not want the quality of their dental care to be less than any other medical procedure.

The Seattle P-I's investigation listed the following deaths that were dental-procedure related:

• Jimmy Marks, a prominent Spokane Gypsy leader, went into cardiac arrest after undergoing general anesthesia. His oral surgeon, Dr. Mark C. Paxton, had been sanctioned in 2005 for using unlicensed assistants. The investigation into Mark's death was closed within two weeks. Marks' widow has filed a dental malpractice suit claiming an improper dosage of anesthesia was used.
• Henry Dillow, 25, died from an "aggressive bacterial infection" after having his wisdom teeth removed. His oral surgeon, Dr. Leonard, would like for the details of his case to be released so that other dentists can be aware of the rare complication he experienced.
• An 89-year-old Spokane woman died after being sedated for an extraction procedure.
• The Spokesman Review also found a case of a death that that was not reported. Jon Gellner, 71, of Spokane aspirated blood into his lungs after Dr. Patrick Collins performed surgery on his palate. Though this case was dental-related, it has not been investigated.

After the Post-Intelligencer investigated dental deaths and talked to the dental board members and Dr. Fred Quarnstrom told Governor Christine Gregoire that he was quitting the commission, it seems like the State is taking notice. Now, according to the P-I, the top health officials for the state are urging state dental board to "investigate all patient deaths that occur in connection with dental care."

In addition, the State Health Department is doing a cross reference of providers and their licenses. Most oral surgeons have both a dental license and a medical license, and prior to the Health Department's actions, a sanction by one medical board would not show up on both license checks.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent patients who have been the victims of dental malpractice. Dental malpractice can include the failure to diagnose, improperly administered anesthesia, bad outcomes of oral surgery, infection due to a dental procedure, extractions gone awry and orthodontics.

If you or a loved one has been a injured because of dental malpractice, please contact the dental malpractice specialists at The Farber Law Group. We will be happy to conduct a free case review.

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After 17 infants in a neonatal unit at a Texas hospital were overdosed with Heparin, a blood thinner, many hospitals and physicians have to looking at their own procedures to ensure that they do not commit medical malpractice by making a similar error in their own facility. Penobscot Bay Medical Center in Maine decided to take a big step to ensure that no accident with heparin will happen in their hospital: they voted unanimously to ban the use of the blood thinner in their newborn nursery. Their vote was after many high profile cases, including that of the actor Dennis Quaid's twins, and before the Texas case appeared on the front of the newspapers. Their press release read, "The change has been prompted by several high profile cases in other hospitals where 'adult strength' heparin was inadvertently given to infants leading to their deaths."

Heparin is a blood thinner that is used to prevent blood in IV lines from clotting. "We have used this medication safely and without incident for many years at PBMC," said Dr. Bill Stephenson, chairman of the Pediatric Department. "However, recent studies have shown that substituting saline as a harmless alternative can be just as effective, making our decision to change an easy one."

This decision by Penobscot Bay Medical Center seems prudent especially in the light of studies showing there are harmless alternatives.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured by medical or hospital malpractice caused by negligence. With more than 30 years experience in the Pacific Northwest, we will work to ensure you are fairly compensated for your injuries.

Contact us today for a free case evaluation.

See our Medical Malpractice Resources.

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The Seattle Times reports that the State Department of Health has suspended the license of Dr. George Mathew, 46 (read their news release here). According to the suspension order, Mathew's treatment of four patients in the Pend Oreille County hospital emergency room is being investigated for "negligence, incompetence and malpractice." The order says, "In order to immediately suspend a practitioner’s license, the commission and the health department must have evidence that demonstrates the practitioner’s conduct puts patients in immediate danger. A summary suspension is the strongest, most immediate action possible." He was working in an ER room as a temporary doctor.

Matthew, through his Seattle attorney Jeff Coopersmith, denies the allegations.

The charges include:

• Failing to treat a man suffering from a heart attack
  
• Failing to stitch up a laceration in a woman's leg
  
• Failing to stitch up the lip of another woman after she had a fall
  
• Failing to treat a patient who present a complaint of blood and vomit in his stool

Mathew has currently been working out of an office in Seattle's Belltown. He has been under probation since 2005 for other incidents. In 2005, he agreed to certain conditions imposed by the Department of Health so that he could keep his license. One of those conditions was that he would only work in an emergency room.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We have more than 30 years experience in representing people who have been seriously injured due to physician or hospital malpractice. In Washington State, a health care provider must maintain a "standard of care" and he or she is negligent if they "failed to exercise that degree of care, skill and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he belongs."

Please contact us for a free case consultation.

See our Medical Malpractice Resources.

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A Texas hospital apparently gave up to 17 babies in their neonatal intensive care unit overdoses of Heparin, a blood thinner reports CNN. One of the babies died and an autopsy will be performed to determine whether the overdose caused the death and a potential medical malpractice suit for Christus Spohn. The overdosing error apparently occurred as a result of a procecdural problem in the pharmacy when the medication was being mixed with other agents including saline solution.

Twelve of the babies are "stable," three babies have been discharged and one baby is in critical condition said Dr. Richard Davis, chief medical officer for the Christus Spohn Health System. None of the ill babies conditions are related to the heparin overdose according to a Christus Spohn Health System press release.

Heparin is a blood thinner which is used in patients with IV lines to keep clots from forming in the lines. During the past year and a half, there have been up to 250 medical errors involving Heparin and babies up to 1 year of age according to U.S. Pharmacopeia, the official public standards-setting authority for all prescription, over-the-counter medications and dietary supplements manufactured and sold in the U.S.

The dosage error was discovered by nurses on Sunday night said Sherri Carr-Deer, a spokesperson for Christus Spohn Health System. The medication had been dispensed for about two days before the error was discovered.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent patients who have suffered severe injury or death due to hospital malpractice caused by negligence. Often hospital malpractice has serious outcomes. At The Farber Law Group, we have more than 30 years experience in representing the victims of negligent doctors and other health care providers and helping victims recover compensation for their injuries, or those of a loved cone.

Contact us today for a free case evaluation.

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A jury has provided for a $19.6 million medical malpractice settlement to parents of a baby who was brain-damaged at birth and the mother who suffered severe injuries during delivery, reports St. Vincent's Medical Center in Manhattan.

According to the trial transcripts, Daniel Maing suffers from cerebral palsy after Dr. Po Ching Fong, a hospital resident at the time, used forceps improperly onduring the birth process. Daniel Maing was severely oxygen deprived and had to be resuscitated upon birth. The anesthesiologist also erred by inserting a breathing tube into Daniel's esophagus rather than his windpipe.

In addition to the injuries to Daniel, Mrs. Maing suffered extensive tearing to her vaginal area, all the way to the rectum. The mother suffered severe scarring and has a lot of pain to this day.

The jury, which deliberated one day after a three-week trial, found St. Vincent's Medical Center and their doctors responsible, awarding $12 million to Mrs. Maing and $7.6 to Daniel

Medical malpractice during the birth process can have disastrous consequence. Fetal distress involving the lack of oxygen to the child's brain often results in irreversible brain injury. This is known as hypoxia which is diagnosed as cerebral palsy. Babies can also suffer from cortical blindness, mental retardation and learning disabilities. Caring for a severely injured child can be a huge burden on a family and they deserve to be compensated for their enormous medical and educational expenses.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent victims of medical malpractice including birth injury. If your child has cerebral palsy due to a birth injury that resulted from medical malpractice call today for a free case consultation.

Se our Birth Injury Resources.

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The family of an 81-year-old patient in a HCR Manor Care facility was awarded $6 million dollars in a case of nursing home abuse and neglect after the patient was given an overdose of morphine. In awarding $6 million, the jury found that Manor Care facility in Tucson, was negligent in giving Sylvia Culpepper twice the prescribed dosage of morphine. Manor Care also has facilities in Lynnwood, Gig Harbor, Spokane and Tacoma, Washington.

According to court transcripts, Culpepper was being treated for sciatica, a nerve condition that causes pain. When her physician changed her dosage of morphine, Manor Care erroneously gave her both the old dosage and the new dosage. The jury found that the nursing home was to blame for failing to recognize a morphine overdose and for not having adequate staffing.

In many cases of nursing home abuse or neglect, inadequate or poorly trained staff is the cause.

If you or a loved one has suffered a serious injury or died as a result of nursing home staff negligence or abuse, you should contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

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The University of Washington Medical Center is part of a worldwide test drive of a World Heath Organization initiative and is using a checklist in the operating room. The checklist also includes items from a statewide project, Surgical Care and Outcomes Assessment Program (SCOAP). The Seattle Times reports that the medical center has started using a checklist for every surgery done at the hospital. The UW is one of only eight hospitals worldwide that is testing the use of a checklist and they believe that as a result of using the checklist there will be fewer mistakes, better outcomes, better communication and a better standard of care in the operating room and after surgery.

The use of checklists are standard procedure in other industries and endeavors like aviation reports The Times, however, it has not been routinely used in medicine. That is until people like Dr. Atul Gawande writing in The New Yorker explained with his easy-to-understand narrative, how complex medicine can be today and how simply using a checklist can make dramatic improvements in medical care and avoid surgical malpractice.

The checklist used by the UW is a 2-foot by 3-foot laminated poster which is hung on an IV pole in the operating room. It prompts the physicians, nurses and operating room personnel to go through a series of questions and procedures which include:

• Having the surgical team introduce themselves which improves communication.
  
• Confirming the patient's name, operation, and surgery site. This simple check will avoid a surgeon mistakenly removing a right lung instead of a left one, for example.
  
• Confirming that everyone knows what surgery is being performed.
  
• Doing an instrument count so that no instruments, sponges or needles are mistakenly left in the patient's surgery site.
  
• Confirming if the patient is diabetic and needs insulin or has high blood pressure and is current with their medicines.
  
• Confirming whether the patient has any allergies.

Dr. E. Patchen Dellinger at the UW is very enthusiastic about the checklist. He said about the time spent on going over the checklist, "Two minutes seems like a pretty modest investment in safety."

The SCOAP program plans to have checklists in all hospitals throughout Washington State by the end of 2009. Data from the UW pilot program should be available by the end of the year.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured due to surgical malpractice or medical malpractice. Surgical errors result in thousands of injures every year. We applaud the use of the checklist to eliminate the incident of wrong site incisions, poor pre-operative planning or other mistakes during surgery.

If you have experienced a botched surgery, contact The Farber Law Group as we have more than 30 years experience in presenting victims of negligent doctors and other health care providers.

Contact us today for a free case consultation.

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The Seattle Post-Intelligencer reports that the Food and Drug Administration has asked Johnson & Johnson to place a "black box" warning on their foot and leg ulcer cream, Regranex, after studies show that people who used three or more tubes of the product have a five-fold risk of cancer and death.

A "black box" warning is the FDA's highest warning level. In issuing the warning, the FDA does not advise health care professionals to discontinue prescribing the product, but they advise physicians to weight the benefits against the risks for each patient.

Regranex is manufactured by Ethicon, a division of Johnson & Johnson. Regranex gel is prescribed to treat dangerous foot and leg ulcers in patients who have diabetes.

Approximately 750,000 people have been prescribed Regranex since it was approved by the RDA in 1997.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We are a Bellevue, Washington based attorney group representing people with medical malpractice, damage from dangerous products and personal injury claims.

Contact us today for a free case evaluation.

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In Seattle, Washington, Dr. Bill Schnall is currently on trial for medical malpractice. In the Seattle Post-Intelligencer article, reporter Carol Smith, describes the saga of this Pediatrician who mentored troubled boys and ended up relinquishing his medical license after the State's Medical Quality Assurance Commission cited him for misconduct in his relationships with patients in August 2005.

The crux of the medical malpractice case is that Dr. Schnall, who was a prominent Shoreline pediatrician and on the staff at Children's Hospital and Regional Medical Center, had a relationship with four teenage boys for his own "voyeuristic sexual gratification." The attorneys for the families allege that Dr. Schnall abused the boys by emotionally controlling them and crossing professional boundaries in his care of the boys. In opening arguments of the trial patients allege that they were allowed to smoke marijuana at Dr. Schnall's house, they had intimate and inappropriate e-mails from the physician and that they were inappropriately touched.

Dr. Schnall's defense is that he was trying to help troubled teenagers at the request of their parents.

The damages that the plaintiffs are requesting have not been specified but their attorney says they are "substantial." This ongoing case is being closely followed in Seattle.

In Washington State, the legal test is "the standard of care." The legal test is that the doctor was negligent if he "failed to exercise that degree of care, skill and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he belongs, in the state of Washington, acting in the same or similar circumstances" and "such failure was a proximate cause of the injury complained of." RCW 7.70.040(1),2(2).

If you are the victim of a negligent physician, contact The Farber law Group. We have more than 30 years experience in representing the victims of negligent physicians and other health care providers and in helping victims recover compensation of their injuries.

Please contact The Farber Law Group for a free case consultation.

See our Medical Malpractice Resources.

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In one of the most egregious medical malpractice cases, the The Seattle Times report says that medical staff re-used single dosage vials of sedative medication on more than one patient, passing Hepatitis C infections between patients.

The CDC has said that 84 patients have contracted Hepatitis C from the clinic and the number could be potentially far greater. They say that 50,000 patients should be tested.

Hepatitis C is a blood-borne infectious disease that infects the liver. 80% of the time the disease can by asymptomatic -- without symptoms -- and even without symptoms it can cause liver damage including cirrhosis of the liver and liver cancer. Click here for the CDC's hepatitis fact sheet.

In the case of a patient contracting Hepatitis C as a result of bad medical practices, the medical malpractice attorney could prove that the health care provider negligently treated a patient. In Washington state malpractice cases the "standard of care" provides that a health care provider is negligent if he or she “failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he belongs, in the state of Washington, acting in the same or similar circumstances” and “such failure was a proximate cause of the injury complained of.” RCW 7.70.040(1), (2).

If you are injured due to a negligent health care provider you should contact a medical malpractice attorney. The Farber Law Group has more than 30 years experience in representing victims of negligent doctors and other help care providers. We can help you recover compensation for your injuries.

Contact us for a free case consultation.

Click here for our Medical Malpractice Resources.

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Posted In: Medical Malpractice

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A four-year-old boy was awarded $2.35 million in compensation for an injury to his shoulder during birth. The boy has had to undergo multiple surgeries and physical therapy and has severe nerve damage. He may have to undergo more surgeries later this year.

The jury found Dr. Pankaj D. Thaker damaged the boy when he pulled too hard on the "boy's head and neck when his shoulder became stuck on the mother's pubic bone," according to the Waukegan News Sun.

Birth injuries as a result of medical negligence can have devastating consequences with life long impact on a person's quality of life. No amount of financial compensation can ameliorate the pain and suffering of a child that has to undergo multiple surgeries, physical therapy and has a lifelong handicap. However, a monetary award can help towards the huge financial impact of medical and educational expenses due to a child's disability.

The Farber Law Group is a law firm with more than 30 years experience in representing victims of medical malpractice. If your child was injured due to a birth injury that resulted from negligence, contact us today for a free case consultation.

Click here to view our Birth Injury Resources.

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The Seattle Times reports that a Food and Drug Administration study raises concerns about adolescent diabetics using insulin pumps. While The FDA supports the use of insulin pumps in teenagers who have diabetes, they want consumers, their physicians and hospitals to be aware of potential complications due to the use of the medical devices including 13 patient deaths and 1,500 injuries.

Infusion pumps are becoming more common in the treatment of Type I diabetes in adolescents and are used by tens of thousands teenage patients.

In the study Adolescent Use of Insulin and Patient-Controlled Analgesia Technology published in the May issue of Pediatrics, the study looks at problems related to use of the pump by adolescents:

• Incorrect use of the pump, sometimes due to inadequate instruction
  
• Alarm problems
  
• Catheters that loosened or occluded
  
• Bent cannula
  
• Screen display problems
  
• Device malfunction which caused over delivery of medication or failure to deliver medication
  
• Patients disconnecting the pump for exercise
  
• Carelessness

The study highlights the special issues of using the pump with teenage patients and urges proper education and parental oversight. The FDA urges consumers and practitioners to device-related problems through the FDA Medwatch program: www.fda.gov/medwatch

If you or a loved one has been injured or a loved one died due to the malfunction of a medical device, you need to contact a personal injury attorney to insure your rights are protected. At The Farber Law Group, we have more than 30 years experience in representing victims of malpractice and defective or dangerous products. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice , Wrongful Death

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Both The Seattle Times and The Seattle Post Intelligencer report today that Fosamax©, a medication to treat osteoporosis, appears to double a woman's chance of having atrial fibrillation, a sometimes serious heart condition.

Fosamax© is manufactured by Merck & Co. A generic version, alendronate, was approved by the Federal Drug Administration in 2008. Fosamax© has also been linked to another serious condition, osteoncrosis of the jaw, also known as jaw necrosis or jaw death. Osteonecrosis can cause parts of the jawbone to deteriorate, causing an extremely painful condition that can lead to jaw removal.

The Seattle, Washington study which was published in the Archives of Internal Medicine was done by Group Health in Seattle and the University of Washington. The study, which followed 719 women with atrial fibrillation, compared them with 966 women who did not have the condition. The study found that the women who had taken Fosamax©, had an 86% higher incidence of the condition.

Atrial fibrillation can result in irregular heartbeats (heart palpitations), shortness of breath, fatigue, blood clots which can cause strokes, and congestive heart failure.

Dr. Philip Mease, an osteoporosis expert at Swedish Medical Center who was not involved in the study, cautions women not to suddenly discontinue the medication. The Group Health study said, "it is important to carefully weigh the benefits against the possible risk of atrial fibrillation in women who have only modestly increased fracture risk and in women who have risk factors for atrial fibrillation, such as diabetes, mellitus, coronary disease or heart failure."

Osteoporosis is a condition that strikes women far more often than men, affecting 25 million Americans a year. It causes bone loss and when the bones become weak and thin they can easily break.

If you or a loved one has experienced any serious side effects after using Fosamax© such as atrial fibrillation or osteonocrosis, you need to contact a personal injury attorney to ensure that your rights are protected. The Farber Law Group has more than 30 years experience of representing people with serious personal injury and malpractice. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice

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A jury in Snohomish Superior Court awarded Paramjit Singh of Mount Vernon, Washington a $40.1 million settlement after a defective medical device burned his heart during surgery. Singh then had to undergo a heart transplant and is forced to take anti-rejection medication for the rest of his life and has other serious health complications including facing a kidney transplant.

Singh underwent a cardiac bypass surgery at Everett Medical Center in 2004 when a device manufactured by Edwards Lifesciences overheated, burning his heart. Singh's heart stopped and could not be restarted. He had to be kept on a medical heart device for weeks until a heart could be found for a transplant.

Singh's lawyers presented evidence to the jury that Edwards Lifescience was aware that the of a potential problem with the device since 1998 but did not recall the device or warn hospitals and patients. Of the damages, $8.35 were punitive. Punitive damages are not generally allowed in Washington Court but the allowed them because Edwards Lifescience is located in California where punitive damages are allowed.

If you or a loved one is seriously injured or killed because of medical malpractice or a defective product, contact The Farber Law Group immediately. We have more than 30 years experience in representing victims of serious personal injury. Contact us today for a free case evaluation.

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Posted In: Burn Injuries , Dangerous Products , Medical Malpractice

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Two recent medical studies found that Bayer’s anti-bleeding product, Trasylol, generically known as Asprotinin, is dangerous. Trasylol or Asprotinin, given to heart bypass surgery patients by their physicians to stop bleeding and reduce blood transfusions, was found to cause patients to die at a much higher rate than patients given other anti-bleeding drugs. The drug also caused a higher rate of kidney failure requiring patients to go on dialysis.

Although it is not clear why patients who took Trasylol died at a higher rate than patients given other medications, two recent medical studies reached that conclusion. They found that 6.4 percent of patients who were given Trasylol died within 30 days of the surgery, a rate nearly 2½ times higher than patients who got another drug or who received no treatment for excessive bleeding. At one year after surgery, almost 16 percent of Trasylol patients had died, approximately 2½ times higher than patients using an alternative medication.

According to the Associated Press, Bayer, who was aware of the this information, including the preliminary results from their own study, failed to present this evidence to the Food and Drug Administration, claiming the medical studies were flawed. But according to Dr. Sidney Wolfe of Public Citizen’s Health Research Group, it is Bayer’s reasoning that is flawed, “I just don’t know how much further evidence you need.” Wolfe also said that federal health officials should pursue criminal charges against Bayer for withholding information from FDA.

Trasylol has been on the market for 14 years and was used by doctors to treat hundreds of thousands of heart bypass patients each year. Bayer stopped selling the drug last fall, after a study was halted because of deaths among patients taking Trasylol.

Injuries or death resulting from dangerous drugs are often quite complex, and establishing legal fault requires the assistance of an attorney knowledgeable in this area of the law.

At The Farber Law Group, we are experienced in representing the victims of dangerous drugs and in helping victims or their families recover compensation for those injuries. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice

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Linda Guile, a woman from Renton, Washington had her spinal nerves severed, losing control of her bladder and bowels while undergoing back surgery by Dr. Britt Borden. Barbara Ristved, also a Washington State resident, had similar damage in a surgery that Borden performed on her. Both women won malpractice settlements because of their botched surgeries.

After leaving Washington State, Borden stated practicing neurosurgery in Aberdeen, S.D. There, his patient Marilyn Zubke, underwent surgery after a car accident. When that surgery was botched, she underwent another surgery by Borden, which was also botched. Zubke was awarded a $990,000 settlement in a medical malpractice suit.

The Capital-Journal reports that though Dr. Borden has lost malpractice suits in South Dakota, Virgina and Washington, the Kansas healing art board has issued Dr. Borden a license to practice medicine. On his application for a license in Kansas, Borden denied negligence in his previous malpractice cases.

We concur with Marilyn Zubke who believes that a physician's records concerning malpractice and discipline should be made public so that patients can make informed decisions.

If you are the victim of a botched surgery, contact The Farber Law Group. At The Farber Law Group, we are experienced in representing the victims of negligent doctors and other health care providers and in helping victims recover compensation for your injuries, or those of a loved one.

Please contact us for a free consultation.

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Posted In: Medical Malpractice , Spinal Cord Injury

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USA Today reported the case of a 5 year old boy, Trey Jones, who suffered serious side effects as a result of a prescription error. The child was dispensed the wrong medication by a Walgren’s pharmacy and took the medication for two months before the error was discovered. The boy’s serious side effects included rages and also signs that he was going into premature puberty when he was given a Methitest – a synthetic hormone -- instead of a blood pressure medication. The lengthy report by USA Today says that the incidence of receiving a prescription with a potentially life-threatening result is 1 in 1,000 prescriptions. USA Today Reporters Erik Brady and Kevin McCoy investigated the records of two of the largest pharmacy chains, CVS and Walgren. In Washington State, The Farber Law Group, represents clients who have suffered serious injury or wrongful death due to medical malpractice.

Some of the reasons cited that prescription mistakes are made include:
• Requiring pharmacists to fill over 350 prescriptions per day.
• Emphasizing speed in filling prescriptions
• Needing more staff
• Failing to provide patient counseling
• Relying on technicians rather than pharmacists
• Failing to provide patient enough information on the medications they are prescribed

The newspaper also highlighted two cases that resulted in the patient’s death:

• Eric Warren a 31 year old wrestling coach whose family was awarded $6 million after he died from a serious drug interaction.
• Beth Hipperly a 42 mother of three who died after being given the wrong dosage of blood thinner. Her family was awarded $25.8 million.

To avoid problems with prescriptions, patients are urged to research every medication they are taking and check what the common usages are for the drug they were prescribed along with the drug shape and color. WebMd's drug interaction checker can help a person check for drug interactions. The FDA also has an information page on Drug Interactions: What You Should Know.

If you or a family member has suffered a serious injury or death due to a prescription error, The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractice claims may be able to help you recover your damages. Generally, personal injury attorneys handle medical malpractice cases on a contingent fee basis. That means that they do not charge you any attorneys’ feels, until and unless they recover money for you. Contact us today for a free case evaluation.

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The Seattle Times reported today that, under a voluntary agreement between the State of Washington, Governor Christine Gregoire and leading hospitals, medical centers and medical providers, medical providers will not bill patients when their medical errors results in injury to the patient. The agreement is not binding but pledges that patients will not be billed for surgeries to correct mistakes and hospital stays as a result of mistakes.

The Seattle Times article detailed the case of Dennis Rockenbach of Bellingham who was severely injured after an operating room error resulted in severe burns to his throat during routine surgery. Rockenbach was in intensive care for a month after surgery and was then billed $66,000 by the hospital and his physicians. Rockenbach sued the hospital and physicians and ultimately settled his case for $7 million dollars.

Patients routinely are billed for mistakes such as surgical instruments left in the body and operating on the wrong limb. The most common injury to a patient is bedsores – pressure ulcers – which may result when a patient is confined to bed for a long period of time.

The Leapfrog Group for patient safety, a national organization which works towards eliminating medical mistakes, was instrumental in facilitating several states and groups in working out this agreement.

This agreement between the State of Washington and medial practitioners goes a long way in helping medical practitioners accept responsibility when they make a mistake. However, if a patient is injured as a result of medical negligence, they may also be eligible for a damage award. If you want more information on this case or assistance with a medical malpractice case, contact us at the Farber Law Group. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling medical malpractice cases, you may be able to recover damages in a medical malpractice lawsuit.

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In Washington State, there is no defined cap on damages in medical malpractice cases. A recent verdict in Massachusetts awarded a woman 2.5 million dollars for medical misdiagnosis after she had been treated for nine years for HIV infection when she never had the virus. One can only imagine the psychological and physical toll on this woman who had to take a cocktail of anti-viral medications, each with their own side effect. After her correct diagnosis, the woman said it was hard not to live like she had HIV.

This kind of misdiagnosis is not as uncommon as one might think. In January of 2002, an Oklahoma jury awarded a man 1.4 million dollars after he had been treated for HIV when he also did not have the virus.

Medical malpractice occurs not only when a doctor fails to re-check tests or order additional tests when they are warranted. It can also occur when the doctor’s course of action causes the patient harm, as in the above mentioned patient who had the expense and physical side effects of medications for a disease that she did not have.

If you have been misdiagnosed and failed to receive adequate medical treatment as a result, with the help of The Farber Law Group, you may be able to recover damages. Call us today for a free case evaluation.

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According to the American Medical Association (AMA), 10-15% of all doctors have suffered with some sort of alcohol or drug addiction at any one time during their medical career potentially putting their patients at risk. The AMA says that some 7-8,000 doctors are currently undergoing treatment for substance abuse problems. And, in most states, doctors can be treated confidentially, without their patients being informed. While doctors suffer no more addiction problems than the rest of the population, the question is, “Should doctors be able to seek treatment anonymously?” “Do patients have the right to know if their physician is being treated for substance abuse problems.”

Impaired doctors have botched surgeries or failed to follow up on lab and tests results. In Montana, a jury awarded a patient an undisclosed settlement when the doctor failed to follow up on a test result showing that the patient had cancer. The patient went untreated for a full year after the cancer appeared on a test result the physician failed to read. Dr. Robert Schure, the doctor named in the suit, had failed rehab six times according to news reports. In North Carolina, a doctor undergoing alcoholism treatment billed a patient’s medical insurance for gastric bypass surgery and then performed a shortcut surgery which resulted in the patient having many serious complications.

Most addiction centers and the AMA believe that doctors should be able to be treated confidentially. Anonymous treatment encourages physicians to seek treatment, they say. Without anonymity many physicians would no longer seek treatment.

California is the only state that is going back to the rules that were in effect in the 1980’s: a doctor with an addiction loses their license. Period. Would you want TV’s Dr. House with his addiction to painkillers treating your family member?

If you have been hurt as a result of a doctor’s negligence, with the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractices, you may be able to recover your damages. Call us today for a free case consultation.

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