San Jose Medical Malpractice Lawyer Blog

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff's counsel argued that the VP shunt was not worked up at admission because of miscommunication. The lawyers also argued that the neurosurgeon performed the craniectomy instead of addressing the possible VP shunt malfunction. Despite evidence of increased intracranial pressure caused by excessive CSF, the neurosurgeon opened the “drum tight dura” and a portion of the child's brain stem herniated through the incision under considerable force.

The health care providers did not bill for the majority of services that the teen required post-surgery during his hospitalization. The health care liens were settled for $80,000.
The plaintiff experienced developmental delays, microcephaly and periodic seizures prior to the incident. At the time of the incident, he was receiving special education classes. He was functioning on a first-to-second-grade level. He was fluent in Spanish and English, very sociable and interacted appropriately with his peers, according to plaintiff's counsel. He was independent in dressing, bathing, preparing simple meals, obtaining his own drinks, and feeding himself.

The child's wage loss contentions were limited due to his level of pre-occurrence cognitive deficiencies.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Teen in Vegetative State After San Jose Doctor Operates Negligently in Medical Malpractice Case, Part 2 of 2 " »

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Catastrophic brain stem injury was reportedly caused by primary trauma associated with the herniation and massive subsequent hemorrhage. The teen is in a persistent vegetative state with a tracheotomy. He is dependent on a gastrostomy tube for nutrition and requires round-the-clock attendant care. Plaintiff experts calculated his monthly care costs to be $50,000.

Facts:
In April 2006, the plaintiff, a 13-year-old fifth-grader, presented to health care providers with complaints of persistent headaches for four days. Based upon a CT scan and the clinical presentation, the attending pediatric neurologist suspected that the headaches were due to increased intracranial pressure caused by a build up of cerebral spinal fluid (CSF) probably due to a ventriculoperitoneal (VP) shunt malfunction.

The plaintiff was born with hydrocephaly, a condition occurring secondarily to obstruction of the CSF pathways in the brain and accompanied by an accumulation of CSF within the skull. He had a VP shunt inserted, which drained CSF from the brain to the gut, decreasing and stabilizing intracranial pressure. The VP shunt was controlled by a pressure valve, which opens the shunt when excess CSF causes increased intracranial pressure. It is common for CSF to form clots, causing the shunt to malfunction.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " San Jose Medical Malpractice Case Results After Boy Suffers Catastrophic Brain Stem Injury, Part 1 of 2 " »

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff then underwent neoadjuvant chemotherapy with Taxol, Adriamycin, and Cytoxan. She underwent bilateral mastectomies on January 4, 2009. A residual tumor measuring 5.5 cm was found in the upper outer quadrant of the right breast. Axillary node sampling revealed five metastatic nodes.

In May 2010, plaintiff was diagnosed with metastatic disease to the lung, liver, and bone. This represents incurable Stage IV disease.

Plaintiffs alleged that the June 30, 2006 mammogram showed a new density in the right superior breast on the MLO study. They contended that this finding should have been appreciated, that the mammogram should have been read as a BIRADS 0, and further imaging studies should have been conducted. Plaintiffs argued that had this been accomplished, it was medically probable that the diagnosis would have been made in July 2006 rather than July 2008. Plaintiffs further alleged that, had the diagnosis been made in July 2006, with the same chemotherapy as she received in 2008, her likelihood of cure would have been upwards of 70 percent.

The defense contended that the June 30, 2006 mammogram was properly read. They further contended that plaintiff was herself at fault for not obtaining a mammogram in June 2007, as instructed. Had she been compliant, her cancer would have been diagnosed based on a June 2007 mammogram and her cancer was curable at that time.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " San Jose Medical Malpractice Case Due To Missed Early Diagnosis in Breast Cancer Case, Part 2 of 2 " »

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

CASE INFORMATION
According to Plaintiff: Plaintiff, currently a 42-year-old accountant at a bank, underwent a mammogram on June 30, 2006 read by defendant radiologist. The study was interpreted as a BI-RADS 1, within normal limits. She was instructed to return for an additional screening mammogram one year later, but did not.

Plaintiff next underwent a screening mammogram on April 5, 2008. That study was read as showing a density in the right upper breast on the MLO view only. The report stated that the density had increased in size from the 2007 study. The study was read as BIRADS 0, additional studies needed. Plaintiff then underwent a diagnostic mammogram and ultrasound on April 20, 2008. These studies were interpreted by defendant as benign, BI-RADS III, follow up in four months requested.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " San Jose Woman Improperly Diagnosed Results in Terminal Cancer, Part 1 of 2 " »