Philadelphia Medical Malpractice Lawyer Blog

A New Jersey jury awarded a woman $6 Million and her husband $500,000 for injuries she suffered when her OB-GYN (obstetrician) cut her bowel during a routine caesarean section ("c-section") in 2001. The doctor testifed that a piece of Jane Bodell's small intestine was stuck to her uterus and that while trying to separate the bowel from the uterus, he unknowingly cut the bowel. He then failed to discover that he had cut the bowel until a subsequent exploratory surgery intended to determine why Mrs. Bodell was suffering from severe abdominal pain and fever after her c-section.

As a result of the bowel being cut, the contents of the bowel leaked into the stomach, which caused infections, organ scarring and blockages of the intestines. Mrs. Bodell now requires surgery on a regular basis to keep her condition manageable. The jury awarded Mrs. Bodell $6 Million for her pain and suffering and her husband $500,00 for his "loss of consortium" claim (his loss of Mrs. Bodell's companionship and marital services related to her injuries).

Surgical mishaps are a common source of medical malpractice cases. Although cutting the bowel or another organ during surgery is frequently a recognized complication of surgery, when detecting such a complication is delayed, it may be medical negligence.

Posted by Leon Aussprung | Permalink | Email This Post

Posted In: Surgical Errors

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I recently filed a Medical Malpractice Complaint against Beebe Hospital on behalf of a woman who was declared dead, left on a guerney waiting to be taken to the morgue and then noted by a nurse (almost an hour later) to be breathing. In this case, Judith Johnson initially went to the hospital for severe indigestion and pains in her chest. In fact, she was suffering from a heart attack. During her evaluation in the emergency room, Mrs. Johnson became unresponsive and after attempts to resuscitate her, she was declared dead. Mrs. Johnson's body was then pushed against a wall until someone could take her to the morgue. However, almost an hour later, someone noticed that Mrs. Johnson, who still had a a breathing tube down her throat, was alive.

Although Mrs. Johnson survived the incident, she suffered brain damage that has resulted in memory loss, speech problems, seizures and personality changes. In addition to malpractice claims, Mrs. Johnson has also filed a claim for the Hospital's violation of the Emergency Medical and Active Labor Act ("EMTALA"), alleging that she was not provided the same medical screening examination as other patients with similar medical conditions and/or was not appropriately stabilized.

You can read more about this case at: http://www.delawareonline.com/article/20081007/NEWS01/810070365 or http://www.foxnews.com/printer_friendly_story/0,3566,433830,00.html

Although I am not a Delaware lawyer, this case was filed in Federal Court in Delaware where I am handling it with the assistance of a Delaware attorney. I am licensed to handle cases in Pennsylvania and New Jersey, but I occasionally will become involved in particularly interesting cases in other states if I am able to obtain permission to handle the case from the court in which the case is to be filed.

Posted by Leon Aussprung | Permalink | Email This Post

Posted In: Hospital Care

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