Dawn Collins, JD
MS COLLINS is an attorney specializing in medical malpractice in Long Beach, California. She welcomes feedback on this column via e-mail. Click on the envelope icon to email.
Transfer of patient in active labor leads to death
Ignoring the Federal Emergency Treatment and Active Labor Act (EMTALA), an ED staff transfers a woman with preeclampsia who is in active labor.
Missed follow-up leads to stage IV renal cancer, death
A lawsuit was filed against both the urologist and the radiologist involved in the treatment of the kidney stone, claiming that he was not informed of the abnormality on the left kidney noted on the CT scan and the recommendation for follow-up.
Nerve injury during bilateral tubal ligation
A woman suffers foot drop following a tubal ligation and sues her surgeons. What did the jury decide?
Forceful catheter insertion leads to bleeding, lawsuit
In the lawsuit, the physician was accused of not timely responding to the information that there was no urine returned after catheterization.
Patient sues after radiation therapy damages bladder
In this case, the patient tried to keep the observing urologist in the case as another source of payment by claiming a physician-patient relationship existed, thus establishing he had a legal duty to ensure the care was within the accepted standard.
Case: Molar pregnancy develops into choriocarcinoma
An ob/gyn neglects to follow a molar pregnancy to its conclusion and the patient develops choriocarcinoma. A jury found in favor of the plaintiff.
Colon perforations follow nephrectomy; patient sues
During the trial, the defense was able to put forth the claim that the perforations did not occur during the operation.
Legally Speaking
Excessive traction blamed for brachial plexus injury; bowel injury after laparoscopy; prolonged second stage blamed for CP; failure to perform timely cesarean blamed for child’s developmental delay; uterus perforated during hysteroscopy; severe IUGR not detected in high-risk pregnancy
Nerve injury during sling procedure prompts suit
In this case, the woman claimed her damages from the negligent nerve injury included pain and weakness in her legs and a second operation to replace the sling.