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Archive for the ‘Medical Malpractice’ Category

Texas City Nursing Home Sued for Neglect

At a nursing facility in Galveston, men and women allegedly experienced neglect and injury when they were placed in substandard care. Reports say that the nursing home did not monitor patients carefully, and that many seniors took damaging tumbles because they were not aided or watched carefully. One Texas City resident recently filed a lawsuit against the nursing facility because he didn’t want to tolerate the neglect any longer. Court documents show that Eddie Matthews fell twice in 2011 while under the care of the Gulf Healthcare Center. The defendant admitted Eddie Matthews to the nursing home in 2008.

Within the next three years, the resident fell and fractured his right hip. He required surgery, and had a long and painful recover. The incident was then followed by another fall only a month later when the resident hurt his right hip once again. In addition to the two painful and tragic falls, the plaintiff claims that Eddie Matthews obtained bedsores from being poorly attended to while he was on bed rest after his accident. The plaintiff claims that the Gulf Healthcare Center continually failed to provide sufficient numbers of nursing personnel who could provide the needed care his relative needed.

He says that if the home was staffed properly, they would not have these serious problems. The plaintiff also claims that the GHC markets itself as an experienced and caring home for seniors, but then contradicts the claims by making poor decisions and harming residents. The plaintiff says that his relative has suffered physical pain, psychological distress, emotional distress, mental anguish, and medical expenses as a result of the nursing home treatment and deserves just compensation. If your loved one has been abused in a nursing home then you also have the right to sue. Contact a personal injury attorney today for more information!

Transvaginal Mesh Lawsuits: What You Need to Know

Transvaginal mesh is a medical procedure which was originally thought to be a solution for millions of women who have Pelvic Organ Prolapse or Stress Urinary Incontinence. While the procedure was originally thought to be a helpful cure, it has caused thousands of women to suffer painful and devastating results. For many victims of transvaginal mesh, the results of the procedure were more painful and damaging than their original conditions.

Originally, the FDA approved a variety of transvaginal mesh procedures, hoping that they would bring about cures for millions of women worldwide. The FDA approved mesh products for pelvic floor repair, pelvic organ prolapse, and stress urinary incontinence. The FDA claims that the products had already been used in other parts of the body and proven safe and uncomplicated.

While the products may not have had any complications when used in conjunction with curing hernias or other medical procedures, they were never tested for their safety when used in transvaginal mesh surgeries. This small mistake has since turned into a massive problem, as trusting women went in for surgery and came out with disastrous results. The problems started in 1999, when Boston Scientific recalled about 20,000 ProtoGen mesh units because they were giving patients complications after surgery.

The FDA noted the recall, but failed to clear other similar products. The women who were complaining of pain said that intercourse had become particularly painful after their surgery and they were experiencing symptoms of vaginal erosion. More manufacturers began reporting that the mesh devices were bringing about complications after a Pelvic Organ Prolapse, and more women began calling in with concerns. The FDA eventually issued a health alert about mesh products in 2008, but it was merely a warning that claimed that complications were rare.

After this health report, about 2,800 women complained about pain after their surgery. In July 2011, the FDA issued another warning that specified that complications are not linked to a particular brand of mesh. The FDA eventually issued new standards in September of 2001, which require all companies that create mesh products to undergo rigorous testing before the product can be approved. The medical mistake has caused thousands to litigate against their doctors and the manufacturing companies that created the transvaginal mesh products.

Many of the lawsuits involve different mesh products from companies like Johnson & Johnson, AMS, Boston Scientific, or C.R. Bard. If you have had a transvaginal mesh implant and are now experiencing complications like millions of other women, then you will want to contact a Texas personal injury lawyer today for more information. We can brief you on your rights and investigate your case to see if you deserve damages for your suffering. Contact a lawyer at Zinda Law Group today to get started!

Patients Suing for Metal Hip Replacement Injuries

Depuy Pinnacle recently recalled their hip replacement products after patients who received surgeries involving the replacement were gravely injured by their new hips. There are significant design defects with the hip replacement that can cause the implant too loosen or stop working only a few years after the initial surgery. This means that patients who receive the surgery then have to spend an exorbitant amount of time and take weeks off of work for recovery to get a corrective surgery. The hip replacement incident has sparked up to 2,500 lawsuits around the United States as those that received the Depuy Pinnacle hip start to feel the adverse effects.

Because so many people are filing lawsuits against DePuy because of the product malfunction, the company is concentrating all lawsuits into an MDL. This means that all plaintiffs will be tossed into a massive pool of lawsuits so that the company can sort through complaints without having to handle a variety of court appointments and rulings. In the past five years, 12 to 13 percent of all patients that received the hip replacement have voiced dissatisfaction. Because the hip replacement was expensive, they often want their money back and want reimbursement for lost wages and pain and suffering as a result of the hip.

According to the Legal Examiner, all the DePuy Pinnacle lawsuits will be considered as a total complaint in September, 2014. Legal experts assume that it will take that long to compile all of the cases and organize the issue into a lawsuit. The hip replacement was recalled in August of 2010, but this left a large population of men and women who had already received surgery and could only wait until their hips failed. If you received a faulty hip implant, then you need to talk to a personal injury attorney at Zinda Law Group today for representation on your case!

Anesthesia and Elders

If you are over 65, then having anesthesia may put you at danger. According to Aging Care, anesthetics can push elderly men and women over the edge into dementia, especially if they were already planning to move towards that. While there are situations where anesthesia is unavoidable, health experts suggest that elderly people avoid surgeries that are not necessary for their health and well-being because of the adverse effects of the anesthesia. According to one research study from Duke University, at discharge from the hospital, about 41 percent of all patients have a sign of POCD (postoperative cognitive dysfunction.)

After three months of recovery, almost all young and middle-aged patients had recovered from the effects of anesthesia and their brains were working at the expected mental capacity. Yet 12.7 percent of all seniors (those over 60) were not at their full mental capacity even three months after their operation.

The risk of POCD in these seniors increased at this time. Often, those with a low educational level, a history of a previous stroke, or a POCD at the hospital discharge had more of a tendency to have POCD at this point. Those who still had POCD after this long tended to die within the year after the surgery was conducted. This is because if the brain cannot operate successfully, there is no way that the men and women who are recovering from an operation will be able to fully recuperate.

If your loved one suffered from POCD after surgery, then you may be able to start a lawsuit. Your relative should not have to suffer because of an anesthesia mistake, and you certainly shouldn’t have to cover the expenses association with this issue. Talk to a personal injury lawyer at Zinda Law Group today if you are dealing with an anesthesia error and need representation to sue in court.

Abuse of Brain-Injured Patients in Their Care Facilities

When children receive injuries, parents will send them to care facilities in order for them to receive the proper treatments that will lead them to a recovery. Unfortunately for Peter Price, the treatment he received from the Florida Institute for Neurologic Rehabilitation was far from what they family could have expected. Back in 2009, Peter told his sister Jessica that he wanted to get out of the rehab center because they were beating him up. According to reports, the staff members at the treatment center were frequently abusing him, by punching him in the face or in the groin.

He sought to be transferred to another facility, though the process was delayed. As a response to the horrible news, he sought to take his own life, thinking it would be far better off than the treatment he was receiving at the center. By swallowing 5 small fish hooks and 22 AA batteries, he hoped it would be enough to end his life. Doctors caught the incident soon enough and were able to send him into an emergency surgery to remove the items, and due to the surgery he was sent off to another hospital for transfer. Unfortunately Peter Price wasn’t the only victim of this rehab centers heinous crimes. According to police findings, there have been over 2,000 different records that discuss the horror stories of the Florida Institute for Neurologic Rehabilitation.

The severity of patient abuse continues to grow as the police continue their investigations, find that there are many deaths that are linked with abuse as well. Though some employees are facing charges for abuse crimes in the past, not all have been addressed. This is a horrible situation for any young man to have to go through when hoping that he would be in the healing process. If you or someone you know has received any sort of this abuse or negligence in a care facility doesn’t wait to take action, they deserve to be spoken for. Contact the law office of Zinda Law Group today for more information regarding your case!

Doctor Involved in Third Case After Giving Drugs to UFC Star

An Irving-based doctor is in court again after a third offense. According to Dallas News, the doctor with the initials H.M. issued illegal drugs to a UFC fighter after sports authorities barred the fighter from obtaining any performance enhancers. UFC star Alistair Overeem tested positive for high levels of testosterone in a recent fight, and as barred from competing in a Las Vegas match as a result. When questioned, the athlete said that he got the testosterone from the Dallas doctor. H.M. told courts he was not aware that the UFC officials had banned testosterone as a performance enhancer for the fighting ring. Overeem took the same defense.

H.M. did not even tell the fighter that the injections he gave him involved testosterone. He simply said that he was going to give Overeem a performance enhancer. He also gave him vials of the serum for later injections. The serum was assumedly a “tetra max” that H.M. used when patients came to him with muscle injuries. H.M. was also disciplined by the Texas Medical Board 8 years ago when he prescribed controlled substances and dangerous drugs over the internet to addicted patients. One of his patients was so heavily addicted to the medications that he was issuing that he was sent to a rehabilitation center. In that occurrence, H.M. was given a $25,000 fine and lost his ability to prescribe controlled substances temporarily.

In another issue, H.M. decided to start perform cosmetic surgeries. He scheduled and performed a liposuction on a willing woman, but had little training in the procedure. The operation went horribly wrong and H.M.’s patient had severe side effects. She was not a good candidate for the operation because of several health issues, and was sent to the hospital for treatment with severe complications. If you have been injured by a doctor who was not doing his or her job correctly, then you need to talk to a personal injury lawyer right away. If you live in the Dallas area, Zinda Law Group is here for you. Talk to us today to start forming your claim!

Texas Hospital Allegedly Denied Care to Patients

The Harris County Hospital District has been brought before the courts in a recent lawsuit filed by patients. The indigent patients claim that they were denied medical care, and the lack of attention that they were receiving may have made their illnesses progress to a fatal stage. In the complaints, these patients say that they were charged co-payments for doctor visits and prescriptions before the hospital had checked on the individual’s ability to cover those copayments. In addition, the patients were denied care at health centers and pharmacies. They only place that they were accepted for a check-up was at the emergency room.

The team of lawyers who took on the case is representing five patients who were all angered by the actions of the hospital staff. The lawsuit seeks permanent injunction so that the district won’t deny or reduce care to eligible residents just because they can’t refuse or contribute to the cost of care. The plaintiffs also seek to see the hospitals post signs that say that voluntary contributions towards the costs of assistance are accepted. They want the language to be accurate so that people aren’t cheated out of care because they aren’t able to pay. According to the Houston Chronicle, the hospitals updated their criteria for determining that patients were eligible for financial assistance back in December. They say that the participants must be active with the HCHD and identify and apply for other funding resources like Medicare and Medicaid so that they can make a financial contribution when they need service.

However, the Texas law declares that counties can create hospitals that proved medical care to indigent and needy residents. The medical centers can’t deny or reduce medical treatment to an eligible and needy patient who can’t contribute to his or her medical care. Yet the five plaintiffs on this case say that this is exactly what happened to them. They were sent away because of an inability to pay, and may have suffered serious illness because of it. This constitutes as a medical malpractice lawsuit and if any of these plaintiffs fell gravely ill as a result of the neglect than he or she would have a very viable personal injury lawsuit. If you have a case, then contact a personal injury attorney in Texas to talk about your options.

Where Zinda Law Group Practices:

We were founded in Texas and have a team of Austin personal injury lawyers as well as attorneys in Dallas, San Antonio, and Fort Worth.

 As we’ve grown we expanded out west to El Paso, Texas subsequently into Arizona adding Tucson Personal Injury Lawyers to the firm, as well as adding offices in Colorado including Denver Personal Injury Lawyers and the surrounding cities such as Colorado Springs.

Types of Cases We Handle:

We also have a team of attorneys that have experience serious injury cases such as car accidents, wrongful death and truck accidents.  We also have experience handling more complex cases such as gas explosions and drug injury cases, such as the Taxotere® Lawsuits.

Study finds that Understaffing in Nursing Homes Increases Death Risk

According to Trial magazine, nursing home abuse and neglect is an increasing problem throughout the nation. The article discusses how several studies have shown that both higher staff levels and less employee turnover lead to decreased malnutrition, abuse, neglect, death, and poor health.

Unfortunately, many nursing homes are decreasing their staff levels in order to improve their bottom line. However, less staff leads to patients that need care being pushed to the bottom of an increasingly long list. With several patients in nursing homes often needing care around-the-clock, the decreased staff and continual influx of patients has resulted in many neglect and abuse cases across the country.

According to the magazine article, "Government regulators have recognized the danger of understaffing in nursing homes." As a result, the government has imposed several regulations that nursing homes often have to abide by that hope to improve the well-being of many nursing home patients.

If you or a loved one has been abused, neglected, or injured in a nursing home facility and would like to learn more, please call the Nursing Home abuse and neglect attorneys at Zinda Law Group. With a wealth of experience, our Austin personal injury lawyers will agressively and compassionately pursue your case while keeping the lines of communication open with our clients.

Where Zinda Law Group Practices:

We were founded in Texas and have a team of Austin personal injury lawyers as well as attorneys in Dallas, San Antonio, and Fort Worth.

 As we’ve grown we expanded out west to El Paso, Texas subsequently into Arizona adding Tucson Personal Injury Lawyers to the firm, as well as adding offices in Colorado including Denver Personal Injury Lawyers and the surrounding cities such as Colorado Springs.

Types of Cases We Handle:

We also have a team of attorneys that have experience serious injury cases such as car accidents, wrongful death and truck accidents.  We also have experience handling more complex cases such as gas explosions and drug injury cases, such as the Taxotere® Lawsuits.

Birth Injuries and Cerebral Palsy Statistics

In the U.S., about 6 in every 1,000 babies will suffer from some form of birth trauma. Males are more likely to suffer injuries than females, and accidents are more likely to happen at non-profit hospitals. Also, newborns at large hospitals are more likely to incur birth injuries than newborns at smaller hospitals.

Cerebral palsy is one of the most common birth injuries. It causes speech impairment, partial paralysis and limited mobility, developmental problems, and difficulties with coordination. It is generally caused by inadequate oxygen to the brain or by a head trauma.

Situations in which this might occur are when the doctors or nurses fail to notice fetal distress or when they delay a Cesarean section too late. Other medical errors may include failure to diagnose or treat a unitary tract infection or placental infection in the mother or failure to act quickly or efficiently when the umbilical cord is wrapped around the baby's neck.

The average cost of treatment over the course of a lifetime for someone suffering from cerebral palsy is around $1 million.

Has your child suffered a birth injuryContact a Dallas Personal Injury Lawyer at Heselmeyer, Zinda Law Group to learn more about your rights to compensation.