Ms. Lopez was like many mothers, who opted for cosmetic surgery to make herself feel more attractive after having children.  The 36-year-old mother of four elected to have a breast lift and augmentation, liposuction, and a tummy tuck.  Just one hour after her operation, Ms. Lopez was sent home, despite that she was allegedly having trouble breathing. In the words of her family’s lawyer, Kenneth Wills, she was “whisked out the door.”

Supposedly, Ms. Lopez was not only having breathing problems, she was also experiencing dizziness, fever, concentration and difficulty moving, following the surgery performed by Dr. Matthew Galumbeck.  The next day, her sister reportedly called a nurse out of concern over Ms. Lopez’s symptoms, but according to Mr. Wills, no one followed up.  That evening, Ms. Lopez’s daughter found her mother in bed, unresponsive.

Based on the autopsy, she died of aspiration pneumonia, which was the result of the contents of her stomach traveling into her esophagus and down her trachea into her lungs.

What did Dr. Galumbeck have to say about the situation?  He testified that his patient, Ms. Lopez, did not have any complications during the operation.  The doctor said that he reviewed her medical records before she left the recovery room and did not notice any warning signs of distress.

Dr. Galumbeck’s attorney argued that his client did not violate the standards of care.  Mr. Wills put it differently – “what matters in this case is this lady had plastic surgery, she was ignored and she died.”

UPDATE 10/5/2010:

Following the jury’s decision, the defendant’s attorney filed a motion to set aside the verdict.  However, on Friday, October 1st, Circuit Court Judge Edward W. Hanson Jr.  denied the motion and upheld the jury verdict.

Mr. Wills was quoted as saying, “I think that the decision was correct. She left four children. Three of them are very young and will have many, many years without their mother.”

The local hometown paper in Fredericksburg has picked up on the story and here’s a link to it.

When it comes to medical malpractice cases, the burden is on the plaintiff to prove that the medical provider violated the standard of care and that this negligence was a proximate cause of the plaintiff’s injury.  In the Howell v. Sobhan case, the judge threw out the claim because the plaintiff wasn’t able to show that the defendant’s actions were the proximate cause of injury.  A judge has the authority to throw out a medical malpractice case if he or she finds that a reasonable person could not interpret the evidence in favor of the plaintiff.

The Circuit Court ended up ruling that the judge’s actions were improper and the proximate cause was not completely apparent.  Basically, the ruling means that a reasonable person could reach a different conclusion regarding the proximate cause of injury.  The question of proximate cause will therefore be left up to the jury in a new trial.

It is very difficult to estimate the actual cost of defensive medicine, because there are very few doctors who would admit to doing it.  Determining that this practice even exists is challenging.  If doctors report that they participate in defensive medicine, they are basically admitting that they practice outside the realm of the standard of care.  This admission sounds like the very definition of medical malpractice, which is defined as deviating from the acceptable standard of care.

Also, if doctors admit to practicing defensive medicine, it means that they are committing insurance fraud.  Insurance companies are only obligated to pay claims that are reasonable and necessary to treat an illness or injury.

One of the best ways to determine if defensive medicine exists is to review patients’ medical records.  However, this type of review is never done.  A doctor isn’t going to admit to conducting defensive medicine and then say, “Here are the records to prove it.”

Medical providers are supposed to assess patients, taking into account the available information, and recommend treatment.  Based on the standard of care concept, a doctor is required to fully explain the risks and benefits of a recommended course of treatment.  However, the patient is the one who makes the final decision as to which treatment option will be pursued.

The law requires that a doctor practice in accordance with the standard of care.  If a doctor deviates from this standard of care, then he or she may be considered to be negligent.  Doctors can be held accountable if their negligent actions cause their patients harm.

Medical negligence cases are some of the most difficult types of claims, which is why you should work with a Virginia medical malpractice attorney who has extensive experience.

For more information about medical malpractice cases, order Ben Glass’s popular book, Why Most Victims of Medical Malpractice Never Recover a Dime.