Medical Malpractice Medical malpractice, in general, is any act by a member of the medical profession that results in harm, injury, distress, prolonged physical or mental suffering, or death to a patient while that patient is under the care of that medical professional.  Usually harm must be proven to have occurred.  In California, a doctor is negligent if [he/she] fails to exercise the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful doctors would possess and use in similar circumstances. While most medical providers do offer excellent medical care, some providers do not hold themselves to a requisite standard of care. When these medical professionals fall below this standard of care, they may be liable for medical malpractice. Physicians, nurses, all members of hospital staff, and any other individuals providing care to a patient may be liable for medical malpractice. Examples of medical malpractice can include hospital acquired infections, negligent care, surgical or anesthesia mistakes, hospital mistakes, failure to diagnose, a failure to gain informed consent prior to an operation, improper treatment of a disease, misuse of prescription drugs and many other issues. At McNulty Law Firm, we have an excellent track record dealing with many types of medical malpractice. We have successfully litigated against hospitals, doctors, nursing homes, and others who have committed malpractice resulting in serious injury or death. If you have suffered a significant injury, or have a loved one who has suffered a significant injury or death due to medical malpractice, please contact McNulty Law Firm for a free consultation. While our primary practice is in California, we handle significant injury and death medical malpractice cases throughout the United States and its territories. Representative Verdicts and Settlements:  Cerebral Palsy/Brain Damage Vasquez v. Lin, BC 191183, Los Angeles Superior Court Unanimous jury verdict of $22 million awarded to 6 year-old plaintiff born with cerebral palsy and mental retardation caused by the obstetrician’s failure to timely perform a c-section delivery. Cerebral Palsy/Brain Damage Jason L. v. Doe Medical Center; Roe Surgeon and Anesthesiologist: Los Angeles Superior Court $3.5 million dollar settlement for 2 month-old infant who suffered brain damage resulting in cerebral palsy and mental retardation. Pediatric surgeon negligently failed to stop surgery on scrotal hydrocele after noting blood was “turning black.” Hospital’s anesthesiologist had misintubated infant in right mainstream bronchus resulting in poor oxygen perfusion which caused hypoxic brain injury. Wrongful Life/Spina Bifida                                                                          Amber W. v. Doe Medical Center and Roe Obstetrician: Los Angeles Superior Court $1.45 million dollar settlement for “wrongful life” brought by 4 year-old child who was born with spina bifida (a neural tube defect of the spinal column) which should have been detected during the California mandated prenatal screening for alpha-fetal protein. Wrongful Death                                                                                              Estate of Sam N. v. Doe Emergency Department and Roe Emergency Department: Las Vegas, Nevada $900,000 settlement for unmarried 47 year-old adult male who “passed out” at work and was brought to Emergency Room for evaluation. While waiting for a C.T. scan of his head, decedent was left on a gurney unattended and suffered an unwitnessed heart attack caused by an underlying ventricular arrhythmia. Wrongful Death Estate of Joel V. v. Doe Emergency Department: Santa Cruz, California $875,000 settlement for family of farm worker who, while inebriated, fell out of a tree. Emergency Department failed to diagnose a subdural hematoma and provided him with narcotic pain medication for headache. Decedent passed out at home after discharge from the Emergency Department and never awakened. Wrongful Life After Binding Arbitration                                              Confidential v. Obstetrician $800,000 settlement (policy limits) after closing statements in Binding arbitration. Plaintiff was a severely handicapped young girl who suffered the ill effect of in vitro infection with Cytomegalovirus. We argued that Defendant obstetrician fell below the standard of care when he failed to heed warnings from the radiologist of possible developing problems on Ultrasound. Defendant argued that the warnings were not ominous and did not require follow-up. Hospital Negligence Confidential v. Southern California Hospital $750,000 settlement for husband and wife. Wife suffered a traumatic brain injury after being left unattended overnight in her hospital room following surgery. Records in this case demonstrated that the nurses failed to follow hospital procedures, and failed to properly monitor the patients vital signs. Defendants argued that damages were deminimus and plaintiff could return to work. Brachial Plexus Injury William S. v. Doe Medical Center and Roe Obstetrician: Los Angeles, California $475,000 settlement for 1 year-old male infant who sustained a right brachial plexus injury as a result of excessive traction applied by obstetrician during a shoulder dystocia delivery. Paraplegia                                                                                                     Kathleen K. v. Doe Medical Center: Los Angeles Superior Court $3.2 million dollar settlement for 38 year-old unemployed female with underlying prescription drug abuse problem who developed an epidural abscess that defendants failed to timely diagnose and treat resulting in below the waist paraplegia. DTP Drug Reaction/Brain Damage Steven M. v. Doe Program Brian C. v. Doe Drug Manufacturer Washington, D.C. and Los Angeles, California $1.75 million dollar settlement for Steven M. and $2.5 million dollar settlement for Brian C. Both minor plaintiffs claimed to have suffered allergic reaction to the pertussis component of the vaccine resulting in an encephalopathy causing cerebral palsy and brain injury.