How to Distinguish Between Medical Malpractice and Wrongful Death
Wrongful death and medical malpractice are two terms that confuse many people. They’re very closely linked, with the key distinguishing feature being that as a result of a medical practitioner’s negligence, you or a family member dies a premature death. Examples of types of medical malpractice that lead to wrongful death include:
Pregnant Woman Has CT Scan After Doctor Error
In 2008, the Banner Thunderbird Medical Center in Glendale, AZ, experienced a “never event” due to a doctor error that prompted a medical malpractice lawsuit.
Kerry Higuera was three months pregnant when she erroneously underwent a CT scan meant for another patient. She went to the hospital’s ER after experiencing bleeding and was surprised when a nurse came to the waiting room and told her that her doctor wanted a CT scan to be done. Kerry states that she questioned the decision, but the nurse reiterated that the doctor wanted an abdominal and pelvic CT scan conducted.
Nursing Negligence and Dementia
A startling trend of nursing home neglect has begun to emerge in recent years. Even worse, cases of nursing home neglect have been shown to be treated far less severely than the neglect of children and even that of animals. It has been revealed that the number of nursing home deaths and injuries caused by neglect or abuse is severely underreported.
Some of the harrowing statistics of nursing home neglect include:
Failure to Diagnose Caused Ed McMahon Months of Pain
In 2007, Ed McMahon, a TV show host, suffered a fall at a Los Angeles home which resulted in a fractured neck. He went to Cedars-Sinai Medical Center the following morning for assessment. Doctors at the hospital did not take an X-ray and failed to diagnose his neck fracture. They discharged him without further investigation.
When Ed continued to experience increasing pain and discomfort, he returned to the hospital. A full assessment was conducted, and it was revealed that he did, in fact, have a fractured neck. Ed underwent two spine surgeries to repair the damage, however, he later claimed that these two surgeries were both botched. He suffered great pain and discomfort for months as a result and indicated that he interrupted his activities of daily living and regular functioning.
Birth Injuries and Erb’s Palsy
What is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus palsy, is a condition whereby your baby cannot use one or both of their arms, shoulders, or hands adequately. The condition presents through the affected limbs being weak, lacking feeling, or completely paralyzed. It is caused by the collection of nerves around your baby’s shoulder being damaged during a difficult delivery.
Unlike cerebral palsy, Erb’s palsy results from direct damage to these nerves as opposed to damage to your child’s brain. Because this injury occurs around the time of birth, it is considered a birth injury.
Anesthesia Errors and Brain Damage
Any medical procedure that you undergo is likely to be conducted with the use of anesthesia. The type of anesthesia that is administered depends on the severity of your medical procedure, and most anesthesia errors tend to happen with general anesthesia and occasionally regional anesthesia.
What are the Types of Anesthesia?
Medical Malpractice Led to Infection Outbreak
As of 22 July 2019, it has officially been reported that an infection outbreak has occurred in patients across Kentucky, Indiana, and Ohio. In a shocking case of medical malpractice, the outbreak was caused by a Mount Sterling doctor who allowed his unlicensed wife to mishandle vaccinations.
The Kentucky Board of Medical Licensure is aware of the situation and has placed Dr. Paul E. McLaughlin on five years’ probation. He has also been ordered to pay $5,000 for assigning the task to his wife who does not have a medical license – ultimately causing the public health crisis.
When Do Anesthesia Side-Effects Become Anesthesia Errors?
The purpose of anesthesia is to ensure that you are comfortable and pain-free during any medical procedure or surgery. There are 4 different types of anesthesia that are used for specific procedures, and the type of anesthesia you receive is entirely dependent on the procedure you are having done as well as your general health and possibly your own preferences.
Types of Anesthesia
Local Anesthesia
Local anesthesia is used for minor, common procedures in which you are fully alert and awake. The anesthesia only numbs the small area of the procedure – such as when you receive stitches
OB-GYN Ordered to Pay $3,000,000 in Birth Injury Lawsuit
In September 2017, a Superior Court jury issued a $3 million dollar verdict against a Dover OB-GYN who was accused of causing permanent nerve damage and paralysis to a newborn’s right arm by forcefully pulling the baby out by his head during delivery.
Though the incident happened in 2008, the baby’s mother did not file a medical malpractice lawsuit until 2014 in New Castle County Superior Court, Delaware. According to court documents, Peter Wong – the OB-GYN involved in the delivery – pulled too hard on the baby’s head and neck while trying to dislodge the baby’s stuck shoulder. Monica Broughton, the child’s mother, stated that Peter Wong did not disclose the risks associated with the procedure to her beforehand.
During the trial, Peter Wong argued that he had not been medically negligent and that the baby’s injuries were as a result of the maternal forces of labor.
Hartman vs Pfizer Wrongful Death Lawsuit
One of the most famous wrongful death lawsuits is the Hartman versus Pfizer Hollywood lawsuit which occurred in the early 1990s.
In 1998, Phil Hartman, a well-known comedian and Saturday Night Live actor, was shot and killed by his wife, Brynn, who then turned the gun on herself and took her own life. What appeared to be a murder-suicide case soon turned into a wrongful death lawsuit, after Brynn’s brother sued Pfizer Pharmaceuticals which manufactured the anti-depressant Zoloft.
According to Brynn’s brother, Brynn had been prescribed Zoloft due to chronic panic attacks, low self-esteem, and depression. His argument is that the drug, which was very popular at the time, drove her to insanity which then caused her to shoot her husband and herself after a late-night argument.