Confidential Settlement
Wrongful Death of Resident
We filed this wrongful death case on behalf of the mother of a 47-year-old
resident who died at Defendant’s residential care facility. The
resident suffered from mental retardation and schizophrenia.
Care facility personnel administered medications, including Clozapine,
to the resident on a daily basis. The resident died at the care facility
after having been ill for a 24-hour period. An autopsy determined that
the resident died from Clozapine toxicity. (Confidential settlement)
Confidential Settlement from Multiple Parties
Nursing Home Assault Resulting in Death
W.W., a 48 year old male, suffered a massive stroke and was in a persistent
vegetative state when he was admitted to defendant nursing home A.D.N.,
an 87 year old man living in nursing home B and suffering from dementia,
attacked and injured his roommate and was sent to a hospital for psychiatric
evaluation. Defendant Nursing home B failed to provide a complete history
of D.N.’s past violent behavior to the hospital and then refused
to readmit D.N. The hospital discharged D.N. to the defendant nursing
home A, which did not have a dementia unit and was unaware of multiple
instances of violent behavior on the part of D.N. D.N. was placed in a
room with W.W. Within a few days, D.N. began acting erratically and threatening
violence. Nursing home B refused to provide information to nursing home
A on D.N.’s past behavior and the hospital refused to readmit him.
Six days after admission to defendant nursing home A, D.N. violently assaulted
and killed W.W., (Confidential settlement from both nursing homes, employees
and administrator of Nursing Home A, hospital and treating psychiatrist,
and ambulance company)
Confidential Settlement
Dropped Patient Suffers Femur Fracture
We filed suit on behalf of an 84-year-old female, who was dropped by a
nursing home aid that was attempting to transfer her to a wheelchair.
The nursing home had categorized client as a 2 person transfer. Pursuant
to state regulations the use of a gait belt was mandatory in performing
a transfer. No gait belt was utilized in clients transfer and only one
person rather than 2 participated in lifting her when she was dropped
to the floor. Client sustained a femur fracture and required lengthy hospitalization.
Surgery to repair clients fracture could not be performed due to osteopenia.
Clients fracture eventually healed but the angulation of her injured leg
was approximately 25 degrees out of kilter. (Confidential settlement)?
Confidential Settlement
Hospital Fall, Hip Fracture and Death
J. L. was a ninety six year old male who was found on the floor of his
home by his daughter. He was confused and weakened and dehydrated. He
was hospitalized but his treating physician expected that he would be
released within twenty-four hours. Mr. L. was assessed as at high risk
for a fall by the defendant hospital’s nursing personnel but no
measures were taken to minimize the risk. Mr. L. sustained a hip fracture
when he got out of bed and fell. He underwent surgery to repair the fracture
but died soon afterward from a blood clot. In connection with Settlement
negotiation Dempsey and Kingsland prepared a detailed Powerpoint presentation
that explained all of Mr. L.’s fall risk factors, the material documentation
errors made by hospital personnel and the variety of measures that could
have been employed to minimize and perhaps eliminate the risk of Mr. L.’s
falling. In settling the case defendant hospital requested permission
of Dempsey and Kingsland to use the Powerpoint as a teaching tool at its
nursing school.?
Confidential Settlement
Fall at Nursing Home Results in Multiple Fractures and Death
Client, D. B., a seventy-three year old female, sustained multiple fractures
from a fall at defendant nursing home. Ms. B. required assistance from
walking due to her frail condition. At the time of her fall, a nursing
home aid was utilizing a gait belt but did not have it properly positioned.
Ms. B. required hospitalization for her injuries and died seven days after
her fall.?
Confidential Settlement
Wrongful Death of Nursing Home Resident
This case was filed on behalf of the mother of a 58-year-old resident who
died at Defendant’s residential care facility.
The resident had suffered from severe mental retardation since he was an
infant. The resident also suffered from multiple other conditions including
dysphagia (difficulty swallowing). The resident’s medical records
clearly indicated that he had a history of aspirating food. Consequently,
the resident was placed on a mechanical soft diet with supervision ordered
to take place at every meal. This supervision was necessary to cue him
to eat slowly to help prevent aspiration of food.
READ MORE
Confidential Settlement
18-Wheeler Collision
We filed suit on behalf of a 30 year old female who suffered a serious
low back injury when her SUV was sideswiped and forced off a highway by
an 18 wheel over-the-road truck. The Defendant truck driver was changing
lanes and merged into the lane occupied by our client’s vehicle
when the collision occurred. The Defendant truck driver alleged: That
client’s vehicle was in a blind spot: that client was improperly
passing on the right: and that client had caused her vehicle to strike
the truck. After we filed suit against the truck driver and his employer,
a trucking company, the truck driver and company filed a counterclaim
against client seeking reimbursement for truck repairs.
READ MORE
Confidential Settlement
Rear Ended by Semi Truck
We filed suit on behalf of D.B. after his passenger vehicle was rear-ended
by Defendant’s transport truck. D.B. suffered two herniated cervical
disks, bilateral carpal tunnel and meniscal injuries to his right knee.
Defendant alleged that D.B. suffered from pre-existing conditions and
denied that trauma from the collision was the cause of D.B.’s injuries.
(Confidential Settlement).?
Confidential Settlement
Spinal Infection Causing Paralysis
During a three month period client experienced a dramatic escalation of
low back pain. Client also experienced fever, chills and lower extremity
radiculopathy. Client sought treatment through his HMO on numerous occasions
and was diagnosed with a degenerative lumbar condition. Anti-inflammatories
were prescribed.
READ MORE
$180,000 Settlement
IV Infiltration Injury
Plaintiff was admitted at the defendant hospital for heart problems. The
attending physician ordered a powerful cardio-active drug. The physician
failed to provide specific instructions pertaining to dosage or administration
of the drug despite an FDA advisory indicating that infusion into small
veins should be avoided due to the risk of sloughing of the skin and necrosis.
READ MORE
Full Lifetime Benefits
Shoulder Injury/Fibromyalgia Combined with Pre-existing Psychological Disorder
Our client, who worked in a retail clothing store, sustained a rotator
cuff tear in her right shoulder as the result of a mishap with a clothing
rack. She underwent two surgeries and then developed fibromyalgia, a systemic
pain condition. This pain condition exacerbated her pre-existing bipolar
disorder. The case against her employer for the shoulder injury was settled
and benefits were sought from the State of Missouri for the client’s
inability to work because of the combination of her physical and psychological
conditions. We retained an occupational medicine physician, a psychiatrist,
and a vocational rehabilitation consultant. All testified that she was
no longer able to work. The Missouri Attorney General’s office defended
the claim, denying that she was unemployable. After a day-long hearing,
the Administrative Law Judge awarded full lifetime benefits. The Missouri
Attorney General’s office appealed the decision to the Labor Commission
but the ALJ’s decision was affirmed.
The client’s lifetime benefits are expected to exceed $300,000.
Full Lifetime Benefits
Post Traumatic Stress From Violent Collision En Route in Fire Truck
Our client, a twenty year veteran KCMO fire fighter, was diagnosed with
neck and back injuries and post-traumatic stress disorder after a violent
motor vehicle collision. The client was a restrained passenger in a fire
truck that was responding to a house fire when a KCMO trash truck suddenly
veered into the fire truck’s path. Both vehicles sustained massive
damage from the impact. Client was thrown forward during the collision
and his head struck and shattered the windshield. He was wearing a fire
helmet. He was treated for neck and back injuries and received extensive
psychiatric care for post- traumatic stress disorder. The psychiatrists
who testified on each side of the case agreed that the client was permanently
disabled from working. However, the psychiatrist for the city of Kansas
City testified that the client had pre-existing depression that he had
inherited that explained his disability. Nevertheless, the client’s
medical records documented that he had no significant personal history
of depression and that he had no family history of depression that preceded
the subject collision. After a day long hearing, the Administrative Law
Judge awarded full life time benefits on the basis that the PTSD was related
to the on the job collision. The city appealed the decision to the Labor
Commission but the ALJ’s decision was affirmed.
The client’s lifetime benefits are expected to exceed $1.4 million.
Full Lifetime Benefits
Fibromyalgia & Depression Caused by Work Injuries
Our client, a 32 year old female, was diagnosed with fibromyalgia and depression
resulting from injuries she sustained at her workplace. She required extensive
medical and psychiatric treatment. Nevertheless her two treating doctors
concluded she suffered only mild disability. In addition, both treating
doctors accused her of malingering. At the hearing we produced proof that
the client’s employer had promoted her five times. We also produced
proof that before her injury her attendance and reviews were excellent
and that she had no previous health issues. We also produced proof that
we had developed that the employer’s worker’s compensation
insurance company had retained a private investigator to conduct surveillance
of the client for over 120 hours during the time she was receiving medical
treatment. The investigator took a total of only 30 minutes of videotape
of the client during this period of surveillance. The investigator’s
“cherry picked” videotape was then used by the insurance company
to persuade the client’s treating physicians that she was malingering.
The employer refused to make any offer before the hearing.
After a lengthy hearing, the judge awarded lifetime benefits which are
expected to exceed $1.2 million. The employer did not appeal the judge’s decision.
Favorable Outcome
Motorcyclist Collides with Passenger Vehicle (Policy Limits)
J. L. was riding a motorcycle eastbound at a high rate of speed when an
oncoming vehicle made a left turn into his path. J. L. was traveling at
a speed greatly in excess of the speed limit but investigation revealed
that the defendant driver had an unobstructed view of the motorcycle and
had failed to yield the right of way.
Confidential Settlement
Wrongful Death of Nursing Home Resident
A sixty year old mentally disabled resident fell in a shower at a group
home facility. State law required the presence of a grab bar as a safety
device to help prevent falls. The group home shower lacked a grab bar.
The resident fell sustaining a femur fracture and he died from this complication.
Confidential Settlement
Wrongful Death of Resident
We filed this wrongful death case on behalf of the mother of a 47-year-old
resident who died at Defendant’s residential care facility. The
resident suffered from mental retardation and schizophrenia.
Care facility personnel administered medications, including Clozapine,
to the resident on a daily basis. The resident died at the care facility
after having been ill for a 24-hour period. An autopsy determined that
the resident died from Clozapine toxicity.
The case settled at mediation for a confidential amount.
Confidential Settlement
Fire at Apartment Complex Kills Three – Inadequate Fire Excapes – Non-Working Smoke Detectors
A terrible fire at an apartment complex kills three. With inadequate fire
exits and non-working smoke detectors, a tragedy was waiting to happen
and it did. This matter was settled after a week of trail
Confidential Settlement
Heat Stroke Injury to Football Player
Heat stroke can kill and it can also cause lifelong disability. Rules governing
the conduct of summer football practices in the hot 95 degree sun are
there for a reason. Coaches can put their young players at great risk
by ignoring these rules. That’s exactly what happened here when
the decision to conduct football practice on a day where the on field
temperature was in excess of allowing practice. Full uniforms were required
and little attention given to hydration. Instead, players were taunted
for not performing at full effort. The result has a heat stroke with an
admitting sustained temperature at 106 degrees. The young man can now
no longer engage is sustained temperature raising athletic endeavors without
great risk to his health. A confidential settlement was reached during
litigation.
Confidential Settlement
Drug Overdose
Plaintiff, 63 years old, suffered from osteomyelitis in a great toe and
was hospitalized. An intravenous antibiotic, gentamicin, was prescribed
for approximately 20 days. Gentamicin must be administered with special
care because of the potential risk of injury to the inner ear mechanism
which controls equilibrium. Blood levels of gentamicin must be monitored
to avoid concentrations of gentamicin rising above the therapeutic range
in order to avoid inner ear injury.
Plaintiff’s blood levels were not appropriately monitored and Plaintiff
developed “ototoxicity” (impairment of her sense of equilibrium).
(Confident Settlement).
Confidential Settlement
Private Prison in Care of Young Woman Fails to Provide Any Meaningful Care to Worsening Complications of Appendicitis - Death
Prison cases are difficult. Jurors are not necessarily sympathetic to prisoners
who have acted irresponsibly and are imprisoned. However, we must not
ever tolerate denial of emergency medical care to prisoners. This is exactly
what happened here.
READ MORE
Confidential Settlement
Patient Suffers Worsening Rhabdomyolysis During Hospitalization – Finally Suffers Prolonged Seizure and Brain Injury
A patient while hospitalized over a period of days suffers a worsening
condition called rhabdomyolysis. Her muscles became more and more sore
and immovable. Her lab values show an impending crisis but no timely action
is taken. Finally, the patient suffers a massive cardiac arrest and despite
the prolonged “code blue” resuscitation efforts, the patient
suffers brain injury. A confidential settlement followed litigation of the case.
Confidential Settlement
Urgent Care Clinic Fails to Perform Labs or X-Rays Young Man with Signs of Pneumonia – Death Two Days Following Discharge
Urgent care facilities must know when to respond to an emergency. Too often
this is not the case. In this case, a young man in his thirties presents
himself to an urgent care facility. He does this because his flu-like
symptoms are going into their second week. He previously has presented
himself to another facility (in another state) during a visit with his
parents over the holidays. A detailed and excellent workup was performed
at that time. However, when back in Kansas City, the workup was short
and spotty and ignored his many worsening signs. No labs or x-rays or
other diagnostics were performed. The patient was sent home. He was found
dead two days later in reclining chair. An autopsy showed untreated pneumonia.
His death was avoidable and should not have happened. His mother and father
and sister were devastated. A Confidential settlement was reached.
Confidential Settlement
Family of Man Who Presented Himself to Emergency Room with Clear Suicidal Ideations. Man Kills Himself Within Three Hours
In this tragedy, a young man presents himself to an emergency room with
clear signs of suicidal ideations. Clearly in such a situation, an emergency
room must take appropriate measures and cannot simply refuse the patient
care. However, that’s exactly what happened. The rejected man took
his life within hours. A confidential settlement for the family was reached.
Confidential Settlement
Routine Chest X-Ray Shows Cancerous Lesion on Lung but Patient Not Told for Two Years – Death of 71 Year-Old Woman
In this case, a routine chest x-ray showed a cancerous lesion on the woman’s
chest. Despite this fact, no one remember to tell the woman or to take
any action. Instead, two years passed when the cancer was finally found.
Her caregiver found the two year-old x-ray and asked why on earth she
had not taken action. Of course, it was because no one had told her. By
then, the cancer had grown to such an extent that surgery to remove the
cancer became much more dangerous. The woman died during the surgery.
During litigation, a confidential settlement was reached.
Confidential Settlement
Case Management Firm Liable for Failure to Provide Continuity of Care to Mentally Ill Woman Who Was Insulin Dependent – Death Du
In this case, a patient management firm was in charge of managing and coordinating
care for a mental patient who was also insulin dependent. Due to confusion
in the continuity of care, the patient was allowed to fall between the
cracks and not receive proper management of her diabetes. The result was
that the woman suffered from diabetic shock (ketoacidosis) resulting in
her death. A confidential settlement was reached.
Confidential Settlement
Care Facility in Charge of Caring for Wheelchair Bound Child with Trach Tube Is Ordered to Monitor Trach at 15 Minute Intervals
This case is especially gut-wrenching. A care facility is in charge of
caring for this wheelchair, mentally impaired child with a trach tube
that required constant monitoring. Due to recent trach problems, an order
was made for 15 minute checks by the child’s physician. This was
done due to recent respiratory problems and clogging problems with the
child’s trach. The days that followed were riddled with a record
of miserable monitoring by the facility. How this could have transpired
is inexcusable. The results were tragic with a miserable death for the child.
No cases are sadder than the death of a child. We work diligently on these
cases, but tears flow regularly.
A confidential settlement was reached.
Settlement at Policy Limits
Patient Becomes Addicted to Pain Medications Prescribed by Surgeon – Finally, in Desperation, Patient Takes His Own Life
In this tragic case, a small town surgeon performed 24 separate procedures
on a young man’s knee finally resulting in a total knee replacement
at age 33. The surgeon then proceeded to prescribe large doses of opioids
until the patient became addicted. His addiction worsened over the next
three years until, distraught, the patient took his own life. A terrible
tragedy. The case was settled by the full payment of available insurance
proceeds by the insurer for the surgeon.
Confidential Settlement
IUD Removal – Sponge Left Behind – Terrible Infection Threatens Fertility and Ability to Bear Future Children
In this case, an IUD removal procedure left behind a sponge. This was not
known to the woman until much later when a critical infection and hospitalization
followed. Finally, the sponge was identified and, of course, was the source
of all the problems. This left the woman with such internal damage that
her ability to bear future children was in jeopardy. With the use of a
fertility expert, the case was settled in a confidential amount.
Confidential Settlement
Surgical Needle Left Behind During Chest Surgery
In this case a surgical needle was left behind during chest surgery. Months
later it was discovered on routine x-ray. Of course, it had migrated and
would be dangerous to remove. Therefore, it was safer for the woman to
simply live with this circular shaped needle in her body for the rest
of her life! What a thing to have to live with! After prolonged litigation
focused on whether the retained needle was the fault of the nurses and/or
the surgeon, a confidential settlement was reached.
Confidential Settlement
Drainage Tube Left Behind Following Knee Surgery
In this case a drainage tube was left behind following knee surgery. A
confidential settlement was reached.
Confidential Settlement
Young Girl Suffers Head Injury During Gym Class – School Releases to Parents Instead of Summoning Medical Treatment - Death
In this tragic case, a young girl was injured during gym class when she
ran at full gait into a masonry wall. Despite the loud impact of the girls
head against the wall and her temporary loss of consciousness, the coaches
simply walked the girl to the school “health aide”, a woman
with absolutely no medical training and whose previous on-the-job experience
had been secretarial and fast-food. The health aide called the parents
and gave them a slip of paper that told them to take the child to the
emergency room only if she worsened in condition. The child did not seem
to worsen but stayed the same overnight. In the morning, the devastated
parents found their daughter dead.
Confidential Settlement
Retired Gentleman Suffers Violent Fall Due to Extremely Slippery Runoff in City Park – Strikes Head - Death
A retired couple take a walk in a city park. On the walkway is green runoff
that is mixed with algae and is so incredibly slippery that it is more
like grease. The man slips backwards so violently, that his head is the
first thing to strike the hard pavement. The man dies from his wound.
It is found out through investigation that the man is not the only person
who has suffered such violent slip and falls on the green algae runoff
and that the problem was well-known to the city. Multiple witnesses were
contacted as a result of our firm repeatedly canvassing the neighborhood
for all those who had knowledge of this dangerous condition. A confidential
settlement was soon reached at near the maximum allowable recovery allowed
against municipalities.
Confidential Settlement
Young Child Horribly Burnt by Apartment Complex Hot Water Heater Set to Greatly Excessive Temperature
A young child of tender years is placed in a tub by an older child who
turns on the hot water. The water is set so excessively hot by the apartment
complex that the child suffers horrible burns to her feet and legs before
her mother can rescue her. A confidential settlement was reached.
Confidential Settlement
Colonoscopy Fails to Detect Malignant Tumor
Our client, a 39 year old male, experienced a sudden onset of rectal bleeding
and was hospitalized for evaluation of his colon. A gastroenterologist
performed a colonoscopy and an EGD (upper G I study) and diagnosed plaintiff
with diverticulosis ( a benign pouching condition) in the lower portion
of the colon. The gastroenterologist gave the client dietary instructions
to help prevent further episodes of diverticulosis symptoms.
READ MORE
Cardiac Death
Medical Malpractice
Patient’s Sudden Cardiac Death Follows Hospital Discharge Without
Protective Device that Patient’s Cardiologists Had Recommended-
The family of John Doe has settled a wrongful death case against a physician
arising out of communication errors that culminated in Mr. Doe’s
dying from cardiac arrhythmia. Mr. Doe’s death occurred after he
was discharged from a Missouri teaching hospital without a commonly prescribed
wearable device that administers a defibrillator shock to the heart to
restore normal heart rhythm when the patient experiences certain types
of cardiac arrhythmias. One of the many physicians who participated in
Mr. Doe’s care had recommended this device to Mr. Doe and Mr. Doe
had specifically requested it. Nevertheless, none of Mr. Doe’s physicians
placed an order for the device from the manufacturer. The defendant physician
authorized Mr. Doe’s hospital discharge without the device despite
Mr. Doe’s cardiac status that placed him at high risk for a fatal
arrhythmia. Four days after discharge, Mr. Doe experienced sudden arrhythmia
and he collapsed at his home. A family member called 911 and ambulance
personnel responded. All efforts to revive Mr. Doe failed. In addition
to settling the case for $700,000, the hospital that employed the defendant
physician announced that it has taken measures to improve communication
between hospital personnel.
READ MORE
Confidential Settlement
Misdiagnosis of Heart Disease
Plaintiff, a 45 year old male, reported to a local emergency room when
he experienced chest pain. An EKG and blood testing revealed that he had
experienced a myocardial infarction, but had suffered no damage to his
heart muscle. Plaintiff was admitted into the hospital for observation.
His chest pain continued. Plaintiff’s physicians diagnosed him with
pleurisy (an inflammation of the lining of the heart). In fact, Plaintiff’s
chest pain was not from pleurisy, but rather from unstable angina due
to blockage in his coronary arteries. The appropriate treatment for this
condition was rapid stabilization followed immediately by coronary bypass
surgery. Because of the misdiagnosis of pleurisy and the failure to timely
intervene, Plaintiff suffered a myocardial infarction. The case was settled
shortly before trial. (Confidential Settlement).?
Confidential Settlement
Birth Injury Causing Death of Infant
This is a catastrophic injury/death case arising out of the improper positioning
of a venous catheter (UVC) into the heart chamber (right atrium) of a
hospitalized, preterm infant. The malpositioning of this UVC resulted
in the device eroding through the heart wall. Because the UVC was being
used to infuse total parenteral nutrition (TPN), the TPN began to flow
into the pericardial sac (the lining surrounding the heart into which
the heart beats). As TPN began to fill the pericardial sac (to cause a
condition known as cardiac tamponade), the infants heartbeat drastically
slowed to the point where no pulse measurement could be obtained. The
infants cardiac depression lasted over one and one half hours and she
suffered massive and irreversible brain damage.
READ MORE
Confidential Settlement
Improper Treatment Leading to Amputation
Plaintiff, a diabetic, suffered a foot infection which proved resistant
to a prescribed antibiotic, administered over a period of months by his
family doctor. Foot infections in a diabetic patient must be carefully
monitored. Diabetic patients are prone to vascular deterioration which
lessens the effectiveness of antibiotics which are administered orally
or intravenously. Plaintiff’s infection, which smoldered over a
period of months, suddenly grew dramatically worse and Plaintiff required
a Lisfranc amputation (approximately one half of Plaintiff’s foot
required amputation). (Confidential Settlement).?
Confidential Settlement
Failure to Diagnose Colon Cancer
Plaintiff, a 39 year old male, experienced a sudden onset of rectal bleeding
and was hospitalized for evaluation of his colon. A gastroenterologist
performed a colonoscopy and an EGD (upper G I study) and diagnosed Plaintiff
with diverticulosis ( a benign pouching condition) in the sigmoid (the
lower portion of the colon). The gastroenterologist gave Plaintiff dietary
instructions to help prevent further episodes of diverticulosis symptoms.
READ MORE
Confidential Settlement
Mal-positioning of Umbilical Catheter Causes Catastrophic Injuries
We represented the parents of a newborn who sustained serious injuries
as the result of the improper positioning of a venous catheter (UVC) into
the heart chamber (right atrium) of a hospitalized, preterm infant. The
malpositioning of this UVC resulted in the device eroding through the
heart wall. Because the UVC was being used to infuse total parenteral
nutrition (TPN), the TPN began to flow into the pericardial sac (the lining
surrounding the heart into which the heart beats). As TPN began to fill
the pericardial sac (to cause a condition known as cardiac tamponade),
the infants heartbeat drastically slowed to the point where no pulse measurement
could be obtained. The infants cardiac depression lasted over one and
one half hours and she suffered massive and irreversible brain damage.
READ MORE
Confidential Settlement
Newborn Sustains Injury from Testicular Torsion
Our client, a newborn, sustained injury from late diagnosis of testicular
torsion. Our investigation revealed that there existed uncertainty as
to whether the testicular torsion had developed in utero such that injury
could not be averted. Nevertheless, the medical chart recited information
that could be interpreted to show that the torsion had developed after
the child’s delivery and it had been missed on numerous occasions
during the child’s treatment.
Confidential settlement
Commercial truck parks illegally in apartment parking lot with ‘lift’ left operational – Children ride it up and down until youn
There is a reason why commercial vehicles should not be parked around small
children. Here, the driver of a commercial vehicle with a lift mechanism
in the back parked his vehicle in an apartment complex where many children
lived and played. The driver left the lift fully operational so that children
could ride up and down by operating the lever on the back of the truck.
A young girl was taking a ride on the lift when her foot was horribly
crushed leading to the amputation of part of her toes and foot.
Confidential Settlement
Terrible Bed Sores at Hospital to Man in His 50’s
In this case, a man in his fifties, with no prior issue with immobility
of skin integrity, was hospitalized while on pain medications and otherwise
in and out of consciousness. One of the important things in a situation
like this is that the patient must be routinely repositioned in order
to avoid the development of pressure sores. This wasn’t timely done
and the patient developed pressure sores.
READ MORE
Confidential Settlement
Patient Develops Bleed Following Routine Surgery – Transferred out Back to Floor – Surgeon Never Notified of Dire Symptoms - Dea
A man undergoes routine surgery at a small city hospital. He is placed
in the recovery room for only a short hour following the procedure. He
is then sent to “the floor” when his vitals immediately take
a turn for the worse. Despite this, the staff does not timely inform the
surgeon, who has left the hospital. The patient then continued to bleed
to death and dies within three hours. A confidential settlement was reached.
Confidential Settlement
Suicide Patient Is Admitted for ‘Constant Watch’. He Is Not Constantly Watched and Kills Himself with 24 Hours
A man with severe suicidal ideations is properly admitted and is to be
under constant observation and watch. However, he is not. Instead, he
is allowed to construct a noose and to hang himself within 24 hours of
his admission. A confidential settlement was reached with the facility.?
Confidential Settlement
Failure of Hospital Caregivers to Respond to Signs of Morphine Overdose in Elderly Patient – Failure to Timely Transfer – Death
Surgery on the elderly presents special duties on the part of medical caregivers.
For example, many elderly patients cannot handle opioids and similar ‘respiratory
depressants’ as well as younger patients. Monitoring of such patients
during and following the administration of sedatives and pain medication
is a must. If it is not done, dire consequences can result. That is what
happened with this ninety-two year old man who lost his life unnecessarily
when he was simply given too much morphine and then not monitored carefully
during the next few hours. During litigation, a confidential settlement
was reached.
Confidential Settlement
Nursing Home Fails to Reinstitute Blood Thinners Pursuant to Doctor’s Order – Stroke and Death
A nursing home is required to carefully follow the orders of the patient’s
physician. In this case, this did not take place. The woman, who was a
resident of a nursing home had been ordered to temporarily discontinue
her blood thinners for three days. Then, the blood thinners were to be
resumed. However, the blood thinners were not resumed. Within three weeks
the woman had developed a clot in her leg necessitating life-saving hospitalization
for a week. Although she was released, she was not out of danger. Within
a matter of days, her condition turned for the worse as the previously
non-dissolved clot broke loose causing her death. This matter was resolved
short of litigation in a confidential settlement.
Confidential Settlement
Wheelchair Patient Not Properly Secured in Transportation Van
A patient at an assisted living facility is transported by the facility
van but his wheelchair is not secured within the van. Neither is the patient
seat belted. When the van comes to a sudden stop, the patient is thrown
about inside the van suffering fracture injuries to his ankle as well
as other injuries. The patient is so injured that he soon makes to choice
to desist his life saving dialysis and makes the sad choice to leave his
family early. A confidential settlement is soon reached.
Confidential Settlement
Failure of Nursing Home to Respond to Signs of Demerol Toxicity in Elderly Patient – Failure to Timely Transfer to Hospital – De
Demerol is a dangerous opioid. The FDA gives a ‘black box’
warning to all medical caregivers for its use. If it is not administered
with the greatest care, death can result, which is exactly what happened
in this sad case. In fact, the physician in charge of the patients care
at a nursing home didn’t even know what a ‘black box’
warning was. The staff essentially ignored his worsening condition until
it was too late. A confidential settlement was entered into during litigation.
Confidential Settlement
Mental Patient with Condition Requiring Careful Monitoring Is Transferred to a New Facility – but No One Tells Them of This Pati
This young man suffered from a compulsive disorder called polydipsia, a
condition also known as compulsive water drinking. Believe it or not,
this can kill. Despite this fact, the condition is one that can be safely
monitored by limiting access to water and watching the patient. This was
done successfully for several years.
READ MORE
Confidential Settlement
Elderly Patient at Nursing Home Dropped While Being Lifted by ‘Sit to Stand’ Lift – Fractured Leg and Death
In this case, a patient requiring a two person lift was instead aided by
a single nurse. The device she attempted to use as a ‘sit-to-stand’
device. The battery was near dead, so in the middle of the maneuver, the
machine suddenly stopped causing the patient to fall fracturing his leg
in more than one place. Despite the above, the facility waited six days
before taking the gentleman to the hospital. His multiple fractures were
then immediately diagnosed. After several weeks of treatment, the elderly
patient died. A confidential settlement was reached.
Confidential Settlement
Urgent Care Facility Turns Away Young Child with High Temperature and Alarming Vitals – No Labs Ordered – Child Dies Hours Later
Parents take their very sick child to an Urgent Care facility. The child’s
vitals are so dire that almost any emergency room would have immediately
admitted her and quickly given her life-saving antibiotics. Instead, the
four-year old and her parents were sent home assured that there was nothing
too serious. Within hours, the girl died. Her devastated parents came
to our firm and we successfully prosecuted their case.
$1.3 million settlement
Opioid Addiction Settlement
The opioid crisis has been created by many factors including physicians
that do not adhere to guidelines for the safe prescribing of pain medications
to patients with pain conditions. In this case, the prescribing physician
allowed for the dispensing of pain medications many times over what was
recommended by the Center for Disease Control leading to addiction and
dependency to the patient. Not only is the physician sometimes responsible
but often the institution at which the physician practices can be held
liable for failure to supervise and monitor.
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Confidential Settlement
I.V. Infiltration of Man in Fifties While Hospitalized – Terrible Injury to Arm – Skin Grafts and Plastic Surgery
I.V. Infiltration is often the source of terrible and unnecessary injury
during hospitalization. Most patients admitted to a hospital will receive
an IV containing fluids, medication, or a combination of the two. Several
commonly administered IV fluids and medications have the potential to
cause serious injury if the fluid escapes the vein and “infiltrates”
into the surrounding tissue. These “extravasation” injuries
are frequently the result of medical negligence.
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Confidential Settlement
I.V. Placed ‘in Field’ by Ent’s Not Replaced at Hospital – Terrible Infection and Death of Patient
An I.V. placed in “the field” by E.N.T.’s or ambulance
personnel, must be quickly replaced once the patient arrives at the hospital.
If they are not, they become an infection risk. The Center for Disease
Control sets for specific requirements that hospitals must adhere to so
that these can be timely replaced. In this case, the I.V. placed by the
ambulance personnel (after the patient had been stuck by a car while walking
his dog) was not replaced. The patient developed an infection in his arm
that became much worse over the next weeks and month. The patient eventually
died due to his infection. Litigation followed resulting in a confidential
settlement with the family.
Confidential Settlement
Wrong Hip X-Rayed – Results in Physical Therapy to ‘Fractured’ Hip – Terrible Disruption of Joint
A woman is admitted to the hospital. She suffers a fall on her right side.
She is soon taken to radiology due to her complaints of right sided pain.
Unfortunately, she is x-rayed on the left side. Of course, the x-ray shows
nothing abnormal. Even her physician comes to her room and holds the x-ray
and explains that nothing is abnormal. Of course, not only is the film
labeled as the “left” hip, but the radiology report clearly
indicated is of the left hip.
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Confidential Settlement
Negligent Transfer of Unstable Patient at Hospital - Death
This tragic case took place at the V.A. Hospital in Kansas City. The patient
was critically unstable with serious cardiac conditions. A nurse, wishing
to transfer the patient to a different department is required to follow
strict protocols. Sometimes these protocols call for continuance of heart
monitoring during the transfer with accompanying registered nurses. This
was required in this situation. However, the attending nurse failed to
adhere to these safety guidelines with disastrous results to the patient.
During the unassisted transfer, with absolutely no heart monitor (or any
other monitor in place), the patient suddenly suffered a “code blue”
heart and breathing crisis. With no one in the vicinity, so much time
passed to get help that the patient died. A confidential settlement was
reached for the family.
Confidential Settlement
Hospitalized Patient Given Excessive Methadone Along with Percocet, Morphine and Oxycontin - Death
It is sometimes beyond belief some of the things we witness as medical
malpractice lawyers. This case was one of them. This forty-four (44) year
old mother had the misfortune to be hospitalized with a condition associated
with pain. While hospitalized, her caregivers proceeded to administer
a wide range of pain medications in great excess of anything recommended.
Methadone was given along with Percocet, morphine and Oxycontin. But that
wasn’t all. Mixed in was a cocktail of other muscle relaxers and
respiratory depressants. The tragedy took place when the patient quit
breathing and no one noticed until it was too late. A confidential settlement
was reached with the hospital and “caregivers”.
Confidential Settlement
Child Intubated Incorrectly - Death
In this tragic case, a one-year old underwent an emergent intubation. Safe,
emergent intubation mandates proper training so as to ensure the breathing
tube is places in the airway. A simple test during the crisis ensures
the flow of air into the diaphragm. This wasn’t done. Instead, the
child died unnecessarily. A horrific tragedy for all involved. A confidential
settlement was reached.
Confidential Settlement
Rehabilitation Facility Overmedicates 37 Year-Old Woman, Then Ignores Rapidly Declining Respiratory Condition During the Next 72
This case was especially maddening because of the attempted cover-up.
A 37 year-old wheelchair bound woman is hospitalized at a rehabilitation
facility for purposes of reconditioning and strengthening. She is greatly
over-medicated. During the stay at the facility, her mental condition
greatly declines. This is unprecedented for the otherwise alert woman.
However, her caregivers ignore the many signs of over-medication. Her
condition becomes so bad that she becomes incontinent, a problem she has
never experienced. Her condition then worsens and she quits breathing.
Her caregivers are so inept that they fail to order an immediate ‘code
blue’. In other words, even at the end, the woman could have been saved.
This woman leaves behind a husband and father. After litigation and discovery
that disclosed an abundance of medical information hidden from her medical
records, a confidential settlement was reached.
Confidential Settlement
New Trach Tube Becomes Clogged Within Hours Following the Hospital Discharge of This Mentally Infirmed Woman
While hospitalized, this mentally infirmed woman had to have a tracheostomy.
The trach tube is something that requires regular maintenance and must
occasionally be suctioned clear by a device made just for this purpose.
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Confidential Settlement
Off-Duty Nurse Is Hospitalized for Knee Complaints – She Is Over-Medicated and Dies from Respiratory Depression Overnight
This is one of those cases that still makes me angry. In this case, an
off-duty nurse is hospitalized for the most routine of things –
a knee that has been in pain. It was thought that she might undergo surgery.
During the night, she is over-medicated.
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Confidential Settlement
Mental Hospital Patient on Multiple Drugs Is Allowed Access to the Pantry and Unlimited Amounts of Peanut Butter – Chokes to Dea
Mental patients on psychotropic drugs experience many effects from their
drugs, one is dry mouth. In this case, the patient was supposed to be
continuously monitored but, he was not. Instead, he was allowed access
to the pantry where he opened a commercial sized container of peanut butter
and while attempting to eat it choked to death. No one was there to watch
him or to prevent his agonizing death.
If it can be believed, this was NOT the first patient at this facility
that had died while choking on peanut butter. Despite this, the facility
did not change its practices.
During litigation, a confidential settlement was reached.
Confidential Settlement
Death of Young Man During Conscious Sedation While Having Wisdom Teeth Removed
A young man goes to an oral surgeon to have his wisdom teeth removed. Conscious
sedation (also called procedural sedation) is used. This procedure mandates
careful monitoring of all vitals with careful attention to the need to
slowly ‘titrate’ the sedation drugs so as to ensure the patient
does not become inadvertently over sedated, especially to the point that
the patient loses his breathing reflexes. In that situation, sedation
can become deadly. The physician must be able to safely recognize the
medical dilemma if it develops and then to immediately act to reverse
the situation and to resuscitate the patient. In this case, none of this
occurred and the young man was allowed to die in the dental office. This
was an especially tragic and heart rendering case. It settled during the
third day of trial.
Confidential Settlement
Inexperienced Resident Allowed to Perform Complicated Procedure on Elderly Patient – Partial Paralysis
Complicated procedures must be performed or supervised by competent experienced
physicians. It is not allowed for inexperienced residents to perform such
procedures when not carefully supervised by experienced, knowledgeable
surgeons. Unfortunately, this is exactly what happened to our client when
a resident was allowed to perform a procedure on this elderly woman.
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Confidential Settlement
Mother of Ten Year-Old Discharged Too Soon Following Weight Reduction Surgery – Tachycardic – Patient Soon Dies from Pulmonary E
Pulmonary embolism is a great risk for many surgeries. Its signs and symptoms
much be carefully monitored. If they are not, tragedy can result.
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Confidential Settlement
Serious Infection from Iud Placement Causes Profound Heart Damage – Confidential Settlement
Serious Infection from Iud Placemen
The placement of an IUD can often be followed by infection. In this event,
it is often critical for the physician to immediately remove the device
(despite its cost) and to perform cultures to identify the infectious
agent. In this case, the physician did neither, against the recommendations
of the manufacturer of the device and contrary to standard of care. The
result was a catastrophe of events including an infection that nearly
cost the life of the patient. Unfortunately, the infection, within months,
traveled to the woman’s heart (endocarditis) necessitating heart
valve surgery. During litigation, a confidential settlement was reached.
Confidential Settlement
Endoscopy and Dilation Causes Death of Woman
This tragic case took place at a small hospital. The general surgeon elected
to perform an endoscopy and dilation for a woman who was with few if no
limitations or complaints. Due to the potential danger of the procedure
(dilation), it is recommended only for patients who have a history of
reflux or other digestive problems. The surgeon in this case, perhaps
to make way for easier use of the endoscope, made the decision to dilate.
The result was perforation soon followed by the death of the patient.
A Confidential settlement was reached during litigation. The woman was
survived by her grown son.
Confidential Settlement
Elderly Patient Undergoes Laser Procedure in Groin Despite Contraindication Due to Prior Radiation Treatment – Terrible Burns -
An elderly man is subjected to laser treatment to his groin despite the
fact that he is clearly not a safe candidate for such a procedure due
to his advanced age and due to the fact that he has previously undergone
extensive radiation treatment in the same area, a clear contraindication
for laser treatment. As a result, he suffers terrible burns resulting
in his tragic death weeks later. A confidential settlement is reached
during litigation.
Confidential Settlement
Catheter Inadvertently Left Behind During Routine Surgery - Terrible Infections and Surgery Follow
A Catheter is inadvertently left behind during a routine procedure. The
patient develops recurrent infections until this source of the mishap
is eventually discovered. A confidential settlement is reached with the
insurer for the surgeon.
Confidential Settlement
Sponge Left Behind During Surgery – Surgeon Fails to Inform Patient – Patient Discovers Later – Infection and Surgery Follow
A sponge left behind is one of the most dangerous foreign objects because
it is a focus point of recurrent infection, even life threatening infection.
In the case, the surgeon, despite a suspected wrong sponge count, failed
to inform the patient, putting him at even greater risk. Of course, this
patient soon developed a near life ending infection that, luckily, ended
with his care givers timely figuring out the source of the infection in
time to perform surgery and remove the retained sponge. A confidential
settlement was reached with the insurer for the surgeon.
Confidential settlement.
Hyperbaric Chamber Injury – Loss of Hearing in One Ear
Hyperbaric chambers for healing are sound but must be administered with
care. In this case, an inexperienced and improperly supervised technician
changed the pressure at a rate greatly in excess of that allowable. The
worst part of the case was the attempted cover up by the technician.
Confidential settlement.
Laser Assisted Liposuction Results in Terrible Burns
Laser assisted liposuction requires appropriate guidelines that must be
followed with precision. Manufacturer’s guidelines must also be
strictly adhered to. When these guidelines are not followed, terrible
burns can result. That is exactly what happened in this case. A confidential
settlement was reached for the 44 year old women in question.
Confidential settlement
Surgeon Fails to Inform Patient That He Had Never Attempted Surgery Before – Serious Complication
In this case, the surgeon attempted to perform a laparoscopic removal of
a grossly enlarged spleen using a surgery tool called a cutter-stapler.
The medical literature mandates that the surgeon be greatly experienced
before attempting such a procedure as the primary surgeon. However, in
this case, the physician failed to inform the patient of any of these
facts. Unfortunately, a very serious complication ensued requiring multiple
hospitalizations and a permanent injury. After extensive litigation, during
which the above information was learned, a confidential settlement was reached.
Confidential Settlement
Insulin Dependent Mental Patient Allowed to Elope from Nursing Home - Death
A man with a mental disorder was placed in a living facility. The man also
was an insulin dependent diabetic who had to regularly receive his insulin
or risk dire consequences. Despite this fact, the facility allowed the
man to leave without contacting the family or the authorities until so
much time had passed that it was near impossible to locate him. The man
was found two days later so ill from ketoacidosis and diabetic shock that
he soon died. A confidential settlement was reached with the facility.
Confidential settlement
V.A. Fails to Communicate Dire Report of Lung Lesion on X-Ray – Veteran Has No Idea He Has Lung Cancer – Cancer Progresses Witho
A veteran has a routine chest x-ray. The radiologist warns of a suspicious
lesion on the chest of the veteran. Despite this, the patient is never
informed. Two years are allowed to pass without the patient knowing of
the dangerous condition that could have been successfully treated. Instead,
his cancer became inoperative and fatal. During litigation, our lovable
client died. A satisfactory settlement was reached though with his heirs.
A true tragedy.
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Confidential Settlement
Failure to Diagnose Melanoma in Woman
A Kansas City woman relied upon her principal care doctor to review a growth
on her foot. The doctor observed and noted its changing condition for
well over a year. Despite clear indication that an immediate referral
to a dermatologist was needed, nothing happened. Finally, when it became
much worse, the referral was made. It turned out to be melanoma. Unfortunately,
the delay was such, that the cancer had already spread to a lymph node,
making the chance for a full recovery significantly less.
It is well hoped that a full recovery will be made. However, only time
will answer this question. This patient settled her case at a confidential sum.
