The man's story began in 2009 when he had a stent put in because he had suffered from chest pain. Some weeks after, he started experiencing headaches as well as problems with his speech, vision and memory. The man saw an internist, who in turn sent him to see an ophthalmologist. A CT scan was performed and it did show abnormalities in the brain. The neuroradiologist who read the CT scan told the internist the man's symptoms could be from a stroke, a brain tumor or something else. He advised the internist to have more testing done in order to ensure the proper diagnosis was made.
]]> The internist did not do that. Instead, he met with the "tumor board" and didn't tell the physicians that the man could have anything other than brain cancer. It was later determined the man had suffered several small strokes and never had brain cancer.The man was prescribed two medications, including one that should not be taken by someone who has had a stroke. He testified that after the diagnosis of terminal brain cancer, he considered taking his own life so his family wouldn't have to watch him slowly die.
The judge awarded the man $500 per day for severe emotional and mental distress for the 148 days he thought he was dying. In addition, the man was awarded $300 per day until he learned what was really ailing him.
If you or someone you love has suffered due to a doctor's negligence, contact a Kentucky medical malpractice attorney to learn more about a possible civil claim for damages.
Source: kentucky.com, "Man wrongly told he had terminal brain cancer" No author given, May. 09, 2013
]]>According to the complaint, the man was diagnosed in 2003 with cirrhosis and hepatitis, but not with liver cancer, nor was he monitored for the development of liver cancer. The cancer was not diagnosed until 2011 and by then, the cancer was terminal, although he underwent intensive medical treatment for the disease. He died in 2012 and was only treated by the defendants' in the lawsuit. The woman alleges in the lawsuit that she has been left with medical bills that are quite significant because her husband was not able to work due to his illnesses.
]]> The lawsuit claims the treating physicians were negligent and this negligence not only resulted in the man's death, but also in intensive medical treatments once the terminal cancer was diagnosed. The plaintiff seeks damages for medical expenses, as well as the loss of love, comfort, care and moral support, along with other claims. The amount of the general damages being sought in the case is unspecified and to be proven at trial.If you or a loved one has been injured because of a physician's failure to diagnose in Kentucky, you should contact an attorney experienced in medical malpractice. There are civil remedies that can be pursued to hold those who are negligent responsible for such actions. These types of cases require skilled representation to ensure that your rights are protected and to inform you of all the options available in your case.
Source: courthousenews.com, "Kaiser accused of failing to diagnose liver cancer" Tish Kraft, May. 01, 2013
]]>The woman was to undergo a left--sided craniotomy bypass, but according to the lawsuit, the neurosurgeon performed the surgery on the right side of her brain. The initial surgery was to prevent strokes. When the error was identified, the woman had to undergo a second brain surgery six days later.
]]> The lawsuit alleges that carelessness and negligence by the neurosurgeon and the hospital were the causes of the wrong--sided surgery. The suit claims that the operating room was not set up correctly, and the other employees on the operating team did not stop the neurosurgeon from performing the surgery on the wrong side of the woman’s brainThe lawsuit, which was filed in the Clayton Circuit Court in St. Louis County, seeks unspecified damages, including compensation for disfigurement, emotional distress and future medical costs. The suit is also seeking punitive damages due to “complete indifference or conscious disregard” for the woman’s safety. The woman will require 24-hour care from now on, according to court filings.
Officials from the hospital declined to comment on the lawsuit, saying only that the neurosurgeon is an employee.
When medical malpractice, hospital negligence and doctors’ errors result in injuries, the victim and their families have recourse through civil actions such as the one listed above. Financial compensation can be awarded for pain and suffering, permanent disability, loss of wages, disfigurement and even wrongful death. An experienced attorney can help victims and their families through this process and help them receive the compensation they deserve.
Source: stltoday.com, "Lawsuit accuses surgeon of operating on wrong side of woman's brain," Jim Doyle, April 30, 2013
]]>The medical negligence complaint alleges the teenager went to the clinic to get a prescription for the birth control pills in January 2012. She had a history of blood clots and chest pain, but the doctor gave the girl the prescription anyway. In March 2012, the teen went to the clinic again because she felt the pills were causing her complications. According to the lawsuit, the doctor did not take her off the prescribed birth control pills. The complaint alleges that this was negligent on the doctor's part and the pulmonary embolism was a direct result of this inaction.
]]> The family is seeking an unspecified amount of damages for the death of their loved one, as well as for her mental anguish, and pain and suffering. A trial date has not yet been set.In cases such as these, an experienced, skilled attorney can help the families of those who have lost a loved one due to doctors' errors or medical negligence receive financial compensation. This area of the law is quite complex and an attorney can help his or her clients understand how the process works and what options might be available.
Medical negligence cases often name others besides the acting physician, including nurses and hospitals. An attorney would be able to advise what defendants should be named in such a civil suit to ensure that all parties responsible for medical negligence are held accountable. While it can be difficult to cope with the loss of a loved one, knowing there are legal remedies available can help ease other burdens that may have arisen, such as medical bills or funeral costs.
Source: Central Kentucky News, "http://articles.centralkynews.com/2013-04-12/amnews/38499137_1_pills-alleged-negligence-lawsuit," Todd Kleffman, April 12, 2013
]]>A study published in The Journal of the American Medical Association found that the current system actually rewards hospitals for poor care and that the current payment system leaves little incentive for these hospitals to improve, because the additional treatment necessary after an incident of medical malpractice is much more profitable than the initial treatment.
]]> The study found that patient stays in the hospital increased four times over unaffected patients and the revenue increased by $30,000 for the patients with complications. The researchers analyzed costs of hospital stays and realized that aggressive improvements in patient care would cost the hospital and reduce profitability.The authors were not suggesting that hospitals were intentionally injuring patients so they could charge more for the additional care, but they recommended that insurers stop covering the treatment necessary for dealing with the complications from substandard care. Additionally, the recommend that hospitals be required to publish their complication rates, so that patients would know which hospitals to avoid.
A spokeswomen for insurers noted the current system has "perverse incentives" and an expert on medical economics said the findings were "troublesome but not surprising." One function of medical malpractice lawsuits beyond compensating victims is providing a financial incentive for hospitals to improve their treatment and procedures.
Source: New York Times, "Hospitals Profit From Surgical Errors, Study Finds," Denise Grady, April 16, 2013
]]>This medical malpractice case is unusual in that the insurer, UnitedHealth Group, was sued along with the doctor. The injured patients argued that United Healthcare accepted a low-bid contract from the doctor responsible for the infections, even though they had been warned that the doctor "sped through" procedures and placed his patients at risk for hepatitis, AIDS, and other blood-borne diseases. The doctor wanted to make as much money as possible by "processing" a many patients as possible.
]]> The injured patients infected with hepatitis had asked the court for $1 billion in punitive damages, but the $500 million award is seen as "precedent setting." The jury split the punitive damage assessment between Health Plan of Nevada with $270 million in damages and Sierra Health Services, owing $230 million.Punitive damages are designed to punish wrongdoing by companies. In 2011, UnitedHealth Group had revenues of $101.8 billion, and generated $5.1 billion in profit. In medical malpractice cases, if punitive damage awards are not significant, they are unlikely to change behavior by the company, meaning other patients remain at risk for unsafe medical practices.
As much as they need compensation, a strong motivation among victims of medical malpractice is to force the doctors and hospitals that caused their injuries to change their practices. Punitive damages are one method to drive that message home.
Source: Thomson Reuters News & Insight, "UnitedHealth units hit with $500 mln verdict in hepatitis case," Andrew Longstreth, April 10, 2013
]]>Still a junior in high school, the girl suffered a severe brain injury during the operation to remove her wisdom teeth. She went into a coma and died within ten days. Her autopsy indicated she suffered a loss of oxygen to her brain during the surgery. Her parents filed a medical malpractice lawsuit against the oral surgeon and anesthesiologist involved with the surgery.
]]> The girl was listed as "healthy teenager with no significant medical history" at the time of the surgery. Her parents indicted they wanted to raise awareness of the dangers posed by dental surgery. The allegations in the complaint included five counts of medical negligence by her doctors, with damages in excess of $150,000.Of course, anytime you enter a medical facility for any kind of procedure, there are risks. This is why doctors and hospitals are held to a standard of care. We know they are in control and have our lives, literally, in their hands during a surgery. When doctors deviate from that standard of care, that breach is negligence.
The case settled with a confidential settlement, so we do not know what the terms were, but the statement indicates that it "was settled to the satisfaction of all parties." No matter what the final terms were, it is unlikely her parents where truly "satisfied."
Source: The Baltimore Sun, "Malpractice claim in teen's wisdom teeth death settled out of court," Kevin Rector, April 3, 2013
]]>This situation is a textbook example of nursing home negligence. A severely disabled man, who received around the clock care because of his disabilities, was taken to a bathtub. The worker who was in charge of his care had not been properly trained and filled the bathtub with scalding hot water. He then placed the disabled man in the tub, but because of his autism, he cannot speak or scream. Instead, he struggled to get out of the scalding water. The attendant failed to understand what was wrong and assumed he was having a seizure and held him down in the scalding water.
]]> The man had to be airlifted to the University of Chicago Hospital to treat the third-degree burns he suffered on his feet, legs buttock and back. The burns caused "respiratory failure, pulmonary edema and sepsis," and he suffered permanent brain damage that left him in need of a feeding tube and a ventilator.The man received a $12 million dollar settlement to be placed in a trust, which will be used to provide the elevated care he will require. This case shows the type of injuries that can occur when an untrained employee is allowed to provide care.
Source: Post-Tribune, "Disabled Hebron man wins $12 million lawsuit," Carole Carlson, March 25, 2013
]]>Out of Michigan comes the story of the Executive of Oakland County, L. Brooks Patterson, who was severely injured in a motor vehicle accident last year, when a car turned left in front of his vehicle in Auburn Hills, Michigan. He suffered numerous broken bones and spent almost five weeks in the hospital. His driver, a retired Michigan State Police trooper, was left a quadriplegic by the crash.
]]> While no one died in this accident, it serves to point out why auto accidents result in such a massive cost to the economy. His driver suffered pelvic fractures, traumatic injuries to the chest, rib and sternum fractures, post-traumatic stress disorder, in addition to be left a quadriplegic.The Centers for Disease Control and Prevention (CDC) reports that motor vehicle accidents send 2.3 million vehicle occupants to the emergency room, they calculate the medical costs and productivity loss from these injures cost the nation $99 billion per year.
Because of the cost of lifetime medical care, any one with severe injuries from a motor vehicle accident needs to work with an experienced personal injury attorney to ensure they receive compensation adequate for their injuries.
Source: Detroit Free Press, "L. Brooks Patterson, driver file lawsuit against other motorist in crash," Ann Zaniewski, March 12, 2013
]]>But, according to a story from the USA Today, more than a dozen times a day, the math does not add up. Somehow, a sponge or two is left behind. What follows will not improve anybody's appetite. The body attacks the foreign item and often patients experience pain, swelling and a myriad of other deleterious effects from the item, often for years before the cause is discovered. These cases are always medical malpractice, as it is clearly negligence for medical personal to leave sponges, forceps and surgical equipment inside a patient's body.
]]> Research indicates it happens up to 6,000 times per year. It extracts a terrible toll on its victims, frequently leaving them with a lifetime of ill effects.Yet the solution is simple. A new tracking system allows the electronic tagging of sponges, so a quick scan can be used to uncover any forgotten sponges. But many hospitals have problems adopting the system, amazingly, because they cannot use the argument that stopping one medical malpractice lawsuit will pay for the equipment, because that money is in the legal budget, not the surgical budget. And these organizations complain about government bureaucracy.
It is safe to say that if do not use the system, they will be able to take the price of the system out of their legal budget. Sadly, for the next patient, the hospital still will not have the tracking system.
Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, March 8, 2013
]]>Johnson & Johnson faces more than 2,000 lawsuits alleging that they sold a defective medical device. The women in this case claimed she experienced a "living hell" after the surgery to insert the vaginal mesh. She was forced to undergo 18 surgeries to repair the damage caused by the mesh and alleviate the pain she suffered after the initial operation
]]> The mesh is inserted underneath the skin of the vagina, and is designed to allow the body's tissue to grow into the mesh and this is supposed to prevent prolapse. Problems can occur when the mesh protrudes through the skin of the vagina and can cause significant pain.The compensatory damages are, as their name implies, to compensate a victim for their direct costs associated with their damage. Punitive damages are to punish the wrongdoer for their behavior associated with the product or the trial.
Here, the jury appears to have punished Johnson & Johnson for their behavior in marketing the mesh for vaginal surgeries. The mesh, which had been developed for hernia surgery, had never been tested for use in the vagina before commercial sales began.
Source: Philadelphia Inquirer, "Damages top $11M against J&J in vaginal-implant lawsuit," David Sell, March 1, 2013
]]>There is sometimes a disconnect as to the danger or hazards posed by prescription drugs. Because the drug has a multi-million dollar marketing campaign, with slick ads on television and glossy spreads in magazines, people may tend to discount the "side effects" of many of these drugs.
]]> Side effects really are not side effects, but instead, are less desired effects of the drug. Many of these drugs are very additive and one can become "hooked' on these medicines almost as quickly as with something like heroin.Thomas Friden, CDC director, said, "The big picture is that this is a big problem that has gotten much worse quickly." In 1999, 16,849 deaths were reported as a result of drug overdose, so 2010's numbers represent a 56 percent increase in little over a decade.
Opioid drugs, including OxyContin, Vicodin and hydrocodone were involved with 75 percent of the overdose deaths. Another area of significant concern was anti-anxiety, antidepressants and antipsychotic drugs. Anti-anxiety drugs alone were involved in nearly 30 percent of these deaths.
One doctor pointed out that because of the addictive nature of these drugs, they should be reserved for the most serious illnesses, to avoid addiction for people suffering from some chronic pain.
Source: Associated Press, "Drug overdose deaths up for 11th straight year," Lindsey Tanner, February 19, 2013
]]>There are many types of medical malpractice that can happen during a treatment for a disease or other medical condition. A doctor may diagnose the wrong disease, order the wrong treatment, therapy or drug. A doctor, nurse or other staff member may misread a chart or gave a patient the wrong amount of the right drug.
]]> Breast cancer is the most second most common cancer afflicting women, after skin cancer, and kills more women than any other form of the disease except lung cancer. According to the American Cancer Society, in 2013, "about 232,340 new cases of invasive breast cancer will be diagnosed in women. About 64,640 new cases of carcinoma in situ (CIS) will be diagnosed (CIS is non-invasive and is the earliest form of breast cancer). About 39,620 women will die from breast cancer."Doctors understand early detection is essential and can save lives. The earlier breast cancer is diagnosed, the broader the range of treatments and the greater the likelihood of stopping the cancer while it is still in the CIS stage.
The study found the leading cause of malpractice suits against radiologists was errors of interpretation, not miscommunication. To paraphrase Shakespeare, the fault, dear radiologist, is not in their stars, but in their inability to properly diagnosis the breast cancer.
Source: Oncology Nurse Advisor, "Breast cancer diagnostic errors major cause of malpractice suits," Feb. 4, 2013
]]>EHRs have many positive attributes, given the demands of a modern health care setting. But one area where they may fall short is that as easy as they may be to update, they are even easier to cut and paste. When this type of doctor's error occurs, the outcome may range from inconsequential to catastrophic.
]]> If the same message is pasted for multiple days by one doctor, a different doctor may believe a treatment not working and mistakenly order a new and unnecessary treatment. Alternatively, if they think a treatment has not been ordered they may order a duplicate.One study of the problem used a software program to review doctor's notes and found, "For the residents, 82% of the notes contained 20% or more copied text, while 74% of attending doctors' notes also exceeded that rate of copying and pasting."
One doctor commented, "It's an epidemic." There are various solutions proposed but they all have issues. One doctor suggests getting rid of the current system entirely and replacing it with a Wikipedia-like system, but as with any area of human behavior, changing engrained habits is difficult.
Even simple behavioral changes, like increasing the regularity of doctor's hand washing to prevent the spread of infection, have proven difficult. If you have been subjected to medical negligence due to this type of doctor's error, you should contact an attorney to help with your claim.
Source: American Medical News, "EHRs: "Sloppy and paste" endures despite patient safety risk," Kevin B. O'Reilly, February 4, 2013
]]>She found that checklists are important for hospitals, and have been used extensively in an attempt to prevent various medical malpractice errors, from wrong-site surgery to giving the wrong drugs to a patient. She decided that patients needed their own checklist.
]]> Her goal is to arm patients with the information before they suffer secondary problems related their hospitalization. Because there are so many doctors involved, ensuring communication occurs is vital.An important tip is to be active in the process and ask questions. Doctors may find this uncomfortable, and she suggests some ways to do this without bruising the ego of the doctors.
She had two important suggestions. The first one is that you ask doctors and medical staff to wash their hands. She describes it as the number one thing to prevent infections. Second, she recommends your take notes. You can also use them to ask questions, and to note when medications are given.
Written details provide you with much more credibility and help everyone be mindful of what they are doing. If a doctor or nurse knows you are taking notes, they are more likely to be alert to potential problems, because they know someone is watching.
Source: ProPublica, "A Patient's Guide: How To Stay Safe In A Hospital," Feb. 7, 2013
]]>