What is Informed Consent?

February 28, 2009

Every patient has the right to know about and fully understand any medical treatment that they will be undergoing.  This includes all risks and possible side effects.  The process of a doctor explaining the details of a medical procedure is what’s known as informed consent.  If informed consent is neglected and something goes wrong, the patient may have a medical malpractice claim on their hands.

For example, if a patient is considering a surgery that happens to carry with it the possibility of blindness, it is imperative that the doctor make this risk clear prior to scheduling and performing the procedure.  This allows the patient the ability to make an informed decision as to whether or not they are willing to take that risk and move forward with the surgery.

If the doctor fails to properly inform his patient, and the surgery results in blindness, even if it was not caused by negligence, it can still be considered malpractice.

Anyone who suffers harm from a medical procedure for which they were not properly informed beforehand should consider their rights.  Medical attorneys are familiar with informed consent cases and can provide advice on whether a claim exists and should be pursued.


Doctor/Nurses Held Liable for Wrong Site Surgery

February 27, 2009

Two RI nurses and a doctor have been blamed by the state for performing wrong-site surgery when they operated on the incorrect knee of a patient last September.

The mistake was initiated when a nurse prepped the wrong leg for surgery, and was perpetuated when no one re-verified that the site was correct prior to operating.

It was erroneously documented, however, that the site had been re-verified.

The correct knee was marked with a “yes” shortly after the patient arrived, however the nurse prepping the knee failed to look for the mark and subsequently draped and prepared the wrong leg.

Neither of the two attending nurses nor the surgeon took the time to re-verify that everything was correct before the surgery began.

The three were officially reprimanded but still retain their licenses to practice.

Wrong-site surgery is just one of many forms of surgical errors that can happen as a result of medical negligence.  If you have been unfortunate enough to have been a victim of a surgical error, such as wrong-site surgery, you should consider speaking with a medical attorney about your rights.


Medical Malpractice Abroad

February 24, 2009

Eight doctors have been arrested for medical malpractice in western India in connection with a hepatitis B outbreak that has claimed the lives of 36 people, and sickened at least 100 more.

According to reports, the outbreak was caused by a combination of shoddy medical procedures by the physicians including using the same syringe on multiple patients, improper disposal of medical waste and straight negligence.

If the doctors are convicted, they could face sentences between two years and life in prison.

Hepatitis B is a disease of the liver that can lead to liver damage and even cancer.  A mass immunization drive has begun in the Modasa district of Gujarat, the area where the infections and deaths occurred.  Those who have been infected and are fighting the disease are currently undergoing treatment.


The Increasing Popularity of “Medical Tourism” and its Dangers

February 23, 2009

Medical tourism is the practice of traveling to another country to undergo some kind of medical treatment.  The types of treatments and reasons for doing so vary greatly, and the practice is increasing in popularity.  Unfortunately, what many people don’t consider is the dangers that go along with medical tourism, and the increased chances that they will become victims of medical malpractice.

A growing number of foreign countries, such as India, Thailand, Turkey and Costa Rica, are realizing the great potential to capitalize on medical tourism, coming up with promotional campaigns to draw foreigners in with promises of lower priced traditional treatments and alternative therapies that can’t be obtained in the United States.  In fact, travel agencies even offer specials and packages geared specifically toward this type of tourism.

The problem arises when people fail to properly research the procedures or the medical standards within the country that they plan to receive treatment.  Surgeries can turn disastrous or even deadly due to lack of sterilization and cleanliness standards of both the doctors and the medical facilities in other countries.

Source:  EMax Health


Psychiatric Malpractice

February 21, 2009

Believe it or not, over one-forth of adult Americans suffer from some sort of mental illness, as reported by the National Institute of Mental Health.  And the majority of these sufferers will seek treatment from a professional for their symptoms at some point.  Given these numbers, it’s inevitable that situations of psychiatric malpractice will also arise.  So what should one look for when determining whether they have been a victim?

Psychiatric malpractice occurs when a psychiatrist or psychotherapist engages in misconduct when treating their patients, or fails to provide service within a particular standard of care within the industry.

A few of the more common types of psychiatric malpractice include:

  • Misdiagnosis of medication
  • Breach of patient’s privacy
  • Failure to properly treat
  • Engaging in sexual or personal relations with patients
  • Failure to diagnose
  • Mental or physical abuse

Due to the vulnerable and sometimes volatile nature of many people who seek psychiatric care, mental health professionals should be expected to act with the utmost of professionalism and care.  Errors or negligence by a psychiatrist or psychotherapist can be devastating.  In some cases, it can even be a matter of life and death for a patient.

If you have suffered as a result of shoddy psychiatric treatment, you have the right to fight back.  Discuss your situation with a medical lawyer today.


Wrongful Death Claim Filed Against Mayo Clinic

February 19, 2009

The family of an Illinois man who died five years ago only weeks after he underwent brain surgery at the Mayo Clinic, have brought a lawsuit against the medical facility claiming wrongful death.

On October 6, 2003, 52 year old Charles Nolan underwent brain surgery to have a benign tumor reduced which was threatening his vision.  During the surgery, a cerebral spinal fluid leak developed, which the surgeons attempted to repair with packing.  It is this leak, and the subsequent infection that followed, that the Nolan family claim led to Charles’ death just a few weeks later, on November 17, 2003.

According to the court reports, Nolan consulted his eye doctor on October 10th, concerned about vision problems.  He was told it was normal.  Unfortunately, this was not the case.  On the 14th of October, he awoke with a massive headache and passed out.

It turns out the cerebral leak Nolan suffered during surgery led to an infection, and meningitis, which he ultimately died from.  The Nolan family claims that Charles was not properly monitored following surgery, and that he was released from the hospital too quickly (only two days later).

The family’s medical lawyer is citing some $200,000 in medical and funeral expenses, but also claims that during the trial he will prove damages in excess of $4.5 million.

This situation proves that medical malpractice and wrongful death can occur anywhere, even at one of the most prestigious medical treatment facilities in the country.  Doctors are human and inevitably make errors.  Unfortunately, sometimes those errors can have catastrophic consequences that could have been prevented.  Don’t ever be afraid to fight for your rights if you are a victim of medical negligence, no matter where it occurred.  Speak to a medical attorney right away.

Source:   Postbulletin.com


U.S. Doctor Charged with Malpractice, Wrongful Death in Australia

February 17, 2009

Jayant Patel is facing more than a dozen medical negligence charges in Brisbane, Australia.  Among them, he is accused of removing a man’s bowels unnecessarily, allowing an elderly man to die from internal bleeding, and taking out the wrong gland in a cancer operation.

The 58 year old doctor faces life in prison if convicted.

Among the accusations, Patel is said to have caused the wrongful death of three patients, and seriously harmed two others.  His alleged negligence runs the gambit, from misdiagnosing patients and using questionable surgical techniques to performing surgical procedures that have been banned in the U.S.

Prior to moving to Australia, Patel had a similar pattern of negligence in the United States.  He was fined by the NY state health officials and placed on probation in 1984, for allegedly failing to examine patients prior to operating on them.  The pattern continued and in 1998 he was placed on restriction by his employer, Kaiser Permanente Hospital, following 79 complaints against him.  He was cited by the Oregon Board of Medical Examiners for “gross or repeated acts of negligence.”

Patel failed to disclose his previous run-ins with the law and medical boards in the U.S. to his Australian employers, who said they would never have hired him had they known of his past.

Patel’s countless victims are quoted as saying that it is a “huge relief” that the case against him is finally moving forward.

Source:  msnbc


Malpractice Suit Against Obstetricians Settled for $845,000

February 11, 2009

New York couple Michael and Claudia Gilbert was recently awarded a settlement in their medical malpractice claim against two obstetricians who attended the 2004 birth of their son.

The lawsuit claimed that the doctors, Douglas Hage and Daniel Burns, were negligent during the birth, which lasted over 20 hours.  The long labor resulted in heavy postnatal bleeding, which ultimately led to an emergency hysterectomy to save her life.  The couple alleged that the surgery could have been avoided if the doctors had hastened her labor.

The jury agreed, ascribing 70% of the blame to Dr. Hage and the remaining 30% to Dr. Burns.

Source:  Buffalonews.com


Radiation Malpractice

February 10, 2009

Perhaps one of the lesser talked about forms of medical negligence is that of radiation malpractice.  But just because it’s not as common doesn’t make it any less devastating.

Patients receive radiation treatment for several different medical ailments, but probably the most common is in treatment of different forms of cancer.  It is a dangerous procedure which should only be used when deemed absolutely necessary, because it can have significant side effects.

Regardless of the reason for treatment, radiation mistakes can be made with life altering results.  Radiation malpractice cases typically include:

  • Failure to inform patients of the possible side effects
  • Performing radiation treatment when it is not entirely necessary
  • Over-radiation
  • Not following proper radiation procedures
  • Technician is improperly or inadequately trained
  • Use of faulty or outdated equipment
  • Infertility
  • Moderate to severe burns to the skin or internal areas being treated
  • Death

As with any serious medical treatment, the doctor performing the procedure should be well trained and able to prepare their patient for what to expect.  If they fail to do so, or they do not perform the radiation properly, causing injury or death, a malpractice case is inevitable.

Anyone who has experienced ill effects of radiation treatments due to a doctor’s negligence should consider sitting down with a medical attorney to discuss their situation and determine if their case constitutes radiation malpractice.  If it does, then justice should be sought.


Minnesota Implements “Time Out for Safety” Program to Combat Surgical Malpractice

February 8, 2009

The number of surgical malpractice incidents in Minnesota hospitals has been steadily on the rise, in part due to doctors not taking the time to step back and be sure that they are doing the correct procedure on the right patient.

In fact, according to a recent report from the state health department, there have been 150 surgical errors in Minnesota hospitals since 2003.  Of those 150, 97 were operations performed on the wrong body part, and 9 of them were performed on the wrong patient.

To combat these alarming numbers, Minnesota has implanted what’s known as the Time Out for Safety Towel program.  It’s a relatively simple concept, but the state hopes it will have a substantial role in reducing surgical errors.

The plan is to place a towel with the statement “Time Out” in big, bold letters over the surgical instruments, with the idea being that surgeons will heed those words and double check what surgery they are scheduled to perform, and on whom.

It seems like a rudimentary approach, but sometimes even the largest problems can be solved by the most basic of means.  It will be interesting to see if this program is successful.


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