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North Adams Medical Malpractice Law Blog

Birth injuries: Can parents find recourse for emtional pain?

Having a child is a unique and amazing experience for many parents. Unfortunately, things do not always go as planned sometimes, making the experience for some traumatic and tragic. Although physical birth injuries are more easily documented, some parents experience emotional injuries surrounding the circumstances of their child's birth. Massachusetts parents may be interested in one man's recent lawsuit against a hospital and a nurse, claiming that they caused intentional harm following the birth of his child.

The mother of the child is a member of a Native American tribe, but the father is not. According to the lawsuit, the grandmother of the child, who is also a tribe member, was not happy that the child's father was white. The grandmother filed a claim that the father of the baby was abusive to the mother during her pregnancy, and she received an order to have the newborn placed in her care and custody. Officers of the tribe were allowed to enter the hospital and remove the child.

Medical negligence: Girl has mutliple surgeries to save foot

Most medical professionals understand the basic concept that a person's skin is his or her best protection against infection and bacteria. Once the skin is compromised by a tear, cut or another form of breakdown, it can leave a person vulnerable to many different infections. Massachusetts patients may be interested to learn that a young girl's physicians may have suffered due to medical negligence and the lack of antibiotics after suffering a cut in her skin.

The girl was 12 when her medical ordeal began. The details are unknown to how she received a cut, but it is known that the cut was on her foot. The cut was large enough that it required seven stitches to close the wound. Despite the severity of the cut and the location on her foot, she was discharged to home without antibiotics. Reportedly, the emergency room never followed up with the patient following her discharge.

Doctor error: Woman finds epidural needle in spine after 14 years

Most new mothers anticipate the moments of leaving the hospital and returning home with their new baby. But they do not anticipate arriving home with foreign objects in their bodies as a result of doctor error. Massachusetts readers may be interested in one woman's ordeal of having an epidural needle left in her spine for more than 14 years.

The mother delivered her last child approximately 14 years ago. Like many mothers, she had a cesarean section to deliver her son. The mother received epidural anesthesia prior to the surgery but was unaware that the tip of the needle broke off into her spine in the process. An epidural requires a doctor to use a long needle to place a nerve blocking medicine into a patient's spinal fluid, but the needle is always withdrawn after placement.

USE YOUR WILL TO DICTATE HOW TO PAY YOUR DEBTS

The main purpose of a will is to designate the beneficiaries (known as "devisees") to whom your assets are to be distributed after you die, but it can also be used to instruct the person responsible for administering your estate (known as your "personal representative") on how to pay your debts. While your devisees are generally not responsible for your debts, the debts that you leave can reduce what they receive. Spelling out how debt should be paid can help your devisees.

Doctor error: Surgical tools left behind in patient

Weight loss is on the minds of many people in Massachusetts and in the United States. Some are able to achieve weight loss through diet and exercise, but many are not. For those who need additional weight loss assistance, many seek the help of medical professionals. One woman who opted for surgery to help achieve weight loss has filed a medical malpractice lawsuit claiming that a doctor error has resulted in physical pain and additional medical treatment.

The doctor named is the lawsuit has become popular because of a television show called "My 600-lb Life". The show follows morbidly obese patients of Dr. Younan Nowzaraden, who is a 72-year-old physician who performs surgeries on patients with the hope that weight loss will occur. The woman who filed the lawsuit had a surgery performed by Dr. Nowzaraden to remove a gastric band and repair her hiatal hernia

Parents awarded $800,000 for hospital's negligence during birth

Doctors are often accused of being too quick to choose a cesarean section as the method of childbirth. Although there may be many unnecessary C-sections, the surgery can be a lifesaving operation for a child and mother. Unfortunately, there are some circumstances that warrant a C-section, but a doctor neglects to offer one. Massachusetts's parents may be interested in one case of negligence during birth where a couple's child showed evident distress and was born stillborn.

According to the lawsuit, the mother realized she had gone into labor in the early hours of the morning. As many parents do, they notified the hospital of their pending thirty-minute estimated arrival. Despite the notification, they stated that they were not seen or evaluated by a physician for at least an hour after they arrived.

Failure to diagnose allowed cancer to grow for 5 years

It has become common knowledge that frequent use of tobacco products can lead to life-threatening lung cancer. It may not be common knowledge that people who do not use tobacco products can also develop the same illness. Fortunately, there are treatments for these cancers no matter the cause, but an accurate and timely diagnosis is required. Massachusetts readers may be interested in one man's lawsuit claiming that he is sicker than he should be because of a doctor's failure to diagnose him in a timely manner.

The man was receiving treatment and diagnostic tests for a broken back five years prior to his lung cancer diagnosis when a cancer lesion was spotted in his lungs. Reportedly, a radiologist noticed the lesion and alerted the man's back surgeon. He marked the lesion as critical, but neither the patient nor the patient's primary care physician were notified.

Family awarded $4 million in failure to diagnose case

Medical technology has greatly advanced the diagnosis and treatment of diseases and acute ailments by medical professionals, but the technology only works to the advantage of the patient when it is utilized. In circumstances where it is not used, it can be detrimental to a patient. Massachusetts patients may be interested to learn about a recent jury verdict in another state after a failure to diagnose may have resulted in a woman's death.

Apparently, the woman visited the emergency room late one night due to severe chest pain. According to expert testimony in a wrongful death lawsuit, her symptoms were classic for symptoms of an aortic dissection. Because the aorta is a large artery supplying blood flow to the entire body, any damage or dysfunction can be life-threatening. Experts testified that an emergency room doctor would have likely been able to correctly diagnose the woman had a CT scan of her chest been completed, but it was not. The doctor diagnosed her with musculoskeletal pain and discharged her to home. 

Failure to make an accurate diagnosis may have resulted in death

Losing a child is something no mother should experience, especially when a death could have been prevented with medical intervention. One mother has had the tragic experience of losing her daughter at a young age. Massachusetts families may be interested in understanding the reason the mother intends to file a wrongful death lawsuit in civil court accusing her daughter's physician of failure to make an accurate diagnosis to prevent her daughter's death.

The woman reported that her daughter had developed severe cases of strep throat in the two years prior to her recent sickness. When her daughter exhibited similar symptoms as the two previous cases, she took her to the hospital she knew well. The hospital she chose had delivered and cared for her daughter since her birth for various health care needs. The mother reported having difficulty convincing the medical staff to test her daughter for strep throat and reported having to request a second doctor to make the order. Allegedly, the physician was convinced the girl had the flu and sent her home with the antiviral medication, Tamiflu.

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