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New England Medical Malpractice Blog

Understanding preeclampsia and its symptoms

Expectant women typically do what they can to have a healthy pregnancy and rely on their physicians to help them carry their baby to term. Unfortunate conditions like preeclampsia may develop regardless of any precautions taken, putting both the mother and baby at risk.

Proper prenatal care includes monitoring pregnant mothers to identify any potential issues as early as possible. Medical providers should be able to recommend treatments for dangers that arise in utero. So, what can parents do when they receive negligent care?

Examinations and symptoms

Although you may not be symptomatic, tell your provider about any swelling you notice in your hands, legs and feet. Be sure to advocate your yourself if you experience:

  • Dizziness
  • Breathing trouble
  • Vision changes

High blood pressure may also signify preeclampsia. Since this could affect you at any point during your pregnancy, your provider should make note of and investigate any pressure increases during your prenatal appointments.

Complicated treatment

Your provider may suggest taking calcium supplements or low-dose aspirin to treat mild preeclampsia. Bed rest, steroid injections and magnesium injections may also be prescribed after a preeclampsia diagnosis.

However, the only cure for the condition is giving birth. This can present an extremely difficult decision for parents-to-be and their OB-GYN if matters escalate before the baby is fully developed.

An emergency cesarean section may save your baby from life-threatening complications if you’re around 37 weeks along. You can anticipate some relief during the next one to six weeks after delivery.

Doctor responsibilities and patient rights

Getting proper prenatal care is vital for the health of yourself and your baby. Your doctor should provide an appropriate level of care to help bring your baby to term as smoothly as possible.

Recommendations can vary by situation, so you might not get the answers you want if pregnancy complications arise. However, you have every right to receive the care you deserve.

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Why Medical Malpractice Lawyers are Important

Medical malpractice occurs when a doctor or other medical professional fall short in with accepted standards of medical care. As a victim of medical negligent care, having an experienced medical malpractice lawyer to represent you is essential. At DeLuca, Weizenbaum, Barry & Revens, Ltd., we are committed to protecting your rights and helping you secure the compensation you are owed if you have been the victim of medical malpractice.

Reasons for Medical Malpractice

There are a variety of reasons why medical malpractice occurs. These include:

  • Substandard medical treatment causing injury, harm, or death
  • Failure to diagnose or misdiagnosis
  • Neglect of a healthcare professional
  • Surgical error
  • Wrong dosage or incorrect medication prescribed
  • Miscommunication among medical professionals
  • Unnecessary delay of treatment or care

With an experienced medical malpractice attorney working on your behalf, you can have confidence entering into negotiations, mediation, or a courtroom trial. A skilled attorney can help you pursue the maximum compensation you deserve.

Some important reasons to work with a professional medical malpractice attorney as a medical malpractice victim include:

Ability to Obtain Vital Documentation

Attorneys with the right resources and experience can access crucial medical records and other information such as medical bills, insurance records, and proof of lost income to demonstrate the scope of the damages you have incurred.

Access to Expert Witnesses

Medical malpractice cases are often exceptionally technical and complex in nature. As a result, expert testimony is often required to establish important facts. An experienced medical malpractice attorney will have the necessary resources to obtain expert witnesses who can support your case.

Experienced Representation

You need an experienced and skilled medical malpractice attorney to effectively fight against insurance companies that have their own high-powered attorneys working to minimize their liability and required settlement payouts. An experienced advocate can determine fault, causation, liability, and the value of your claim.

As the plaintiff in a medical malpractice case, you need the involvement of an attorney who can perform the necessary research, analysis, and advocacy to bring your claim to a successful conclusion.

At DeLuca, Weizenbaum, Barry & Revens, Ltd., our medical malpractice attorneys are here to fight for the justice and compensation you deserve if you have sustained an injury or illness resulting from medical malpractice or negligence. To set up a free consultation, give us a call today at 401-453-1500 or complete our contact form.

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How and When to Select the Right Medical Malpractice Attorney?

It is important to know when and how to find the best medical malpractice attorney if you have suffered an injury as a result of the negligence of a medical professional or facility. At DeLuca, Weizenbaum, Barry & Revens, Ltd., we are your dedicated advocates to help you obtain the compensation you deserve if you have suffered medical malpractice.

You may need the services of a medical malpractice attorney if:

  • Your doctor failed to diagnose or misdiagnosed your injury or disease
  • You suffered an injury during surgery
  • You were provided the wrong prescription that caused you a health issue
  • You acquired an infection in a doctor’s office or hospital
  • You were not told by your doctor of the possible risks or consequences
  • You were given anesthesia in a wrong manner that caused a health problem

Now, how do you find the right medical malpractice attorney? Consider the following factors about a prospective attorney before making your choice:

Team Approach

An experienced medical malpractice attorney knows that it takes a team of experts and legal professionals with an in-depth understanding of medical issues to successfully litigate a medical malpractice case. It all starts with a client’s first call. At DeLuca, Weizenbaum, Barry & Revens, Ltd., Ltd, we have put together a successful medical malpractice team that includes on-staff nurses who will help us understand and establish the cause of the injury you received. We also enlist the help of medical specialists and medical experts who can explain to a jury the medical standards that apply to your type of care and who are specialists in the treatment of your type of injury. If we can show that the medical care was below the standard of care, that the injury was permanent and significant and that the injury was caused by the substandard care, then we have a case.

Experience

At DeLuca, Weizenbaum, Barry & Revens, Ltd., our devoted, knowledgeable attorneys are dedicated to helping restore the lives of injury victims and their families. We take a strategic, resourceful, and hands-on approach to helping clients recover the financial compensation they need and deserve. With over $100,000,000 recovered for our clients and their families, the lawyers at our firm have been widely recognized throughout Rhode Island and Massachusetts for their excellence in client representation and trial advocacy. Sadly, large insurance companies are able to spend large sums of money on legal defenses. Our experienced legal team has the experience to counter these defenses effectively and know how to maneuver your case to a successful outcome on your behalf.

Aggressive Representation

Our reputation says it all. At DeLuca, Weizenbaum, Barry & Revens, Ltd., Ltd, we have been serving victims and their families across the United States for over 40 years. We are known for our comprehensive intake and case review process, our meticulous investigation techniques, and our aggressive courtroom litigation that ultimately provides our clients to receive the compensation they deserve.

Our medical malpractice attorneys at DeLuca, Weizenbaum, Barry & Revens, Ltd. are here to help you secure the compensation you are owed if you have suffered an injury or illness as a result of medical negligence or malpractice. To arrange a free case review, call our office today at 401-453-1500 or use our contact form.

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Understanding sepsis and why it can occur during labor

Giving birth can present many complications, and every delivery is unique. Some complications simply cannot be predicted by medical professionals. However, your health history, as well as factors such as your weight, age and blood pressure, could give clues about potential risks. It is the job of doctors and nurses to make the entire process of pregnancy and birth as low-risk as possible.

If complications arise during your delivery, this can put you at a higher risk of developing an infection. Infections can occur when equipment is inserted into the body that has not been fully sterilized. Sepsis can occur when bacteria enters your body.

What is septic shock and sepsis?

Septic shock can occur as a result of severe sepsis. Sepsis arises when bacteria enters the bloodstream. For pregnant women or women giving birth, sepsis can arise through a uterine infection, an abdominal infection or a kidney infection. It can also arise if the amniotic sac becomes infected.

What are the symptoms of septic shock?

When a person has septic shock, they usually get a high fever. Occasionally they get an extremely low body temperature and become hypothermic. Symptoms also include having a rapid heart rate and low blood pressure, and the patient will often feel restless and disorientated. They may also have difficulties with their breathing and may suffer shortness of breath and coughing.

How is septic shock treated?

Medical professionals will first make sure that the patient’s blood is circulating properly by administering fluids. Antibiotics will then be given to fight the infections. It may be necessary to operate to remove organs that have been infected.

Can I take action as a result of negligence?

If you believe that you acquired sepsis because of unprofessional care from doctors and nurses, you may want to consider taking legal action. Medical providers have the legal obligation to have high hygiene standards to prevent infections, and it is likely that your care fell short of this if you contracted sepsis.

It is important that you conduct thorough research on the law on medical malpractice in Rhode Island as well as the damages that you may be able to gain if you are successful in your claim.

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Doctor sues his own hospital over patient misdiagnosis

For many in Providence County, the value placed on a second medical opinion may not be high due to the assumption that doctors may tend to support each other’s diagnoses no matter what. It should be remembered, however, that a doctor’s first responsibility is ensuring the well-being of his or her patients, not protecting a contemporary’s reputation. In fact, some patients may find other doctors to be among their strongest advocates in remedying any wrong done to them.

An example of this appears to be unfolding at a Kansas hospital, where a doctor employed there has taken the drastic action suing the facility itself. The driving force behind his decision was due to an error made by a colleague that resulted in a patient not only being erroneously diagnosed with cancer, but also having an organ removed unnecessarily. In his complaint, the doctor goes on to say that steps where then taken to cover up the error, even to the point that the patient still does not know about the misdiagnosis. His lawsuit goes on to say that after bringing the error to the attention of the facility’s chief medical officer, nothing was done. He ultimately chose to inform the Joint Commission of the situation, a decision which later allegedly led to the hospital president retaliating against him.

Relying on a doctor’s opinion after having been potentially misdiagnosed by another may not be easy. Yet it may provide one with the clinical evidence needed to confirm such an error. Using such evidence to successfully pursue a claim of medical malpractice may still be difficult, yet not impossible of one has an experienced attorney on his or her side.

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Parents of teen killed in Tesla crash file a lawsuit

Last May, a deadly crash involving a Tesla occurred in Fort Lauderdale, FL. According to the Associated Press, an electric Model S collided with a wall and then burst into flames. Edgar Monserratt Martinez and the driver, Barett Riley, were both killed in the accident. Another young man was thrown from the car and survived.

Parents claim the battery was defective

Martinez’s parents, Edgar Monserratt and Esperanza Martinez de Monserratt, allege the Tesla battery pack was faulty, and that is why the car caught fire. They also claim the battery was not protected properly, so that made it defective. The parents have filed a lawsuit against Tesla.

Speed control device was removed

Their lawsuit also states Riley’s parents had a speed control device installed on the car by Tesla. The device was removed when the vehicle was serviced, and his parents were not notified.

The vehicle was going 116 mph

The National Transportation Safety Board’s investigation determined the car was going 116 mph before it hit the wall. It slowed only to 86 mph when the airbags inflated. The car had been travelling around a curve, which it missed. The vehicle hit the wall twice and then caught fire.

Driver lost control

Witnesses stated the driver was passing another vehicle and lost control when trying to get into the right lane. At the curve in the road, a sign is posted listing the speed limit as 25 mph with a flashing light.

Tesla claims the battery has no problems, but blames high speed for the outcome.

Car burst into flames twice more

The lithium ion battery reignited twice after the flames were put out. These batteries are known to catch fire and burn quickly. The electric car company claims their batteries catch fire less than batteries in other types of vehicles.

The Martinez family alleges Tesla is negligent and is seeking damages.

Defective products are negligent

In a product liability claim, you must prove you or a family member were harmed, the product was defective and that defect caused the harm. You must also show you or your family member was using the product as intended. The defect can be caused by a manufacturing error, a design flaw or a failure to warn about the danger.

Anyone harmed by a defective product can file a product liability case and hold the negligent party responsible.

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Electronic Medical Records May Increase Risk of Error

Electronic medical records have been widely touted as a way to maximize efficiency in the American health care system. Indeed, the push to abandon paper records is so strong that the federal government is spending $27 billion over the next 10 years to induce hospitals and doctors’ offices to purchase electronic record-keeping systems.

However, concerns are emerging that this transition may not be in patients’ best interests. Rhode Island medical malpractice lawyers and patient advocates are warning Americans that electronic medical records could subject them to increased risk of medical error.

Hospital errors kill between 44,000 and 98,000 people every year. Electronic medical records were initially sold as a way to reduce this number – for example, they can automatically notify a doctor who attempts to prescribe a drug a patient is allergic to and can warn of potential dangerous interactions between medicines.

Unfortunately, little evidence exists to suggest that electronic medical records have lead to increased safety across the American medical system. To the contrary, the Institute of Medicine recently published a report warning that electronic medical records systems add a layer of complexity to an already convoluted health care delivery system.

Technical glitches, software incompatibility and user error can lead medical professionals to overlook signs of a fatal illness and make medication errors. Problems with electronic medical records can also cause delays in needed treatment.

How Can Patients Protect Themselves?

The Department of Health and Human Services is developing a safety and surveillance plan to monitor issues with electronic medical records. However, this will take at least a year. Even then, the system is not expected to be without risk of error.

Good communication is the key to patient safety. Patients shouldn’t take it for granted that their doctor knows everything about their health history. They should be sure to tell their doctor about all the medicines they are taking and all the symptoms they are experiencing. Patients should not be shy about asking questions to ensure they fully understand their medical treatment.

Most importantly, if something doesn’t seem right, speak up. Many times, a patient will recognize an error that a doctor won’t.

If you or a loved one has been harmed by a medical error, you may have legal recourse. Contact an experienced Rhode Island medical malpractice lawyer who can advise you of your options.

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Catastrophic accident caused by DWI driver in stolen dump truck

It is an unfortunate reality that drunk drivers cause a disproportionate number of the vehicle accidents in the United States. Their carelessness leads to over 10,000 deaths each year and tens of thousands of injuries. It is critical that drunk drivers be held responsible for the pain, emotional trauma and monetary damage they inflict on law-abiding drivers and their families.

Such was the case early last month when a drunk driver caused a multi-car collision near the heart of Providence, when a drunk driver ran a red light and struck two other vehicles. The driver of one of the vehicles did not survive; the passenger of the same car was rushed to a local medical facility for serious injuries.

Early morning accident

Brian Pagan Torres was driving a landscaping dump truck just after midnight when he T-boned another vehicle at the intersection of Atwells Avenue and Valley Street. A third vehicle was involved, but no injuries were reported.

Pagan Torres survived the accident with minor injuries, but WPRI reported that the driver of the T-boned vehicle, Frank Perry Jr. was killed on impact. His passenger, Donald “Bo” Hahn, was rushed to the hospital and put into an induced coma with multiple broken bones. Both Perry and Hahn are young fathers. Perry leaves behind two children, ages 8 and two.

Witnesses told police that Pagan Torres fled his vehicle after the collision and ran into a gas station. Multiple bystanders tackled Pagan Torres and forced him to remain on the scene until law enforcement arrived.

Pagan Torres, 25, was charged with several crimes according to Patch, including:

  • Driving to endanger resulting in death
  • Driving to endanger resulting in personal injury
  • DWI resulting in death
  • DWI involving bodily injury

Police also suspect Pagan Torres stole the landscaping dump truck he used to cause the accident. In addition to this, Pagan Torres was also recognized as a probation violator on two previous crimes. A Superior Court judge called him a danger and ordered that he be held without bail.

Life after an accident

A vehicle accident this serious makes an impact that will not go away soon. Perry’s young family is left to contend with a wrongful death while Hahn’s loved ones will face significant medical bills. This is not to mention emotional trauma all may experience, loss of income and companionship and several other strains.

If you or a loved one experience a situation like this, being an advocate for yourself and speaking with a skilled attorney is one of the best things you can do. Flagrant disregard of the law and the safety of others is unacceptable. Individuals that commit these kinds of acts need to be held responsible.

Some things cannot be undone, but a professional can help you seek justice and the resources you will need to get back on your feet.

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Woman awarded over $24 million in medical malpractice case

For most families in Rhode Island, the birth of a child is a time of celebration and happiness. Unfortunately, the aftermath of delivery turned into a nightmare for one family in another state. A medical malpractice lawsuit filed against the hospital as a result of the harm the woman suffered recently resulted in a significant financial award.

The woman was admitted to the Tripler Army Medical Center in July 2013. She was 37 years old at the time and delivering her third child. Several hours after she arrived at the hospital, she was reportedly experiencing a fast heart rate and low pressure and was clammy and pale.

After the baby was delivered, reports indicate that her condition deteriorated with signs apparently indicating that intravenous antibiotics were needed. However, such care was not provided, and when a rapid response team responded, she was already experiencing sepsis. She experienced the failure of many of her organs, and she required a ventilator. Although she was released from the hospital in late August, she was readmitted in September. She has since undergone a kidney transplant and will likely face yearly hospitalizations for the rest of her life.

The hospital reportedly admitted liability in the case, and the judge awarded the woman $24.7 million to cover future medical expenses and to compensate her for lost wages. Even though most hospitals are equipped with medical professionals dedicated to their patients, incidents such as these happen in facilities in Rhode Island and across the country. Often, the only way to ensure that victims of medical malpractice can afford the ongoing medical care they require is to pursue compensation through civil litigation.

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Doctor faces medical malpractice case in man’s death

Did one doctor’s pending legal case lead him to fail in his care to another patient? That is the allegation of one recent medical malpractice lawsuit. A physician is facing charges of medical negligence, as is the hospital he worked for and the group who owned the hospital. Individuals in Rhode Island who are interested in learning more about doctor errors may be interested in the details of this recent and developing story.

The now-deceased patient of the surgeon had reported to the hospital, stating that he was suffering from an extreme headache. After testing, the radiologist notified the physician about enlarged cavities inside the man’s brain, but the surgeon delayed the man’s surgery for approximately 12 hours. The lawsuit alleges that, at that time, the man’s condition was critical and that he did not receive timely care. Unfortunately, the man died due to complications from a failing shunt.

At the time of the surgery, the physician was allegedly involved in criminal activity with at least two other individuals. The malpractice lawsuit alleges that the man’s involvement with the crimes affected his work and led to his improper handling of the man’s medical case. The lawsuit also mentions that the man’s past medical mistakes and work history should have disqualified him from eligibility to work at the hospital.

This physician also faces another medical malpractice case from 2016. In the medical field, a hospital patient is protected by the law when under the care of a physician, and any medical treatments must be provided in a timely fashion to protect the patient’s health. A delay in treatment can result in death. Individuals in Rhode Island who may have faced a similar issue with a doctor may wish to consult with an attorney for a review of the legal case.

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