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4/4/2011
Shapiro, Lewis & Appleton
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Botched Hysterectomy Allegedly Performed by Surgeon Hired by Veterans Affairs Despite Past Malpractice

A woman who suffered cuts to her bladder and intestines during what should have been a routine hysterectomy at the Hampton VA Medical Center has taken her medical malpractice suit against the surgeon to federal court after being denied compensation for her pain and added medical treatment costs by the U.S. Department of Veterans Affairs.

Stonewalling of cases and plaintiffs in cases involving alleged surgical errors, misdiagnoses and negligence at VA health facilities is routine, to say nothing of the unjust legal precedent of the Feres Doctrine that bars active duty military personnel from pursuing civil malpractice remedies against doctors, surgeons and nurses who injure them. What is newsworthy in the case brought by Miriam Cenedese of Portsmouth, Virginia (VA), against Dr. David Ostman is that the doctor was hired by the VA while facing charges from the Virginia Board of Medicine that were so serious, he could have permanently lost his license to practice medicine in the state.

According to an investigation reported in the March 27, 2011, Virginian-Pilot, charges of malpractice and patient endangerment Ostman admitted to when called before the medical board included
  • Prescribing a non-FDA-approved testosterone lotion to patients over the Internet without examining the patients.
  • Selling and dispensing narcotics and dangerous drugs such as hydrocodone, phentermine, Xanax and Valium despite not having a pharmacist's license.
  • Being unable to account for hundreds of doses of DEA Schedule II drugs that had been delivered to his office.


Evidence presented by Cenedese and her attorneys show that Ostman failed to use accepted surgical procedures to prevent injuries and did not consult more experienced surgeons who could have advised him on how to keep his patient safe during the hysterectomy. Cenedese required follow-up surgeries to repair the perforated bowel injuries, and she also had to wear an ileostomy bag for a time.

Doctors and surgeons with histories of putting patients' health and lives at risk must be held accountable for the harm their malpractice -- and sometimes criminal behavior -- caused. As an attorney who has worked with victims of doctors' and surgeons' mistakes for more than 25 years, I cannot stress enough how important it is to keep dangerous doctors away from patients. In light of the incident with Ostman, the Hampton VA Medical Center should review its hiring practices and ensure that it only employs physicians with strong records of keeping patients safe.

EJL

Category: Medical Malpractice/Doctor Mistakes

Labels: Attorney bowel Cooper cut doctor error Hampton Hysterectomy injury medical malpractice mistake patient surgeon surgery VA Medical Center veteran Virginia


About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about. 

While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.


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