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 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.

What makes matters even worse in a medical negligence case is that the jurors are often misled by the insurance industry. The insurance industry spends millions funding “research” to suggest that there is a prevalent problem with medical malpractice lawsuits.  This research supposedly shows that excessive verdicts are causing malpractice insurance carriers to increase their premiums, which in turn is pushing doctors out of the medical field.

When jurors hear this type of message from the insurance industry, they often award lower verdicts than they would have ten years ago.  That means that many victims of medical negligence receive less from the jury than what is needed to cover their medical expenses.

You can read more about these lawsuits and why so many malpractice victims don’t recover compensation in Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

The plaintiff, Shannon E. Taylor, was awarded $3 million in a Virginia medical malpractice lawsuit. The plaintiff’s attorneys, Barbara S. Williams, Cory R. Ford and Roger T. Creager, should be congratulated for the success with this case.

Dr. Katherine Averill and Winchester Womancare were found liable for Ms. Taylor’s injuries that were sustained during a hysterectomy in July 2007.  The surgery was performed at Winchester Medical Center.  According to the complaint that was filed, Dr. Averill “negligently, grossly negligently and recklessly breached her duty of care to the Plaintiff Taylor” during and after Ms. Taylor’s procedure.

Dr. Averill was accused of using material from the anterior rectal wall instead of peritoneal tissue, to repair the vaginal cuff after Ms. Taylor’s uterus was removed.  As a result, the plaintiff suffered lacerations and other injuries.

The lawsuit also states that before completing the procedure, Dr. Averill didn’t sufficiently determine suture placement.  Supposedly, she also didn’t take appropriate steps to “follow up with, treat and timely remedy Taylor’s condition, status and injuries.”
Fairfax lawyers, Richard L. Nagle and Tracie M. Dorfman, are representing the defendants.  According to Mr. Nagle, they will likely file a motion to set aside the jury’s verdict or reduce the jury award, so that it falls within the statutory limit.

Unfortunately, this lawsuit is another example of a malpractice victim who will be robbed because of Virginia’s statutory cap on medical malpractice damages.  Despite the fact that the jury decided on a number that they believed would be fair for the victim, the law will prohibit her from seeing that full amount.

Malpractice insurance companies have standard defenses they often use, which include the following:

• The injury could not have been prevented, as it was a result of the initial condition.
• The injury was due to the patient not following the doctor’s advice.
• The risk of the particular injury was an accepted one.
• Someone else caused the injury.
• A previous illness or condition led to the injury.

To have a successful claim, you are going to have to prove that there is a clear connection between the defendant’s misconduct and the injury you have sustained.

For more information regarding medical negligence claims, read Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Will Never Recover a Dime.  This book discusses the factors involved in medical malpractice cases and answers many of the commonly asked questions.

If you have been harmed by medical malpractice in Virginia, then you need to familiarize yourself with contributory negligence.  Virginia is one of only a few states in the country that still uses this centuries-old law.  Contributory negligence can be defined as “a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence “contributed” to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.”  This definition basically means that if you were careless in any way, which contributed to your injury, you probably won’t be able to recover damages.

Under contributory negligence, your doctor could be 99 percent responsible for your injury and you might only be 1 percent responsible, but you still won’t be able to recover a dime.  This doctrine hardly seems fair, but it is the law.

For more information regarding Virginia medical malpractice lawsuits and why these cases are so difficult to win, order a copy of Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

Virginia medical malpractice cases often go to trial, unlike civil lawsuits that are typically settled outside of court.  In Virginia, there is a cap on medical malpractice damages, which protects insurance companies.  Insurers are able to calculate the worst case scenario for their losses and they know that if there are multiple defendants included in the lawsuit, they will split the total loss, if they are found guilty.  For insurance companies, going to trial actually reduces their risk.

Don’t underestimate the amount of money that insurance companies are willing to spend to defend cases.  Insurance companies basically have an unlimited budget that gives them the ability to “shop” for expert witnesses.  They will utilize testimonies from experts that can vouch for the care provided by their doctors.

Medical malpractice lawsuits are more challenging than most people realize.  Doctors usually will not say anything negative about another doctor in public.  That means that even if a physician says that the other doctor made a mistake, there is a good chance that he or she will not say it at trial or during a deposition.  Insurers place enormous pressure on doctors who say something negative about another medical professional.  They sometimes find themselves shunned at medical meetings and have trouble obtaining insurance.  There have been cases where professional ethics charges were brought against doctors who testified on behalf of patients.

If you have been injured by medical malpractice, your case will most likely go to trial and will require an extensive amount of hours and expenses.