Articles Posted in Hospital Errors

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Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution.

It was also contended by Giudicy that the medical providers waived their defense of failure to file an affidavit of merit and that he substantially complied with the statute. The Missouri Supreme Court rejected those arguments and affirmed the circuit court’s judgment.

Section 538.225 serves “to cull at an early stage of litigation suits for negligence damages against health care providers that lack even color of merit” and “protect the public and litigants from the cost of ungrounded medical malpractice claims.” See Mahoney v. Doerhoff Surgical Serves, Inc., 807 S.W. 503, 507 (Mo. Banc 1991). The section also prevents the plaintiff from threatening a medical provider with a groundless claim before settlement in lieu of the high cost of defense.
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Doe was admitted to a hospital to undergo a non-emergency medical procedure. During or because of the non-emergency surgery, something evidently did not go as planned.
Doe suffered permanent injuries that now require 24/7 care; he is unable to work.

Doe sued the physician, the downstate Illinois hospital, and a product manufacturer. There is very little information on this case, which resulted in a settlement of $29.5 million.

The attorneys successfully handling this tragic matter were Miranda L. Soucie and James Spiros, both of Champaign, Ill.
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An Indiana University Hospital did not violate a law prohibiting patient dumping when it sent a woman suffering from severe abdominal pain to another facility to have dying portions of her intestines removed. The U.S. Court of Appeals for the Seventh Circuit in Chicago declined to revive the lawsuit that Jodie Martindale’s husband filed against Indiana University Health Bloomington Hospital under the Federal Emergency Medical Treatment and Labor Act (EMTALA or Treat Act) following his wife’s death. IU Health transferred Martindale to Community Healthcare Systems in Munster, Ind., after examining her. Martindale died at Community Hospital after ongoing intestinal surgery.

A panel of the Seventh Circuit rejected the argument that the Treatment Act required IU Health to stabilize Martindale before transferring her.

The panel acknowledged the Treatment Act generally bars a hospital from transferring a patient with an emergency medical condition if the patient has not been stabilized.
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When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas.

Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart, which showed that she had a pancreatic mass. An MRI was recommended for her.

Smith was subsequently diagnosed as having metastatic pancreatic cancer, which required chemotherapy and surgery. Despite undergoing treatment, Smith died at the age of 56. She was survived by her husband and four adult children.
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Rita Epps, 63, went to the Southside Regional Medical Center emergency room. While at the hospital, Epps underwent testing, which showed she was suffering from acute kidney failure. She was admitted to the hospital; the hospitalist ordered a nephrology consultation with the on-call nephrologist.

Dr. Sajid Naveed, the on-call nephrologist, said he did not receive that order. The same night, Epps was given additional pain medication. Testing showed that she was suffering from severe acidosis. Dr. Naveed ordered additional bicarbonate but did not come to the hospital or order emergency dialysis, which apparently was desperately needed.

Early the next morning, Dr. Naveed came to the hospital and ordered renal replacement therapy. After Epps had a catheter inserted, she suffered cardiac arrest, which led to her untimely death several days later. Epps was survived by her husband and three adult children.
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Ms. Doe, 48, was admitted to a hospital where blood work showed several severe abnormalities. Nonetheless, Dr. Roe, the hospitalist overseeing Ms. Doe’s care, discharged her. Ms. Doe’s condition worsened, and she returned to the hospital. She was diagnosed with leukemia and was then transferred to another hospital, where she was diagnosed with lymphoma.

Ms. Doe died two weeks after she first presented to the hospital. She was survived by her husband and five children.

The lawsuit against the hospitalist and others alleged medical negligence and wrongful death. The Doe family claimed that the hospitalist should not have discharged Ms. Doe in light of her abnormal blood work. It was also alleged that the defendant chose not to provide the correct diagnosis of lymphoma. Lymphoma was the cause of death listed on Ms. Doe’s death certificate.
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Ms. Doe underwent successful breast reconstruction surgery. She was recovering in the hospital when she began to experience weakness on one side of her body, which progressed to full-side weakness, facial drooping and loss of speech. Ms. Doe’s family members and pastor reported her symptoms to hospital nurses who allegedly documented the symptoms, but chose not to report them to Ms. Doe’s attending physician for 24 hours.

Ms. Doe was subsequently diagnosed as having suffered a stroke. She has lost complete use of one arm, has limited use of one of her legs, and has permanent loss of speech.

Ms. Doe sued the hospital, alleging liability for the nurses’ choosing not to properly respond to obvious stroke symptoms. Ms. Doe asserted that her stroke resulted from a clot that developed into a brain bleed and that doctors could have treated the clot before it caused the sustained bleeding.
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Ms. Doe, 36, went to a hospital emergency department complaining of severe flank or side pain. She underwent testing and was diagnosed as having a kidney stone in her ureter.

Ms. Doe’s test results were allegedly equivocal and showed bacteria in her urine as well as an elevated white blood cell count, which is a sign of infection. However, Ms. Doe was discharged from the emergency room and sent home.

Ms. Doe’s condition worsened. She suffered septic shock, the last stage of infection. Ms. Doe returned to the hospital where she underwent surgery to remove the blockage in her ureter. Despite this treatment, Ms. Doe developed ischemia in her extremities and required surgery to remove necrotic dead or dying tissue.
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Darion Brewer was just seven months old and was sick for nine days. He was placed on Zithromax (Z-pak), an anti-biotic after being taken to a hospital emergency room and urgent care facility. He was seen by a pediatrician, Dr. Cheryl Emoto, who noted that Darion was experiencing respiratory distress and weight loss.

The doctor diagnosed bronchiolitis and prescribed Albuterol, advising Darion’s family to return in a week if his condition did not improve. Sadly, four days later, Darion died. An autopsy reportedly revealed that he had suffered from acute pneumonia. He was survived by his mother.

The Brewer family sued Dr. Emoto and her medical group, alleging that the doctor had misdiagnosed Darion’s condition and chose not to obtain his prior medical records including a hospital x-ray showing pneumonia.
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Anna Mae Burnett had a history of falls. She was admitted to Powerback Rehabilitation after she had spinal surgery. During that admission, she had multiple falls. After the last fall, she was transferred to Pennsylvania Hospital. Over 32 hours later, she was diagnosed with having a T2 burst fracture and spinal cord compression.

Burnett’s condition led to paraplegia and neurogenic bladder and bowel. Almost three years later, she died of sepsis that developed from a urinary tract infection. She was 73 years old at the time of her death.

Burnett’s estate sued the hospital and the rehabilitation facility and its affiliates.
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