How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

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Neurosurgery Malpractice: When Surgeons Operate on the Wrong Area of the Brain

Any surgery carries some degree of risk, but when a procedure involving the brain goes awry, the physical, emotional, and financial fallout can be devastating. In 2013, Regina Turner, a 53-year-old St. Louis woman who was supposed to undergo a left-sided craniotomy bypass, was permanently injured due to surgery being performed on the wrong side of her brain.  Although she and her family hired good medical malpractice lawyers who helped her recover compensation for damages, Ms. Turner’s life was irrevocably changed. 

Regina’s Story

Before surgery, Ms. Turner had suffered a series of mini-strokes over several years. The purpose of the left-sided craniotomy bypass was to prevent future strokes, but the medical error resulted in her requiring round-the-clock care. Unable to walk, she had to use a wheelchair, and her speech became garbled. Although a second surgery was performed six days later on the correct side of her brain, the damage was already done. Photos of Regina before her first surgery show an indelible marking on the left side of her head. After the procedure, another picture shows a bandage on the right side of her head. Unfortunately, no one in the operating room noticed that they were working on the wrong side. 

How Did This Happen?

There are different reasons why wrong-side craniotomies are performed. Reversed X-rays, procedural errors, and a surgeon failing to review a patient’s medical records are just a few factors that can come into play. Wrong-site surgeries are considered sentinel events, which are the worst kinds of medical errors. It’s hard to believe, but a  2007 study found that one out of four neurosurgeons has performed wrong-site surgeries.

Holding Responsible Parties Accountable for Wrong-Side Craniotomy

In this type of situation, the best medical malpractice lawyers in Pennsylvania recommend finding a personal injury lawyer with experience handling wrong-site surgery cases. Ms. Turner and her family hired attorney Alvin Wolff, who filed a medical malpractice suit against Dr. Armond Levy, the neurosurgeon who performed the bungled operation, and SSM Health Care St. Louis. 

The lawsuit was settled out of court. The details of the settlement were undisclosed. Although some may consider this justice, no amount of money can change what happened to Regina and how the medical error affected her life. Mr. Wolff also filed a complaint with the Missouri Board of Registration for the Healing Arts. They declined to take action against Dr. Levy, but a record of the investigation remains on file. If the state of Missouri wouldn’t hold him accountable, at least Regina and her family found some kind of recourse by filling a medical malpractice lawsuit and recovering a settlement. 

If you or someone you love has been affected by wrong-site surgery, you don’t have to go it alone. Our malpractice lawyers in West Chester, PA are here for you. Our legal team includes some of the best medical malpractice attorneys in Chester County. Our personal injury attorneys and malpractice lawyers also serve clients in Delaware County and other counties.

This blog was originally posted on https://pa4law.com/neurosurgery-malpractice-when-surgeons-operate-on-the-wrong-area-of-the-brain/

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Medical Mistakes: When a Fertility Clinic Uses the Wrong Sperm

For those struggling to conceive a child, fertility treatment can be a lifesaver. Although they are rare, mistakes sometimes happen at fertility clinics. Fertility law is fairly new and can be quite complex. If you’ve been a victim of a medical error during fertility treatment, it’s important to find good medical malpractice lawyers who have experience in this area of the law.

Fertility Clinic Sperm Error

One such case involved Thomas and Nancy Andrews, who received fertility treatments at New York Medical Services for Reproductive Medicine in 2004. After struggling to conceive their second child, Nancy underwent in-vitro fertilization with what was assumed to be her husband Thomas’ sperm. When she became pregnant the family was overjoyed.

However, after Nancy gave birth to daughter Jessica on October 19, 2004, they feared that something was amiss. Jessica’s skin was much darker than either of her parents’ and she had characteristics more typical of African or African-American descent. Using a home kit, they tested their daughter’s DNA and had two additional lab tests performed. All three tests showed that Thomas was not Jessica’s biological father.

The Andrews File a Malpractice Lawsuit

The couple feared that Jessica’s biological father could try to claim rights and that the anonymous donor's sperm may have been used in other inseminations or another couple may have received Thomas Andrews' sperm. They also believed that the convoluted situation could cause their child confusion and unnecessary hardship.

The Andrews decided to bring a claim against the owner of the clinic and the embryologist who processed the egg and sperm for insemination. In court filings the couple stated, "We underwent a difficult and complex medical procedure for the sole purpose of bearing a child of our own. We were never informed that this type of mishap could occur, and frankly, this type of mishap is almost unimaginable.”

Even the best medical malpractice lawyers in Pennsylvania find cases involving IVF and other fertility treatments challenging to win. New York courts are hesitant to deem the birth of a healthy child as a cognizable injury. State Supreme Court Justice Sheila Abdus-Salaam dismissed certain parts of the Andrews’ lawsuit, including a claim that they had suffered mental distress. However, they were permitted to proceed with the medical malpractice portion of the claim. Ultimately, they were granted a summary judgment against embryologist Carlo Acosta.

Other Types of Fertility Clinic Errors

Using the incorrect sperm isn’t the only type of error that can happen at a fertility clinic. A California woman was awarded $1 million in a malpractice claim against a fertility specialist who accidentally implanted her with the wrong embryos, then concealed the mistake until her baby was 10 months old. 

Common errors include:

• Improper handling of sperm, eggs, or embryo, which can result in the implantation of the wrong embryo or using the wrong sperm or eggs
• Improper implantation, such as placing the embryo in the ovaries, which can result in ectopic pregnancy
• Medication errors, such as prescribing the wrong drugs before, during, or after an IVF procedure

If you have suffered harm due to a fertility clinic error, seeking the counsel of medical malpractice lawyers in Chester County PA can help make things right for you and your family. Our malpractice attorneys in West Chester provide compassionate, competent legal services you can trust.

This blog was originally posted on https://pa4law.com/medical-mistakes-when-a-fertility-clinic-uses-the-wrong-sperm/

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How a Blood Type Error led to a Young Woman’s Death after an Organ Transplant

Hundreds of thousands of Americans are injured or killed due to medical mistakes each year. These errors are usually preventable and can lead to tragic events that leave families devastated. One notable case of egregious medical malpractice involved 17-year-old Jesica, a patient at Duke University Hospital. In 2003, she received a heart-lung transplant at the prestigious hospital, but passed away due to a blood type error. 

Malpractice lawyers in Chester County, PA and around the globe kept a close eye on this case to see if the family attained the outcome they deserved for the loss of their daughter. Although her family ended-up settling with Duke for an undisclosed amount, even the best medical malpractice lawyers in Pennsylvania know that no amount of money can ever erase the pain of losing someone you love. 

Jesica’s Story

Jesica suffered from a life-threatening heart and lung disorder that drove her parents to bring her to the U.S. from Mexico to receive the medical treatment she desperately needed. On February 7, 2003, Jesica received a heart-lung transplant at Duke University Hospital. The surgery was performed by a highly respected pediatric cardiac surgeon who had performed more than 100 heart transplants. 

About five hours into the surgery, the surgeon got word from a technician in the immunology lab, who told him that the organs, which were from a type A donor, did not match Jesica’s blood type, which was type O. This led to the antibodies in her blood attacking and destroying her new organs. The surgeon told Jesica’s parents about the error shortly after surgery, but Duke University Hospital didn’t inform the public for 11 days, when they finally made an announcement seeking another donor. Although she received new organs 13 days after her initial surgery, Jesica slipped into a coma and died on February 22, 2003. 

How Did This Blood Type Error Happen?

More than a dozen people at Duke and the organ donation organizations were responsible for acquiring a new heart and lungs for Jesica. So what went wrong? How did someone fail to catch this grave error? Sadly, a failure to communicate basic information was the main cause – no one ever cross-checked her blood type to make sure it was a match before surgery. 

UNOS, the national organization that coordinates some organ donation services throughout the country, already had a policy that required blood types of donors and recipients to be matched before releasing any organs. However, no one at any organization involved ensured that Jesica’s blood type and the organs were a match. The surgeon took responsibility for the error and an investigation led to the hospital implementing new procedures to prevent similar errors from occurring. 

Blood Type and Transfusion Errors

These types of cases are complex and can be challenging to win, so having an experienced attorney by your side is critical. Although Jesica’s family was left heartbroken without their daughter, one positive aspect of this incident is increased transplant safeguards, and increased awareness of organ donation by the general public.

In addition to mistakes involving blood type, Good medical malpractice lawyers are well-versed in other blood-related errors, such as: 

• Incorrect blood type analysis

• Dispensing the wrong blood product

• Improperly-labeled blood products

• Blood administered to the wrong patient

• Expired blood products

How a Medical Malpractice Attorney Can Help

Regardless of the type of error, if you believe you or a loved one was hurt due to a mistake by a medical professional or organization, our medical malpractice lawyers in Delaware County PA and malpractice attorneys in Chester County, PA can assess your case, advise you of your options, and help you hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/how-blood-type-error-led-womans-death-after-organ-transplant/

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Wrongful Death Due to Air Embolism. Do You Have a Malpractice Case?

A somewhat rare occurrence, air embolisms are typically preventable when proper precautions and procedures are followed. Unfortunately, sometimes health care providers and facilities are not as careful as they should be, which can lead to tragic results. If someone you love passed-away due to an air embolism, finding good medical malpractice lawyers to evaluate your case is vital. Although no amount of money can bring back your loved one, an attorney can determine whether you have a viable wrongful death claim and advise you of your options.

What Is an Air Embolism?

An air embolism occurs when air bubbles enter the bloodstream and block a vein, artery, or blood vessel. When these air bubbles travel to your brain, heart, or lungs, it can cause heart attack, stroke, brain damage, respiratory failure, or other serious conditions. In some cases, air embolisms causes death.

Causes of Air Embolisms

Air can get into veins and arteries in several ways, usually during an injection, surgery, or while an IV is being placed. In a medical setting, an embolism may be caused by:

• Holes in tubing or catheters

• Defective tubing or catheters

• Improper priming of IV tubing

• Improper insertion or removal of an IV line

• Direct injection of air into a vein

• Defective heart stent

• Open heart surgery

• Blood transfusion

• Medication complications

If there is trauma to the lungs, ventilator-induced pulmonary embolisms can occur when a ventilator forces air into a damaged vein or artery. Because they provide direct access to the venous system above the heart, IV lines in jugular veins can also be a risk for air embolism. For an air embolism to develop from a central IV line, a sufficient amount of air must enter the system. Medical malpractice lawyers in Chester County, PA often employ medical experts who know how to determine whether an air embolism was involved in a patient’s death.

Preventing Air Embolisms

Physicians, nurses, and other health care professionals are trained to prevent air embolisms and to monitor patients to detect symptoms of embolisms during surgeries and other medical procedures. For example, patients are more likely to suffer from an air embolism if they are in a sitting position during an IV procedure, so proper positioning is vital. A pulmonary artery catheter or ultrasound can be used to detect air bubbles during surgery, and using an air occlusive dressing when a line is removed can help prevent air embolism.

How Do You Know If You Have a Case for Wrongful Death?

If you believe the negligence of a health care provider or facility caused your loved one’s death, seek the counsel of medical malpractice lawyers in Chester County, PA.  In most cases, air embolisms are preventable. However, you still have to prove negligence in a medical malpractice or a wrongful death claim. There must be evidence that a health care professional or facility provided substandard care, caused the embolism, failed to diagnose it, or failed to properly treat the condition.

An air embolism can sometimes be identified when reviewing medical records, especially if a CT scan was performed after symptoms appeared. The best medical malpractice lawyers in Pennsylvania understand how to properly investigate these types of cases. They typically enlist medical experts, review medical records, gather witness testimony, and thoroughly investigate the circumstances of the death to put all the pieces of the puzzle together.

Do you need help determining whether you have a medical malpractice or wrongful death claim? Our malpractice attorneys in Chester County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/wrongful-death-due-to-air-embolism-do-you-have-a-malpractice-case/

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