Beruflich Dokumente
Kultur Dokumente
JANUARY 2016
A record in
Augusta Co.
Med-mal verdict of $1.75M
returned in conservative area
By Peter Vieth
A pastor who claimed negligent
knee surgery forced the amputation of her right leg won a $1.75
million verdict against her doctor in
a community known for conservative juries.
The Dec. 15 verdict appeared to tie
the largest ever tort verdict in Augusta
County.
The jury returned the award for
74-year-old Mae Reeder, a once-active
minister who now is largely confined to a
wheelchair, according to her attorney.
The insurance company for the doctor
and his practice group offered $500,000
before trial, but pulled back the offer the
day before trial, according to Reeders lawyer, R. Lee Livingston of Charlottesville.
Reeders last demand before court was
$850,000, Livingston said.
The insurers decision-makers did not
believe an Augusta County jury would
favor the plaintiff s claim against a wellknown local physician, Livingston said.
Nevertheless, Reeder prevailed and recovered more than her initial demand.
Hospital infection
Christopher and Tammy Susko nonsuited their first wrongful death action in July 2012, filed after the death
of 3-year-old Christopher on Aug. 18,
2010. They refiled the same claim
against neurologists Svinder S. Toor,
INSIDE
Page 3 |Negligence
Patients Rights Notice, repeatedly sexually assaulted Parisi, the suit alleged.
Cash later pleaded guilty to assaulting
Parisi and another patient, in separate
proceedings, and has been sentenced to
prison.
Parisi died two years after suit was
filed, and his brother, as Parisis personal representative, is pursuing the suit
against the hospital.
Too often plaintiffs get deterred by
the apparent strength of the hospital or
provider and dont go back to the basic,
old-fashioned tort principles, Sharman
said. Negligence per se is a classic way
of using a statute to establish a duty of
care, he said. If you show a violation of
that statutory standard, then the only
issue is whether the damages resulted
from a breach of that duty.
Lynchburg Circuit Judge F. Patrick
Yeatts rejected the hospitals argument
that the plaintiff had to sue under the
Virginia Medical Malpractice Act, and
also allowed the plaintiffs claim under
the Virginia Consumer Protection Act to
advance.
The hospital argued that any tort allegedly arising during a healthcare providers service to a patient fell within
the medical malpractice statute, which
affords providers certain privileges and
Patients rights
Agency liability
Michael Duntz
__________________________________
BUSINESS MANAGER
Amanda Passmore, ext. 12162
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OFFICE MANAGER
Denise M. Woods, ext. 14010
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AUDIENCE DEVELOPMENT MANAGER
Tracy Bumba
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Established 2004
Statewide General Circulation
Published Bimonthly
Phone number: 8047830770
1800456LAWS
Table of Contents:
3 Patient protection law supports negligence
claim
mediation
New exceptions
Defense Verdict
Plaintiff, age 52 and mailman with the
US Postal Service for 26 years, fell on
April 30, 2011, fracturing his collarbone
(or clavicle). The defendant orthopedic
surgeon treated the plaintiff, who was a
two-pack-a-day cigarette smoker, conservatively with a sling for three months.
Serial X-rays, however, revealed that the
fracture was not healing.
On July 26, 2013, the defendant performed an open reduction internal fixation surgery on the plaintiff s broken
clavicle. The surgery involved affixing
a metal plate on the top of the clavicle
with multiple screws. Plaintiff claimed
that as the defendant drilled through
the clavicle, he negligently plunged
the drill too deeply beyond the clavicle,
catching the subclavian vein and tearing a 4-5 cm hole in it. Plaintiff flat-lined
on the operating table, but was resusci-
SILVERMAN
Defense Verdict
The decedent, who suffered from atrial
fibrillation was on Coumadin as a result,
was admitted to a skilled nursing and rehabilitation facility in Fairfax following a
hospitalization. Upon her arrival, the defendant physician performed an admitting
evaluation on her, during which he noticed a
large hematoma and bruising covering several areas of her body. Based on this observation, plus decedents age and unsteady gait,
defendant prescribed a conservative dose of
Coumadin, as he was concerned about bleeding. Recognizing that the decedent needed
Coumadin to reduce her risk of stroke, but
also recognizing her risk of bleeding, defendant monitored the decedent and increased
the dose conservatively two days later.
LAMBEETS
[15-T-165]
Demand: $800,000
Offer: None
Verdict or settlement: Defense verdict
Attorneys for defendant: Colleen M. Gentile and
Ian Lambeets, Richmond
Defendants experts: Dennis ONeill, M.D.;
Thomas Butler, M.D.
Plaintiffs experts: David Chesler, M.D.;
Guy Rordorf, M.D.
Insurance carrier: MEDICUS
HAGUE
ADAMS
Demand: $600,000
Offer: None
PERROW
SARRELL
Offer: None
Demand: $1,000,000
McCRAY
GRIGGS
Named as a First-Tier
Best Law Firm
Demand: $1,500,000
Verdict or settlement: Defense verdict
Defendants experts: Dr. Kenneth Larsen, emergency medicine; Dr Melvin McInnis, psychiatry
L. STONEBURNER
B. STONEBURNER
Several calls reporting signs and symptoms consistent with a rectal injury
were placed over the next two weekend
days. A week following the surgery, the
decedent was readmitted for evaluation. He exhibited shortness of breath
with severe hiccups, bilateral leg swelling and a sub-therapeutic INR. An abdominal CT confirmed the large rectal
breach between the anterior rectum
and the proximal ureter. It also showed
multiple foci of air and likely fecal material in the retroperitoneum extending
into the extraperitoneal space, with air
tracking down the abdominal wall along
the inferior vena cava, hepatic vessels
and biliary tree. Bacteria cultured from
the drain indicated that the decedent
was infected with pseudomonas aeruginosa and clostridium difficile. The decedent underwent an extensive sigmoid
loop ostomy and flex sigmoid colostomy
to repair the rectal injury.
Following the repair surgery, the de-
Amount: $1,000,000
ARTZ
WAGHORN
Amount: $1,040,000
ARTZ
WAGHORN
THOMAS
LOVE
plaintiff on a short course of oral antibiotics, the blister resolved. On another occasion, the defendant recognized an area of fibrosis and bogginess on the plaintiffs heel.
The defendant debrided the area and found
a piece of suture from the original surgery
that had broken off. The body had been attempting to spit this piece of suture out as
it would a splinter.
The plaintiff also had an emergency room
admission during her treatment with the
defendant. Plaintiff presented to the emergency room with a fever, accelerated heart
rate and headache. The emergency room
doctors determined that the plaintiff was
likely having a reaction to one of the oral
antibiotics the defendant had placed her on
for the superficial infections. After the antibiotic was changed, the plaintiffs symptoms
resolved. Though the first surgery had been
successful in alleviating the plaintiffs primary complaint of pain in the ball of her foot,
the plaintiffs left foot issues were complex.
The defendant continued to see and treat
the plaintiff for assorted issues with her left
foot. However, about eight months after the
original surgery the plaintiff decided to discontinue treatment with the defendant.
About five months after that, plaintiff went to see another orthopedist for a
second opinion. That orthopedist, who observed no signs or symptoms of infection
in the plaintiffs left foot, referred plain-
Offer: $200,000
Injuries alleged: Unnecessary surgeries and inappropriate response to post-operative infection, leading to
increased pain and loss of function in plaintiffs left foot
Offer: None
SIMOPOULOS
HOOE
Demand: $800,000
Augusta |
CANTOR
BUCKNER
that followed, the plaintiff remained neurologically devastated and did not have
any spontaneous movement or response to
painful stimuli. An EEG was performed and
noted a pattern typically seen following anoxic injury after cardiac arrest, suggestive of
a poor prognosis. Plaintiffs brain imaging
was indicative of a global hypoxic-ischemic
injury. He was taken for a tracheostomy
and PEG tube placement. Plaintiffs experts
were of the opinion that the induction of
anesthesia and intubation sequence did not
meet the standard of care directly resulting
in the plaintiffs permanent injuries.
After more than a month in the hospital,
the plaintiff was discharged to a long-term
care facility where he remains today. Although he has been weaned from the ventilator, the plaintiff remains unable to care
for himself independently, unable to walk
and unable to communicate verbally. He is
currently being cared for by his parents and
five siblings, who all live locally. At the time
of settlement, less than two years after the
date of injury, the plaintiffs incurred medical bills totaled almost $1 million.
[15-T-197]
Amount: $1,950,000
the popliteal artery on the first knee. A vascular surgeon tried to repair the injury, but
the attempt failed, Livingston reported.
The leg was amputated above the knee
four days after the operation.
Testimony suggested Boatwright had
cut the artery while using a saw to cut
through bone.
Despite having a prosthetic leg, Reeder
was largely immobilized after the surgery. With an above-the-knee amputation
on her right leg, she could not properly rehabilitate the replacement left knee and
it froze on her, Livingston said.
After becoming disabled, Reeder occasionally had to call for help from a neighbor when she fell or had difficulty with
personal care, Livingston said.
Her medical bills were $360,731.97
and the cost of her lifetime care ranged
between $534,149.60 and $688,549.40,
according to Livingston.
Conservative jurisdiction
Change in theme
AUGUSTA COURTHOUSE
Nurse |
Nurse expert
settled with the Washington D.C. Regional Counsels Office for the Department of
Veterans Affairs.
[15-T-178]
Amount: $750,000
Stark |
Fair Market Value Exception. Arrangements meeting the Fair Market Value exception, such as those involving the provision of items or services by a hospital to a
physician, would be allowed to renew indefinitely, regardless of the length of the
initial arrangement, if the terms of the
arrangement and compensation do not
change. Previously, only arrangements
shorter than one year were renewable.
Ownership of Publicly Traded Securities
Exception. The exception for ownership of
publicly traded securities was broadened
to include certain electronic stock markets.
Stand in the Shoes. Physicians who
stand in the shoes of their practice are
Mediation |
the only physicians who may be the authorized signatories of a practice to satisfy an exceptions signature requirement.
Physician Ownership in Hospitals:
Rural Provider or Hospital Ownership
Exceptions. The Affordable Care Act requires certain disclosures by a hospital
with physician ownership on its public
website and in public advertising of the
hospital. The Final Rule further defines
these requirements and provides guidance
on what language constitutes sufficient
notice of physician ownership. The Final
Rule also amends the rural provider and
hospital ownership exceptions to include
both non-referring and referring physi-
organization to work through the turbulence and save the board member. The issue may arise between board members or
between a board member and a member
of the leadership team. Either way, this
strain may not allow the board member
to serve to her maximum ability.
A short mediation session may ease
woes and allow the organization to maintain maximum efficiency and production.
It could further save resources by not requiring the organization to solicit to fill
the potential board vacancy with a member that brings the skills, qualifications,
and connections that the departing board
member possesses.
3. Communication is vital. One reason mediation is attractive to hospitals
and senior communities is the fact that
they are realizing that communication is
vital and we all have varying communication styles and techniques. In order for
an organization to have maximum effectiveness, we must learn each others com-
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