Medical Malpractice

Does the HELPERR Mnemonic Really Help Prevent Birth Injuries?

February 25, 2022 | Benjamin S. Persons, IV

Shoulder dystocia (SD) is one of the most dangerous possible birth complications. When babies are too large to quickly drift down their mothers’ narrow birth canals, permanent brain damage is about five minutes away. The umbilical cord almost literally strangles the baby, cutting off oxygen to the brain. The brain responds by shutting down various parts of the body, usually starting with the baby’s extremities and then moving to more vital areas.

Medical teams have a set way to deal with SD emergencies. But the steps in the HELPERR mnemonic are often not very helpful. In fact, they often do more harm than good. If your child was injured due to medical negligence, a Marietta personal injury attorney can usually obtain substantial victims for these victims in court.

Call for Help

What are the Most Common Types of Medical Malpractice Cases?

November 12, 2021 | Benjamin S. Persons, IV

Medical malpractice can have long-lasting, devastating effects. If you believe you are the victim of medical malpractice, it may be helpful to file a personal injury lawsuit against the liable party (i.e. the physician, other health professional, or medical facility). The following will discuss some of the most common types of medical malpractice cases.

What is Medical Malpractice?

Medical malpractice is a term used to describe an occurrence where a hospital, physician, or other health care professional causes injury or death to a patient, either from negligence or omission. In these cases, the injured patient (or his family, in cases where the patient dies) is allowed to sue the liable party to receive compensation for his injuries.

What Do I Need to Prove in a Birth Defect Medical Malpractice Case in the State of Georgia?

October 15, 2021 | Benjamin S. Persons, IV

Unfortunately, many babies are born with birth defects. Many of these birth defects can be attributed to medical malpractice on the part of a healthcare provider. The following article will provide some information regarding what you will need to prove in a birth defect medical malpractice case in the state of Georgia.

What kind of injuries can result from childbirth?

There are various types of childbirth injuries that can result from a healthcare provider’s malpractice. Some of these injuries include:

Georgia Supreme Court Weighs in on Medical Malpractice Case Where Jury Awarded Zero Damages for Pain and Suffering

October 11, 2019 | Benjamin S. Persons, IV

In April 2018, the Georgia Court of Appeals ordered a new trial in a medical malpractice lawsuit, Evans v. Rockdale Hospital, LLC, after the jury in the original trial determined a defendant was partially at fault for medical malpractice, yet awarded zero damages for the victim’s pain and suffering. The Court of Appeals found this award “clearly inadequate” under the circumstances, especially since the same jury awarded over $1 million in damages for medical expenses. The Supreme Court of Georgia recently weighed on this same case and determined the Court of Appeals overstepped its authority in ordering a new trial.

Rockdale Hospital, LLC. v. Evans

To briefly review the facts of this case, a 60-year-old woman went to the emergency room of the defendant’s hospital, complaining of a severe headache, high blood pressure, nausea, and vomiting. The hospital staff discharged the woman without identifying any specific cause of her symptoms. Later, doctors at another hospital determined the woman had “suffered several strokes as a result of a ruptured brain aneurysm.” Even following multiple surgeries, the woman remains “permanently and totally disabled.”

Georgia Court of Appeals Rejects Effort to Add Doctor to Wrongful Death Case

February 1, 2019 | Benjamin S. Persons, IV

In personal injury lawsuits, it is not uncommon for the plaintiff to file one or more amended complaints. Sometimes these amendments add factual or legal allegations. In other cases, the amended complaint actually names additional defendants.

Preferred Women’s Healthcare, LLC v. Sain

A recent decision by the Georgia Court of Appeals, however, establishes some limits to how far a plaintiff can go to add a defendant, particularly in situations in which Georgia’s statute of repose comes into play. This particular case, Preferred Women’s Healthcare, LLC v. Sain, is a medical malpractice lawsuit. The plaintiff is the widower of a woman who died from complications arising from cancer.

VA Not Liable for Patient Injured During Surgery

January 25, 2019 | Benjamin S. Persons, IV

In common law there is a rule known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” This rule basically allows a judge or jury to infer a defendant’s negligence from an event, even when the plaintiff can not provide more direct evidence that the defendant did something wrong. Georgia courts have taken a narrow view of res ipsa loquitur arguments in modern times, with the Georgia Court of Appeals noting it should only “be applied with caution and only in extreme cases.”

Huntoon v. United States

Even in cases in which a court does apply res ipsa loquitur, that is not always a guarantee that a plaintiff will recover actual damages. Consider this recent decision by the U.S. 11th Circuit Court of Appeals in Atlanta, Huntoon v. United States. In this case, the plaintiff received surgery at a Department of Veterans Affairs (VA) hospital in Florida. According to the plaintiff, when he came out from under anesthesia, he “noticed swelling and severe pain in his right arm.” This was later diagnosed as Complex Regional Pain Syndrome (CRPS).

Pharmacy Faces Lawsuit Over Fatal Prescription Drug Interaction

December 28, 2018 | Benjamin S. Persons, IV

As we get older, it seems we need to take more and more prescription medications just to get through the day. We trust our doctors and pharmacists to ensure that these drugs are safe–not just on their own, but also when taken in combination with one another. But when this trust fails, and the patient suffers, who can be held legally responsible?

Allen v. The Kroger Company

A case now pending before a federal judge in Macon raises this exact question. The plaintiff is the mother of a woman who died after taking a combination of amitriptyline, a medication used to treat various types of mental illness, and morphine. According to the plaintiff’s lawsuit, her daughter had prescriptions for both medications, which were filled at the defendant’s pharmacy six days apart.

Ga. Appeals Court Rejects Malpractice Lawsuit Over Botched Patient Transfer

October 26, 2018 | Benjamin S. Persons, IV

Although medical malpractice cases are typically governed by state law, there are some situations in which federal law may also play a role. For example, the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) sets standards that hospital emergency departments must follow when accepting Medicare patients. Hospitals may be held liable for failing to meet its EMTALA obligations, such as failing to properly screen or treat a patient who presents with a qualifying emergency medical condition.

Pham v. Black

The Georgia Court of Appeals recently addressed the application of EMTALA to a medical malpractice claim against a Georgia-based hospital and several of its doctors. This case began when the now-deceased victim arrived at the hospital’s emergency room complaining of a “racing heart rate.” One of the defendants, Dr. Pham, was on duty that night and had general responsibility for admitting patients to the emergency department.

Ga. Court of Appeals Upholds $4.5M Medical Malpractice Verdict

October 5, 2018 | Benjamin S. Persons, IV

We trust doctors and other healthcare providers with our lives. Unfortunately, that trust is not always rewarded. Medical errors and negligence frequently lead to catastrophic outcomes, including paralysis and death. When this happens, victims and their families have a legal right to seek compensation from the negligent providers.

Southwestern Emergency Physicians, P.C. v. Quinney

On September 28, 2018, the Georgia Court of Appeals affirmed a jury verdict in a particularly egregious medical malpractice case. The plaintiff required spinal-cord surgery to relive his chronic back pain, a symptom of his diabetic neuropathy. Although the surgery initially appeared successful, five days later the plaintiff “awoke with severe pain” and he “was having difficulty standing,” according to court records. He was then taken to a local hospital in Albany (not the one that performed the initial surgery).

Georgia Hospital Not Liable for Patient’s Death Despite Nurse’s Failure to Follow Orders

September 21, 2018 | Benjamin S. Persons, IV

Medical malpractice requires proof that a doctor, nurse, or other healthcare provider deviated from the accepted “standard of care,” and that as a direct result of that deviation, the patient suffered some injury. Unfortunately for victims, proving causation is often more difficult than it might first appear. When it comes to malpractice, judges will not apply “common sense,” but rather look for expert testimony to support or refute the existence of causation.

Edokpolor v. Grady Memorial Hospital Corporation

Consider this recent decision by the Georgia Court of Appeals. This case involves a woman who died while under the care of the defendants, a hospital and one of its nurses. The victim had a long history of cardiac disease and spent the last month of her life in the defendant hospital.