Medical malpractice is a personal injury claim in which a patient sues a hospital or doctor for injuries incurred as a result of negligence by the hospital or physician. Many patients are injured by misdiagnoses or botched surgeries. While doctors are usually covered by medical malpractice insurance, juries typically award large sums of money to plaintiffs injured by doctors. It is also common for plaintiffs to form class action suits against pharmaceutical manufacturers.
In late-breaking California personal injury news, an Anaheim-area hospital is facing hefty fines for performing surgery on the wrong kidney. A patient arrived at the emergency room complaining of severe pain on the right side of his body. An imaging procedure revealed a kidney stone in the right kidney that required surgery. When the records were faxed to the surgical nurses and doctors, it inadvertently indicated the stone was on the left side of the patient’s body. Failing to properly examine the patient before surgery, he underwent surgery to insert a stent in the left kidney.
Three days later, the patient’s pain had gone from bad to worse. The pain was excruciating and was showing no sign of improvement. Upon returning to the hospital for his ailment, the patient soon found out that the operation was performed on the wrong side of his body. He then had to endure one procedure to remove the stent from the left side of the body and another procedure to implant a second stent in the correct kidney.
It is not clear whether the patient is planning to pursue a civil lawsuit against the hospital, its doctors or nurses. However, the State of California issued a $50,000 fine against the hospital. State fines against hospitals are used to help ensure facilities are in compliance with state standards and procedures. The State has issued 185 penalties to 118 hospitals to account for $4.2 million.
In a statement released by the hospital, it stated: “We believe there is no room for error in patient care and regret that this occurred. As a result of this July 2009 incident, we promptly implemented a comprehensive plan of corrective action to ensure that nothing like this can happen in the future.”
If you or a loved one has experienced injury or death as a result of a hospital’s mismanaged care, we would love to hear from you. Personal injury includes any negligent act by a surgeon, nurse or caretaker. Also, those injured by the adverse side effects of pharmaceutical medications may also have a cause of action in personal injury against the drug manufacturers.
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