Articles Posted in Hospital Errors

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This appeal to the Minnesota Supreme Court involves a medical malpractice lawsuit brought against the hospital system, Allina Health System. The suit is based on the alleged negligence of independent contractors involved in providing care for a patient in the emergency rooms of two different hospitals owned by the hospital system. At issue is whether a hospital can be held vicariously liable for the negligence of an independent contractor based on the doctrine of apparent authority.

The state court of appeals affirmed the dismissal of the medical malpractice case on the ground that a hospital can be vicariously liable for a physician’s negligence only if the physician is an employee of the hospital. The Minnesota Supreme Court reversed and remanded the case for further disposition.

The plaintiff, Alla Popovich, brought this medical malpractice case as wife and guardian ad litem for her husband, Aleksandr Popovich, alleging that her husband suffered a stroke after receiving negligent medical care in the emergency room of two separate hospitals owned and operated by Allina Health System.
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Bryan O’Neal Roach, 23, went to a hospital emergency room complaining of chest pain. The physician assistant, Amber Harring, examined him. Diagnostic tests were ordered including an EKG, chest X-ray and bloodwork. Harring later discharged Roach after diagnosing atypical chest pain and febrile illness.

Unfortunately, later that morning, Roach died of an aortic dissection. He was survived by his parents.

The Roach family sued Harring, her employer, and her supervising physician, alleging they chose not to order a CT scan in light of Roach’s grossly abnormal chest X-ray, which showed a wide mediastinum. A mediastinum is an abnormal membranous partition between two body cavities or two parts of an organ, especially between the lungs. A widened mediastinum is indicative of an aortic aneurysm or an aortic dissection and other life-threatening conditions. This condition should have been diagnosed and treated as a medical emergency.
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Qiao Chen, 36, underwent an emergency cesarean section to deliver her twins. After the delivery, she experienced severe uterine bleeding and was transferred to the hospital’s post-anesthesia care unit.

Chen’s bleeding continued, her vital signs deteriorated, and she went into hemorrhagic shock. Hemorrhagic shock occurs when the body begins to shut down due to large amounts of blood loss. If the bleeding isn’t stopped immediately, the risk of death is great.

The emergency room staff administered packed red blood cells of fluid. The treating obstetrician, Dr. Thomas Tuan-Tong Lee, attempted to obtain additional blood products, but they were not readily available.
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A South Carolina appellate court has found that a hospital was not responsible to injured patients for choosing not to make sure that a physician had a valid medical malpractice insurance policy in place. Two former surgery patients sued the Laurens County Healthcare System alleging that the hospital was liable for deciding not to ensure that the plaintiffs’ treating surgeon, Dr. Byron Brown, maintain sufficient medical malpractice insurance coverage.

The plaintiffs obtained default judgments against Dr. Brown. They in turn asserted that such a duty was included in the hospital admissions contract, which included “services to be rendered” to the patient. The trial judge granted summary judgment in favor of the hospital.

In affirming the summary judgment order, the appeals panel stated that under the plain language of the admissions contract, it is not reasonable to conclude that the term “services to be rendered” refers to the act of monitoring a treating physician’s compliance with medical malpractice insurance requirements imposed by the hospital. The appellate court also rejected the plaintiffs’ contention that the hospital had negligently granted privileges to Dr. Brown.
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William Pratt, 75, a bilateral leg amputee, went to the Wills Eye Hospital emergency room at Thomas Jefferson University Hospital. He complained of eye pain and tearing. During his medical workup, Pratt’s eyes were dilated. He was then treated with an antibiotic eye ointment.

The attending physician discharged Pratt with a diagnosis of corneal abrasion. Pratt’s vision was impaired. He steered his motorized wheelchair over cement steps while leaving the hospital. He fell over, and his wheelchair fell on top of him, causing him to suffer a spinal cord injury and a subarachnoid hemorrhage.

Pratt underwent surgery but, unfortunately, he later died. He was survived by five adult children. One of the Pratt children, on behalf of the estate, sued Thomas Jefferson University Hospital and Wills Eye Hospital, alleging that its staff chose not to advise Pratt of the need for assistance following his discharge.
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In this medical malpractice lawsuit, the state supreme court of Utah affirmed the decision of the court of appeals, which affirmed the judgment of the district court excluding the plaintiff’s proximate cause expert’s testimony. The state high court held that the district court did not err.

Richard and Deanne Taylor’s daughter, Ashley, was diagnosed at a young age with a neurological disorder that caused her to suffer from spasticity. To control this effect, Ashley received the medication Baclofen through a catheter and an implanted Baclofen pump that delivered it into the thecal sac around her spinal cord.

On April 17, 2013, Ashley woke up suffering from severe shaking in her legs. She saw a physician at the University of Utah Hospital where she received an oral dose of Baclofen. The physician did several tests, which gave Ashley more oral Baclofen and instructed her to return the next day. Although the following day’s tests did not show an obvious sign of a problem, the doctor thought there might still be a problem with the pump. During that time, Ashley kept vomiting and had difficulty keeping down oral doses of Baclofen. After further consultation, the doctor recommended surgery to replace the pump and the catheter connected to it. The surgery was performed the following day. Ashley’s sister later agreed with the statement that Ashley was “back to herself” a day after the surgery.
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Arleisha Hayes suffered from asthma. She was 44 years old at the time of this incident. She experienced shortness of breath when taken by ambulance to Hialeah Hospital. When she was admitted to the facility’s ICU and given a nasal swab, the swab showed no infection.

For the next several days, she was treated with steroids and antibiotics. After her condition improved somewhat, she was transferred to a telemetry floor.

While in the telemetry floor, Hayes developed severe shortness of breath and chest pains. This prompted a nurse to call for a rapid response. The house physician, Dr. Xavier Ramos, a medical school graduate who was not licensed to practice medicine, ordered a STAT chest X-ray and transferred her back to the ICU.
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The Illinois Appellate Court for the First District reversed a summary judgment in favor of the defendant Swedish Covenant Hospital and Dr. Kamal.

This wrongful death and survival action was brought by Shicheng Guo, special administrator for the estate of the deceased, Shiqian Bao. The complaint alleged that Bao was brought to Swedish Covenant’s emergency department after experiencing a severe headache. She underwent a CT scan.

A few hours after being discharged from Swedish Covenant, another doctor reviewed her CT scan and found signs of a brain bleed. Bao was called back to Swedish Covenant for treatment. She chose not to pursue further treatment at Swedish Covenant and instead immediately presented herself to the emergency department at Lutheran General Hospital. Doctors at Lutheran General did another series of tests but did not diagnose a brain bleed and discharged her from the hospital without treatment. Bao died three days later of an alleged brain hemorrhage.
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After undergoing a temporal artery biopsy on an outpatient basis by a general surgeon, Jacqueline Childs developed swelling and paralysis on the right side of her face. She was subsequently diagnosed as having facial nerve neuropathy.

Childs has undergone steroid injection treatments for her facial pain and will require monthly ketamine infusions for the remaining years of her life.

She was in her 50s at the time of the injury and has incurred more than $98,400 in past medical expenses.

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At issue in this case, which ended in the Idaho Supreme Court, was whether the jury’s verdict would stand. A medical malpractice lawsuit was brought by Leila Brauner against AHC of Boise d/b/a Aspen Transitional Rehab (Aspen). The lawsuit arose out of Aspen’s delay in sending Brauner to the hospital following her knee replacement surgery, which was a substantial factor resulting in the amputation of her right leg above the knee at mid-thigh.

After a jury trial, a verdict in favor of Brauner was signed by the jury in the amount of $2,265,204 in damages.

Aspen appealed, alleging that various pre-trial and post-trial rulings were in error and resulted in an unsustainable judgment.
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