Articles Posted in Hospital Errors

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Harvey Mantei, 60, underwent colon resection surgery performed by U.S. Veterans Hospital staff surgeon Dr. Karen Kwong. Within several days of the surgery, Mantei developed peritonitis and later required two more surgeries as well as additional hospitalizations for treatment of renal failure and MRSA.

Mantei continued to suffer abdominal pain and scarring and required a corset to support his weak abdominal area.

Mantei sued the United States because it operates veterans hospitals, alleging liability for Dr. Kwong’s failure to perform air and water testing during the colon resection surgery to ensure that the surgical connection was sufficient.

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April Mendel, 52, underwent a laminectomy done by orthopedic surgeon Dr. Eric Williams. Dr. Williams was assisted by an orthopedic surgery resident, Dr. Andrew Beaver.

Several days after being discharged from the hospital, she called Dr. Williams’s office complaining of fever and drainage at the wound site. A member of Dr. Williams’s staff told Mendel to see the doctor the next day or go to the emergency room.

She went to a second hospital where she was diagnosed as having a wound infection. After being contacted regarding her condition, Dr. Williams ordered a transfer to different hospital at 6 p.m. By noon the next day, Mendel was transferred to a different hospital where 6 hours later she underwent surgery to treat an abscess in her lumbar spine. Despite the surgery, she suffered a permanent spinal cord injury that has left her with paraplegia, paralysis of her lower limbs.

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Perry Pace was seven weeks old when he experienced viral symptoms, including chronic diarrhea and frequent vomiting for one week. Perry was transported by ambulance to a hospital emergency room where he was seen by an emergency physician, Dr. Patrick Hawley. The doctor examined Perry and diagnosed a viral infection before discharging the baby with instructions to take Pedialyte and instructed Perry’s mother to let the virus run its course.

Three days later Perry died as a result of dehydration. The child is survived by his mother. Ms. Barker, who sued Dr. Hawley alleging he chose not to diagnose and treat Perry’s early dehydration. Ms. Barker asserted that Dr. Hawley spent only five minutes with Perry and chose not test his blood and urine, administer IV fluids or consult the paramedics, who observed Perry as having lethargy and impaired respirations during his transport to the emergency room.

Ms. Barker also sued the hospital claiming liability for its nurse’s failure to recognize Perry was mildly dehydrated or at risk for dehydration, chose not to take an adequate history and go up the chain of command when Dr. Hawley chose not to run a fluid challenge test.

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On Aug. 17, 2012, 66-year-old Maria Giotta underwent an outpatient CT scan with contrast at the Presence Resurrection Hospital. She began to experience an adverse reaction to the contrast solution during the scan, but the CT technician chose not to recognize or appreciate her dilemma. The CT technician discharged her from his care despite the fact that she was still hot, flushed and dizzy.

Just moments after she left the radiology department she experienced a fainting episode in the hospital hallway and collapsed to the floor landing on her left hand. Giotta sustained displaced proximal phalanx fractures of all four fingers on the left hand, two of which were open fractures requiring emergency open reduction internal fixation and six months of physical therapy. She had expended $32,340 for medical expenses. She continues to have permanent left hand stiffness, pain and limited grip strength.

Her attorneys, Michael S. Fiorentino and Samantha L. Israel, represented her and made a demand before trial of $395,000. Giotta’s attorneys asked the jury in closing argument to return a verdict of $1.6 million. The only offer made by the hospital to settle this case was $75,000.

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A trial judge in Jackson County, Ill., refused to follow the case law found in Stanton v. Rea, 2012 IL App (5th) 110187 when calculating the amount of the hospital’s lien amount. In the case of Alma McVey, who was injured after a waitress dropped a tray of drinks on her foot, the issue was how much Memorial Hospital-Carbondale would receive for its $2,891 medical services bill still unpaid.

McVey settled her personal-injury case against the waitress’s employer for $7,500. Under Stanton, attorney fees and litigation expenses should have been deducted from the settlement before calculating the hospital’s share of the settlement. The judge in the McVey case ruled that McVey’s attorney was entitled to $2,250; the hospital would receive $2,500 and the remaining $2,750 would go to the plaintiff, McVey.

The Illinois Appellate Court for the 5th District reversed that ruling, concluding that “the trial court erred in refusing to follow Stanton and begin calculations after the settlement has been reduced by attorney fees and costs.”

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Brett L., 12, underwent a tonsillectomy and adenoidectomy at a children’s’ hospital. After the procedure, Brett was extubated and transferred to the hospital’s post-anesthesia care unit (PACU).

Over the next 90 minutes, Brett‘s parents noticed that he was snoring. A nurse refused the parents’ request that Brett be repositioned. The parents then sought other help and found a nurse’s aide who turned Brett over to find that he was not breathing at all.

Despite resuscitation efforts, Brett died. He was survived by his parents and two siblings.

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This case was resolved in a confidential settlement. It dealt with an injury to a 50-year-old woman who underwent a hysterectomy performed by an obstetrician. During the surgery, it was revealed that a surgical sponge was missing. The doctor then performed a cystoscopy to examine the woman’s bladder and also repaired the bladder, which had been torn during the hysterectomy.

The obstetrician failed to notice that the woman’s ureters had been sutured closed during the bladder repair. The ureter is the tube that takes urine from the kidneys to the urinary bladder. There are two ureters. Each of the two ureters is attached to a kidney.

The woman suffered damage to both kidneys because of the sutured closed ureters and now suffers from frequent urinary tract infections and urinary stress incontinence.

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HW was 44 years old and had a history of heroin abuse. He developed severe back pain and then went to a local hospital’s emergency room telling the nursing staff that he was also suffering from heroin addiction and that he had experienced fever and nausea.

HW underwent testing, including an EKG, x-rays and blood work and was discharged from the hospital with a diagnosis of exacerbated back pain and narcotic withdrawal.

When the final results of HW’s blood culture were finalized it showed that he was suffering from a systemic blood infection. However, the hospital claimed that it was not able to reach HW by phone to advise him of these very dangerous results. Instead, the hospital sent a certified letter to the address that HW had given at the time of his admission. A copy of that letter was found in his medical records file. Predictably, before HW received the letter, he suffered paralysis from his chest down because of the systemic blood infection.

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Jerry Medlin, 60, underwent cataract surgery in his left eye. The surgery was completed by an ophthalmologist, Dr. Timothy Young. During the surgery, Dr. Young called for VisionBlue, a staining solution used in cataract surgeries. A nurse during surgery tried unsuccessfully to retrieve the solution from the hospital’s automated medication dispensing system. She then typed “blue” into the system, which gave her the option to receive Methylene Blue.

The nurse took the Methylene Blue to the operating room and told the doctor that she had the drug. A technologist also announced the name of the same drug and then drew up a syringe, which Dr. Young injected into Medlin’s eye.

Medlin suffered toxic anterior segment syndrome. Despite a corneal grafting procedure, Medlin is now blind in his left eye. He filed a lawsuit against the hospital, Dr. Young and his practice, claiming negligent administration of a toxic substance. The lawsuit did not claim lost income.

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A Minnesota Appellate Court has held that expert testimony was required to prove a plaintiff’s claim that the paramedic’s negligent transfer was the cause of a patient’s ankle injury and later resulted in a leg amputation.

Mary C. suffered from various health problems and was a left-leg amputee. After she developed respiratory problems, Mary called an ambulance. When the ambulance arrived, she was being moved from her wheelchair to a stretcher. While she was being moved, she suffered a fractured right ankle. This fracture led to unsuccessful ankle surgeries followed by infection and ultimately the amputation of her right leg.

Mary C. sued the ambulance service, alleging its paramedics were negligent in transferring her to the stretcher and caused her fall and ankle fracture, which ultimately led to the amputation of her right leg. The defendant moved to dismiss, arguing that Mary had failed to serve the required affidavit of expert identification within the statutory time frame. The court granted defendant’s (the ambulance service) motion to dismiss.

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