The parents of a child who underwent a procedure to remove a benign growth received a $1.5 million settlement when the procedure went wrong in 2012. The child, six years old at the time of the operation, did not receive an MRI prior to the surgery, as was the recommendation of a consulting radiologist. The radiologist suggested the MRI as a way to determine whether or not the growth truly needed to be removed, as the procedure to do so carried great risk. The parents of the child noticed a problem with facial droop immediately after the operation, though the attending surgeon insisted that the droop was merely a result of routine bruising and swelling. When it did not resolve, the parents, though legal professionals, accused the surgeon of being negligent. The case was settled out of court—one week before the trial would have been held.

According to HealthHype.com, facial droop is a condition which results in a sagging face and is caused by loss of facial muscle tone. Several natural causes can lead to facial droop, and include a malfunction of facial nerves which result in the distortion of normal facial structure.

The facial nerve is one of 12 cranial nerves that emerges directly from the brain and is considered high risk for complications. According to HealthHype, botched surgeries are a main cause of facial droop. Common procedures that can go wrong and result in droop include tumor resection anywhere along the facial nerve, surgery of the parotid gland, acoustic neuroma resection, mastoid surgery, tonsillectomy, and some dental procedures.

Another common cause for facial droop, which may be the fault of a medical professional, is birth trauma. According to The New York Times, the incorrect use of epidural anesthesia or improper use of medication to induce labor can lead to facial droop. The Times reports that facial droop affecting the lower part of the facial nerve is the most common type of facial nerve palsy resulting from birth trauma.

If you or someone you know has experienced facial droop as a result of a medical procedure, you may be eligible for compensation. Do not go through it alone. Contact an experienced Connecticut medical malpractice attorney today.

A measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.

As complex medical procedures increase in popularity, so do the mistakes that accompany them. According to Medical News Today, the number of litigated cases involving malpractice in laser hair removal treatments has surged in recent years. In 2011, Medical News Today reports, “dermatologic surgeons carried out 1.6 million treatments” in the U.S.—one of the most common cosmetic operations performed in the nation.

The major risk with laser hair removal practices comes most often from non-physicians “who may have minimal training,” reports The New York Times.  In addition to the figures compiled by Medical News Today, the Times suggests that there may be several unreported operations performed annually as well. “The percentage of lawsuits over laser survey that involved a non-physician operator rose to 78 percent in 2011 from 36 percent in 2008,” the Times reports.

Eleven states do not have regulatory laws concerning laser hair removal. According to the State of Connecticut Medical Examining Board, in 1996 such regulatory measures were approved in the state, making it illegal for any physician without a specific license to employ lasers for hair removal. “In making this ruling,” the report states, “the Board is choosing to err on the side of safety to best protect the public.”

Risks associated with laser hair removal can be permanent, though the procedure itself may not be. According to The New York Times, risks can include (but are not limited to:

• Disfiguring injuries;
• Severe burns in sensitive areas (“like the bikini line and the mustache area above the lips”);
• Death. 

Washington Institute of Dermatologic Laser Surgery Director Dr. Tina Alster told the Times that, “there’s a perception by the public that anybody can do this. People need to remember, it’s not the laser doing the work, it is the operator.”

If you or someone you know has been injured or disfigured by a laser hair removal treatment in Connecticut, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact the law offices of Richard R. Raphael for a free initial consultation today.