Saturday, June 18, 2011

Broward County Jury Awards $4.7M For Botching Anesthesia

A Broward County jury has ruled a woman should be paid nearly $5 million for a botched procedure at Broward General Medical Center in 2007.

Susan Kalitan was supposed to have surgery on her hand to fix her carpal tunnel, but complications with the anesthesia she was given resulted in emergency surgery and a lawsuit.

Thursday, the jury awarded her $4.7 million. “It was just very, very frightening” Kalitan said.

Broward Health officials said Friday they disagreed with the jury's decision. Attorneys said they plan to appeal the decision.

"Ms. Kalitan had an unfortunate yet known complication of anesthesia. It is not indicative of any negligence on the part of her health care providers and we do not believe that there was negligence or an issue with the standard of care we provided to her," a statement read.

Kalitan's attorneys claimed the instruments used on their client during general anesthesia perforated Kalitan's esophagus.

“So they punched a hole in the tube that runs down to her tummy where food goes. Unfortunately she was discharged from the hospital inappropriately and went home,” her attorney Crane Johnstone said. “Everything she swallowed ended up going through the hole in her esophagus and into her chest cavity.”

The following day, Kalitan was rushed to West Side Regional where she had emergency surgery and was in intensive care for weeks. She needed a feeding tube and couldn't swallow for months.

Kalitan says she still has some trouble swallowing. Her attorneys claim she was unaware a student nurse would be part of the anesthesia team.

“It's important to sit down and discuss everything that's going to happen, all your options," Kalitan said.

Source: NBC Miami, http://www.nbcmiami.com/news/local/Woman-survives-rare-and-dangerous-risk-of-anesthesia-124098324.html.

If you are someone you know has been the victim of medical malpractice, injured in an automobile accident or slip and fall, then give me a call.  888-450-4909.  If I do not recover for you, then I will not charge you fees or costs.

Saturday, June 11, 2011

Basic information to ask before hiring a Personal Injury Lawyer

Just because a lawyer is on every billboard on the highway does not mean they are best for you.  Lawyers love to get clients signed up and then let them sit around, while they sign up new cases. This is certainly not all lawyers, but it happens all too often. Lawyers will sign up a client and then wait 18-24 months to file suit, just prior to the statute of limitations. That delay is harming you. It is delaying money that you may be entitled to. Ask the lawyer if he will have the full time necessary to devote to your case? I would ask the lawyer how many other cases he has pending and how much of his time does he plan on devoting to your specific case?  A good lawyer will want to start building your case immediately.

You may also want to know when your case will be filed.  Many lawyers do not like to work on specific cases until there is a deadline. If you have a lawsuit, I am a strong believer that it can be very beneficial to file suit sooner than later. However, there are some circumstances where it may be strategic to wait on filing immediately.  For example, it may be best to enter into pre-suit negotiations before incurring higher costs in litigation.
I expect that every single case will go to trial. If your lawyer tells you that your case is going to settle, be very cautious about what you are settling for. It is hard to be properly compensated if you are not prepared to go trial. Ask for time frames. It will be hard to give exact answers, but these are relevant questions. Many personal injury cases can be resolved within 2-3 years, sometimes less.

Clients always want to know what their case is worth.  Ask this question. An experienced lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment. Do not be fooled by lawyers who make promises that seem unrealistic.

If you have been involved in auto accident, slip and fall, motorcycle accident, or suffered injuries as the result of others, then call me on my cell phone anytime. (888) 450-4909.  I am ready to answer those basic questions.