Medical Malpratice Cases
Telephone: (225) 336-4300
e-mail: info@shoenfeltlaw.com
2. Surgery
4. Delayed Diagnosis - Loss of chance
5. Radiology
6. Medicine
Mr. Shoenfelt has handled medical negligence cases for over 28 years. He is one of the few attorneys representing injured persons in medical malpractice cases who also has experience representing both physicians and hospitals. He worked as a medical malpractice defense attorney for six years before beginning his personal injury practice in 1985. He has participated in medical malpractice and personal injury trials in every major city in Louisiana including Shreveport, Monroe, Lake Charles, Baton Rouge, Lafayette, Alexandria and New Orleans. He has also tried malpractice cases in several smaller towns including Rayville, LA, Jena, LA, and Columbia LA. He currently has medical malpractice cases pending in all parts of the state of Louisiana. The following describes some of his most recent cases. (Note: Louisiana has a $500,000 limitation on general and special damages except medical expenses.)
Case # 1 - Settlement $791,000
Despite dangerous findings on the fetal heart monitor, a physician waited approximately 2.5 hours before delivering a baby. As a result of oxygen deprivation during the delivery process, the baby suffered severe brain damage and died one year later. The case was settled for the maximum allowed under the Louisiana Medical Malpractice Act.
The settlement was $791,000, including $280,000 on medical expenses.
Case # 2 - Settlement $978,838 plus future medical expenses
A newborn female suffered cerebral palsy, brain damage, and respiratory problems when the defendant doctors at the defendant hospital failed to perform a cesarean section in a timely manner. Fetal monitor tracings showed late decelerations. A fetal scalp electrode showed short-term variability. Loss of variability and repetitive late decelerations continued without intervention. The newborn required vigorous resuscitation, intubation and transportation to the neonatal unit.
The parties settled for $978,838 plus future medical expenses pursuant to the Louisiana Medical Malpractice Act.
Case #3 - Settlement $455,000
Plaintiff's twins born prematurely, both had bilateral hernias. One twin underwent an operation for his hernias and was released. The other twin had respiratory difficulty but was doing well enough to be discharged when defendant physician, a pediatric surgeon, performed a bilateral hernia repair. The child was about four months old. Four days after the surgery, the baby began developing problems, including clay-colored stools. The next day, the baby suddenly developed severe respiratory distress. During emergency surgery, the baby's bowel was found twisted and necrotic. The baby died shortly after surgery. Defendant contended that the reference to the stitch identified in the pathology report had been inadvertently placed. Plaintiffs maintained that the pediatric surgeon had either unintentionally stitched the bowel or twisted the bowel, causing it to become affixed.
Defendant pediatric surgeon settled for $80,000 and Patient Compensation Fund paid $375,000 for a total settlement of $455,000.
Case # 1 - Settlement $775,000
A surgeon recommended surgery for a complete rectal block, which was held to be infeasible by a Medical Review Panel. The patient had mesh in his abdomen and did not have enough colon for the procedure. A gastrograffin enema formed on January 14, 1994, showed that the surgery was not necessary. The patient testified that he was told that he needed to have the surgery, or he would die of the blockage. The surgery was a disaster and the patient was hospitalized for three months. During that time, he was required to undergo a laparotomy, drainage of intra-abdominal perforation; small bowel resection, anastomosis, and a right internal jugular triple lumen central nervous catheter was inserted. The settlement was for a total of $775,000, including $374,751 in medical expenses.
Case # 2 - Settlement $290,000
Suit was brought against the manufacturer of a catheter, a general surgeon, an anesthetist, and a hospital, by the husband and daughter of a deceased patient. The patient came under the care of defendant general surgeon on referral with diagnosis of cholecystitis. A portion of the patient’s bowel had previously been removed, but the patient still led an active life. Defendant general surgeon admitted patient to local hospital for removal of the patient’s gallbladder. During the surgical procedure, the defendant surgeon instead severed and removed the patient’s common duct. Due to the severing of the common duct, the patient began to experience additional problems. As a result, the patient was hospitalized two weeks later for a total parenteral nutrition plan. The patient underwent a second surgical procedure by the same general surgeon to implant a Hickman catheter for nutritional support. During this procedure the surgeon punctured the innominate vein of the patient causing the patient to bleed to death on the operating room table. Anesthetist was called in by the surgeon after the puncture for assistance. During the surgical procedure, the surgeon was also assisted by nursing personnel and/or x-ray personnel of defendant hospital. The settlement with both doctors and the hospital was for $290,000 prior to trial.
Case # 3 - Settlement $879,513.93 plus medical expenses
Patient who was 63, was admitted to a Monroe hospital with heart problems. He received an automatic internal cardiac defibrillator 20 days later. During the procedure, patient suffered irreversible brain damage as a result of the negligence of the defendant anesthesiologist, who was administering anesthesia to him.
Prior to the procedure, patient's neurological function was normal for a man of his age. Following the surgical procedure, patient suffered diminished neurological capacity and required full-time nursing care at a nursing home.
Total judgment for plaintiff and his family was $879,513.93 plus future medical expenses. Defendant anesthesiologist tendered his limits of $100,000 and defendants did not contest liability at the time of trial because the $100,000 had been paid. Issues at trial were the amount of the medical expenses.
The judgment included $400,000 for the remaining liability under the med mal cap and $479,513.93 in past medical expenses.
Case # 4 - Settlement $1,030,000
Defendant doctor, a back surgeon, performed an endoscopic procedure on plaintiff's back. The surgery involved diskectomies and fusing of the L3-L4, L4-L5 vertebrae using bone grafts from the femur.
The surgeon had a great deal of difficulty during the procedure and his operative report states that the graft cracked several times while placing it in the L4-L5 space. One-third of the graft was fractured when it was finally inserted; however, it was left in place to support plaintiff's back. Plaintiff awoke experiencing excruciating pain and numbness down her left leg to her foot.
Plaintiff's pain and numbness continued throughout her hospital stay and her discharge summary showed weakness in her left leg. Plaintiff's symptoms continued throughout two post-surgery visits. About 3 2 months after surgery, myelogram ordered by defendant doctor showed a bone fragment from the graft in the L4-L5 space. A few weeks later, defendant doctor did a corrective procedure to remove the bone fragment.
Plaintiff, a 57 year old woman, continued to have residual pain and numbness down her left leg and could not return to work. The symptoms are permanent and will not resolved.
Plaintiff filed a complaint against the back surgeon. A medical review panel reviewed the case and the panel's unanimous opinion was that the defendant breached the standard of care.
Case settled for $1,030,000, including a $150,000 workers' compensation lien, which was waived. Defendant doctor paid $100,000 and LPCF paid $780,000.
Case #5 - Settlement $200,000
Patient's MRI showed a large central and right perimedium dis herniation at T5-T6. Neurosurgeon was to perform at T5-T6 transvendicular approach microdiscetomy under direct microscopic visualization. During the procedure the physician experienced problems locating the proper level of performance of the operation and removed portions of the thoracic spine other than T5-T6. Subsequent to the operation, patient continued to experience the problems she was having in her neck and thoracic area. She sought other medical treatment. During the second surgery, the second neurosurgeon discovered a large calcified mass extending to the spinal cord that was the original disc problem. After several surgeries, patient was symptom free.
Medical review panel ruled in plaintiff's favor and the case settled for $200,000.
Case #6 - Settlement $350,000
Patient, a 23 year-old female who had suffered a brain hemorrhage, entered the emergency department of the veteran's hospital in Shreveport with altered mental status. A CT scan revealed a left frontoparietal bleed with a midline shift. Patient was transferred to Louisiana State University Health Science Center on a Saturday, where test findings were consistent with a hemorrage with areas of re-bleed. Emergency surgery, although indicated, was scheduled for Monday. Patient's neurological status began to deteriorate. She became increasingly lethargic, was unable to open her eyes and follow commands. Patient's pupils became non-reactive about 18 hours before the onset of respiratory arrest, but no intervention was offered. On Sunday patient experienced respiratory arrest and underwent emergency surgery, which showed marked cerebral edema and findings consistent with re-bleed. A CT scan found an uncal herniation with bilateral left occipital and parietal lobe infarcts. Patient died about a day later. Plaintiff's alleged timely and appropriate surgical intervention would have prevented patient's death.
The medical malpractice claim against the state of Louisiana was settled at mediation for $350,000.
Case # 1 - Settlement $500,000
A patient was admitted to the Emergency Room at 7:15 a.m. complaining of chest pains and pain down both arms for the previous hour and a half. The ER doctor suspected a heart attack an performed and EKG on the patient. The EKG and blood work of the patient were negative for heart attack and the patient was discharged with continued chest pains. At home, the patient collapsed and was returned to the Emergency Room by ambulance. He arrived at the ER at 7:14 p.m. dead of a heart attack.
The settlement was reached with the emergency room physician and the Patients' Compensation Fund for the maximum of $ 500,000.
Case # 2 - Settlement $515,000
Decedent, a 21 year-old man, presented at an emergency room complaining of chest pain, back pain, body aches and respiratory pain mainly on the left side. The radiologist read an x-ray ordered by the ER physician as being consistent with pneumonia. Patient actually had an extragonadal germ-cell tumor, which was not correctly diagnosed until six month later when the tumor had encompassed the entire lung. Because of the delayed diagnosis, the patient underwent more extensive treatment than would have been necessary with an earlier diagnosis. He ultimately died.
The case settled in the medical review panel stage for $515,000.
Case #3 - Settlement $300,000
Treating physician found a lump in patient's left breast in April 2000 during an examination. Treating physician ordered an ultrasound, which was done in the same health care facility on the same day. Another physician read the ultrasound and interpreted it as a 1.5-centimeter benign cyst. However, it was actually a complex cyst that indicated cancer. Treating physician saw the patient about a month later and again noted the lump in patient's left breast. However, he ordered no other treatment at that time because of the previous diagnosis based on the incorrect reading of the ultrasound. Plaintiff return to the clinic in September 2000 with a much larger lump in her breast. An ultrasound indicated a 7-centimeter by 6-centimeter cancerous lesion in the left breast. Diagnosis indicated that the cancer originated in the area in which the first lump was discovered. Patient died of cancer in May 2001, leaving a 7 year-old daughter as plaintiff.
Medical review panel found that the physician who read the original ultrasound breached the standard of care. He paid $100,000 and the PCF paid $200,000 just days before trial for a total settlement of $300,000.
Delayed Diagnosis - Loss of chance
Case # 1 - Judgment $125,000
This case determined the law for “loss of chance” in the State of Louisiana. In August of 1987, Benjamin Smith went to E.A. Conway Memorial Hospital, which is a state run hospital. At that time, a chest x-ray was taken. The chest x-ray was interpreted by a radiologist and read as “lymphoma must be considered the differential diagnosis”. A CT scan of the thoracic area was recommended. However, the hospital staff failed to inform Mr. Smith that he had an abnormal x-ray. Fifteen months later, Mr. Smith returned to Conway complaining of chest pains, fever, and chills. A second chest x-ray, taken October 31, 1988 revealed that the mass found in August of 1987 had doubled in size. Further testing confirmed the diagnosis of small cell carcinoma of the lungs, a fast acting lethal cancer. Even with aggressive drug treatment and chemotherapy, Mr. Smith died on March 16, 1989, 19 months after the initial x-ray. He was 45 at the time of his death. The State admitted liability, but they contended that the plaintiff was due no damages since his chance of survival, even if the mass had been diagnosed earlier, was less than 50%. The trial court held that because Mr. Smith lived the average life span of a patient with small cell carcinoma, he had suffered no damages. On appeal, the Court awarded damages of $764,327 to Mrs. Smith and the two children who were plaintiffs at the time. However, the Court of Appeal reduced the award to 10% of its value. The 10% was the percent of a chance that was lost according to expert trial testimony. The Louisiana Supreme Court granted writs and reversed the Court of Appeal holding that a mathematical formula was not the correct method for determining damages in a case where a patient loses less that a 50% chance of survival. The Louisiana Supreme Court held that damages in a loss of chance case where the patient has less than a 50% chance of survival were different from a wrongful death case. The Supreme Court stated the evidence for a wrongful death case should be submitted along with the evidence as to the loss of chance to the trier of fact. The trier of fact, base on the evidence presented, should award damages for the loss of a chance just as is done for an item of general damages. The Louisiana Supreme Court also held that the patient was entitled to damages for his emotional loss and trauma upon learning that he suffered a chance of survival. The Supreme Court remanded the case to the trial court for further evidence. When remanded to the trial court, two additional children were added as plaintiffs prior to taking of additional evidence. After hearing additional evidence, the trial court awarded $125,000 in general damages.
Case # 2 - Settlement $540,000
The patient was a 60 year old obese male who was admitted to the emergency room on or about 3:42 a.m. on October 3, 1994. He had been awakened during the night with chest pains. At the time of his admission, the patient was complaining of a dull ache on the right side of his chest and a tingling in his right arm for one hour. Blood pressure on admission was at 175/122. At 4:15 a.m. notes indicate the patient felt the same. At 6:00 a.m., he was discharged to go home. The patient had been awakened during the night with the dull ache. The patient went to work that day and was found dead in his office at approximately 2:00 p.m. In the emergency room, the patient had been diagnosed with atypical chest pains and right arm pains. An EKG was run as well as blood work; however, the patient was not held for observation. The patient was given Procardia in the ER. A medical review panel held 2 to 1 that the Emergency room physician had breached the standard of care prematurely discharging the patient. Patient was survived by a wife and 5 children. The total settlement was for $540,000.
Case # 3 - Jury Verdict 1,092,517.21
A fifty-nine year old wife and mother involved in an automobile accident was taken to the emergency room at Richardson Medical Center in Richland Parish, Louisiana. The patient had four fractures of the pelvis. While at the emergency room, for approximately two hours, the patient was not resuscitated properly and was then sent to St. Francis Medical Center in Monroe, Louisiana. Despite efforts by physicians at St. Francis Medical Center, they were unable to save the patient and she died. The patient had been married for twenty-five years and had a happy marriage. The emergency room physician at Richardson Medical Center settled for $95,000.00. Subsequently, the Louisiana Patient's Compensation Fund stipulated to liability. However, the case could not be settled and there was a two-day jury trial in Rayville, Louisiana on damages. On March 15, 2001, the jury returned a verdict totaling $1,092,517.21, divided as follows:
Husband $750,000.00
Loss of services $ 85,000.00
Funeral Expenses $ 7,517.21
Son $250,000.00
The verdict was reduced by the trial court to $400,000.00 plus interest in the amount of $62,231.41 due to the cap on damages pursuant to LSA-R.S. 40:1299.41 et. seq. The Fund paid the judgment.
Case # 1 - Settlement $495,000
The plaintiff’s decedent, age fifty, was treated at the first hospital for three days in December 1992. The woman was admitted to the hospital with a differential diagnosis of an acute angina attach and myocardial infarction. Her symptoms were also consistent with aortic dissection. She was vomiting and had complaints of nausea. While at the first hospital, an x-ray was ordered by the treating physician to help diagnose any problems in the patient. This x-ray was read as normal by a radiologist; however, it showed a widening of the mediastinum, which indicated aortic dissection. The patient was suffering from an aortic dissection, a tearing of the aortic valve, which is a life threatening condition that requires immediate surgery. However, the aortic dissection was not diagnosed by either physician. The patient was discharged from the first hospital and seen the following day at a second hospital, with a history of epigastric pain, and was admitted to the second hospital the next day with continued complaints. A CT scan was performed and interpreted by a radiologist at the second hospital. The defendants conceded this was a negligent interpretation of the CT scan, which showed the patient was suffering aortic dissection. Despite diagnostic studies showing the patient was suffering aortic dissection and continuing consistent symptoms, she was not diagnosed with aortic dissection and it was left untreated. This led to the rupture of the aorta and death the next day. Suit was against the two hospitals, numerous physicians and the state of Louisiana, as responsible party for one of the hospitals and one of the physicians. A settlement was reached with the state on behalf of its hospital and with radiologist and the private radiologist for $495,000.
Case # 1 - Settlement $212,630.97
The plaintiff’s decedent went to the defendant clinic in April 1992 for a previously scheduled medical appointment. The decedent had been undergoing treatment for recurring pleural effusions and idiopathic hepatitis A with secondary coagulopathy. The decedent was examined by the defendant physician at the defendant clinic, and was diagnosed with a recurrent pleural effusion in the right lung. Bloody fluid was obtained from a therapeutic thoracentesis performed at the clinic. The decedent was then sent to the defendant hospital for a diagnostic chest x-ray. The x-ray was not performed for almost an hour. While waiting for the film development, the decedent complained of chest pains and began gasping. The decedent was immediately taken back to the defendant clinic by a family member and the defendant physician was notified of the condition. The defendant physician arrived approximately 10 minutes after being notified. The decedent lapsed into cardio-respiratory arrest caused by excessive blood loss from the lacerated intercostals artery and died. The plaintiffs claimed that the defendant physician performed an unnecessary thoracentesis on a chronically ill woman in a clinical setting; failed to properly assess the patient; and failed to diagnose the patient’s condition. The plaintiffs also alleged that the defendant hospital and clinic failed to properly supervise its employees; filed to adequately monitor and assess the patient’s progress; failed to continue necessary and proper medical treatment; and failed to properly inform the treating physician of the patient’s condition. A $212,630.97 settlement was reached.
Case # 2 - Jury Verdict $1,313,807.75
Plaintiff was a 24-year old woman. While getting out of bed she twisted her ankle. She went to the Iowa Health Center of Lake Charles Memorial Hospital. This is a Arural@ medical center, although only 12 miles from Lake Charles by Interstate, and run by a nurse practitioner. On the first visit, the nurse practitioner felt the patient had an ankle sprain and treated her accordingly. Two days later she returned and was X-rayed. The X-ray showed a slight lateral fracture of the ankle. The nurse practitioner applied four Ace bandages with a posterior ankle splint. The patient returned in approximately two hours in Aexcruciating pain. The plaintiff stated that the nurse practitioner did not remove the Ace bandages, but instead gave her a pain shot and pain medication. The nurse practitioner testified that he did partially remove the Ace bandages to see if it was too tight.
When the Ace bandages were removed two weeks later, there was a huge decubitus ulcer on the top of the plaintiff's foot. It was alleged this was caused by the bandages being applied too tightly. The ulcer required subsequent debridement, and the patient almost lost her foot. The patient underwent reconstructive surgery in New Orleans. She was hospitalized for approximately ten days. Subsequently, she had to have another debridement of the foot.
The plaintiff was employed as a truck driver prior to the injury, however, after the injury, she could not return to trucking and had to take a job working for approximately $8.00 per hour.
Plaintiffs called 22 witnesses at trial. Plaintiffs lost the medical review panel; however, a member of the panel indicated that he wanted to re-evaluate the case. The standard of care required that the nurse practitioner remove the Ace bandages to make sure the bandages were not too tight.
The jury returned a verdict in favor of the plaintiff in the following amounts:
A.) Pain and suffering both physical
and mental, including loss of
enjoyment of life, past and future. $ 400,000.00
B.) Medical Expenses $ 28,253.75
C.) Past Loss of Wages $ 28,554.00
D.) Future Loss of Wages including,
loss of earning capacity $ 350,000.00
E.) Permanent Disfigurement $ 250,000.00
F.) Permanent or Partial Disability $ 25,000.00
G.) Loss of Consortium for Husband $ 50,000.00
TOTAL $1,131,807.75
The total verdict of $1,131,807.75 was reduced to $500,000 plus $28,253.75 in medical expenses and interest of almost 40%.
Case #1 - Jury Verdict $700,000.00
Patient, an 82 year-old man with previous history of congestive heart failure, was admitted to the hospital for monitoring after an automobile wreck. Plaintiff allege there was a lack of monitoring during the hospital admission and that the patient died of congestive heart failure due to the nurse's failure to properly monitor the patient. The final incident of improper monitoring occurred when a physical therapist went to the nurse's desk to report that the patient was having shortness of breath. Instead of checking the patient immediately, the nurse began to do paperwork. At the end of an eight-day jury trial in Jena, the jury found for the plaintiff's and awarded $700,000 to decedent's three major children. The damages were reduced to $500,000 in accord with the Medical Malpractice Act and the case settled for $495,000 before appeal.
Case #2 - Settlement $370,000.00
Patient, who was 77 at the time of her death, was a nursing home resident from July 20, 2001, until August 7, 2003. She developed Stage IV pressure sores (decubitous uclers) on her buttocks and heels. The sores placed her in immediate jeopardy and her condition continued to deteriorate due to the defendant's lack of weekly assessments of her skins. Patient was eventually admitted to a hospital, where she developed an infection. She had to undergo an extensive debridement and required a colostomy due to the damage to her buttocks. She died on September 6, 2003. The nursing home settled for $95,000 and the Patient's Compensation Fund paid $275,000 for a total a total of $370,000.
Case #3 - Settlement $500,000 plus all future Medical Expenses
Child was born to a 26 year-old mother at a state hospital. Nurses for the defendant were responsible for the fetal monitoring of the baby. Prior to delivery there was no heartbeat for 23 minutes before a physician was finally called. The infant was delivered limp and unresponsive and has permanent neurological damages.
Before going to the medical review panel, the case settled for $500,000 plus all future medical expenses.
Case #4 - Verdict $480,000
Plaintiff's mother, a resident of Monroe, sought treatment from defendant physician for problems with her little and ring fingers in both hands. Specifically, she was having problems with her hands "locking down." Defendant physician performed a trigger-release procedure in his office, which the patient later realized was the incorrect treatment. At the time of the initial surgery, the patient was 76 years old and living independently. The patient developed contractures in her hands as a result of the surgery, her left hand was frozen in place. She underwent 26 physical therapy sessions in a two-month period and had a doctor in Baton Rouge, where her daughter resided, perform a corrective surgery on her left hand. Because of the contractures, the physician also replaced two joints in that hand. Plaintiffs sued on behalf of their mother, alleging that she never returned to her previous active lifestyle and had to depend on others to care for her daily needs. In addition, the immobility of her hands prevented the patient from doing many of the things she liked to do.
The court awarded plaintiffs $26,132 in past medical expenses and $455,000 in general damages. Subsequent to the judgment, defendant physician paid the judgment and the Louisiana Compensation Fund appealed. The appeal's court upheld the medical expenses but reduced the general damages to $150,000.