Sixty-one-year-old Max DeVries from St. Paul, Minnesota went to St. Joseph’s Hospital for a routine surgery following a stroke.  While he lay on the operating table, under the effects of anesthesia, he fell and hit his head on the floor.  The 300-pound man suffered severe and significant bleeding after he smacked his head in the same place that doctors had previously removed part of the skull.  He later died from a massive stroke.

Apparently, the man was secured by Velcro straps that had failed. His family has filed a lawsuit claiming that the fall caused or contributed to his death.

The hospital has been accused of not having appropriate facilities and equipment to operate on overweight patients. Mr. Vries’ family contends that the tables were not wide enough and the straps that were used were the incorrect size.  They were allegedly told by the hospital that the straps were not strong enough to hold the patient.

What does the hospital have to say for itself?  Well, according to a hospital statement, it is conducting an investigation.  Really? After all these months that’s the best the hospital can do?

This case goes on the list of the “never should have happened” events. Put it right up there with wrong site surgery.

The following is a list of the top five misdiagnosed illnesses, based on the article:

1.   Cancer: Research has found cancer to be the most commonly misdiagnosed illness. It is believed that the rate of misdiagnosed cancer cases is partially tied with doctors’ failure to stick with cancer screening guidelines.

2.   Infection: A Harvard study found infection to be the second most misdiagnosed condition.

3.    Aortic disease: The symptoms of aortic disease are sometimes not interpreted correctly and are associated with other conditions.  In some cases, this type of disease is misdiagnosed as heartburn.

4.    Hear attack: Despite what Hollywood depicts in movies, sometimes the symptoms of a heart attack are subtle.

5.    Clogged arteries: This condition has some of the same warning signs of less serious illnesses.  Shortness of breath is one of the symptoms, which is frequently attributed to a patient being out of shape.

In some instances, a misdiagnosed illness can be considered medical malpractice. However, these cases are not easy to win.

To find out more about medical malpractice lawsuits, order a copy of Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

When cancer is detected during the early stages, it can typically be treated effectively, giving the patient a good prognosis.  That is what makes misdiagnosed cancer cases so devastating.  By the time the cancer is identified, the options are often limited, not to mention painful.

The rate of survival is generally higher when cancer is caught early, as the treatments tend to be more successful.  Once the cancer has progressed, the treatments are harsher and may include such things as radiation and chemotherapy.

You could have a Virginia medical malpractice claim if your cancer was diagnosed late.  A Virginia medical malpractice attorney will determine if you have a strong claim by gathering all of the pertinent medical records regarding your care and by conducting an interview with you.

If it appears that you have a provable case, your medical malpractice lawyer will consult and retain experts in the appropriate specialty.  These medical experts are crucial to your case, as they will testify if they believe that the medical care you received was substandard, which led to your injury.

There are other factors that go into medical malpractice lawsuits. For more information, order a copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

Now his attorneys have filed an answer to the Complaint. They admit that the medical records accurately reflect what we said they did in the complaint, but, again, they say “the doctor didn’t do anything wrong.”

Here’s my question: is this frivolous or just “good defending”?

A lawsuit filed in the Circuit Court for the City of Fredericksburg alleges that an orthopedic surgeon who was to operate to remove a cyst on the back of a woman’s shoulder, forgot where the cyst was located and operated on the front of the shoulder, allegedly causing unnecessary scarring and disfigurement.

The lawsuit alleges that the surgeon failed to take appropriate steps to mark the surgical site and then failed to awaken the patient and stop the surgery once he realized that he couldn’t remember where he was supposed to operate.

Remarkably, the surgeon’s medical malpractice insurance company took the position that the surgeon did no wrong and denied the patient’s attempt to settle the case.

More information about the Fredericksburg surgeon who has been sued is here.

Is that malpractice? Can you recover damages. Here is an interesting case decided by the Supreme Court of Virginia that allowed a cases against a doctor to proceed when the doctor had forgotten to do a part of a surgery and the claimant had to have another surgery.

This is slightly different from wrong-sided surgery, which also happens.