Fatal Medical Errors

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Legally Reviewed by
Allan Siegel

Updated 2 years ago

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Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time.

Sheldon (00:05): In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same.

Sheldon (01:00): So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us.

Sheldon (01:49): The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for.

Wrongful Death Caused By Medical Malpractice

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It may seem like common sense that hospitals would not charge for medical errors such as leaving objects inside of patients after surgery, or amputating the wrong limb, but unfortunately, when it comes to medical billing practices, common sense and reality are rarely one in the same. New Medicare/Medicaid regulations may save tax dollars, and provide a legal foundation for medical malpractice victims.

Medicare and some health insurance companies have decided to put their foot down on avoidable medical errors and refuse to pay for them. In the case of the new Medicare regulations, not only will Medicare stop paying for the mistakes, but hospitals will no longer be able to bill patients for them.

Effective in October, 2008, Medicare will no longer pay for, and hospitals can no longer bill you for:

  • Object mistakenly left in a patient during surgery
  • Bedsores
  • Preventable air embolism
  • Complications from incompatible blood transfusions
  • Catheter-associated urinary-tract infections
  • Vascular catheter-associated infection
  • Surgery-site infection after coronary-artery-bypass graft surgery
  • Patient falls

WHAT THIS MEANS TO YOU

If you have been the victim of a medical error, which is recognized as unbillable by Medicare, you have a better chance of winning in a medical malpractice lawsuit. It means that the tide is turning, and that a minimal standard of care is being recognized and expected. It means that there is a tangible list of errors for which you cannot be legally billed. That list is expected to grow.

SOME HOSPITALS ARE MAKING VOLUNTARY CHANGES

The American Hospital Association now asks its member to refrain from charging from 28 medical errors including:

  • Surgery on the wrong patient
  • Surgery on the wrong body part
  • Wrong surgical procedure
  • Leaving a foreign object inside of a patient
  • Discharging an infant to the wrong person
  • Death or disability of the mother in a low-risk pregnancy
  • Death or serious disability in an infant associated with jaundice
  • Artificial insemination with the wrong donor sperm or wrong egg
  • Abduction of a patient
  • Sexual assault of a patient
  • A death or significant injury of patient or staff from physical assault
  • Care ordered by someone impersonating a physician, a nurse, a pharmacist or other licensed health-care provider

When left unattended, the ramifications of medical malpractice can affect your health, your credit, and your financial future. Mistakes and errors, which you may feel that you should not have to pay for, may still be billed, and those bills can haunt you for years to come. If you have been the victim of medical malpractice, and have been billed for medical errors, simply refusing to pay will not clear you of your debt. You need the help of an experienced medical malpractice attorney.

If you or a loved one has been the victim of medical malpractice in Washington, DC, please contact one of our experienced medical malpractice attorneys today. We will examine your case at no cost. Our accident attorneys are committed to ensuring justice for you – the victim.

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