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Medical Negligence and Nursing Home Neglect

$2.3-Million Medical Negligence Verdict. While working at a mill, a wood stick kicked back from a saw and pierced an Oregon man's side, penetrating all the way to his spine. Over the next four days in the hospital, the wood in his spine caused a gradual neurological deterioration that went untreated because doctors ignored symptoms and nursing evaluations. The jury rejected the novel defense theories of causation and found for the worker, rendering a verdict in the amount of $2.3 million.

Birth Trauma Injury. Expecting her first child, a woman was admitted to the hospital for induction of labor. After several hours of labor, the fetal heart monitor displayed signs of fetal distress. Another doctor intervened and performed an emergency C-section, but the procedure was too late, and the child died two days following his birth.

Failure to Diagnose and Treat Group B Streptococcus (GBS) Infection in Newborn. We have represented children infected with GBS at birth who suffered severe, disabling injuries as a result. GBS bacteria, while non-symptomatic for most adults, are the leading cause of life-threatening infections in newborns. GBS is typically passed from mother to child during delivery, but harmful infection can be prevented through intrapartum administration of antibiotics to the mother and/or timely antibiotic therapy to the child.

Birth Trauma Injury. A child born after her mother had labored for 40 hours developed seizures within hours of her birth. The child was subsequently diagnosed with birth asphyxia and Cerebral Palsy, with diminished life expectancy. A claim was brought against the physician and hospital based on expert opinions that an emergency Cesarean section should have been performed hours before the eventual delivery.

Fatal Prescription Drug. A forty-five year old woman with no history of heart disease died unexpectedly of cardiac arrhythmia. Her physician had prescribed a combination of medications for her. The Medical Examiner determined that the cause of her death was a toxic buildup of one of those medications.

Brain Injury. Claim for injuries resulting from medical negligence in which Plaintiff alleged that the physician failed to diagnose and treat symptoms of heart failure resulting in a heart attack and permanent brain injury.

Horseshoe Kidney. In a case referred to our office by another attorney, a man's left ureter was severed during laparoscopy. Subsequent open surgery revealed a "horseshoe kidney," a rare anatomical irregularity where the kidneys are connected, often altering the position of the ureter. After several attempts to repair the ureter, and a transplant of the left kidney to the right side of the abdomen, the left kidney was removed. The case was resolved by confidential settlement.

Nurse Pulls Out Wrong Catheter. Following prostrate surgery performed without complications, a man was transferred to the hospital's surgical floor in stable condition. He was medicated for pain via an epidural catheter and had a Foley catheter in place, which serves not only to drain urine, but also as internal support for the bladder head and other internal structures. Two days after the surgery, a floor nurse misinterpreted an order to remove the epidural catheter and pulled the Foley catheter instead, resulting in severe internal bleeding and other complications.

Emergency Room Negligence. A 66 year old woman was sitting in her living room when she experienced sudden and extreme chest pain radiating into the back of her throat. By the time she got to the emergency room she was nearly incapacitated by the pain and was sweating and nauseated. The Nurse Practitioner staffing the emergency room failed to recognize the signs of the aneurysm on the chest x-ray, and failed to consult with specialists who could have diagnosed the condition and provided life-saving treatment. Misdiagnosed with severe indigestion (GERD), the patient was sent home where she died the next morning.

Failure to Diagnose Breast Cancer. After an annual mammogram and follow-up ultrasound, the radiologist who performed the ultrasound recommended a guided biopsy of a suspicious breast lump. The patient was not told of the recommendation; instead she was told the ultrasound was normal. The lump was subsequently diagnosed as cancerous after the patient's next yearly mammogram. The delay in diagnosing the cancer allowed the tumor to grow, resulting in an increased risk of recurrence and death.

Failure to Diagnose Stomach Cancer. A 38 year old Willamette Valley man was tested for stomach cancer in 1994, but was assured there was no cancer. Four years later, when stomach problems returned, he was diagnosed with stomach cancer. After months of unsuccessful treatment, he died, leaving his widow and four young children. It was later learned that the 1994 pathology report was wrong: the original stomach samples actually showed cancer.

Radiation Overdose. An Oregon woman was treated with radiation for a tumor in her throat at a cancer treatment center. Her physician prescribed a treatment plan which included a maximum prescribed dose of radiation that was to reach the critically sensitive spinal cord. The actual radiation administered exceeded that amount, apparently because of mistakes in the mathematical calculations used to program the equipment. The patient suffered from radiation injuries to the spinal cord, resulting in permanent and progressive degenerative changes and neurologic losses.

Nursing Home. A Certified Nursing Assistant at a nursing home was arrested and charged with assault and criminal misconduct perpetrated against residents of the facility. Following his arrest we were contacted by the families of four of his victims and we prosecuted actions against the nursing home on their behalf. We worked closely with the Oregon State Police, Senior and Disabled Services, and experts on nursing, nursing home standards, and the effect of abuse on elderly and senile victims.