5 Brief Medical Malpractice Stories

Every day we hear about medical malpractice stories where the victim was harmed by a medical professional that was supposed to be caring for the patient. Most states require doctors to carry liability insurance to cover the cost of a malpractice suit. However, in the state of Florida, some doctors can choose to “go bare” and not carry any insurance. It is in your best interest to check the credentials of a physician or surgeon and find out if they carry malpractice insurance before you allow them to treat you.

Real Medical Malpractice Cases

Nelson. v. Novich-Welter—in September 2000, Daniel R. Nelson was the victim of a motorcycle accident when a car pulled out in front of him, causing both he and his wife to be thrown from the motorcycle and severely injured. He was sent to a medical facility for rehabilitation. After the accident, he was able to walk short distances. The doctor then inserted a tracheotomy tube to help him breathe. One morning, when it appeared that Nelson was not breathing, the attending physician, Lorraine C. Novich-Welter responded to the situation, but waited too long before requesting an emergency team for assistance. As a result, he almost died and ended up in a coma for seven weeks. Even though he recovered from this ordeal, he has been left confined to a wheelchair with severe memory and speech problems. The jury awarded him 2.1 million in damages in 2009.

McQuitty v. Spangler—In April 1995, Peggy McQuitty was admitted to the hospital suffering from a partial placental abruption at just 28 weeks gestation. She was stabilized and kept in the hospital under observation under the care of her obstetrician, Dr. Donald Spangler. A second abruption occurred, along with decreased amniotic fluid and a diagnosis of intrauterine growth restriction was made. The plaintiff alleged that Dr. Spangler failed to inform Mrs. McQuitty on how the changes in her condition would affect her baby. The doctor made the decision to wait until she was 36 weeks pregnant before performing a Cesarean section. Mrs. McQuitty experienced a complete placental abruption on May 8th and an emergency c-section was performed. The baby was deprived of oxygen, which caused severe neurological damage. The jury in the first trial could not reach a decision. In the second trial, the jury found Dr. Spangler guilty of violating the doctrine of informed consent and awarded damages of over $13 million dollars.

Family of Shannyn MacPherson v. Dr. John J. Ambrosino— Shannyn MacPherson, a healthy 30-year old woman had gone to Dr. Ambrosino for treatment regarding a lump on her thyroid gland. Shannyn’s family filed suit against Dr. Ambrosino and his practice when she died from uncontrolled bleeding that occurred after undergoing thyroid surgery in 2001. In 2008, a jury awarded $14.5 million to the family, one of the largest awards in Massachusetts that year.

Donathan v. Gordon—A Tennessee woman and her husband were awarded a malpractice judgment of $22.2 million after medical workers inserted an epidural catheter for post-operative pain control following surgery to repair her broken lower right leg. This resulted in a spinal bleed that left her paralyzed from the waist down. The medical officials who inserted the catheter should have taken into account the risks for such a procedure due to the fact that she was on blood thinner medications at the time.

Family of Amy Altman v. Dana-Farber Cancer Institute—The family of Amy Altman filed a lawsuit against the Dana-Farber Cancer Institute and two doctors for medical negligence when they acted below the normal standard of care when they failed to properly diagnose her symptoms. Altman was diagnosed with Ewing’s Sarcoma in 2003 and agreed to enroll in a clinical trial for an aggressive chemotherapy regimen at the Dana-Farber Cancer Institute for treatment. When she developed significant bouts of diarrhea, the doctors failed to order tests or prescribe proper treatment and dismissed her complaints as side effects from the chemotherapy treatment and sent her home. In July 2003, Amy Altman died after being rushed to a local emergency room. She was diagnosed as suffering from sepsis and a flesh-eating infection. The jury found for the plaintiff and awarded a judgment of over $13 million dollars.

When to Consult an Attorney

Filing a medical malpractice action can be a very emotional and lengthy process. In some states, there may be a limit on the financial amount that a plaintiff can seek for damages. Therefore, it is important to hire an experienced medical malpractice attorney who can fight for your right to obtain compensation for your injuries or wrongful death. Medical malpractice stories are becoming all too frequent. Don’t let yourself or your loved one become another victim.