Virginia Injury Law Blog

Virginia residents should be aware that a recent study by the U.S. Department of Health and Human Services covering the 15 percent of the U.S. population enrolled in Medicare found that each month one out of seven Medicare hospital patients is injured—and an estimated 15,000 are killed—by harmful medical practice. Moreover, treating the consequences of these medical errors cost Medicare approximately $324 million a month, which amounts to 3.5 percent of all Medicare expenditures for inpatient care. Another recent study looked at the incidence of avoidable medical errors across the entire U.S. population and concluded that they affected 1.5 million people and cost the economy $19.5 billion in 2008. The Centers for Disease Control and Prevention has estimated that almost 100,000 Americans now die from hospital-acquired infections alone, most of which are preventable.

These recent studies are in addition to the landmark study conducted over twelve years ago by the Institute of Medicine showing that medical errors in U.S. hospitals kill up to 98,000 Americans a year. In 2000, another estimate in the Journal of the American Medical Association put the total annual death toll at 250,000. It included fatalities resulting from unnecessary surgery, hospital-acquired infections, and other instances of harmful medical practice.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

According to a news reports, the federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a Virginia child born with neurological damage at Portsmouth Naval Medical Center. The parents of the child alleged that inadequate care at the hospital caused their child to be born with developmental disabilities. Specifically, the lawsuit alleged that when the mother was admitted to Portsmouth Naval Hospital with severe cramping in her lower abdomen at 35 weeks pregnant, she was moved to a triage room and connected to a fetal heart monitor that showed abnormalities indicating the fetus was under stress. Instead of notifying a doctor, the staff left her for more than an hour without any intervention. Approximately 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section that showed the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus that led to neurological injuries that are extensive, severe. Unfortunately, the damage to the infant’s brain is permanent.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those against physicians and nurses employed by the federal government. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

Virginia residents should be aware that a recent study has shown that patients in hospitals where nurses work long hours are much more likely to die of pneumonia and heart attack. In most U.S. hospitals, nurses work 12-hour shifts exclusively, a trend that began during the 1980’s due to nationwide nursing shortages, the authors of the new study explained. The study went on to state that although many nurses like these schedules because of the compressed nature of the work week, the long schedule, as well as shift work in general, leads to sleep deprivation. “Alertness and vigilance required for providing good nursing care depend upon having an adequate duration of quality sleep and rest, and long work hours can impact the quality of nursing care and can increase the potential for error,” an author of the study stated. “Nursing work hours may also be increasing to compensate for decreasing physician work hours in hospitals because the medical profession has taken steps to limit the hours a physician-in-training may work, whereas nursing has not taken similar steps,” the author added. Along with long work hours, the work schedule factor most frequently linked with patient deaths was lack of time off the job.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those involving nursing malpractice. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

Virginia residents should be aware that according to recently released study, as many as 75 percent of hospital tests are not followed up on and this failure can have serious consequences for patients, including delayed or missed diagnoses and even death. Researchers analyzed 12 international studies and found that between 20 percent and 61 percent of inpatient test results, and between 1 percent and 75 percent of tests on emergency care patients, were not followed up on after patients were discharged. Follow-up was least likely for critical test results and results for patients moving between health care settings, such as from inpatient to outpatient care or to general practice. Rates of missed results were equally high for paper-based records systems, fully electronic systems and those that used a combination of paper and electronic records.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those involving injury or death stemming from a failure to follow up on critical tests. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

A jury in Norfolk, Virginia recently awarded a doctor beaten by a patient in a Virginia Beach psychiatric clinic a $5.35 million judgment. The award was against Psychiatric Solutions Inc. and First Hospital Corp. of Virginia Beach, the companies that own and operate the Virginia Beach Psychiatric Center, a 100-bed facility on First Colonial Road where the beating happened.

According to court records, the doctor was injured by the patient after the patient accused him of stealing. During trial, the doctor’s lawyer argued that the facility staff members should have known the patient was dangerous and prevented the injury to his client because of the patient’s previous behavior. The patient had earlier confronted the doctor on two separate occasions threatening personal injury before he actually attacked the doctor, fracturing his skull and eye socket and causing a concussion.

The doctor is still only able to work part time, and is not fully recovered. A spokesman for the defendants said that although the companies continue to dispute liability in the matter and might appeal, they are “sorry for [the doctor’s] injuries from the incident.” The judgment includes $5 million in compensatory damages and $350,000 in punitive damages.

Pierce & Thornton has handled numerous personal injury cases throughout North Carolina and Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of personal injury cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you, a family member, or friend has been injured as a result of someone else’s negligent conduct or behavior. If we can help you, we will. Your consultation is free.

In Virginia, residents (“doctors-in-training”) at teaching hospitals may be immune from civil liability based on the ancient doctrine of sovereign immunity. National medical research, however, increasingly supports the long-held concern that lax supervision of residents at teaching hospitals contributes to patient harm, even death. “Teaching hospitals differ from other health care institutions at the systems level, with potential implications for patient safety,” according to a study published in the Archives of Internal Medicine. “Teaching hospitals require inexperienced providers to work long shifts caring for large numbers of patients with complex illnesses.”

Researchers surveyed nearly 700 residents from about 40 clinical areas at two teaching hospitals and found that about half of the residents reported treating patients who suffered “adverse events,” or complications. When those residents were asked whether they caused the error, roughly one-fourth said yes. Most complications were considered significant, and inadequate supervision was often cited as a contributing factor, researchers said. “The multiple caregivers in these settings are sometimes sub-optimally coordinated or lack adequate supervision. This creates potential challenges for patient safety,” researchers wrote.

Two years later, another study in the Archives analyzed data from nearly 900 malpractice claims and found 240 in which residents “played an important role in harmful errors.” The mistakes arose in more than 20 clinical areas and, for most patients, the errors caused “significant” or “major” physical harm or death. Negligent supervision – either by faculty physicians or upper-level residents – accounted for over half of the cases of resident error, researchers found. The mistakes seen in the malpractice cases were the “tip of the iceberg,” they added, noting that resident errors have gone largely unstudied. Best practices receive little evaluation and accreditation standards for supervision are lacking, the researchers said. “Our data underscore the importance of appropriate supervision,” they added.

If you suspect that you, a friend, or a family member has been mistreated by a resident in a hospital or clinic, call Pierce & Thornton and one of our lawyers can help determine whether you have an actionable medical malpractice case against the resident, the resident’s supervising physician, or the hospital. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of medical malpractice cases throughout North Carolina and Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. If we can help you, we will. Your consultation is free.

A major federal study released in November 2010 found that one in seven Medicare patients are harmed while in a U.S. hospital, and 15,000 die each month as a result of malpractice by hospitals and their employees. The report by the Health and Human Services Inspector General’s Office found that 44 percent of the disclosed errors were preventable and that they unnecessarily cost taxpayers approximately $4.4 billion per year. The groundbreaking report was based on the findings of a team of doctors who reviewed the records of 780 Medicare patients who were in a U.S. hospital during October 2008, and are considered reliable enough to draw conclusions about all Medicare patients who received care in a hospital.

The report called on the Centers for Medicare and Medicaid Services to toughen penalties for hospitals that provide substandard care rather than reward them with increased billings. The report adds weight to federal health reform provisions that withhold payment for avoidable re-admissions, and calls for stronger penalties against hospitals that fail to follow proven best medical practices.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of medical malpractice cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

A jury recently returned a verdict in a class-action lawsuit totaling nearly $619 million against one of the largest nursing home chains in the country. Skilled Healthcare Group, Inc., which owns and operates nursing facilities, assisted living facilities, rehabilitation therapy businesses, and hospice homes, was sued for egregious and repeated violations of health codes in several states and for failing to keep staffing levels adequate. “This is a really strong statement to Skilled Healthcare that they have to follow the law,” said the plaintiffs’ attorney who delivered the closing arguments in the case. “They need to know that they are going to be held responsible.”

Although the jury has returned its verdict, the judge still needs to decide whether the court will issue an order that would require the company to keep staffing as required by law in the future. “I'm so thankful for this,” said the daughter of a former resident, who added that while it may be too late for her father to receive justice, she hopes the lawsuit makes things better for future patients. “We just want our loved ones to be taken care of.”

Pierce & Thornton has handled cases in Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving nursing home negligence. We are also licensed to practice in North Carolina. The attorneys at Pierce & Thornton have tried, mediated and settled cases involving the incorrect administration or dosage of medication, falls, bed sores, decubitus ulcers resulting in respiratory arrests, myocardial infarctions, heart attacks, infections, brain damage, paralysis and wrongful death. We encourage you to contact our firm if you question the care rendered to you, a family member, or friend at a nursing, assisted living, rehabilitation therapy, or hospice facility.

A jury in Chesapeake, Virginia awarded a woman $2.5 million in a medical malpractice trial after agreeing with her contention that her debilitating stroke was due to complications caused by a doctor misdiagnosing her diverticulitis. The patient, now 52, suffered brain damage and remains unable to work as a secretary-bookkeeper as a result of the physician’s medical negligence. The jury’s verdict will be reduced to $1.65 million under a Virginia law capping medical malpractice awards.

Pierce & Thornton has handled numerous cases throughout North Carolina and Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving the misdiagnosis or failure to diagnose a disease or disorder by a physician, including the failure to diagnose and treat various types of cancers. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of medical malpractice cases. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend.

In Virginia Beach, Skin Cancer Detection and Prevention Month is an important time. I have had the unfortunate privilege of representing two families who each lost a husband and father as a result of melanoma that went undiagnosed by their doctors. Melanoma is the deadliest form of skin cancer and the risk of an American developing melanoma is about 1 in 87, according to the Journal of the American Academy of Dermatology.

Continue reading "Skin Cancer Detection & Prevention" »

A medical malpractice lawsuit filed under the Federal Tort Claims Act (FTCA), which allows people to sue the federal government for medical malpractice committed at federally funded clinics, was recently decided in favor of the family of a 6-year-old boy who suffered brain damage at birth. As a result of the brain damage injury, the child was rendered a quadriplegic with cerebral palsy. The lawsuit was brought in federal court against the U.S. Government because the negligent doctor worked for a federally funded clinic. The $29.1 million verdict will be off-set by a $6.5 million settlement previously reached with the hospital.

Other claims allowed under the FTCA include those brought by dependents of active duty military members (active duty military personnel cannot sue the government for medical negligence at this time) who are injured or die as a result of medical malpractice by military medical personnel. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the federal government and have experience in federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility or other federally funded clinics, call one of our attorneys at Pierce & Thornton for a free consultation.

Doctors and other healthcare professionals in Virginia and around the country were recently notified of a new program launched by the U.S. Food and Drug Administration aimed at reducing the likelihood of preventable harm from medication use. The “Safe Use Initiative” was started because “too many people suffer unnecessary injuries from avoidable medication misuse, errors and other problems,” said FDA Commissioner Margaret A. Hamburg, M.D.

Millions of people are harmed every year from inappropriate pharmaceutical drug use. Many injuries occur as a result of incomplete access to information about a drug, a patient, or the patient’s condition. “Only through coordinated interventions across all sectors of the health care system can we substantially reduce preventable injuries from using medications,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. "All participants in the health care community have a role to play in reducing the risks and preventing injuries from medication use.”

The FDA highlighted several risk-reduction projects that may benefit from Safe Use collaborations, including evaluating consumer medication information, communicating about the risk of inadvertent overexposure to acetaminophen, implementing safeguards against surgery fires caused by alcohol-based surgical preps, and avoiding contamination of multiple use medication vials.

Pierce & Thornton has handled numerous cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving physician and pharmacist negligence in prescribing and/or distributing pharmaceutical drugs. We encourage you to contact our firm if you, a family member, or friend were harmed after being prescribed the wrong drug or taking an incorrect dose of medication.

Physicians in Virginia and around the country often misdiagnose or fail to diagnose several common women’s health issues, according to a recent health report. Health experts say that many women walk out of doctors’ offices feeling that their symptoms were ignored or have not been taken seriously. They are often told that their complaints are “all in their heads” or that everything will be fine if they would just stop worrying. The report warns that the best way for women to avoid having a disease misdiagnosed or not diagnosed at all is to become educated and empowered by learning the names, risk factors, symptoms, and treatments for the most commonly misdiagnosed women’s illnesses - - and then push to be taken seriously.

The seven most commonly misdiagnosed women’s health issues are: 1. polycystic ovary syndrome (the most common hormonal disorder among women of reproductive age and the leading cause of infertility); 2. fibromyalgia (a disorder of unknown origin that is characterized by widespread pain, numbness, and exhaustion); 3. chronic fatigue syndrome (although nobody knows the exact cause of the extreme fatigue common to this disorder, studies point to dormant viral infections, hormonal imbalance, and stress); 4. lupus (a malfunction in the immune system where the body becomes its own worst enemy); 5. multiple sclerosis (occurs when the immune system attacks the protective covering of the nerves in the brain and nervous system, breaking down communication between the brain and body and sometimes destroying the nerves themselves); 6. rheumatoid arthritis (a disease that attacks the linings of the joints via the immune system, causing swelling, aching, and potential deformity in hands, wrists, hips, knees, and feet); and 7. irritable bowel syndrome (a disorder characterized by chronic abdominal cramping and pain, bloating, gas, diarrhea, and constipation).

Pierce & Thornton has handled numerous cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving the misdiagnosis or failure to diagnose a disease or disorder by a physician, including the failure to diagnose and treat various types of cancers. We encourage you to contact our firm if you question the care rendered to you, a family member, or friend.

A recently released VA Inspector General report found ongoing problems at a Veterans Affairs hospital where nine patients died in surgery in six months – a mortality level more than four times the expected rate. As a result, VA Secretary Eric Shinseki pledged to send five top-ranking officials to investigate the ongoing medical errors at the government-run facility. The VA report also found other evidence of medical malpractice, including inconsistencies in the tracking of deaths, medical procedures performed by physicians without proper authorization, and inadequate record keeping of patient care.

Medical negligence committed by the government against a military dependent (active duty military personnel cannot sue the government for medical negligence at this time) can be pursued under the Federal Tort Claims Act (FTCA). Under FTCA, a dependent of an active duty military member who is injured or dies as a result of medical malpractice by military medical personnel can pursue a claim in negligence. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the Federal government and have experience in Federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility, call one of our attorneys at Pierce & Thornton for a free consultation.

Two workers at a nursing home in Galax, Virginia, have been dismissed due to allegations of abuse of residents. The workers are being investigated by the police and criminal charges are expected. There are many nursing homes throughout the Virginia Beach, Norfolk, Chesapeake, Portsmouth and the overall Tidewater area that provide fine care to their residents. However, over the course of 25 years of practicing medical malpractice law, I have seen many instances of abuse and neglect of nursing home residents. Sometimes, there is simply inadequate staffing to provide the necessary level of care for the nursing home residents. Sometimes, the nursing home employees simply fail to provide appropriate care, thus resulting in injury or death to the resident of the home. At Pierce & Thornton, we have handled nursing home cases involving pressure sores, falls, medication errors, abuse and neglect and many other cases involving injuries to and death of residents at nursing homes.

Continue reading "Abuse Investigated at Virginia Nursing Home" »

A Virginia nursing home and rehabilitation center is the focus of an investigation by the Galax County Police Department, according to a local news agency. Two nursing home employees have been dismissed from employment at the nursing home under investigation. Nursing home abuse and neglect was also recently brought to light here in Tidewater when a malpractice case was settled against a nursing home whose employee had repeatedly sexually abused a patient.

Continue reading "Virginia Nursing Home Abuse Investigated" »

In Hampton Roads, it is not unusual to see patrons walking in and out of the many tanning salons along the Virginia Beach oceanfront, as well as salons in Chesapeake, Norfolk, and Newport News. As good as one may look and feel with a suntan, the risks of developing melanoma, the deadliest form of skin cancer, are extremely high. Pierce & Thornton has successfully represented in Court the families of clients whose physicians failed to diagnose melanoma, leading to the clients’ deaths.

Continue reading "Melanoma Linked to Tanning Bed Use" »

Virginia Beach parents, whose baby died suddenly after birth in April, 2005, are trying to reform the Virginia Board of Medicine procedures for public complaints. Their infant died as a result of dangerously low amniotic fluid (oligohydramnios). The mother, who was at high risk because of her age, had undergone chorionic villus sampling, more commonly called CVS, in which a needle is inserted into the placenta to extract tissue. The couple suspects that this procedure caused a small leak of amniotic fluid that was undiagnosed and untreated. The amniotic fluid index was well below the 5 centimeter level that is considered cause for concern. The baby was delivered via Caesarian section and died almost immediately due to underdeveloped lungs, which is a by-product of oligohydramnios.

Continue reading "Virginia Infant Death Spurs Fight for Medical Reform" »

Victims of medical negligence related to medication errors won a major victory last week. The United States Supreme Court upheld a $6.7 million jury award to a musician who had lost her arm due to a mishandled injection of Phenergan, an anti-nausea medication. The Court rejected the defense argument that federal law limits lawsuits against drug makers.
In a 6-3 decision, the Court held that federal approval of the medication’s safety label did not mean that the manufacturer was shielded from lawsuits like the one filed by the patient.

This is the Supreme Court’s second ruling this term which has turned away business groups’ attempts to argue that federal regulations strip a patient’s rights to seek damages for negligence under state law.

Pierce & Thornton has handled medication error cases for its clients. If you believe you or your family has been harmed by a prescription drug or medication error, call one of our attorney’s for a free consultation.

A recent research study reveals that hospital deaths are significantly higher when the patient is admitted on the weekend rather than during the week. The study cites lower staffing levels and less experienced hospital staff working weekends as possible explanations for the higher mortality rate.

This same study also concluded that being discharged from the hospital on a Friday has increased risks of death or readmission within thirty days. Early discharge may occur on a Friday in the rush to get patients out of the hospital and therefore, inadequate discharge instructions are given or the increased likelihood of discharging a patient before they are medically stable to go home occurs.

The lesson to be learned here is that one should try to avoid admission to a hospital over the weekend (which, of course, is sometimes unavoidable) or being discharged before the weekend. If you or your family member is discharged on a Friday, be sure to confirm with the physician your understanding of all discharge instructions, including all reasons that you would need to return to the hospital.

At Pierce & Thornton, we have handled numerous medical negligence cases involving a physician’s or hospital’s decision to discharge someone from the hospital before they were medically stable. If you have any questions about this type of case, please call one of our experienced medical negligence attorneys.

One of the nation’s largest health insurers was accused of overcharging millions of Americans for healthcare. The company, UnitedHealth Group, has agreed to pay a $50 million settlement after investigation by the New York State Attorney General’s office. The investigation arose after hundreds of patients complained to the state about medical care and procedures that were not being reimbursed as “usual, customary or reasonable” charges by UnitedHealth Group. UnitedHealth Group justified its withholding of coverage on the grounds that an “independent” company, Ingenix, had reviewed the care and treatment and deemed it outside the coverage. The investigation revealed that Ingenix is owned by UnitedHealth Group and therefore, questions were raised about the independence of its review process. Many of the patient are contemplating bringing a class action lawsuit against UnitedHealth Group.

Pierce & Thornton encourages you to review your health insurance company’s policies so that you are aware of covered and non-covered medical expenses.

Early detection of colon cancer by colonoscopy may be more challenging than prior studies have shown. A recent study in the Annals of Internal Medicine concludes that nearly 30 to 40 percent of colorectal cancers may not be detected by a colonoscopy. This is a prevention rate far less than that reported historically by doctors. The study further concluded that nearly all cancers on the right side of the colon and about one-third of cancers in the left side of the colon are not visible from the study. The study includes data from colonoscopies performed by internists as well as gastroenterologists, which may have some bearing on the outcome. Despite these new findings, researchers still strongly recommend that patients continue to have the test as a preventative measure.

If you or a loved one has concerns that their colon cancer was not timely diagnosed, call Pierce & Thornton to discuss your potential case.

The use of multiple pain and other prescription medications is leading to deadly results for patients. A recent study indicates that there has been a 700% increase in the number of at-home deaths caused by medication overdoses or errors. The age group most affected were baby boomers in their 40s and 50s. The authors of the study attribute the increase to the combination of medical supervision decreasing while the use of prescription painkillers and other powerful medications -- many of which used to be available only in the hospital setting-- have increased exponentially over the past two decades. Multiple prescription drugs taken at once -- like the sleeping pills, painkillers and anxiety drugs that killed “Dark Knight” star Heath Ledger -- also play a part.

Abuse of prescription drugs plays a role, but the study did not conclude how much. Valid prescriptions taken in error, especially narcotics such as methadone and oxycodone, were reported to account for a growing number of deaths, according to medical experts who reviewed the study. Another interesting finding was the number of people who loan or give their prescription to others -- about 25% have done so -- according to the research. Some advocate more education about the dangers of combining certain drugs with other medications (for example, with alcohol) while others believe that these numbers bring home the message that as a society we have become “drug happy” with the notion that medicines can fix everything.

Pierce & Thornton’s lawyers have represented patients and their family members who have sustained serious injury or death from medication errors.

In Virginia Beach and across Hampton Roads, summer is synonymous with going to the beach or pool and catching rays. However, the dangers associated with unprotected sun exposure have been once again highlighted by a government cancer study released yesterday. The study from the National Cancer Institute found that the rate of new melanoma cases in younger women (15 to 39 years of age) has jumped 50% since 1980, while the incidence among males has stayed relatively stable. Sunbed tanning and more exposure to natural sunlight are cited as possible reasons for the dramatic increase in melanoma among younger women. Each year, approximately 62,000 melanomas are diagnosed in the U.S., and approximately 8,300 people die from the disease annually.

Melanoma is a highly aggressive and the most fatal form of skin cancer if not diagnosed and treated before it spreads beyond its primary location in the skin. If diagnosed while it is still a “thin” (less than 1mm thick lesion), the outcome is favorable, as approximately 90% of melanoma patients are cured. The government’s new numbers about the surge in melanoma cases should make everyone think twice about sunbathing or using a tanning bed without adequate sunscreen or other skin protection.

Pierce & Thornton has extensive experience in representing patients and their families in cases where they have suffered the consequences of melanoma or other cancer not being timely diagnosed by their physician. We have worked with top melanoma experts from across the United States who diagnose and treat melanoma and have gone to trial to seek compensation for those who have lost a loved one due to negligent medical treatment. If you, any family member or friend have any questions about melanoma or other types of cancer that may not have been diagnosed when it should have been, call us for a free consultation.

A Virginia child with brain damage and cerebral palsy caused by oxygen deprivation at birth has received a $1.35 million settlement. The plaintiff asserted that the doctors failed to respond to their son’s deteriorating condition in the hours before his birth. The doctors at the University of Virginia denied any allegations of medical negligence and further argued that they were immune from suit because they were employed by a Foundation that provided care to indigent patients.

The Supreme Court of Virginia recently ruled that the Foundation that employs the doctors (the University of Virginia Foundation) followed the model of a profitable commercial business and was not a charitable institution and therefore was not immune from suit under the charitable immunity doctrine. The charitable immunity doctrine had previously prevented medical negligence suits from being pursued against the University of Virginia Foundation.

The medical malpractice cap in Virginia imposes its harshest consequences on children and families who are devastated by a birth injury. The settlement with UVA, although in excess of $1.3 million dollars will pay only a small portion of the $9 million dollars in life-long care that this child will need. Pierce & Thornton has experience in medical negligence cases involving injured children. If you or a family member has a child who suffered a birth injury, call Pierce & Thornton for assistance.

Virginia active duty military personnel injured by medical negligence at a military hospital (for example, Portsmouth Naval Hospital) cannot sue the government. The law that prevents this type of lawsuit, no matter how negligent or even willfully reckless the conduct by the government in providing medical care, came from United States Supreme Court case Feres v. United States. The reasoning behind the Feres doctrine is that it protects the government from costly, time-consuming trials that could also damage military discipline.

Medical negligence committed by the government against a military dependent, however, can be pursued. Under the Federal Tort Claims Act (FTCA), a dependent of an active duty military member who is injured or dies as a result of medical negligence by military medical personnel can pursue a claim in negligence. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the Federal government and have experience in Federal court, which is where an FTCA case must be filed.

Continue reading "Medical Malpractice: Virginia Active Duty Military Personnel Can't Sue Government" »

In Virginia, medication errors in the hospital setting may be on the rise, according to a recent study. The medical journal Pediatrics will soon publish a study indicating that about 1 out of 15 children who are patients in the hospital are injured by prescription errors. This translates into a rate of about 11 drug-related harmful events for every 100 hospitalized children, which means that an alarming 7.3% of hospitalized children (540,000 children annually) will suffer injury from either the wrong medication or too much medication being given to them.

At Pierce & Thornton, our attorneys have experience in medication error cases involving both adults and children who have been over-prescribed medication or given the wrong drug.

The recent experience of Dennis Quaid and his wife is a frightening example of what can happen as a result of medication errors. Their newborn twins were given 1,000 times more Heparin than the recommended dosage and nearly died. Their advice (and ours) to parents of hospitalized children is to always ask nurses what medication they are giving your child and why they are giving the medication. If your child has a known allergy to a medication, make sure that the nurses and doctors are reminded so that your child is not given that medication or some derivative of it by mistake. Simple concepts, for sure, but they may prevent a tragedy.

By now, most people have seen the national study that revealed that approximately 90,000 wrongful deaths were caused in the United States by medical malpractice. How can you, a family member or friend decrease the likelihood of suffering injury or death from medical negligence? One easy way is to ask your doctor about his experience in performing the type of procedure you are about to undergo. Ask what the “complication rate” is for the particular surgery. For example, what is the likelihood for infection or damaging an organ or nerve near the area being operated on? Some complications occur without medical negligence, while others occur because reasonable care was not taken by the surgeon or hospital staff.

In Virginia, you can obtain information about your healthcare provider online at www.vahealthproviders.com. This website gives information about your doctor’s qualifications, and whether he has ever settled a medical malpractice case or had a verdict rendered against him. Certainly, the fact that a healthcare provider has settled a medical negligence case does not mean that he is incompetent or should not be trusted as your physician. However, if you see multiple settlements or verdicts, you may want to consider another physician. It is an old cliché, but often, “where there is smoke, there is fire”. At a minimum, you can get some peace of mind that you have found out what you could about the doctor who is treating you.