Medical Malpractice Archives

Doctors order needless tests to avoid medical malpractice claims

Doctors in Ohio and across the nation are fearful of medical malpractice claims. In fact, it is known that doctors often engage in what is called "defensive medicine" in an effort to prevent a medical malpractice lawsuit. Defensive medicine occurs when a doctor orders unnecessary tests and procedures solely to protect him- or herself from a possible claim of medical malpractice.

Ohio high court: patient needed proof of injuries

In most states, medical malpractice plaintiffs are required to retain expert testimony before a medical malpractice lawsuit can be filed. Ohio, however, is not one of those states. There is no requirement in Ohio for plaintiffs to retain expert testimony, but according to a recent ruling in an Ohio court, a patient's case was dismissed precisely because such testimony wasn't provided. The result? A surgeon was let off the hook.

Medical Malpractice and Wisdom Tooth Surgery

The family of a young man who was left brain dead and eventually died following wisdom tooth surgery was awarded $700,000 for medical malpractice by a Franklin County, Ohio jury. The family, represented by attorneys Tim Van Eman of Lamkin, Van Eman, Trimble & Dougherty, alleged that the oral surgeon performing the surgery administered far too much anesthesia and then failed to realize when the patient went into cardiac arrest as a result. The young man suffered severe, irreversible brain damage and was in a permanent vegetative coma for five years before passing away. The family sought compensation for the suffering they endured, having sent their son and brother off for a routine procedure only to get him back permanently brain dead and being kept alive by a morass of tubes and machines.

Operating Room Fires and Medical Malpractice

Recently the Today Show on NBC highlighted a young woman who was undergoing a simple surgical procedure to remove a mole from her face. During the course of the surgery a flash fire occurred which led to second degree burns over her face and mouth leaving her permanently scarred and disfigured. Most people never even consider the risk of a fire when they undergo surgery. However, there has been an increase in the rate of surgical fires. In recognition of the increased incidence of surgical fires, the FDA issued a new initiative to help prevent their occurrence. Surgical fires occur when oxygen, alcohol prep and an ignition device come together. This triad is occurring more frequently due to increased use of lasers and electrocautery devices. It is recommended that patients discuss the risk of fire with their doctors before the operation.  These flash fires are preventable. The operating room staff needs to be aware of the risks and the circumstances under which these fires can occur. When they do occur the outcome can led to devastating and permanent injuries, even death, resulting in possible medical malpractice.  For more information on operating room surgical fires see: www.fda.gov/Drugs/DrugSafety/SafeUseInitiative/PreventingSurgicalFires/UCM20026140.htm

Medical malpractice settlement - failure to diagnose stroke

$775,000 settlement reached for medical malpractice due to Ohio emergency physician's failure to diagnose and treat patient's stroke.

Ohio patient can add emotional distress to malpractice suit

When you go to the doctor, you expect to receive proper medical attention. You put your trust in physicians and do not expect them to make mistakes. However, sometimes doctors fail to provide correct treatment or to accurately diagnose their patients. A recent article from The Columbus Dispatch details an ongoing case related to one doctor's failure to diagnose a patient.

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