By Michael V. Baxter, Esq.
Firm Partner
As an attorney who has specialized in handling medical malpractice cases for 25 years, my practice is focused on pursuing justice for those who are victims of catastrophic medical malpractice.
What is catastrophic medical malpractice?
Catastrophic medical malpractice is harm caused by medical errors that results in death or permanent and significant injury to a patient. Examples of the types of permanent and significant injuries that constitute catastrophic medical malpractice include paralysis; loss of limb; loss of vision; brain injury; disfigurement; neurological injury and organ failure.
I have had the privilege of representing victims of medical catastrophic medical malpractice for the past 10 years. Prior to that, I represented hospitals and healthcare providers. I have seen, both as a defense attorney and plaintiff attorney, the impact caused by medical malpractice.
The impact is profound. Lives are forever changed, often with devastating results. I want to share a couple of the stories of the victims of catastrophic medical malpractice that I have represented.
MR was a 38-year-old single mother of a 6-year-old daughter. She had undergone bariatric surgery a couple of years earlier when she started to develop significant abdominal pain. She went to her local hospital where imaging studies showed she had a bowel obstruction. She was discharged after doctors determined the bowel obstruction resolved. MR returned to the hospital a few days later with intractable abdominal pain. A CT scan of the abdomen revealed the bowel obstruction had worsened. She was discharged after doctors concluded the bowel obstruction was better despite the CT scan findings and despite nurses noting MR was complaining of 10 out of 10 abdominal pain and in tears as she left the hospital.
MR returned to the hospital a third time brought to the ER by ambulance. Her abdominal pain was somehow getting worse. A third CT scan showed that her bowel obstruction had reached the point of no return. Yet, nothing was done, and MR languished in the hospital for almost a week before she was finally transferred to another hospital to perform emergency surgery. Unfortunately, after almost a month of suffering, MR perished from her untreated bowel obstruction, leaving behind her beloved daughter to be raised by her grandmother.
After years of fighting for justice for MR, I obtained a $9,000,000 settlement for her daughter, who struggles daily due to the loss of her mother. She does not know her mother was a victim of medical malpractice. Hopefully, she will one day learn how bravely her mother fought to live and how much MR loved her.
RC was a 54-year-old handyman who developed severe pain in his right foot and ankle while carrying some air conditioners outside. His foot and ankle had gotten caught in between some pavers, and he scraped his foot and ankle. He did not think much of it at the time. Over the next several days, his right foot, ankle and lower leg started to swell up and turn red. The pain was so intense that he was unable to walk. Uninsured, and without a primary care physician, RC’s girlfriend convinced him to go to his local emergency room.
RC was initially triaged in the ER by a paramedic, who was the only healthcare practitioner to take a history of what happened. The paramedic noted that RC had been injured while working outside. The paramedic noted that RC’ s right lower extremity was so swollen that he could not obtain a pulse. Additionally, RC’s right lower leg was noted to be red and warm. He had abnormal vitals. RC told the staff that his pain was 10 out of 10, the worst pain he had ever experienced. All of these symptoms are consistent with an infection.
An x-ray of the lower right extremity revealed significant swelling. According to RC and his girlfriend, who was present with him, the ER physician came in and introduced himself and told RC that he had a sprained ankle. The ER physician did not bother to take a history from RC nor did the physician examine his leg. When RC asked the physician if he was going to be okay, the doctor told him he would be fine after going home and resting, icing and elevating his leg for three days. The physician did not order any lab work or blood studies.
RC followed the doctor’s advice and did not leave his bed for 3 days. His leg continued to bother him despite the rest, ice and elevation. RC returned to the ER in agony. He had now had blisters on his leg. Lab work and cultures were now finally done, but it was too late. RC was diagnosed with necrotizing fasciitis, a serious infection. RC ended up having his right leg amputated above the knee because of the delay in diagnosis and treatment. If lab work had been ordered when RC presented to the ER days earlier, his infection would have been known, and his leg would have been saved.
After undergoing a grueling recovery from losing his leg, RC now has a prosthetic leg. He will need new prosthetics over the course of his life. He is unable to do many of the tasks that he previously did as a handyman such as climbing onto roofs. He suffers from phantom pain and gets sores on his stump from the humidity when working outside. RC should have both of his legs. But the failure by the physician to do any basic workup cost RC his right leg.
I filed a lawsuit against the hospital and ER physician on behalf of RC. A confidential settlement was obtained with the hospital. The insurance company for the ER physician and the large corporation that employed him refused to negotiate. Following a multi-week trial, a jury awarded RC more than $3,000,000 for his medical expenses and his pain and suffering.
These are just two of many cases of catastrophic medical malpractice that I have handled. If you or someone you love is a victim of catastrophic medical malpractice, I welcome the opportunity to fight for you and help right the wrong.
