Articles Posted in Medical Malpractice

According to a study released late last year by the Johns Hopkins School of Medicine, approximately four thousand surgical “never events” occur annually in the United States. The study defines “never events” as those incidents for which there is universal professional agreement that should never occur during a surgery. The study, run by associate professor of surgery Dr. Marty Makary, attempts to quantify the extent of medical malpractice that occurs on a weekly basis across America.

According to the study’s estimations, a foreign object is left inside a patient during an operation thirty-nine times every week, an incorrect procedure is performed twenty times every week, and the wrong body part is operated on twenty times every week. The study also approximates that a staggering 80,000 never events have taken place in hospitals from 1990 to 2010, however, the actual quantity of such occurrences is likely higher.

Using the National Practitioner Data Bank (“NPDB”), a federal database comprised of medical malpractice claims, the study analyzed nearly 10,000 medical malpractice judgments that were paid out between 1990 and 2010. With this data, the study was able to estimate that never events happen in the United States at a rate of 4,044 per year. The NPDB data compiled by researchers revealed that malpractice judgments and claims totaled $1.3 billion during the period covered by the study. In the cases studied, death occurred in 6.6% of patients, permanent injury in 32.9%, and temporary injury in 59.2%.

An East Naples man is suing NCH Downtown Naples Hospital after he reportedly suffered second-degree burns during surgery to install a pacemaker in 2008. Earlier this month, 72-year-old Frank Komorowski testified that he was burned on his chest, neck, and shoulder while under anesthesia. Komorowski stated he awoke to smell his own skin burning after he heard a nurse’s screams.

Although surgical fires are rare, between 550 and 650 operating room fires occur each year in the United States. In addition to severe burns, surgical fires may cause permanent disfigurement and death. The Anesthesia Patient Safety Foundation estimates about 65 percent of operating room fires involve a patient’s face, neck, head, and upper body. If a burn reaches the patient’s airway, it is often fatal. The problem is common enough the nation’s Food and Drug Administration (FDA) began a medical professional education safety initiative designed to combat operating room fires last fall. The FDA also recently held a webinar to teach health care providers how to reduce the risk for surgical fires.

At a recent hearing on Komorowski’s case, an attorney for the hospital argued in Collier Circuit Court that the hospital was not negligent. Instead, she told the court the surgeon who installed the pacemaker caused Komorowski’s injuries. The attorney also argued the hospital could not be held liable because the surgeon was not an employee of the hospital at the time of the fire. An expert for the hospital stated oxygen under a surgical drape likely caused the fire.

Komorowski’s attorney countered the hospital’s arguments by stating it is widely recognized that surgical fires do not occur absent negligence. Although no one was willing to take responsibility for the incident, operating room nurses and Komorowski’s own surgeon reportedly agreed that an alcohol-based antiseptic was not allowed to dry fully before the surgeon began to operate. As a result, an electrical cauterizing device allegedly ignited the fire.

Following the hearing, Judge Hugh Hayes ruled adequate evidence existed to prove hospital negligence. As a result of the judge’s ruling, a jury will soon be tasked with determining the amount of damages Komorowski and his wife will receive from the hospital as a result of his burn injuries.

Each year, many people in Florida are hurt or killed by a health care provider’s negligence. Medical professionals such as surgeons and nurses have a duty to provide their patients a certain level of care. When health care providers make mistakes or fail to provide the required level of care, a patient may file a medical malpractice lawsuit. If you were hurt by someone tasked with providing your medical care, you should contact a skilled South Florida medical malpractice attorney to help you protect your rights.

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A Florida mother has sued Heart of Florida Regional Medical Center and a nurse employed by the hospital for negligence after the nurse allegedly severed part of her 3-month-old daughter’s finger. The baby’s mother, Veronica Olguin, has alleged hospital nurse Emily Anna Stutz negligently failed to follow proper safety procedures while using scissors near her child. Olguin has also accused the hospital of failing to properly train its employees and failing to properly supervise Stutz. In the Polk County Circuit Court lawsuit, the baby’s mother is seeking more than $15,000 in damages.

The lawsuit resulted from an October 2011 incident during which Olguin’s daughter, Selena, reportedly lost half of her left pinky finger. According to Olguin, the nurse was attempting to cut a plastic intravenous tube from Selena’s hand immediately before the baby was scheduled to be discharged from the hospital following a fever. Instead, Stutz allegedly severed part of the child’s finger and ran out of the room screaming. Following the accident, hospital doctors unsuccessfully attempted to reattach the infant’s finger.

An attorney for the child’s mother claims the lawsuit was filed after the hospital refused to respond to his settlement requests. He also stated his client wanted to ensure other children did not become the victims of similar accidents in the future. Olguin reportedly expressed concern that the loss of her finger may result in future emotional damage to Selena. Hospital officials expressed regret over the incident and said the parties had yet to reach a settlement agreement.

An attorney for the nurse stated his client was distraught over the incident and took time off of work immediately following the accident. Hospital officials also stated Stutz is a skilled nurse who made an unfortunate mistake while removing bandages from an infant’s tiny finger. Stutz is still employed as a nurse at Heart of Florida Regional Medical Center.

Each year, many Florida residents are killed or disabled by medical negligence. Health care professionals such as doctors and nurses owe their patients a certain standard of care. When health care providers fail to provide the required level of care or make mistakes, a victim may hold them accountable by filing a medical malpractice lawsuit. If you or a family member was injured by a doctor or nurse, a capable South Florida medical malpractice lawyer can help you preserve your rights.

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