PA Medical Malpractice

Is Sepsis Deadly?

2010-12-15T08:43:00.000-08:00

Yes, sepsis is deadly.

Sepsis is often life-threatening, especially in people with a weakened immune system or other medical illnesses.

Sepsis, commonly known as blood poisoning, strikes more than 750,000 Americans a year. It is a serious condition in which the bloodstream is overwhelmed by bacteria, usually from an ordinary infection like pneumonia or urinary tract infection. Blood pressure and oxygen levels drop and eventually lead to complete organ failure. Death can happen quickly in up to half of all patients.

One of the reasons for the high mortality rate is the fact that patients are not correctly treated due to late diagnosis. The doctor and the patient used to have to wait as much as 48 hours for the laboratory analysis.

Is sepsis the same as septicema?

2010-12-06T11:03:00.000-08:00

Is sepsis the same as septicema?

Yes and no; it depends which resource you're looking at. Sepsis is the medical term for blood poisoning. Sepsis is common in older people and has a high mortality rate.

Septicemia is a related medical term referring to the presence of pathogenic organisms or bacteria in the bloodstream that lead to sepsis.

On another often overlooked note, according to a study done by the University of Michigan, the risk for mental decline in an older person is almost three times more after hospitalization for severe sepsis than in patients of similar age hospitalized for other conditions.

During sepsis, extensive inflammation is triggered when the body releases chemicals into the blood in order to fight a serious infection. Heart weakness, low blood pressure, and organ failure may follow.

Severe sepsis is also linked to a stronger risk for developing at least one new limitation of daily activities after hospitalization.

Medical Malpractice: Short Hospital Stay

2010-11-23T19:18:00.000-08:00

When filing a medical malpractice lawsuit, people blame the doctors, nurses, the anesthesiologist, and hospitals for mistakes or inadequate care.

One often omitted reason for a medical malpractice suit is what is known as DRG or what your health insurance company calls Diagnosis Related Groups. These Diagnosis Related Groups regulate how long a patient can remain in the hospital.

Hospital stays are shorter than ever and you can point the finger at your medical insurance for that. It doesn't matter if your doctor thinks you should stay longer. Your healthcare provider trumps doctor expertise regardless of how effective the method is.

DRGs need to be the subject of malpractice suits when and if it can be documented that a patient dies because of the overzealous application of a DRG.

Healthcare is going in the wrong direction. It restricts treatment decision-making by doctors within hospital settings in order to manage costs. Cost containment reigns as priority, rather than patient care.

Beware.

PA Medical Malpractice in the News

2010-10-30T16:55:00.000-07:00

Pennsylvania Governor Edward G. Rendell vetoed Senate Bill 1280 noting the proposed legislation would destabilize the medical malpractice market, affecting physicians, other health care providers and ultimately the quality of care available.

"Senate Bill 1280 fails to recognize the noteworthy progress we have made in Pennsylvania's medical malpractice insurance marketplace," said Governor Rendell. "The bill would cause extreme swings in the MCare assessment from year to year, which would be detrimental to providers, would destabilize the medical malpractice market, and would create a crisis atmosphere that would undermine the commonwealth's continuing ability to retain and attract physicians and other health care providers to Pennsylvania. None of this is prudent or in the best interests of Pennsylvania or its citizens.

The bill would amend Act 13 of 2002, the Medical Care Availability and Reduction of Error Act, or MCare, by freezing primary medical malpractice insurance limits for seven years and by adjusting the formula for determining the assessment by which MCare is funded. These actions would destabilize the medical malpractice insurance marketplace and would undermine the commonwealth's ability to attract and retain medical providers to care for its citizens.

Missed Diagnosis and Pa. Medical Malpractice Claims

2010-09-29T16:13:00.000-07:00

According to a recently published article by the Pennsylvania Patient Safety Authority, errors related to missed or delayed diagnosis are cause for patient injury.

Diagnostic errors are encountered in every specialty and are often the first or second leading cause of medical malpractice in the United States. Diagnostic errors account for twice the settled claims as medication mistakes.

Examples of reports were found in the Pennsylvania Patient Safety Reporting System by search terms include delayed diagnosis, wrong diagnosis, missed diagnosis, misdiagnosed, failure to diagnose, failure to treat, and medical follow-up.

If you or a family member has suffered serious consequences or wrongful death as the result of a wrong diagnosis, you may have cause for a potential medical malpractice claim in Pennsylvania.

PA Medical Malpractice for Bad Knee Care

2010-08-29T03:54:00.000-07:00

A Pa. couple is suing a medical center in Charleston, West Virginia for medical malpractice.

The male plaintiff was on a camping trip in West Virgina when he was involved in an off-road dirt bike accident where he suffered a complex laceration on his left knee.

Upon arriving at the medical center, he was given an antibiotic to prevent infection, and medication to control pain and debris was removed from wounds. Later he developed horrible knee pain and was admitted to the trauma service. After an orthopedic consultation, the plaintiff underwent surgery to repair a left tendon and received the antibiotic Ancef during and after the surgery.

The couple requested an infectious disease consult upon admission but were refused.

Following his discharge the couple returned to Pa, and the next day the plaintiff woke up with drainage around the wound edges at the surgical site and a low grade fever. At a Pittsburgh ER, he underwent left knee incision and drainage and had to be on IV antibiotics for days.

The coupled claimed that the medical center was negligent in failing to order intravenous antibiotic therapy and are seeking compensatory damages for medical malpractice.

Pennsylvania MedicalMalpractice: Doctors & Nurses Conflict

2010-07-25T22:30:00.000-07:00

Pennsylvania Medical Malpractice: Doctors & Nurses Conflict: Can't you all just get along?

According to a report just released by the Pennsylvania Patient Safety Authority, doctors who are at odd with nurses and other doctors cause disruptive behavior which infringes on patient safety. According to the report covering a two year period, there were 177 events that detailed healthcare clinicians’ disruptive behaviors, many of which negatively affected patient care.

Frontline healthcare clinicians, who have witnessed poor performance by their peers or supervisors, may be hesitant to report bad behavior because of the fear of retaliation or uncertainty about its importance in patient outcome. Staff may also be reluctant to call a physician, supervisor, or other clinician, even in the face of the deteriorating status of a patient, fearing intimidation, confrontation, antagonistic discussion, or other disruptive behavior.

According to the report, hospital hierarchy allows high-ranking doctors to get away with intimidation and temper tantrums. The report also mentions doctors hanging up on nurses who called with questions about medications.

When bad behavior affects patient outcomes, this is considered medical malpractice which reflects not only on the doctor but on the hospital as well.

Medical Malpractice: Problem or Panacea?

2010-01-13T18:54:00.000-08:00

Should the average Joe and Jill have the responsibility of deciding New Jersey medical malpractice lawsuits?

According to a 1999 study, medical negligence committed in U.S. hospitals killed more people annually than motor vehicle accidents, breast cancer or AIDS.

That is shocking!

The study pointed out that the healthcare industry is behind out high risk industries in attention to detail for basic safety yet doctors and healthcare are waging a big battle to limit people's right to sue for damages by medical negligence.

What do you think?

Studies have repeatedly shown that medical malpractice insurance crises are a product of bad investment and business choices made by the insurance industry. Instead of questioning the business practices of their insurance providers, doctors have attacked jury verdicts and trial lawyers.

The insurance industry is pitting doctors against lawyers.

The facts do show that today according to the Institute of Medicine, there is a medical malpractice problem of epidemic proportions in this country. Conversely, the facts do not establish a link between medical malpractice jury awards in New Jersey and the rising malpractice premiums of physicians.

People who advocate tort reform say juries are not capable of deciding the appropriate measure of compensation for patients who have been injured by Pa. medical negligence.

What do you think?

Medical Malpractice: Over Prescribed

2009-12-27T02:19:00.000-08:00

You have to wonder what a doctor is thinking when he or she over prescribes medications to his or her patients.

Have we as patients become so intolerant of a little discomfort that we need a pill to aid indigestion, headaches, or a hang nail?

Poor actress Brittany Murphy, if she weighed 100 pounds, she was lucky. All photos of her practically reveal skin-and-bones with big eyes and a bigger grin.

Who would ever guess that her medicine cabinet overflowed with a bevy of medications?

According to this article, she was taking:

anti-seizure meds, also to prevent migraines
anti-inflammatory
depression med
anxiety med
treats diabetic symptoms and is also a bipolar med
anxiety med
pain reliever
hypertension, used to prevent heart attacks
antibiotic
pain med
and miscellaneous vitamins.

Was she taking all of these at the same time? Was her doctor aware of the drug interactions? Did one doctor prescribe them all? Did one pharmacy supply them all?

So many questions for such a beautiful, talented actress who sadly has had her last encore.

Pennsylvania Patient Safety

2009-12-10T10:26:00.000-08:00

Pennsylvania registered nurses can receive continuing education hours by reading Patient Safety Advisory articles that are posted on the Pennsylvania State Nurses Association web site.

PA state law requires registered nurses to have 30 hours of continuing education every two years for license renewal. The Patient Safety Advisory has a wealth of clinical information and improvement strategies based upon actual events occurring in Pennsylvania's healthcare facilities.

RNs who are members of Pennsylvania State Nursing Association can obtain the hours for free through the web site while non-members must pay a nominal fee to the nurses association.

The Authority also has partnered with the Pennsylvania Medical Society to offer continuing education credits to physicians through the Pennsylvania Medical Society's web site. Currently, the Patient Safety Authority is working with the medical society to offer a catalog of issues for physicians to tailor their continuing education credits to their specialty or field of interest.

Should doctors and nurses just be able to read articles for continuing education credits?

Dirty Little Secret at Veterans Administration

2009-09-13T17:07:00.000-07:00

A 50-something Army veteran goes to the hospital for a colonoscopy; a year later he learned the Veteran Administration failed to properly sterlize the equipment. Then he finds out he's infected with HIV.

He's not alone.

Seven other patients tested for HIV, 12 for hepatitis B, and 37 for hepatitis C.

The sterilization problem affects the Tennessee Veterans Administration (VA) and thousands of veterans who had endoscopic procedures may be exposed in three Tenn. facilities.

A Nashville attorney is preparing to file claims on behalf of a dozen veterans who have contracted hepatitis B or C, as well as 50 to 60 emotional-distress claims from veterans and family members.

The sterilization problem came to the light of day when officials at the VA Medical Center in Murfreesboro, Tenn., learned that workers were sanitizing endoscopy equipment at the end of the day instead of after each procedure. The manufacturer of the equipment recommends a cleaning after each use.

The VA announced that patients who underwent endoscopic procedures in Murfreesboro from April 2003 to December 2008; in Augusta, Ga., from January 2008 to November 2008; and in Miami from May 2004 to March of this year may have been exposed to cross-contamination.

Bilirubin Test May Defuse Jaundice Brain Injury

2009-07-29T14:08:00.000-07:00

When a 3-day-old infant developed jaundice, a doctor told the parents not to worry.

The doctor was wrong.

The infant's bulirubin spiked which in turn affected her brain. A simple bilirubin test could've prevented this child's brain damage.

Using a bilirubin test, doctors can catch high bilirubin levels early. Lowering these levels may involve simple phototherapy which transforms the toxic version of bilirubin into a nontoxic form that the body can easily eliminate.

In severe cases, babies can receive blood transfusions to get rid of the bilirubin before it has a chance to damage their brains. The child is unable to move normally, but her mental faculties remain unaffected.

Medical Malpractice: Failure to Diagnose

2009-01-27T08:06:00.000-08:00

A college student and her family are suing Ohio University for medical negligence because she went to the health center three times in 12 hours and they failed to properly diagnose her condition. She was suffering from necrotizing fasciitis but was diagnosed with throat inflammation and muscle strain.

Necrotizing fasciitis is a flesh-eating disease caused by flesh-eating bacteria like MRSA.

Later that day, her parents took her to an Athens hospital and she was transferred to a Columbus hospital where she underwent surgery. The lawsuit claims that a proper diagnosis may have averted the need to amputate her right arm and shoulder.

Medical Malpractice Insurance Co. Not Paying

2008-12-19T20:02:00.000-08:00

Imagine if you came up against a malpractice insurance company that said it couldn't cover its damages! This is precisely what is happening to the hapless people that have suffered due to the hand of a certain Dr. Stark. These people didn't just suffer physical trauma - they lost their loved ones because of Dr. Stark's illegal practices. And now, they could be left with nothing.

Dr. Stark gained notoriety when it was found that five of his patients had died. The reason points right back at the doctor, who illegally prescribed painkillers to a number of patients. Reports say that he may have doled out these drugs to as many as 80 people every day. He has been charged with eighteen counts, including conspiracy and distributing drugs outside the bounds of medical practice resulting in death. And now, the medical malpractice insurance company says it can't pay the damages.

This is incredibly difficult, particularly for the families of Thaison Roark and Brandon Scott. Both men died at the hands of Dr. Stark and hadn't even reached 35 years of age, with Roark only being 20 when he passed away. Now their families are being denied their damages because the medical malpractice insurance company says it doesn't provide for acts that are in violation of the law. This is in spite of the fact that a former employee of Stack has not only pleaded guilty to conspiracy, but has also agreed to testify against Stack!

Unfortunately, this looks like yet another case of the patients losing twice over.

Hospital CEOs and Hospital Care

2008-12-01T02:21:00.000-08:00

Hospitals. The best thing you can do is avoid them if possible. Once thought to be the beacon of goodness and kind deads -- now are frequently fraught with rampant infection, a lack of competent staff or understaffed, and managed by CEOs that put profits over people and care.

Read the article, "10 Things Hospital CEOs Don't Want you to Know", nod your head, and find a lawyer if medical malpractice has happened to you or a family member. You are not alone in this regard.

Real Crimes against the living and the dead

2008-11-26T15:22:00.000-08:00

On June 27, 2008 a Brooklyn judge sentenced Michael Mastromarino to 18-54 years in jail. Mr. Mastromarino is the oral surgeon who founded Biomedical Tissue services in New Jersey. Biomedical Tissue Services was a tissue bank that collected bone, tissue and tendons for use in medical procedures.

Before the June 27, 2008 sentencing Mr. Mastromarino had pled guilty to conducting a multimillion dollar scheme to steal hundreds of corpses and sell the bone and tissue from the corpses for use in dental transplants, knee and hip replacements and other medical procedures.
Mr. Mastromarino’s actions were appalling to everyone involved. Families of the deceased were devastated that their loved ones remains had been violated for profit. The corpses were used without permission and with complete disregard for proper medical screening.

Dental transplant and other surgical patients were horrified that tissue and bone from corpses had been implanted in their bodies. It is estimated that 10,000 people received bone or tissue from the corpses dug up by Mr. Mastromarino. Some claim to be infected with diseases from the bone or tissue used in their procedure.

Three people who worked with Mr. Mastromarino and numerous funeral home directors across Pennsylvania, New Jersey and New York were also charged in the case. Two of those people who actually cut the bone and tissue from the corpses have been sentenced up to 20 and 9 - 27 years in prison, respectively.

For more information about Mr. Mastromarino’s 18-54 year sentence including his words to families of the deceased and a quote by one of the people who became sick after receiving the tainted bone.

The case was uncovered when the FDA saw serious violations in regulation compliance. For more information about the violations of Mr. Mastromarino and Biomedical Tissue Services and about the potential danger recipients of bone, tissue and tendon may be in, please visit this website.

PA Medical Malpractice and Shoulder Dystocia

2008-11-21T08:06:00.000-08:00

Shoulder dystocia is a scary condition that creates a lot of mayhem and concern in the delivery room. In most cases, the emergency ends quickly and the child is examined by a pediatrician, cleaned up and provided to the very relieved parents to begin the bonding process. This is a joyful and happy time for parents.

However, if your child suffered from a birth complicated by shoulder dystocia then it is important that you watch your baby closely in the days following the birth and report any potential symptoms of Erb’s palsy to the child’s pediatrician.

What are the symptoms of Erb’s palsy? Is it medical malpractice?

If you notice one or more of the following symptoms you should inform your pediatrician, whether or not you know for certain that your child suffered from shoulder dystocia during birth. The symptoms include:

· Lack of movement in the arm or hand. Compare both arms and observe whether your child is spontaneously moving both arms and hands in approximately equal amounts.
· A weak hand grip. If your child’s grip with one hand is significantly stronger than his or her grip with the other hand then inform your child’s pediatrician.
· The lack of the Moro Reflex on one side. The Moro Reflex is a normal newborn reflex that is also known as the startle reflex. When a healthy newborn is experiencing the Moro Reflex his arms typically fling out from the body and then draw back in with bent elbows when the body relaxes.
· A different arm position than is seen on the unaffected side. Typically a newborn’s arm is bent at the elbow and held close to the body when the child is relaxed.

For additional information about the symptoms of Erb’s palsy and what can be done about the condition, please visit the University of Maryland Medical Center website.

Kugel Mesh Recall and Medical Malpractice

2008-11-16T13:29:00.000-08:00

You might think that after the FDA recalls a medical product that you no longer have to worry about its possible effects on your health. Unfortunately, that is not always the case as some patients of Sentara Health Systems in Virginia have recently found out.

Since the Kugel Mesh Patch was originally recalled by the FDA on December 22, 2005, there have been repeated instances of its use.

As recently as June 5, 2008, NBC affiliate WAVY-TV 10 reported that the Kugel Mesh Patch had been used in recent hernia operations.

The Kugel Mesh Patch is a device manufactured by Davol, Inc. to be used during hernia surgeries. On December 22, 2005, Davol issued a voluntary recall of the product because of its reported problems with the memory recoil ring. The memory recoil ring was breaking and creating bowel and intestinal problems.

On March 24, 2006, two letters were sent to surgeons and hospitals. The first expanded the recall to include more types of Kugel Mesh Patches because of potential dangers and the other requested that use of certain types of Kugel Mesh Patches be stopped immediately. In January 2007, Davol expanded the recall yet again to include even more types of Kugel Mesh Patches.

Now, Sentara Health Systems admits that seven patients at two different hospitals received the recalled Kugel Mesh Patches long after the recall was made.

At least one of the seven patients is experiencing a breakdown of the Kugel Mesh Patch; a breakdown of the very kind for which the patch was recalled. She reports being in extreme pain and the hospital admits its error. However, medically the hospital is not optimistic about helping the patients who received the recalled patches. They claim that the mesh has already adhered to internal organs and an operation could be fatal.

How could this have happened?

Women, Heart Attacks, and Medical Malpractice

2008-11-05T00:49:00.000-08:00

Heart attacks are equally dangerous for men and women. Yet, a woman is much less likely to be correctly diagnosed of having a heart attack than a man is to be correctly diagnosed of having a heart attack. Is this a form of misogyny or is there another more complicated reason that creates serious problems and even death for many women each year?

A recent study published in May 2008 found that women were significantly less likely than men to receive appropriate treatment. The study led by a team from the University of Michigan studied more than 25,000 men and women from 14 different countries between1999 to 2006. The study found that among people with the same level of coronary artery disease, women were significantly less likely than men to receive critical drugs. Women were also less likely to receive angioplasty or a stent than men were to receive such treatments.

Within six months of the initial heart attack, women were more likely than men to have died, had another heart attack, stroke, or other complication due to their heart disease. The study found that part of the reason for the disparate treatment between men and women is that women often describe different symptoms at the hospital when having a heart attack and doctors are not well trained in what those symptoms are and what they mean.

Cardiovascular disease is a serious and prevalent condition that inflicts about 459,000 women. Approximately 64,200 of those women suffer heart attacks. It is the responsibility of the medical community to learn how to accurately diagnose and treat women so they are entitled to the same health benefits as men and so that no more women die because of a doctor’s failure to accurately diagnose a heart attack and failure to provide appropriate treatment.

Hospital Responsibility and PA Medical Malpractice

2008-10-31T12:24:00.000-07:00

Pennsylvania hospitals have duties that they owe directly to their patients. Pennsylvania courts have applied the doctrine of corporate negligence to Pennsylvania hospitals. The courts have found that hospitals in the Commonwealth have duties which they cannot pass off onto doctors or other persons or entities.

Specifically, Pennsylvania hospitals have the duty to keep their patients safe, to oversee the professionals who practice medicine in the hospital, and to make and enforce adequate rules to ensure quality care. If a hospital breaches any of these duties then it can be held liable for corporate negligence.

Patients who are harmed by negligence while in the hospital may also have cases against hospital entities such as boards of trustees, health systems and medical practice groups.

The doctrine of corporate negligence is important because it provides patients with added protection if they suffer the effects of negligence while in the hospital. One example where the doctrine might be used is an error in the medication being dispensed to patients. Medication errors in hospitals are the 8th leading cause of death in the United States, accounting for hundreds of thousands of deaths each year.

Another common error in hospitals is that anesthesia is sometimes administered by doctors, nurses or staff members who are not anesthesiologists. This creates great risks for patients and is a potentially fatal error.

Other mistakes also happen and, given the number of patients cared for in Pennsylvania hospitals ever year, mistakes will continue to happen. However, there needs to be safeguards in place to keep the number of mistakes as low as possible and to prevent negligent errors.

Both the Pennsylvania Supreme Court and the United States District Court for the Eastern District of Pennsylvania have discussed the applicability of corporate negligence to Pennsylvania hospitals and adopted the principle.

Medical Malpractice Unwrapped

2008-10-24T15:34:00.000-07:00

Frequently, instances of medical malpractice are the focal point of media attention.

Medical malpractice is a deviation from the accepted medical norms practiced by a healthcare provider that results in an injury to the patient.

Legal Complexity
It may appear easy to assign blame to the doctors and claim for compensation. However, the complainant will need to establish the following for a successful malpractice claim:
• Doctor failed to adhere to the established norms of medical care
• Breach caused an injury
• Injury caused damages, either emotional or material

Lately, there has been quite an outcry about “junk lawsuits” against doctors and hospitals. The Bush administration is pushing for a limit regarding the amount of compensation that a jury can award a victim.

Medical Murders
It is rather horrifying to note that instances of medical deaths can go beyond medical malpractice. In 2000, a Japanese nurse by the name Daisuke Mori was convicted of killing patients in a clinic in Izumi-ku, Japan by giving muscle relaxants to his patients. This case drew worldwide attention as the “Sendai’s killer nurse” case and exposed the gruesome risks to which patients can be exposed to in hospitals.

Medical Malpractice, a Murky Matter

2008-10-21T16:33:00.000-07:00

For years, the area of medical malpractice has been one that is disturbingly murky.

On one hand, people have been maimed for life, even killed by spurious drugs or medical negligence. And yet on the other hand, a number of doctors, hospitals, and pharmaceutical companies seem to be literally getting away with murder. Even those cases that are settled out of court appear to leave the victims and survivors holding the bag.

Ask yourself this question: If you knew that a physician had been dinged for medical malpractice in the past, would you still seek his services? Do you think that these past records should be made public? This is precisely what the medical board of North Carolina has recently decided to do.

In the past, the board had to deal with allegations that it was shielding doctors. Now it has decided to post online the details of any medical settlements that are more than $25,000. The board has modified some of its initial decisions, including that it will not immediately post the seven-year history as was originally planned. A number of physicians state that this could constitute a breach of trust with regard to secrecy clauses.

In terms of medical malpractice, this could prove to be a milestone. For the first time, the public will have free access to the legal history of their doctor.

A public poll that was recently conducted showed that a whopping 81% thought there should be a full disclosure of malpractice history.

Power to the people. Do you need a medical malpractice lawyer in PA?

PA Medical Malpractice and Psychiatric Disorders

2008-09-25T08:09:00.000-07:00

Psychiatric medicine is often overlooked when it come to understanding medical malpractice

The most common perception of medical malpractice involves the belief that malpractice falls exclusively into the realm of botched surgeries, misdiagnosed afflictions, or improper medication. Granted, all of these definitions definitely do fall under the category of medical malpractice. However, the logic flaw most people are guilty of is they assume these are the exclusive definition of medical malpractice. In reality, any situation involving poor medical care deficient in its duty will fall under the category of medical malpractice. Additionally, an overlooked sphere of medical malpractice: the world of psychiatric medicine. Sadly, the psychiatric field is one which is notorious for cases of medical malpractice.

Part of the reason is the fact that the mentally ill are among the most disaffected in society. As a result, much of the poor treatment directed against them by their doctors is often not reported. In the past, state mental hospitals were notorious for their abusive treatment and neglect of the patients and their care. This is one of the reasons why so many state run mental hospitals have been closed down. While the sad legacy of mental institutions and medical malpractice has fallen into the recesses of the past, much of the same neglect exists to this very day.

On such form neglect takes is of misdiagnosing mental illnesses. For example, simple anxiety is often misdiagnosed as bipolar disorder. This is a serious error because the medication for bipolar disorder is not the same as one would take for anxiety. Such improper medication can lead to a number of problems that could threaten the health of the patient. And any instance of medical malpractice as it relates to a psychiatric patient needs to be taken just as serious as any other medical patient's situation.

Do you need a medical malpractice lawyer?

Medical Malpractice Cases: The Odds of Winning

2008-09-22T13:44:00.000-07:00

It can be tough to win a medical malpractice case under certain circumstances.

Medical malpractice is a serious issue and that is why judgments in medical malpractice lawsuits have a tendency to be high. Of course, those high judgments can only be arrived at in cases that are won which would be roughly 60% of all medical malpractice cases.

So, what is the problem with the other 40% of the cases? Why do they not yield the desired (and expected) result for the plaintiff?

There are two reasons why these medical malpractice cases are resolved in the defendant's favor: There was no actual medical error present and /or the patient did not suffer any harm. In other words, nothing actually happened and no one can seek damages for medical malpractice that never occurred.

So, how is it these cases make their way into the courtroom?

There are a number of reasons why. Probably the main reason is that the plaintiff looks for a Philadelphia lawyer who will tell them what they want to hear. Many qualified medical malpractice attorneys will inform the client that there is no basis for a case. So, the person moves on until he finds an attorney willing to take on a weak or non-existent case. Such a case is then doomed to fail.

Another reason is that the attorney offered very weak representation and this led to the case crumbling. Because of both reasons it is important that anyone filing a medical malpractice claim, they seek the representation of an honest and skilled medical malpractice attorney.

A solid and reliable attorney will provide you with all the pertinent facts as to whether or not your case has merit. This will save a great deal of time and expense when pursuing a case. Of course, you must also take the advice. If you ignore advice then you may end up in that dreaded 40% range.

Psychiatric Drugs and Medical Malpractice

2008-09-18T10:33:00.000-07:00

The long line of dangerous psychiatric drugs seemingly keeps growing.

One of the most overlooked areas of medical malpractice is the issuance of psychiatric drugs in a manner that is not safe. In fact, there are a number of class action lawsuits and medical malpractice suits against pharmaceutical companies and individual psychiatrists. The reason is that many allegedly safe psychiatric drugs are anything but safe.

Probably the most notorious of all psychiatric drugs is ritalin. Ritalin is basically an amphetamine and it is generally prescribed for children with attention deficit disorder or ADD. Ritalin drug has a host of problems including that it has induced cardiac arrest in many recipients. Yet, this very dangerous drug is still on the market. Ritalin is far from alone when it comes to dangerous psychiatric drugs. Often, these drugs are released in the marketplace without really understanding the full ramifications of what their effects might be. In a way, psychiatric drugs are works in progress that often derive from other uses.

Wellbutrin, for example, is used to help people quit smoking and it works quite effectively. This drug is also prescribed for bipolar disorder. Wellbutrin's use for treating bipolar disorder is controversial to say the least. (This is the root of a number of medical malpractice suits.) Sometimes it can work effectively but there are a number of instances where the drug worsened depression and caused suicide.

Really, the roll call of dangerous psychiatric drugs is almost too big to list. Yet, many psychiatrists still prescribe these drugs despite health warnings. Again, this is the reason why so many lawsuits have been filed over the years. Once again, if you have suffered an adverse reaction to taking any of these drugs then you may have a strong case for medical malpractice.

It goes without saying that seeking the counsel of a qualified medical malpractice attorney would be well worth exploring.

Symptoms of Traumatic Brain Injuries

2008-09-15T17:22:00.000-07:00

How does you identify traumatic brain injuries? Do you have a medical malpractice lawsuit?

It is not difficult to detect a broken arm. When an elbow is dislocated there will be significant swelling as well as unusual twist to the range of motion of the limb. In short, no one is going to go into an emergency room with a broken arm and be diagnosed with a broken foot. But, not all medical injuries are this cut and dry.

For example, there are a number of complexities associated with traumatic brain injuries.

Mainly, traumatic brain injuries are sometimes incredibly difficult to detect or diagnose. This is why you must be very aware of head trauma problems. This self awareness starts with taking any head injury seriously. If you slip and fall and hurt your hand you might be able to shake off a broken wrist for a couple days before the pain requires you to go to the doctor. When you do go doctor, you can have the injury treated. But, if you try to sleep off a concussion you may never wake up as you slip into a coma.

Once again, taking traumatic brain injury seriously is critical.

There are, however, additional complexities associated with treating brain injuries. That is, no matter how much research is done into studying the brain, there will always be limitations in terms of the detecting injuries. Sometimes, those injuries are very subtle and cannot reveal themselves based on a cursory examination.

It is important to take any symptom of a brain injury such as blackouts, headaches, or disorientation seriously. To do otherwise would be to place your health at great risk.
Of course, it's also critical that the examining doctor does his or her best to make sure a proper examination is conducted. If a doctor has not been thorough in examination then he may have failed his duty.

This opens the door for a medical malpractice suit. In this instance, exploring your legal options would be well advised.

Medical Malpractice – Breach and Injury

2008-09-15T06:22:00.000-07:00

Breach and injury are defined.

When you enter into the care of a qualified physician your intention is to take whatever malady you are suffering from and make it better. This would be simple common sense. If you had a heart ailment and subjected yourself to bypass surgery, it would not be unreasonable to assume the surgery would improve the heart's ability to function. This would be the duty that the physician is providing when performing the surgery. However, doctors are humans and that means they are prone to making mistakes. But, this does not excuse mistakes that that should not have occurred in the first place. So, if an injury results from a breach of the duty a doctor was supposed to provide then there may be the basis for a medical malpractice suit.

The probably one of the most famous cases of medical malpractice would be the death of the famous pop artist Andy Warhol. Warhol had entered a hospital for gallbladder surgery. It was claimed that because the surgery was botched Warhol would later die as a result. Needless to say, in addition to the obvious breach of duty leading to medical malpractice, this could also be the basis for a wrongful death suit. As far as examples of medical malpractice go, the Warhol case is probably the most "cut and dry". There are, however, cases that may not be as clear.

Again, it is important to know that the instance of malpractice must result in an injury or egregious outcome. If not, then be very difficult to prove medical malpractice. Yes, some might be asking "what about infliction of emotional distress"? Honestly, the complexities of proving damages would be quite complex. But, it is not without precedent that such a case had been proven in the past. However, in most medical malpractice cases, it is a clear and obvious injury that provides the basis for such a suit.

Cancer Misdiagnosis and Medical Malpractice

2008-08-29T09:27:00.001-07:00

When you get a cancer diagnosis, you better get a second opinion confirming it or else you could go through unnecessary and harmful treatment – if you don’t have cancer.

That is exactly what happened to a 50-ish woman who has never smoked but who was treated for cancer that she doesn’t have; small cell anaplastic carcinoma - a lung cancer that is often fatal.

The radiation and chemotherapy treatment has caused complications which she will suffer from the rest of her life and now undergoes a procedure every five to six weeks that stretches the esophagus enough to allow her to eat. The surgery requires general anesthesia.

What went wrong?
The woman went to an urgent care facility suffering from flu-like symptoms. A chest x-ray revealed an oval density in her right lung. A CT scan showed nodules, further tests were ordered that indicated a suspicious malignancy or an inflammatory lesion. Extensive radiation began and then chemotherapy. She also suffers from numbness, a problem she didn’t have before the misdiagnosis treatment.

The woman filed a lawsuit for unspecified damages and legal fees.

Medical Malpractice and Misdiagnoses

2008-08-15T13:48:00.000-07:00

Misdiagnoses remain a major form of medical malpractice.

Medical malpractice comes in a number of forms. Most people, however, have a very narrow opinion of what constitutes medical malpractice. Generally, they will assume that malpractice is defined as a botched operation or an improperly performed procedure. While these are most definitely forms of medical malpractice, they are not the complete totality of all types of medical malpractice.

Actually, the most common forms of medical malpractice center on either a misdiagnosis or not making a diagnosis at all. In fact, such failures to diagnose conditions have even occurred with extremely serious diseases. As strange as it may sound is not uncommon for someone suffering from cancer to receive a completely inaccurate diagnosis.

In fact, there were even instances where lung cancer was not properly detected. Consider the following scenario: an individual enters an emergency room complaining of chest pains. The examining physicians may tell the patient the problem is minor chest congestion. In the days that follow, the pain does not go away. Even follow-up visits with a regular physician may yield the same diagnosis. Weeks go by and the pain never subsides. When the individual goes for a third opinion, the presence of lung cancer is finally discovered. Sadly, the cancer is now past the point of being treatable and the patient can not be helped.

When the doctor fails to diagnose cancer or any other serious condition, the doctor may be guilty of medical malpractice. This will be particularly true if the doctor did not follow through and perform all the required tests. Often, it is this lack of proper testing or examination that is the reason for most missed diagnoses. Needless to say, a physician who is guilty of such egregious behavior can be held liable in a civil suit. Yes, there will be instances that the doctor did all he or she could and the tests came up inconclusive. Ultimately, it will be the outcome of a medical malpractice suit which will arrive at the proper conclusion.

The Grave Danger of Anesthesia ErrorsDescription

2008-08-10T13:52:00.000-07:00

There a number of deaths that are the result of anesthesia errors.

Some medical procedures are supposed to be very simple to perform. Despite the high costs, liposuction would be considered one of the easiest procedures to perform. Generally, all that is required is the person be placed under aesthesia and then the suction procedure is performed. Yet, there are a multitude of cases where people have died unexpectedly while being placed under anesthesia. Sadly, this horrible mishap is not exclusive to plastic surgery. Instances of fatalities due to anesthesia errors have occurred during a number of surgical procedures. Often, this is the result of gross negligence. The anesthesia was improperly administered and this leads to a fatality. As such, this type of medical malpractice often leads to wrongful death suits.

Such situations should never occur. When an individual places himself under the care of a physician the individual has the right to expect proper treatment. When the treatment leads to serious injuries or fatalities those who were negligible deserve to be held accountable for their actions. This is why medical malpractice suits are recommended in instances of anesthesia mishaps. Hopefully, such lawsuits will lead to an increased quality of care when administering anesthesia.

Now, some may assume that these types of lawsuits are designed for "revenge". Such an assessment would be far from accurate. Medical malpractice lawsuits are employed for a number of reasons. The fallout of wrongful death or medical malpractice disasters often devastates a family. In addition to the vast inflicted grief a family suffers, there may be financial devastation that results as well. Therefore, is not unreasonable for the next of kin or the affected party to seek a remedy. This comes in the form of seeking financial compensation from the individual or entity that was responsible for the anesthesia error. After all, who should be held liable other than those who caused the mishap in the first place?

Medical Malpractice – Duty Owed and Duty Breached

2008-07-31T06:21:00.001-07:00

There are certain criteria needed to prove medical malpractice

Do most people really understand what is referred to as medical malpractice? Really, there is more to it than what is initially assumed. Most people realize the medical malpractice involves an unintended result during a physician's treatment. After all, that is what the term medical malpractice essentially means. However, when it comes time to filing a lawsuit for medical malpractice winning or losing the case will not be based on an unintended result alone. There are certain components that must be proven in court of law as well. Therefore, before even getting to trial certain baseline criteria must be met in order to establish a legitimate claim for medical malpractice. These claims will center on duty promised and duty breached.

Duty promised refers to the medical treatment that a patient was supposed to receive while under a doctor's care. For example, if you tear a ligament in your knee that duty promised would be a surgery that reattaches the disconnected ligaments. After all, it would not be unreasonable to expect a surgery to repair a torn knee to actually repair the knee. Duty breached, however, refers to those incidents where the end result is far different than what was promised. An example of this would be a knee surgery that failed miserably and left the knee in worse condition that was prior to the surgery.

In general, these two requirements must be met in order to have the basis for medical malpractice lawsuit. That means if you have the knee surgery and works out properly but you don't like the result it is doubtful that you have a legitimate claim for medical malpractice. The physician delivered exactly what was promised within acceptable standards of medicine. Therefore, you would not have a case for medical malpractice as discontent alone is not enough for a suit. A thoroughly botched case, however, would definitely fit the criteria for a medical malpractice suit.

Did the Doctor Prescribe a Dangerous Drug?

2008-07-28T13:33:00.000-07:00

Faulty psychiatric drugs remain a common source of medical malpractice suits.

When it comes to psychiatric drugs there is often a very dangerous game that is played. That game is the very dubious policy of experimentation. This is because the brain and its function is often a mystery. As such, the development of drugs to treat psychiatric illnesses often involves trial and error experimentation.

Many times, a drug that is commonly prescribed for psychiatric treatment originally had a completely different use. For example, one of the anti-depressant Wellbutrin's originally uses was to curb smoking. The reason the drug is transferred to psychiatric use is because the drug did demonstrate it could reduce depression. But, it was later discovered that the drug also INCREASED levels of depression. This is why there are a number of medical malpractice suits pending against the manufacturer of the drug. Sadly, this is yet another in a long line of mishaps deriving from psychiatric drugs being released on the market too soon.

Such problems are not exclusive to Wellbutrin. Ritalin, for example, had been regularly prescribed for attention deficit disorder until the full danger of the drug had been realized. One such problem is the drug can cause heart failure. Now, if you are assuming that the drug has been pulled off the market and you would be making any incorrect assumption. Ritalin, along with a host of potentially dangerous psychiatric drugs, is still legal to prescribe. That does not, however, let any physicians off the proverbial medical malpractice hook for prescribing such drugs.

If you have suffered any adverse effects from a psychiatric drug, it would be best to discuss the situation with an attorney. Currently, there are a number of class action and individual lawsuits been filed against pharmaceutical companies and psychiatrists for knowingly prescribing these dangerous prescriptions. Exploring your own options in lieu of any adverse effects would be well advised.

Girl Paralyzed by OptiMesh Surgery

2008-07-11T07:09:00.000-07:00

A surgeon recommended OptiMesh Kyphoplasty spine surgery for a 13-year-old girl who fell off her bicycle and suffered a vertebrae compression fracture but after months of wearing a back brace was now pain free. A lawsuit says that the doctor performed unnecessary surgery on the girl who is now paralyzed.

The judge ruled that evidence suggests that the neurosurgeon acted with willful indifference and that his actions created a high probability of injury which qualifies the case and the surgeon for punitive damages. Testimony demonstrated that the surgeon failed to tell his peers that the patient was now pain free and that her previous fractured had healed. Without knowing these crucial facts, they instructed him that performing the surgery in a certain way would present a risk of spinal cord injury but he proceeded.

The lawsuit claims spine X-rays and an MR scan showed the girl’s vertebra fracture to be completely healed and her spinal curvature to be within normal limits. For whatever reason the surgeon was able to convince the parents that she needed surgery.

The lawsuit claims that OptiMesh Kyphoplasty spine surgery should only be done when chronic painful compression fractures are caused by a weakened bone structure. The girl was not suffering from this.

The family already reached a settlement with Spineology Inc., the company that manufactures OptiMesh. Details of the settlement were sealed by the court.

Source: Mankato Free Press

Is Back Surgery the Answer?
Oh, my aching back. Does a chronic aching back mean you should have back surgery?
In 2007, approximately 150,000 lower-lumbar spinal fusions were performed in the United States. The operation, which involves removing lumbar disks and mechanically bracing the vertebrae, benefits patients with fractured spines or spinal cancers. Most recently it’s performed to lessen chronic lower back pain.

But the question on everyone’s mind, everyone including doctors, insurance companies, and patients – is: Is the back surgery effective?

Depends as each group of specialists favor the diagnostic tools of their discipline. For instance neurologists use electromyograms (EMGs). Rheumatologists prefer blood tests that identify rare autoimmune conditions that affect the spine. Surgeons prefer MRI scans to reveal the anatomy of disks and vertebral bones. Each diagnostic tool may decipher a different problem and a platform of different solutions.

If hospitals and surgical centers are able to stick a needle into a person, they are reimbursed handsomely by the insurance company. Therefore performing invasive procedures has been the push by the medical community. Discography, once rarely performed, is now almost performed routinely.

Around 85 per cent of patients who suffer from lower-back pain never receive a precise diagnosis. The pain could be a sprain or a strain which vastly improved almost 100 percent of the time within weeks without specific therapy.

Operations are costly and complex leaving room for error. Less than 25 percent of the operations are ever completely successful. For the majority of patients, the surgery does not have a dramatic impact on either their pain or their mobility.

Spinal technology has rapidly developed with all sorts of screws, rods, and cages. Instruments are aggressively marketed, generating high profit margins for both the manufacturers and the hospitals that use them.

Source: Cal. Pine Inst. Med Ctr.

June 2008 Pennsylvania Patient Safety Advisory (Vol. 5, No. 2)

2008-07-04T07:01:00.000-07:00

REVIEWS & ANALYSES
- Care at Discharge—A Critical Juncture for Transition to Posthospital Care — Discharge is a critical transition period for patients and a process that calls for education, assessment, follow-up, organization, confirmation, and review. A sample checklist to help staff assess that all discharge components are completed upon patient discharge is available on the Pennsylvania Patient Safety Authority Web site at PSA.State.pa.us.

- Prevention of Inadvertent Perioperative Hypothermia — Hypothermia may occur in any patient and may result in serious complications affecting the cardiovascular system, coagulation, and wound infection and healing.

- Sterile Water Should Not be Given “Freely”— Sterile water is hypotonic. Serious patient harm, including hemolysis, can result when it is administered by direct intravenous infusion.

- Colon Perforations Complicating Colonoscopies: What is the Best Known Evidence for Prevention? Identifying modifiable risk factors associated with colon perforation during colonoscopy could lead to fewer perforations.

- Icodextrin in Peritoneal Dialysis Solution May Cause Falsely High Blood Glucose Readings — Blood containing maltose, galactose, or xylose can falsely elevate the results obtained from point-of-care glucose meters using a particular enzyme/indicator test method.

(Self-Assessment Questions — Go to the Pennsylvania Medical Society Web site at http://www.pamedsoc.org/ to learn more about patient safety CME opportunities related to selected portions of the Pennsylvania Patient Safety Advisory.)

OTHER FEATURES
- Leadership Series: Executive Patient Safety Walkrounds — Abington Memorial Hospital’s patient safety staff members have been conducting patient safety walkrounds for several years and have witnessed an increasing level of popularity in the exercise from trustees and executives.

FOCUS ON INFECTION CONTROL
- Act 52 of 2007: the Authority’s Role, Progress to Date, and Future Goals — Hospitals and nursing homes are required by 2007 legislation to report healthcare-associated infections (HAIs) to the Pennsylvania Patient Safety Authority. Ongoing collection and analysis of HAI-related data from more than 250 hospitals and 800 nursing homes will assist the Authority in identifying trends, patterns, and potential process or system failures.
FROM THE DATABASE

- “Manager Spoke with RN Involved: Reviewed Policy No. 750” — The patient safety analysts suggest a system solution to avoid medication overdoses, rather than asking a healthcare provider to recall one policy among many.

- Bubble Gum Story — What does bubble gum have to do with patient safety? By the end of this article, we hope you’ll see how they’re connected.

OTHER PATIENT SAFETY INFORMATION
- Dangers Associated with Shared Multidose Vials — As recent national news has illustrated, multidose vial use in any patient care area is risky, with an ever-present danger for iatrogenic cross-contamination.
UPDATES

- Quarterly Update on the Preventing Wrong-Site Surgery Project — Previous wrong-site surgery data has been updated according to information submitted during the last quarter. The toolkit, “Preventing Wrong-Site Surgery,” has been updated to include more recent data snapshots and additional resources, including sample scheduling and verification forms, a monitoring tool, and an educational poster. The toolkit is available at PSA.

CORRECTION
- Medication Assessment: One Determinant of Falls Risk (Pa Patient Saf Advis 2008 Mar;5[1]:16-8.) — This article contained statements in error on pages 16 and 17 that need correction about the 33,882 falls reported in 2006 to PA-PSRS.

We welcome your feedback on the Pennsylvania Patient Safety Advisory. Please send your comments to the support desk at support_papsrs@state.pa.us.

The Pennsylvania Patient Safety Authority has an open editorial policy that encourages broad distribution and reprinting. The Pennsylvania Patient Safety Advisory may be reprinted and distributed without restriction, provided it is printed or distributed in its entirety and without alteration. Individual articles may be reprinted in their entirety and without alteration provided the source is clearly attributed. When reprinting content from the Pennsylvania Patient Safety Advisory, a courtesy copy to the Pennsylvania Patient Safety Authority would be greatly appreciated.

Healthcare arbitration: Good or bad?

2008-06-17T07:03:00.001-07:00

Sign on the dotted line proactively agreeing to arbitration not litigation for medical malpractice or your doctor may not take you on as a patient. While hundreds of thousands of patients are complying; some free thinking people are not.

According to Alan Schwartz, Esquire, of the Philadelphia-based law firm, Anapol Schwartz, malpractice victims do better in court. The arbitration system rules work against the legal system. “It’s like playing my game in their stadium with their refs.”

Doctors say that arbitration contracts hold down skyrocketing medical malpractice insurance. Malpractice insurance companies think that arbitration is good for doctors and patients but not for plaintiffs’ attorneys. People who favor arbitration say arbitration is faster, cheaper and fairer than trials.

Critics of arbitration say the system can weighted against consumers and make it harder to track complaints and set precedents.

Some doctors will refuse to care for patients who don’t sign an arbitration agreement which limits pain and suffering payments. Some patients feel that signing an arbitration agreement sets the tone as adversarial. So far the practice of arbitration agreements is not widespread…yet but is growing and is already common on the West Coast. Many nursing homes ask residents to sign arbitration agreements.

Medical Malpractice Attorney - Medical Malpractice - Malpractice Laws

2008-06-09T06:51:00.000-07:00

Don’t let that negligent, incompetent doctor go scot-free. Contact a qualified medical malpractice attorney and fight for your rights. Stop suffering in silence.

Protect Your Rights Through A Medical Malpractice Attorney

The emotional price paid by someone whose beloved dies due to doctor’s negligence can’t be expressed in words, but a medical malpractice attorney can certainly help the family in coping with learning what happened and in securing the future of those who depended upon their loved one for support. However, this isn’t a simple process. Every state has its own malpractice laws, and importantly, a statute of limitations.

A competent medical malpractice attorney can seek all damages that are available to medical malpractice victims. There can be both compensatory and punitive damages, if the circumstance warrant. The former involves compensation for medical bills of the past and future, which includes hospitalization, treatment or surgery, lost wages, and pain and suffering. This includes any disfigurement or deformity, physical illness, or mental disorder.

Punitive damages are aimed more towards punishing the negligent doctor, medical clinic, or hospital rather than compensating the victim. These are tougher to recover. The medical malpractice attorney has to prove blatant disregard shown by the doctor towards the patient’s safety. There are times when the malpractice payouts for both kinds of damages amount to millions of dollars. Obviously, it depends on the degree of damage inflicted upon the victim of medical malpractice.

New Jersey Hospital Introduces New Procedure Post Gastric Bypass Surgery

2008-05-21T05:16:00.000-07:00

Monmouth Medical Center is one of the first hospitals in the United States and the only hospital in New Jersey to offer a new incision-less procedure to reverse weight gain after gastric bypass surgery.

The incision-free procedure dubbed Restorative Obesity Surgery, Endolumenal or ROSE reduces the size of a patient's stomach pouch and stoma to the original post-gastric bypass proportions to help them back onto the path of weight loss.

Sometimes, through no fault of their own or their surgeon, the benefits of the bypass procedure are not permanent. Revision options have been expensive, difficult to perform, and risky for the patient, effectively leaving them without any treatment options. The new incision-less procedure offered at New Jersey’s Monmouth Medical Center offers a less invasive way to correct a key cause of weight regain.

Gastric bypass surgery offers the most effective means possible to lose weight but is not always a permanent fix. Up to 44 percent of patients who undergo gastric bypass begin to regain weight a few years after their initial operation.

Studies show that post-gastric bypass weight regain sometimes occurs because the stomach pouch and the opening to the small intestine slowly stretch out, allowing the patient to eat more without feeling full. Invasive procedures to restore the anatomy to the original post-surgery proportions have been too complicated and dangerous for most patients, leaving them without any feasible treatment options.

By eliminating skin incisions, this new procedure may provide important advantages to patients including reduced risk of infection and associated complications, less post-operative pain, faster recovery time and no abdominal scars. Ideal patients for the ROSE procedure are patients who were initially successful losing weight after their gastric bypass and now are regaining weight. After an initial screening, candidates undergo a series of evaluations including nutritional and dietary counseling, a full medical exam and endoscopy to determine if they are good candidates.

Source: http://biz.yahoo.com/prnews/080408/nytu045.html?.v=101

Gastric bypass

2008-05-12T03:36:00.000-07:00

The benefits of gastric bypass surgery are numerous, including a decreased risk of developing various life threatening diseases as a result of morbid obesity. However, gastric bypass surgery, just like any other surgery, comes with its own set of inherent risks. There is a statistical correlation between the risks of surgery with the experience of the surgeon.

One of the possible risks with gastric bypass surgery is mortality or death. The statistics show that there is likely to be one death in about 200 to 300 surgeries. The death risk depends on age, the general health of the patient, and other medical conditions.Another common risk is blood clotting in the patient's legs. If the clots travel to the lungs and clog up the lung's arteries, this is a serious condition called pulmonary embolism that can damage lung tissues and can even lead to death.

Another risk associated with gastric bypass surgery is the dumping syndrome, a condition where stomach contents move too quickly through the small intestine. Dumping syndrome includes severe stomach cramping, diarrhea, sweating, heart palpitations and even dizziness. Dumping syndrome can be prevented by the patient only and it only requires that the patient eat only what is on the diet list of approved foods and eat no more than the stomach pouch can handle.

Other risks include:

Incision infection
Narrowing of connection site
Bowel obstruction
Bleeding
Infection
Injury to spleen
Anemia
Gallstones
Nutritional deficiency
Incision hernia
Ulcers
Leaking at the staple lines

Senator Proposed Health Insurance Cover Gastric Bypass Surgery

2008-04-21T11:00:00.000-07:00

If a Republican Senator from New Hampshire has his way, gastric bypass surgery could be covered by health insurance. According to his legislative cronies and health insurance companies it won’t be an option any time soon.

The Senator had gastric bypass and had to pay more than $20,000 out of his own pocket. Government officials paying for their own health insurance and medical procedures is an eye-opening rarity. The Senator decided to pursue the measure after learning his family health insurer, Cigna Health Care, would not cover the procedure. Doctors advised Clegg to have the bypass because it also would correct problems with his metabolism.

Cigna's lobbyist said the insurer covers gastric bypass surgery in some, but not all, of its insurance plans. Mandating it as a benefit on all policies would raise premiums.The SB 312 is compassionate and it is well-meaning but a tremendously bad idea according to political cronies. Anthem, another health insurance carrier, said the gastric bypass procedure is too new to know the long-term impacts. Gastric bypass surgery improves diabetic symptoms but does not alter risks from high levels of cholesterol or blood pressure. Another thought is that this costly surgery would lower medical costs by improving health and reducing the risk of worker injuries.

Sources:
(1) http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20080416/NEWS02/484626802/-1/OPINION01
(2) http://www.anapolschwartz.com/practices/medical-malpractice/blog/index.html

Gastric Bypass Surgery & Pregnancy

2008-04-16T05:45:00.000-07:00

How safe is pregnancy after gastric bypass surgery? One study said that women who became pregnant after gastric bypass surgery experienced complications, such as bleeding and restricted growth of the fetus. A newer study suggested that weight-loss surgery protects obese women and their babies from gestational diabetes.

It is recommended that women wait a year to 18 months before getting pregnant after gastric bypass surgery. Rapid or persistent weight loss may deprive a fetus and mother of iron, folate, vitamin B-12, and calcium. Be sure to take your vitamins for a healthy baby and healthy mom.

See: http://www.mayoclinic.com/health/pregnancy-after-gastric-bypass/AN01828

Failure to Diagnose Heart Attack

2008-04-14T10:31:00.001-07:00

A heart attack, or myocardial infarction, occurs when the arteries that supply blood to the heart muscle are acutely clogged, usually by a blood clot. Sometimes a heart attack is sudden and unexpected. Most often, it results after a long term narrowing of arteries with cardiovascular disease.

The most common symptom of a heart attack is chest pain. However, the symptoms of a heart attach may be varied and vague. Chest pain may be mild or absent, especially in women. Heart attacks are most commonly misdiagnosed as gastrointestinal issues – reflux, GERD, heartburn or indigestion. A precursor to acute myocardial infarction called angina, or chest pain, can also be improper diagnosed as a heart attack.

Bariatric Surgery - Medical Malpractice

2008-04-08T12:13:00.000-07:00

Bariatric surgery, a surgical intervention to aid in weight loss, works by restricting calorie intake by either reducing the size of the stomach, restricting the inflow to the stomach or surgically circumventing the stomach. These types of interventions have seen an explosion in popularity. Inexperienced surgeons jumping onto the bandwagon can be a primary root cause of bariatric surgery malpractice. It has been shown that a surgeon’s experience with a particular surgery has a direct correlation with positive outcomes. It takes more than a weekend seminar training class to become proficient. Bariatric surgery is difficult to perform and can lead to several severe complications if not done correctly. Bariatric surgery medical malpractice occurs when injury or harm results from the negligence of a medical practitioner. These surgeries have an approximate 10% complication rate and approximately 1% accidental death rate.

Medical Malpractice: A Plastic Surgery Example

2008-04-07T13:07:00.001-07:00

The recent case of plastic surgery malpractice surrounding Priscilla Presley has raised a number of eyebrows. For those not familiar with the case, the physician injected silicon into Ms. Presley's face which was an unapproved procedure that deviated from a variety of standard practices for plastic surgery. The end result was a botched unsuccessful procedure. This is a common reason for medical malpractice: deviating from standard acceptable procedures. While this is not commonplace it does occur and when it does occur it can provide the basis for a medical malpractice case. Usually, such cases are often "cut and dry" because deviation from acceptable practices is often gross negligence.

The Cause of Medical Malpractice

2008-04-04T11:10:00.001-07:00

So why does medical malpractice occur? This is a common question many people ask and while there is no simple answer to this question a common response will be jumping to a diagnosis too quickly. Or, more accurately, the lack of a proper examination is a common reason for medical malpractice. Such oversights are seriously inexcusable and this is why physicians who are negligible to overlook a serious condition will find themselves in serious jeopardy. When one seeks the help of a practicing physician they are expecting a proper diagnosis and there is no excuse for overlooking when serious or even benign conditions are concerned.

Medical Malpractice and Product Liability

2008-04-01T03:50:00.001-07:00

Medical malpractice is often tied in with faults associated with a number of prescription drugs on the market that have been known to cause harm to people. In a way, medical malpractice can be considered a close cousin to product liability because often cases of malpractice are tied in with prescribing flawed products. While people often look at the immediate financial gain one can acquire from a medical malpractice lawsuit people often do not think of the very valuable preventive deterrence such lawsuits provide as well. This can aid in keeping very bad drugs off the market as it provides an incentive for drug makers to stay above board in their business plans. A doctor could be held responsible in cases where the doctor failed to inform the patient of risks of a drug listed on the label, while the manufacturer could be held responsible for failing to warn the doctor - by failing to list the side effects and risks on the label.

Pennsylvania: The Keystone State

2008-03-31T13:13:00.001-07:00

While most people know that Pennsylvania is commonly referred to as the keystone state most people are not familiar with why the name was coined. Part of the reason was because of the geographic location in relation to the other 13 colonies during the 18th century but the main reason was the fact that Pennsylvania was at the center of industry and production for many years. Granted, the industrial strength of Pennsylvania has been greatly weakened in recent years but it has always had its ups and downs and will surely make an economic comeback sometime in the near future.

Can Hackers Tamper with Wireless Heart Devices?

2008-03-13T05:25:00.000-07:00

For all the trouble that hackers have caused people, computers, and businesses – none of it has been as life threatening as the ability to reprogram a wireless heart device like a defibrillator or a pacemaker.

Fortunately, it hasn’t happened yet but it could, according to computer researchers who came together in a laboratory setting to follow up a theory and practice on a nonhuman subject.

The researchers said they were able to glean personal patient data by eavesdropping on signals from the tiny wireless radio that Medtronic, the device’s maker, had embedded in the implant as a way to let doctors monitor and adjust it without surgery.

The report, published at http://www.secure-medicine.org/, makes clear that people with implanted defibrillators or pacemakers have no need yet to fear hackers. Defibrillators shock chaotic hearts back into normal rhythms. Pacemakers use gentle stimulation to slow or speed up the heart. Federal regulators confirm that no security breaches had ever been reported.

But what the researchers did say is that the test results suggest too little attention was paid to security in the growing number of medical implants being equipped with communications capabilities. Now the risks are low but could increase vulnerability in the future.

Testing the defenses in an actual implant or to learn if anyone trying to use them might run afoul of existing patent claims was not tested for fear of harming a real patient.

The result of the study was shared with the FDA who has begun better scrutinizing radio devices in implants. But the agency’s focus has been primarily on whether unintentional interference from other equipment might compromise the safety or reliability of the radio-equipped medical implants. In a document published in January, the agency included security in a list of concerns about wireless technology that device makers needed to address.

The heart device manufacturers – Medtronic, Boston Scientific, and St. Jude Medical -- all claim that their equipment is safe.

See: http://www.theledger.com/article/20080312/ZNYT04/803120510/-1/ZNYT

Contaminant Found in Blood Thinner Heparin

2008-03-06T08:05:00.000-08:00

Last year, pet food made in China was found to be tainted with an ingredient that replaced more expensive protein and that initial tests did not identify as a contaminant. Could the heparin contamination could be a similar case?

The FDA announced on March 5, 2008 that they found a contaminant in Baxter Healthcare’s heparin which initially had a partial heparin recall and then spread to a total heparin recall.

The FDA found a heparin like compound that is not heparin which comprises 5 to 20 percent of the samples tested. However, so far there has been no link between the contaminant and the serious adverse reactions which now comprised almost 800 adverse reactions and at least 21 deaths. Because of the widespread publicity of the heparin recall, reporting it up to an all time high. It has not yet been determined if the contaminant was introduced in China or at the plant in Wisconsin.

The heparin contaminant exists – and time and further investigation will reveal all. Have you or a family member been the victim of serious adverse reactions to the heparin recall? If so, it’s advisable that you talk to a law firm about your options. The heparin recall case involves product liability, negligence, personal injury, and possibly wrongful death. You and perhaps hundreds or thousands of people will be affected. As a victim of the callous mega-million dollar pharmaceutical company’s quest for profit over people, you will need the guidance and leadership of a law firm. That law firm is Anapol Schwartz, with offices in Reading, Media, Harrisburg, and Philadelphia, Pennsylvania and Cherry Hill, New Jersey. Contact us for a complimentary legal consultation today. The firm has a number of lawyers with experience in Medical Malpractice and Dangerous Medical Device Cases.

Later this week the FDA will reveal how manufacturers and regulators can screen for the contaminant. The FDA claims to have inspected over 1,000 foreign plants in the last year. Blood thinner products like heparin have been on the market for 60 years without any problems until now.

Reports of adverse reactions include difficulty breathing, nausea, vomiting, excessive sweating and plummeting blood pressure that can lead to life-threatening shock and death.