Fort Myers medical malpractice attorney

Misplaced Catheter Blamed in Medical Malpractice Lawsuit

June 23, 2018 | by David J. Halberg, Esq.

A U.S. veteran died from blood poisoning, due to what his family alleges was medical negligence in the form of a misplaced catheter. medical malpractice attorney

According to MensHealth.com, the medical malpractice lawsuit filed by his survivors indicates the patient suffered from both a traumatic brain injury and multiple sclerosis when he sought treatment at a Veteran’s Affairs clinic in Missouri for a condition called neurogenic bladder, common with MS patients. The condition makes it tough for patients to control their bladder function. After his catheter was changed at the facility, the 52-year-old was returned to the facility where he resided, where caregivers noted he had a fever – and large amounts of clotting and blood at the end of his penis. He was rushed to the hospital, diagnosed with a urinary tract infection and also sepsis, a life-threatening complication of bacterial infection.

Plaintiffs allege a CT scan conducted soon thereafter showed the balloon in the Foley catheter inflated not in the bladder, as is the intent, but in the urethra. He died of septic shock last month. Continue reading

Sepsis a Leading Cause of Florida Hospital Deaths, Medical Malpractice Lawsuits

March 12, 2018 | by David J. Halberg, Esq.

This flu season has been a brutal one, with the U.S. Centers for Disease Control and Prevention reporting more than 60,000 cases since October resulting in hundreds of deaths. Although the flu is a fairly common viral infection, one of the most severe complications is sepsis. This is a type of bacterial blood infection that is the body’s overwhelming response to some other infection and can follow not just the flu but pneumonia, urinary tract infections, bedsores, surgery wounds, intravenous lines and other conditions. medical malpractice attorney

Symptoms of sepsis include:

High fever
Chills
Pale or discolored skin
Rapid breathing/ shortness of breath
Extreme pain/ discomfort
Sudden confusion
Extreme fatigue
Kidney failure

Sepsis can be fatal (it’s the leading cause of death in U.S. hospitals, according to the Journal of the American Medical Association) and must be treated rapidly and appropriately. Young children, the elderly, those suffering from chronic diseases and weakened immune systems are especially vulnerable. Even those who survive may have long-term complications, including kidney damage requiring lifelong dialysis.

A diagnosis of sepsis or septic shock alone is not proof of medical malpractice, even in cases of death. However, if the initial infection or the development of sepsis was hospital-acquired or if it was improperly treated, there may be grounds for a South Florida medical malpractice lawsuit. Continue reading

Government Drops Appeal of $42M Birth Injury Verdict in Medical Malpractice Lawsuit

February 26, 2018 | by David J. Halberg, Esq.

South Florida medical malpractice attorneys recognize obstetrics and gynecology as a medical practice area with higher-than-average rates of litigation. Malpractice in obstetrics and gynecology can result in catastrophic injuries and fatalities for both women and babies. A recent survey by Medscape revealed some of the top reasons for lawsuits against Ob/Gyns are:

Patient suffers an abnormal injury – 36 percent
Failure to diagnose – 22 percent
Failure to treat – 15 percent
Poor documentation of patient instruction and education – 5 percent
Improperly obtaining/ lack of informed consent – 4 percent
Failure to follow safety procedures – 3 percent
Errors in medication administration – 2 percent

These usually involved a maternal or fetal death, failed tubal litigation, poor timing/ performance of a cesarean section, bowel perforation or shoulder dystocia. A recent case of a catastrophic injury suffered by a baby delivered by an Ob/Gyn at a federally-funded hospital was allegedly caused by the physician’s “unjustified and overly-vigorous use” of forceps during the birth of a child. The child reportedly now suffers from lifelong mental disabilities, and after a jury awarded the family $42 million for this severe brain injury, the federal government has withdrawn its appeal. Continue reading