Dealing with Wrongful Death Caused by a Trusted Doctor

Death is devastating. Dealing with the passing of a loved one can be emotionally taxing and exhausting. It’s something you should be able to focus on, without having to worry about anything but you and your loved one’s well-being.

Such a vulnerable time in your life should never be more complicated than it has to be. Unfortunately, if your loved one died because of the actions of another, you can’t just mourn them. If you’re suffering was caused by another, you have every right to prosecute them and receive compensation for the suffering they’ve caused.

Having a death caused by a doctor can be especially devastating. We trust and put our lives in the hands of medical professionals every day, and believe that doctors are responsible enough to treat our lives with care and respect. Sadly, this isn’t always true. Sometimes, doctors don’t pay enough attention or make mistakes that can kill their patients. An anesthesiologist that gets their measurements wrong, or a surgeon that makes the wrong cut could change the lives of dozens of people. We put so much trust in doctors because of how much work they put in to get where they are, and to have them break that trust is shocking.

As a small consolation, we have legal recourse in cases such as these. A death caused by medical malpractice can be prosecuted as a wrongful death case. While the settlement from a wrongful death case cannot bring back your loved one or remedy your family’s pain, it can provide some resources to get you through your time of grief, and, most importantly, it gives your family justice. A doctor convicted of medical malpractice is a doctor that won’t be able to negligently harm any more people. It may be too late for your loved one, but it’s not too late to prevent other people from going through what you went through.

If you wish to pursue wrongful death charges against a negligent doctor, it’s essential to have an experienced legal team who can prosecute that doctor to the fullest extent of the law. A negligent doctor is a threat to everyone that they treat, and should be taken seriously in court. An experienced legal team will procure documentation and testimony from other medical professionals proving that malpractice occurred, and will get the deceased the justice that they deserve.

In Massachusetts, the damages received from a wrongful death settlement can be substantial. The hospital that the Massachusetts medical malpractice occurred at can be held accountable for the full wages that the deceased would be expected to produce through the rest of their working life, the value that their presence would have to their loved ones, and funeral and burial expenses. This money can never replace them, but it can make the process of moving on easier. Financial pressure on top of dealing with the death of a loved one can be too much to bear, and removing that stressor can be very important for a family’s path to recovery.

Traumatic Brain Injuries

Traumatic brain injury is not the most common kind of injury yet it is one of the most severe. These injuries occur when an outside force severely injures the brain. In order to be specifically categorized as a traumatic brain injury and not simply a head injury, the injury must directly affect the brain, not just other structures of the head such as the skull.

Traumatic brain injuries are a significant cause of death and can result from a number of circumstances. According to the website of Louisville personal injury attorneys The Sampson Law Firm, some of the most common types of traumatic brain injuries include: “concussions, brain damage, memory loss, seizures, contusions, and hematomas.” Traumatic brain injuries are life threatening medical conditions and should be examined by a professional as soon as possible.

Common symptoms of traumatic brain injuries can vary greatly depending on the severity of the injury. Mild symptoms of less severe traumatic brain injuries can include temporary loss of consciousness, ringing in the ears, blurry vision and lethargy. Symptoms of a moderate or severe traumatic brain injury can include a prolonged headache that will not go away, jumbled speech, difficulty waking, vomiting, pupil dilation and numbness in the limbs. Any of these symptoms could be a sign of a traumatic brain injury and should be taken seriously and treated immediately.

Effects of a traumatic brain injury can be permanent and life altering. Unfortunately, in many cases, a traumatic brain injury was preventable and occurred due to the carelessness of another. Should you or someone you know be the victim of a preventable accident resulting in a traumatic brain injury, you may be entitled to certain damages which can aid in the medical expenses associated with traumatic brain injuries.

Morcellator Dangers

Before the 1990s, treatment for hysterectomy involved an open surgery, which required an abdominal incision about 5 – 7 inches long. This large wound took time to heal besides causing ongoing pain; it also restricted certain activities, especially lifting heavy objects, to keep the stitched up wound from bursting open and cause more complicated and serious problems.

The introduction of power morcellators during the 1990s gave doctors a much better alternative in treating hysterectomy, which is the second most common surgery performed on women (the first is caesarean section). Hysterectomy, the surgical procedure that removes the uterus, is often required to treat various conditions suffered by women, such as ovarian cancer, pelvic cancer or cancer of the uterus, uterine fibroids or myomas, pelvic inflammatory disease, chronic pelvic pain, uncontrollable vaginal bleeding, growth of uterine fibroids or benign tumors in the uterus, uterine prolapse (a condition wherein the womb or the uterus drops halfway from the cervix to the vagina or birth canal), adenomyosis and endometriosis.

The use of a power morcellator enabled doctors to perform laparoscopic surgery (such as hysterectomy and myomectomy), a minimally invasive surgical procedure that required four very tiny incisions, about 0.5-1cm short, which serve as passage ways for different medical devices that will enable the doctor to see into and reach the organs that need to be treated. One of these devices is the power morcellator, which is designed to cut (morcellate) oversized tissues into tiny pieces for easy and fast removal through one of the tiny incisions.

Besides the tiny incisions, other advantages of using a power morcellator included much lesser pain and bleeding, reduced chances of infection, and fast healing period. These advantages, though, were clouded by reports that linked the device to the spread of cancerous tissues inside the body.

Studies showed that cancerous tissues, called uterine sarcomas, which are almost undetectable, could also be present in women with uterine fibroids. As the fibroids are morcellated during a myomectomy surgery, so too are the uterine sarcomas.

Due to the risk of the spreading of these cancerous tissues, the US Food and Drug Administration issued a safety alert on April 17, 2014, to discourage doctors from the continued use of a power morcellator in laparoscopic surgery. Ethicon, the power morcellator manufacturing unit of Johnson & Johnson, was the first to respond to this FDA communication by suspending its global and national promotion, sales and distribution of its highly-engineered power morcellators, the Gynecare X-Tract Tissue Morcellator, the Morcellex Sigma Tissue Morcellator System, and the Gynecare Morcellex Tissue Morcellator.

About two dozen laparoscopic power morcellation devices have already been approved by the FDA since the 1990s and sadly, despite the FDA’s communication, some doctors still continue to use the device. While a number of lawsuits have already been filed by a number of women already diagnosed with leiomyosarcoma, the most common type of cancer in women who have gone through morcellation treatment, the website of the morcellator lawsuit attorneys at Williams Kherkher says that there are many who may still not be aware of the possible effects of power morcellators or who may not know what legal steps to pursue to attain justice if ever they are victims of the cancerous effects of the device. Contacting a morcellator lawsuit attorney immediately, to help them in finding out their medical condition and for guidance on the best legal option to take, is, right now, the wisest thing to do.