Expected Payout
$140,452,391.00*
Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment**
Settlement Payout
$ 750,000.00
Heavy equipment operator suffered serious burns when explosion occurred during refueling of machine
* expected payout over 80 years
**Case handled with co-counsel Christopher Meagher, Esq.
-Please note that each case must be evaluated on the specific facts and evaluation of a specific case may vary from "no merit" to a multi-million dollar recovery.
FACTS ABOUT MEDICAL MALPRACTICE
Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.
In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts. Professional Medical Conduct is included in Malpractice
You have undergone treatments and think you never had that medical condition the doctor said you had. You are suffering in pain that should have never occured.
It is possible to get an x-ray or examination by a highly qualified doctor or medical staff. Most of the time there are well studied treatments given for a discovered illness. Although there is rare occasion that you the patient may be misdiagnosed. It mug ht be a cancer, a tumor or some type of illness. You might not have that actual medical problem. That is why our grandparents used to tell to always get a second opinion, and a third or fourth. Below is an actual medical misdiagnosis case a woman has brought to court it involves skin cancer read some of it below.
Has this below happened to you or someone you know? If so contact our law office to find out what your legal options are. As in this case below there are statute of limitation. So if you suspect a problem now, contact our law firm today.
This case involves the misdiagnosis of a cancerous mole. On June 13, 1991, Linda M. St. George went to the offices of Pariser Dermatology Specialists, Ltd., for an evaluation of a mole on her lower left leg. A punch biopsy was performed on the mole. Robert J. Pariser, M.D., an owner and employee of Pariser Dermatology Specialists, Ltd., performed a pathological examination of the biopsied tissue. He diagnosed the tissue as acanthoma, a benign condition. This diagnosis was placed in St. George's medical record and relayed to her.
In March 1993, St. George consulted a plastic surgeon, Dr. Tad E. Grenga, about removal of the mole. At Dr. Grenga's suggestion, St. George requested a copy of her medical record from Pariser Dermatology Specialists, Ltd. Prior to delivering the record, Dr. Pariser reviewed the 1991 tissue slides and determined that the biopsied tissue showed atypical melanocytic hyperplasia, a cancerous condition. He put an addendum report in St. George's medical record reflecting this second diagnosis.
After reviewing the medical record, including Dr. Pariser's addendum report, Dr. Grenga determined that the condition described in the addendum report required that the entire mole be removed, which he did by an excisional biopsy. The pathology report described the biopsied tissue as "invasive superficial spreading malignant melanoma." Based on this report, Dr. Grenga performed a second surgery in which he removed additional tissue around the site of the mole and closed the wound with a skin graft. St. George underwent subsequent procedures including implantation of a tissue expander. The tissue expander was ultimately removed at St. George's request because of the pain and nerve numbness associated with it. St. George continues to have periodic examinations and tests by an oncologist to insure that the cancer has not recurred.
On October 21, 1993, St. George filed a motion for judgment against Dr. Pariser and Tidewater Dermapathology Service, Inc., alleging negligence and fraud. Pariser Dermatology Specialists, Ltd., was later added as a defendant.1 Dr. Pariser and Pariser Dermatology Specialists, Ltd., (collectively "Pariser") filed a demurrer to the fraud count which was sustained. Pariser also filed a plea of the statute of limitations, asserting that St. George's cause of action arose at the time of the June 1991 diagnosis and, therefore, her motion for judgment was filed beyond the two year statute of limitations period. Code § 8.01-243(A). St. George sought a determination by the trial court that her motion for judgment was timely filed as a matter of law. The trial court took this matter under advisement. Following the presentation of the evidence in a three day trial, the trial court granted St. George's motion to strike Pariser's evidence on the issue of negligence. The case was submitted to the jury on the
issues of proximate cause, damages, and the statute of limitations. The jury returned a verdict in favor of Pariser. St. George filed this appeal asserting that the trial court erred in failing to strike Pariser's plea of the statute of limitations as a matter of law.
Disclaimers
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FACT: The cost of medical malpractice liability premiums amount to less than one percent of total health care costs.
The Consumer Federation of America reports that medical malpractice premiums comprise only 0.59 percent of national health care costs - so even eliminating medical liability altogether would do little to reduce health care costs. Malpractice Suits Not Driving Medical Costs Up, Says Group, The New Orleans Times-Picayune, May 5, 1999, at E3.
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found. A survey of doctors and other adults released in December in the New England Journal of Medicine found that more than a third of the doctors said they or their family members had experienced medical errors, most leading to serious health consequences.
