IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. As it was, Murray did not suffer any brain damage; her injuries were limited to the spinal cord. 2. During this pandemic of huge proportions, effective charting is a sure way to help reduce providers’ malpractice liability risk. 4. Often improper charting leads to adverse consequences for the defense in medical malpractice litigation. The reversal of the lower court’s summary judgment ruling allows the medical malpractice to proceed. Price-Gordon’s shift ended at 3:30 p.m. and a new nurse took over the responsibility for Murray. On June 29, 2014, Elza Garzon underwent an endoscopy (a procedure used to visually examine the upper digestive system with a tiny camera on the end of a long, flexible tube) performed by Steven Batash, M.D. Careless Handwriting: Something as minor as reading an A as an O can cause patients harm.  “A Texas case involving a filled prescription which was misread because of illegibility resulted in a $450,000 verdict against a physician; jurors said they were angered that the patient died because of illegible handwriting and indicated their verdict would have been higher had the patient’s attorney asked for more compensation.”   – MSV.org. For example, in instances in which a person is deceased due to medical malpractice, the claim must be pursued by a personal representative rather than the deceased individual. AMY SMITH - Plaintiff. The first step is to call so that you can discuss your case with a lawyer who truly understands medical malpractice … Medical malpractice can take an unbelievable toll on you and your family. A Legal Nurse Consultant can help a plaintiff attorney recognize where these charting errors have occurred.  Often these errors are determiners in whether a case holds merit and can be brought to settlement. determine in medical malpractice cases due to the inherent complexities in the facts of a particular case (which may include multiple acts of negligence; multiple parties and/or a long course of treatment). However, after deliberating for only one hour, the jury instead returned a verdict in favor of Nurse Price-Gordon. Meaning if the records are incomplete, inaccurate, illegible, or altered the plaintiff attorney has very strong merit to pursue the case. However, when they relayed this information to Price-Gordon, they testified that she stated that Murray had received too much morphine. Roughly two months after the double bypass operation that … In medical malpractice lawsuits, documentation is key in proving both the plaintiff’s and defendant’s cases. Fields left blank: If the question was answered, even with a negative or unknown answer this should be made known in the medical record.  For instance if the patient has no known drug allergies, instead of just leaving the drug allergies section blank, NKDA should be recorded in the field. Required fields are marked *. What Substantiates a Medical Malpractice Lawsuit, AMERICAN COLLEGE OF SURGEONS │Standard of Care Guidelines for Concurrent Overlapping Surgeries, Autopsies Help Establish Merit in a Medical Malpractice Case, WRONG SITE SURGERY OCCURS FREQUENTLY and LEADS to MEDICAL MALPRACTICE CLAIMS: wrong body part, wrong patient, wrong surgical procedure, New American College of Cardiology and American Heart Association High Blood Pressure Guidelines Lower Definition of Hypertension, EMERGENCY ROOM MEDICAL MALPRACTICE │ What goes wrong and why. At the close of the Illinois medical malpractice trial, the plaintiff asked the jury to return a $9.3 million verdict. Proper charting of medical records is imperative in providing safety and proper standard of care for patients.  Often improper charting leads to adverse consequences for the defense in medical malpractice litigation.  The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case.  Meaning if the records are incomplete, inaccurate, illegible, or altered the plaintiff attorney has very strong merit to pursue the case. Â. Plaintiff Darla Keck underwent a sleep apnea procedure performed by defendants Dr. Chad Collins and Dr. Patrick Collins. Proper charting of medical records is imperative in providing safety and proper standard of care for patients. Dolores Murray had undergone a cervical laminectomy at the University of Illinois Medical Center in order to treat her long-standing cervical stenosis, i.e. Another Justice Department study, using data collected Furthermore, they relayed that Nurse Price-Gordon told them she was going off duty, but would inform the nurse taking over for the next shift. The defendant nurse, Diana Price-Gordon, was responsible for monitoring Murray’s care during the day shift. While the plaintiff relied more on the lack of documentation in the medical chart, the defendant relied more heavily on medical experts’ testimony to prove her case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Box 3, Woolwich, Maine 04579     Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Price-Gordon performed an initial assessment of Murray’s vital and neurological signs at 8 a.m., which was in line with the standard procedure. 3. Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection – Monahan v. Dr. Joseph Giordano Special damages, damages that are generally expenses linked to the medical malpractice case such as medical bills and reimbursement for lost income due to time missed at work. In the Illinois medical malpractice lawsuit of Dolores Murray v. Diane Price-Gordon, R.N., 06 L 9083, the plaintiff was unable to convince the jury that the defendant nurse had acted negligently. Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in Miller v. Edward Hospital. 5. The contact form sends information by non-encrypted email, which is not secure. She was later diagnosed with central spinal cord syndrome and continues to have paralysis of both her upper extremities. According to the physician orders, the nursing staff was to check Murray’s neurological and vital signs every four hours. Price-Gordon testified that if she had found Murray non-responsive that she would have immediately called for emergency assistance. According to all reports, the surgery was a success, but Murray remained in the hospital for further monitoring and care as a precautionary measure. 1. The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case. Rule of thumb? In many medical malpractice cases filed in New York, the court dismisses the case due to procedural errors, regardless of whether the plaintiff has a valid claim. The 2018 lawsuit Schaetzel vs Mercy Health Services-Iowa illustrates how documentation and professional conduct can be key factors in litigation. In the case, William was the temporary guardian for his father-in-law, Harold, who was admitted to the hospital for … In a medical malpractice case, damages may consist of the expense of extra medical treatment, and income that the plaintiff has lost or will lose by being not able to work. Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports – Salinas v. Advocate T 207.650.9238. As a result, his wife died on the operating table. $7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit. At 4:30 p.m., the chart shows that the new nurse found Murray in her chair, unresponsive and with profoundly low blood pressure. Medical documentation: In a medical negligence case, the patient’s medical chart is of utmost importance. Request for Production of Documents The plaintiff contended that Price-Gordon chose not to properly monitor Murray according to the physician’s orders and chose not to reassess Murray after giving the blood pressure lowering medicine. The malpractice suit was brought by Stanley Schwartz, an extremely well-known and successful plaintiff’s attorney in Michigan. In addition, the pandemic has led to court closings across the country, which means that trials for pre-COVID litigation aren’t likely to occur until January at the earliest. The defendants had presumably anticipated this outcome as they had made no offer to settle either prior to or during the trial. Surgeons guilty of medical malpractice may make errors due to insufficient preoperative planning, poor communication, fatigue, incompetence, or operating under the influence of drugs or alcohol. Even winning a case is no guarantee the plaintiff will see any real cash forthcoming. Medical malpractice is not limited to surgery, and the case of Paul Lozano illustrates this better than any other example. Medscape Business of Medicine, Sept 25, 2013. If you sustained damages due to negligent treatment by a healthcare provider, it is critical to retain a skilled Maryland medical malpractice attorney to assist you in gathering the evidence needed … Kreisman Law Offices has been handling Illinois medical malpractice matters for individuals and families for more than 35 years in and around Chicago, Cook County, and surrounding areas, including Willowbrook, Glenview, Harwood Heights, Palos Heights, Buffalo Grove, and Matteson. In Murray, the plaintiff claimed that the defendant nurse’s failure to monitor the plaintiff’s vital signs led to her permanent upper extremity paralysis. “If it’s not in the record, it didn’t happen.”  Improper documentation in a medical record determines the outcome of a case. At trial, both parties agreed that the central spinal cord syndrome was likely caused by the episode of low blood pressure; however, the parties disagree as to who was to blame for Murray’s low blood pressure. We understand this because we have helped clients get their lives back after being victimized by medical malpractice. Medical Malpractice. : 05-C-08-6591. In addition, Price-Gordon maintained that she did monitor Murray every four hours as required by the orders, but that it was not required that she re-check Murray’s vital signs at noon because that was around the same time the physical therapist charted Murray’s vital signs. Makary MA, Daniel M, Medical Error—the Third Leading Cause of Death in the U.S., BMJ, 2016;353:i2139. However, Price-Gordon denied that this interchange ever occurred. 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