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$5.5 MillionSettlement for failure to diagnose and treat kernicterus resulting in severe brain damage of child
$5.5 MillionSettlement for failure to diagnose acute blood loss after cancer surgery resulting in brain damage to physician
$7 MillionPlus Settlement: Negligent performance of intubation post-operatively, resulting in severe brain damage to minor child.
$10.8 MillionConfidential settlement for an adult who suffered catastrophic injury from a stroke
$22 MillionRobyn Frankel vs. Palo Alto Medical Foundation GroupJury verdict for paralysis caused to patient after an unnecessary procedure.
$4.25 MillionSettlement for failure to quickly respond to a minor plaintiff’s hyperthermia after surgery resulting in catastrophic injuries including brain damage
$4 MillionSettlement for failure to diagnose fetal distress resulting in minor plaintiff suffering from severe static encephalopathy

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Failure to diagnose leaves woman permanently disabled

As many California residents might know, a misdiagnosis of a patient’s medical condition can sometimes become detrimental. It can mean a world of difference for various negligent actions from possibly giving the wrong medication to having a good kidney removed. In the case of a 27-year-old woman, she believes her condition was misdiagnosed and that failure to diagnose left her with lasting neurological trauma.

When this woman was admitted to the hospital emergency room, she claims that she was misdiagnosed, which led to a major stroke with extensive damage. This stroke has left her unable to care for herself. She was forced to move out-of-state to live with family and needs full-time care. This is due to limited mobility in both her upper and lower extremities. The only way for her to get around on her own is through the use of a motorized wheelchair.

To make matters worse, the state in which she was originally treated is now trying to recover some $236,000 that was used for her care under the federal Medicaid program. An Oregon official stated that it is not uncommon for the state to try to recoup taxpayer money spent if the recipient undergoes a change in financial circumstances. In this case, the woman received a settlement from a medical malpractice claim that she filed in connection with the incident. She is trying to stop the state of Oregon from obtaining a lien against her settlement, which she has already received, by the Department of Human Services.

The woman filed a lawsuit against the hospital and three attending physicians for their failure to diagnose her condition correctly. She had asked for $32.5 million in damages. Patients in California who believe they were irreparably harmed by a misdiagnosis are entitled to file civil action against the medical providers deemed responsible. Any financial restitution may provide for the patient’s future medical needs and pay for any past or current medical charges as well.

Source: claimsjournal.com, Suit Disputes Oregon’s Claim in Malpractice Award, No author, Oct. 23, 2013



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In over 25 years of practice on the defense side of malpractice cases, Jeff Mitchell is the attorney I fear most. He takes very good cases. Jeff has the medicine and the applicable literature down cold. He is without a doubt the best cross-examiner I have ever seen. I have paid his clients a lot of money over the years.
- John M.

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