Law Med Blog

Calif Strip Mall Doc Charged With Murder In Prescription Drug Deaths

April 02, 2012 lawmed No comments

A Rowland Heights, California physician pleaded not guilty Friday in Los Angeles County Superior Court to murder charges in connection with three fatal prescription drug overdoses.

Hsiu-Ying “Lisa” Tseng D.O., 42, is charged with three counts of second-degree murder in the deaths of Vu Nguyen, 28, of Lake Forest; Steven Ogle, 25, of Palm Desert; and Joey Rovero, 21, an Arizona State University student from San Ramon, east of San Francisco. She also is charged with 20 felony counts of prescribing painkillers and anti-anxiety drugs to people who had no legitimate medical need for the medications. She is being held on $3-million bail.

Judge Shelly Torrealba denied a request from Tseng’s attorney, T. Edward Welbourn, to lower her bail. “I see this situation no differently than any other murder situation,” Torrealba said. “Three people are dead.”

The charges against Tseng are a relatively rare attempt to hold a physician criminally … (Continued…)

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Paramedic Errors: Chicago Will Pay $1.75M In Death Of 13 y/o

February 17, 2012 lawmed 2 Comments

A Chicago City Council committee has signed off on a $1.75 million settlement to compensate the family of 13-year-old Arielle Starks who died of an asthmatic attack after a series of alleged mistakes by Chicago Fire Department paramedics in 2002.

Starks died at Advocate Trinity Hospital after an ambulance carrying her to the hospital collided with a car. Another ambulance picked her up at the accident scene and took her to the hospital, where she was pronounced dead.

Attorney’s for the girl’s family alleged 3 crucial mistakes that day. The first mistake: the child was “intubated through the esophagus that leads to the stomach instead of through the trachea that leads to her lungs,” attorney Brian Murphy said. The second mistake involved ignoring a “standing medical order” issued by the Fire Department. According to Murphy, it states that if a patient’s condition worsens, paramedics are to make a direct observation … (Continued…)

Lawsuit: Sisters Have Hospital Kill Multi Millionaire Father For Inheritence

February 10, 2012 lawmed No comments

Victorino Noval, 78, entered a Kaiser hospital in Southern California on April 28, 2010, with a diagnosis of aspiration pneumonia. He was intubated, placed on a mechanical ventilator, and sedated. His medical history included early stages of Parkinson’s, and COPD. Noval was totally independent prior to his hospitalization. He lived in his own home, drove his own car, performed his own daily living activities, managed his own finances and investments, and had an annual income of $3 Million. He was worth an estimated $60 Million.

On May 7th, 2010, despite exhibiting improvement in his pneumonia and having a positive prognosis for recovery, Kaiser staff removed Noval from his ventilator, extubated him, and then administered large doses of morphine with the sole intention being to bring about his death. They succeeded. And this was all done without consulting his son, Hector Nova, despite the fact that Kaiser had an executed durable … (Continued…)

OH Appelate Court: Disclosure Of Errors To Family Not Peer Review

January 26, 2012 lawmed No comments

Similar to laws on the books in every state, Ohio law protects a hospital that reveals an admission of error in peer review from having that information being discovered and used in malpractice cases. In the case of medical malpractice case Smith v Cleveland Clinic, et al., the defendants attempted to prevent statements made by the hospital’s chief medical officer during a conference with the family being admitted in court claiming they were privileged as part of peer review.

Howard L. Smith, 73, underwent an uneventful knee surgery at Community Health Partners Regional Medical Center, now known as Mercy Regional Medical Center, in Lorain, Ohio, on February 17, 2010. Postoperative routine blood work orders were entered and Smith’s blood was taken on the 18th. One of the ordered tests was for serum potassium. On February 19th Smith suffered a cardiac arrest, was resuscitated, but removed from life support on March … (Continued…)

Utah Supreme Court Rules Term “Minor Child” Includes Fetus

December 24, 2011 lawmed No comments

A 2007 wrongful death lawsuit filed in U.S. District Court by a Utah couple against a government-subsidized clinic in Provo claimed doctors who provided prenatal care were negligent, resulting in the death of the couple’s unborn child. As a result of the proceedings in that case the plaintiffs filed a motion to certify a question before the Utah Supreme Court:

This case presents a single issue on certification from the U.S. District Court for the District of Utah: “Does Utah’s wrongful death statute allow an action for the wrongful death of an unborn child?” At the time the claim was filed, Utah’s wrongful death statute stated in relevant part that “a parent or guardian may maintain an action for the death or injury of a minor child when the injury or death is caused by the wrongful act or neglect of another.” UTAH CODE ANN. § 78-11-6

… (Continued…)

Hospital Propofol Policy Results In $3M Judgement In Patient Death

December 21, 2011 lawmed No comments

Here at the Law Med Blog we have mentioned more than once the minefield institutions create through their ill considered creation of various unnecessary policies and procedures. The incredible irony here is that these P&P are almost always created with the idea they will LIMIT liability and increase quality of care. Often times they serve to create local Standards of Care which deviate from nationally accepted standards. The hospital however can be held liable for violating their own policies, regardless of whether they followed national standards. Once implemented, patients are entitled to be treated under the hospitals published policies.

And this brings us to Enloe Medical Center in Chico, California. A Butte County Superior Court jury Monday ruled the hospital must pay the family of 50 year old Todd Stewart $3 million. Stewart, who died after a failed attempt to replace a faulty lead in an implanted cardiac defibrillator, underwent … (Continued…)

AZ Cosmetic Surgeon Sentenced to 25 Years On 3 Homicide Counts [VIDEO]

November 03, 2011 lawmed No comments

As we previously reported, Dr. Peter Normann, a self proclaimed cosmetic surgeon without formal training in surgery, was found guilty of 2 counts of second-degree murder and one count of manslaughter in the deaths of three of his surgical patients back in July. In September Normann was sentenced to 25 years in prison, and he didn’t go quietly.

“Your honor, I would just like to express my deepest sorrow to the families of Ralph Gonzales, Alicia Santizo and Leslie Ray,” said Normann

“It’s my belief that the public at large is not truly aware of the risks of cosmetic surgery,” he went on to say, continuing his assertion that his patients died as a result of known risks inherent to the procedures they had.

Normann then lashed out at the paramedic that reported him and testified at his trial:

“I’m particularly angry at Mr. Duarte for lying on the … (Continued…)

$2.4 M Verdict: Nurse Failed To Report Patient Change

November 03, 2011 lawmed No comments

On June 27, 1996, 71-year-old Pearl Cominsky entered Holy Redeemer Hospital in Meadowbrook, Pa., for an elective knee replacement. The surgery progressed normally and the patient was placed in a monitored bed on a telemetry floor post-op where she suffered a devastating cardiovascular event and later died. Originally, in a medical malpractice lawsuit filed by her husband, the plaintiff’s theory of the case was that Cominsky’s psychiatric medications, one of which was the potentially dangerous Clozaril, interacted with her anesthetic and/or her post-operative pain medication, causing her cardiovascular collapse. The original claim cited a failure by a psychiatrist, surgeon and anesthesiologist to order close post-operative monitoring due to these potential interactions as a causative factor in the death of Cominsky.

However, as discovery in the case progressed, it became apparent that adequate monitoring had taken place, but the results were not properly reported to the patient’s physicians, despite a … (Continued…)

2 Murder Guilty Pleas In Philly Abortion Shop Of Horrors Case

October 29, 2011 lawmed 1 Comment

Two women who worked for doctor Kermit Gosnell at his Philadelphia “Women’s Medical Society” Shop Of Horrors abortion clinic pleaded guilty Thursday to 3rd-degree murder in connection with late term infant deaths at the facility.

Adrienne Moton, 34, of Upper Darby, admitted to killing a baby that was delivered alive. She jammed scissors into the neck of the infant and cut the spinal cord, adhering to what was the common practice at the infanticide mill. Sherry West, 52, of Philadelphia, pleaded guilty in the death of a 41-year-old immigrant who she gave a lethal overdose of painkillers and anesthesia. West has no medical training.

ADRIENNE MOTON

The two women also pleaded guilty to related charges, including taking part in a corrupt organization. Common Pleas Court Judge Benjamin Lerner set sentencing for December. The maximum sentence is 120 years for Moton’s offenses and 140 years for West’s.

Gosnell and nine employees,including … (Continued…)

Toxicology In The Michael Jackson Manslaughter Trial

October 08, 2011 lawmed 9 Comments

Witness testimony concerning the autopsy and toxicology results has begun in the trial of Dr. Conrad Murray for voluntary manslaughter in the death of Michael Jackson. This is likely the make or break area of testimony for the defense, who has claimed that Jackson caused his own death by self administering both oral lorazepam and oral and/or IV propofol. It is highly technical testimony, with large amounts of medical and scientific jargon and principles which cannot help but confuse the jury at times.

Law Med will go through the evidence and testimony in order to simplify and clarify what is becoming. in our view, intentionally muddled by the defense. We don’t blame them, since it may be their only hope of getting Murray off. The facts are certainly of little use towards that end. Even though we are ‘simplifying’ the information, it is still intensive to digest. Read some, take … (Continued…)

Propofol Explained: Factual Expert Answers On Jackson Case

October 03, 2011 lawmed 6 Comments

Law Med has suffered through a number of “experts” appearing on international broadcast media and in print who claim to know all about propofol, its administration, its abuse and addiction potential, while at the same time spouting misstated facts or downright nonsense regarding the drug.

First, to bring some perspective as to why Law Med’s opinions are worth a hill of beans, we must humbly state that Law Med is arguably a national expert on the abuse of propofol, and resultant fatal outcomes, as well as propofol addiction, including incidence, physiologic mechanisms and treatment. Law Med has 2 decades of experience administering anesthesia including propofol, peer assistance advisory experience with a national organization of anesthesia professionals, and has published two peer reviewed medical journal articles on the subject, and has been a national contact person for dozens of calls about individuals in crisis from propofol abuse, overdose and addiction. Law … (Continued…)

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