Medical Malpractice

Home 5 Category: Medical Malpractice

Birth Injuries Usually the Result of Negligence in a Hospital

People have their babies in hospitals because they’re supposedly a safe place. That isn’t always the case.

Most people prefer to have their baby in a hospital, simply because they feel safer being right there where there is medical care on hand; doctors to help if there is a problem. And in most instances, things go just fine due to the outstanding care our medical professionals offer. I have the utmost respect for those who work in this tough field but sometimes bad things happen, and we need to talk about those things when they do happen.

Sure, there may be lots of fancy, high-tech equipment around when you give birth, but the question is does everyone know how and when to use it? If they don’t, this isn’t something you want to find out about later and the hard way, and this isn’t something you want to find yourself talking to a New Hampshire personal injury lawyer about either.

There’s a whole team of people usually involved in the birth of a child; everyone from radiologists to pharmacists, surgeons to neo-natal nurses and anesthesiologists to obstetricians. They are on hand to give the new arrival the right kind of care. They should know what they are doing, as they’ve had years of intensive, exhaustive and comprehensive training to do their jobs.

Medical professionals are people though and people make mistakes. When that happens during the birth of your baby, the consequences may alter both of your lives forever. This is what is called medical negligence; negligence on the part of someone who should know better due to their training. If any one of the medical team drops the ball at delivery by not recognizing fetal distress, improperly using forceps to deliver, giving the wrong medication or not identifying the need for a C-section early enough, there may be drastic consequences. And if there are, this is the time to discuss your case with a New Hampshire personal injury lawyer.

It’s not just the personnel who are major factors in the birth of your child; it’s also the various equipment used to deliver the baby. Imaging tools and x-rays need to be used with low emissions for baby’s safety, all tools need to be sterilized and sanitized to prevent infections, and everyone that is supposed to be able to use the equipment needs to actually know how to use it properly. While this might sound like a big job to fill, it is the medical professional’s job to do just that – do their job properly, with due care and caution, with expertise and knowledge and do no harm to the mother or baby.

Needless to say, this area of the law is complex and if you find yourself faced with the possibility that your child was injured at birth due to negligence, then you will want to speak to a New Hampshire personal injury lawyer immediately. Don’t wait or you may run afoul of the Statute of Limitations.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Unspeakable Nursing Home Abuse and Rape

When the word despicable comes to mind, it may well encompass the rape of a 68-year-old nursing home patient. Nursing home abuse like this is outrageous.

In this particular case that Charlie Donahue heard about, a 68-year-old nursing home resident was raped by a 46-year-old woman. The charges were indecent assault and battery and two counts of rape. How on Earth did this happen, you ask? It never should have taken place. Never should have happened. Never should be repeated. It is beyond shocking.

Apparently a nursing home aide, Heather Monto (names have been changed to protect the victim), was assisting a home resident to have a shower and during the shower used her fingers and another unknown object to sexually assault the elderly woman. The woman had enough courage to report the abuse to another nurse and the facility had the integrity to call the police. Evidently, the assaults had been going on for several months. The elderly woman’s family also wanted to contact a New Hampshire personal injury lawyer to find out their rights.

Incidents like this are becoming way too common in assisted living facilities in the US. The worst thing is that the residents are often too old, frail, scared or vulnerable to be able to fight back and far too concerned for their welfare to report what is going on to others.

Any assault, molestation, rape or abuse that takes place in a nursing home facility is a crime – period. If you suspect something like this has happened to a family member, you may have solid grounds to file a nursing home negligence lawsuit. This kind of behavior on the part of nursing home staff is unacceptable and must be stopped in its tracks. You can make a difference and do something by taking your suspicions to an experienced New Hampshire personal injury lawyer.

The facts are that a nursing home or assisted living facility is duty-bound to offer their patients professional nursing care and to make sure none of those being looked after come to any harm – physical, emotional or psychological. Those who run these homes also have a duty to watch the staff and ensure things like this never happen and if they do, to handle them swiftly and expeditiously to keep residents from further harm.

When we need to place a loved one in a long-term care home, we do so because we hope they will get the care they need, and that they will be respected and treated with kindness and dignity. When this does not happen, the shock and grief are almost unbearable. If you think something bad is happening to your family member in a nursing home, then do the right thing and speak to a seasoned attorney. The cycle of abuse has to stop, and it will stop with you and your New Hampshire personal injury lawyer leading the charge.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Mental Trauma from Burns and Scars

Burns and scarring are not the only things that happen when someone is gravely injured in an accident. The mental trauma can be ferocious.

“The kind of pain people who have been burned endure is beyond comprehension for most people. While many see the visible scars, what isn’t seen is the mental anguish and trauma that the person endured at the time of the accident and is still enduring later,” explained Charlie Donahue, a New Hampshire personal injury attorney who works out of Keene.

It’s not just the scars that cause concern. It’s the very real fear that the victim faces dangerous infections and damage to their skin so severe they may never be the same again. Many times the burns are disfiguring and the emotional anguish this causes is intensified by the pain of many surgeries and skin grafts. “The treatment for badly burned victims is excruciating, usually long-term and extremely expensive,” said Donahue.

Unfortunately, burns are much more common than we would like to think. In fact, statistics show that roughly 175,000 people head to ERs across the nation after being burned. The shocking news is that more than 16,000 of those cases have to be admitted because their burns are so severe. Remember this as well: burns are not just external and may affect a person’s lungs and airways due to inhaling gases and hot fumes.

Burn injuries can and do happen just about anywhere. “Often they are a by-product of a motor vehicle accident, but they may also happen in the workplace. If they do happen in the workplace, they are generally considered to be workers’ compensation cases. As a matter of fact, there are a number of ways a worker may be injured on the job, ranging from workplace fires to radiation, from inhaling smoke or toxic fumes to poorly wired or insulated electrics, and from thermal burns from hot liquids to burns from hot machinery,” Donahue outlined.

There are three kinds of burns that vary in their degree of severity. This mostly relates to how deep the burn is and how it affects your skin tissue. There are superficial burns that affect the surface of a victim’s skin and often don’t blister. The next type of burn is referred to as a partial thickness burn that damages the skin and underlying layers. For example, shallow damage to the dermis means the skin is pale pink and usually blisters. Deeper burns usually turn up red and blotchy looking.

Full thickness burns are those that are the result of all layers of a person’s skin being severely damaged. The skin often turns black, deep brown or white and it is leathery and waxy to the touch.

“These burns don’t hurt as much as the others for the simple reason that the nerves have usually been destroyed. These injuries have a tendency to be fatal,” New Hampshire personal injury lawyer Charlie Donahue added.

“The bottom line here is that if you have been burned on the job, you will likely be dealing with workers’ compensation. If you get the runaround from them over your injury, then that’s what I am here for. I make sure you get your claim settled – no ifs, ands or buts,” offered Donahue, a New Hampshire personal injury attorney with a track record for succeeding on behalf of his clients.

To learn more, visit http://site7v.charlesworkstesting.com.

Even an STD May Result in a Personal Injury Lawsuit

A jury found for the plaintiff in this personal injury case. The award was $1.5 million for contracting HPV from a dentist.

“Certainly, the truth can indeed be stranger than fiction and this is one instance where that is the case. I heard about this lawsuit thanks to another personal injury lawyer. It involves a woman who filed for damages against a dentist after she contracted the human papilloma virus, referred to as a sexually transmitted disease,” recounted Charlie Donahue who is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States.

Despite an appeal in 2008, the dentist lost once again and the high court ordered him to pay his victim $1.5 million for infecting her. Evidently the dentist elected not to tell one of his patients to take precautions when they had intercourse to protect her from contracting anything. The man even went so far as to claim he didn’t have any diseases, and that since he had been tested for STDs, he’d not had relations with anyone.

“As things progressed, the two did have intercourse and one year later the woman had an abnormal pap smear. The guilty dentist admitted he’d had sex in the time between his STD test and when he and the woman had intercourse. He had also been active with others while seeing this woman,” said Donahue.

To compound the problem, the dentist also said the other woman he’d slept with showed the same symptoms. The woman who filed the lawsuit claimed that because he gave her HPV, it will, for the rest of her life, affect her health and any relationships she may have. The court awarded $700,000 in compensatory damages and $800,000 in punitive damages.

“The dentist had the unmitigated gall to file a countersuit for libel, slander and malicious prosecution. That’s a frivolous suit that will haunt him in front of the jury, which will already be none too pleased with his actions. That was a terrible strategy, not to mention being dishonest,” added Donahue.

Personal injuries may be more than just physical wounds such as broken bones, bruises, cuts, fractures, scarring, burns or traumatic brain injury. Personal injury lawsuits have everything to do with harm that is negligently inflicted on another. This case speaks for itself. If you have been in a situation similar to this, you might want to speak to a veteran New Hampshire personal injury lawyer, who will do right by you,” said Donahue.

To learn more, visit Donahuelawfirm.com.

Nursing Home Abuse – It’s Enough to Make You Weep

Imagine one of your relatives being so doped up in a nursing home they don’t know who you are when you visit. Look for other signs of nursing home abuse immediately.

When you make the decision to place a relative in a nursing home, you don’t do it just because you “can.” You do it because they need care you can’t provide. You trust the nursing home management and staff will treat your relative with the same care and dignity that you would. In many instances, you would be right; in others, you would be in for the shock of your life.

Consider the case of Betsy Penny(names have been changed to protect the victims), so doped with pain medications she didn’t need and that her family didn’t want give to her, that she could no longer recognize her sister or other family members that came to visit her. Penny herself barely recalls the ugly details of the nursing home she lived in for a year, but she does remember how frightened she was all the time.

When Penny entered the home in 2006 at the age of 73, she was able to walk and talk. Eleven months later her family took her out because by then she was strapped into a wheelchair and wasn’t aware of anything going on around her. Her family is positive she would be dead today if they had not removed her. It took Penny over four months to recover from the effects of all the unnecessary drugs she was given daily to make her compliant and complacent.

There were other signals that all was not well at the nursing home in which Penny lived. Residents were so heavily drugged their heads were planted in the middle of their meals and Penny’s room smelled strongly of urine. Respect and dignity were totally absent.

Penny recalls the time she broke her hip and instead of getting protective bracing for the bed, they told her to sleep on the floor. The final straw was when a nurse gave Penny an insulin dose that just about put her in a coma. Penny is and was not diabetic, and had no need to use or any reason to be given insulin. Her family had enough and took her home.

Not only had the family had it with the nursing home, they were angry that other seniors were being treated the same way Penny was handled. They filed a nursing home malpractice lawsuit, yet to be resolved, but they are determined to stick to their guns and put an end to nursing home abuse. This may be a tough case, as the owner of the nursing home at the time Penny was a resident there was charged with felony health care fraud.

It also looks like the new owners have a string of charges and fines totaling $900,000 filed against them for Medicare and Medicaid fraud – specifically failing to provide proper/adequate care for residents of “their” nursing homes. Kind of makes one wonder about how the residents will be treated by the new owners.

Let’s be perfectly clear about something here; nursing home abuse is “not” acceptable in any way, shape or form. It is ugly, destructive, treats valuable human beings like garbage and needs to stop – right now. If you have suspicions about a nursing home your relative may be in, have proof abuse is stalking the hallways of the home, call a dedicated and skilled nursing home abuse lawyer. These cases are critically important for more than one reason. They are about making a nursing home environment safer for seniors and about putting a stop to this violence and abuse for the next generation to follow; and that generation would be us.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Medical Malpractice– another smashing success

I’m happy to report the settlement of another medical malpractice case.

A most deserving client seriously and permanently injured by a medical doctor’s negligence will be set for life.

Nobody wants to sue a doctor, but sometimes there is no choice. It’s not too much to ask any professional to do a good job, and not to deviate from an acceptable standard of care. Hardly any decent doctor will disagree.

I am not one of those injury lawyers who sues doctors, or anyone else, for no good reason. In fact, I have great respect for medical professionals, and have many friends in the medical field.

Check out my companion website dedicated exclusively to medical malpractice at www.nhmedicalmalpracticelaw.com

I have connections across the country with the very best medical malpractice lawyers and our team effort– at no extra cost to our injured client– has produced many smashing victories.

You can trust me to get the job done for you in a first-class manner.

I take your personal injuries personally!

I know you’re not out to hurt anyone, but you want to see that nobody else has to go through the life-changing ordeal handed to you.

Keep your strength.

Charlie Donahue
injury lawyer
Keene, New Hampshire

Stevens Johnson Syndrome — skin disorder

Here’s a new one for you– Stevens Johnson Syndrome.

This is a rare, but serious disorder affecting the skin. It is usually the result of an allergic reaction to medication.

The typical culprits are anti-inflammatory drugs like NSAIDS, anticonvulsants like dilantin and tegretol, and antibiotics like levaquin.

If you or someone you care about has Stevens Johnson syndrome, there may be legal help.

Toxic epidermal necrolysis can require hospitalization, and be a very serious problem.

Call me if I can help.

Charlie Donahue
injury lawyer
Keene, N.H.

Hernia Mesh Patch injury

There is a recall on many hernia mesh patches, which are potentially harmful and dangerous.

If you’ve had a Kugel hernia mesh patch implant, you should talk with your physician. The FDA has issued a warning that patient should do so, particularly if they are experiencing stomach pain, fever, tenderness or unusual symptoms. I urge you to talk with your medical professional, even if you are having no symptoms now. It is better to be safe, than sorry.

These devices are made by a medical device conglomerate, Davol, inc., a subsidiary of C.R.Bard, inc., multi-billion dollar corporations that should be held accountable and responsible to pay your damages.

Chances are your doctor or surgeon had no idea these devices were defective, so it is entirely possible to make a claim for money damages without any harm to your medical professionals.

The mesh patch is used to repair hernias. Many have a defective plastic “memory recoil ring” that can cause injury or death.

If you’ve been injured by a defective hernia mesh implant, call me for free advice. I’d be honored to help.

We at Donahue Law are based in Keene,N.H., but have clients all over New Hampshire, and connections with injury attorneys across the country.

Good, caring medical professionals should not be sued, but those who commit medical malpractice ought to be held accountable.

For A Free Consultation

Call: (603) 357-2363

Or Use Our Online Contact Form
{

Atticus Finch was right:
“You never really understand a person until you consider things from his point of view…until you climb into his skin and walk around in it.”

{