How does a jury decide a medical malpractice case?

Posted on June 10th, 2010 No Comments

When medical malpractice cases go to trial, the verdict of the trial will typically be left up to a jury. During the trial, both sides will present evidence, key witnesses, and arguments to persuade the jury.

One of the most important parts of a medical malpractice trial is the expert testimony. This testimony will come from doctors who have experience or expertise in the related medical issue. It will help support or deny that the physician’s actions followed standard medical practices.

If you or anyone you know has questions about a medical malpractice trial, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., at 800-346-5529.

Air Force hospital medical malpractice case likely headed to Supreme Court

Posted on June 4th, 2010 No Comments

A medical malpractice case is likely going to come before the Supreme Court.  The case involves numerous complaints about medical malpractice at an Air Force hospital.

While there have been a number of complaints related to medical malpractice, one case involves a man who was undergoing an appendectomy. After the operation, the man apparently stopped breathing. In an attempt to resuscitate the man, the nurses and other medical personnel allegedly committed gross negligence that led to the man’s death.

If you or anyone you know has a medical malpractice case, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., at 800-346-5529.

Woman gets $3.5 million for surgery complications

Posted on May 14th, 2010 No Comments

A 53-year-old Maryland woman was awarded $3.5 million by the jury after a surgery for blocked arteries left her paraplegic, unable to walk and in constant pain. She sued the two surgeons and their business. The woman’s lawyers claim that an improper grafting technique was used in her surgery, leading to blood loss and a spinal cord injury.

Court records show that she was awarded more than $200,000 for previous medical bills, $2 million for future medical bills and $1.3 million for non-monetary damages. The doctors are considering an appeal, saying the technique they used was appropriate, and that her complications could have happened in even the best situations. They also hope to reduce the amount of money the woman was awarded in the medical malpractice suit.

Man sues for testicle removal

Posted on May 7th, 2010 No Comments

The trial is underway for a case in which a 23-year-old man sued University Medical Center in Tucson, Ariz., for what he claims was the unnecessary removal of his right testicle. He said he was under the impression that he was merely going in for a biopsy and that his testicle would only be removed if found cancerous. When he awoke from surgery to discover his testicle missing, he assumed it had been found cancerous, he said.

He said he later found out his biopsy was negative. The hospital is fighting back, however, saying the man knew from the beginning that his testicle would be removed. A nurse testified that he had told her he was coming in to have it removed.

If you would like to know more about medical malpractice claims or if you have been hurt by the negligent actions of a health care professional, contact the New  Jersey medical malpractice attorneys of Levinson & Axelrod at 800-346-5529.

Tennessee doctor charged with sexual battery

Posted on April 30th, 2010 No Comments

A Tennessee doctor has been charged with two counts of rape by fraud and sexual battery by fraud. He was arrested Sept. 22, 2009, but the case has not yet been settled. The judge for the case recently extended the settlement date for criminal charges against the doctor to June 17, 2010.

The suit against him alleges that he touched female patients inappropriately while presenting his actions as justified medical procedure at the Urgent Care Clinic on Long Hollow Pike in Goodlettsville, TN.

Three women have testified that the doctor lowered their pants and groped them inappropriately, asking if it hurt. The names of the women have been concealed in the lawsuit filings out of respect for the rape charges.

The attorney for two of the three lawsuits said that he will be refiling medical malpractice suits on behalf of his clients in addition to the current suits in court.

“We will be pleading in the alternative that these acts constitute medical malpractice; however we will continue to pursue our claim of medical battery as well,” he said.

If you or someone you know has had your trust in a medical professional abused, contact the New Jersey medical malpractice lawyers of Levinson & Axelrod by calling 800-346-5529.

Georgia man awarded $1.5 million in medical malpractice suit

Posted on April 21st, 2010 No Comments

A 47-year-old Georgia man has been awarded $1.5 million in a medical malpractice suit in the first settlement following the recently overturned state cap on non-economic damages.

The suit was filed against a Georgia hospital and a number of nurses after an intravenous needle was incorrectly inserted into the man’s wrist. The flow of medication into the man’s hand eventually caused it to swell to painful and irreversible proportions. Doctors were forced to perform a number of operations to return the hand to normal, but were unable to save his thumb, which was amputated.

The settlement was awarded only four days after the state supreme court struck down a $350,000 cap on Georgia malpractice suit damages. Had the cap still been in place the settlement would have been limited to a maximum of $400,000.

This man deserved to be compensated for his mental anguish and the loss of his thumb. If you or someone you know has been unjustly injured due to the negligence of a medical professional, contact the New Jersey medical malpractice lawyers of Levinson & Axelrod by calling 800-346-5529.

$1 million awarded in medical malpractice suit

Posted on April 14th, 2010 No Comments

A Harpswell woman and her husband were awarded $1 million Friday, April 9,  in a medical malpractice suit that claimed cancer had spread through her body due to her doctor’s inadequate care.

The woman had recovered from breast cancer in the 1990s, which her doctor was aware of. However, when she complained of back and hip pain that became progressively worse, her doctor did not perform tests that would have determined if the cancer had returned and spread to her bones.

The doctor ignored her complaints of pain in several yearly checkups and did not make note of them in his progress notes, making it appear that she was pain-free during that time.

This verdict does not suggest that doctors must carry out an entire battery of tests every time a patient complains of pain, but instead that a doctor must listen to his or her patient and take into account their medical history in making accurate decisions.

The couple was also awarded an additional $160,000 to cover medical costs.

If you or a loved one has been the victim of a negligent doctor or medical practitioner, contact the New Jersey medical malpractice lawyers of Levinson & Axelrod by calling 800-346-5529.

Michael Jackson’s doctor will not take plea bargain

Posted on April 6th, 2010 No Comments

The personal physician of the late Michael Jackson will not take a plea bargain in the case of the singer’s death.

The doctor stands by his original claims that he did nothing wrong on the night of the singer’s death. He has pleaded not guilty to the charge of involuntary manslaughter back in February, and he states that he will not agree to a plea bargain. Under a plea bargain, the doctor would plead guilty to a lesser charge. The doctor has been accused of administering a powerful dose of a sedative that killed the singer.

If you or a loved one has been injured or killed due to a medical mistake, contact the New Jersey medical malpractice lawyers of Levinson & Axelrod by calling 800-346-5529.

Black market cosmetic injections sicken 6 NJ women

Posted on March 19th, 2010 No Comments

Six New Jersey women became seriously ill after receiving cosmetic injections with a black market substance that contained industrial silicone, the type found at hardware stores.

The woman underwent “butt-enhancement” surgery and later returned to the hospital with their rear-ends covered in abscesses and skin infections. Investigators are still trying to trace where the dangerous substances came from and who was responsible for their manufacture.

It is the responsibility of a plastic surgeon to ensure that your surgery goes safely and to take every effort to try to prevent any adverse side effects. If you or a loved one has been a victim of a botched surgery, contact the New Jersey surgical error lawyers of Levinson Axelrod at 800-346-5529.

Politicians Continue to Spar Over Healthcare Reform

Posted on March 5th, 2010 No Comments

Politicians on both sides of the political divide are continuing to spar over healthcare reform, particularly whether or not tort reform is required. The decision could affect the ability of victims of medical malpractice to get adequate compensation following their injuries. If you or someone you love has been injured through medical care, the New Jersey medical malpractice attorneys of Levinson-Axelrod may be able to get you the money you need.

The healthcare debate is one of the most virulent in American politics today, with partisans on both sides fighting to reform the system. Some lawmakers have been fighting to place caps on the amount of money that can be awarded in medical malpractice cases, saying that these awards ultimately cost the taxpayers money. However, studies have shown that the damages in malpractice cases have little effect on the overall cost of healthcare.

If you or someone you love has been the victim of insufficient or negligent medical care, the New Jersey medical malpractice attorneys of Levinson-Axelrod may be able to help you get the compensation you need. Contact us today by calling 800-346-5529.