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Mike Myers

Medical Malpractice Lawsuit Filed Against Carnival Cruise Line

A recently filed lawsuit in the Federal Court in Miami alleges that the medical staff aboard the Carnival Legend, a ship that is part of the Carnival Cruise Line, committed medical malpractice. On September 6, 2006 cruise passenger, Helen Kerr, 73, was reportedly misdiagnosed and mistreated while suffering from a fluid buildup in her lungs.According to the complaint, Ms. Kerr went to the…

Mike Myers

Pharmacist Malpractice on the Rise

With our aging population more and more people are filling prescriptions. That’s one of the reasons that incidents of pharmacy malpractice are on the rise. A recent decision in Florida, in a case involving pharmacy malpractice, is notable:It took just three hours of deliberation for a Florida jury to award $28.5 million to the family of a woman who suffered a suffered a massive cerebral…

Mark McLean

Heart Attacks Often Misdiagnosed

Heart attacks are a leading cause of death in America. Sadly, however, they also could be prevented in many cases. Diet and exercise are the best forms of prevention. But sometimes heart attacks occur because doctors misdiagnose them and their warning signs. Recent articles suggest that misdiagnosis often occurs because health care organizations are focused on the bottom line. When patients…

Mark McLean

Jury Awards $4.5 Million to Family of Misdiagnosed Artist

A Clark County jury last week awarded $4.5 million to the family of late artist Craig Pozzi. According to the jury, Mr. Pozzi’s doctors had misdiagnosed his condition for years. They diagnosed his symptoms as anxiety attacks when in fact the episodes were small seizures occurring as a result of the large brain tumor. Doctors testified during the two-week trial that if Pozzi’s tumor had been…

Mike Myers

Loss of Chance

The doctor fails to diagnose your cancer. The doctor didn’t cause your cancer. But what he caused was for you to lose the chance of getting better. A Washington decision called Herskovitz v. Group Health Cooperative of Puget Sound is the leading case in this area of professional liability. In Herskovitz, plaintiff had visited the defendant’s hospital with complaints of chest pain and…

Mike Myers

The Headline Read: "State Yanks License of Local Dentist"

The headline is dramatic. But part of what makes it dramatic is how unusual it is for there to be any publicity regarding disciplinary action taken against dental or health care providers. In this particular instance the State reported that it took action because Joel Diven committed one of the worst acts of dental malpractice they’ve ever seen–in fact, Dr. Diven almost killed his patient…

Mike Myers

Wrong Site Surgery

A USA Today article reports that the frequency of wrong-site surgery is increasing. The problem is “getting worse” and, because of underreporting, one expert states that: “I can assure you that this is just the tip of the iceberg.” The USA Today points out the obvious when it observes “It is such a catastrophe when this [wrong site surgery] happens.”Wrong site surgeries happen for a variety of…