When improperly trained surgeons conduct operations for which they are unqualified to perform, surgical errors may result. These surgical errors can constitute medical malpractice and may result in a worsened condition leading to long-term care, disability or a fatality.
Doctors who operate beyond the areas of their expertise place their patients' health at risk and deserve to be held responsible for any resulting injuries. Medical boards may suspend a doctor's license, but this does little to help the victimized patient. A lawsuit, on the other hand, may provide the victim with much needed relief.
Though a lawsuit might not be able to repair one's life to the condition it was in prior to the doctor's malpractice, it can help move the victim's life to a better place. Awards can help cover the costs of medical expenses and lost wages. Compensation can also help ease pain and suffering and loss of enjoyment of life.
New Jersey residents expect their doctors to be qualified in their areas of expertise. Any misleading statements to the contrary are a danger to public health and require accountability and punishment. The threat of medical license suspension and medical malpractice lawsuits will hopefully keep these instances at a minimum.
Source: NJ.com, "N.J. spinal surgeon accused of practicing without proper training may face suspension," Amy Brittain and Mark Mueller, May 9, 2012
]]>Unfortunately, the system and its doctors are not perfect. The stress can become overwhelming, and fatigue can lead to mistakes. Hospital negligence can result in severe consequences for a patient including the need for long-term care or a disability. In some instances, a doctor's failure can be fatal.
]]> A lawsuit is underway in Chilton, New Jersey, accusing an emergency room doctor of negligence that caused a woman to die.The victim had fallen and hit her head and a CT scan showed her brain was bleeding. The victim's family claims had the victim been given the proper treatment immediately, she would have lived. However, the doctor waited and the woman fell into a coma before being operated on later that day. The procedure was unsuccessful. Sadly, the family was put in a position where they had to choose to take the woman off life support. They now seek compensation.
The doctor in this case claims that the victim had a long history of brain issues. According to the doctor, it was this history is what led him to delay the operation and is what eventually caused the woman's death.
Going to the emergency room can be scary. Many times, individuals do not know what is wrong with them and they rely on the specialized knowledge of emergency room doctors for their care. When things go wrong and injuries or death result, victims and their families are entitled to the compensation they deserve. Victims of these tragic events can receive awards for pain and suffering, loss of enjoyment of life, further medical expenses, lost wages and funeral expenses.
Sometimes, like in the New Jersey case, families have come to rely on the victim for financial or emotional stability. Many times it is both. Hospitals responsible for stripping this stability away could pay to reinstate it.
Source: NorthJersey.com, "Medical negligence trial involving Chilton doctor gets under way," John Petrick, April 26, 2012
]]>An ultrasound is generally accepted as a safe, routine procedure during pregnancy. Yet, the Food and Drug Administration recently discovered that an ultrasound gel manufactured by a New Jersey company was contaminated with two strains of dangerous bacteria. At least 16 patients were sickened by the gel and doctors have been advised to discontinue its use in order to avoid any potential pregnancy-related injuries.
]]> Pregnant women require competent medical care. When they go to the hospital, they expect that everything will go according to plan, and nothing bad will happen to them or their babies. They expect that doctors and their staff will double-check the safety of the medications, instruments and products they use, and that they will only use products from a reputable manufacturer that complies with all applicable regulations.A health practitioner's failure to take the proper precautions during an ultrasound or other procedure could lead to injuries to both a pregnant mother and her baby. In some cases, this can constitute medical malpractice. A medical malpractice lawsuit can help a victim recover compensation for medical expenses, loss of enjoyment of life and lost wages. But while money might help move a victim's life into a better place, it can never make up for the injury done to an unborn child.
When the health and safety of a mother and her new baby are on the line, there are no excuses for hospitals, product manufacturers or care providers to cut any corners.
Source: USA Today, "FDA says contaminated ultrasound gel sickened at least 16 patients," April 19, 2012
]]>Though the record does not state why the mortality rate is so high at the Hackensack hospital, the numbers themselves raise concerns about surgical errors that constitute medical malpractice and negligence. When mortality rates at a hospital increase, it could be because something has gone wrong with the medical personnel, the operation or both.
]]> Surgical errors occur in a variety of ways. Sometimes instruments are left inside patients, organs are unintentionally nicked or wrong medications are used during the procedure. It is easy to call a sponge accidentally left inside someone medical malpractice. But what about when the wrong antiseptics are used or an organ is nicked?Symptoms from these injuries may not always be immediately apparent. Doctors, careful to cover their tracks, may not even disclose when they have made such mistakes. So how does one know if a post-operation injury is the result of an error during the surgery itself? The best thing a patient can do is to go back to the hospital and report it. Ethical medical professionals will admit to the hospital's mistakes and report these incidences to surveys like the one conducted at Hackensack.
No one knows for sure what was going wrong in the Hackensack transplant program, but hospital officials claim that things have changed and that there have been no recent fatalities. This provides little comfort to the families of those transplant recipients who lost their lives after their operations.
Source: NJ.com, "Hackensack hospital suspends kidney transplant program," April 17, 2012
]]>Recently, a man brought a medical malpractice suit when doctors injected him with allegedly poisonous green clothing dye instead of medical dye during a post-operative angiogram. The victim suffered permanent lung damage and developed a seizure disorder. To counter the effects of the clothing dye, the patient may be on medication for the rest of his life.
]]> The clothing dye, used as a topical anesthesia, was apparently not labeled. The victim claims that hospital personnel should have been aware of the mistake, since the medical dye comes in powder form as opposed to the clothing dye's liquid form.Medical professionals may be in a hurry and fail to double check what medications they are giving and forget to check the operation's procedures. When these negligent and unfortunately traumatic incidents happen, victims can bring a medical malpractice suit.
Malpractice suits help victims recover expenses for their medical costs, their pain and suffering, lost wages and loss of enjoyment of life. In extreme circumstances where harm is intentionally inflicted on the patient, the victim can recover punitive damages.
Mistakes happen in life. Yet, when it comes to another's health, a higher standard of care must be upheld. When medical professionals fail to hold themselves to that level, they need to be held responsible. Doing otherwise would only send the message that mistakes are a part of the profession, and those who fall victim are simply unlucky.
Source: Chicago Sun-Times, "Lawyer: Green clothing dye mistaken for medical dye a 'fiasco'," Hunter Clauss and James Scalzitti, April 6, 2012
]]>For one thing, a lack of testing in certain situations can lead to delayed diagnosis of potentially serious, even life threatening, conditions. This failure to diagnose could cause easily treatable, minimal medical conditions to worsen into something far more critical. Even lab results could come back wrong if proper steps are not taken.
]]> Perhaps the worst part of this call for test limiting is that it puts hospital expenditures ahead of patient health. For example, one medical society seeks to stop routine cancer screening for dialysis patients with limited life expectancies, unless certain signs or symptoms of cancer appear. Another association calls for a ten-year halt to colorectal screenings in average risk men who have had one high quality colonoscopy.True, hospitals may reduce costs by decreasing the tests they run, but at what cost? While a fair argument could be made to limit some tests, some may wonder where the proposed cuts will end. Patients deserve trustworthy health professionals who provide a certain level of care. Failure to conduct tests that could detect serous medical conditions could constitute malpractice.
When these diagnoses are delayed, a medical malpractice claim may be a patient's only option to recover the higher costs associated with treating more developed conditions. A malpractice claim will also compensate a patient for their pain and suffering, which could have been avoided had the proper tests been run earlier. Though no amount of money can fully repair the harm caused by a delayed diagnosis, it may help a patient move to a more fulfilling stage of life.
So the next time your doctor asks if you would like him to run a certain test, think of what could happen if you say no. After all, it is your health you are concerned about, not the hospital's pocket book.
Source: Heartland Time, "Physicians groups call for fewer tests for patients," Alice Park, April 5, 2012
]]>The report found that accidental puncture and laceration rates in New Jersey are lower than hospital averages nationwide, and those suffering from pneumonia and heart attacks are often treated accurately and appropriately. Though New Jersey hospitals are getting better, they are not perfect. Hospital negligence, medical malpractice and injuries still occur.
]]> Post-operative sepsis is higher on average in New Jersey hospitals compared with others in the nation. A post-operative sepsis is a serious bloodstream infection. Specifically, 14.45 of every 1,000 elective surgery patients in New Jersey contracted post-operative sepsis and the national average is 12.70. Post-operative sepsis can be prevented by taking simple steps like having the hospital staff wash their hands more frequently.The report also noted that incidents of foreign objects being left inside of patients are still a hospital reality. In 2010, 27 patients left the operating room with a foreign object still inside. Seven of these incidents happened in just one hospital.
Fortunately, New Jersey residents who suffer these injuries have legal options that will allow them to recover medical expenses and help ease their pain and suffering.
Because of the nature of their work, medical practitioners are held to a high standard of care for their patients. When accidents occur due to a lack of that care, injured victims may be able to sue for medical malpractice.
If the recently released data tells New Jersey residents anything, it is that doctor errors and hospital negligence continues to be a problem that is not going away any time soon.
Source: NJ.com, "Report: N.J. hospitals scored better than national average in most 2010 safety measures," Megan DeMarco, March 20, 2012
]]>The three month old baby was checked into the hospital for a high temperature and had spent two days there. After the baby received a clean bill of health and was cleared to go home, the nurse was ordered to remove the intravenous tube. The nurse probably had done this hundreds of times with no incident, but this time while removing the tube with a scissors, she accidentally cut the baby's pinky finger off and it fell to the floor. The baby began screaming and the nurse ran and got help. Doctors at hospital tried to save the baby's finger, but it was too late. The nerves of the finger were too delicate and the veins were too small.
]]> In the lawsuit the mother is claiming that while the nurse was trying to remove the intravenous tube with a scissors, she failed to follow safety procedures and that the hospital failed to properly train its employees on the proper use of scissors when removing tubes of this type. The mother is seeking more than $15,000 in damages and wants to make sure that this does not happen to any other child.Hospital officials regret the harm that was caused to the child and are concerned for the child and her family. While the hospital and the family have not been able to reach a mutually agreeable resolution to this matter, they will continue to work towards that goal.
The nurse involved in the accident took time off after the incident, but is back at work at the hospital.
Source: Orlando Sentinel, "Polk mom's lawsuit: Nurse cut off baby's pinky," Ray Reyes, March 27, 2012
]]>The study was conducted with nearly 1,200 licensed physicians in New Jersey who participated in an online survey that was distributed in the fall of 2011. Physicians were asked to vote on specific medical conditions and top overall hospitals in the state. The results were divided into two categories: hospitals with more than 350 beds and hospitals with less than 350 beds.
]]> Overlook Medical Center was also ranked in the top three hospitals in New Jersey in these categories:Although this hospital has received such great rankings, patients still need to take an active role in their medical care when they are hospitalized. If a patient can't speak for themselves, a family member should step up and advocate for the patient. It's easy to put all of your trust into a hospital or physician to keep your health a top priority, but mistakes could happen.
If you've been hospitalized and received substandard medical care, you need to pursue answers and consult with an experienced personal injury attorney. An attorney can help you figure out if you have a case and develop a plan that fits your circumstances and benefits you the most.
Source: NJ.com, "Overlook Medical Center in Summit ranked No. 1 hospital in New Jersey for stroke and neurological disorders," Mar. 16, 2012
]]>Her son was given medication prior to the procedure that caused a perforated ulcer and internal bleeding, but the hospital staff was unaware that this was going on and when they did figure it out, it was too late to rescue her son. Now the mother is an advocate for patient safety and she founded the group Mothers Against Medical Error and is an advocate for patient safety and legislation.
]]> So how should people navigate the health system and protect themselves? According to the group there are a few things that you can do to take an active role in your care and they include:It's easy to assume that your doctor or nurse will do the right thing, but a study by the Institute of Medicine projected that between 44,000 and 98,000 people in the U.S. dies each year because of medical errors. Your best bet is to take an active role in your care and to not be afraid to speak up; it just may save your life.
Source: Ctmirror.org, "A patient survival guide, from a mother who learned too late," Arielle Levin Becker, Mar. 8, 2012
]]>In a recent New Jersey case, a doctor was being sued for medical negligence and the patient claimed that the doctor had modified the electronic history. Attorneys on both sides of this case reviewed screen shots, evidence and spent thousands of dollars researching and making arguments. What attorneys are realizing is that these types of issues will become more common now that doctor's offices have gone paperless and it could create additional liability.
]]> Since 2009, more medical facilities have made the move from paper to electronically stored health data since a federal stimulus package provided federal funds for the creation of a health information technology infrastructure. The stimulus package provided health professionals with an incentive to adopt the technology by giving them up to $44,000 for Medicare or nearly $64,000 for Medicaid by adopting an electronic medical records system.There have been studies done on how an electronic record system could cause liability issues and most studies show that there will be a rise once a system is introduced, but that lawsuits will decrease once doctors and patients adjust to the system. The studies showed that doctors need to be aware of potential pitfalls of the technology and that there should be safe guards in place to protect the integrity of an online system for both the doctor and the patient.
Data breaches land doctor's in court most often. It could be how and where doctors are storing patient data so that it doesn't get into the wrong hands or altering patient records when they have made a mistake. Doctors and hospitals are putting safe guards in place to help offset these issues as they come up, but patients will need to continue to take an active role in their own care.
Source: amednews.com, "Legal risks of going paperless," Alicia Gallegos, Mar. 5, 2012
]]>Even a few years ago, when you went to your doctor, you were handed a prescription to take to your pharmacist. Today, many doctor's offices are entering the prescription information at their office and then emailing it directly to the pharmacist, thus eliminating errors in dosage and the mixing of medication. The study shows that the introduction of prescription databases flag potential interactions between drugs and helps prevent medication errors. Without these types of electronic records, doctors and pharmacists have to rely on a patient's memory to make sure they don't prescribe or dispense drugs that are safe for the patient. Prescription errors are harder to measure, but on average pharmacists estimate that between 10 percent and 15 percent of prescriptions they fill contain some kind of error.
]]> Errors in medication occur if the doctor is writing out the prescription and has illegible handwriting. The other reasons include:According to Canada Health Infoway, a non-profit organization hired to promote best possible integration of IT methods into the health care industry, the primary goal is to get drug information systems available at all locations. They feel that the technology will allow a physician, nurse or pharmacist to view a patient's medical history, read the drugs that are prescribed and dispense the correct drug for their particular situation.
The Infoway study showed that if all drug information was in a database system, the savings would have been approximately $436 million. Besides the monetary savings, the study shows that doctors and hospitals will have better productivity.
The goal is to have these types of systems in place so that doctor can eliminate patient injury as a result of a drug error.
Source: Financial Post, "When Pills Kill," Rebecca Walberg, Feb. 28, 2012
]]>The child was at the dentist's office to have cavities filled, which is a routine procedure. The child was put under local anesthetic and restrained in a cocoon-like papoose to hold the child in position. After receiving the anesthetic, the child went limp, his lips turned blue and he stopped breathing. An ambulance was called and the child was transported to a hospital where he later died.
]]> The tragedy of the story is not only did this child die in the care of his dentist, but that this particular dentist was on probation for a death of a 6-year-old girl in 2004. In this case, the medical examiner determined that the child had died of natural causes because she suffered from other medical conditions.In 2008, The Board of Dentistry investigated the little girl's death and filed a formal complaint against the dentist. An administrative law judge found that there had been no gross negligence, but the board did suspend the dentist for three months last year and placed him on probation for 21 months.
The families of both of these children are pushing to have the dentist's license revoked. The Division of Consumer Affairs is investigating and charges have not yet been filed until a full investigation is completed.
No cause of death has been ruled in the 3-year-olds death and the dentist, 64, is cooperating with authorities.
Source: The Star-Ledger, "NJ dentist investigated after 2nd kid dies in care," Feb. 15, 2012
]]>The Journal of the Royal Society of Medicine published the study and found that 16 percent of patients were more likely to die if they were admitted to the hospital on a Sunday, compared to patients admitted in the middle of the week. According to the study, researchers felt that the reasons behind this is that during weekends there is typically a reduced staff, reduced availability to diagnostic tests and patients admitted during the weekends may have more critical health conditions than those admitted during the week.
]]> The findings of this study are consistent with data from 254 non-profit hospitals throughout the United States. The study found:While these findings are startling, the study recommends that hospitals be reorganized to provide the same consistent care regardless of the day of the week. The findings also support that there is an inconsistency in patient care on the weekends and that needs to change.
If you've been hospitalized and received substandard medical care, you need to pursue answers and consult with an experienced personal injury attorney. The attorney can help you figure out if you have a case and develop a plan that fits your situation and benefits you the most.
Source: Medical Daily, "Patients Are 'More Likely to Die' if Hospitalized During Weekends," Christine Hsu, Feb. 3, 2012
]]>In the United States, more than 4 million women give birth every year and 60 percent of them receive epidurals, according to the study. An epidural is sometimes given to mothers in labor to help ease the pain of child birth. The epidural is an anesthesia delivered into the epidural space around the spinal cord, to numb the pain.
]]> This study involved 3,200 women delivering full-term babies at Brigham and Women's Hospital in Boston, Massachusetts, in 2000. More than 87 percent of the women had epidurals, which is higher than the national average. What they found is that mother's who develop an epidural-related fever while in labor, could experience problems with their babies.The results concluded that approximately 19 percent of those that had an epidural developed a temperature higher than 100.4 degrees compared with just 2.4 percent of women who went without the epidural. The higher the temperature, the more likely the baby would experience problems.
Researchers did take into account other factors that could affect the baby's health at birth including whether the mother had gestational diabetes, age of the mother, how long she was in labor or if the mother had a known infection, like a intrauterine infection. According to the researchers, they feel that the data shows that approximately 20 percent of the full-term infants born to mothers, who received an epidural, experienced one more adverse outcome after birth. Also, women who were numb for more than six hours were more likely to develop a fever. For women who didn't develop a fever, the study found no difference in the outcomes for the babies from women who had an epidural versus those who didn't.
While mothers shouldn't panic too much if they decide to have an epidural, they should be made of aware of the findings and make an informed decision. If you are worried about the possibility of this, you might want to delay the epidural for as long as you can to reduce your risk.
Source: U.S. News & World Report, "Epidural Plus Fever in Mom May Raise Risks for Baby," Jenifer Goodwin, Feb. 3, 2012
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