Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Medical Malpractice

Houston Physician Services & Professional License Defense

Having worked in both academic teaching hospitals and private hospitals through out the United States, Dr. Malik understands, perhaps better than most, the hard work and effort it takes to achieve the medical license and then to maintain it. Dr. Shezad Malik Law Firm concentrates in the representation of physicians and medical professionals in all matters relating to their professional license defense.

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As a Fort Worth Medical Malpractice attorney, I read with interest this Texas medical malpractice case.

A Texas jury awarded $4 million to a man who had a surgical sponge left inside him after a cholecystectomy surgery in 2008.

Several months later, he returned to the hospital with severe stomach pain, according to the law suit. Upon further testing including abdominal ct scan,, it was discovered that a sponge had been accidentally left inside his abdomen.

As a Fort Worth Medical Licensing and Doctor defense attorney I have written about the Grapevine Texas Gynecologists who were implanting Canadian bought FDA unapproved IUDs.

Now they are being sued by the Texas Attorney General on violation of the Texas Deceptive Trade Practices Act and Fraud.

Similar cases have been brought in other jurisdictions, and what happened to those physicians is particularly instructive.

Ob/gyn Kelly Dean Shrum, DO, in Pine Bluff, Arkansas was investigated— In June 2009, FDA agents found unapproved Mirena IUDs in Dr. Shrum’s office — a discovery that triggered criminal and civil charges.

On October 2009, a federal grand jury indicted Dr. Shrum with drug misbranding, healthcare fraud (for billing the state Medicaid program for unapproved IUDs), and 3 counts of money laundering (for depositing money from an allegedly illegal activity in his bank account). Dr. Shrum faced a maximum penalty of 3 years in prison and a $10,000 fine for misbranding, and a maximum of 10 years in prison and a $250,000 fine for healthcare fraud and for each count of money laundering, according to federal prosecutors.

In addition, former patients have filed a class-action suit against Dr. Shrum in a state court. They allege that by implanting unapproved IUDs in them without their consent, Dr. Shrum is at fault for medical negligence, unjust enrichment, violation of the state’s law against deceptive trade practices, and breach of fiduciary duty.

If convicted he would lose his medical license.

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As a Dallas Medical License and Doctor Defense attorney, I am providing an update to the story I blogged about yesterday.

In an interview with News 8, Dr. Angela Cope, the clinic stated that they stand by their decision to insert a product they still believe is safe — despite warnings of counterfeits by the FDA and the manufacturer, Bayer Pharmaceuticals.

“There is not any medical difference in a Mirena imported from Canada versus a Mirena that’s imported from America,” Dr. Cope said.

But now, many women want to know how they can be sure their Mirena IUD is the FDA-approved version.

Read the full story here.

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As a Fort Worth Personal Injury and Medical Malpractice attorney, I read with interest this Texas medical malpractice story. The Texas Medical Board accuses Dr. Rahul Nath of performing unjustified surgery after taking MRIs and diagnosing shoulder injuries that “cannot possibly be seen,” and to charging excessive fees.

Now a Harris County judge has ordered him to pay $726,000 to Texas Children’s Hospital for the hospital’s legal fees. Read the full story here.

I have a similar medical malpractice case where a doctor charged my client for medical surgical procedures, even though she had insurance which would have covered the routine surgery cost. She was conned into paying several thousand dollars and was told it was a cosmetic procedure not covered by insurance.

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“Cry havoc and let slip the dogs of war.”

And so it begins, twenty four hours from now, with a drop of the hammer and a cry of “Order, Court now in session,” the battle banners would have unfurled with the sounds of trumpets.

As a Fort Worth Personal Injury Attorney, I would like to offer the following insights. As I mentioned in my last posting from the battlefront, we were due in court tomorrow to argue our slip and fall case which just got canceled and set for a new date.

The foul air would have been filled with the clanging of steel, the clashing of shields, the stench of panic and fear permeating the air to be supplemented with whiffs of gunpowder. My friends, this was no ordinary skirmish, but the accumulation of 3 years hard labor. But it was not to be…

My friends that is what a court room feels and sounds like, all shrouded in the fog of war and at the end of the day, one victor and the vanquished. Carnage and havoc for both.

Trials are no easy things and the plaintiffs all want their day in court. It is hard to then explain to them when you get a worse deal at trial that in settlement talks a year earlier.

In this particular battle, the decision to go to war was easy, we had no offers to settle or offers through mediation. Here, if we had failed to press our charge and we lost, what did we lose? We came with nothing and left with nothing. Then the next time the defense would know we spared no quarter, we yielded no ground, and we fought to the last man. Each man died a hero, with sword in hand, a bloody battle indeed.

In this battle dear readers, there are no prisoners.

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This weekend I am in a contemplative mood. I was thinking about one of the medical malpractice cases I am handling. As a Fort Worth Medical Malpractice Attorney and licensed medical doctor, I receive up to 100 telephone calls and email inquiries per month. After talking and carefully screening all of these possible inquiries, I end up selecting only 4-5 cases per year to litigate and to take to the next level.

This case concerns a middle aged woman who comes into a major North Texas hospital for treatment of a fractured hip. She is appropriately evaluated and scheduled for hip replacement under spinal anesthesia.

Then tragedy strikes, there is an accident during the administration of the anesthesia. My client stops breathing and has full cardiac arrest while in the OR. These events were not immediately recognized or treated by the attending anesthesiologist or nurse anesthetist who were responsible for the care of the patient.

After much delay, the patient was resuscitated, but she had developed severe irreversible anoxic brain damage from the lack of oxygen.

The client lingered on in a profound vegetative state for 3 months and then ultimately died.

You would guess that the doctors and nurses would do the right thing and accept liability in this tragic medical malpractice case. You guessed right…they deny liability and we have a fight on our hands.

I have a very good friend, Spencer Aronfeld, Aronfeld Law Firm in Miami Florida who also handles wrongful death and catastrophic personal injury cases. I told him about this case…he was shocked and dismayed. Then he regaled me with similar cases of his own.

Folks every day is a battle to get people justice in this world, please note we are doing it street by street, house by house and city by city. The work for justice never ends and Injustice never sleeps.

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A Virginia jury has awarded $1.95 million in a lawsuit over the death of a woman less than two days after she received plastic surgery.

Maritess Lopez was sent home an hour after her July 2008 surgery even though she was having respiratory problems, dizziness and fever, the lawsuit claims.

She died the next day of aspiration pneumonia. The suit accused Dr. Matthew Galumbeck and his staff of completely ignoring Lopez and her symptoms, which resulted in her death. Jen McCaffery, Virginian Pilot 08/27/2010
Read Article: Virginian Pilot

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Central DuPage Hospital in Illinois has agreed to a $5.3 million settlement with the husband of a woman who died of a stroke in 2006.

The suit claimed Dr. Mark Kelly and Dr. Henry Echiverri “failed to properly evaluate and treat” Samantha Medina in December 2006, which lead to her death.

Lawyers for the doctors said the doctors did nothing wrong, but that they settled to “avoid even the small risk of a runaway jury verdict.” Angie Leventis Lourgos, Chicago Tribune 08/26/2010
Read Article: Chicago Tribune

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The WA Supreme Court ruled that it is unconstitutional to require 90 days’ notice before suing a doctor. The court’s 6-3 decision said the waiting period violates the separation of powers between the legislative and judicial branches of government.

The courts already have procedural rules for filing civil suits, and adding a 90-day notice “conflicts with the judiciary’s power to set court procedures,” Justice Charles Johnson wrote for the majority.

The ruling sides with two separate plaintiffs who had medical malpractice cases thrown out by lower courts over notice issues. Those cases were sent back for further action. Associated Press, Seattle Times 07/06/2010
Read Article: Seattle Times

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