MEDICAL MALPRACTICE. $______ CONFIDENTIAL RECOVERY - MEDICAL MALPRACTICE - CARDIOLOGY NEGLIGENCE - NEGLIGENT INJECTION OF AIR INTO CATHETER DURING ANGIOPLASTY PROCEDURE - WRONGFUL DEATH OF 72-YEAR-OLD PATIENT.

Pages19-20
$4,581,075 VERDICT - MEDICAL MALPRACTICE - ONCOLOGY NEGLIGENCE -
UNNECESSARY HYSTERECTOMY - BOWEL PERFORATION - FAILURE TO TIMELY
DIAGNOSE AND REPAIR BOWEL LEAK - PERITONITIS - SEPSIS - LACK OF INFORMED
CONSENT - MEDICAL BATTERY CLAIM.
Miami-Dade County, FL
In this medical malpractice action involving the
performance of a laparoscopic hysterectomy
whichresultedinabowelperforation,the44-
year-old female plaintiff contended that the
hysterectomy was unnecessary and that the
defendant physicians negligently failed to timely
diagnose and treat the bowel leak. The two
treating gynecological oncologists were dropped
from the case and the hospital where the surgery
was performed settled the plaintiff’s claims. The
only remaining defendant at trial was the
oncology group which employed the two
gynecological oncologists. The plaintiff claimed
that the defendant oncology group was vicariously
liable for the negligence of its two employee
doctors. The defendant maintained that the
hysterectomy was necessary, that the plaintiff fully
consented to the surgery before it was performed,
and that she suffered a known complication which
was diagnosed and repaired as soon as possible.
The jury found the first (operating) doctor 85% negli-
gent and the second on call physician 15% negli-
gent. The plaintiff was awarded $4,581,075 in
damages. The case is currently on appeal.
REFERENCE
Plaintiff (withheld) vs. 21st Century Oncology, LLC.
Case no. 09-65817-CA-01; Judge John Schlesinger,
01-20-16.
Attorneys for plaintiff: Donna Michelson and Karen
Bzdyk of Donna B. Michelson, P.A in Coconut Grove,
FL. Attorneys for defendant: Oscar J. Cabanas and
Lynn L. Audie of Wicker Smith in Coral Gables, FL.
$2,950,000 RECOVERY - MEDICAL MALPRACTICE - FAILURE OF HOSPITAL NURSES TO
IMMEDIATELY NOTIFY TREATING PHYSICIANS OF CHANGE IN MENTAL STATUS -
INADEQUATE MONITORING - FAILURE TO ORDER NEUROLOGICAL CONSULT OR TO
MANAGE POST-OPERATIVE SODIUM LEVELS - WRONGFUL DEATH.
Miami-Dade County, FL
The plaintiff’s female decedent, age 38, was
admitted to the defendant hospital for surgery to
remove a large, subfrontal meningioma, the most
common type of brain tumor. Her personal
representative alleged negligent post-operative
treatment on the part of the defendants in the
case, including the hospital, surgeon, intensivist
and endocrinologist, resulting in the decedent’s
wrongful death. Specifically, the plaintiff
maintained that the decedent was doing well for
the first five days post-surgery, but on the fifth
day, she was difficult to arouse and had
apparently suffered a stroke and her oxygen
saturation had dropped precipitously. Despite
attempts at stabilization, the decedent expired
later that day. The defense maintained that the
decedent’s treatment met the standard of care in
all respects and that she suffered a complication
to the delicate brain surgery, which occurred in
the absence of negligence. The defense further
argued that the decedent had a very delicate and
complicated brain surgery, which entailed many
possible complications, including the one that she
experienced. In addition, the defense argued that
the actual event that the plaintiff experienced was
unavoidable.
The case settled prior to trial for $2,950,000.
REFERENCE
Alvarez vs. Defendant Hospital, et al. Case no. (with-
held); Judge Pedro Echarte, 02-11-14.
Attorney for plaintiff: David Sampedro of Panter,
Panter & Sampedro, P.A. in Miami, FL.
$2,000,000 CONFIDENTIAL RECOVERY - MEDICAL MALPRACTICE - CARDIOLOGY
NEGLIGENCE - NEGLIGENT INJECTION OF AIR INTO CATHETER DURING
ANGIOPLASTY PROCEDURE - WRONGFUL DEATH OF 72-YEAR-OLD PATIENT.
Withheld County, MA
In this medical malpractice action, the plaintiff
alleged that the defendants, a cardiology fellow
and the supervising cardiologist, negligently
performed an angioplasty procedure, resulting in
air being injected into the 72-year-old decedent
patient’s arteries and causing his untimely death.
Specifically, the plaintiff contended that the
defendant cardiology fellow negligently injected
contrast material without first clearing the
catheter of air. The defendants disputed the
plaintiff’s allegations and denied that the death
was the result of an air embolism.
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