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The CMG Voice

Family Files Lawsuit Against Swedish After Guidewire Is Left Inside Young Boy

Posted Thursday, September 12, 2013 by Tyler Goldberg-Hoss

The parents of a young child have filed a lawsuit against Swedish Medical Center, alleging that an employee doctor left a guidewire inside their boy after a routine procedure involving inserting a catheter in his leg to give him fluids and medication.

Typically surgeons and hospitals in which surgeries occur have checklists to make sure no sponges, tools, or other substances are left inside a patient. Still, such events still occur, and can cause patient/victims disastrous consequences. Hopefully, it sounds like the boy in this story is ok now, in spite of what he’s gone through.

You can watch the news report and read the article here:

Surgical wire left in Everett toddler prompts lawsuit

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More Evidence State Disciplinary Boards are not Protecting Patients

Posted Monday, September 9, 2013 by Gene Moen

A recent article in a medical publication outlined the outrageous case of a Texas neurosurgeon who killed and maimed patients for several years while other doctors begged the Texas medical disciplinary body to take action to lift his license.

Fatal Incompetence: Texas Surgeon Wreaked Havoc for Years

Such agencies do eventually take action, even if belated, when the medical care is so bad that other doctors complain about it. But what about the provider who is not in that small category, who nonetheless violates the standard of care and causes harm to patients?

Without the ability of a patient to bring a lawsuit to shine light on poor medical care, it is often swept under the rug. In one case brought by our firm, we were able to prove that a plastic surgeon’s lack of good care almost caused a patient’s death from hypoglycemia. The case information, including the deposition of the defendant doctor, was provided to the Washington State Medical Quality Assurance Commission. The Commission then held a hearing at which the doctor’s license to practice was suspended for five years.

In another case, the information we uncovered about a plastic surgeon was used to restrict the doctor’s license. But in each of these cases, it is unlikely the state agency would have done anything without our having taken depositions that brought to light the negligence of the doctors.

The disciplinary agency is underfunded and understaffed, so it is not able to aggressively seek information about bad practices and the harm caused to patients. And when they do bring an action against the doctor, the attorneys from the Attorney General’s office are often not as experienced as the top national attorneys who are hired by the doctors to defend their licenses. That is why the depositions taken in a medical negligence case by the patient’s attorney are often the key to understanding the nature of the medical negligence and the harm it caused.

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Doctors Who Continue Practicing Despite Repeated Negligence - Why Medical Malpractice Claims Are Necessary

Posted Tuesday, August 27, 2013 by Gene Moen

USA Today published an article on August 20, 2013, that described the failure of the nation’s state medical disciplinary systems to police doctors who repeatedly cause patient harm through negligence and error.

The article focuses on a particular doctor who repeatedly made errors in drug prescriptions, causing the deaths of several patients, but it also chronicles the pervasive problems across the country in sanctioning doctors who harm patients.

Medical associations often criticize patients, and their attorneys, who file malpractice lawsuits. The stated purpose of such a lawsuit is to obtain compensation for the harms and losses caused by medical malpractice. But another purpose, and one that is often stated by injured patients as a reason to bring a lawsuit, is to achieve accountability and try to ensure that other patients won’t go through the same problems.

Many lawsuits we have brought changed medical practices that jeopardized patient safety. And, when you think about it, if the state agencies won’t discipline negligent doctors, it’s the patients who have to take action to prevent further harm.

Medical malpractice lawsuits provide a needed focus on bad care and poor medical practice. if the accepted “standard of care” is not enforced by the state agencies, then the courtroom is the last opportunity to protect patients’ safety by bringing to light the negligent care that injures patients and their families.

Here is a link to the article:

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Gene Moen Selected as Lawyer of the Year 2014

Posted Thursday, August 22, 2013 by Chemnick | Moen | Greenstreet

CMG’s Gene Moen has been selected as “Lawyer of the Year” in the Medical Malpractice - Plaintiffs practice area in the Seattle metropolitan areas by The Best Lawyers in America 2014. Only one attorney in each practice area is selected for this honor from peer-review assessments. Gene is also listed as a Best Lawyer in the Personal Injury Litigation - Plaintiffs category.

Since it was first published in 1983, Best Lawyers has become one of the definitive guides to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which nearly 50,000 leading attorneys cast nearly five million votes on the legal abilities, professionalism, and integrity of lawyers in their practice areas. Because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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Gene Moen and Paul Chemnick Named to 2013 Super Lawyers

Posted Tuesday, July 16, 2013 by Chemnick | Moen | Greenstreet

Gene Moen and Paul Chemnick were once again named to the 2013 Super Lawyers list as among the top attorneys in Washington State. No more than 5 percent of the state’s attorneys are selected by Super Lawyers. Both were named in the “Personal Injury Plaintiff: Medical Malpractice” category. Super Lawyers rates outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selection process includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Gene and Paul have been named to Washington Super Lawyers for over 10 years.

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Chemnick | Moen | Greenstreet
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Phone: 206-443-8600
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