Nevada Board Investigates Claim of Negligence

January 14, 2009

The Board of Medical Examiners in Nevada is investigating a claim of medical negligence in the 2006 death of a British tourist who died after receiving treatment at a Las Vegas hospital.

Terence Brace underwent a gallbladder surgery at the University Medical Center by Dr. James Tate. Brace was transferred to a hospital in Bristol, England by air ambulance in September 2006 after nearly one month of treatment in Las Vegas. He ultimately died of multi-organ failure and sepsis.

An independent report from a surgeon who reviewed medical documents from England and Las Vegas concluded that Tate did not have the expertise to manage Brace’s condition.

It now remains a waiting game as to whether formal charges will be brought against the doctor and his surgical team.

Source: SFGate: Home of the San Francisco Chronicle

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Posted by Dave Austin

What is Anesthesia?

January 11, 2009

Anesthesia is a medication that is used in various surgeries to help minimize pain and discomfort for patients. There are different types of anesthesia used depending upon the surgery. The four types of anesthesia used are:

  • General
  • Local
  • Regional
  • Conscious Sedation

How Does Anesthesia Work?
If anesthesia works as it’s supposed to, the patient should feel no pain during the procedure and is not likely to remember the procedure at all. It is meant to increase the patient’s comfort level and help reduce their recovery time. The most common type of anesthesia used for invasive surgeries is general anesthesia, which is a combination of inhaled and injected drugs that give the patient a complete loss of consciousness.
Although this is the most effective way of relaxing and comforting the patient, using a general anesthesia can oftentimes be risky and can even cause further problems if not given in the correct manner. Anesthesia is given to the patient by an anesthesiologist who is supposed to give them the proper dosage according to the surgery they are having and their own individual needs. However, in some cases, a patient can be given too much or too little of the medication, which can cause further, sometimes life-altering problems.
How Can Anesthesia Causes Injuries?
When a mistake is made while an anesthesiologist or other healthcare professional is administering the anesthesia to the patient, permanent injury can often result. Among the most common injuries that inflict innocent victims when anesthesia is being used are:

  • Paralysis
  • Cerebral Palsy
  • Nerve Damage
  • Brain Damage
  • Death

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Posted by Dave Austin

What Are the Risks with Anesthesia?

January 10, 2009

Although many believe complications arising from the use of anesthesia to be uncommon, there are some risks involved with the sedative. Anesthesia is commonly used during invasive surgeries or when it is essential for the patient to be calm and relaxed. In most cases, the drug can bring relief and comfort to what could otherwise be a painful situation. However, in other cases anesthesia has proven to be far more risky and has caused more harm than good.
Anesthesia is a very personal medication that affects each individual differently depending on their body, surgery and their anesthesiologist, the person who administers the drug.
Risk Factors Commonly Associated with Anesthesia
Among the most common risk factors linked to anesthesia are:

  • The patient’s age- As people grow older the risks associated with anesthesia and their surgery increases
  • Medical Condition- Depending on the patient’s medical condition at the time of the surgery such the anesthesia could affect them in a negative manner

The risks that are associated with taking anesthesia are also dependent upon the type of anesthesia that’s being administered. For instance, when local anesthesia is used in high dosages it can have extremely toxic side effects since it’s sent into the body through the bloodstream. As a result, the patient’s breathing, heartbeat and blood pressure can be put at risk. When regional anesthesia is used it is injected very close to a nerve or bundle of nerves, which can often cause nerve damage or a persistent numbness or weakness.

Among the most common side effects from a complication with anesthesia are:

  • Nerve damage
  • Brain damage
  • Paralysis
  • Memory Loss
  • Death

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Posted by Dave Austin

Birth Injuries – Shoulder Dystocia

January 9, 2009

Birth injuries occur all too often in the U.S. due to doctor or hospital staff medical malpractice.  One of the more common types of medical malpractice during birth is caused when the baby suffers from shoulder dystocia.

Shoulder dystocia occurs when one of the infant’s shoulders becomes wedged in the mother’s pubic bone during delivery.  Dystocia is a common complication that arises during vaginal births, however it is the way in which the doctor or OB/GYN handles the situation that is critical to the health and safety of the baby.  And failure to do this properly is where medical malpractice cases arise.

First, it is crucial that the attending physician properly assess and diagnose the dystocia.  Obviously if it is never diagnosed, it cannot be treated and can inevitably result in injury to the child.

Once it is determined that the baby is suffering from shoulder dystocia, the doctor or OB/GYN must take appropriate measures to help avoid possible injury.  There are several different procedures that can be performed to address the dystocia and dislodge the baby’s shoulder, including possible cesarean section, but it must be determined which will be most effective and measures must be taken in a timely manner.

The issue arises when the shoulder dystocia is either not diagnosed, or is not treated appropriately.  Babies who suffer from this complication suffer from damage to the upper brachial plexus nerves, which supply the sensory and motor components of the shoulder, arm and hands.  Shoulder dystocia that goes without medical intervention can even cause harm or death to the mother.

Common injuries resulting from untreated shoulder dystocia include:

  • Klumpke paralysis, which is paralysis of the muscles of the forearm and hand
  • Erb’s Palsy, a paralysis of the arm caused by injury to the upper group of the arm’s main nerves
  • Fetal hypoxia
  • Fetal death
  • Cerebral palsy
  • Maternal post partum hemorrhage

Although some injuries can improve on their own over time, others are much more serious and may result in a lifetime of therapy and medical treatments, not to mention pain and suffering of the child and his family.

Birth injuries can be considered one of the most devastating kinds of medical malpractice.  Anyone who has fallen victim to this type of negligence should consult a trained medical malpractice attorney immediately.

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Posted by Dave Austin

Medical Negligence and Spinal Cord Injury

January 8, 2009

One of the most debilitating forms of medical negligence involves injury to the spinal cord.  It only takes one minor slip or seemingly minor surgical error to cause the patient to suffer temporary or permanent paralysis.

The amount of injury and severity of the paralysis suffered depends entirely on what area of the spinal cord is damaged.  Some injuries can be treated, but for others, there is no remedy.  The truth is, any injury inflicted on the spinal cord can cause lifelong effects and require expensive ongoing medical care.

The most common cause of spinal cord injury where medical negligence is concerned occurs during surgical procedures.  One slip of the scalpel, nicking or severing any part of the spinal cord, can cause devastating results to the patient.

The good news is there are qualified medical negligence attorneys who specialize in cases of spinal cord injury.  If you or someone you love has been a victim of one of these terrible injuries at the hands of a negligent doctor or surgeon, get in touch with a lawyer today to discuss your rights.

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Posted by Dave Austin

Fresno Neurosurgeon a Medical Malpractice Case Waiting to Happen

January 7, 2009

Dr. Michael Dogali, a Californian neurosurgeon who performs intricate surgeries on the brains of innocent patients, is fighting for his right not to reveal the fact that he suffers from glaucoma.  For his unsuspecting patients, he is a medical malpractice case waiting to happen.

The doctor claims that having undergone two surgeries to treat his condition, his vision is now fine.  He refuses, however, to release the results of his most recent eye exam.

According to Wikipedia:

“Glaucoma has been nicknamed the ‘sneak thief of sight’ because the loss of visual field often occurs gradually over a long time and may only be recognized when it is already quite advanced. Once lost, this damaged visual field can never be recovered. Worldwide, it is the second leading cause of blindness.”

This can’t be comforting to those who have gone, or soon face the possibility of going, under the knife of Dr. Dogali.

Although there are currently no pending malpractice claims against Dogali in California, he has been sued in the past.

In 1996, a medical malpractice lawsuit was brought against Dogali, claiming that his glaucoma caused an error during brain surgery that led to an epileptic man losing his ability to speak.

Source: Fresnobee

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Posted by Dave Austin

Wrongful Death

January 6, 2009

Not every death that occurs in a medical setting can be considered wrongful.  In fact, most are just unpreventable tragedies.  However, when death occurs at the hands of a negligent doctor or medical professional, the family left behind has the right to pursue compensation for their tragic loss.

Almost any instance of medical malpractice or negligence can result in wrongful death of a patient.  A few of the more common causes include:

  • Failure to diagnose
  • Hospital malpractice
  • OB-GYN negligence
  • Nursing Home Neglect
  • Emergency room malpractice
  • Surgical error
  • Anesthesia malpractice
  • EMT/Paramedic negligence

Losing a loved one at the hands of a medical professional is nothing less than devastating.  And although that person can never be replaced, those left behind have the right to seek medical compensation for their loss.

There are medical attorneys who specialize in seeking justice for wrongful death cases.  If you are picking up the pieces after having lost a loved one in this tragic way, contact one of these attorneys as soon as possible.

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Posted by Dave Austin

Medical Malpractice in the Military

January 5, 2009

Often times when people think of the military the term “top-secret” comes to mind.  The truth is the very same things happen to those serving our country as everyone else, including medical malpractice.

The military has their own professionals, such as doctors, surgeons and even attorneys, who are there to assist others within the organization.  In fact, many people who become a victim of medical malpractice while under the care of a physician in the military choose to seek the service of the military’s legal council as well.

The truth is, however, that victims of medical malpractice have the right to consult with any attorney they wish, including those outside the military ranks.  In fact, some people feel more comfortable working with a lawyer who isn’t involved with the same organization that caused the damages in the first place.

Just because medical malpractice in the military isn’t often spoken about, it still occurs and those who are victims have the right to seek justice.  If you feel that you have been harmed at the hands of a military physician, sit down with an experienced medical attorney to discuss your rights.

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Posted by Dave Austin

Medical Malpractice – FAQ’s

January 4, 2009

What is medical malpractice?

Any time a doctor or medical professional fails to act with the proper standard of care when treating a patient, resulting in emotional or physical harm, or even death, it can be considered a case of medical malpractice.  Common cases of medical malpractice include misdiagnosis, surgical errors, birth injuries, medication errors and wrongful death.

How do I know if I have a true case of medical malpractice?

There are medical attorneys who specialize in these types of cases and are experts in their field.  Consult one of these lawyers to discuss the details of your situation.  He or she can tell you whether your case qualifies and is worth pursuing.

What do I have to do to prove that I’ve been a victim of medical malpractice?

Once you choose a medical attorney to represent your case, he or she will work with you to gather the appropriate medical records and other evidence needed to prove your claim.  Your attorney may also consult medical experts to testify on your behalf.  You will also often need to provide evidence of your damages, such as medical bills and proof of lost wages.

What types of doctors can be held liable for medical malpractice?

Generally any medical professional who is caring for patients can be held to medical malpractice laws.  The broad list including physicians, doctors, surgeons, nurses, nursing home caregivers, dentists, psychologists, psychiatrists, and hospital staff are all considered medical professionals.

Will I have to go to court to fight my case?

There are a lot of factors that go into medical malpractice cases, and whether or not they end up in court to be decided.  Generally speaking, the first course of action is always to try and reach settlement with the doctor in question and avoid a trial altogether.  However, not all physicians are willing to admit guilt and settle.  In those situations, the case will have to go before the court and be decided by a judge or jury.  In either situation, your trained medical attorney will be able to assist you every step of the way.

Can I wait to file my claim?

No.  In cases of medical malpractice, time is of the essence.  Most states impose what is called a statute of limitations, a time-frame in which medical malpractice cases can be pursued.  If you do not seek justice within the given time-frame, you will not be able to file your claim at all.  Attorneys skilled in medical malpractice statutes are experienced with the law in the states and counties in which they practice, and will be able to provide swift and efficient representation in your case.  It is critical, however, that you meet with one as soon as possible to ensure that you are well within your given time-frame.

Do I really need an attorney?

It is not a requirement that anyone hire a lawyer to represent them in medical malpractice cases.  You have the right to fight for your own rights and represent yourself.  However, medical malpractice laws are complex and confusing, and fighting against the experienced legal counsel representing the offending doctor can be daunting and overwhelming to say the least.  That’s why it’s crucial that you have your own attorney who is experienced in these types of cases to represent you.  He or she will know exactly what evidence to gather, what expert medical witnesses to consult and how to best present your case to give you the best chance of being successful in winning a settlement.  When it comes to medical malpractice cases, don’t go it alone.  Speak to a lawyer today.

See Also: Medical Attorneys

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Posted by Dave Austin

EMT/Paramedic Malpractice

January 3, 2009

When faced with a medical emergency, often the first medical professionals we come in contact with are EMTs or paramedics.  And the truth is, the majority of those first responders are well trained and highly qualified for the task at hand.  Unfortunately, however, EMT/paramedic malpractice still occurs from time to time, so it’s important to know the facts and be prepared.

Some examples of EMT/paramedic negligence include:

  • Delay in ambulance arrival
  • Failure to diagnose
  • Misdiagnosis
  • Wrong drug administered
  • Proper evaluation protocol not followed
  • All measures not taken for ambulance to get to the hospital quickly

Any of these and more could result in irreparable harm or even death to the victim.  It’s important to know that if you have suffered at the hands of a negligent EMT or paramedic, you have the right to pursue justice and receive compensation for your injuries.

Speak with an experienced medical attorney who specializes in EMT/Paramedic malpractice immediately.

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Posted by Dave Austin

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