The college freshman suffered severe brain damage after going into the hospital for a highly routine procedure intended to take a look at her stomach to pinpoint her complaints of stomach pain. The procedure involves inserting a tube-like instrument into the body to view, in this case, the inside of the stomach in order to make a diagnosis of the stomach symptoms. It's a widely used, mostly uneventful procedure to try and find the causes of gastrointestinal pain and distress.
]]> The woman is in a vegetative state after suffering cardiac and respiratory arrest at a New York hospital during the procedure. The lawsuit asserts negligence against the hospital and doctors for improperly administering the anesthesia. Apparently, the hospital has dodged the parents and won't give them an explanation of what went wrong and or admit to doctor errors.The parents are pushing for a law that would allow cameras in the operating room to document physician errors. If there is malpractice that caused the woman's brain damage, the recovery will be high because it will include an average of everything she would have earned up to retirement and beyond. She had been planning to be a social worker.
In Rhode Island, malpractice is measured by whether the physician errors fell below the minimum standard of care required of a professional in the community under similar circumstances. There have been no details reported on the precise wrongdoing attributed to the doctors. However, it's highly unlikely that such a catastrophic result would have occurred without some kind of careless behavior by some person or persons in the operating room. A detailed study of the records of the procedure by the girl's medical experts will most likely reveal physician errors.
Source: News 12 Westchester, "Phelps Memorial Hospital Center facing medical malpractice suit after endoscopy gone wrong," May 3, 2013
]]>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.
]]> Diagnostic errors can lead to a wide variety of problems. For one, misdiagnosis can lead to treatment that is not necessary, and exposes patients to risks and side effects of various treatment options for no valid reason. Even worse for some, the actual malady is not properly addressed, leading the patient to continue to experience the symptoms that led them to seek medical treatment in the first place.Perhaps the most frightening aspect of the results of this study is the knowledge that in many, many cases, diagnostic errors are simply never caught. Patients fail to receive the proper medical treatment, but unless they are made aware of the mistake, they assume that any treatment received was simply ineffective in solving their medical issues. For those Rhode Island patients who know or suspect that they have been subjected to physician errors in diagnosis, the results of this study should give them the confidence to know that medical malpractice claims relating to diagnostic errors are among the most successful.
Source: Ridgefield, CT Patch, "What Type of Case Dominates Medical Malpractice Payouts?" Richard Hastings, May 6, 2013
]]>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.
]]> However, the parties have decided to avoid any further litigation by settling the case outside of court. Although how much the hospital paid in damages was not revealed, the plaintiffs report that they are pleased with the amount offered by the defendants. The settlement also includes another 200 cases which are also being represented by the same law firm that is representing the original 21 defendants.The plaintiffs in this case are fortunate that the hospital agreed to an acceptable monetary amount for damages in the hospital negligence and medical malpractice lawsuit. However, this may not always be the situation in other medical malpractice lawsuits in Rhode Island or in any other state. If this is the case, it will be necessary to proceed with litigation and argue one's case in front of a judge.
Source: wbaltv.com, "Settlement reached in St. Joe's medical malpractice case," May 3, 2013
]]>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.
]]> When used properly, the system has been shown to reduce bleeding and recovery time, among other things. When not used properly, the patient is at risk of receiving burns or being cut. These potential injuries can occur either on the skin or to the patient's internal organs.Many Rhode Island surgeons may agree that using robotics to perform routine laparoscopic procedures such as hysterectomies, prostate surgery, or removal of the gall bladder is safer than traditional surgery. So far, it has been found that doctor errors are most likely the primary cause of patient injuries associated with the da Vinci system. Any patient that believes they were injured as a result of a surgery using robotic equipment may want to seek advice with regard to their rights.
Source: Standard-Examiner, "Ogden doctor: Most robotic surgery woes linked to human error," Jamie Lampros, April 27, 2013
]]>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.
]]> Erb's palsy is in a category of birth injuries in which a newborn suffers paralysis in an arm during an abnormal or difficult childbirth or labor. In this case, the lawsuit alleged that the mother didn't receive proper prenatal care and that the nurse midwife pulled too hard on the baby's head during delivery. The three-week trial was before a six member jury.Apparently, the medical defendants were claiming that the injury to the baby occurred before the childbirth procedure. However, this general kind of injury and other birth injuries are commonly associated with too much pressure being applied in a childbirth extraction. In some instances, the medical evidence shows that a caesarian procedure should have been performed instead of a manual extraction.
In a Rhode Island medical malpractice case involving birth injuries, the funds usually go into a court-ordered bank account or trust to be held for the health and welfare of the child. They may possibly be released to the victim when she reaches adulthood. The parents may be able to collect out-of-pocket medical expenses and other bills incurred. The funds are usually also earmarked for taking care of any treatment or rehabilitation not covered by insurance needed by the victim in the future.
Source: wbng.com, "Medical malpractice award in Otsego County case closely watched," Candace Chapman, April 17, 2013
]]>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.
]]> Patients in New England were the least likely to be given high risk medications. More women than men were prescribed high risk drugs; but this includes a class of medications that are made specifically for women that are also considered high risk. Patients in Rhode Island were found to be 10 to 12 percent less likely to receive a high risk medication than those in the southern part of the country. No one is sure exactly why there is such a disparity from north to south.Even though the risk is lower here, that doesn't mean that patients don't have a reason to be concerned. Medical professionals are not infallible and doctor errors do occur. The FDA recommends that patients educate themselves on the medications they are prescribed in order to be aware of any potential side effects, lethal or otherwise. In any case, if a patient or a patient's family discovers they were injured by an improperly prescribed medication, it may be a good idea to find out what rights they have and what steps to take.
Source: Consumer Affairs, "How do you know you're being prescribed the right medicine?" Daryl Nelson, April 15, 2013
]]>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.
]]> An autopsy report determined that the teen died as a result of lack of oxygen to the brain, leading the surviving family members to file suit. It is not reported what they originally sought within their complaint. However, the lawsuit contained five counts of negligence as well as other medical failures.The fatal brain injury case was recently settled out of court, which is not an uncommon event in medical malpractice cases. There is no word on the final settlement details. It is hoped that the end of this case will bring some measure of closure to the family who is still grieving their loss. In addition, the case should bring awareness to others in Rhode Island or elsewhere who have suffered similar losses regarding their right to legal recourse.
Source: The Baltimore Sun, "Malpractice claim in Howard County teen's wisdom teeth death settled out of court," Kevin Rector, April 3, 2013
]]>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.
]]> According to the CDC, 53,000 people died from TBIs last year. In addition, over 2 million people were seen in emergency rooms after suffering a brain injury, 300,000 were hospitalized, and over 1 million people were seen in clinical settings for their brain injuries.TBI and other brain injuries at times do not have any symptoms and it can be difficult for doctors to detect these brain injuries immediately after an accident. Because of the difficulties in recognizing brain injuries, many victims suffer short-term and long-term problems after a brain injury.
The problems can impact a person's memory, emotions, learning capacity and concentration. TBI and other brain injuries can drastically impact a person's way of life and can cause a person to stop working, do household activities or even drive a vehicle.
While it may be difficult to notice the signs and symptoms of a brain injury, it is important for those who've suffered head trauma in an accident to seek medical attention immediately to try to prevent any short and long-term effects from the injury.
Victims of brain injuries should also understand their legal rights and contact an attorney if their head injury was caused by someone else's negligence or dangerous actions.
Source: UPI, "Traumatic brain injury affects 3.5 million," March 12, 2013
]]>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.
]]> The new rules were put into effect to allow residents to get more sleep each week. However, the study found that a majority of residents did not end up getting any more sleep than before when they could work 30 hour shifts. In addition to the rules not increasing the amount of sleep for residents, the study reported that the short work shifts actually increases the risks of medical errors due to more residents caring for the patient on any given day.When one resident ends their shift, their patients are handed off to another resident that is working. Because residents are working shorter shifts, patients are handed off and taken care of by more residents than they were before. This can be very dangerous for patients and is referred to as a "handoff risk" due to number of times a patient switches between residents during their stay.
Handoff risks include the patient's medical condition and treatment plan not being properly communicated to the resident taking over the patient's care. This can lead to serious medical errors and puts the patient's safety at risk.
Due to the study finding that the 16 hour shifts are not beneficial for residents or hospital patients as previously believed, they recommended that hospital administrations review their rules for residents and the number of hours they are allowed to work in a given shift and make sure that patient safety is taken into consideration.
Source: HealthDay News, "Shorter Shifts for Medical Interns May Not Boosts Patient Safety," March 25, 2013
]]>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.
]]> Symptoms of concussions and other traumatic brain injuries vary depending on each person. However, the most common physical symptoms include dizziness, nausea and sensitivity to light. Cognitive and emotional symptoms include concentration difficulties and memory loss. In more severe brain injuries, a person's speech and movements may be impaired, signifying that the brain injury may cause more dangerous effects on a person's health.It is very important for people who have suffered concussions or more severe traumatic brain injuries to seek medical attention as soon as possible to rule out any life-threatening injuries. Seeking medical attention can also help victims understand how their brain is impacted by injuries like a concussion or more severe impacts and what steps to take to help improve their physical and cognitive abilities that may be affected.
Brain injuries can be very scary but learning more about the injury and how to address your symptoms can help improve your quality of life after an injury.
Source: Huffington Post, "Brain Injury Awareness Month: New Hope for the Brain-Injured Person," Anat Baniel, March 19, 2013
]]>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.
]]> Leaving objects in a surgical patient's body can pose serious health risks and hospital safety advocates say that this type of surgical error can be prevented in almost all cases. To address the safety concerns of leaving objects in patients after surgery, new technology has been implemented to help track surgical instruments and sponges used in surgical procedures.Tracking surgical instruments and sponges have been very effective at reducing and even eliminating retained surgical items. The tracking systems work by equipping sponges with electronic tracking devices. Other systems work by having bar codes on sponges and instruments used during surgery.
While these tracking systems have helped several hospitals reduce the number of patients with retained surgical items, many hospitals have not started using these methods to try and prevent surgical errors. A USA Today survey found that only 15 percent of U.S. hospitals were using sponges with tracking devices despite the impact it can have on patient safety.
Patient safety advocates are hoping that more hospitals will adopt these technological safety measures to help prevent retained surgical objects being left in patients.
Source: Fierce Healthcare, "Hospitals underuse technology to prevent retained surgical items," Alicia Caramenico, March 11, 2013
]]>What exactly is chronic pain? Chronic pain is persistent pain that a patient suffers from and it can be difficult to find a remedy to help reduce the pain. Unfortunately, millions of people suffer from chronic pain in the U.S. An estimated 16 million people in the U.S. have chronic pain and it is the most common reason for long-term disability claims.
]]> People with chronic pain say they feel misunderstood and often stigmatized because it may be difficult for doctors to understand and treat their condition. Some people with chronic pain have said that they feel judged because if their doctor cannot figure out what is causing the pain, some believe the pain is not as bad as the person claims it is.Certain medical conditions put people at risk for suffering chronic pain. Other people end up having chronic pain after having surgery or other medical treatments that did not go as planned. Medication mistakes can also cause chronic pain in certain patients, especially if the medication interacted with another medication the patient was already taking.
Suffering from chronic pain is a very serious issue and patients who have chronic pain caused from medical treatments should consult a medical malpractice attorney to discuss their specific case to see what legal options are available. No one should have to suffer from chronic pain and if someone's negligence caused persistent pain in a patient, they can be held accountable.
Source: Huffington Post, "The Stigma Around Aging and Chronic Pain," Richard W. Besdine
My law firm represents patients suffering pain caused by surgical and medical mistakes. To learn more about my law firm, please visit my medical malpractice page.
]]>Hospitals that used computerized ordering systems to prescribe medications prevented 17 million medication errors last year, according to a new study. The study also suggested that in the future, this technology could help prevent over 50 million medication errors every year.
]]> How do electronic prescribing systems work and how do they prevent medication errors? Electronic prescribing systems or "computerized provider order entry" systems allow physicians to prescribe medications without handwritten instructions. The system also checks to make sure the prescribed medication is the correct dose and that it won't interfere with other medications the patient is taking. These two safety features help prevent the risk of a medication error.Electronic prescribing systems were found to be very effective in reducing medication errors in U.S. hospitals. However, not all hospitals use an electronic system. The study found that 40 percent of hospitals use electronic prescribing and those that do only use the system to process 90 percent of their medication orders.
The researchers concluded that electronic prescribing systems can be very effective at reducing medication errors and the risk of medication errors would be significantly reduced. Despite the possibility of reducing medication errors, as the study showed, many U.S. hospitals have not switched over to using this system.
This is unfortunate because many medication errors can be prevented through this type of system that has built-in checks for correct dosing as well as interaction with other medications. Medication errors remain a threat for hospital patients so it may be beneficial for patients who know they will be going to the hospital to check and see if they use an electronic prescribing system for their own safety.
Source: HealthDay News, "Study: Electronic Prescribing Cuts Medication Errors," Feb. 21, 2013
]]>The "Benevolent Gestures Bill" would allow medical professionals to apologize and show sympathy to patients without the threat of a medical malpractice lawsuit being filed against them. The proposed bill would make statements like "I'm sorry" by medical professionals inadmissible in medical malpractice cases or other civil lawsuits against a medical professional.
]]> The lawmaker proposed the bill because many feel that showing sympathy or saying "I'm sorry" should not be seen as an admission of guilt or medical error by a medical professional. Supporters of the bill said that physicians and other health care workers should be able to show sympathy towards their patients, which includes apologizing to their patients.They said that under current malpractice laws and guidelines, physicians often don't feel as close to their patients because they are afraid that anything they say may be used against them as evidence in a malpractice case.
If the proposed bill is passed in Rhode Island, medical malpractice lawsuits may change significantly. Some medical malpractice cases rely on discussions between a patient and his or her doctor to determine if medical negligence contributed to an error or mistake that harmed the patient.
Medical malpractice cases can be very complicated. It is best for patients and their families to work with a medical malpractice attorney to discuss their specific case and if a medical malpractice case can be filed for negligent care or medical errors.
Source: WPRI, "Bill would let doctors say 'sorry,'" Darren Soens, Feb. 18, 2013
]]>Many of the surgical errors that happen every week are mistakes that should never happen, according to hospital administrators and safety officials. The types of surgeries that are considered preventable and should not occur include wrong side or site surgery and performing the wrong surgery.
]]> These types of surgical errors can be devastating to patients. Many patients reportedly had the wrong organ removed while other patients have received the wrong type of surgery entirely. Surgical errors like these can lead to other significant health issues for the patients involved as well as require the patient to undergo surgery again, which always has some risks.Hospital officials said that patients can take proactive steps to help prevent surgical errors. While preventing errors should not be the responsibility of the patient, it doesn't hurt to stay informed about your medical procedures and making sure the medical staff understands your condition.
Hospital officials recommended that patients know who is in charge of their care during the surgical procedure. Patients are encouraged to ask questions or tell the medical staff about any concerns before and after a surgical procedure. Patients can ask their doctor to mark the spot that will be operated on and make sure everyone involved in the surgery knows your medical history because this could impact your care after the procedure.
Ultimately, it is up to the hospital to prevent surgical errors from happening. Unfortunately, surgery errors are still a risk and patients should understand their rights if a surgical mistake did happen. Patients should consult a medical malpractice attorney if they have suffered a surgical or medical error, especially if the hospital's negligence contributed to the mistake.
Source: Care 2, "Doctors Perform 40 Mistake Surgeries Each Week," Piper Hoffman, Feb. 8, 2013
My law firm represents patients injured by surgical and medical mistakes. To learn more about my law firm, please visit my hospital negligence page.
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