Syracuse Personal Injury Law Blog

New technology could reduce patient mortality rates

Published on: October 22, 2014 | By Jeff DeFrancisco

A number of our posts have focused on strategies to increase patient safety. They have ranged from surgical teams following checklists to establishing standards for when such procedures would be appropriate. However, a new system highlighted by fiercehealthcare.com could be an innovative strategy that could save patients’ lives

Patient early warning detection systems could help medical staff respond quicker to events before they become life-threatening. As described in the fiercehealthcare.com piece, patients would wear a monitor on their wrists that continuously provides updates on his or her vital signs (including blood pressure, pulse rate and pulse oximetry). The vitals are ranked on a scale of 0 to 5 and measurements are sent to an electronic health record. Patients who rank from 0 to 2.9 are in a clear (or “green” zone). If they rise above 3.0, the patient is in a dangerous zone and appropriate medical attention is administered.

A hospital in Michigan had implemented the system and studied the results from their test run. The bands reportedly reduced patient mortality rates by 35 percent. Moreover, the number of code blue emergencies were reduced by 50 percent.

What happens when doctors don’t practice what they preach?

Published on: October 13, 2014 | By Jeff DeFrancisco

Like the saying, “the person who represents himself in court has a fool for a client,” physicians are not immune from the type of foolishness that comes with avoiding their own advice. According a recent Time.com report, doctors are notorious for being the worst patients. Specifically, doctors are known for partaking in the very unhealthy habits that they advise patients not to indulge in.

For example, there are physicians who smoke despite knowing that lung cancer is directly attributable to this habit; physicians who frequently eat fast food despite the health warnings and levels of obesity, and doctors who continue to use tanning salons in light of the skin cancer risks that come with it.

According to the Time.com report, it appears that doctors adopt the same thinking that supports many dangerous habits: “it won’t happen to me.” And when doctors do become ill, there is an undercover culture of self-medicating that can lead to inaccurate advice to patients. For instance, if a doctor is struggling with high cholesterol, he or she may be less likely to counsel a patient on the best ways to address the problem. The same could be said about doctors who abuse painkillers or smoke cigarettes.

Hospital missed chance to diagnose Ebola patient

Published on: October 9, 2014 | By Jeff DeFrancisco

A patient who showed up at a Dallas area hospital complaining of fever and headache and was misdiagnosed as a potential Ebola case has passed away. However, in the wake of the man’s death, the hospital is still under fire for missing the diagnosis. According to a fiercehealthcare.com report, the man was initially diagnosed with a low-grade viral infection and was sent home with an antibiotic, despite claims from his sister that he told hospital workers that he had just come back from Liberia.

It appears that a critical piece of information was not shared with healthcare workers, who (in hindsight) should have isolated him to prevent a further outbreak. It is reported that the man may have come into contact with nearly 80 people.

In the meantime, the Centers for Disease Control and Prevention had sent hospitals a special checklist to prepare for potential Ebola cases. Indeed, hospitals are on the lookout for additional cases. Some are even asking every patient coming to an emergency room or for a scheduled appointment about recent travel overseas.

New guidelines for assessing developmental disabilities in kids

Published on: October 8, 2014 | By Jeff DeFrancisco

Diagnosing intellectual and developmental disabilities continues to change as technological and scientific advances are made. With these advancements, the guidelines surrounding assessment must also be adjusted. A recent article on disabilityscoop.com highlights the potential changes that may come about as a result of a clinical report published by the American Academy of Pediatrics.

Specifically, advances in genetic testing have enabled doctors to obtain a better diagnosis of children with delays. For instance, in cases where a delay has been identified in a child but the cause is not determined, doctors are encouraged to work with a geneticist to conduct chromosomal microarray testing that may detect genetic abnormalities that could reveal the actual cause of the delay.

The American Academy of Pediatrics believes that it is important to indentify the root cause of a particular delay so that an appropriate treatment plan may be developed. This also helps families in managing expectations as the child grows up.

M

Published on: October 4, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted a trend in Philadelphia and its suburban counties of fewer medical malpractice claims being brought to trial and even fewer verdicts in favor of injured plaintiffs. The trend in Pennsylvania is an example of an overall trend in New York and across the nation. A recent Philly.com report examined this phenomenon, which led to the question: Are innocent medical malpractice victims being left uncompensated?

Currently, medical malpractice claims and payments have dropped in 31 states, including New York. This is arguably a result of improvements in medical care, particularly communication between staff members, but it is also attributable to tort reform efforts raised by state legislators and physicians’ rights organizations. The various new laws have resulted in damage caps that may prevent an injured person from realizing the full amount that they are entitled to.

Because of this, medical malpractice law firms must scrutinize cases much closer and decline those that are too much of a risk that they will not make money for the firm; even if the case in fact has merit. The results are startling.

Joan Rivers’ doctor reportedly took a selfie during procedure

Published on: September 25, 2014 | By Jeff DeFrancisco

The death of comic icon Joan Rivers is a harsh and tragic reminder that every medical procedure, no matter how routine, comes with its share of complications. Rivers passed away on September 4 after she went into cardiac arrest during a procedure on her vocal cords on August 28. An investigation is ongoing into the circumstances that led to her demise, but preliminary reports indicate that her air supply may have been cut off during the procedure.

More disturbing elements were recently revealed. According to CNN.com, Rivers was scheduled to undergo an endoscopy on her vocal cords, but apparently her personal ear, nose and throat doctor performed a biopsy (that Rivers reportedly did not give her consent for). Even more troubling, the physician reportedly took a selfie of himself and Rivers while she was under anesthesia.

The clinic where the biopsy was reportedly performed recently released a statement denying that the procedure took place. It also announced that the physician who completed the endoscopy had resigned from the clinic. While there have been no formal allegations of wrongdoing and no discipline has been meted out, the events touch upon the propriety that doctors must act with when performing procedures on patients.

Record keeping changes could mask hospital mistakes

Published on: September 23, 2014 | By Jeff DeFrancisco

Record keeping is an important aspect of a medical malpractice case. Essentially, if a hospital has bad record keeping practices, chances are that it may be easier to prove that reasonable steps were not taken to ensure the patient’s safety, or that established procedures were not followed that led to the patient being harmed.

Indeed, some hospitals have exceptional record keeping practices. However, a new reporting protocol may mask some hospitals’ shortcomings. According to a recent Claims Journal report, some diagnoses to be reported under ICD-9 reporting codes may not translate to ICD-10.

For instance, an issue reported under ICD-9 may have several interpretations under ICD-10. Basically, accurate reporting under ICD-10 may make a hospital look safer than it really is. At the same time, other hospitals may seem less safe because of the different (and new) categories generated under the system.

$73 million awarded in vaginal mesh implant case

Published on: September 17, 2014 | By Jeff DeFrancisco

If you have heard commercials asking for women who have been injured through vaginal mesh implants to come forward, you are not alone. A woman in Texas who was harmed by such an implant was reportedly awarded $73 million, which included $23 million in compensatory damages and $50 million in punitive damages. In fact, according to a recent Bloomberg.com report, Boston Scientific, the maker of the Obtryx sling, is facing more than 12,000 lawsuits where women who used the product have complained of severe organ damage as the slings eroded within their bodies.

The damages obviously would lead to severe pains and additional surgical procedures, and could further lead to limitations on performing normal life activities.

The U.S. Food and Drug Administration reportedly ordered Boston Scientific and a number of vaginal implant makers to study the rates of organ damage attributable to such products two years ago.

Could your doctor be on drugs when treating you?

Published on: September 11, 2014 | By Jeff DeFrancisco

TV dramas about hospitals and emergency rooms are arguably about art imitating life. This means that some of the scenarios that shock us (and gain our empathy) actually are lived by real people. This also means that doctors who make mistakes may do so in real life. While they may happen in limited instances, the patients that are treated by irresponsible doctors are still at risk.

For instance, one doctor who was addicted to pain killers for years…all while treating patients…was highlighted on NBC’s “Today” show. The physician indicated that his habit was nearly 100 pills of Vicodin at its worst. He said that he has been clean for 10 years, but his past still scares him.

But this doctor is certainly not alone. It is reported that 100,000 doctors, which equates to nearly 1 in 10 doctors, is addicted to drugs or alcohol and are still treating patients. An investigative reporter for Today even found that some doctors are performing surgeries while under the influence; which can lead to disastrous results for patients.

Do not despair if you haven’t found a lawyer to take your case

Published on: September 10, 2014 | By Jeff DeFrancisco

If you are frustrated that you have not found a law firm to take your medical malpractice case, do not lose hope. Take solace in knowing that many clients talk to multiple law firms before they find a firm that is willing to take their cases.

The reasons for rejecting a case are varied. Some firms may not take cases that are valued below a certain amount of money. They know that it will take a substantial investment in order to get the case to trial, and if they don’t believe that they will achieve a successful verdict, or that the potential award amount won’t cover their costs, they won’t take the case.

Others may not be interested in cases where the alleged malpractice will be difficult to prove (i.e. there may be other factors involved that caused the procedure to go bad or the desired result was unachieved.) When there is unclear evidence of malpractice, this may turn some law firms off. Others may not take the case because they may believe it is too complicated a matter to bring to trial (i.e., the case may not resonate with a jury).