Posts Tagged ‘ medical malpractice ’

Tort Reform Video Takes it Too Far–or Right on the Money?

January 24th, 2012. By AbiK

Was clicking around on some attorney blogs, and came across this gem—a rendering of what tort reform could look like for medical malpractice. Clearly it’s a bit over the top in a number of ways–but the point is there. And sadly, it takes a dramatization like this in order to crystallize key points buried in tort reform legislation. 

If you’re wondering what the HR 5 bill is, it’s aim is to “improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” That’s the aim. And it all sounds good—until you start to read and understand what it all might mean to you or your loved one should you find yourself in need of a personal injury attorney.

Oh, and note to self: phrases on a government bill such as “sharing of information” should always pique one’s interest…

Tags: Caps on Damages, HR5 Bill, Liability, medical malpractice, Punitive damages, Tort Reform
Posted in Emerging Issues, Tort Reform | No Comments »

Should Surgeons be Trusted after All-Nighters?

July 25th, 2011. By Hunter West

Say your doctor was on call all night the night before your scheduled 6 a.m. surgery. Would you still want to go under the knife?

It has long been debated that the effects of sleep deprivation can be just as harmful—and just as much an impairment—as that delivered from alcohol, or drugs. Bottom line: when we’re tired, we screw up.

You run off the road while driving, your reflexes are slower. Worse, when you try to counter the fog in your brain and the yawn on your face with copious amounts of caffeine or other stimulants, you have reflexes unsupported by studied thought—a pure reactive state, with little depth or substance from a sleep-deprived brain straining to carry on with the aid of chemicals in the place of rest.

So why is there not more dialog on this with regard to the medical profession and medical errors?

Recently, the Canadian Medical Association Journal (CMAJ) published an editorial on the sleepy doctor syndrome. Not only did the CMAJ target the problem at the doctor and hospital level, it also called upon legislators to develop national standards in the regulated health care industry to protect patients from sleepy docs.

There is valid reason for this concern.

Beyond the temptation for some doctors to wear sleep deprivation as a badge of honor—or hospitals having to make do with fewer staff amidst the realities of a health care system under siege and shrinking health care dollars—are studies that paint an alarming picture of both where we are, and where we’re headed.

According to a story in the Montreal Gazette (5/25/11), studies have shown a near doubling in the rate of complications when surgeons operate with fewer than six hours of sleep—usually following a night on call.

Those complications have been found to include injuries to organs (a slip of the scalpel), and massive hemorrhaging. Such events can put a patient’s life in immediate danger, or affect their health over the long term.

The doctor, in contrast, goes home to a pillow and beyond feeling regret for the error, is not required to live with the consequences of that error for a lifetime. Unless, of course, a medical malpractice lawsuit is filed.

Mistakes happen, and to err is human nature. But in publishing its editorial, the CMAJ suggested that an already serious problem is about to get worse given the increasing complexities of the health care field. “Unprecedented” demands are placed on a doctor’s physical and cognitive health, as a result.

“Those of us who remain overconfident that we can continue to perform our duties properly with inadequate sleep should imagine the reaction if we were made to seek informed consent from each of our patients to accept treatment under these conditions,” state the authors, adding that working while sleep deprived is neither “normal nor acceptable.”

The authors also point out that—in Canada at least—limits on how long a resident, intern or medical student can go without sleep are not extended to practicing doctors, who often work without supervision and are often older and thus even more susceptible to the effects of lack of sleep.

Such situations are ripe for malpractice lawsuits—and doctors, together with the hospitals that employ them, need to be cognizant of that fact. Errors are unavoidable—but they can me managed and mitigated.

There are already efforts underway in other areas of the health care system. Increasing the use of checks and balances—akin to the checklist in the airline cockpit—helps ensure that the surgeon is operating on the correct patient and is performing the correct procedure in, or on the requisite are of the patient’s body.

Similar-looking labels on drug containers are being changed to avoid confusion in the pharmacy. Lawsuits, together with media scrutiny and public outrage, have helped to motivate the powers that be into action.

What of sleepy docs? Will a spate of lawsuits prompt the health care industry to action beyond mere debate? Lawsuits might be business for the lawyers, and monetary settlements necessary for the affected plaintiffs. But most would prefer to have been spared amputation of the wrong leg, or a scalpel nick that brought on a lifetime of pain or complication, all because the doctor yawned at the wrong time, or wasn’t in total control of his movements just because he was so bloody tired.

Maybe you can collect garbage on a few hours sleep. But I, for one, don’t want anyone going near me with a knife if they might be tired and sleep deprived.

Don’t be a hero. Sign out, go to bed, and let someone else do it. And somebody, somewhere needs to come up with a system that guarantees that.

Tags: Canadian Medical Association Journal, CMAJ, doctor error, Hospital Error, medical malpractice, tired doctors
Posted in Drugs/Medical, Personal Injury | 1 Comment »

Should Doctors Tell Patients the Truth to Avoid Malpractice? You Decide

May 3rd, 2011. By AbiK

We get a lot of interesting comments and emails at LawyersandSettlements.com. Why, just yesterday we received an email from someone who claimed to be the “real” Dolly—yes, as in the cloned sheep from 1996, who—I might add—is widely reported to have passed on to that great pasture in the sky in 2003, and apparently on view in all her taxodermic glory at the Museum of Scotland. But no, we have an actual human who’s emailed us and claims to be Dolly incarnate. Who knew?

Be that as it may, we do also receive some more thought-provoking comments—like this one that came in today from Steven.

Honesty may not always be best in a potential malpractice case. Check out this 2 minute video on YouTube showing an actual case history.

Steven claims that honesty may not be the best policy for doctors to follow when the potential for a medical malpractice case is at hand. Steven was responding to an article that appeared on LawyersandSettlements recently titled, “Doctor Says Honesty Is the Key to Expert Witness Testimony“.

I’ve saved you the trek over to youtube, so his video clip is above. Let us know what you think.

Tags: Doctors, medical malpractice
Posted in Drugs/Medical, Emerging Issues | 1 Comment »

My Baby Died from Hospital Infection

April 22nd, 2011. By janem

Often I am asked if I have children and I almost always answer ‘No’. But that’s not true: I had a son and his name was Jarret.

Easter isn’t my favorite time of year. Instead, it is the saddest time for me because seventeen years ago this week, my son passed away from a hospital infection. Jarret was only three weeks old when he died so I didn’t even get to know him.

This is the first time I’ve been able to write about him—it has taken this many years to heal. Of course I will never get over his death, but each year does get easier. And his death was the main reason my husband and I fell apart. My husband wanted to sue the hospital for medical malpractice whereas I just wanted the pain to go away.

I don’t remember exactly what happened surrounding his death because it was like I was down a deep, dark hole and couldn’t get out, or maybe I didn’t want to get out. I remember my family doctor coming over to our house and crying with me; he even suggested that we file a malpractice suit against the hospital. In retrospect, maybe this was the right thing to do; maybe it would have decreased the risk of further hospital infections. I can’t help but think if we did file a lawsuit, would stricter hygiene practices have been put into place sooner? Could we have helped prevent another baby from contracting an infection?

Jarret was a pre-term baby so he was more susceptible to developing an infection. But the doctors assured me that he was doing well and I would be able to take him home soon. He never left the hospital. At three weeks, he developed a staphylococcus infection, which is an antibiotic-resistant bacteria that is very difficult to treat.

Knowing that most hospital infections are preventable, my husband was furious. And now, all these years later, I am finally able to think rationally and I’m angry too. What if Jarret’s infection was caused by a doctor or nurse who didn’t wash their hands?

The number of healthcare-associated infections and deaths in the US is staggering: a study published in the March-April 2007 journal, Public Health Reports, said the CDC estimates that there are 4.5 hospital infections for every 100 patient admissions and nearly 100,000 deaths from hospital infection. One study in the UK found high levels of the MRSA bacteria on ward doors, in corridors and on patient’s toilets and telephones. A hospital administrator said, “About 30 percent of the population are carriers of MRSA. Controlling infection is a huge priority for us.”

I have finally been able to talk about my son without falling apart. Now I’m going to write a letter to the hospital where my son died. I hope every hospital considers infections like MRSA their top priority.

Tags: Hospital Infection, medical malpractice
Posted in Personal Injury | 3 Comments »

Harsh Reality: Elective Cosmetic Surgery vs Medical Malpractice

April 6th, 2011. By AbiK

Just yesterday, we posted about Marilyn Leisz—the New Jersey woman who underwent an operation to fix an earlier operation and a congenital defect—on her eyes. Actually, MSNBC reports that she has had 30 surgeries to correct the problem. But the corrective procedures have left her unable to close her eyes. 

So, Leisz filed a medical malpractice suit against her cosmetic surgeon, Dr. Paul Parker, and was just awarded $115,000. And she’s not happy about it. Who can blame her? After all, the amount seems a bit small given that she has to use a special gel and vaporizer to keep her eyes moist, and she has to sleep with a mask at night to prevent her from scratching her corneas. And she is at risk for blindness—listen to her describe her plight in the above msnbc.com video.

One has to wonder—how did the jury figure out $115,000? as in only $115,000?

Leisz said her life has been thrown into shambles. “I feel like my whole life has been stolen from me,” she told NBC News. “Your eyesight affects everything that you do.”

The simple tasks the rest of us take for granted every day—things like showering, or even sleeping—have become major events requiring a fair amount of preparation for Leisz.

While it’s easy to question why Leisz may have needed (and willingly undergone) some 30 procedures, the interesting part of this is how a cosmetic surgery malpractice case plays out in the legal arena. At least in this instance, it seems as though there’s a bit of a “well, she should’ve known” or “heck, she’s the one who signed on for it” attitude—and maybe at times Read the rest of this entry »

Tags: cosmetic surgery, Dr Paul Parker, Elective Surgery, marilyn leisz, medical malpractice
Posted in Drugs/Medical, Emerging Issues | 6 Comments »