Measure to have malpractice lawsuits evaluated by panels introduced

The Kentucky Senate Health and Welfare Committee approved Senate Bill 4 on Wednesday, January 4, which state Senator Ralph Alvarado sponsored. The bill seeks to have lawsuits against doctors or health care practitioners evaluated for merit by panels of medical providers before plaintiffs can file them under Kentucky courts.

After this hearing, Alvarado said, “I know of one Louisville law firm that has filed at least 100 nursing home lawsuits and settled most of them. To take that to court and fight it costs more than to just settle it. But now the legal climate in Kentucky has become so toxic that doctors practice defensive medicine just to protect themselves.”

Under SB 4, a four-member panel of the state Cabinet for Health and Family Services will review written evidence related to the complaint of malpractice. The panel is expected to issue a decision regarding the complaint’s merits within six months of its receipt of the claim.

We at Wilson & McQueen, PLLC do our best to make sure that every client’s specific needs will be met and every concern will be addressed. If you need a personal injury accident lawyer for your accident case in Lexington or another area in Kentucky, call our offices today at (800) 953-2373.

$53M awarded to 12-year-old in birth injury case

A jury in Cook County, Illinois has awarded $53 million in a birth injury case to 12-year-old Isaiah Ewing on Wednesday, June 29 after a four-week trial before Cook County Circuit Judge John Kirby; however, this might not be the conclusion of the case after the University of Chicago Medical Center filed a mistrial motion, claiming that the plaintiff’s attorney, Michigan lawyer Geoffrey Fieger, had made unfounded statements linking Nazi Germany to the medical center.

John Kirkton, editor of the Jury Verdict Reporter, which has been documenting Illinois medical malpractice awards information since 1959, said Wednesday’s award had been the highest reported for a plaintiff in a birth injury case in Cook County.

The case is an offshoot of Ewing’s birth in the hospital in 2004, in which his family claims that had doctors at the hospital decided on immediately performing a cesarean section to give birth to him, he would not have a mental disability and cerebral palsy.

Contact an attorney at Wilson & McQueen, PLLC to discuss your legal actions in cases resulting in birth injury due to medical malpractice. Call (800) 953-2373 today!

Government agency creates Candor to help patients fight medical malpractice

Medical mistakes in the United States cause the deaths of tens of thousands of patients annually, and even more people incur injuries because of said mistakes. Not every case of harm is caused by negligence. Even when a doctor does everything correctly, the patient can end up with an infection or worsened condition. However, when hospitals do make mistakes, they usually never confess to it.

The Agency for Healthcare Research and Quality, an agency within the United States Department of Health and Human Services, has developed a plan to combat this issue. The Communication and Optimal Resolution (Candor) program was tested at 14 hospitals in three healthcare systems. Candor aims to support patients, their families, and clinicians after medical malpractice occurs. The idea is that within an hour, medical practitioners will discuss the issues of the case with families or patients. The plan opens up lines of communication so no party is left confused and hurt.

The attorneys at Wilson & McQueen, PLLC have years of experience litigating personal injury cases in Lexington and other areas in Kentucky. We could help you receive the favorable results that you want in your case. Call our offices at (800) 953-2373 to discuss your legal options.

Joan Rivers’ medical malpractice lawsuit settled

The family of 81-year-old comedian Joan Rivers have officially settled the medical malpractice lawsuit they lodged against Yorkville Endoscopy in Manhattan, their attorneys announced on Thursday, May 12. Rivers died on September 4, 2014, one week after she went in for a routine endoscopy procedure at the surgical center on New York’s Upper West Side.

Yorkville Endoscopy and Joan Rivers’ daughter, Melissa Rivers, said they decided to settle the lawsuit to avoid protracted litigation. Yorkville Endoscopy released a statement, claiming “We remain committed to providing quality, compassionate healthcare services that meet the needs of our patients, their families, and the community.” Rivers hosted the show Fashion Police on cable channel E! Entertainment Television and was known for her bluntness and trailblazing stand-up comedy acts.

The attorneys at Wilson & McQueen, PLLC handle medical malpractice suits such as this one because patient safety should be the primary concern of physicians. If you are interested in holding another individual accountable for their negligence in Lexington or another area of Kentucky, get in touch with a qualified member of our legal team by calling our offices at (800) 953-2373 to discuss your death.

Americans face high rate of misdiagnosis cases

A new study issued by the Institute of Medicine on September 22 showed that most United States citizens will receive at least one wrong or delayed medical diagnosis in their lives, a reality that can often bring about harmful consequences to patients. The report estimated that around 5% of adults who seek outpatient care each year are misdiagnosed. The alarming statistics revealed in the study stress the need for across-the-board changes in the health care industry.

According to IOM committee chairman Dr. John Ball of the American College of Physicians, health care providers such as laboratory workers, doctors, and nurses should seriously consider the significance of patients’ complaints, provide them with the copies of their test results immediately, and present every possible explanation of their symptoms.

Our Lexington attorneys at Wilson & McQueen, PLLC, have the legal understanding and technical experience needed to fight for your rights an pursue your personal injury claim. To discuss you situation with an attorney, call our offices today at (800) 953-2373.

Man allegedly misdiagnosed of HIV planning to sue University of Kentucky Medical Center for medical malpractice

Kentucky resident Bobby Russell claims he had been misdiagnosed by the University of Kentucky Medical Center as positive for human immunodeficiency virus (HIV), and he is planning to sue the hospital and its doctors for medical malpractice.

University of Kentucky (UK) administrative officials maintain their position that Russell had not been misdiagnosed. But Russell said that in 2004 he was told by UK doctors that he was HIV positive. He has now seen test results that say he is negative for HIV.

The judge in charge of the case is still in the process of determining if the case can proceed, and is currently examining all the evidence.

Russell’s attorney, Kevan Morgan, said that what they most hope for is to get their day in court, but if the statute of limitations bars the case from proceeding “then we’ll have to address it there but we hope the case goes forward.”

If you think you’ve gone through medical malpractice, you might have a case in personal injury courts. Entrust your personal injury case with our team of competent lawyers at Wilson & McQueen, PLLC in Lexington by calling our offices at (800) 953-2373 today to get started.