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Milwaukee, Wisconsin

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Paul Jacquart

Medicare Data on Doctors to be Shared

A recent U.S. District Court ruling may help shed some light on doctors’ experience levels in their respective disciplines. The L.A. Times has reported that the ruling, which resulted from a consumer group’s lawsuit to open up the Medicare database, may result in the release of files and billing information for 700,000 doctors. This information could be used to track doctors’ performance and…

David Lowe

California Jury Awards $2.5 Million For Surgical Malpractice

A story in the Merced Sun-Star reports that a California jury has awarded $2.5 million to a patient who lost control of his bowels due to medical malpractice during routine surgery to remove a cyst from his buttocks. The patient alleged that his surgeon negligently cut a nearby muscle while attempting to remove the cyst. But this medical malpractice victim will likely face another painful cut…

David Lowe

Damage Award Against Nursing Home Operator Stirs Debate

A $4.1 million judgment awarded against a Tennessee nursing home is generating debate in that state over the rights of abused residents to compensation versus the costs to insurance companies and nursing home operators.The jury heard evidence that the resident developed bedsores, and had an undiagnosed hip fracture and other problems, all of which were ignored by the nursing home because of…

David Lowe

Intimidation of Expert Witnesses for Malpractice Victims Blocks Access To The Courts

It is always a challenge for the malpractice victim to find a qualified doctor willing to stand up in court and point the finger at another member of the profession who has committed malpractice. Most potential experts are specialists who depend on referrals from general practice doctors and others in the same community. Testifying against a colleague in the community can be the death knell…

David Lowe

Pregnant Woman Warned Against Use Of Paxil

Pregnant woman are being urged to avoid taking the antidepressant Paxil because of the risk of birth defects. A committee of the American College of Obstetricians and Gynecologists has issued the warning based on two separate studies showing that children born to women taking Paxil during their first trimester have experienced nearly twice the incidence of heart defects.In December 2005, the…

David Lowe

Suit Challenges Illinois Caps on Damage Awards

My colleague Jeffrey M.Goldberg, a nationally-renowned trial attorney who is an expert in birth injury cases, has filed a medical malpractice suit in Illinois on behalf of a child born with cerebral palsy and severe brain damage as the result of a mismanaged labor and delivery. The suit seeks fair compensation for the child and his family, but argues that fair compensation can only be provided…

David Lowe

Consumer Rights Remain At Risk Despite Mid-Term Election Results

Stephanie Menciimer, author of the blog The Tortellini, cautions in a guest editorial posted in TomPaine.com that victims’ rights remain at risk despite the Democratic Party’s victory in the mid-term elections. The business lobby, led by the U.S. Chamber of Commerce, is not going away. As Mencimer observes, So long as Americans continue to exercise their right to sue when they’ve been injured,…

David Lowe

Jury Finds for Infant Who Lost Sight Following Birth

A Pennsylvania jury has awarded a 6-year old boy $20 million in a medical malpractice case after he went blind almost immediately following his birth. Those held responsible by the verdict included the hospital, the head of the neonatology unit, the hospital’s pediatric opthamologist, and the boy’s pediatrician. The boy was born premature and developed retinapathy of prematurity, an eye disease …

David Lowe

Jury Awards $15.8 Million For Cerebral Palsy Victim

A Michigan court jury has awarded $15.8 million in damages for a child born with cerebral palsy allegedly the result of medical malpractice. The family’s attorneys alleged that the doctors managing the birth were negligent in failing to perform a cesarean section delivery when the fetus experienced difiiculty during prolonged labor.Unfortunately, this type of tragic error occurs all too often….

David Lowe

Another Hospital Medication Error Leads to Patient Death

The tragic deaths of two preemie infants are being blamed on human error by hospital employees at an Indiana hospital. We have discussed the problem of medication errors before, and it appears that the same problem occurred here. The two infants were given adult doses of Heparin, rather than the less powerful infant doses. Heparin is a blood thinning medication administered to adults for a…