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Woman Reaches Settlement in Hospital Error Suit

Sandy Baumgartner, a woman who went to Memorial Medical Center for triple bypass surgery, recently settled in a suit against her surgeon and the hospital citing hospital error.

What Went Wrong?

After having triple bypass surgery, Sandy woke up to discover that her surgeon, Dr. Lit Fung, used another patient’s angiogram film to operate on her.

After explaining that a hospital employee in the catheterization lab had marked the wrong film with Baumgartner’s name, Dr. Fung claimed that surprisingly the other patient and Sandy’s heart were very similar and that she should be fine.

However, Baumgartner and her husband did not buy the claims and charged Dr. Fung and Memorial Medical Center with negligence.

After Surgery

After being discharged from the hospital, Baumgartner returned back due to having symptoms associated with heart disease. Though Dr. Fung insisted she was completely healthy and wouldn’t need to have any more treatment for 10 years.

When her heart condition worsened, she went to a cardiologist for a second opinion who informed her that one bypass had been missed and had more than 90 percent blockage.

“Dr. Fung had no reason to believe that she was okay. His assurances that she was fine were reckless statements and reckless management of a patient,” stated Michael Land, Baumgartner’s attorney.

The Settlement

In the lawsuit the Baumgartner’s claimed that the hospital was at fault for not recognizing the error sooner and that Dr. Fung allegedly did nothing after recognizing the mistake putting her health at risk.

The hospital has paid $140,000 to settle and the case against Dr. Fung could go to trial next year due to Baumgartner’s rejection of his $85,000 offer to settle.

Baumgartner has continued to receive treatment for her symptoms of heart disease including fatigue and leg pain and swelling.


Have you or someone you love been the victim of a hospital error? Contact us today to speak with an experienced attorney who will support and advise you in any legal action you choose to take. 

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