Toll Free: 1 800 752 0042

Practice Areas

Firm News

View all

Library

Surgical Errors, Medical Malpractice

In 1999, the Institute of Medicine released a report which claimed that some 44,000 people die each year because of medical errors. This frightening statistic was more recently doubled by the National Academy of Sciences, who increased that estimate to approximately 98,000 medical malpractice deaths each year. We have handled cases of medical, hospital and dental malpractice for many years, with many substantial verdicts and settlements. Our lawyers practice throughout the Southeastern U.S., while we are based in Virginia.

Virginia seems to be a state that faces more danger than others. In 2004, only 57 doctors faced disciplinary action from the Virginia Medical Board for medical errors. While these numbers might give you the idea that Virginia’s doctors are doing almost error-free work, these numbers are more of a reflection of the low level of monitoring by the Virginia Medical Board. In a 2003 Norfolk Virginian-Pilot article, reporter Liz Szabo illustrated how these low standards and lack of enforcement by the Board have led to doctors still being allowed to practice even after showing repeated signs of incompetence. In fact, lawsuits against bad doctors are probably the best method in Virginia for exposing deficient physicians and hospital care that is inadequate.

With increasingly complex forms of surgical and operative procedures being introduced into the medical field, it is imperative that Virginia’s doctors have the necessary training and skill to perform their duties. It is also necessary to have a regulatory agency that provides strict oversight and demands accountability. Until the Virginia Medical Board raises its standards of enforcement, episodes of medical malpractice in Virginia can be expected to increase.

The real tragedy of this lack of enforcement is that it tarnishes the profession, and makes the jobs of professional and competent doctors that much harder. Through our experience in protecting the rights of victims of medical errors, the Law Firm of Shapiro, Cooper, Lewis and Appleton has consulted with some of the foremost medical experts in Virginia and outside Virginia. We know what is required forensically to prove medical negligence. We know the difference between an unforeseen complication/bad result and an episode of incompetence or sheer negligence, and we will put all of our considerable skill and experience towards protecting the victims of violations of medical standards.

Virginia has one of the most restrictive medical malpractice “caps” on damages. The law provides some inflationary increases in the “cap” in intervals of years. North Carolina does not have a “cap” as of 2006. West Virginia does have special statutes relating to medical malpractice as well. Essentially, each state has its own set of pertinent statutes that must be analyzed.

Given the complexity of medical negligence cases, victims must carefully select lawyers who have a real track record with medical negligence cases, and our firm has just that experience. Please contact us to analyze your potential claim.

Library for Surgical Errors, Medical Malpractice:

Stroke Symptoms & Diagnosis
Description: Stroke misdiagnosis can cause irreversible damage in a victim. The early and swift treatment of stroke can prevent permanent damage in a stroke victim.
When the Doctor Amputates the Wrong Leg
Description: Medical malpractice takes many shapes and forms, but perhaps none is more egregious than the wrong site surgery. Imagine waking up after surgery to discover the doctor amputated the wrong leg.
Sponges, Knives, Needles Left in Surgical Cavity
Description: Sponges and other surgical items are left inside patients every single year following surgery. These medical malpractice mistakes can leave patients with permanent injuries.
Pro-Active Patients Can Prevent These Major Hospital Risks
Description: None of us can control our fate in a hospital. But pro-active patients can help to decrease their risk of these five hospital complications.
Med/Mal Crisis in Maryland? Not Really.
Description: Medical Mutual of Maryland's proposed dividend payment demonstrates the lack of a real insurance crisis in Maryland.
A study from Holland shows that HPV DNA testing can detect cancer sooner than Pap testing alone
Description: HPV DNA testing, when used in conjunction with Pap testing, can greatly improve the chances for early detection of cervical cancer or precancerous cells.
Virginia, South Carolina, West Virginia, Maryland, and North Carolina Hospitals
Description: How hospitals in Virginia, South Carolina, and Maryland hospitals attempt to avoid liability by saying that their physicians are not employees.
The “Rules” Help Medical Malpractice Lawyers Win Complex Lawsuits
Description: As a Plaintiff’s personal injury lawyer practicing in Virginia (VA), North Carolina (NC) and West Virginia (WV), I am always trying to continue my education in the best ways to win compensation for my clients who are hurt by mistakes made by doctors and hospitals.
Many hospitals fail to properly disinfect rooms in between patients, leading to greater risk of infection.
Description: Many hospitals fail to properly disinfect their equipment and patient rooms in between patients. This failure leads to increased patient infection and treatment resistant strains of disease.
Attack on Lawyer Ads Flawed
Description: Eli Lilly's attack on lawyer advertising is flawed.
10% of patients hurt by hospital errors
Description: One of every 10 patients admitted to a hospital suffers a preventable harm. This rate of medical malpractice is shockingly high.
Hospitals Charge the Uninsured More
Description: Read about how hospitals charge uninsured patients much more than they charge insurance companies.
New book helps doctors and patients avoid medical malpractice.
Description: A fascinating book just came out in 2007 written by a Dr. Jerome Groopman called How Doctors Think. The purpose of this book is to show doctors and especially patients how physicians are taught to diagnose medical conditions and how they actually do it in practice.
The Medical Malpractice "Crisis" Revisited
Description: Are malpractice lawsuits hurting the medical establishment? According to the Department of Justice, the answer is no.
Shoulder Dystocia OftenCauses Permanent Brachial Plexus Injuries
Description: One the more serious injuries that can occur in child birth is an injury to an infant’s brachial plexus (series of nerves running from the neck down the arms).
Why Medical Negligence Cases Are Specialized and Unique.
Description: Medical malpractice lawsuits are attacked by doctors and major insurance companies, but the laws that permit these suits are critical to assuring that the delivery of medical care in the U.S. is improved.
Medical Malpractice (Supposed) Crisis Officially Over
Description: Medical Malpractice (Supposed) Crisis Officially Over

Frequent Questions for Surgical Errors, Medical Malpractice:

Is there a way to check out my doctor or surgeon before choosing one?

Case Results for Surgical Errors, Medical Malpractice:

Gallbladder Surgery Error - $425,000
Medical Negligence - Confidential Sum
Pharmacy-Prescription Error - The case was settled for $200,000.00 at the mediation.
Gastric Bypass (stomach stapling) Surgery complications - $550,000.00 settlement during mediation.
Retained Surgical Sponge and Subsequent Complications - $425,000.00 Settlement
Failed Back Surgery - The case was settled before the trial for 1.25 million dollars.
Failure to Diagnose - Case was tried to a jury in Suffolk Circuit Court who returned a $700,000.00 verdict against the emergency room physician.

Web Resources for Surgical Errors, Medical Malpractice:

Wrong Diagnosis
Description: Our disease and symptom research center contains information on over 3,000 different medical conditions with more being added all the time. If you are a regular visitor to this site we hope you like the improvements we are making to help you find your way around. You can also have your say by sending us feedback about the site.
Doc Finder
Description: Useful for obtaining information on doctors.
ACOG (American College of Obstetrics and Gynecology)
Description: ACOG is a nonprofit organization of women's health care physicians advocating highest standards of practice.
Cine-Med
Description: Video library
Physician's Desk Reference
Description: Online PDR-subscription fee
American Heart Association
Description: Learn more about the American Heart Association's efforts to reduce death caused by cardiovascular disease.
Gray's Anatomy
Description: Features 1247 vibrant engravings, many in color, from the classic 1918 publication from Bartleby.com.
American Family Physician (the official publication of the American Academy of Family Physicians)
Description: A peer reviewed journal of the American Academy of Family Physicians.
Cochrane Collaboration
Description: A usefule website devoted to evidence based medicine.
Emedicine
Description: A library of medical literature.
Medical Abbreviations
Description: Search by abbreviation or definition
National Library of Medicine
Description: The worlds largest medical library located on the campus of NIH Bethesda, Maryland.
National Guideline Clearinghouse (a clearinghouse for medical guidelines)
Description: A public resource for evidence-based clinical practice guidelines.
Wheeless Textbook of Orthopedics
Description: Online orthopedic textbook sponsored by Duke University
American Board of Medical Specialties
Description: Useful for locating physician and checking board certification.
Virginia Beach Board of Medicine
Description: Practitioner information.
Medical Error
Description: Articles
Ben Glass Law
Description: If you have been hurt by someone else's negligence you may not need a lawyer but you should arm yourself with good, quality information before calling a personal injury attorney or dealing with the insurance company yourself.

Quick Contact

Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455

Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428

Directions