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Posts tagged "Medical Malpractice"

Unnecessary procedures may be basis for medical malpractice suits

When a doctor tells you that you need heart surgery, you may look at him or her with disbelief. Even if you've been having symptoms, it will take some time for that news to sink in. But what if you later discovered that the surgery was unnecessary?

A look at misdiagnosis and erroneous treatment

When you put your trust in an Ohio doctor, you expect that they will provide you with the medical care that you need to get well. Unfortunately, medical malpractice and negligence are all too common, often leading to worsened medical conditions. People who have been the victim of medical wrong-doing might be entitled to compensation.

How is hospital negligence different from medical malpractice?

The legal theory of vicarious liability is based on the concept that an employee engaged in activity on behalf of his or her employer can, if his or her behavior is culpable, lead to liability on the part of the employer as well. In Ohio vicarious liability can occur in the setting of medical treatment, because although some health care professionals like physicians are solo practitioners, many others work for a larger organization like a hospital.

Why cellphones should be kept out of the OR

In our age of instant communication, few groups have benefited more from cellphones than doctors. Yes, pagers are still widely used, but often a quick text or a phone call can say a lot more than a message on a pager can. While there are innumerable benefits of doctors carrying cellphones, there are also drawbacks -- and not the obvious one, it being a distraction. Rather, doctors could be causing their patients to become sicker by carrying their phones around the hospital, especially in the operating room.

There are myriads of ways to become a medical malpractice victim

Not long ago there used to be a television series titled, "A Thousand Ways to Die". It featured allegedly true stories of people who met their ends in unpredictable and often bizarre ways. Aside from its ghoulish entertainment value, the series was a reminder that sometimes events can occur that you have no way of preparing for, and which can have enormous long-term consequences.

Medical Malpractice Verdict

Verdict: $507,667.00. Medical Malpractice. Plaintiff Michael Sharrett, a 61-year-old truck driver, was a patient of Defendant Cy D. Young, D.O. of Defendant Maplewood Clinic, Inc. Beginning in late 2007, Mr. Sharrett began complaining to Dr. Young that his abdomen was expanding and he felt a sense of fullness. Dr. Young allegedly attributed Mr. Sharrett's complaints to "middle age spread" and did not seek further evaluation. Mr. Sharrett continued to complain and, in December of 2009, Dr. Young referred Mr. Sharrett to an urologist who diagnosed him with chronic kidney disease and enlarged prostate with hydronephrosis (a distention and dilation of the kidney due to urine obstruction resulting in a two liter accumulation of urine in his bladder). Mr. Sharrett developed bladder retention and an atonic bladder, which is an irreversible condition that requires self-catheterization three to four times per day. He sued Dr. Young alleging that he failed to timely evaluate, diagnose and treat his condition. Mr. Sharrett also alleged that Dr. Young added information to his medical records relating to a referral which was allegedly refused by Mr. Sharrett. Dr. Young disputed Mr. Sharrett's allegations that he breached the standard of care and asserted that Mr. Sharrett's condition was neither caused nor worsened by anything Dr. Young did or failed to do. The jury found in favor of Mr. Sharrett and awarded him $482,667.00 in compensatory damages and awarded his wife, Plaintiff Kimberly Sharrett $25,000.00 for loss of consortium. Dr. Young gave his insurer (The Doctor's Company) consent to settle after his cross-examination. The parties subsequently reached a high-low agreement. However, the verdict did not exceed the high agreed upon. Medical Specials: $15,000.00. Length of Trial: 5 days. Plaintiff's Expert: Arnold Melman, M.D. (urology) and Jerome Daniel, M.D. (family medicine). Defendant's Expert: William Giannakopoulos, M.D. (urology) and Michael Yaffe, M.D. (internal medicine). Last Settlement Demand: $350,000.00. Last Settlement Offer: $0. Plaintiff's Counsel: David Shroyer and Eleni Drakatos. Defendant's Counsel: Gary Hammond. Judge Reece. Case Caption: Michael Sharrett, et al. v. Cy D. Young, D.O., et al. Case No. 11 CV 594 (2013).

Medical Malpractice Verdict

Verdict: $507,667.00. Medical Malpractice. Plaintiff Michael Sharrett, a 61-year-old truck driver, was a patient of Defendant Cy D. Young, D.O. of Defendant Maplewood Clinic, Inc. Beginning in late 2007, Mr. Sharrett began complaining to Dr. Young that his abdomen was expanding and he felt a sense of fullness. Dr. Young allegedly attributed Mr. Sharrett's complaints to "middle age spread" and did not seek further evaluation. Mr. Sharrett continued to complain and, in December of 2009, Dr. Young referred Mr. Sharrett to an urologist who diagnosed him with chronic kidney disease and enlarged prostate with hydronephrosis (a distention and dilation of the kidney due to urine obstruction resulting in a two liter accumulation of urine in his bladder). Mr. Sharrett developed bladder retention and an atonic bladder, which is an irreversible condition that requires self-catheterization three to four times per day. He sued Dr. Young alleging that he failed to timely evaluate, diagnose and treat his condition. Mr. Sharrett also alleged that Dr. Young added information to his medical records relating to a referral which was allegedly refused by Mr. Sharrett. Dr. Young disputed Mr. Sharrett's allegations that he breached the standard of care and asserted that Mr. Sharrett's condition was neither caused nor worsened by anything Dr. Young did or failed to do. The jury found in favor of Mr. Sharrett and awarded him $482,667.00 in compensatory damages and awarded his wife, Plaintiff Kimberly Sharrett $25,000.00 for loss of consortium. Dr. Young gave his insurer (The Doctor's Company) consent to settle after his cross-examination. The parties subsequently reached a high-low agreement. However, the verdict did not exceed the high agreed upon. Medical Specials: $15,000.00. Length of Trial: 5 days. Plaintiff's Expert: Arnold Melman, M.D. (urology) and Jerome Daniel, M.D. (family medicine). Defendant's Expert: William Giannakopoulos, M.D. (urology) and Michael Yaffe, M.D. (internal medicine). Last Settlement Demand: $350,000.00. Last Settlement Offer: $0. Plaintiff's Counsel: David Shroyer and Eleni Drakatos. Defendant's Counsel: Gary Hammond. Judge Reece. Case Caption: Michael Sharrett, et al. v. Cy D. Young, D.O., et al. Case No. 11 CV 594 (2013).

How can you know if your doctor has a good record?

Choosing a doctor is a serious matter, and you can invest considerable time and effort researching your decision. The good news is that in today's information age, you have many options available to do your homework, including the Internet and a variety of consumer reporting sites. But how much faith can you place in the information you gather from such sources?

What should you do before you file a medical malpractice claim?

You may recall a recent post where we discussed the importance of time in medical malpractice cases. The statute of limitations in Ohio dictates that you have precisely one year to file a medical malpractice case, though there are rules on when that clock starts running. If you or a loved one has been harmed by or in the care of a medical provider, your instinct may be to file a medical malpractice lawsuit immediately. Before you do so, there are some steps you should take.

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