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Medical Malpractice

Monday, December 26, 2016

Mother accuses health care providers of negligence during delivery


 What does medical negligence look like during delivery?

Childbirths are supposed to be some of the most special times people’s lives. When things go wrong, that special day can be the start of a painful journey to recover from birth-related injuries.

This happened just recently to a Texas mother and her child. They are suing their health care providers for negligence during the delivery that led to injuries to the child.

The Complaint alleges that the health care providers failed to perform necessary labor and delivery care to both mother and child, including failing to recognize that the mother was at increased risk for Caesarean delivery.
Read more . . .


Wednesday, December 14, 2016

Mother accuses health care providers of negligence during delivery


What does medical negligence look like during delivery?

Childbirths are supposed to be some of the most special times people’s lives. When things go wrong, that special day can be the start of a painful journey to recover from birth-related injuries.

This happened just recently to a Texas mother and her child. They are suing their health care providers for negligence during the delivery that led to injuries to the child.

The Complaint alleges that the health care providers failed to perform necessary labor and delivery care to both mother and child, including failing to recognize that the mother was at increased risk for Caesarean delivery.


Read more . . .


Monday, September 26, 2016

Dallas Jury Awards $19.7 Million in Medical Malpractice Suit


What are the grounds for a medical malpractice lawsuit?

In the summer of 2013, a Burleson woman was admitted to Arlington Medical Center after she experienced leg numbness. The woman, who actually worked at the hospital as a surgical technician for several years, was subsequently diagnosed with Guillain-Barré syndrome (GBS). This rare medical condition affects the nervous system causing significant muscle weakness that can hamper breathing, often requiring mechanical assistance.

Initially the woman was fitted with a breathing tube through her mouth, but when her breathing did not improve, a doctor placed a tracheostomy tube through an incision in her neck. While she was functioning normally at first, there was a leak in the tube which deprived her of sufficient oxygen.


Read more . . .


Tuesday, June 14, 2016

Medical Malpractice Verdict Reversed


Can you guarantee that my case will not be overturned on appeal?

Filing a personal injury or medical malpractice lawsuit can be overwhelming for a number of reasons. One of these is the fear that even after winning your case the decision will be overturned on appeal and you will end up with nothing. This is a legitimate concern and did happen in one recent medical malpractice case coming out of Texas.

Lancer Windrum went to the hospital in February 2010 due to slurred speech. He was examined by neurosurgeon Dr.


Read more . . .


Wednesday, December 30, 2015

More Dental Malpractice Claims Settled

In a string of cases that began to surface in 2011, several former dentists with Smile Center had been accused of performing unnecessary or excessive treatments on minors. The procedures were performed on more than 250 patients and then billed to Medicaid. Medical malpractice claims were subsequently brought on behalf of the patients. Smile Center and its owner reached confidential settlements with 253 patients two years ago. Now, another four dentists formerly with the outfit have also reached confidential settlements.

This story initially came to light in a series of television news stories four years ago. The reportage revealed the chain of 6 dental offices had performed numerous dental procedures that allegedly left the children in pain. Since then, lawsuits were brought on behalf of more than 250 children.

What is medical malpractice?


Medical malpractice occurs when a patient is harmed by a doctor or other medical professional's incompetence or failure to completely perform his or her medical duties. The rules governing these cases vary state to state. Generally, there are four keys to bringing a medical malpractice claim: a plaintiff must show that a doctor-patient relationship existed, the doctor was negligent, the doctor's negligence caused the injury, and the injury led to specific damages. Moreover, a plaintiff can base their claim on the following types of damage: physical pain, mental anguish, additional medical bills, and lost work and lost earning capacity.

Negligence, Fraud and Conspiracy



In some of the cases brought against the Smile Center, the complaints included allegations of fraud and conspiracy as well as gross negligence. The dentists engaged in a scheme to misdiagnose and over treat children who were covered by Medicaid. One of the dentists involved in this matter was also found to have taken undue advantage of the children and their parents by falsely diagnosing the existence of cavities and the need for a variety of unnecessary procedures. Moreover, he was also reprimanded by the Texas State Board of Medical Examiners

While the malpractice suits, which were covered by malpractice insurance, have been settled, this may not be the end of the legal woes for the Smile Center. In the wake of the lawsuits, the Texas attorney general's office opened an investigation that remains "ongoing" and very active. In 2013, the law enforcement agency created the Orthodontic and Dental Fraud task for in order to investigate potential overbilling by Medicaid providers. The lawsuits, combined with the fact that The Smile Center disclosed that it received $28.5 million in Medicaid payments from 2008 to 2010, prompted the investigation.

Medical malpractice lawsuits are very complicated and it is essential to consult with a qualified attorney if you believe you have been injured by a doctor or other medical professional.

Tuesday, June 2, 2015

Dallas Hospitals Cited for Safety

Who is responsible for patient safety?

In 2014, the Dallas Morning News conducted an analysis of almost six million patient records from the two most recent full years of data for Dallas and Fort Worth-area hospitals. The analysis was limited to short-term, acute-care hospitals that provide the patient information annually to the state and are available through request. The data did not contain personal information and summarized diagnoses, types of treatments and patient outcomes.

The analysis used methodology and software to examine this information in relation to medically deemed preventable complications such as bed sores, hemorrhages and infections, known as Patient Safety Indicators (PSI) and calculated the hospital’s performance. The software helps to analyze the general hospital conditions such as differences in the types of conditions, economic differences in patients contributing to overall lower healthcare, and number of cases the hospital addressed, then adjusts the metric risk taking account of those factors.

Hospitals had stark differences in these metrics from privately to publicly run, along with regional and local differences. Public hospitals considered teaching hospitals performed worse than privately-owned hospitals, though this is not the case for every teaching hospital.

North Texas-based hospitals performed worse on average than others in other parts of the state, but Dallas Regional had one of the highest scores for patient safety. The hospital attributed the score to a focus on patient safety and providing quality care through attention to detail and staff training.

Hospitals with poor safety numbers stand to lose federal funding if something is not done to improve numbers. In these cases, the government requires a hospital to have oversight of federal safety monitors. This was the case for Dallas County Parkland Memorial Hospital. After a long Dallas Morning News investigation revealed major safety issues at the hospital, the U.S. Centers for Medicare and Medicaid intervened providing safety monitors. The hospital has improved enough to no longer need that supervision.

The newspaper shared its findings with the Texas Hospital Association who shared the results with its members. Since the release of the study, hospitals have seen improvements in patient safety metrics but commented that the study does not reflect the most current safety performance.

The experienced personal injury attorneys at Sawicki Law Firm are located in Dallas and serve clients throughout Texas. Call us at (888)468-8844 for a free consultation. We will fight for the compensation you deserve, with no fee until you collect.


Monday, May 18, 2015

Federal Laws and Medical Malpractice

Can Federal Medical Standards Impact Medical Malpractice Cases?

Normally medical malpractice cases are driven by state law, with state statutes interpreted by state courts laying the groundwork for both liability and defenses by medical personnel. However a federal law just signed by President Obama could make it more difficult for plaintiffs to prove their cases by limiting the types of evidence they can use.
The law reauthorizing Medicare and the Children’s Health Insurance Program has a section that gives health care providers new protections against medical malpractice claims, according to the New York Times. The law requires the federal government to measure the quality of medical care, in part by having doctors rate their own performance. But these measurements would not be allowed in medical malpractice cases. 

The federal government and health insurers are requiring more statistics and information concerning the quality of medical care. Supporters of this new law claim that this is only a new source of information that cannot be used and it will not prevent use of information traditionally used in malpractice cases (expert testimony of the “standard of care,” the general guide for what a health care provider should do in a particular situation and patient). 

The language used in the law was suggested by physicians and their insurance companies, who claim the federal guidelines are different than the “standard of care” so should not be used in medical malpractice cases.

Many of those aligned with patients’ rights disagree with the approach. 

• Tom Baker, a University of Pennsylvania professor said the provision “does not make any sense” because the information in question, “indicate(s) what a reasonable doctor does and should do, just like guidelines adopted by a medical specialty society.”

• Consumer group the National Consumer Voice for Quality Long-Term Care, claims the law would make it harder for nursing home residents to establish negligence by showing violations of federal health and safety standards.

• James L. Wilkes II, plaintiffs’ lawyer from Florida, told the Times he has often used inspection reports with violations of federal standards in cases against nursing homes and their medical directors. He said these violations should be used to show defendants failed to meet their “duty of care.”

Medical malpractice cases can be difficult to prove and this new law will not make it any easier, but if you or a loved one has been injured due to the negligence of a health care provider, do not let this stop you from learning about your rights by calling the Sawicki Law Firm today at (888) 468-8844 for a free consultation. There is no fee unless you collect. Based in Dallas, the Sawicki Law Firm helps victims of medical malpractice throughout Texas.


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