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Shapiro & Appleton

Surgeon’s Mistake Leads to Death and $1.4 Million Malpractice Claim

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VA medical malpractice attorneysRecently a jury decided a surgeon was to blame for the death of a 59-year-old woman and awarded the family $1.4 million.  The botched surgery took place in Oct. of 2004 when the surgeon needed to repair a hernia. During the operation the surgeon inserted a medical instrument into the patient’s throat. The surgeon would later admit after a complaint had been filed that it took considerable effort to push and pull to remove the instrument from the woman’s throat and there was damage to the woman’s esophagus. 

The woman suffered a fluid buildup but no tests were run to find out why. A few weeks later the woman returned to the hospital because of extreme pain and vomiting. Doctors drained more fluid but still did not run any tests to find the source of the fluid. The next day one of the hospital staff noticed signs of an esophageal rent or leak. The woman was transferred to a second hospital and underwent three surgeries to attempt repairs to her esophagus. Despite the surgeries her condition had continued to worsen over the next month and she died.

Of all the different forms of medical malpractice, surgery errors are among the most expensive and traumatic, primarily because a series of corrective surgeries is typically required to repair the damage. Studies have found that approximately 40% of surgical errors led to permanent disability with approximately 23% resulting in death. When a surgical error takes place that results in a serious injury which could have been prevented, the patient and their family should not be responsible for the damages that are suffered. This is why it is vital to speak with an experienced Virginia (VA) malpractice lawyer.

Our firm understands the complexities of a malpractice claim and works closely with medical experts to determine whether negligence played a role in your injury. It’s important to know not all bad surgery outcomes are the result of surgery mistakes or medical malpractice. In almost every case of Medical Malpractice, another doctor who practices in the same field as the doctor you’re looking to file against must review the facts of your case and the standard of the medical treatment you received to determine if they believe that the proper standard of care was not given. Medical malpractice must be proven by the diagnosis of another doctor who can determine if acceptable practices were followed or can identify the surgical errors that were made. If you have suffered complications due to a mistake during surgery we strongly urge you to consult a Virginia (VA) medical malpractice lawyer for specific legal advice as you may be entitled to damages for the harm caused. We have recovered millions of dollars in Virginia (VA) medical malpractice settlements and verdicts for clients and have the resources to fight hospitals to protect the rights of our clients.

 

 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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