Articles Posted in Medical Malpractice

Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of the cause of injury, a lawsuit can help hold medical professionals responsible for the type of care they provide. The difference between a tort and a medical malpractice claim for nursing home injuries is examined in the following case. 

John Lee was a resident at Woldenberg Village nursing home located in New Orleans. Lee was labeled a fall risk and therefore had a fall-detecting device attached to his wheelchair that would sound if he attempted to stand up. When installed correctly, the device is not accessible to the wheelchair user. A nurse found Lee lying on the ground with the alarm device in his hand. Lee’s hip was injured and required surgery due to the fall.

Lee’s estate filed a tort lawsuit against Woldenberg for damages relating to the fall. Woldenberg filed an exception of prematurity because the claims related to medical malpractice and were therefore required to undergo investigation by a medical review panel before litigation. Lee’s estate appealed the lower court’s findings of prematurity.

Medical malpractice claims typically involve allegations of negligence during a medical procedure. However, the following case presents a unique scenario where the alleged injury occurred after the procedure was completed. It examines the legal considerations and challenges in such situations, emphasizing the importance of evidence and expert testimony in establishing a breach of the applicable standard of care.

Kay Hanagriff received two punch biopsies at Dr. Shondra Smith’s dermatology office. While receiving the biopsies, Hanagriff told Smith she felt queasy. Smith told the nurse to put an ice pack on Hanagriff’s neck. After the nurse placed the ice pack on her neck, Hanagriff said she was feeling better. After the procedure, Smith told Hanagriff to lie flat on the exam table and had her staff monitor Hanagriff. Hanagriff ignored the staff’s instructions not to try to get off the exam table without assistance and claimed she fell and hurt her neck. 

Hanagriff filed a complaint with the Louisiana Patient’s Compensation Fund. The medical review panel found neither Smith nor her staff breached the appropriate standard of care in their treatment of Hanagriff. Hanagriff then filed a lawsuit against Smith and her professional liability insurance carrier. At trial, the jury found against Hanagriff. Hanagriff appealed. She claimed the jury erred in finding Smith and her staff did not violate the applicable standard of care, and the evidence did not support the jury’s findings. 

If your doctor makes an obvious mistake in a surgery, you might think you can succeed in a medical malpractice lawsuit against the doctor. However, Louisiana law does not require a doctor to act perfectly. Therefore, if you are considering bringing a medical malpractice lawsuit against a medical professional, you must understand the applicable standard of care you are required to prove they did not satisfy. This case illustrates how the standard of care a doctor is required to follow depends on the existing circumstances.

Martin Van Buren suffered from kidney disease and underwent a kidney transplant as a young adult. Approximately 12 years later, he suffered additional health problems. While at a hospital in Monroe, Louisiana, he suffered a large gastrointestinal bleed. 

While Van Buren was in the ICU, Dr. Claude B. Minor, Jr. was asked to do an emergency surgical consult. When Minor entered the hospital room, Van Buren vomited blood and went into cardiac arrest. Minor stabilized Van Buren and took him to surgery to remove the ulcer. Minor told Van Buren’s mother it was unlikely Van Buren would survive the procedure. After Minor removed the part of the stomach with the ulcer, Van Buren started to bleed in his intestines. While dealing with that complication, Minor reconnected the stomach to the incorrect part of the bowel, which made it so Van Buren could not absorb food. This resulted in diarrhea, malnutrition, and excessive weight loss. The error was later identified and corrected by a different doctor.