Medical Malpractice | Virginia Lawyers Weekly

Roanoke OBs hit with $9M verdict

By Peter Vieth
Published: May 24, 2012
Tags: Medical Malpractice, Million-Dollar Verdicts, Roanoke Circuit Court

A Roanoke City jury has returned verdicts totaling $9 million against two obstetricians in a birth injury case where the child’s medical expenses have already exceeded the cap for the child’s recovery under Virginia law.
The child – now 10 – functions at a pre-kindergarten level, according to Jeffrey H. Krasnow of Roanoke, who tried the [...]

Woman died from blood clot after spinal surgery – Defense verdict

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Fairfax County Circuit Court, Judge Leslie M. Alden, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

Plaintiff’s decedent was a 31-year-old woman admitted to the hospital on Aug. 9, 2007, for spine surgery. While in the pre-operative holding area, she was found to have deep venous thrombosis (DVT) involving three vessels in her right lower leg. The spine surgeon postponed the surgery and sought medical management for the DVT from the [...]

Ruptured artery led to amputation of woman’s leg – Defense Verdict

By Virginia Lawyers Weekly
Published: May 14, 2012
Tags: Judge Norman A. Thomas, Medical Malpractice, Million-Dollar Defense Verdicts, Norfolk Circuit Court

This case arose after the plaintiff fell while walking down a sidewalk. EMS was called and plaintiff was taken to the hospital. Both the EMS provider and the treating emergency physician noted a normal neurovascular exam and bilateral pulses in the patient’s feet. The plaintiff was diagnosed with a knee sprain, placed in an immobilizer [...]

Accrual Question Saved for Trial

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says the parties in this med-mal action alleging failure to diagnose cancer should put on evidence to resolve the statute of limitations issue at trial, rather than trying to resolve it before trial.
I have read St. George v. Pariser, 253 Va. 329 (1997), and Lo v. Burke, 249 Va. 311 (1995). [...]

Plaintiff claimed unauthorized practice of medicine to avoid the cap – Defense Verdict

By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

James Planicka, DDS, suffered a severe heart attack in 2005 at age 65, after which he received an implantable cardioverter defibrillator (ICD). In May 2010, at age 70, he presented to Inova Fairfax Hospital for replacement of the ICD generator. The attending anesthesiologist and Certified Registered Nurse Anesthetist (CRNA) met with the patient before the [...]

Experts: Obstetrician should have discussed shoulder dystocia risks – $900,000 Settlement

By Virginia Lawyers Weekly
Published: April 9, 2012
Tags: Medical Malpractice

In 2004, plaintiff began receiving prenatal care. During the course of prenatal care, the history, physical examinations, and tests showed the plaintiff had an increased risk for encountering shoulder dystocia during a vaginal delivery, including but not limited to, excessive maternal weight gain, fundal heights greater than dates, and a third-trimester ultrasound estimating the fetal [...]

Child with asthma negligently diagnosed and treated for Cystic Fibrosis – $2,000,000 Verdict

By Virginia Lawyers Weekly
Published: April 2, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Million-Dollar Verdicts, Richmond Circuit Court

Plaintiff, a 15-year-old male with mild persistent asthma, was negligently diagnosed with cystic fibrosis (“CF”) and pancreatic insufficiency (“PI”) at the age of five, and treated for the diseases until shortly before his 13th birthday. His diagnoses were never properly confirmed by available testing. After seven and a half years of treatment, defendant’s physician employee [...]

Delayed C-section results in infant brain damage – $2,000,000 Settlement

By Virginia Lawyers Weekly
Published: March 26, 2012
Tags: Medical Malpractice, Million-Dollar Settlements

The plaintiff alleged that defendant obstetrician failed to perform a timely C-section, despite the fact that the mother was attempting a vaginal birth after a previous C-section (VBAC), which carries a known risk of uterine rupture. There were recurrent late decelerations on the fetal heart rate monitor, protracted labor and a swollen anterior lip that [...]

Anesthesia error results in death following emergency c-section – $1,350,000 Settlement

By Virginia Lawyers Weekly
Published: March 12, 2012
Tags: Medical Malpractice, Million-Dollar Settlements, Wrongful Death

A 36-year-old woman was admitted for the induction of labor following a normal prenatal course. During labor, fetal tracing became non-reassuring, prompting the treating obstetrician to order an emergency cesarean section. During the procedure, the defendant anesthesiologist failed to secure the patient’s airway. The defendant was unable to hear breath sounds on auscultation, which he [...]

‘Due Diligence’ is for Service, Not Expert

By Deborah Elkins
Published: March 9, 2012
Tags: Justice Lawrence L. Koontz Jr., Medical Malpractice, Supreme Court of Virginia

A medical malpractice plaintiff who failed to serve a defendant doctor within 12 months of filing suit can’t extend the time to serve him by showing that she used due diligence during that time period to search for an expert to support her claim, as required by Va. Code § 8.01-20.1, and the Virginia Supreme [...]

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