Oklahoma City Personal Injury Lawyer - Medical Malpractice

Oklahoma GOP - Are Caps Conservative?

Jeremy Thurman — Sat, 22 Nov 2008 00:11:24 GMT

A story on wcbstv.com exemplifies the fallacy behind the Oklahoma GOP’s vain attempt to push tort reform more aptly named Civil Amnesty as it’s not reform but Amnesty for big business and big insurance in Oklahoma. Senator Coffee and his ilk want to limit non-economic damages which are sometimes called “pain and suffering damages” to $300,000.00 so they can save their insurance friends some money.

In the wcbstv article, it talks about what can only be described as a grievous example of medical negligence. The story begins with the following “She was a vibrant young mother who went to a Brooklyn hospital for what she thought was a kidney stone. She wound up leaving without her hands and feet because of what her lawyers call a "medical mistake." The 32-year-old suffered an infection and ended up a quadriplegic with impaired vision. Because of this hospital, this emergency room, with back pain and side pain, and she leaves here on a stretcher with no hands and feet and legally blind, said Sanford Rubenstein, Mullings' attorney.”

Now according to Senator Coffee and the Oklahoma GOP, the maximum amount of pain and suffering this quadriplegic, blind mother suffered is $300,000.00. Yep that’s right, $300,000. Even if you readers, who may be nurses, teachers, paper mill workers, welders, deacons, preachers et. al. determine that she deserved $1,000,000.00 in pain and suffering damages, Senator Coffee and the Oklahoma GOP would say that you were wrong in awarding what you did and allow the insurance company to only pay $300,000.00. I suppose they are just smarter than you Oklahomans.

Ask yourself is this truly conservative? Do conservatives really believe that government knows better than private citizens in deciding issues? Do conservatives really believe that government intervention is warranted to protect insurance companies? I think not and yes I’m a true conservative. There is a beautiful thing about our judicial system, it currently is non-partisan and non-special interest controlled. These so called conservatives now in power at the state capitol don’t want it that way. They want an activist judiciary changing the will of the people called to serve on a jury.

Originally posted at InjuryBoard by Jeremy Thurman

Nurse Infects Patients and Keeps Practicing

Jeremy Thurman — Fri, 21 Mar 2008 23:18:28 GMT

The following reported by Yahoo is just another scary incident where the medical profession has failed to police itself. With all the talk of tort reform et al, this gives me the biggest evidence against such. Doctors and medical professionals routinely fail to police themselves leaving on us medical malpractice lawyers to do such. I have seen simliar circumstances of coverup, lies and continuing medical care being provided by bad doctors whom are known as bad doctors and medical professionals. Yet nothing is done except to cover-up the wake of malpractice they leave in their footsteps.

At least 15 military service members or their relatives are believed to have been infected with hepatitis by a nurse suspected of stealing their painkillers during surgery.

The nurse, retired Army captain Jon Dale Jones, was arrested this month in Miami on federal charges of assaulting three of those patients and possession of a controlled substance by fraud.

The outbreak -- and the nearly three-year-long criminal investigation that followed -- apparently did not prevent Jones from continuing to work as nurse in Texas and at least two other states and Washington, D.C.

Originally posted at InjuryBoard by Jeremy Thurman

Two doctors cleared in John Ritter's death

Jeremy Thurman — Fri, 14 Mar 2008 15:39:39 GMT

It just came accross on yahoo.com that 2 of actor's John Ritter's doctors were cleared of negligence in this high profile medical malpractice case.

Yahoo is reporting that the jury cleared a cardiologist and a radiologist today of negligence in the diagnosis and treatment of actor John Ritter, who died of a torn aorta in 2003. Jurors found that the radiologist advised Ritter to follow up with treatment by a physician after a body scan two years before his death. Ritter didn't follow the order.

If you haven't been following the case, the lawsuit was brought by Ritter's widow and children. They were alleging negligence against the two doctors. The jury returned a 9-3 verdict means there is no damage judgment against the doctors.

One interesting thing I found, is that the Ritter family had already settled with eight other medical personnel and the hospital previously made settlements with the family totaling $14 million.

To read more on the story follow the link posted above to Yahoo.com

Originally posted at InjuryBoard by Jeremy Thurman

Fisher Invokes Fifth Amendment over 40 Times

Jeremy Thurman — Tue, 29 Jan 2008 09:48:50 GMT

The Daily Oklahoman
January 29, 2008
By Don Mecoy
Business Writer

Imprisoned former state Insurance Commissioner Carroll Fisher invoked the Fifth Amendment more than 40 times during a civil trial Monday in federal court to avoid answering questions about his relationship with American Fidelity Assurance Co.

"I respectfully decline to answer that question, sir," Fisher said repeatedly, claiming his constitutional right to avoid incriminating himself. Fisher was subpoenaed to testify in a trial prompted by an Oklahoma City woman's lawsuit challenging American Fidelity's payments for a cancer policy purchased by her late son.

Fisher's attorney failed to quash the subpoena, and defense attorneys unsuccessfully argued that Fisher's unresponsive testimony would be irrelevant.

Fisher, citing the Fifth Amendment, refused to answer questions about the lawsuit or American Fidelity during a sworn deposition in April.

Fisher was insurance commissioner nearly six years before resigning in September 2004. He was sentenced to a three-year prison term after his conviction for embezzling $1,000 of his state campaign funds and lying on a contributions report.

Fisher, dressed in dark gray pants and a light gray shirt, was accompanied by a federal marshal when he arrived in court. Fisher swore an oath, identified himself and then refused to answer any questions during his 20 minutes on the witness stand.

American Fidelity spokesman Brent Gooden declined to comment on the case, citing an order from U.S. District Judge Vicki Miles-LaGrange who is presiding over the civil trial.

Plaintiff's attorney Tony Gould asked Fisher why he wrote a letter challenging American Fidelity's new policy regarding "actual damages" soon after taking office, but later issued a letter approving the change. Gould asked Fisher if he accepted "any money or form of inducement in exchange for writing" the second letter.

Fisher refused to answer the questions.
Defense attorneys, through their questioning, noted that as many as 100 individuals and companies contributed to a Fisher fundraiser.

Fisher also declined to answer defense questions.
Dolores Metzger's lawsuit against American Fidelity claims company directors changed the company's policy in 1994 on how it pays for claims on limited benefit health insurance policies, such as the cancer policy purchased by Metzger's son.

Metzger was the beneficiary of the cancer policy.
Before the change, the company paid whatever the patient was billed, the lawsuit states. After the change, the company issued benefits based on the often discounted amounts that health care providers charged insurance companies, the lawsuit claims.

Michael Metzger bought a cancer benefit policy from American Fidelity in 1992.
He was diagnosed with cancer in November 2004 and died Jan. 4, 2005.
The company, in its filing, admits that before 1994 it paid certain covered claims based upon a provider's original billed charge without consideration of discounts. American Fidelity also agrees that since 1994, it has paid actual charges benefits on its cancer policies based on the amount a provider accepts as full payment.

But American Fidelity in its filing denies the lawsuit's characterizations that it violated Oklahoma law or public policy or that it acted in bad faith.

Originally posted at InjuryBoard by Jeremy Thurman

Woman Misdiagnosed With HIV Gets $2.5 M

Jeremy Thurman — Thu, 13 Dec 2007 09:24:00 GMT

I recently came across this article on the AP detailing a jury verdict for $2.5 million for a woman who underwent 9 years of AIDS treatments when she actually did not have the virus. The article states that "a jury awarded $2.5 million in damages to a woman who received HIV treatments for almost nine years before discovering she never actually had the virus that causes AIDS. In her lawsuit against a doctor who treated her, Audrey Serrano said the powerful combination of drugs she took triggered a string of ailments, including depression, chronic fatigue, loss of weight and appetite and inflammation of the intestine."

To read more follow the link: http://apnews.myway.com/article/20071213/D8TGI7480.html

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jeremy Thurman

Doctors Fail To Report Medical Mistakes

Jeremy Thurman — Wed, 05 Dec 2007 15:16:32 GMT

"There is a measurable disconnect between what physicians say they think is the right thing to do and what they actually do," said Eric Campbell of Massachusetts General Hospital and Harvard Medical School in Boston, who led a survey showing that "nearly half of all U.S. doctors fail to report incompetent or unethical colleagues, even though they agree that such mistakes should be reported." These researches found that "46 percent of physicians surveyed admitted they knew of a serious medical error that had been made but did not tell authorities about it."

To read more follow the link.

Originally posted at InjuryBoard by Jeremy Thurman

Medical Malpractice Insured Raking in Profits

Jeremy Thurman — Fri, 07 Sep 2007 11:18:18 GMT

As we head into another election cycle and legislative year where we are sure to hear the endless drones of our state so called leaders that Oklahoma desperately needs lawsuit reform. They will drone on about how doctors are leaving the state (false) and then proceed to speak about how horrid doctors insurance rates are. Well, I'm here to call them on their fabrication and lies. Below I've copied a press release by Physicians Liability Insurance Company of Oklahoma stating that they are raking in the money. Now that they are so prosperous, wonder if they will reduce rates and even if they do do you think we will hear about it.

Physicians Liability Insurance Company (PLICO), the preeminent medical professional liability insurance company in Oklahoma, announced that in just over two years it has overcome a $143,000,000 surplus deficit. Carl Hook, M.D., President and CEO of PLICO, said, "We beat the projections by 1 1/2 years and are currently building positive capital. What a turnaround! This is one of the most remarkable financial recoveries in insurance industry history!"

Due to a medical professional liability crisis for loss years 1998 through 2001, which resulted in a huge increase in the size of awards as well as an increase in the frequency of claims reported, independent actuaries determined PLICO to have a surplus deficit in December of 2003. A Capitalization Plan was developed and implemented on July 1, 2004 to address this financial problem.

Dr. Carl Hook said, "The success of the recapitalization effort is due to our loyal physicians who understand the value of determining their own destiny in professional liability coverage. PLICO looks forward to continuing its long term commitment to Oklahoma doctors and patients."

For more information on this subject matter please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jeremy Thurman

Man Dies After Surgeon Operates on Wrong Side of Head

Jeremy Thurman — Fri, 24 Aug 2007 15:22:45 GMT

An 86-year-old man has died three weeks after a surgeon operated on the wrong side of his head, and state health authorities were investigating whether the mistake contributed to his death. Here is the link

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jeremy Thurman

250,000 Medicare Deaths a Year Preventable

Jacob Diesselhorst — Mon, 09 Apr 2007 10:18:53 GMT

Approximately 250,000 Medicare patient deaths involving medical errors could have been prevented, the study found.

The study tracked 16 patient safety measures over the three-year period. The safety problems with the highest rate of occurrence were decubitus ulcers or bedsores, failure to rescue, and post-operative respiratory failure. Two years ago, President Bush signed the Patient Safety and Quality Improvement Act to help reduce preventable medical errors in healthcare facilities.

See the study at: www.healthgrades.com/media/dms/pdf/PatientSafetyInAmericanHospitalsStudy2007.pdf

Originally posted at InjuryBoard by Jacob Diesselhorst

Research Finds 40% of Pregnancy-Related Deaths Potentially Preventable

Jacob Diesselhorst — Mon, 09 Apr 2007 10:15:55 GMT

Washington, DC -- The overall maternal mortality rate in the US is not as low as it could be, according to a review of pregnancy-related deaths published in the December issue of Obstetrics & Gynecology. The review found that 40% of all pregnancy-related deaths in North Carolina from 1995-1999 were potentially preventable. Worldwide, complications of pregnancy are a major source of mortality among women. Although the US saw a 99% reduction in maternal death during the 20th century, 29 developed nations still have lower maternal mortality rates.

The North Carolina Pregnancy-Related Mortality Review Committee examined 108 cases in which death occurred within one year of the end of the pregnancy and was caused by the pregnancy or its treatment. The study found that 41 of these deaths may have been averted by one or more changes in the health care or counseling provided or by changes in patient actions. Results suggest that lack of preconception care, patient actions, failures in the health care system, and a substandard quality of care were the four main contributors in the preventable deaths.

In cases involving lack of preconception care, there was no evidence that women with serious medical conditions were counseled about the risks of pregnancy before becoming pregnant. Patient actions contributed to mortality when women did not follow medical advice, failed to follow up with care or recommended therapies, or failed to seek care in a timely fashion. In some instances, failures in the health care system led to inadequate planning for patient follow-up or transfer. Quality of care contributed to mortality when the care provided was below expectations for the level of facility in question.

Preventable causes included hemorrhage, pregnancy-induced hypertension, and complications of chronic disease (e.g. cardiovascular disease). Deaths from conditions such as amniotic fluid embolism were not considered preventable.

Researchers suggest more comprehensive study of maternal mortality cases and an open dialogue among clinicians to develop strategies that will continue to make pregnancy even safer for US women.

Contact: Cynthia J. Berg, MD, Centers for Disease Control and Prevention, Atlanta, GA, at cjb3@cdc.gov.

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Studies published in Obstetrics & Gynecology, the peer-reviewed scientific journal of The American College of Obstetricians and Gynecologists (ACOG), do not necessarily reflect the policies or opinions of ACOG. ACOG is the national organization representing over 49,000 members who provide health care for women.

Originally posted at InjuryBoard by Jacob Diesselhorst