Medical Negligence and Breast Cancer

November 30, 2008

In an alarming case of medical negligence, an Iowa woman gets a second chance thanks to the Supreme Court’s ruling that will send her case back to a lower court for proceedings.

The original suit brought by Pamela Rock alleging medical negligence in failure to diagnose breast cancer, ultimately causing the cancer to spread to her lymph nodes, was dismissed citing that it exceeded the two year statute of limitations.  Ms. Rock’s attorneys, however, in their appeal were able to prove that the statute of limitations did not begin until she received her diagnosis of cancer, which was within the two year time frame of when she filed suit.

In 2002, Rock found a lump in her left breast and contacted Dr. Rose Warhank to make an appointment.  She was then referred to the Center for Breast Health, where a mammogram was performed and diagnosed as “normal” by Warhank.

Rock was then asked to return for additional views of her right breast, at which point she reminded the medical staff that the lump she was concerned about was in her left breast.  She was again assured that her left breast was fine.

Rock was still concerned, however, and a few months later she got a second opinion from another doctor.  It was after further testing and a surgical consult that she was finally diagnosed with breast cancer.   At that point, the cancer had spread to her lymph nodes.

She ultimately had to have breast tissue and six lymph nodes removed, and underwent chemotherapy.  Her 2004 lawsuit claims that the medical negligence of Dr. Warhank and the Center for Breast Health caused her to undergo additional medical and surgical treatments, as well as shortened her life span.

The Supreme Court overturned the rulings of the district court and court of appeals, ruling that although the original misdiagnosis occurred in May 2002, outside the statute of limitations, her actual diagnosis of cancer occurred within the statute and she therefore has ample right to file suit.

The case will again be returned to district court to be heard.

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Posted by Dave Austin

Nursing Home Malpractice in the News

November 29, 2008

Kathleen Immediato, the widow of a Californian man who died in a VA facility due to negligence and improper medical care recently won a settlement in her case.  It’s another heartbreaking example of the growing epidemic of nursing home malpractice.

80 year old Ralph Immediato was admitted into the VA Center for Rehabilitation and Extended Care in Martinez for a 30 day respite.  According to his widow, he was excited about the stay, and looked forward to meeting other veterans.

Mr. Immediato was suffering from multiple medical ailments, such as Parkinson’s disease and the beginnings of dementia.  His prior health issues of a prostatectomy and urostomy put him particularly at risk for urinary tract infections, according to his wife.  And that is exactly what he developed while staying at the VA.

Her lawsuit claimed that the staff at the VA failed to properly diagnose and treat the infection ultimately leading to Immediato suffering a stroke due to his weakened state.  He died shortly after from sepsis.

His 68 year old widow was awarded a settlement of $40,000 of the $1 million she sued for.

This is just one of many nursing home malpractice cases that occur every day across the country.  If you feel a loved one is currently or has previously been a victim of nursing home malpractice, it is critical that you consult with a medical attorney to discuss your rights.

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Posted by Dave Austin

Emergency Room Malpractice

November 28, 2008

Among the many forms of medical negligence, perhaps one of the most devastating ones is emergency room malpractice.  And it happens all too often.  A recent study by the Journal of the American Medical Association revealed that an astounding 225,000 people lose their lives each year due to medical negligence, attributing nearly half to emergency room malpractice.

With the extended work hours and high stress environment of ERs, it’s no surprise that errors such as the following often occur:

  • Delay of treatment
  • Incorrect diagnosis
  • Failure to diagnose
  • Prescription or dosage errors
  • Lack of proper diagnostic testing
  • Failure to consult specialists

Mistakes such as these can cause serious complications and even death, and can usually be avoided.

Some specific examples of emergency room malpractice include misdiagnosis of heart attacks, failure to diagnose and treat bacterial infections, and missed blood clots resulting in amputation.  But there are countless other cases that have occurred, and continue to occur each day across the country.

If you feel that you have been a victim, or feel a loved one has suffered a wrongful death as a result of emergency room malpractice, you have rights.  Speak with an experienced medical malpractice attorney who can help you determine the best course of action to seek justice.

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Posted by Dave Austin

Diagnosis Malpractice

November 27, 2008

Medical malpractice can be devastating to those victims and their families who have suffered as a result.  Although there are many different kinds of malpractice, perhaps one of the most common is diagnosis malpractice.

Diagnosis malpractice occurs often because it is probably one of the easiest mistakes a doctor or medical professional can make.  But it can also be one of the most damaging.

Failure to diagnose.

When a patient seeks medical treatment for an ailment and the doctor overlooks any or all of the exhibited symptoms, ultimately failing to diagnose the patient with the illness or disease, the results can be devastating.

Wrong diagnosis.

Many illnesses bring with them the same or similar symptoms as others, and it is a doctor’s job to properly examine every possibility until a proper diagnosis is reached.  When a doctor fails to do this, the risk to the patient is that they will be treated for the wrong illness while the real culprit goes undetected and untreated.  In certain cases, such as cancer, this can result in wrongful death.

Improper course of treatment.

If a doctor misdiagnoses a patient’s illness, it can result in the wrong course of treatments such as taking medication that is not needed and potentially harmful, causing further damage to the patient.

Diagnosis malpractice is a very real, very dangerous form of medical negligence that can result in devastating effects on the victims who suffer from it.  Medical attorneys are experienced in determining if diagnosis malpractice has occurred, and can help victims fight for their rights.  If you think you may have suffered as a result of a doctor or medical professional’s missed or wrong diagnosis, contact a lawyer immediately.

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Posted by Dave Austin

What to Ask When Hiring a Medical Attorney

November 20, 2008

If you are a victim of medical malpractice, you have a right to pursue justice and get compensation for your injuries.  Before you file, however, you will need the help of an experienced medical attorney.  But with so many choices out there, what questions should you ask before you make your decision of who to hire?

Here are some things to consider when interviewing a potential medical attorney to represent you:

Does he or she specialize in malpractice law?  Malpractice laws vary from state to state, and can be extremely complicated and confusing.  It is crucial to the success of your case that the attorney you choose to represent you be an expert in these laws.

How long have they been practicing?  Everyone has to start somewhere, but you will have a much better chance of winning your claim if you hire a medical attorney who has years of experience in practice.

How many cases has he or she successfully settled?  A lawyer’s track record can speak volumes, so find out before you make your decision.

Do they have references?  Nothing provides a better testimony to an attorney’s success than a satisfied client.  Ask if there are any written statements from former clients that you can review.

How does payment work?  Medical attorneys are usually only paid a percentage of the award their clients receive, but you want to know up front if this is the case and if so what percentage they expect to collect.

What kind of staff do they have, and will they have the appropriate time and resources to represent you?  You want a medical attorney who is available to you should you have any questions or concerns, so beware of those that seem overwhelmed or understaffed.

Is he or she associated with any reputable law associations?  It isn’t easy to become a member of many of these associations, so this is often a way to weed out the better attorneys from the less desirable ones.

Of course, these are just a few of the questions you can pose when interviewing a potential medical lawyer.  You should feel comfortable asking him or her any other question that will help you make a decision.

You want to be successful in your malpractice claim, so be sure you properly review and choose the right medical attorney for you, so you have the best chance in getting justice.

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Posted by Dave Austin

The Truth about Medical Malpractice Cases

November 19, 2008

There are many myths out there that propose that insurance rates are high due to medical malpractice case payouts and that there should be limits placed on how much compensation that an injured patient receives.  The reasoning behind these ideas is just that: myth.

The truth of the matter is there are many reasons why insurance rates have gone up over the years.  None of them have anything to do with so-called “huge payouts” to patients.  Let’s take a look at the facts.

The number of practicing doctors continues to increase, but malpractice cases have not.

Statistics show that the number of physicians in America has increased by 40% over the past two decades.  This includes emergency room doctors, which have doubled in number since 1990, neurosurgeons, which have grown 20%, and OB/GYNs, who have seen a 25% increase.

On the contrary, medical malpractice cases have actually decreased since 1998.

Insurance companies themselves are often to blame for sharp rate increases.

There has long been held a theory that the insurance companies had no choice but to raise their rates because of all the huge payouts in medical malpractice claims.  The fact is malpractice settlement amounts have remained relatively flat for several years.  In most cases, the insurance companies have been gouging the industry all on their own.

Reduction in payouts doesn’t necessary mean reduction in premiums.

The idea that paying less to victims of medical malpractice, or putting a cap on the amount they can be awarded will somehow lower the cost of insurance premiums is inaccurate.

In fact, it is estimated that even if malpractice costs are lowered by 25-30 percent, insurance premiums would only see a subsequent reduction of half a percent.

The bottom line is, medical malpractice is not the culprit of high insurance premiums, but is a very real problem that victims have every right to seek justice for.

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Posted by Dave Austin

Fighting Malpractice Caps

November 18, 2008

Several states are moving toward putting a cap on the amount a victim can receive in medical malpractice claims, a move that would be unfair and potentially devastating to the injured party.

In Illinois passed a law three years ago that limits settlements to $500,000 in cases against doctors, and $1 million against hospitals.

Those who oppose the law have brought it to the Supreme Court, arguing that these caps are too restrictive to those who have suffered debilitating injuries, and will need subsequent medical care for the rest of their lives.

The state of Nevada has a cap in place that limits pain and suffering payouts to $350,000.  One victim in particular has spoken out about how this cap has negatively impacted his life.

Richard Krikalo underwent surgery in 2007 to have his retina reattached, and claims that because of negligence on the part of his doctor, is now nearly blind in his right eye, and suffers problems with depth perception and peripheral vision.

The restrictions put in place by the so-called medical malpractice reforms in Nevada in 2004 have made it nearly impossible for him to find an attorney who will even represent him.  And should he locate one who can win him a settlement, the amount he would be able to collect grossly underestimates the extent of his injuries.

Placing caps on medical malpractice settlements only benefits the physicians and the insurance industry.  It does an extreme injustice, however, to those who have already suffered the greatest losses: the patients.

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Posted by Dave Austin

Doctor Negligence in California

November 17, 2008

Dr. Peter H. Breen, the former head of the anesthesiology department at UC Irvine Medical Center, is being accused by California regulators of medical negligence and incompetence, in two separate cases.

The negligence claim is based on Breen’s alleged completion of anesthesiology forms prior to treatment or surgery even taking place.  In one instance it was indicated that Breen noted a patient’s condition as “comfortable” and “stable”, however when this was documented the surgery hadn’t even begun.

In fact, the entire anesthesiology department has been under supervision by the state since September, when an investigation found several occurrences in which medical records about surgeries were completed by doctors before they ever happened.  This all occurred while under the supervision of Dr. Breen.

Breen is also being accused of incompetence after it was discovered that he assigned an injured hospital resident to operating room duties.  The resident was incapable of performing his duties due to a cast he was wearing on his left hand.  Only after another doctor raised concerns about this was the resident relieved of his duties.
At this point, Breen is still practicing at the hospital, but faces the possibility of suspension or loss of his license if he is found guilty.

According to a letter from Breen in defense of the charges, he claims that no injuries resulted from the “pre-documentation” and that “with rare exception, the anesthetic record was accurate”.

Regardless of a lack of direct injury to patients under Breen’s care, and that of his staff, the potential damages that could have come as a result of this clear case of medical negligence are no less concerning.

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Posted by Dave Austin

How to Avoid Becoming a Victim of Medical Malpractice

November 16, 2008

Medical malpractice occurs when a doctor or medical professional acts negligently, resulting in injury or even death to the patient. So what can you do to avoid becoming a victim of this ever-growing epidemic? There are some preventative measures that you, as the patient, can take to protect yourself.

Be involved. Be an active participant in your health care, not just a passive one.

Ask questions. Never be afraid to voice your concerns or ask about something you don’t understand.

Be vocal. Make sure all your physicians are aware of other prescriptions you are taking to avoid possible negative drug interactions.

Understand your medications. Know what the dosage is, what it is prescribed to treat and what the possible side effects are.

Verify, verify, verify. Don’t just assume your pharmacist filled your medication properly. Studies have shown that nearly 90% of medicine errors involved the wrong drug or improper dosage.

Do your research. If you are planning to have surgery, be sure your surgeon has experience performing the procedure, and that it is regularly performed at the hospital that the operation is to take place.

Get a second opinion. It’s always best practice to be sure of a diagnosis and course of treatment before it begins. This avoids misdiagnosis or mistreatment of illnesses, a common cause of medical malpractice claims.

Be an advocate. Nobody knows your body better than you. Don’t just take a doctor’s word for something. Speak up if you feel you are not being heard, and seek treatment elsewhere.

Appoint a friend or family member who will speak for you when you are unable to do so.

Unfortunately there is no way to guarantee that you won’t ever become a victim of medical malpractice, as it is ultimately in the hands of the medical professionals who treat you. However, by following these simple things you can protect yourself making it much less likely to happen to you.

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Posted by Dave Austin

Types of Medical Malpractice

November 14, 2008

The term medical malpractice is a somewhat general term which can be applied to many different situations in numerous medical settings. By definition, medical malpractice refers to the failure of a doctor or other medical professional to properly care for a patient, resulting in their injury or death. But what are the different types of malpractice that are commonly litigated?

Malpractice claims can range from the simplest of procedures to complex surgeries, and anything in between. Some examples include:

  • Missed diagnosis
  • Mistreatment of injury of disease
  • Prescription errors
  • Anesthesia errors
  • Surgical mistakes
  • Failure to properly observe or monitor a patient
  • Emergency room errors
  • Obstetrical errors

And anything else that occurs at the hands of a negligent medical professional and causes harm.

Some common medical malpractice cases that have been successfully settled on behalf of the injured patient include:

  • Wrong side surgery
  • Unnecessary surgeries
  • Sponges or surgical instruments being left in the body
  • Puncturing an organ, nerve or artery in error during surgery
  • Failure to monitor fetal distress in childbirth, resulting in brain injury
  • Intentional harm of a patient
  • Failure to properly diagnose symptoms of a disease or condition (such as heart attack or cancer)
  • Improper surgical techniques
  • Prescribing the wrong medication or incorrect dosages
  • Failure to properly observe and monitor post operative patients for infections
  • Improper use of anesthesia

As you can clearly see, medical malpractice may be a general term, but it encompasses many unique situations. Anyone who has suffered from any of the above incidents, or has suffered harm at the hands of a medical professional that is not listed here, should seek the counsel of an experience medical malpractice attorney to get justice and compensation for their injuries.

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Posted by Dave Austin

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