In August 2008, a pregnant woman arrived at a hospital showing signs that her unborn child was being deprived of oxygen. That posed a serious risk of brain damage. A prompt delivery might have been able to alleviate the problem, allowing the child to live a full and healthy life. But the hospital made a mistake. The child was not delivered immediately and was therefore born with cerebral palsy.
]]> When the woman arrived at the hospital, a doctor performed an ultrasound to determine the condition of the baby. Using antiquated equipment, the doctor was unable to detect a fetal heartbeat and concluded that the baby was already dead.Later, a different hospital employee performed a second ultrasound and was able to pick up a heartbeat. The delay amounted to 81 minutes, during which time the child's condition deteriorated. When the child was born the brain damage was permanent.
Medical malpractice cases can come in many forms. One of the most common occurs when a doctor's mistake causes a delay in treatment. In medicine, every minute can be critical. Even a short delay in proper treatment can have devastating effects on the lives of the patients involved.
In this particular case, the jury found that the doctor was not responsible and placed all responsibility on the hospital.
Source: Philadelphia Inquirer, "Phila. jury awards $78.5M in medical malpractice case," Chris Mondics, May 6, 2012
]]>The woman suffered brain injuries when she fell and hit her head. After arriving in the ER, a CT scan showed that her brain was bleeding. But a doctor's alleged error led to a misdiagnosis and delayed treatment.
]]> According to the victim family's lawyer, prompt medical treatment would have produced an excellent result. Instead, the woman lapsed into a coma before the mistake was rectified. At that point, it was too late. The woman eventually died from the injuries.Although some courts give ER doctors leeway in terms of medical malpractice cases, the doctors still have a duty to provide quality care to their patients. Mistakes made by ER doctors commonly lead to medical malpractice lawsuits.
One mistake frequently made by ER doctors is a failure to properly diagnose a patient. Such a mistake, even if it only costs the patient a few hours of time, can be devastating to a patient's health.
The case of this 45-year-old woman is an example. The doctors caught the apparent mistake within hours of it happening, but at that point it was too late to save the woman. Doctors are often expected to make the right diagnosis the first time. When they do not, they can be liable to a patient or the patient's family for any harm caused by the delay.
Source: The Record, "Medical negligence trial involving Chilton doctor gets under way," John Petrick, April 26, 2012
]]>The family of the victim sued the doctors involved in the man's care for their medical mistakes that led to the man's untimely death. The family established standard of care and proved that the doctors breached that standard. The children also testified that they suffered significant mental and emotional distress as a result of the loss of their father. Even though the jury found negligence on behalf of the doctors, the children were not awarded any money. The man's widow, however, was awarded $1 million.
]]> According to court documents, the man underwent heart surgery in 2003. He returned to his home in Minnesota where it was determined that he had an infected replacement valve. He was admitted to a hospital but died the next day.The children appealed the jury's decision and the case went to the Arizona Supreme Court. However, the court ruled that the jury acted appropriately and could find the doctors negligent without awarding the children any money.
Illinois residents should keep in mind that medical malpractice laws vary by state, so the decision by the Arizona Supreme Court does not affect the laws in Illinois. Nonetheless, the decision illustrates the importance of considering all aspects of a medical malpractice case.
Despite the lack of compensation for the victim's children in this particular case, anyone who suspects that a doctor's error caused them harm would likely benefit from consulting with a medical malpractice attorney.
Source: Arizona Business Gazette, "Court backs jurors in negligence decision," Howard Fischer, April 26, 2012
]]>A patient injury resulting from a medical mistake made by a physician's assistant can lead to a medical malpractice case, just as a surgeon's error can. The law of medical malpractice applies to nearly all medical situations and medical professionals.
]]> The physician's assistant intended to inject the patient's shoulder with a syringe containing an anesthetic. But the syringe actually contained epinephrine, which is used to treat life-threatening allergic reactions. Although doctors recognized the mistake almost immediately, some of the damage was irreversible, and the patient suffered a heart attack as a result of the injection.The physician's assistant dealt with disciplinary proceedings brought by the Department of Health and the state Medical Board. But those organizations acknowledged the assistant's relatively clean record and early recognition of the mistake, factors which led to reduced penalties.
Patients should understand that mistakes can be made by any hospital personnel. If a mistake is made at a hospital, whether by a doctor, nurse, or some other individual, and that mistake leads to an injury, the patient may be able to sue for medical malpractice.
Medical malpractice law varies by state and can be extremely complicated, often involving expert testimony. Anyone who believes that he or she might have a medical malpractice case would be wise to consult with a local attorney experienced in medical malpractice law.
Source: The Ledger, "Board OKs Settlement in Wrong Medicine Case of Physician Assistant at Watson Clinic," Robin Williams Adams, April 18, 2012
]]>However, an increasingly problematic nationwide shortage of essential medications has been leading to more and more medical errors by doctors and hospitals. In fact, shortages of medications in hospitals have been tied to medication errors in at least 15 deaths since mid-2011.
]]> For example, a hospital might face several back orders of a critical anesthetic. When the order finally arrives, supplies are nearly gone. The hospital staff must mix the drug with saline and put the mixture in syringes in order to prepare it for use. The staff has to rush in order to keep doses available or the hospital will be unable to function. Because of the hurry, a staff person improperly mixes the drugs, resulting in a solution that is much too strong. If an unknowing doctor injects a patient with the improperly mixed syringe, cardiac arrest or even death could result.This is the type of chain of events that can result in a medical malpractice case. Hospital staff members have an obligation to properly prepare and administer drugs. If a hospital fails in that regard -- medication shortage or not -- it will likely be liable for any injuries caused, including the death of a patient.
However, drug shortages do not always or automatically result in medical malpractice liability. Medical malpractice law is complex and most cases depend on the opinions of expert witnesses. Patients who have been victims of medical errors should speak with an experienced medical malpractice attorney about their options.
Source: The Bangor Daily News, "Shortages of key drugs force hospitals to scramble," April 14, 2012
]]>One such story involves a 62-year-old man who underwent surgery for stomach cancer. Immediately after surgery, the man experienced severe abdominal pain. The significant pain and discomfort occurred three days before the hospital ran an X-ray and CT scan which revealed that a piece of surgical equipment was left in his body. The foreign object was an eight-inch-long and two-inch-wide retractor.
]]> According to a medical malpractice lawsuit filed by the man, the object caused a perforation in his duodenal stump, leading to an abscess and an infection.The hospital has denied responsibility for the complications. According to the hospital, the abscess and infection would have occurred even if the object had not been left inside of the patient.
In a medical malpractice lawsuit, a patient must not only prove that a doctor acted negligently, but also that the negligence caused harm to the patient. In the 62-year-old's case, the hospital has conceded that a surgical error was made. However, it argues that the complications were not actually caused by the surgical error.
The hospital did offer the man a settlement. However, he refused the offer.
If the case goes to trial, a jury will likely determine whether the foreign object caused the abscess and infection. In order to persuade the jury, both sides will likely present expert witnesses who will explain the likely consequences of leaving an object inside of a person. Because expert testimony is often necessary to win, medical malpractice cases can become very complicated. As a result, victims of medical errors would be wise to contact an experienced medical malpractice attorney.
Source: KWTX, "Man Sues Scott & White Over Surgical Glitch," Megan Fleetwood, April 2, 2012
]]>The possibility of a doctor receiving an unsettling text from a spouse in the middle of surgery is enough to unnerve the most confident patient. But there is increasing evidence that mistakes due to the use of personal mobile devices are on the rise.
]]> Tablet computers and smart phones can be wonderfully helpful companions to doctors. Mobile devices can be used to show patients illustrations or animations of medical problems or procedures. They can also be linked to hospital software, allowing doctors to change prescriptions or care plans instantly.But the many uses of mobile devices in health care settings are encouraging doctors to use their own personal devices while on the job. This means that the doctor may be notified of every new email, text, tweet or Facebook message instantly.
In one case study produced by the Agency for Healthcare Research and Quality, doctors at a nursing home decided to take a patient off blood-thinners. The doctor responsible for recording the new order was interrupted by an invitation to a party. She never finished the order, and a subsequent open-heart surgery nearly killed the patient as a result of the mistake.
Other studies, including one by the Journal of Medical Internet Research, have found that not only do smart phones increase disruptions in health care settings, but that those disruptions increase the likelihood of mistakes occurring.
If a person is injured because of a doctor's negligence they may be able to file a medical malpractice lawsuit. An attorney with experience in handling cases of medical malpractice and other errors in the health industry can assist injured patients and their families in fighting for the compensation they deserve.
Source: Kaiser Health News, "Doctors' Smartphones And iPads May Be Distracting," Jenny Gold, March 26, 2012
]]>Microsoft co-founder, Paul Allen, recently donated $300 million to the Allen Institute for Brain Science, a foundation working toward a better understanding of how to treat autism, Alzheimer's disease, traumatic brain injuries and brain damage.
]]> Allen's total contributions to brain research have now reached half a billion dollars, including the $100 million with which the Institute was founded in 2003. The organization has a 10-year plan to better understand fundamental questions about the human brain.Leaders in the field note the groundbreaking approach taken by the Allen Institute, including the recruitment of doctors and scientists from top universities to achieve a common goal. The foundation plans to double its staff with the new funding for initiatives.
Although the Allen Institute may pioneer incredible new treatments for brain disorders, negligence is unlikely to ever be completely eradicated from the medical field. Accidents can and still do happen, regardless of the money devoted to further understanding of brain injuries and how to prevent them. The brain is one of the most intricate and complex organs in the human body and neurosurgical errors can lead to permanent injury or death. Patients in southern Illinois should be aware of their potential rights to compensation in the event of medical malpractice.
Source: Huffington Post, "Paul Allen, Microsoft co-founder, gives $300 million for brain research," Deena Beasley, Mar. 21, 2012
]]>One woman claims that the physician in question misdiagnosed her husband, provided poor care and even caused the man to die. She filed a lawsuit against the physician on Mar. 14.
]]> Just two days before, another family filed a lawsuit against the physician for causing a patient to suffer a painful body rash, providing poor treatment and making a serious medical decision without consulting with the patient's wife. The family is asking for about $400,000 for the physician's alleged negligence.Patients trust that their physicians will provide them with proper care and treatment. Although it is unclear how this specific case will turn out, it is a reminder that when a doctor or other medical professional is negligent and causes harm to a patient, they may be held responsible through a medical malpractice lawsuit.
According to the National Academy of Sciences, about 100,000 people die every year in the United States as the result of medical errors. People rely on their doctors to diagnose and treat them properly. However, that does not always happen.
When an individual or family member in Illinois is concerned that they are a victim of medical malpractice it may be wise to consult with an experienced medical malpractice attorney. An attorney can review a case and help people get the compensation they deserve through a medical malpractice lawsuit.
Source: OC Weekly, "Orange County Doctor gets Hit with Two Medical Malpractice Lawsuits in Two Days," R. Scott Moxley, Mar. 20, 2012
]]>The couple learned that they were pregnant when the wife was 34. At that age, 1 in 250 women give birth to a baby with Down syndrome. However, an early test indicated that the mother in this case was at an even greater risk of delivering a baby with Down syndrome.
]]> The mother decided to have a chorionic villus sampling to determine if her baby had the condition. When the test results came back negative, the couple was overjoyed.Sadly, their happiness was short-lived. When the baby was born, test results showed that she had Down syndrome.
The couple has sued the hospital where the test took place and the laboratory where the test was processed claiming that they likely would have terminated the pregnancy had the test results been accurate. Although they love and adore their daughter, her condition will require life-long care. They estimate her extra care will cost about $3 million.
The case has gone to trial and 12 jurors will determine whether the hospital and laboratory were in fact negligent.
It is unknown at this time how the case will turn out, but it serves as an example that patients who have not been diagnosed or treated properly may seek compensation through a medical malpractice lawsuit.
Source: The Oregonian, "Portland-area couple sues Legacy Health for $3 million for 'wrongful birth' after child born with Down syndrome," Aimee Green, Mar. 8, 2012
]]>When someone is harmed because of surgical errors, they may be able to file a medical malpractice lawsuit. In 2009, one man discovered he had been infected by a dirty surgical tool used during rotator cuff surgery. The man endured a lengthy recovery and even relied on nurses to help him bathe and dress himself. He continues to suffer pain and no longer has full use of his arm.
]]> It appears that the problem of dirty surgical tools making their way into operating rooms is not that uncommon. Between 2002 and 2009, more than 10,000 patients in three different states became infected after dirty surgical tools were used on them. Shockingly, some patients even contracted HIV and hepatitis B and C.The problem can be blamed a number of different factors. Many of the tools are cleaned by workers who are earning minimum wage. Many of them are pressured to speed up the process in order to get more people through the operating room.
Additionally, the tools that doctors use are much more complex than in the past. Many are now made from plastic and tungsten and are much harder to clean.
Most importantly, there are questions over whether or not those who are cleaning the instruments have proper training. Some have suggested that the cleaning should be done by licensed workers. Right now only one state requires workers to go through a training program.
Patients in Illinois and beyond should not have to worry about dirty surgical tools infecting them during surgery. When people have surgery, they expect they will leave better than when they arrived. However, that does not always appear to be the case.
Source: MSNBC, "TODAY Investigates: Dirty surgical instruments a problem in the OR," Stacey Naggier and Kerri Zimmer, Feb. 22, 2012
]]>Researchers have found that about 15 percent of surgeons have an alcohol problem. Even more shocking, of the more than 700 physicians who admitted to making a serious mistake in the last three months, about 77 percent appear to have an alcohol problem.
]]> The study was completed by researchers at the University of Washington. They asked surgeons about work, their lifestyle and mood. Although the demands from their job likely contribute to the problem, researchers are not sure why surgeons are more likely to have issues with alcohol. However, data shows that surgeons who are suffering from depression and burnout are more likely to suffer from alcoholism.In total, 25,000 surveys were sent out, but researchers only received slightly more than 7,000 responses. Although the percentage of surgeons with alcohol problems is high, there may be even more who are too afraid to admit they have a problem.
If a surgeon harms a patient due to their own negligence, they should be held responsible. Patients put their lives in the hands of their surgeons, and it is the surgeon's responsibility to ensure that nothing interferes with their ability to provide the patient with the best care possible.
Source: Reuters, "Alcoholism not uncommon among surgeons," Kerry Grens, Feb. 22, 2012
]]>At the insistence of her husband, a woman went to a hospital to be treated for depression. However, because she is an illegal immigrant without proper paperwork, she was turned away. The woman's family noticed that she was depressed and say she even asked a relative to care for her two children if anything happened to her.
]]> One morning, the woman's husband went to the market and returned to find that his wife had drowned their one-year-old daughter and attempted to drown their five-year-old daughter. The five-year-old girl was taken to a hospital and remains in serious condition.The mother has since been arrested and is being held on $1.5 million bail for suspected murder and attempted murder.
Mental health issues are very serious. As evidenced by this case, when a person does not receive proper treatment they may hurt themselves or others.
It appears the hospital was negligent when they failed to diagnose and treat the woman for her apparent depression. Although no one can know for sure, the family's one-year-old daughter may still be alive today if she had received proper medical attention.
Source: Los Angeles Times, "Drowned girl's mom sought help, was rebuffed, relative says," Feb. 16, 2012
]]>Here's something interesting about Santorum. Although he has long been a staunch supporter for capping the damages awarded in medical malpractice cases, in 1999 he helped his wife Karen seek $500,000 from her chiropractor after she was allegedly injured under his care.
]]> This is clear proof that even people who are against medical malpractice lawsuits may find such lawsuits useful when they are the ones who are affected by a doctor's mistake or inattentiveness.Karen Santorum filed her medical malpractice suit because she claimed a chiropractor herniated a disc in her back and she needed to have surgery to correct the issue. She asked for $500,000, and was awarded $350,000, but that sum was later reduced to $175,000. Santorum testified on his wife's behalf during the trial.
Santorum once co-sponsored a bill capping medical malpractice lawsuits at $250,000 for non-economic damages, so some in Washington have taken him to task for the incongruity between his public stance on this issue and his private life. Santorum has countered that it was his wife who filed the lawsuit, not him, and that he does not necessarily approve of everything she does. He also said that while he believes in capping medical malpractice suits, he is not "wedded" to the $250,000 figure.
Source: ABC News, "Rick Santorum's Medical Malpractice Lawsuit," Jonathan Karl, Feb. 14, 2012
]]>But a recent study raises some concern in that regard because it found that doctors lie more often than you might think, especially when it comes to their own mistakes. A significant portion of those polled in the survey said they did not think patients needed to be told of doctor errors.
]]> The study was performed by researchers from Harvard Medical School and has been published in the February issues of the journal Health Affairs. Its most alarming conclusion is that 34 percent of the physicians surveyed did not "completely agree" that patients should be made aware of medical errors that affected them. The 34 percent of doctors who did not "completely agree" said they either only partially agreed with that statement or did not agree at all.On top of that, 20 percent of the physicians polled said they had kept a mistake from a patient because they were worried about getting sued.
In a different but related study that examined why doctors withheld information about errors from patients, some doctors said they did not believe they had made a mistake, others said they did not think it mattered because nothing could be done and other said (once again) that they feared the repercussions.
Source: My Health News Daily, "Many docs tell white lies, study finds," Feb. 8, 2012
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