“You’ll be okay – just take two aspirin and call us back in the morning.” That’s what a doctor said (paraphrased) to a 50-year-old man visiting for crushing chest pain. When the man got home, one of his arteries exploded and he died. When we took on this case, we reached out to experts from Vanderbilt University Medical Center. We received affidavits from those experts claiming that if the doctor above had just done a routine cardio workup as was indicated from his symptoms, he would have had an 80% chance of survival. Instead, the cardio workup wasn’t done and the man died. The man had an aneurysm in his chest that was on the verge of rupturing. This was
As a medical malpractice attorney, I’ve seen the question asked before – “Which doctors get sued the most?” In a recent CBS News article, they touched on this subject listing the top 10 most frequently sued doctors according to their study. In general, according to data, Americans file more than 17,000 medical malpractice lawsuits a year. Here’s how the different doctors stack up. Neurosurgeons – 19.09% of doctors face a claim each year. Thoracic-cardiovascular surgeons – 18.9% of doctors face a claim each year. General surgeons – 15.31% of doctors face a claim each year. Orthopedic surgeons – 14.16% of surgeons face a claim each year. Plastic surgeons – 12.7% of doctors face a claim each year. Gastroenterologists – 11.64% of doctors face a
By: Darrell Castle You can learn everything you need to know about medical malpractice by reading my short e-book, Medical Malpractice 101. You can go here and download it for free. But what about compensation in particular? If you’re a victim of medical malpractice, how much compensation can you receive? Medical malpractice is different from other negligence lawsuits in which the extent of the damages determines the amount of compensation recovered. For medical malpractice to be present, the medical provider must be outside the standard of care to the extent that ANY reasonable doctor would’ve acted differently. That level of negligence enhances the compensation award if the injury is severe and life changing. If those things are present, then the
Krystal Huffman, the 30 year old mother of Braylyn Evans, lost her baby during delivery in November 2011 at Wake Forest Baptist Health – Lexington Medical Center (LMC). Huffman arrived at LMC at 40 weeks and two days gestation with baby Braylyn set to be induced. Huffman has gestational diabetes controlled by a diet. That, plus an issue with a prior delivery, complicated her pregnancy with Braylyn. According to the lawsuit, Huffman was admitted into labor and delivery at 4:55am. At this time, Pitocin/Oxycotin was started. Throughout the day, there were multiple signs of fetal distress with no action taken. At 6:34pm that same day, Braylyn was delivered. She was not breathing, had no heartbeat and was unresponsive. About an
What doctors are sued the most for medical malpractice? By: Darrell Castle Certain medical specialties pose more risk than others, which can lead to some specialties being sued more than others. Usually you don’t sue over a small injury – because you likely won’t win. You have to be able to show significant damage. While that does mean certain doctors are more at risk than others, those doctors also tend to receive higher pay for their expertise – because when they do their job well, they’re absolutely invaluable. Here are the specialties that face medical malpractice suits most often: Neurosurgery Thoracic-cardiovascular surgery General surgery Orthopedic surgery Plastic Surgery Gastroenterology Obstetrics and gynecology Urology Pulmonary medicine It’s important to note
Dangers of Drowsy Driving While we all want to believe we understand the dangers of drowsy driving, the statistics show we don’t always take proper caution. According to a November 2014 study by the AAA Foundation for Traffic Safety, 1 in 5 fatal car accidents involve a drowsy driver. The possibility of you or any driver waking up in a car accident is scary and real. A lack of sleep slows your reaction time. It reduces your ability to process information, pay attention, and have accurate motor control. So what can we do to stop it? Warning Signs of Drowsy Driving Statistics show that drivers who get less than 8 hours of sleep nightly are more likely to have a wreck
By: Darrell Castle Usually when a person dies in a medical malpractice case, the insurance company (or the jury, if the case goes to trial) try to determine the “life value.” “Life value” is a pretty cold phrase: it’s the technical term for determining how much a life is worth, and it’s determined as a mathematical equation by special companies with actuarial tables. Hypothetically, if the malpractice victim was a 27-year-old brain surgeon and mother of 2 children, the life value would be considered very high: She had a long life ahead of her, with a family depending on her for emotional and financial support. She had a high income and was responsible for helping a lot of people. But
A new proposed law traveling through the TN state legislature may affect future malpractice cases – and not necessarily in a good way. The bill – HB2979 (also SB2789) – would allow attorneys for health care providers in medical malpractice cases to access all medical records of the patient filing the claim, including mental health records and any records related to drug or alcohol abuse, even if the previous treatments had nothing to do with the current malpractice case. The law would also allow the health care provider’s attorney to interview the patient’s doctors without the patient or patient’s attorney present. What could this mean for people trying to file medical malpractice cases in Tennessee? For one, this new proposed
We pause this weekend to remember those who have, as Abraham Lincoln said, given “the last full measure.” This Memorial Day, I suggest a walk through a national cemetery. As you look at the long lines of markers, you will see one that says “the price of freedom is visible here.” I once wore the uniform of a United States Marine Corps Officer, so it is a special honor and privilege for me to thank those of you who are currently serving and those who have served in the past. Anyone who has served knows that military service is something that stays in your heart and mind for life. I hope and pray that all of your lives are long
As we recover from holiday spending and head into spring, for some it may feel like debt has taken over their lives and 2015 looks glum. Are you suffering in silence over money owed and don’t see a viable way out? Bankruptcy may be a good option for you when all hope feels lost. If you’ve reached a point where you cannot pay all that you owe, bankruptcy can allow you to have a fresh statt. What does filing for bankruptcy entail? How much will it cost? What does that mean for the average person? Below are several of the frequently asked bankruptcy questions we get in Memphis. Why does bankruptcy have such a negative connotation? While bankruptcy often gets