Plaintiff Darla Keck underwent a sleep apnea procedure performed by defendants Dr. Chad Collins and Dr. Patrick Collins. The experts testified that if the hypotensive event had occurred more than ten minutes prior to 4:30 p.m., then Murray would have been left with brain damage. Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection – Monahan v. Dr. Joseph Giordano Charting by exception does not necessarily result in patient records that give an incomplete picture, but minimizing documentation is risky. Arch Intern Med.2012 Jun 11;172(11). Price-Gordon’s shift ended at 3:30 p.m. and a new nurse took over the responsibility for Murray. 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. Lack of Notes:  Many doctors record their visits just for this reason, speaking into a handheld recorder during/following the visit can be helpful for proper documentation later. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart. IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. Jena AB,, Outcomes of Medical Malpractice Litigation Against US Physicians. Every conversation the physician has between themselves and the patient regarding, care, treatment, preventatives and testing should be documented in the chart. 2. 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. Due to the complexity of medical malpractice cases, along with the strict deadlines that accompany them, it is wise to enlist the services of an experienced New York medical malpractice attorney. 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. Both plaintiff and defense attorneys request a copy of the patient’s chart for medical chart review(s). However, Price-Gordon denied that this interchange ever occurred. As it was, Murray did not suffer any brain damage; her injuries were limited to the spinal cord. The countersuit was filed while the underlying medical malpractice case was yet unresolved and claims of malicious prosecution by the Emmons and negligence on the part of Mr. Schwartz were brought. Domestically, the first medical malpractice case occurred in 1794. However, the nurse maintained that she had properly monitored and observed the plaintiff and that her actions were not responsible for the plaintiff’s paralysis. The malpractice suit was brought by Stanley Schwartz, an extremely well-known and successful plaintiff’s attorney in Michigan. “If it’s not in the record, it didn’t happen.”  Improper documentation in a medical record determines the outcome of a case. 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. 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. Medscape Business of Medicine, Sept 25, 2013. The medical record serves as the basis of argument for the plaintiff attorney in any medical malpractice case. The jury found that the defendants were negligent in the back surgery performed and in monitoring the anesthesia. Inadequate history taking: Physicians need to take the necessary steps of interviewing patients about their past medical history, allergies, drug use, family history and names of other doctors that are treating them.  Having all of this information can prevent illness, adverse drug interactions, and allergic reactions and even prevent hereditary conditions.  Improper history taking can result in patient harm and even death. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At 4:30 p.m., the chart shows that the new nurse found Murray in her chair, unresponsive and with profoundly low blood pressure. 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. 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. In the Eighth Amendment context, prisoners have a Constitutional claim if prison officials demonstrate “deliberate indifference to a serious medical need.” It is a higher standard than medical malpractice. 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. : 05-C-08-6591. Brief Summary. According to all reports, the surgery was a success, but Murray remained in the hospital for further monitoring and care as a precautionary measure. 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. And while Price-Gordon did administer an antihypertensive medication in order to bring down Murray’s blood pressure at 3:14 p.m., she failed to document Murray’s vital signs prior to administering the medication. 1 cause of patient injuries in hospitals today is falling. The 2018 lawsuit Schaetzel vs Mercy Health Services-Iowa illustrates how documentation and professional conduct can be key factors in litigation. 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. 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. Medical records play a lead role in medical malpractice lawsuits, as case outcomes depend on what is in or isn’t as it may be, in the medical record.Â. However, after deliberating for only one hour, the jury instead returned a verdict in favor of Nurse Price-Gordon. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. conducted by the Bureau of Justice Statistics, medical malpractice plaintiffs win only 27 percent of trial cases – compared to 52 percent for all other plaintiff-won tort trials. Often improper charting leads to adverse consequences for the defense in medical malpractice litigation. 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. We serve the following localities: Cook County including Arlington Heights, Barrington, Berwyn Township, Chicago, Des Plaines, Glenview, Orland Park, Palos Park, Schaumburg, and Tinley Park; DuPage County including Downers Grove, Naperville, and Bolingbrook; Kane County including Aurora, Elgin and Geneva; Lake County including Waukegan; and Will County including Joliet. 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. Medical Malpractice. 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. In the case, William was the temporary guardian for his father-in-law, Harold, who was admitted to the hospital for … 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 majority of medical malpractice lawsuits result in defense verdicts, meaning the doctor, hospital, or other health care provider won the trial after the jury heard and considered all the evidence. 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 … The surgery was intended to open Ms. Keck’s airways to improve her breathing. Murray’s family members testified that they noted Murray becoming very lethargic over the course of the afternoon and was non-responsive. 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. 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. 4. Punitive damages, damages that are specifically for the punishment of a professional health care … And while a physical therapist noted that Murray had elevated blood pressure at an undocumented time, Price-Gordon made no more notes regarding Murray’s condition for the remainder of her shift. of Joint Commission Center for Transforming Healthcare has admitted that, “With a death rate of 11,000 annually from patient falls, we ‘fell’ as a health system.” The no. A jury is much more likely to believe what is documented in the chart than testimony that is generally provided several years after the alleged medical malpractice took place. Makary MA, Daniel M, Medical Error—the Third Leading Cause of Death in the U.S., BMJ, 2016;353:i2139. 3. Below are examples of why medical malpractice litigation is necessary and ultimately the most effective insurance against insufficient or negligent medical care. Price-Gordon testified that if she had found Murray non-responsive that she would have immediately called for emergency assistance. At the time Murray was unable to move her hands or arms. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart. Meaning if the records are incomplete, inaccurate, illegible, or altered the plaintiff attorney has very strong merit to pursue the case. Medical Malpractice: Doctor Defendant's Request for Production of Documents. According to the physician orders, the nursing staff was to check Murray’s neurological and vital signs every four hours. Medical malpractice is not limited to surgery, and the case of Paul Lozano illustrates this better than any other example. The defendant nurse, Diana Price-Gordon, was responsible for monitoring Murray’s care during the day shift. 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. Call Us Now For a Free Consultation | Toll Free: 800.583.8002 | Local: 312.346.0045, Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports –, Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection –, Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in, $6.25 Million Jury Verdict for Injuries Suffered for an Unnecessary Hip Replacement, $1 Million Settlement Reached in Failure to Continue Anticoagulant, $2 Million Jury Verdict for Negligent Injection Procedure Causing Permanent Complex Regional Pain Syndrome, Chicago Medical Malpractice Lawyer Kreisman Law Offices Home, Contact Illinois Personal Injury Attorney Kreisman Law Offices. 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