negligence

Ruling reverses decades-old medical malpractice limitation

Published on: November 26, 2014 | by Patrick E. Knie

No one who goes on a cruise really expects that they will get sick or injured on the journey. Still, it is nice to know that cruise ships have doctors and nurses on board who can treat illnesses or injuries that do occur. Until recently, those doctors and nurses effectively operated independently because of a ruling almost 30 years ago that gave immunity to the cruise lines in the event of medical malpractice aboard a ship.

In a ruling that came from the United States 11th Circuit Court of Appeals, that immunity has been reversed. In that ruling, the court said that the 1988 decision was outdated, partly because of the considerable updates and advances in technology. The judge who made the recent ruling noted that the medical facilities on cruise ships are for-profit operations. These facilities on the ship are usually the only option that passengers have when they need medical care.

Trial for death of South Carolina mayor set for August

Published on: August 1, 2014 | by Patrick E. Knie

A lawsuit against the Town of Cottageville involving the shooting death of a former mayor is scheduled to be begin in federal court on August 11. According to reports, the children of the former mayor of Cottageville initially filed the suit in 2012 against the town, the police department and a former police officer in response to the mayor’s shooting death by the officer, then with the Cottageville Police Department, in May 2011.

The suit alleges that the officer shot the former mayor in the chest during a confrontation and subsequent struggle, and it claims negligence on the part of the town and department in hiring the officer in 2008. The officer, who reportedly no longer works for the CPD, is accused of targeting the former mayor, behavior that ultimately led to the shooting.

Hospital sued for negligence in treatment of former activist

Published on: July 7, 2014 | by Patrick E. Knie

South Carolina residents may be interested in hearing about recent events that have followed the 2012 death of Russell Means, a prominent American Indian activist. The widow of the activist, who died of cancer at the age of 72, is suing a New Mexico hospital for medical malpractice and wrongful death, saying that the hospital failed to diagnose her husband’s esophageal cancer until it had already spread throughout his body.

According to the widow’s complaint, the hospital suggested that the symptoms that Means was experiencing, including difficulty swallowing and spitting up blood, were possibly caused by an enlarged tonsil when the man went into the hospital in 2011. However, Means had undergone a tonsillectomy as a child. The former leader of the American Indian Movement and member of the Oglala Lakota tribe had been an activist since the 1960s when he began protesting the use of American Indian images as sports mascots. In 1973, the activist protested the federal government’s mistreatment of American Indians by occupying a village at Wounded Knee in South Dakota for 72 days at the site of an 1890 massacre of Lakotas by U.S. troops.

Woman sues radiology company over multiple cancer misdiagnoses

Published on: June 2, 2014 | by Patrick E. Knie

These days, to maintain your health, you have to be proactive. If you can manage it, exercising is a good idea, and getting regular medical checkups could be crucial to preventing or properly treating an illness. However, even when patients do try to cover their bases and seek preventative care, sometimes medical professionals fail in their duties and misdiagnose an illness.

That was the case for one woman who in 2007 underwent her first mammogram. She thought she was being proactive about her health, but she undoubtedly came away from the experience worried. A calcification about the size of a nickel was revealed in her right breast.

Outpatient misdiagnoses more common than you might think

Published on: April 18, 2014 | by Patrick E. Knie

A group of researchers has finished a study that comes to an unsettling conclusion about outpatient medical care: misdiagnosis is widely underreported and surprisingly common.

Much is said about diagnostic errors in hospitals, that is, in facilities that provide inpatient care. However, there is a great dearth of information about misdiagnoses by small-practice doctors and clinics. Looking at three previous studies, researchers at Baylor College of Medicine found that one in 20 — or 12 million U.S. adults — are misdiagnosed at medical clinics and doctors’ offices each year.

Studies: Doctor errors, not system flaws, cause most deaths

Published on: March 17, 2014 | by Patrick E. Knie

Since 1999, hospitals throughout the United States have made well-intentioned efforts to adopt systems meant to prevent hospital errors. However, studies have shown that the widespread use of systematized medicine, by which hospitals use checklists to follow established protocol, has not significantly reduced the number of preventable hospital deaths. In fact, it is estimated that at least 100,000 patients die each year as a result of medical errors.

So what can doctors, nurses and hospitals do to better protect the safety of patients?

Gaffney woman killed in hit and run near assisted living facility

Published on: March 10, 2014 | by Patrick E. Knie

Residents of assisted living facilities are generally allowed to come and go as they please. They may be asked to sign in and out so that staff members are aware of the residents’ whereabouts, but assisted living facilities typically offer residents more mobility than would a nursing home. However, depending on the circumstances of a particular case, negligence on the part of facility staff could still factor into why a resident suffered injuries.

In the wake of a fatal hit-and-run accident, the family members of a Gaffney woman are looking for answers as to why their loved one was taken from them. The 46-year-old woman was reportedly hit by a pickup truck as she walked on the road near the assisted living facility where she resided.

Surgical glove found in patient two years later, lawsuit pending

Published on: December 31, 2013 | by Patrick E. Knie

It’s just about every person’s fear that something will go wrong when they go in for surgery. That’s because, despite the insistence of hospital staff that patients are well taken care of, residents here in South Carolina know that medical mistakes can happen anywhere and often have life-changing consequences as well.

Our readers here in Spartanburg can see this exemplified by a case of medical malpractice in which a woman was diagnosed with ovarian cancer only to realize that this was a misdiagnosis when a non-latex glove was discovered in her abdomen from a surgery two years previously. Much like anyone here would do in her situation, the woman is now suing the hospital for its negligence and is seeking compensation for the problems this mistake has caused her.

$6.5 million settlement reached in birth injury case

Published on: December 17, 2013 | by Patrick E. Knie

Most women have no concerns about going to the hospital to give birth to their child. That’s because they know that the hospital and its staff are well trained and know what they’re doing. We often trust this so much that we can feel incredibly betrayed when this ends up not being the fact. This can often leave us with a lasting anger and wondering if justice will be served.

Our readers here in South Carolina can see this exemplified in a recent case out of Texas where a first-time mother learned that the brain damage suffered by her newborn had not been hereditary but rather a result of negligence on behalf of hospital staff. In the end, a serious mistake on the part of the attending hospital staff resulted in a diagnosis of cerebral palsy that has left the now 5-year-old boy unable to care for himself and has left his mother feeling a bit of anger towards the institution that changed her family’s life forever.