Latest news with #medicalmalpractice
CBC
20 hours ago
- Business
- CBC
Dying woman sues doctors for failing to diagnose cancer after early CT scan
A Winnipeg woman who was given a life expectancy of six months after cancer spread from her lungs to her brain, liver and other organs says the disease's progression could have been prevented if two doctors had detected it earlier. The woman accuses a respirologist and diagnostic radiologist of negligence after they failed to rule out the possibility she had cancer and send her for medical followup. In a statement of claim filed at the Manitoba Court of King's Bench on May 27, the woman claims the defendants didn't properly interpret the results of a computed tomography (CT) scan ordered to screen for the disease, nor did they perform a differentiating diagnosis, including suspecting cancer as the cause of her symptoms. The woman's cancer — which has metastasized to her brain, liver, spleen, sternum and enlarged lymph node — resulted from a small mark on her lung, the lawsuit claims. That mark was there when the CT scan was performed in July 2024, but she wasn't told at the time she had cancer. Instead, the woman was diagnosed with chronic obstructive pulmonary disease and was told the mark resembled emphysema, a lung condition that causes shortness of breath. The lawsuit claims that if the woman had been informed she had cancer at the time, the disease could have been prevented from spreading further or managed with treatment, making it possible for her to survive. None of the allegations have been tested in court. No statement of defence has been filed. Treated with inhalers The woman's first CT scan was ordered after she had a consultation with the respirologist in November 2023. At that time, the paperwork for the scan indicated that it was for lung cancer screening, the lawsuit says. The medical imaging was done in July 2024 at the Selkirk Regional Health Centre. The scan was sent to the diagnostic radiologist for review, and in August 2024, the woman went for a followup appointment to discuss the findings. The radiologist's findings said the scan showed the woman had small pulmonary nodules and pulmonary emphysematous changes, and as a precaution, a followup examination could be done in a year, the lawsuit says. The respirologist recommended new inhalers and that the woman quit smoking. The woman's coughing worsened, and at a followup appointment in October, the doctor told her that was consistent with the progression of her chronic obstructive pulmonary disease and the start of emphysema. The doctor gave the woman a new inhaler, but her symptoms continued, and she had to stop working in November last year, the lawsuit says. The woman was admitted to Winnipeg's Health Sciences Centre on Jan. 3 after having headaches, dizziness, vision difficulties and falling over. She was kept overnight, and the ER doctor ordered a CT scan and an MRI, after which he told her she had cancer. A biopsy determined the primary source of the disease was lung cancer. An oncologist from CancerCare Manitoba told her there was no treatment available given the presence of the disease in multiple parts of her body. She was told her life expectancy was six months from the diagnosis in January, the lawsuit says. The woman claims the doctors failed to detect cancer because they didn't properly review and/or interpret her first CT scan. The lawsuit also alleges the doctors breached the duties owed to her after they didn't perform a differential diagnosis, including suspecting cancer as the cause of her symptoms, "as expected of a competent physician and/or specialist." With the cancer spreading, the woman had to undergo surgery, chemotherapy and radiation therapy, which, along with the disease, have damaged her internal organs, the lawsuit says. The negligence of the doctors has put the woman to be at risk of premature death and loss of life expectation, the lawsuit says. She has also suffered special damages through out-of-pocket expenses for care. The woman is seeking general damages for pain and suffering, as well as special damages, including for future care costs, loss of future income and medical expenses.
Medscape
a day ago
- Business
- Medscape
How a Lawsuit Can Break a Doctor — and What to Do About It
In 2018, Samuel Kaufman, MD, specialist in gynecology and obstetrics, published a book titled Delivering Justice , in which he recounted his 15-year ordeal through a legal battle that he ultimately won — but at great emotional cost. The introduction notes that the physician became emotionally involved in the case and was pulled out of his comfort zone, and that the anxiety experienced during legal proceedings as a defendant was exhausting. In many parts of the world, lawsuits for medical malpractice have become increasingly common. In Mexico, for example, standards of accountability in healthcare have broadened, and there are now multiple legal avenues through which patients can file complaints when they feel inadequately treated. This has led to malpractice suits becoming more routine. A review conducted in India in 2024 explored the intersection of terms such as negligence, malpractice, litigation, and consequences. The review identified 17 relevant articles and concluded that legal cases involving healthcare professionals have a significant negative emotional impact. Not only can these situations lead to stress and guilt, but in extreme cases, they have even been associated with suicide. The authors argue that more research is needed to better understand how these proceedings affect health professionals. In 2000, Albert Wu, MD, MPH, professor of health policy and management at the Johns Hopkins Bloomberg School of Public Health, coined the term 'second victim syndrome' to describe a condition experienced by healthcare workers who have committed a medical error and suffer psychological trauma as a result. The symptoms often include emotional distress, cognitive disruptions, and burnout, which can increase the likelihood of future errors. Although second victim syndrome and stress resulting from a medical negligence case are not the same, it's clear that both errors and legal issues in day-to-day practice can harm clinicians' mental health. A 2009 article described the natural course of recovery from second victim syndrome, outlining six phases: Chaos and response to the incident; Intrusive reflections; Restoring personal integrity; Enduring the inquisition; Receiving emotional first aid; and Moving forward. Today, it is increasingly likely that healthcare professionals will, at some point, face legal proceedings related to medical negligence. This makes it all the more important to understand the emotional toll of these processes and how to respond to them. Some hospitals have introduced morbidity and mortality conferences where clinicians' decisions are reviewed and mistakes are openly analyzed. Such discussions are valuable for improving the quality of care and preventing future errors, but little attention is paid to the emotional and psychological impact on the physicians involved. Sometimes, as in cases of second victim syndrome, negative emotional responses can occur even in the absence of a lawsuit. It is crucial that we continue discussing clinical errors within healthcare institutions while ensuring these conversations do not further heighten emotional distress for the people involved. These meetings should not feel like an inquisition. With regard to medical liability, much research has focused on the specialties most often sued, the economic impact of claims, and the relationship between quality of care and liability judgments. However, there is a notable lack of research on how litigation affects healthcare workers and their performance after they are notified of a legal complaint. It is difficult to offer general recommendations on this issue, because each case is unique. In my opinion, feelings of guilt or anxiety after a serious error or in the face of litigation are normal. Personally, I would be concerned about someone who felt no such emotions at all — or who felt them only minimally. My first recommendation is to seek psychological support. The second is to obtain medical liability insurance, especially because many malpractice cases are handled in civil court and carry financial consequences. If we can reduce the fear of losing our assets through proper insurance, that may help alleviate some of the stress of being involved in legal proceedings. Today, lawyers need primary care physicians just as much as physicians need legal counsel. Mauricio Sarmiento Chavero is a physician, lawyer, and author. He currently runs a medical liability law practice. His latest published book is El estatus jurídico del médico residente en México (The Legal Status of Medical Residents in Mexico).
Daily Mail
2 days ago
- Health
- Daily Mail
EXCLUSIVE Dance Moms' Abby Lee Miller shares shocking photo of object she claims surgeons left in her body for FOUR years in new lawsuit
Dance Moms star Abby Lee Miller has filed a medical malpractice lawsuit after she claimed she discovered that doctors left a catheter inside her following spinal surgery in 2020. The reality TV star, 59, 'suffered for years' with doctors unable to 'diagnose the source of her pain,' her attorney, Nadine Lewis, exclusively told in a statement on Tuesday. Four years after her spinal surgery in September of 2020, the dance instructor claims she discovered that a catheter had been left inside her abdomen, according to the lawsuit. In her lawsuit, Miller — who was recently snubbed by an A-list pop star — shared a graphic photo of what she alleges in the complaint is 'the outline of a foreign blue object embedded beneath her skin, surrounded by scar tissue.' She also included a photo of the 'retained catheter' after it was removed following 'an emergency procedure.' Miller is suing Cedars-Sinai Marina Hospital, Dr. Hooman Melamed, M.D., and. Dr. Paul Dwan, M.D. for medical malpractice, professional negligence and medical battery. She is seeking damages in the amount of $430,000. A spokesperson for Cedars-Sinai told in a statement: 'Cedars-Sinai cannot comment on pending legal matters. Also, due to federal and state privacy laws, Cedars-Sinai cannot discuss any patient's medical treatment.' 'However, the care and safety of our patients, staff and visitors are always Cedars-Sinai's top priorities. We are dedicated to ensuring that we meet the highest standards of care for all those we serve.' As per the lawsuit, Miller suffered a severe spinal cord injury in 2018 due to Burkitt Lymphoma, an aggressive and fast-growing cancer, which rendered her paraplegic with a neurogenic bladder. In 2020 she underwent spinal surgery at Cedars-Sinai Marina Hospital to treat a condition known as Spondylolisthesis. Spondylolisthesis is a spinal condition where one of the vertebrae slips out of its proper position. She claims in the lawsuit that the surgery was performed by both Dr. Melamed and Dr. Dwan. She then underwent a second surgery, performed by the same surgical team, in November 2020, as part of her ongoing treatment, according to the complaint. The lawsuit states that in the months and years that followed, 'Miller repeatedly reported ongoing abdominal pain and discomfort to multiple physicians, including defendants.' Miller claims various physicians 'systemically dismissed her chronic pain and let her suffer for years.' Miller claims in the complaint that 'Dr. Melamed, in particular, attributed her symptoms to post-surgical scar tissue and offered no further investigation, no imaging was ordered, including a failure to examine the site of the pain.' Miller 'repeatedly reported ongoing abdominal pain and discomfort to multiple physicians,' according to her complaint. 'Despite her consistent and persistent complaints, her concerns were dismissed.' 'As a paraplegic woman with a life sentence in a wheelchair, Abby lives with daily pain in the aftermath of her Burkitt Lymphoma diagnosis.' Despite her complaints to 'various physicians', not one of them ordered imaging to locate and diagnose the source of her pain, according to the lawsuit. The lawsuit goes on to allege that by 2024, Miller's 'abdominal discomfort had escalated into persistent and debilitating pain, impacting her quality of life on a daily basis.' In June 2024, while seeking care for an unrelated issue at St. John's Hospital, a doctor applied pressure to Miller's abdomen causing her to 'scream very loudly in pain' according to her complaint. 'The affected area of the skin immediately became red, inflamed, and visibly irritated,' as per the lawsuit. Four years after her spinal surgery, Abby discovered that her 'surgeons had left a bright blue catheter inside her abdomen,' according to her complaint. After a dermatologist examined the inflamed area and took a photograph, it 'revealed the outline of a foreign blue object embedded beneath her skin, surrounded by scar tissue' states her complaint. Her attorney said in a statement that the 'systemic minimization of women's suffering has had fatal consequences in our society.' 'Abby's case is a chilling reminder: even when women are vocal and visibly in distress, their pain is still not believed.' 'As a paraplegic woman, Abby is advocating for herself and others in a medical system that has repeatedly failed them,' Lewis added. Miller remains in a wheelchair after being diagnosed with Burkitt Lymphoma in 2018. Last year she bravely opened up about the terrifying moment she nearly died after contracting sepsis from a UTI. The star was left screaming in excruciating pain when her catheter dislodged just days after she wrapped her Abby Lee Spills the Tea tour in the UK in July 2024. It was one of many health battles that Miller, who was sentenced to one year and one day in prison after being convicted of fraud in May 2017, has faced in recent years. One week after being released in May 2018, she was diagnosed with Burkitt lymphoma and subsequently underwent life-saving surgery to remove a tumor from her spine. Although she is now cancer-free, she was temporarily paralyzed from the neck down and has been confined to a motorized wheelchair for the past six years. When asked by why she feels she has bounced back from multiple ailments, she choked back tears and said: 'I think that I have a lot to do, and I hope when it is my time to go, it will matter that I was.' 'I have a lot more choreography. I have a lot more kids to teach. I have a lot more social awareness about being in a chair.' Abby rose to fame on Lifetime's long-running reality show Dance Moms, which followed an elite youth dance troupe at the Abby Lee Dance Company in Pittsburgh, Pennsylvania, which made stars out of Jojo Siwa and Maddie Ziegler.
BBC News
4 days ago
- General
- BBC News
Coroner's plea to find families of shamed surgeon Ian Paterson's patients
The families of five of jailed surgeon Ian Paterson's patients, whose cases are being examined at judge-led inquests, have not yet been coroner's legal team have been unable to trace next of kin for Jean Bonehill, Gladys Currall, Elaine Morris, Ann Styles, and Winifred Worrall, the BBC has been inquest into the death of Elaine Morris, who died aged 45, resumed in Birmingham on Monday. The coroner, Judge Richard Foster, asked for help to trace her Paterson was sentenced to 20 years in 2017, after being convicted of wounding patients with botched and unnecessary operations. He is known to have treated thousands of patients at hospitals in the West Midlands. Judge Foster said Ms Morris was born in Birmingham in 1956. She suffered from severe epilepsy, had to use a wheelchair and was cared for by her mother at home in Shirley, Solihull. She was diagnosed with breast cancer in her right side at the age of 42, and died in Solihull in 2002, aged no next of kin have been traced, the coroner's legal team do not have a picture of Ms Morris and the judge asked if this could be publicised. Solicitors to the inquests told the BBC work to trace next of kin was an "ongoing process"."The other cases will be identified as we hear these cases should we not have been able to identify the next of kin by the time of the hearing," solicitor firm Higgs said."The coroner's team are making their standard investigations along with assistance from the police where appropriate."Debbie Douglas, who underwent needless surgery at Paterson's hands, said it was said the families could not be traced."There's no-one there to represent them to show the kind of person they were."The names are read out, and the judge does that with sensitivity, but that doesn't paint a picture of that person." The inquests look into the cases of 63 of Ian Paterson's former are to determine whether the women died an unnatural death as a result of Paterson's will include determining whether any of them had so-called cleavage-sparing mastectomies from Paterson, where some breast tissue was 1997 and 2011, Paterson worked at Spire Parkway hospital and Spire Little Aston former surgeon, originally from Bangor, County Down, also worked at NHS hospitals run by the former Heart of England NHS Foundation Trust. Follow BBC Birmingham on BBC Sounds, Facebook, X and Instagram.
Associated Press
4 days ago
- Business
- Associated Press
New Resource from NYC Medical Malpractice Attorney Jonathan C. Reiter Now Available
06/01/2025, New York City, NY // PRODIGY: Feature Story // In a healthcare system where medical errors rank as the third leading cause of death in America, acclaimed NYC trial attorney Jonathan C. Reiter is jolting listeners from passive acceptance to active vigilance with his groundbreaking new podcast series, " Understanding Medical Malpractice and Its Impact. ' The podcast transforms listeners' mental state from relaxed inattention to focused engagement, delivering critical insights for patients navigating the aftermath of medical negligence – from recognizing when standards of care have been breached to understanding the complex legal landscape of pursuing justice. 'Most patients don't realize they're victims of malpractice until it's almost too late to take action,' says Reiter, whose decades of experience have secured millions in compensation for victims of medical negligence. 'This podcast bridges the knowledge gap that exists between medical professionals and the patients they serve.' The debut episode explores the shocking prevalence of preventable medical errors, including surgical mistakes, misdiagnosis, birth injuries, and medication errors. Reiter provides listeners with a comprehensive framework for identifying potential malpractice and outlines the critical steps patients should take immediately following suspected negligence. 'Understanding the statute of limitations is crucial,' Reiter emphasizes. 'In New York, patients typically have just 2.5 years from the date of malpractice to file a lawsuit, but many victims spend much of that time simply trying to understand what happened to them.' Future episodes will feature interviews with medical experts, patient advocates, and survivors of medical negligence, creating a multifaceted resource for patients and their families. The podcast also examines the broader impact of medical malpractice on the healthcare system and explores potential reforms. With his characteristic clarity and compassion, Reiter transforms complex legal concepts into accessible guidance for listeners. The podcast serves as a natural extension of his commitment to patient advocacy and healthcare accountability. 'Understanding Medical Malpractice and Its Impact' is available now on the website here. About Jonathan C. Reiter Jonathan C. Reiter is a prominent New York City medical malpractice and personal injury attorney. With over 30 years of experience, he has established himself as one of NYC's premier legal advocates for victims of medical negligence. His firm, the Jonathan C. Reiter Law Firm, PLLC, has secured substantial verdicts and settlements for clients affected by medical errors, helping them rebuild their lives after devastating injuries. Media Contact: Jonathan C. Reiter Law Firm, PLLC T: 212-736-0979 Source published by Submit Press Release >> New Resource from NYC Medical Malpractice Attorney Jonathan C. Reiter Now Available
