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Providence Medical Malpractice Law Blog

Which physician errors lead to most malpractice suits?

When it comes to medical malpractice, many Rhode Island residents think of the types of highly publicized mistakes that dominate national media coverage of malpractice cases. The man who goes in to have a leg amputated only to wake up to find that the wrong limb was removed. Surgical sponges and other medical supplies left in a surgical site. Patients treated for illnesses they do not have, based on paperwork or physician errors.

However, a recently released study completed by Johns Hopkins University asserts that surgical errors are not the source of the majority of medical malpractice claims filed across the nation. In fact, the causal factor that leads most patients to sue their healthcare providers is far less dramatic, but even more frightening due to the fact that it occurs so often. Diagnostic errors lead to approximately 28.6 percent of medical malpractice claims that are paid out to victims.

Hospital negligence lawsuit settled outside of court

Medical professionals and hospitals have a legal obligation to their patients to comply with appropriate safety standards while also refraining from overcharging patients. This means that unnecessary medical procedures should not be performed because they could result in excessive medical bills for patients in Rhode Island or in any other state. However, one hospital and a medical doctor have recently been accused of doing just that when they were sued by 21 patients for medical malpractice and hospital negligence.

Suspicions of something wrong began to surface following a federal investigation which revealed that a specific doctor working in the hospital may have placed stents in the arteries of patients when there was no medical need to do so. The 2010 investigation discovered that this may have happened in hundreds of cases during the span of 2007 and 2009. This prompted the plaintiffs to file a medical malpractice lawsuit against the hospital and the doctor in April 2013.

Was it doctor errors or robot's design that injured patients?

Laparoscopic surgery patients in Rhode Island may be aware of that Intuitive Surgical Inc. is the maker of the robotic surgery system called da Vinci. This system was used in approximately 400,000 surgeries across the country last year alone. However, the system has now come to the attention of the Food and Drug Administration after patients were allegedly injured during surgeries using the system; five of those patients died. The question is whether it was doctor errors or the machine itself that is at fault.

The system allows the surgeon to control the robotic arms from a computer. The system is set up to control a camera, scissors, devices to hold tissue, and a device to cauterize. Surgeons are required to complete at least minimal training on the system both online and in a classroom before applying with hospitals for the right to use the system when they perform surgeries.

Jury awards damages in a case of birth injuries during childbirth

There are thousands of abnormal birth deliveries in the country each year. In Rhode Island and other states, birth injuries to newborn babies caused by the negligence of a doctor or hospital staff will result in an award of damages in a medical malpractice case. The standard of care to be decided in these cases is whether the health care provider's services fell below the minimum required care normally expected of a professional under those circumstances.

In the reported case, a jury awarded $2.1 million to the mother of a seven-year-old female who suffered birth injuries that are referred to as Erb's palsy. The girl sustained permanent nerve injury to the neck and has limited mobility in her left arm. The award was entered against a hospital, doctors' offices and a certified nurse midwife, all located in Cooperstown, New York.

Rhode Island doctor errors: Were you given the right medication?

Many patients in Rhode Island wouldn't think to question whether their doctor has prescribed the correct medication. A lot of people believe that those kinds of doctor errors are rare. However, there is new evidence to suggest that it happens more often than people realize. It never hurts to ask questions.

Brown University has discovered through its research that one out of five senior citizens on Medicare Advantage plans is given medications that are considered high risk even when a safer alternative is available. Their research further indicates that there is more of this happening in the southern part of the country. Their sample included approximately 6 million senior citizens across the country.

Settlement in teen's death following brain injury

Many Rhode Island residents fear going to the dentist, and some postpone such visits until dental pain forces them to seek medical attention. However, few people actually fear for their lives while in the dental chair; most simply find dental procedures to be uncomfortable. One recently settled brain injury case provides a different view on the risks associated with dental care, and may give many pause before undergoing dental surgery.

The case centers on the death of a 17-year-old high school student that took place in 2011. The teen was placed under anesthesia for a routine wisdom tooth surgery, but sustained a serious brain injury when her oxygen supply was cut off. The resulting medical malpractice suit claimed that the surgeon, anesthesiologist and other medical practitioners involved in the procedure failed to revive the girl when her heart rate slowed.

Over 3 million affected by traumatic brain injuries

Traumatic brain injuries have been covered in the news a lot lately but do people really know just how prevalent brain injuries are in the U.S.? The Centers for Disease Control and Prevention reported that an estimated 3.5 million currently suffer from a traumatic brain injury.

Traumatic brain injuries are commonly caused by car accidents, sports injuries and other recreational accidents as well as hospital accidents. U.S. officials say many fatalities and permanent disabilities are a result from traumatic brain injuries ever year.

Residents and errors: shorter shifts don't prevent mistakes

In 2011, new rules went into effect to shorten the number of hours first-year resident doctors could work in a hospital. The rules decreased the number of hours a resident could work during a shift from 30 to 16 in an effort to reduce fatigue and medical errors made by residents.

Unfortunately, a new study found that the reduction in hours has not improved patient safety. The study found that the reduction in residents' hours decreases the amount of time they have to train, which can lead to more medical errors and risks for hospital patients.

Brain injuries can impact long-term health

Traumatic brain injuries continue to happen every year throughout the country and they can significantly change a person's way of life. Roughly 1.7 million Americans sustain a TBI every year, according to the Brain Injury Association of America. In addition, 3.1 million people in the U.S. live with a long-term disability due to their brain injury.

Researchers have been trying to raise more awareness about the dangers of brain injuries as even mild brain injuries like concussions can result in serious changes to a person's health. After a brain suffers a mild to severe traumatic injury, the ability to perceive and understand everyday concepts can be compromised and a person's physical, cognitive and emotional behaviors may be affected.

Retained surgical items still a threat despite new technology

Surgical errors are still a significant risk for hospital patients in the U.S. despite new technology that may help prevent surgical mistakes from happening in the first place. Surgical errors can be very dangerous as they can cause infections and other health issues that can lead to a patient's death.

Retained surgical items are one of the most common types of surgical errors reported in U.S. hospitals. This is when a surgical item like a sponge is left in the patient's body. Retained surgical items were reported in half of all preventable surgical errors, according to a report by University Hospitals in Ohio. They estimated that almost 4,000 surgical sponges were left inside patients' bodies every year.

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