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The results and case summaries contained within this website are fact specific and the outcomes may have been the result of circumstances peculiar to the cases. The cases listed are illustrative of the matters handled by Elam & Rousseaux, but do not represent all of the cases that the law firm or the lawyers have handled. Reference to these cases should not be considered as any sort of guarantee, warranty or prediction regarding the outcome of any other legal matter, regardless of any similarities. The outcome of a particular case cannot be predicated upon past results. Every case is different and must be evaluated separately, upon a variety of factors unique to each case. Elam & Rousseaux makes no representation that it can obtain in other legal matters the same or similar results as reported in other cases on this website.


medical malpractice

The terms of the settlement between the parties involved in this lawsuit prevent any details being given about the facts of the case, other than the amount of the settlement and that it was a medical malpractice case.


Stroke from Negligent Admin. of Heparin

A young woman was involved in a car accident when a truck hit her from behind while she was at a complete stop. She was a wife and mother who suffered prior to the accident from a condition called arteriovenous malformation (AVM) of the brain; making her more likely to have a brain hemorrhage. After the accident, she was treated at a hospital in Charlotte. When being seen for other complications from the car wreck, she was given Heparin, a blood thinner. Doctors were aware of her AVM, and therefore clotting studies were necessary to confirm there was not a brain bleed. However, these clotting studies were not performed in a timely fashion, causing this young woman to suffer a brain hemorrhage and stroke. After the stroke, she required permanent long term care for the remainder of her life.


Paralysis from Failure to Recognize a Spine Compression Fracture

A man with Down Syndrome presented to the hospital after his mother, with whom he lived with, found him after he had fallen. Although he had Down Syndrome, this man had worked for over 35 years at a local funeral home in Shelby, North Carolina. Even though nursing notes revealed he was unable to walk, he was discharged from the hospital to home. While at home, his mother noticed his condition became worse, and he was admitted again to the hospital. Over the next two days, this man lost bowel and bladder function and lost the feeling in his lower extremities. These worsening conditions were never acted upon by the doctors or nurses, and as a result, a spine compression fracture went untreated for several days. He is now a paraplegic who must live at a skilled nursing facility.


Cerebral Palsy from Anesthesia Errors

A three-month-old infant needed surgery to repair bilateral inguinal hernias. Prior to surgery, a pulse oximeter, which measures the heart rate of the infant, was placed. During the surgery, the pulse oximeter registered a decrease in heart rate to critical levels, such that oxygen was not adequately flowing throughout the body. The anesthesia team failed to timely recognize or act upon the decreased heart rate and administer drugs to reverse the event. For twenty to twenty-five minutes, the infant’s pulse rate was 70 or less, much lower than it should have been. As a result, the child suffered, and will suffer for his life, cerebral palsy.


Bacterial Endocarditis & Stroke

A 24-year-old male, and a recent college graduate, was seen by his family care physician for recurrent fever and possible liver dysfunction. Over the following six months, he returned to his family doctor seven times with complaints of: persistent fever, chest pain, dramatic weight loss, fatigue, lack of appetite, and night sweats. These are textbook signs and symptoms for bacterial endocarditis; however, they went unrecognized. After presenting to the hospital, this young man was diagnosed with bacterial endocarditis, but not before he suffered a stroke. As a result, this young man was left with permanent neurological deficits, all of which could have been prevented.


Necrotizing Fasciitis from a Massive Infection

A woman had gallbladder surgery and after the surgery, developed a fever. Although her fever had not decreased, she was discharged home. While at home, her fever increased, and calls to the surgeon went unanswered. The woman’s son carried her to the emergency room where she was hospitalized in critical condition due to a massive infection. She then developed sepsis and organ failure. After being transferred to a tertiary center and put in a hyperbaric chamber, the infectious process had elevated to necrotizing fasciitis (commonly known as “flesh eating” bacteria). She had to have several skin grafts to repair the damage and was forced into early retirement.


Sepsis & Kidney Failure Due to Infectious Process Not Treated

A middle-aged gentleman was allowed to travel out of town for a wedding although his family practice doctor was aware he had an infection. While at the wedding, he collapsed and was taken by ambulance to the hospital. At the hospital, his infection turned into sepsis, which led to kidney failure. As a result of the kidney failure, this gentleman was placed on dialysis and later had a kidney transplant. He had to retire prematurely and due to the transplant, will need to take anti-rejection medicine for life.

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