Florida Child Injury Law Blog

Archive for the ‘Medical Malpractice’ Category

The makers of Paxil have settled almost 200 lawsuits in which the antidepressant is claimed to have caused birth defects.  The terms are being kept confidential.

 In the majority of the cases, infants were born with heart defects, the result of the mother taking Paxil while pregnant.  The most prominent case contended the child was born with no fewer than three cardiac defects, including a hole between the two chambers of his heart that disrupted the aorta.

 The news gets more disturbing.  It appears GlaxoSmithKline, the manufacturer, didn’t follow up with additional tests after initial animal testing indicated  the drug might cause problems.  In 1997, a memo from a company executive stated, “If neg, results can bury.”

 Plaintiffs have filed at least 600 cases alleging Paxil is to blame for congenital birth defects.  Paxil generates GSK nearly $3 billion in profits annually.

A South Florida physician is facing allegations his actions led to the death of a Weston, Florida teenager in 2003. 

 Dr. Sohail Punjwani who was admonished by the Food and Drug Administration for his methods in prescribing drugs is the target in the lawsuit.  His decision to prescribe an anti-psychotic drug not approved for adolescents has the deceased’s mother  placing blame.   The lawsuit claims that Punjwani’s care “deviated and departed from the prevailing professional standard of care exercised” by most physicians.

 But there’s more to the case than just that.  Pharmaceutical giant, AstraZeneca which produces Seroquel, the drug Punjwani prescribed, was forced to pay a $520 million dollar settlement to state and federal agencies because of its marketing tactics.  The Department of Justice asserts that AstraZeneca encouraged medical practitioners to prescribe Seroquel for patients young and old for indications not approved by the FDA.

 Punjwani is expected to go to trial later this year.  All of the other parties and institutions named in this case have settled with the family. 

 If you believe you or a family member were harmed or injured as the result of negligent care by a doctor, keep in mind Florida has strict time limits in which a claim for medical negligence may be brought.  Do not delay in contacting a qualified Florida Child Medical Malpractice attorney to discuss your legal rights.

Pediatricians try to ensure child safety.  But a new study states pediatricians admittedly misdiagnose a child once or twice a month.

Common mistaken diagnoses include the following, some of which include medication side effects:

• Whether a child has a viral illness or a bacterial infection
• Ear infections
• Psychiatric disorders
• Appendicitis
• Asthma

 Researchers surveyed more than 700 pediatricians and trainees in gathering their data.  A total of 77% of pediatrician trainees were found to have at least one or two wrong diagnosis during the course of a month.  Almost half of the participants in the study claimed that once or twice a year their mistakes were significant enough to cause a child harm.  Previous research shows the 32% of pediatric medical malpractice claims are due to diagnostic error. 

Medical mistakes such as these can lead to tragedy.  In Minnesota, a jury awarded more than $1.25 million dollars to a family whose toddler died after not being diagnosed with an infected appendix.  Instead the 21-month-old was diagnosed with gastroenteritis.  The family claimed that the boy was misdiagnosed on two separate occasions over the course of four days, including the day prior to his death.  Unfortunately the doctor did not order an ultrasound or CT scan of the child’s abdomen, even after the child cried loudest during that part of the examination.  Evidence was presented at the trial showing the pediatrician scheduled appointments in 10-minute increments.  The family claimed that was proof that he did not allow enough time for each patient.    

 So what are the answers?  In the study, pediatricians generally cited blame in not gathering information through patient medical history reports, as well as examinations and chart reviews.  Parents were also at fault.  A lax attitude in keeping up to date appointments, as well as following along with needed lab work and recommendations led to misdiagnoses too.  The research will be published in the July issue of Pediatrics.

 Physicians in the study admit there are remedies to the errors.  More follow-up with patients, increasing the amount of time spent with patients, as well as a commitment towards implementing better systems, processes and communication among health-care team members would go a long way in improving patient care.

Child Injury Lawyer in Clearwater Florida, working to make safety every child’s reality.

EVAC Ambulance Service has been found at fault for alleged injuries which occurred seven years ago to a Volusia County boy. 

 The morning of September 21, 2003, a woman experiencing premature labor pains went to Bert Fish Medical Center in New Smyrna Beach.  Doctors there conferred and decided to have her treated at Halifax Medical Center.  The ambulance however, transported the woman to Arnold Palmer Hospital in Orlando.  Her infant, weighing 1.7 lbs. was born prematurely, 15 minutes into the trip.  The newborn allegedly suffered a lack of oxygen to the brain, leaving him with cerebral palsy.

 A spokesman for EVAC, was quoted saying, “EVAC paramedics have to care for the tragic consequences of illness and injury every day. We stand behind our paramedics and intend to appeal this verdict.”

 The Dodson Law Firm serves the rights of injured victims and those who have suffered due to medical negligence. Our Florida Medical Malpractice attorneys work on a contingency fee basis which means we do not collect a fee unless we win a successful settlement or verdict.  Call our office toll free @ 1-888-340-0840 for a free legal consultation.

Our Florida medical malpractice attorney

http://www.jwdodsonlaw.com/practice_areas/medical-malpractice-medical-negligence.cfm

Brachial plexus injuries occur during difficult births when a newborn’s shoulder becomes lodged in the birth canal.

 In one case, a jury awarded $1.8 million in damages to the plaintiffs stemming from a brachial plexus injury which left a newborn with only limited use of her right arm.  The parents of the baby alleged the OB-GYN pulled too hard on the infant’s head in an attempt to pry the infant’s shoulder free.  Both the hospital and a nurse, who was also involved in the delivery, settled before trial.

 Our Florida medical malpractice attorneys understand your rights and the solemn obligations of the hospitals and physicians whom our clients rely on every day.  Contact us toll free at 1-888-340-0840 for a free legal consultation concerning your Florida Medical Malpractice claim. 

Medical care today has never been better.  Still, for the new parent, one must be aware of serious neonatal conditions that can arise.

 Developmental Hip Dysplasia is a dislocation of the leg and pelvis.  One in every 1,000 babies born develops this condition.  Generally it is detected at birth and treated instantly by placing the infant in a soft sling for several months. If it’s not recognized and ministered to early, surgery may be required.

 Negligence can play a factor in hip dysplasia not being diagnosed. Thorough hip examinations throughout infancy are essential for proper care.  This condition can be extremely uncomfortable.  

 For more information on developmental hip dysplasia, please visit our Child Injury document library