Portland Personal Injury Lawyer - Medical Malpractice

Numb Tongue From Wisdom Tooth Removal

Staff Writer — Mon, 16 Apr 2007 15:56:54 GMT

Most people have their wisdom teeth removed -- the 3rd molars. If the teeth are removed wrong a patient can leave the oral surgery or dental office with a permanently numb tongue. The lingual nerve provides sensation, including taste, to the tongue.

If your tongue is still numb the day after your wisdom teeth have been removed, you should report the problem to the dentist or oral surgeon who removed your wisdom teeth and consider getting a second opinion from a facility that evaluates lingual nerve damage (OHSU and UW have the oral surgery departments). Make sure you have this evaluation right away if you are going to consider lingual nerve repair. Many oral surgeons who do the repairs believe there is better success on the repair surgeries with patients they see sooner and that it is ideal to repair the nerves within six months of injury.

Beware, some patients who have an injured lingual nerve are told that it was part of the consent form the patient signed or was a risk of the procedure -- that is irrelevant. The only issue is whether the wisdom tooth removal was performed properly or not.

Originally posted at InjuryBoard by Staff Writer

New Book Reveals Where Doctors Go Wrong

Staff Writer — Mon, 19 Mar 2007 17:00:26 GMT

An article in Time magazine discusses a doctor's new book on why doctors make medical mistakes. The research found that 80% of medical mistakes are due to thinking errors on the part of the doctors and 20% are due to technical errors.

The book is "How Doctors Think" and is a good read for anyone trying to get the best possible care and help protect him/herself from medical errors.

Originally posted at InjuryBoard by Staff Writer

Medical Malpractice Suit Declared Mistrial

Christina Cole — Sat, 24 Feb 2007 22:03:22 GMT

A medical malpractice lawsuit brought by Notre Dame Coach Charlie Weis has been declared a mistrial after two defendant doctors helped a juror who had collapsed during testimony.

The unidentified gentleman began to moan before he collapsed during testimony by an expert defense witness.

Weis' attorney moved for mistrial after the juror was removed from the courtroom to be taken to the hospital.

Weis -- the former offensive coordinator of the Patriots -- claimed in his lawsuit that the doctors failed to recognize life-threatening complications after gastric bypass surgery in 2002.
The case had been expected to go to the jury later this week.

Originally posted at InjuryBoard by Christina Cole

Oregon Malpractice Payouts Decline

Christina Cole — Tue, 06 Feb 2007 23:49:07 GMT

For many years, physicians groups in Oregon and nationally have railed about a malpractice crisis said to be the cause of driving up costs and forcing doctors to close shop.

But a study published on Wednesday suggests malpractice damage awards have declined considerably in recent years.

Consumer advocacy group Public Citizen mined the federal government's National Practitioner Data Bank to track malpractice payments made on behalf of doctors from 1990 to 2005. Findings show:

The average payment for a medical malpractice verdict, adjusted for inflation, dropped 8 percent.
The total number of malpractice judgments and settlements declined 15.4 percent.
The number of payments per 100,000 people declined more than 10 percent.

Public Citizen stands by trial lawyers in opposing efforts by medical groups to limit damages and awards. The Washington, D.C. group asserts that lawmakers should focus on reducing medical errors while tightening doctor discipline and oversight.

The Oregon Medical Association, counters that the high cost of malpractice insurance is hampering Oregon's effort to recruit physicians where they are most needed and that doctors continue cutting back on offering high-risk medical care to minimize legal exposure.

Doctors in the health care industry have spent over $5.2 million in 2004 trying to limit medical malpractice awards with ballot measures but voters reject it.

For now, the Oregon Medical Association has given up getting a state cap on damages but the group is promoting several other ways to limit doctor malpractice costs.

Originally posted at InjuryBoard by Christina Cole

Paxil and Risk of Birth Defect

Christina Cole — Tue, 23 Jan 2007 18:09:27 GMT

The Food and Drug Administration (FDA) has concluded that exposure to paroxetine during pregnancy can increase the risk for congenital malformations, in particular, cardiac malformations. Per the FDA's request, the manufacturer has changed paroxetine's pregnancy category from C to D and now added new data and recommendations to the Warning section of paraxetine's prescribing information.

Paroxetine is available as Paxil, Paxil CR, Pexeva and generic paroxetine hydrochloride. The FDA's conclusion in paroxetine prescribing information is based on preliminary analyses of two recent unpublished studies.

â€¢ In a study using Swedish national registry data, women who received paroxetine in early pregnancy had an approximately 2-fold increased risk for having an infant with a cardiac defect compared to the entire national registry population (the risk of a cardiac defect was about 2% in paroxetine-exposed infants vs. 1% among all registry infants).
â€¢ In a separate study using a United States insurance claims database, infants of women who received paroxetine in the first trimester had a 1.5-fold increased risk for cardiac malformations and a 1.8-fold increased risk for congenital malformations overall compared to infants of women who received other antidepressants in the first trimester. The risk of a cardiac defect was about 1.5% in paroxetine-exposed infants vs. 1% among infants exposed to other antidepressants.
â€¢ Most of the cardiac defects observed in these studies were atrial or ventricular septal defects, conditions in which the wall between the right and left sides of the heart is not completely developed. In general, septal defects are one of the most common type of congenital malformations. They range from those that are symptomatic and may require surgery to those that are asymptomatic and may resolve on their own. It is of note that the data in these studies was limited to first trimester exposures only, and there are not currently data to address whether this or any other risk extends to later periods of pregnancy.

The FDA is waiting on final results of recent studies acquiring additional data related to the use of paroxetine in pregnancy in order to better characterize the risk for congenital malformations in association with paroxetine. In the meantime, the FDA is recommending the following suggestions:

Physicians who are caring for women receiving paroxetine should alert them to the potential risk to the fetus if they plan to become pregnant or are currently in their first trimester of pregnancy. Discontinuing paroxetine therapy should be considered for these patients. In individual cases, the benefits of continuing paroxetine may outweigh the potential risk to the fetus. If the decision is made to discontinue paroxetine and switch to another antidepressant or cease antidepressant therapy, paroxetine discontinuation should be undertaken only as directed in the prescribing information. Paroxetine should generally not be initiated in women who are in their first trimester of pregnancy or in women who plan to become pregnant in the near future.

Women that are pregnant, or planning to become pregnant and currently taking proxetine should meet with their doctor to discuss whether they should continue taking it. However, women should not stop using the drug without first discussing it with their doctor.

Originally posted at InjuryBoard by Christina Cole

Girl, 5, Wins Pre-Birth Injury Case

Christina Cole — Mon, 15 Jan 2007 12:37:48 GMT

Blind five-year-old Brooklynn Rewega is the first person in Canada to win an insurance settlement against her Mother for birth injuries.

Brooklynn, who has cerebral palsy, was able to sue her Mother for the settlement after her parents persuaded the Alberta government to pass special legislation. Lisa and Doug Rewega, lobbied for the legislation so they would have the needed money to pay for the special care that Brooklynn will require throughout her life.

On December 31, 2000 Lisa was pregnant and driving to church when she roller her car and was thrown through the windshield. Brooklynn was born four months later after suffering lifelong diabilities.

The settlement agreement, with the Personal Insurance Co. of Canada, was not disclosed.

Alberta's legislation limits lawsuits to the amount of a mother's personal liability insurance coverage. Lisa Rewega was considered to be at fault for the crash. The family was unable to sue her and Personal Insurance because of a 1999 Supreme Court of Canada decision that prevents children from making claims against their mothers for events that happen before birth.
The ruling left an opening for legislation to let a child sue a mother in cases only where the child is injured as a fetus in a car accident -- not, for example, where the mother is an addict.Alberta agreed to two pieces of legislation -- one applying specifically to Brooklynn's case, retroactive to the accident, and a broader act for other children but not retroactive.

Originally posted at InjuryBoard by Christina Cole

Oregon Injury Settlements and Birth Injuries

Brad Brad — Wed, 01 Nov 2006 19:30:51 GMT

There are times when you may need the help of a dedicated lawyer. Birth injuries and the possibility of Oregon injury settlements are one of those times.

Oregon injury settlements are often made in the case of birth injuries but you will need experienced legal counsel. It is also important that the lawyer specializes in personal injury law and has handled many birth injury cases.

There are many types of birth injuries that are not very serious and will heal within in a few weeks. Sometimes there are marks left by the forceps or there may be bruising or swelling. When these injuries occur they are usually not cause for a legal claim.

Other times, more serious birth injuries take place and Oregon injury settlements may be a possibility. When nerves are torn and the damage is permanent you may need the services of an attorney.

Sometimes the facial nerves are bruised and the condition will improve over time. Unfortunately the facial nerves are sometimes permanently damaged resulting in facial paralysis. Surgery may be necessary. Oregon injury settlements may cover these expenses.

If the nerves around the shoulder are stretched during birth the result may be a brachial plexus injury. At times the infant will completely recover within six months but if not, surgery will be required to try to repair the nerve damage. The outlook is not good when this happens and may result in an injury settlement.

Cerebral palsy is another condition caused by trauma to the brain during birth. The condition does not worsen but it causes a chronic disorder. Oregon injury settlements have been awarded to those affected by this disorder.

Check with a personal injury lawyer to find out if you could be compensated by Oregon injury settlements.

Originally posted at InjuryBoard by Brad Brad

Judge Rules Medical Malpractice Settlement Cannot Be Sealed

Staff Writer — Thu, 14 Sep 2006 13:04:04 GMT

Many are praising a judge's recent refusal to seal a medical malpractice settlement and are encouraging others to take the same stance. The judge's decision in the case went against the common practice within the legal community of allowing medical malpractice settlements of lawsuits to be filed confidentially.
Defendants often request medical malpractice settlements be confidential and try to make settlement contingent on a confidentiality provision.

Paul Lyon, spokesman for the Committee for Justice for All, stated "in medical cases, the practice puts the public at risk by shielding sub-par physicians from public disclosure of their mistakes."

Originally posted at InjuryBoard by Staff Writer

Oregon Jury Returns $1.4 Million Dollar Medical Malpractice Verdict

Staff Writer — Thu, 07 Sep 2006 22:01:09 GMT

A Portland, Oregon jury returned a $1.4 million dollar verdict in a medical malpractice case today against Oregon Health Sciences University.

The medical malpractice case is significant because it is the first verdict in Oregon since the Oregon Court of Appeals ruled that individual doctors at OHSU can be sued beyond the tort claims cap of $100,000 non-economic damages and $100,000 economic damages.

Originally posted at InjuryBoard by Staff Writer

New Trial Denied in Lingual Nerve Injury Verdict

Staff Writer — Thu, 24 Aug 2006 14:47:55 GMT

In June, Jane Paulson won a $600,000 verdict for injury to our client's lingual nerve from a wisdom tooth extraction. The defense filed a motion for new trial which was heard and rejected yesterday by the court. The defense now plans to appeal the lingual nerve injury verdict.

The lingual nerve is on the tongue side of your teeth and can be permanently damaged if a dentist errs, most often by overpenetrating with the drill, in removing a patient's wisdom teeth. Many patients are led to believe that lingual nerve injury from wisdom tooth extraction is simply a "risk of the procedure" -- our firm disagrees and has successfully tried four lingual nerve injury cases to verdict in Oregon.

Originally posted at InjuryBoard by Staff Writer