Articles Posted in Medical Malpractice

The old business adage “if you are in business long enough, you are likely to be sued” may have some truth to it. Depending on the industry and complexity of the business, mistakes can and will be made. At the same time, the health industry has some of the same risks; especially when it comes to diagnosing ailments and conditions. According to a recent report, because of the sheer number diagnoses and the complexity of delivering care within the current system, it is only a matter of time before a critical mistake is made.

The Institute of Medicine’s report outlines a system wide problem, which includes surgical centers, outpatient facilities as well as doctors’ offices. This means that medical negligence is not confined to hospital errors and surgical mistakes; which is what is often reported in the media. 

Additionally, the exact number of mistakes with regard to diagnoses is unknown, but it is estimated that diagnostic mistakes affect more than 12 million adults each year. This likely contributes to the number of deaths experienced in hospitals each year as well. What’s worse, the data on diagnostic mistakes is quite sparse, which makes potential improvements to health care delivery problematic.

The decision to bring a medical malpractice lawsuit is not always an easy one. For those who have been continually in and out of hospitals for various illnesses, the prospect of confronting doctors is something that they may not want to deal with. Others may feel as if no one will believe them, because doctors have such a seemingly impenetrable reputation in the field. Because of this, there are some people who have been mistreated by physicians who believe that a medical malpractice suit will not make any difference.

The irony is that medical malpractice lawsuits are brought so that people who are mistreated and sickened can have a voice. These actions are important in holding doctors who fail to use reasonable care accountable for their actions. We believe that when unscrupulous doctors answer for failing to use due care, the medical system gets better. There is no better deterrent to malpractice than a lawsuit. 

With this in mind, people who are living with botched procedures, have been cast aside after having terminal diseases misdiagnosed or have suffered through prescription mistakes should know and realize that they have legal rights; and the prominence of a particular physician should not matter when it comes to asserting those rights.

The increased use of body cameras by police agencies across the United States has been a hot button issue in 2015. Some departments may see it as an expensive proposition to protect what the integrity of their work when it is not necessary, while civil rights groups believe it will level the playing field when making excessive force claims.

This new use of cameras may also find its way into the medical field in protecting doctors against medical malpractice cases. The use of cameras in surgical rooms may become mainstream as state legislatures contemplate how to procedures could be recorded and preserved. 

In New York, such a law is being proposed. It is named “Raina’s Law” after 19-year old Raina Ferraro who went into cardiac arrest after the negligent application of anesthesia during a surgery.

Imagine for a moment that you work in a neonatal care unit. A baby has just been born, but with some complications. You and your fellow medical professionals need to take care of this baby, as well as myriad other babies, that are in your neonatal care unit. So, here is the question: since this baby was just born and the parents haven’t decided on a name yet, how do you identify this baby? In fact, how do you identify all the babies? What naming protocol would you come up with?

Most neonatal intensive care units (NICUs) use a simple and generic naming protocol with names such as “babygirl” and “babyboy” being augmented with numbers to identify each baby. These names are put on wristbands that are then put on the babies. One study found that about 80 percent of NICUs use this type of simplified naming to identify patients.

But here’s the problem with this naming structure: all the patients wristbands start to look the same, even with the differentiating number. And, as a result, it is far easier for medical professionals to make mistake and incorrectly identify the patients.

In a hospital setting, a common way to receive pain relievers and other medications is through an IV. Known in the medical profession as a PICC line, they are helpful in delivering medicines to people who are unconscious or need medication to take effect quickly.

While this method is largely effective, it can create unforeseen complications. According to a University of Michigan Medical School report, the risk of blood clots can increase with the overuse of IV devices. Also, physicians should be wary of using IVs with certain patients with a history of clotting issues, especial deep vein thrombosis. 

According to the report, doctors should monitor for clots, make sure that patients continue to take asprin and statins that were previously prescribed, and make sure to remove the PICC before any surgical procedure that takes place. Further, patients are encouraged to ask questions about the PICC and why it is being used.

In our society, drug addiction is a prominent problem. According to a number of media reports, 10 to 14 percent of Americans struggle with a drug problem. When we think of drug addicts, however, the images that are likely conjured are of dirty, disheveled individuals who live in dilapidated houses (or on the street) and are one step away from losing their lives, since they have already lost so much else.

However, there are a number of drug addicts who simply fly under the radar, and they have access to as many drugs as they like. They are doctors. 

According to a dailybeast.com report, doctors who are drug addicts lead some of the most dark, yet brilliant and complicated lives. However, it is indicative of a serious disease that “allows for a great deal of self-pity and mischief.”

Medical malpractice accusations can be staunchly defended. After all, physicians, who have been trained since college to be right all of the time, do not take kindly to having their expertise questioned. Nevertheless, this is what occurs in a medical malpractice lawsuit.

With the amount of money that can be awarded in medical malpractice suits, and the threat to a physician’s reputation, you can expect that there will be some strong defenses. This post will highlight a few common ones.

Statute of limitations – If a plaintiff does not bring a lawsuit in the amount of time allowed under law, a doctor could argue that an action is “time barred.”

When we go to the hospital or seek treatment for an injury, we inherently trust our doctors to act in our best interests. After all, why wouldn’t we? We know that physicians go through an inordinate amount of training and they know about how ailments and diseases are caused and treated. However, there are some instances where their training and experience may not give them the right answers. Also, as a patient, you know your body better than anyone, and sometimes a treatment may not be as beneficial as it needs to be.

In these instances, it is imperative that you take steps to protect your health; especially considering that doctors commonly feel that you are not the least bit qualified to express directives about your health. So to avoid potential medical malpractice, we offer the following tips:

Know your medical history – Regardless of how many (or how few) times you have been to the hospital, it is important that you have a solid idea of what your medical history is; including when you have had surgery, medications you have taken (and are on right now), and how you have dealt with ailments in the past.

Medical malpractice cases are not easy cases to bring. There can be obstacles in proving that a doctor failed to act as a doctor with similar knowledge and experience would in similar circumstances. One of the primary issues in bringing a medical malpractice case is actually knowing whether you have been harmed by a doctor’s mistake.

After all, most people trust their doctors; even to a fault. Also, as time goes by after a surgery or other diagnosis, a patient may not even realize where their ailment emanates from. Because of this, it is important to remind our readers about the limitations that exist in bringing a medical malpractice claim. 

According to medical malpractice law in New York, such a suit must be brought within 30 months of the alleged event that caused a person’s harm. Unlike many states, New York’s medical malpractice statute of limitations is based on when a patient was last treated; instead of when the prospective plaintiff discovers (or should have discovered) the doctor’s error. Because of this difference, a potential plaintiff may have a limited time to bring suit in New York compared with other states.

After decades of changes and law changes in a majority of states, it appears that medical malpractice reform is still a controversial topic. Indeed, physicians (and insurers) are afraid of multi-million dollar malpractice awards, and the way medicine is practiced (with defensive medicine) is indicative of this. With that said, wouldn’t it be worth taking a chance on another form of reform?

In a prior post we discussed the prospect of safe harbors, which essentially are ways for physicians to correct potential wrongs, or give additional recommendations to correct them, without the fear of admitting to facts that would give rise to a medical malpractice suit. The prospect is important because it may improve patient care. After all, the goal of such rules would be to protect doctors from frivolous lawsuits. With this fear effectively abated, doctors are likely to focus on real health issues, instead of testing to rule out things out of fear of a lawsuit down the road based on a missed diagnosis.

Ironically, according to a study conducted in Oregon where researchers reviewed cases to determine if safe harbor rules would help doctors, it turns out that they probably would work against them. Only a handful of cases would have been decided differently, according to a recent Forbes article. However, the researchers found that patient care would have been improved since the safe harbor rules would protect doctors who follow specific care guidelines.