Atlanta Injury Lawyers Blog

I've been litigating malpractice cases for almost 20 years, and I have to say that it doesn't get much worse than this: using a stainless steel paperclip in place of a stainless steel post during a root canal treatment. A dentist who admits that he made such appalling substitutions in the course of dental treatment, is set to be sentenced.

Last week, dentist Michael Clair pleaded guilty to a range of charges. He admits that he used part of a paperclip in place of stainless steel posts to support a root canal on a patient.
Besides dental negligence, Clair faces several other charges. According to investigators, he fraudulently billed Medicaid by performing dental procedures and having other dentists in his practice bill it to Medicaid. In all, he allegedly defrauded Medicaid of approximately $130,000 between August 2003 and June 2005. During this time, he had been prohibited from working on Medicaid patients.

The charges also included drug charges against him. He used to prescribe addictive painkillers like hydrocodone and Perocet to members of the staff. The staff would procure the medications and give some of them to him.

Continue reading "Dentist Who Used Paper Clips in Treatment to be Sentenced " »

For many women, physical exertion, such as coughing, exercise, heavy lifting, or sneezing can cause an accidental leakage of urine. Stress Urinary Incontinence (SUI), as it is known, is the most common type of urinary incontinence found in women. Stress incontinence may be caused by a weakened pelvic muscles that supports the bladder and urethra or because the urethral sphincter is not working correctly. Weakness may be caused by:

-Childbirth
-Injury to the urethra area
-Some medications
-Surgery in the prostrate or pelvic area

Sometimes, vaginal sling procedures are performed in an effort to control stress incontinence. However, in July of 2011, the FDA advised doctors that most cases of pelvic organ prolapse can be effectively treated without the use of a bladder sling. Unfortunately, many women in the Atlanta metropolitan area who have had vaginal mesh implants have experienced:

-Complications during sex
-Corrosion of the mesh
-Hardening of the mesh
-Infection
-Injury to nearby nerves
-Pelvic Pain
-Urinary problems
-Vaginal pain and discomfort

Urinary incontinence is typically caused by an underlying medical condition that is usually treatable without the need of surgery. Moreover, there is no indication that bladder slings help women when its main use is treating pelvic organ prolapse.

Manufacturers of these devices have failed to warn patients and healthcare practitioners of the possible problems associated with the vaginal mesh. Furthermore, surgery is only recommended after the exact cause of urinary incontinence has been found. Most of the time, healthcare providers will attempt retraining the bladder or Kegel exercises before surgery is even considered.

Continue reading "Vaginal Sling Complications Can Be Severe" »

Being a pro wrestler doesn’t help you deal with the mess that is left behind after a dentist has been negligent. Hulk Hogan found this out the hard way. The pro wrestler last week underwent surgery to remove a metal tack that had been left in his mouth after a dental procedure.

According to Hulk Hogan, in October, he underwent dental surgery to get implants. First, the dentist performed a sinus graft that placed a donor bone in the mouth. The donor bone was meant to support the implant. When the implantation process began, the doctor removed the mold, and in the process also tore out about 50 stitches from the donor bone procedure.

After the implantation procedure, Hogan suffered a number of problems, including severe discomfort and pain. The wound became infected, and even a course of antibiotics did not help.

Continue reading "Hulk Hogan Needs Surgery to Remove Effects of Dental Negligence" »

Each year, nearly 100,000 people undergo gastric bypass surgery in an effort to lose weight. However, gastric bypass surgery is not a cosmetic surgery. It is a “last resort” procedure for persons suffering from obesity. But unfortunately, 35 to 40% of those who elect to have the procedure suffer harmful complications within the first six months following surgery.

One problem is the number of gastric bypass procedures that a surgeon can safely perform in a day. Since the need for the procedure has increased, it has become common practice for some surgeons to perform as many as five operations per day. If a surgeon performs the procedure too quickly or while he or she is too fatigued, the patient is put in danger. This can lead to medical negligence and serious, long-term injuries.

Another cause for concern is that the surgical stapler and staples used in the procedure are prone to malfunction, thus, causing fluid to leak from the gastrointestinal track into the abdominal cavity. These fluids are highly caustic and can harm other areas of the body. The Food and Drug Administration has documented some 9,000 cases of serious complications and 100 deaths caused by failed surgical staplers and/or staples used in operations.

Other complications may include:

• excessive bleeding
• hemorrhaging
• hernias
• infections
• nutritional deficiencies

Some procedures were performed in facilities that were not properly suited in caring for obese persons. Consequently, such equipment as CAT scanners, operating tables, instruments, and other diagnostic tools were rendered inadequate due to the patient’s size. In other instances, medical practitioners failed to respond in a timely manner to patient complaints or simply failed to educate patients about post surgery recovery.

As I mentioned earlier, gastric bypass surgery is used specifically to treat obesity. Therefore, it is only considered beneficial for patients who are not less than 100 pounds overweight or who have a body mass index of 40 or more. Only under certain circumstances, such extreme cases of diabetes or cardiopulmonary problems, should the procedure be performed on persons with a slightly lower body mass index. Absent these rare extenuating circumstances, performing bypass surgery on someone who is not more than 100 pounds overweight is a form of medical malpractice. Therefore, patients should be wary of surgeons who try to “sell” them the procedure.

For many people suffering from obesity, gastric bypass surgery has enabled them to lose a considerable amount of weight. However, as we have seen, a number of complications can result after the surgery. Some of these complications may even warrant hospitalization of the patient for the entire length of the treatment, and close supervision upon release from the hospital to ensure that the problems have been corrected.

Continue reading "Latest Estimate: 1 in Every 200 Gastric Bypass Surgeries End in Death" »

Recent studies have indicated that patients who do not have cardiovascular problems prior to trying to quit smoking with Chantix, might be putting themselves at risk of developing such problems in the future. Dr. Curt D. Furberg of Wake Forest, the senior author of one such study, has vehemently plead for the removal of Chantix from the U.S. market.

In June of 2011, the Food and Drug Administration issued its first warning that the use of Chantix might be related to an increase of certain cardiovascular problems in patients who have a history of heart disease. As a result, this new information is being added to all Chantix labels.

Furthermore, a medical trial of 700 smokers with cardiovascular disease were treated either with Chantix or a placebo. And according to the FDA, this trial indicated that the patients treated with Chantix experienced more cardiovascular events than those treated with the placebo.

Such cardiovascular events included:

-angina pectoris
-nonfatal myocardial infarction
-need for coronary revascularization
i-n addition to new diagnosis of peripheral vascular disease

Despite the fact that the number of cardiovascular episodes were minor, the FDA has noticed that several episodes have happened more often in patients treated with Chantix. A study that appeared in the Canadian Medical Association Journal has also pointed out the connection between the risk of cardiovascular episodes and the use of Chantix.

This study found a 72 percent increase in the risk of cardiovascular episodes with the use of Chantix when compared with those using a placebo. And an increased risk of cardiovascular disease in patients who don’t have a history of cardiovascular disease. Of the 4,908 patients who took Chantix, 52 patients experienced an acute cardiac episode. Whereas, only 27 of 3,308 patients who took the placebo experienced a cardiac episode.

Continue reading "More Health Risks Associated with Chantix Drug" »

Celebrex is a non-steroidal anti-inflammatory drug or NSAID. It is used in the treatment of inflammation or pain caused by such medical conditions as ankylosing spondylitis, arthritis, and menstrual discomfort. Celebrex is also used in the treatment of hereditary polyps in the colon as well as for reasons that are not listed in the medication guide.

At present, Celebrex is the only remaining anti-inflammatory drug available to patients since the discontinuation of Vioxx and Bextra. However, since gaining approval from the Food and Drug Administration ("FDA"), Celebrex has been tied to various gastrointestinal problems and numerous deaths. Consequently, legal action has been taken against Pfizer and Searle Pharmaceuticals who jointly manufacture Celebrex.

Use of Celebrex, particularly long term use, can cause life - threatening heart or circulation complications. Celebrex should not be used prior to or following heart bypass surgery. And patients should discontinue its use and seek immediate medical attention if balance and vision problems, chest pain, shortness of breath, or slurred speech are experienced.

Other symptoms include:

abnormal bruising and/or bleeding
bloody, blackish, tar like fecal matter
diarrhea
dizziness
flu - like symptoms
insomnia
lethargy
nausea and psyrosis (heartburn)
skin rashes
swelling of the lips, throat, and tongue
ventral (abdominal) pain
yellowish discoloration of the eyes or skin

Furthermore, patients should not use Celebrex if they are allergic to celecoxib, or have experienced allergic reactions to aspirin, sulfa drugs, or other NSAIDs. Doctors who prescribe Celebrex should be aware of their patients preexisting conditions such as asthma, bleeding or blood clotting disorders, heart disease, high blood pressure, liver or kidney disease, nose polyps, stomach ulcers, or strokes.

Continue reading "Georgia Patients Beware: Celebrex Can Possibly be Life Threatening" »

A retired dentist, who earlier this year settled a wrongful death dental negligence lawsuit arising from the death of a teenager under his care, is being sued again by another patient.

A lawsuit filed in December accuses 81-year-old Henry Mazarow of dental negligence. The lawsuit has been filed by a woman, who says that she went to the dentist for treatment in December 2010. She suffered serious injuries, including seizures, neurological damage and other devastating injuries while undergoing treatment at the doctor's clinic. Some of her injuries were permanent. The lawsuit seeks damages in excess of $25,000.

It must seem like déjà vu for the 81-year-old Dr. Mazarow. In October, his insurer settled a dental wrongful death lawsuit with the family of a teenager who died while undergoing a dental procedure at his office. The parents of the 13-year-old girl had filed a lawsuit against him after their daughter died while under sedation during the surgery. The girl had visited the doctor to have 2 teeth removed, and was given a combination of sedatives. During the procedure, the girl collapsed, and was rushed to the hospital. She was immediately placed on a ventilator, but died a few days later. The cause of her death was ruled as diffuse hypoxic ischemic encephalopathy.

Continue reading "Dentist Sued Again for Dental Negligence" »

Surprisingly, more than 1.5 million Americans are hurt annually as a direct result of medication mistakes. As healthcare professionals, pharmacists are responsible for counseling patients about their medications in addition to compounding and dispensing medications. And though pharmacists are well-trained individuals, most medication mistakes can only be attributed to human error.

Doctors, for example, are infamous for having illegible handwriting. And though a doctor may prescribe the right medication for a patient, the pharmacist may not be able to decipher it correctly. Sometimes a doctor’s office will place the prescription with the pharmacy via the telephone on behalf of the patient. Nonetheless, mistakes in communication can occur between the caller and the receiver.

Pharmacist negligence can also result when pharmacists or pharmacy technicians dispense the wrong medication, the incorrect dosage of medication, or place inaccurate instructions on the vial or container of the medication. Many of these mistakes happen when pharmacists or their technicians are inattentive to their work or simply succumb to the monotony of the work involved.

Here in Atlanta, we are currently experiencing a shortage of competent pharmacists. And while the available pharmacists are being overworked to compensate for this shortage, pharmacy technicians are being over used. Pharmacists are required to supervise technicians. However, a surprising number of medication mistakes are caused each year by a lack of proper supervision.

In addition, pharmacists must ensure that patients understand:

-what medication has been prescribed
-why it has been prescribed
-how it is to be taken
-any and all possible side effects associated with the medication.

Pharmacists must also discern possible drug interactions. For instance, if a patient currently takes a prescribed drug, introduction of another drug may conflict with the preceding prescription. Failure to detect drug interactions can have dire consequences to the safety and well being of the patient. For example, if a patient is taking coumadin (a blood thinner) and is subsequently prescribed many types of antibiotics, the antibiotics cause the coumadin to thin the blood too much--often resulting in serious bleed-related injuries or death.

Continue reading "Top Reasons for Atlanta Pharmacy Errors" »

The parents of a 17-year-old girl, who died while she was undergoing oral surgery, have filed a lawsuit against the oral surgeon and anesthesiologist involved in the procedure.

The death occurred in March this year, when 17-year-old Jennifer Jenny Michelle Olenick visited the dentist's office of Domenick Coletti for the surgery. According to the report by the chief medical examiner, she was first given a standard dose of anesthesia. However, the dose was insufficient to get her completely sedated. She was then administered an additional dose of anesthesia. This was also part of standard procedure.

However, when the procedure was underway, she began to experience bradycardia, a slowing down of her heart rhythm. This was followed by a drop in the oxygen saturation in her blood. She went into hypoxic arrest, and at this point, the doctors called in emergency personnel. Olenick was then rushed to the hospital, where she was in a coma for a few days. She died on April 6.

Continue reading "Parents of Teen Who Died during Oral Surgery File Dental Negligence Lawsuit" »

Ventilator alarm fatigue, or overexposure to ventilator and cardiac monitor alarms which increases the risk of errors, is finally getting the attention it deserves. The ECRI Institute now ranks ventilator alarm-related hazards right at the top of its annual list of health technology hazards. New data by the Food and Drug Administration also suggests that the time is right for a spotlighting of this phenomenon. According to the agency, more than 800 ventilator alarm-related errors occur in 2010 alone.

A new analysis by the Boston Globe finds that over the past 6 years, more than 100 people have died from ventilator alarm-related errors. According to the analysis, most of these errors occurred due to nurses’ failure to respond to a beeping alarm, and not the result of defective alarms.

Over exposure to ventilator alarms is definitely a phenomenon that deserves attention. During any given working day in a hospital, nurses are exposed to hundreds of frequently beeping ventilator and monitor alarms. Many alarms sound an alert even for slight changes in measurements that may not be serious. When this happens, nurses get used to the sound of alarms, and begin neglecting alerts. In fact, as the Boston Globe analysis shows, most of the ventilator alarm-related errors were the result of failing to respond to an alert, and occurred when the alarms were not set properly.

Continue reading "Real Concerns about Ventilator Alarm Fatigue" »

As an Atlanta personal injury lawyer, a large part of my legal practice is devoted to helping those injured by dental malpractice. Many of these injuries occur secondary to the placement of dental implants. Dental implants are preferred for tooth restoration over dental bridges because they are esthetically more appealing and have the functioning ability of real teeth. And though generally considered safe, the procedure does present some risk to the patient. Some reports indicate that as many as 13% of all implant procedures result in some type of nerve injury.

Serious nerve injuries often occur when dentists drill past the jawbone into the inferior alveolar nerve or actually position the implant itself on the nerve. The usual symptoms are numbness, severe pain, and/or discomfort in the patients mouth or face that was not felt prior to the placement of the implant. Therefore, proper location of the nerve prior to performing the procedure is necessary and required under the applicable standard of care.

The most commonly employed method used in finding the position of the nerve is a radiograph, but tomograph and computerized tomography is similarly used. According to the Journal of Implantology, correctly measuring the available bone or the simple use of a drill guard can preclude over penetration.

For well over 25 years, a safety zone of two millimeters has been prescribed between the drill depth for the implant and the jaw nerve beneath. When a patient is injured, ascertaining the cause of the problem will determine the necessary response. And a three dimensional cone beam (CBCT) x - ray can verify if the jaw nerve was reached during drilling.

Continue reading "Georgia Dental Implants Discussion" »

This dentist doesn't seem to be too keen on waiting till complaints against her evolve into a full-fledged dental malpractice lawsuit. According to a lawsuit that has been filed against Dr. Stacy Makhnevich, she attempted to prevent patients from commenting on her dental work online, and then retaliated against them when they did.

The lawsuit has been filed against the dentist who also happens to moonlight as a classical singer, by former patient Robert Lee. According to the lawsuit, he visited Dr. Makhnevich with a dental problem, and was surprised when she asked him to sign an agreement not to criticize her work online. The agreement called the Mutual Agreement to Maintain Privacy had to be signed before she agreed to work on his tooth.

Lee signed the agreement, and then went on the website Yelp to accuse her of shoddy work. According to his criticism posted on Yelp, she overcharged him by as much as $4,000. His exact comments were ‘Avoid at All Costs!.’ The dentist accused him of breaching their agreement, and retaliated by billing him $100 for every day that the negative comment on Yelp remained posted.

Continue reading "Dentist Sued for Trying to Silence Patience Criticism" »