Most Common Reasons for Medical Malpractice

June 13, 2009

Doctors are human just like the rest of us.  That means that there will be times that they make mistakes.  Not every medical error causes real harm to the patient, and not every mistake constitutes negligence.  But there are times when a doctor’s mistakes result in medical malpractice and there are several common cases that medical attorneys see time and time again.

Delay in diagnosis

Failure to consult in a timely manner

Cancer misdiagnosis or failure to diagnose

Failure to obtain informed consent

Medication errors

Birth injuries

There are certainly many more instances and situations in which medical malpractice occurs, but the above list consists of the cases that are most common.

Have you been a victim of one of these things?  Don’t see your situation on this list but feel that your doctor has harmed you in some other way?  Your best bet is always to speak to a medical lawyer.  That way you can know for sure whether you are a victim of legitimate medical malpractice.

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Posted by Dave Austin

Medical Malpractice and Skin Cancer

June 12, 2009

Summer is fast approaching, so what better time to address the subject of skin cancer and the importance of prevention and early detection?  There are many ways in which we can all be proactive and take steps to avoid becoming a victim of the deadly disease, however it is also critical that our doctors know the signs and are able to diagnose the condition in a timely manner.  Otherwise, you may end up with a medical malpractice case on your hands.

Contrary to popular belief, skin cancer is not hereditary.  It is primarily caused by exposure to ultra violet rays (typically from the sun), and can affect people of any skin type, not just those with fair skin.  One of the most treatable kinds of cancer, if caught early, skin cancer has a 95% success rate.  However, if it is missed or misdiagnosed, and left untreated, the disease can continue to spread throughout the body, decreasing the chances of a positive outcome as time passes.

There are simple things we can all do to help prevent skin cancer, such as:

  • Always wearing sunscreen (at least SPF 15)
  • Wearing protective clothing when planning to be out in the sun for long periods (hats, long sleeves, sunglasses, etc.)
  • When possible, staying in shaded areas rather than in direct sunlight
  • Avoiding the use of tanning booths
  • Continually self-checking; ie. monitoring any changes in your skin, such as new moles or changes to shape/size of existing moles (any changes should be looked at by your doctor or a dermatologist)

Assuming you have taken all of the appropriate precautions, and you follow up with regular visits to the dermatologist, you should, in theory, be safe.  Should skin cancer strike, it should be caught early and treated right away to prevent any spreading of the disease (also known as metastasizing).

But what if your doctor missed something?  What if that skin condition you’ve been experiencing was misdiagnosed as eczema, but it was actually melanoma?  When it comes to cancer, time is always of the essence, and any mistake can lead to devastating results for the patient.

So, how do you know if you’re a victim of medical malpractice?  A few of the telltale signs would be if:

  • Your doctor failed to detect/diagnose your skin cancer
  • Your doctor did not perform a biopsy, or did not perform it properly
  • Your doctor interpreted the results of a biopsy incorrectly
  • Your doctor did not refer you to a specialist in a timely manner
  • Your doctor failed to remove all of the tissue affected by the cancer

If any of the above occurred, and you now find yourself fighting an uphill battle to beat your skin cancer diagnosis, don’t forget that you have the right to seek compensation for your damages.  Speak to a medical attorney who has experience in these types of medical malpractice cases to find out what your rights are.

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Posted by Dave Austin

Military Injustice when it Comes to Medical Malpractice

June 10, 2009

The family of a medical malpractice victim is left without the option to seek justice in the death of their daughter, simply because it occurred at the hands of a military doctor.

In a shocking case of medical negligence, 37 year old Cindy Wilson, a technical sergeant in the U.S. Air Force, underwent a botched cesarean section in February 2007, during which the doctor performing the procedure at the military base severed a uterine artery.  As a result, she suffered massive internal bleeding.

Additionally, two surgical sponges were left inside Wilson’s body.

Her baby survived, but she wasn’t so lucky.  She died mere hours after the surgery.

Wilson’s parents are understandably devastated by the loss of their daughter, but to add insult to injury, they cannot sue the Air Force for her wrongful death.  Their hands are tied because of the Feres Doctrine, the result of a medical malpractice lawsuit dating back to 1950, brought against the government after a soldier died following a surgical towel being left inside him.

In simple terms, the doctrine states that the U.S. Government cannot be held liable for medical mistakes made by their personnel.  Specifically:

“The United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces.”

It is upsetting to know that those serving our country, perhaps one of the greatest sacrifices one can make in a lifetime, do not have the same basic protections as the very citizens they fight to protect.  The Wilson family joins the ranks of many others who are victims of medical malpractice in the military, but who cannot seek justice for their damages.

To read more about the case that the Feres Doctrine is based on (Feres v. United States), go to Feres v. United States

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Posted by Dave Austin

$4 Million Awarded in Maryland Cerebral Palsy Lawsuit

June 8, 2009

A jury in Maryland has found for the parents of a 9 year old boy who suffers from cerebral palsy as a result of a birth injury when he was deprived of oxygen before and during his birth.

In May 2000, Suzette Dineen went to Frederick Memorial Hospital complaining of abdominal pain, vomiting and diarrhea.  She was 36 weeks pregnant.  She alleges that even though she was admitted around 5:00 am, the fetal heartbeat of her unborn child was not properly monitored until nearly 3 hours later.

Just before 8:00 am, it was discovered that the baby’s heart rate was dangerously low and an emergency cesarean section was ordered.

The lawsuit also alleges that two emergency room physicians were informed of Dineen’s condition shortly after she was admitted, but neither doctor saw nor treated her.  As a result of the delay in determining that a C-section was needed, the baby was deprived of oxygen.  He was later diagnosed with cerebral palsy, a disorder he will suffer from for the rest of his life.

The jury in the medical malpractice trial ascribed blame to both emergency room doctors, stating that their negligence in failing to treat Dineen was the cause of the child’s disorder.  They awarded the family $2,941,000 for medical expenses (past and future), $750,000 for lost wages and $300,000 for pain and suffering.

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Posted by Dave Austin

Understanding Medical Malpractice Statute of Limitations

June 5, 2009

Victims of medical malpractice are often left picking up the pieces of their lives, and struggling to get back to some kind of normalcy.  During this difficult time, finding the strength to file a lawsuit can seem impossible so it is often put off until such time that the victim feels stronger and more in control.  It is critical, however, that if there is a legitimate medical malpractice case, it be pursued as soon as possible to avoid missing the statute of limitations.

Medical malpractice law is complicated and confusing.  This is one of the most important reasons to have a medical lawyer in your corner.  One of the first things an attorney will determine before pursuing a malpractice claim is whether or not it falls within the timeframe set forth by that particular state, known as the statute of limitations.  

This basically means that each state allows only a certain amount of time, typically anywhere from six months to four years, in which a patient can file a lawsuit against a physician for medical malpractice.  

The clock usually starts ticking when the incident occurs, however in some instances, particularly when it takes a significant amount of time for the actual injury to be discovered, the statute of limitations can begin at the time of discovery.

Each state sets forth its own rules and regulations, so the timeframe allotted for filing suit will differ, depending on where the malpractice occurred.  Regardless of this, it is extremely important that the advice of a medical attorney who is experienced in malpractice claims be sought, and as soon as possible.  Don’t wait to seek justice, because if you do, it might be too late.

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Posted by Dave Austin

What Started out as Medical Malpractice now Wrongful Death

June 4, 2009

The medical malpractice lawsuit filed by Barbara Lauer back in August after a cancerous mole on her scalp was not diagnosed is now being amended into a wrongful death claim.  Lauer’s estate is taking over the legal battle since she lost her fight with cancer in January.

According to the original suit, in 2005 Dr. Akhtar Cheema failed to diagnose a mole on her scalp as cancerous.  The mole turned out to be malignant melanoma, which wasn’t discovered until it returned and was properly evaluated nearly a year later.

In August of 2006, a full body CT scan revealed that the cancer had spread to other areas of Lauer’s body, and she eventually had to undergo surgery to remove her lymph nodes.

Lauer’s lawsuit claimed that because of Dr. Cheema’s and St. Joseph’s Healthcare System’s failure to properly diagnose her cancer in a timely manner, she was forced to suffer from a “permanent and deadly injury” which limited her ability to “fully live her life in the future.”

Sadly, her words rang all too true when she passed away from metastatic malignant melanoma at the age of 65.

Lauer’s estate will now continue what she started and seek justice for the senseless loss of her life.

Cancer misdiagnosis is a serious form of medical malpractice that, as evidenced in this story, can prove deadly.  If you’ve suffered further injury due to a doctor’s misdiagnosis or failure to diagnose cancer, don’t wait until it’s too late.  Time is of the essence, so speak to an experienced medical lawyer who can help you determine what your next step should be.

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Posted by Dave Austin

Hospital Infections – Unfortunate Mishap or Medical Malpractice?

June 3, 2009

There have been a lot of stories in the news recently about MRSA (Methicillin-Resistant Staphylococcus Aureus), which is a bacterial virus that infects patients, usually in a hospital setting, thus the term “hospital infection”.

The truth is, hospital infections happen more often than they should, but not all of them warrant a medical malpractice claim.  So how do you know if your infection was due to a physician’s negligence and not just an unfortunate mishap?

There are three key questions to ask to help determine this:

  • What was the medical condition that you were being treated for?
  • What was the bacteria or virus with which you were you were infected?
  • Was their an actual mistake which led to the infection?

How you answer these questions can help to determine if you are a victim of medical malpractice or not, and typically claims of malpractice require some sort of proof that medical staff failed to follow proper sanitary procedures.

If you think your hospital infection was the result of negligence, it is in your best interest to speak with an experienced medical attorney.  He or she will review your medical records, and will likely consult with a medical expert as well to make a final determination as to whether you have a legitimate claim.

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Posted by Dave Austin

Groundbreaking Transparency Law to Help Prevent Malpractice

June 2, 2009

The Colorado Legislature has passed a law that would require any physician that wishes to practice medicine in the state of Colorado to publicly report their background, including education, business dealings, medical malpractice and disciplinary actions.

The Michael Skolnik Medical Transparency Act came as a result of the tireless effort of Dave and Patti Skolnik, whose son Michael died as a result of surgical malpractice.  They settled a medical malpractice claim against the doctor, but wanted to be sure that what happened to their son would not happen to anyone else.

“We all needed information on our doctors, where they’d been, where they practiced, what their specialty was, what they were involved in and be able to ask informed questions to them,” Mrs. Skolnik said.

The new law requires that doctors report details about themselves in an online database which is made available for the public to access.  Patients can now look up a potential doctor and see if they’ve ever settled any malpractice lawsuits in the past.  It helps them make better informed decisions prior to choosing who they seek treatment from.

It’s important to note that only adjudicated malpractice actions must be reported, not mere complaints.  The reason behind this is that anyone can make an accusation.  The database only shows settlements and judgments against a doctor, to ensure that prior to the information being made public, it’s gone through fair practice.

The bill is an excellent way to empower patients to be advocates for their own healthcare.  When you know whose hands you are placing your healthcare in, you can be more confident that you’ll be in good care.  And if people utilize the online database, it is likely that instances of medical malpractice will decline significantly in Colorado.

Check out the database here: www.dora.state.co.us

Source:   www.9news.com

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Posted by Dave Austin

Massachusetts Bill to Allow Doctors to Say “I’m Sorry”

June 1, 2009

Lawmakers in the state of Massachusetts are considering a bill that would allow doctor’s who have made a medical error to apologize to the victim or the victim’s family.  The new law would make any such apology inadmissible as evidence in any potential medical malpractice lawsuits brought against the doctor in the future.

In the past, doctors were instructed never to apologize as it would lend to the appearance of guilt and could be used against them in a medical malpractice suit.  The new bill would permit a physician to express “benevolence, regret, sympathy, commiseration, condolence or compassion” without actually admitting fault.

A similar law was recently passed in Pennsylvania and the results are arguably impressive.  The theory behind such a bill is simple.  In many cases, a patient who has suffered an injury due to a doctor’s negligence is left damaged and angry.  It is theorized that a great many medical malpractice lawsuits are filed because the patient is upset over the lack of sympathy expressed by the offending doctor.

The new law allows these doctors to express their regret and humble themselves to apologize to the patient they harmed, thus alleviating much of the anger and emotional hurt.  Pennsylvania has seen a dramatic decrease in malpractice lawsuits since passing the bill.

It remains to be seen if this bill will make it all the way to the books in Massachusetts.

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Posted by Dave Austin

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