Medical Malpractice

Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge

March 9, 2011 | Lebowitz & Mzhen

More than a year after the family of Edward Givens filed a $17 million DC wrongful death case against the District and Emergency Medical Services medical director Dr. James Augustine, a judge says that their lawsuit can proceed under a new statute.

Givens, 39, died on December 2, 2008 after paramedics, responding to call that he was having problems breathing and experiencing chest pains, didn’t take him to the hospital and instead told him that he had acid reflux and he should take Pepto Bismo. He died six hours after receiving the wrong diagnosis. In 2009, his family sued for DC paramedic malpractice and wrongful death.

The District has been combating the lawsuit, claiming that case law doesn’t allow someone hurt by an emergency worker to sue. However, after paramedics didn’t immediately treat New York Times journalist David Rosenbaum because they thought he was drunk (in fact, he was beaten during a robbery), the District settled his family’s paramedic malpractice case. The city council has since passed a statute allowing victims to hold paramedics liable for negligence.

Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety

December 30, 2010 | Lebowitz & Mzhen

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their “Drunk Driving. Over The Limit. Under Arrest” campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season’s other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.

• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010
U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010
Underage drinkers a New Year’s hazard, Washington Examiner, December 30, 2010
Related Web Resources:
What to do after a car accident, MSN
Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Washington DC Wrongful Death: Parents of Toddler Who Was Allegedly Refused Medical Transport File Lawsuit Claiming Paramedic Malpractice

October 19, 2010 | Lebowitz & Mzhen

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

Admitting Medical Mistakes Doesn’t Increase the Likelihood that a Patient Will File a Medical Malpractice Case, Says Study

August 29, 2010 | Lebowitz & Mzhen

A study on the University of Michigan Health System’s disclosure-with-offer program has found that admitting medical errors and then offering timely compensation for resulting injuries does not increase the chances that a patient will file a medical malpractice lawsuit. Instead, what the program has found is that the health system has been received less medical malpractice complaints, obtained faster resolution of cases, and achieved lower liability costs.

Unfortunately, not all medical providers and professionals are as forthcoming. Frequently, doctors and hospitals and their insurers will try to combat any allegations of medical negligence while attempting to minimize financial liability.

This is why it is important that you are represented by an experienced Washington DC medical malpractice law firm that will protect your right to receive the maximum in damages that you and your family are owed.

Medical professionals owe patients a certain duty of care and even the simplest medical mistake can prove catastrophic. Milliman Inc. found, in a study commissioned by the Society of Actuaries, that almost 1.5 million medical errors in the 2008 cost the US economy $19.5 billion. $17 billion of this came from outpatient, inpatient, and prescription drug services for individuals that were affected by medical mistakes.

Yet medical mistakes continue to happen. The American Medical Association recently reported that for every 100 US physicians, 95 medical malpractice claims are submitted.

You have three years from the time of injury to file your Washington DC medical malpractice lawsuit.

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians, AMA (PDF)

Report: 95 medical liability claims filed for every 100 physicians, HealthCare Finance News, August 4, 2010
Related Web Resources:
Symptoms and Medical Malpractice, Wrong Diagnosis
Medical Malpractice, Nolo

Washington DC Medical Malpractice?: July is Worst Month for Deadly Medication Mistakes at Teaching Hospitals

June 30, 2010 | Lebowitz & Mzhen

According to a new study, the “July Effect” is real. Not only is July the month when medical school graduates are most likely to begin their residencies in teaching hospitals, but, it is also when teaching hospitals see a 10% rise in deadly medication mistakes. It is important to note, however, that the study, only suggests but doesn’t confirm that the new medical residents are to blame for these errors. There may be no link between the two at all.

Common reasons why a new medical resident might make a medical mistake:
• Professional inexperience
• Lack of sleep
• Fatigue from working 36-hour shifts
• Unfamiliar with hospital setting environment

The study, which can be found in the latest issue of the Journal of General Internal Medicine, was conducted by researchers at the University of California at San Diego who investigated over 62 million US death certificates between 1979 and 2006. 244,388 of the fatalities involved medication errors that occurred in hospitals. The statistics showed that except for at teaching hospitals in July, the chances of a medication mistake happening on any other month was relatively the same. Medication deaths involving unexpected allergic reactions and those that occurred outside hospitals were not included in the study.

In recent years, many teaching hospitals have put into place better supervision, policies to prevent medical mistakes caused by sleep deprivation, and other safeguards.

Regardless of which medical professional makes a medication error, this type of mistake can cause health complications, allergic reactions, and even death. Any type of medical mistake that causes personal injury or wrongful death to the patient can be grounds for a Washington DC medical malpractice lawsuit.

The ‘July Effect’: Worst Month For Fatal Hospital Errors, Study Finds, ABC World News, June 3, 2010
Hospital Errors: Be Wary Of The ‘July Effect’ (VIDEO), The Huffington Post, June 4, 2010

Related Web Resources:

Journal of General Internal Medicine

Teaching Hospitals, AAMC

Pharmacy Error Injury Lawyer Blog

Maryland Nursing Home Lawyer Blog

Can Providing A Patient with Too Much Medical Care Be Grounds for a Washington DC Medical Malpractice Lawsuit?

June 14, 2010 | Lebowitz & Mzhen

Too much of anything isn’t always good for you. In an article by AP Medical Writer Lauran Neergaard, she talks about how medical overtreatment can sometimes do a patient more harm than good.

Neergaard says that up to one-third of medical tests and treatments are unnecessary, including:

• Controversial fetal monitors that mistakenly indicate that a baby is in distress. These inaccurate results can lead to unnecessary C-sections.
• Subjecting a patient to too many CT scans can increase his/her cancer risk
• Unnecessary stents given to patients with blocked heart arteries can increase the chance of health complications
• Prescribing antibiotics for illnesses that can’t be treated with medication
• Giving a patient too much anesthesia
• Prescribing multiple drugs can increase the likelihood of adverse drug reactions

Medical overtreatment refers to giving a patient more medical care than he/she required. In many cases, the outcome ends up the same or worse for the patient than if he/she had been given enough rather than too much medical care. Patients who experience medical overtreatment may have undergone unnecessary, invasive, painful and medical procedures and tests that could have been easily avoided if only the patient received the right amount of medical care.

Washington DC Medical Malpractice

If you or your loved one has suffered because a medical provider made a medical mistake, did not provide you with the proper medical tests or medications, wrongly diagnosed your condition, or administered too many tests or treatments that were unnecessary, you may be able to pursue Washington DC medical malpractice recovery from the liable parties.

Overtreated: More Medical Care Isn’t Always Better, ABC News, June 7, 2010
Related Web Resources:
Medical Malpractice, Nolo
Medical Malpractice, Insurance Information Institute

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl

March 4, 2010 | Lebowitz & Mzhen

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice

EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010
DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack

December 9, 2009 | Lebowitz & Mzhen

The family of Edward Givens is suing the District and Fire and Emergency Medical Services medical director Dr. James Augustine for Washington DC wrongful death. Givens, 39, died of a heart attack in December 2008 just hours after a DC paramedic informed him he was suffering from acid reflux.

The wrongful death complaint holds the defendants responsible for Givens’ death because the paramedic allegedly committed paramedic malpractice. Mishandling documents, incorrectly interpreting medical information, and telling Givens to take Pepto Bismol are some of the actions cited in the Washington DC civil lawsuit.

Six hours after the paramedic’s wrong diagnosis, Givens was dead. The wrongful death complaint says that tests previously taken by the paramedic who treated Givens indicate that the medical worker did not display knowledge meeting the US standard of care for how a paramedic should deal with cardiac conditions and complaints. Givens’ family claims Augustine should have known that the paramedic’s skills were not up to par.

Medical Malpractice Survivors and Families Travel to Washington DC to Stand for Personal Injury Victims’ Rights

October 26, 2009 | Lebowitz & Mzhen

Last week, families from outside Washington DC traveled to the US to ask Congress to preserve medical malpractice victims’ legal rights. Their visit comes as the White House and Congress work on a final health care reform bill that has some lawmakers pushing to limit the legal rights of patients who were injured because of medical negligence.

According to USAction executive director Jeff Blum, about 98,000 Americans die every year because of medical mistakes. Public Citizen’s Congress Watch division director David Arkush notes that even many medical errors are preventable, the number of people affected by medical mistakes has reached epidemic heights. He says that Congress should cure the epidemic, not limit victims’ rights.

Washington DC Medical Malpractice

Doctors, surgeons, nurses, anesthesiologists, dentists, plastic surgeons, optometrists, dermatologists, gynecologists, obstetricians, and other medical professionals must provide patients with a certain level of care. When failure to provide that care results in a medical mistake that causes injury or death, the medical provider can be held liable for medical malpractice.

Grounds for filing a Washington DC Medical Malpractice Claim:
• Failure to obtain informed consent
• Surgical errors
• Wrong diagnosis
• Delayed diagnosis
• Birthing errors
• Negligence, carelessness, or recklessness
• Medication mistakes
• Wrong site surgery
• Leaving surgical tools in patients
• Operating on the wrong body part or organ
• Removing the wrong body part or organ
• Anesthesia errors
• Performing the wrong procedure on the patient

Medical mistakes can be extremely painful and costly for the patient. A medical malpractice victim may even have to undergo more procedures and suffer from medical complications because of a medical error. Medical malpractice can even lead to Washington DC wrongful death.

Injured Medical Malpractice Survivors Travel to Washington, D.C., to Protect Patients’ Rights, Common Dreams, October 21, 2009
Related Web Resources:
Medical Malpractice, Nolo
Health Care Reform, The White House
Medical Practice, Public Citizen

Washington DC Man Dies After Paramedics Diagnose Acid Reflux

December 8, 2008 | Lebowitz & Mzhen

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens’s condition and if this contributed to his death.

Givens’s mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis

If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008
Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007