The results of a recent survey show that many pregnant women undergo invasive interventions and medical procedures without full knowledge of the risks and alternatives. In certain areas, perinatal care recommended by the doctors or staff does not follow established best-practice guidelines. The survey was conducted by the non-profit group Childbirth Connection, and included responses from 2,400 women who recently gave birth.
]]> Two of the most pressing issues highlighted in the survey included under what circumstances labor should be induced and under what circumstances the baby should be delivered via C-section. The survey revealed that 41 percent of women had labor induced rather than waiting to go into labor naturally. About 25 percent of these women said they agreed to induction because they felt pressured by their health care provider.Furthermore, the reasons commonly given by providers for why induction was necessary were not always proper justifications for the procedure. Reasons included that a mother had reached her due date or that the baby might have been getting large.
The subject of C-sections was also a major issue highlighted by the survey. The complication risks are different based on whether a woman has previously given birth via C-section. Many mothers who had given birth this way wanted to deliver vaginally on their second pregnancy but a significant percentage were not allowed to do so.
There are few experiences as rewarding and rare as the birth of one's children. For this reason, pregnant women should be given a larger decision-making role in their perinatal care, and doctors should respect that role by helping inform their patients of all options and risks. Commenting on the study results, the executive director of Childbirth Connection said: "Our survey suggests that pregnant women need to take a more active role to make sure they get the care that is best for themselves and their babies. They need access to trustworthy information about the benefits and harms of interventions, to educate themselves, and be their own advocate."
Source: Consumer Reports, "Pregnant? Watch out for unnecessary c-sections and other questionable medical procedures," May 8, 2013
]]>Sadly, even if you do everything right, you can't guarantee that a pregnancy and delivery will be free from complications. A significant number of birth injuries are caused, not by a mother's mistakes, but by the negligence of the hospital and its physicians. Complications or injuries during birth can irreparably damage a newborn for the rest of his or her life.
]]> As just one of many examples of the heartbreaking consequences of birth injuries, an Illinois woman has filed a lawsuit against the obstetrician and midwife who delivered her baby. Her lawsuit alleges that because they repeatedly ignored signs of fetal distress and failed to deliver the baby quickly enough, her daughter was born severely and permanently disabled.The plaintiff alleges that her daughter was so badly injured during delivery that she will never be able to walk, talk, think, work or enjoy life. Additionally, medical bills and other care costs that the family will incur are estimated to total tens of millions of dollars.
It is frightening and heartbreaking to think that an otherwise healthy baby could suffer so much harm during the transition from the womb into the world. That's why competent and experienced perinatal care is crucial to successful childbirth. When doctors are negligent in their care, both parents and children deserve to be compensated.
Source: Madison-St. Clair Record, "Obstetrician and midwife accused of failing to timely deliver infant," Kelly Holleran, May 2, 2013
]]>Many people incorrectly assume that medical malpractice suits are wasteful and that their payouts are greatly contributing to the rising costs of medical care generally. In reality, neither of these assumptions is based in fact. Medical malpractice lawsuits serve to hold healthcare providers accountable for substandard care that significantly harms patients. And the malpractice claims that these victims receive are both necessary and not a drain on the system.
]]> When a victim suffers malpractice, their personal injury claim most often amounts to the cost of related medical care and nothing more. Tragically, medical malpractice award caps have even left scores of victims unable to pay their related medical bills. In addition, these claims do not tax the system in the ways that most Americans may have been led to believe.According to a study recently released by experts at Johns Hopkins, medical malpractice settlements and awards comprise much less than one percent of America’s annual medical expenditures. The healthcare system is in dire need of reform. However, the idea that victims of medical malpractice are somehow leading to the system’s decline and that they should not be allowed access to adequate compensation for their injuries is quite simply false.
Source: Claims Journal, “Catastrophic Malpractice Payouts Add Little to Health Care’s Rising Costs,” Johns Hopkins Medicine, May 2, 2013
]]>A great example of this is a New York case that has been making national headlines. It involved a lawsuit against a hospital filed by the parents of a 10-year-old girl who suffers from severe cerebral palsy due to inadequate and negligent perinatal care. On the advice of their attorney, the parents rejected an $8 million settlement offer; and although it took some patience and persistence, the family was eventually awarded $130 million by a jury.
]]> The lawsuit alleged that the staff at a Port Jefferson, New York, hospital failed to notice that the newly delivered baby had been deprived of oxygen at birth. As a result, she now has a severe case of cerebral palsy and cannot walk or speak. She requires 24-hour medical care each and every day.The attorney convinced the girl's parents to reject an $8 million settlement offer. When they did, the case went to trial and they lost. The family was devastated and the attorney was mocked in the press.
However, he was tenacious and appealed the verdict. After several years and a lot of struggle, the family was eventually awarded $130 million by a jury. Commenting on the outcome, the attorney said: "This case was a living nightmare for four years, but the family never gave up and I never gave up."
The girl's mother added that "the agony of the last 10 years is finally ended with the knowledge that our beloved daughter will be protected for the rest of her life."
Not every medical malpractice lawsuit ends so triumphantly for the plaintiffs. But this case shows that even if a settlement offer seems lucrative, it may just be a physician's or hospital's attempt to avoid paying even more money because they know that they made a preventable and devastating medical error.
For this and other reasons, anyone who has been harmed by medical negligence should seek the help of an experienced medical malpractice attorney.
Source: New York Post, "This lawyer turned down $8M... and got them $130M," Julia Marsh and Bob Fredericks, Apr. 18, 2013
]]>Reports have shown that surgical errors appear to still be prevalent when da Vinci is used to perform operations. According to the Food and Drug Administration, the number of mistakes made during operations involving robots has been on the rise. In 2012 alone, at least five people were reportedly killed due to surgical errors made in operations in which robots were used.
For instance, in one case a man from New York was having prostate surgery. During the operation, his colon was punctured by the robotic arm. Other cases have shown problems with the robot itself. During a colorectal surgery, the surgeon was unable to get the robotic arm to let go of tissue that it grabbed during the surgery.
Individuals who are injured due to surgical errors would be wise to seek the advice of a skilled personal injury attorney to ensure their rights are protected.
Source: CBS News, "FDA eyes increase in freak accidents during robotic surgeries," April 9, 2013.
]]>With this in mind, one medical malpractice attorney in New York has come up with an idea that has been well received by fellow attorneys and judges. He wants to create a central database of closed medical malpractice lawsuits with names and identifying information removed. Doctors and medical schools could use these as real-life case studies in order to learn from them and improve patient safety.
]]> Medical malpractice lawsuits are intricate. Lawyers for both sides spend hundreds and sometimes thousands of hours researching the facts of a given case. They may also bring in independent medical experts to review the details of a malpractice claim in order to determine what went wrong and how it could have been prevented.When the case is over, that mountain of information usually gets filed away and is unavailable for public review. If this attorney's proposal is adopted, however, medical professionals and medical students in New York would have access to these powerful teaching tools.
The attorney recently held a panel discussion to get feedback from judges and experts in medical malpractice cases. Those in attendance seemed quite positive about the idea. The only concerns were about protecting the anonymity of plaintiffs and defendants, which seems easy enough to address.
If the proposal were to be implemented, New York would be the first state in the U.S. to create a centralized clearinghouse for closed medical malpractice cases. Hopefully, the proposal will be adopted and New York can set a positive example for other states to follow.
Source: Thomson Reuters News & Insight, "Tapping medical malpractice cases for safety lessons," Terry Baynes, Apr. 11, 2013
]]>Unfortunately, there are some doctors who have very little regard for patient safety, which causes them to take a recklessly lax approach to examination and diagnosis. Unsurprisingly, this eventually leads to misdiagnosis or delayed diagnosis of serious and life-threatening conditions.
]]> While it didn't occur here in New York, a recent medical malpractice verdict highlights the dangers that these negligent doctors pose. In 2004, a Washington State woman visited a local physician. She was suffering from pneumonia, but this was not the diagnosis she received. After a very incomplete physical, the doctor somehow diagnosed the woman with terminal cancer.Thankfully, she did not actually have this fatal disease. However, because the doctor failed to diagnose and treat her pneumonia, her illness caused her to lapse into a coma. Eventually, this led to the amputation of her left foot.
After hearing this evidence, the jury ruled in favor of the plaintiff and she was recently awarded $813,000 in damages.
This was not the doctor's only serious case of delayed or misdiagnosis. In 2007, he was fined twice by the state for diagnostic errors. The first involved a failure to diagnose a patient with rectal cancer over a period of six years. The second involved a failure to recognize and treat one patient's cardiac symptoms. The patient later suffered a heart attack.
Thankfully, negligent physicians like this one are the exception and not the rule. Nonetheless, the harm they cause to patients cannot be understated. That's why anyone who has suffered harm as a result of physician error or negligence should speak with an experienced medical malpractice attorney.
Source: The Spokesman-Review, "Suit against doctor yields $813,000," Thomas Clouse, Mar. 29, 2013
]]>However, taking the settlement may not always be in your best interest. In many cases where patients have filed a medical malpractice lawsuit, hospitals will offer a settlement amount that is substantial but significantly less than what patients could be awarded if the case went to trial. In other cases, patients might request a settlement amount without knowing how much compensation they may be entitled to in a jury trial.
]]> A good example of the latter scenario comes from Pennsylvania, where a man was recently awarded $250,000 in a medical malpractice lawsuit. The man had sued the hospital that removed his gallbladder. In his lawsuit, he alleged that after his 2007 surgery, the hospital failed to provide prompt and appropriate treatment for his post-operative medical issues.As a result of this delayed care, the lawsuit alleged, the patient sustained a severe hernia. The injury limited his ability to work his job and perform household tasks. The hernia also required additional operations to correct.
Prior to the trial, the patient and his wife offered to settle with the hospital for $100,000. The hospital's refusal of that offer worked to the man's advantage, however, as he was ultimately awarded a figure 2.5 times higher than his original offer.
Whether a medical malpractice settlement offer comes from the hospital or not, no injured patient should agree to or propose a settlement without legal counsel. A qualified medical malpractice attorney can help injured patients understand their rights and legal options.
Source: PennLive.com, "Dauphin County jury awards $250K damages in medical malpractice case," Matt Miller, Mar. 11, 2013
]]>It is up to organ procurement organizations to evaluate each organ donor's suitability, and up to hospitals to confirm that an organ is both viable and disease-free before it is implanted. Negligence on the part of any healthcare professionals in this area can lead to deadly infections in patients.
]]> Sadly, the Centers for Disease Control and Prevention recently confirmed that a patient in Maryland contracted and died of rabies as a result of a donated organ. In 2011, the organ donor became ill and was admitted to the hospital where he or she later died. The donor's kidneys, heart and liver were donated to four recipients around the country.Because rabies wasn't suspected, doctors never tested for it. Almost a year after the patient in Maryland was implanted with an infected organ, the patient died of rabies. The CDC has confirmed that the donor and the recipient died from the same strain of rabies, and other recipients with organs from that donor are now being carefully monitored.
A case like this is rare, but it happens. And when it does, the results can be devastating or deadly. Any families who have lost a loved one because of an infection sustained during the course of medical treatment may wish to contact an experienced medical malpractice attorney.
Source: Centers for Disease Control and Prevention, "CDC confirms rabies death in organ transplant recipient," Mar. 15, 2013
]]>For most of us, this nightmarish scenario would be deeply traumatizing. Yet nearly 30,000 Americans a year suffer this fate; a condition called "anesthesia awareness." Sometimes it happens because of the unique way a patient responds to anesthesia. Other times, however, it is due to preventable anesthesia errors.
]]> In one recent medical malpractice case, a Mississippi man claims that his doctors "tortured" him after he awoke in the middle of cataract surgery. In his complaint, the man says that he was able to speak when he awoke and asked his surgeon to stop the procedure. But the medical staff allegedly put tape over his mouth and continued the operation.The man even claims that he was held down so forcefully that one of his teeth was knocked out and swallowed. To add insult to this alleged injury, his surgery was unsuccessful and the man has lost all vision in his right eye.
If these allegations are true, they represent offenses far more reprehensible than medical errors alone. In many respects, this patient's experiences were unlike those of other victims of anesthesia awareness.
But what is similar is the fact that anesthesia awareness can be extremely frightening, injurious and traumatic. When such injuries are the result of anesthesia errors, negligent physicians need to be held accountable.
Sources:
Louisiana Record, "Man who awoke during cataract surgery sues over loss of vision and alleged 'torture'," Kyle Barnett, Feb. 23, 2013
OpposingViews.com, "Man Sues Over Loss Of Vision And Alleged Torture After Waking Up During Cataract Surgery," Sarah Rae Fruchtnicht, Feb. 26, 2013
If any doctor fails to correctly diagnose a serious medical issue, it could put our health or even our lives in jeopardy. For some conditions, even a delayed diagnosis of just a few hours can cause significant and long-lasting damage.
]]> A good example of this comes from a recent medical malpractice lawsuit in Utica. The plaintiff is a 22-year-old girl who suffered an ischemic stroke when she was just 16. She was rushed to St. Elizabeth Medical Center, but it took seven hours for the staff to finally consult with a neurologist and correctly diagnose her condition.By this time, it was too late to take advantage of a certain clot-busting medication, because it was only effective if administered within the first three hours after a stroke. As a result of her delayed diagnosis and treatment, the young woman still suffers significant problems with speech and movement, and has had to endure years of physical therapy.
Thankfully, the jury hearing the case ruled in favor of the determined young woman, and awarded her $1.25 million to cover past medical expenses as well as compensate her for pain and suffering in the past and future.
This case shows that during an emergency, a delay of even a few hours can be devastating to a patient's health. That's why it is critical for physicians to follow diagnostic protocols and find answers as quickly as possible.
Source: UticaOD.com, "$1.25 million awarded in St. Elizabeth malpractice case," Rocco LaDuca, Mar. 4, 2013
]]>Recently, the Journal of the American Medical Association Internal Medicine did publish a study on primary care physicians, and the news isn't good. According to the study, primary care doctors in outpatient settings often fail to diagnose serious conditions, including cancer, congestive heart failure and pneumonia. In many cases, misdiagnosis and delayed diagnosis can result in fatal consequences.
]]> Why are these diagnostic errors so common in outpatient settings? According to researchers, many of the mistakes stemmed from a doctor's failure to properly examine their patients or to compile accurate medical histories.The study also revealed that primary care doctors commonly forgot to complete critical steps in patient care. As a result, many patients had medical emergencies within days of the leaving the doctor's office; emergencies that could have been averted if those steps had not been forgotten.
Failure to correctly diagnose a disease is always serious. When the patient is suffering from a disease that is not life-threatening, misdiagnosis results in unnecessary and prolonged suffering. But with diseases like cancer or congestive heart failure, any loss of time in identifying and treating the illness could lead to irreversible health damage or even death.
Hopefully, studies like this will be a wake-up call for the entire medical community. Patients put a lot of trust in their primary care physicians, and it is time to make sure that this trust is not misplaced.
Source: Syracuse.com, "Study shows docs often fail to detect pneumonia and other serious conditions during exams," James T. Mulder, Feb. 26, 2013
]]>A recent study released by experts at the University of South Florida and the James A. Haley Veterans' Hospital may help to dispel some of these misconceptions. The researchers are currently studying long-term effects of brain trauma. In their most recent report, they conclude that these long-term effects tend to include brain deterioration and cell regeneration loss and suppression caused in part by chronic inflammation.
]]> What this means practically is that over time, brain trauma leads to a less functional and less healthy brain due in part to inflammation of brain tissue. This inflammation and other factors contribute both to cell loss and inability for cells to properly regenerate. However, the study also concludes that therapeutic intervention and treatment of brain trauma at any stage of the condition may help the patient prevent further cell loss.It can be difficult to grasp what effects brain trauma will have on a loved one. However, this latest study boils down the two most important points related to brain trauma. First, brain trauma generally results in long-term effects characterized by cell loss and cell regeneration suppression. Second and most importantly, brain trauma victims can be helped to some extent by treatment, regardless of what phase of their condition they are in at any given point.
Source: News-Medical.net, "Study investigates prolonged pathological outcomes of traumatic brain injury," Jan. 7, 2013
]]>"Patient reports could complement and enhance reports from providers and thus produce a more complete and accurate understanding of the prevalence and characteristics [of medical mistakes],"explained the director of Agency for Healthcare Research and Quality, a federal agency.
]]> Questionnaires would be available at hospitals and clinics, and fliers would be distributed by pharmacies.Examples of medical errors the program hopes patients will provide information on are:
These mistakes may be caused by doctors, nurses or other medical providers. In addition to errors, the government is also seeking information on near misses and unsafe practices. Patients who choose to make reports would then be given the opportunity to allow the information to be shared with the providers involved, so future mistakes could be avoided.
Some doctors worry that patients may misinterpret when a mistake occurs due to a lack of medical knowledge. Consumer groups, however, are behind the program and feel it has the potential to gather a wealth of information useful in improving patient safety.
Although the project has yet to be approved by the White House, it has the potential to improve patient safety and prevent some of the tens of thousands of injuries and fatalities caused by medical mistakes each year.
Source: The New York Times, "New System for Patients to Report Medical Mistakes," Robert Pear, September 22, 2012
For more information on our practice please visit our Albany medical malpractice page.
]]>The construction worker, an employee of Falcon Steel, was transported to Bellevue Hospital Center and was described as in serious condition. According to a spokesperson from the FDNY, both of the worker's arms are thought to be broken.
]]> A spokesman for the construction company managing the 3 World Trade Center site stated that, "At the time of the fall, he was following all OSHA prescribed safety procedures."The site has been plagued with a number of construction accidents this past year. In February, a load of steel beams was accidently dropped 40 stories by a crane, smashing a truck on the road below. Earlier this summer, another construction worker fell several feet onto rebar, fracturing two ribs and bruising his liver. The next day, a crane shattered two large window panes when the beam it was holding crashed into the 46th floor of 4 World Trade Center.
New York Scaffold Law
New York's Scaffold Law aims to protect workers from elevation-related hazards. The law requires that property owners and general contractors follow safety procedures and provide appropriate equipment to construction workers to avoid these types of accidents.
If workers are injured in accidents that fall within the law's reach, owners and contractors may be held strictly liable for injuries that result. Besides scaffold accidents, the law applies to falls from ladders or roofs and some injuries from falling objects. A construction accident attorney can provide further information about New York's scaffold law.
Source: Commercial Observer, "Construction Worker Injured at 3 World Trade Center," Daniel Edward Rosen, August 29, 2012.