New Breast Cancer Test May Reduce Medical Malpractice Claims

December 28, 2009

A study recently released by The Agency for Healthcare Research and Quality reveals that newer minimally invasive breast cancer tests are just as accurate as surgical biopsies.  This is great news because it means that there are more options for women who don’t want to take the risk of surgery, and it also means that medical malpractice cases relating to breast biopsies may decline.

The study compared more commonly used surgical biopsies to what’s known as “core needle biopsies”, which are much less invasive.  It revealed that although open surgery was previously considered the most accurate method of testing for the disease, recent technological improvements have made the core needle method just as reliable.  And, not surprisingly, women tend to prefer the core needle test to open surgery because it is less invasive and carries fewer risks.

Open surgical biopsies involve removing the questionable breast tissue by way of a surgical incision.  The reason the risks are so much greater with this type of procedure is because the patient is typically under general anesthesia during the biopsy and is sometimes required to stay overnight in the hospital to recover.  And, of course, there is risk of medical malpractice associated with any type of surgical procedure, no matter how small.

The core needle biopsy involves insertion of a hollow core needle through the skin and into the breast tissue to collect a sample.  The core test is usually done as an out-patient procedure, and typically only requires the use of local anesthesia.
Another important fact to note is that only a small percentage of women who undergo breast biopsies are actually suffering from cancer.  This means that the core needle biopsy will help reduce the number of woman who are not suffering from cancer, but are still placed at risk of a surgical procedure, thereby reducing the chance of surgical malpractice on countless patients.

Of course, each situation is different, and all options should be carefully researched and considered on a case by case basis.  It’s always best to discuss with a doctor to determine which method would be best.  However, hopefully this new option will encourage women to be advocates for their own health and help reduce the risk they face in the process.

For some people, this message comes too late.  Anyone who has been harmed during a surgical breast biopsy should contact a medical attorney immediately to find out if there is a legitimate case of medical malpractice.


Lawsuit Filed in Cardiac Arrest Misdiagnosis

December 26, 2009

The family of an Ohio woman whose cardiac arrest went undiagnosed has filed a wrongful death lawsuit on her behalf.  Failure to diagnose cardiac arrest is almost always deadly, and this is no exception.

The family alleges that when 62 year old Eva Walker was brought to the hospital by ambulance with symptoms of cardiac arrest, she was instead misdiagnosed with headaches and shortness of breath and sent home.

Walker died the same day from her condition.

Cardiac arrest causes the heart to stop pumping and the blood pressure to subsequently drop drastically.  It must be treated, and promptly, otherwise the patient will die.  In fact, according to Resuscitation Council UK, the chances of survival for a person suffering cardiac arrest decrease by an incredible 10% each minute it goes undiagnosed.

Do you know someone who died from failure to diagnose cardiac arrest?  You may have the right to receive compensation for your loss, and even more importantly, get justice for the victim.  Contact a medical attorney experienced in failure to diagnose cases who can assess your situation and help you determine if you have a case.


Woman Sues Hospital for Amputating Legs

December 24, 2009

A young Pennsylvania woman is suing Uniontown Hospital for medical malpractice claiming that doctors overlooked an acute medical condition due to her intoxication.  As a result, the 20 year old underwent partial amputation of both of her legs.

According to the medical lawsuit, Shanna Hiles had consumed a large amount of alcohol while celebrating her birthday and subsequently lost consciousness.  She remained unconscious, seated on the floor with her legs tucked under her for over 12 hours before she was discovered by a relative the following day.

As a result of the position she had been in, she was experiencing tremendous pain in her legs, and was taken to the hospital.  It is there that Hiles’ medical attorney claims that doctors were negligent in failing to promptly and accurately diagnose the condition she was suffering from, known as acute compartment syndrome.  The condition is reversible with timely surgical intervention.

Hiles was not treated promptly, however, and was instead left unattended for nearly six hours because she was intoxicated.  She was finally air lifted to another hospital where it was necessary that both legs be partially amputated.

Hiles medical lawyer claims that his client would never have had to undergo such drastic surgery had she been properly monitored and treated.  She is seeking an undisclosed amount in damages.


North Carolina Expands Database to Include Medical Malpractice

December 22, 2009

Residents of North Carolina are one step closer to being able to proactively avoid becoming victims of medical malpractice thanks to the state Medical Board expanding their online database to include record of such incidents.

The website, ncmedboard.org, now includes information on medical malpractice lawsuits, suspensions, convictions and other disciplinary actions against the 35,000 doctors and other medical professionals that are licensed in North Carolina, all of which now must be reported to the board by law.

Patients can search the database by doctor’s name or by city.  This is a huge step in the right direction for transparency and allowing patients to take back control of their own health care.  It is likely that there will be fewer cases of medical malpractice in NC now that this resource is available for residents.


The Dangers of Radiation Malpractice

December 20, 2009

In recent months there have been quite a few reported cases of radiation malpractice, enough to raise concern that it is becoming a little too common.  The most recent case, involving an Alabama woman, even has the FDA launching an investigation.

Becky Coudert went to Huntsville Hospital in September where she was diagnosed as suffering from Bell’s Palsy, which causes paralysis of the face.  In an attempt to confirm the diagnosis, Coudert was given a CT scan, a test that involves the use of radiation.

A few weeks later, she began having difficulty speaking and had blurred vision, and her hair began falling out.  When she went back to the hospital she was informed that she may have been given an overdose of radiation.  Not just a little overdose, either.  Coudert received 12 to 14 times what she should have.

It is unclear whether the overdose was caused by human error or malfunction of the machinery, but regardless, Coudert has filed a medical malpractice lawsuit and the incident has caught the attention of the Food and Drug Administration, who is also investigating the hospital.

Perhaps the most disturbing part of the case is that the hospital in question may have actually administered too much radiation to some 60 patients.  These patients are being contacted as part of the investigation.

Radiation overdose can be quite serious and some of the side effects include:

  • Hair loss
  • Nausea
  • Headache
  • Infections
  • Fever
  • Vomiting
  • Fatigue
  • Weakness
  • Erythema (redness of the skin)

Anyone who may have experienced radiation malpractice should contact a medical attorney immediately.


British Doctors Warned about Online Flirting and Medical Malpractice

December 11, 2009

An interesting warning has been issued to doctors in England by a medical organization that advises physicians on how to avoid medical malpractice lawsuits, but perhaps it is just a sign of the times.  They are reminding doctors of the dangers of online flirting with patients on social networking websites.

The Medical Defense Union is addressing the increasing popularity of social networking sites such as Facebook and MySpace and urging doctors who choose to be “friends” with patients on such networks to be careful about their conduct.

The organization’s warning reminds physicians that flirting with patients can raise ethical questions because of their role of trust in society.  It points out that these online connections sometimes blur the boundaries between doctor and patient, and could end up resulting in a medical malpractice lawsuit when these lines are crossed.

Likewise, remember that as a patient, anything you share on the internet, regardless of the site’s so-called privacy settings, can end up being used against you.  Medical malpractice cases are a good example of this, since many a defense attorney has been able to shed a negative light on a plaintiff by accessing something they posted online and thought was protected.  Always keep this in mind, particularly if you are involved in any type of legal action.


Settlement Reached in James Woods’ Medical Malpractice Suit

December 9, 2009

Actor James Woods has settled his wrongful death lawsuit against the RI hospital where his brother died of a heart attack in 2006 as a result of alleged medical malpractice.

The lawsuit claimed that Woods’ brother Michael was neglected when he went to Kent County Hospital complaining of a sore throat and frequent vomiting.  He died of a heart attack while on a gurney in the hall of the hospital.

The settlement announced a few days ago includes an undisclosed monetary amount for the Woods family and an apology from an executive representing the hospital.

Additionally, and perhaps the most victorious part of the settlement, was the hospital’s promise to create an institute named after the victim.  The Michael J. Woods Institute will focus primarily on researching medical errors and developing ways to reduce these errors and have a positive impact on the medical community.

Again, it’s important to remember that medical malpractice does not discriminate.  It can happen to the rich and famous, it can happen to their family members, and it can happen to you.  If you have suffered injury due to medical negligence, you are urged to contact a medical lawyer as soon as possible.


HMO Ordered to Pay 5 Million in Medical Malpractice Case

December 5, 2009

Kaiser Permanente, one of California’s largest HMOs, has been ordered to pay $5 million to a patient who is now permanently disabled after doctors misinterpreted the signs of a possible stroke.

The medical malpractice case went to arbitration where a panel of three arbitrators heard the case and found the Kaiser doctors negligent for not properly diagnosing the patient, Timothy Howard’s symptoms of headaches, episodic blindness and other complaints.

Howard was diagnosed with a migraine.  What he was really suffering from was a tear in his carotid artery which went untreated for weeks and eventually led to Howard suffering a major stroke on Thanksgiving Day a few years ago.

Howard’s medical attorney claims that had the carotid dissection been properly diagnosed, and treated promptly with medication, it would have repaired itself.  Instead, the 48 year old former middle school administrator has been left partially paralyzed and has had to have both of his legs amputated after he suffered an infection following the stroke.  He is unable to work or care for himself.

Kaiser acknowledged the incorrect diagnosis and apologized with the following statement:

“We all agree that this is a terrible tragedy for Mr. Howard and his family, and all of them have our deepest sympathy.”

They did not, however, issue any disciplinary actions to the physicians involved in the medical malpractice.

Perhaps the $5 million settlement will encourage the doctors involved to pay closer attention and always rule out the worst case scenario first in their future diagnoses so a tragedy such as this doesn’t happen to someone else.


New Website Aimed at Reducing Hospital Infections

December 3, 2009

When a person develops an infection while being treated at a hospital or other health care facility, it is known as a health-care associated infection, or hospital-acquired infection (HAI for short).  It is a global epidemic with as many as 1.4 million people throughout the world suffering its ill effects.  And given the dangerous nature of such infections, sometimes even causing death, these HAI’s often result in medical malpractice lawsuits.

Those who do survive HAI’s often face permanent injury, further hospitalizations and treatments, resulting in even more cost to the patient, not to mention pain and suffering and other losses.

Part of the problem has been the lack of reporting required by hospitals and healthcare facilities, which has contributed to underestimation of the problem and a subsequent lack of emphasis placed on addressing the issue and reducing the number of incidents occurring.

Kimberly-Clarke Corporation, however, is taking steps to begin making a difference by partnering with doctors and hospitals nationwide to educate medical staff and management on HAI prevention.  The HAI Education Program is part of a national campaign of awareness called “Not on My Watch”.  Part of the program involves providing toolkits to healthcare facilities that contain posters, patient safety tips and informational flyers.

The innovative campaign also employs what’s called the HAI Education Bus, a one-of-a-kind classroom on wheels that travels around the country bringing continuing education, and equipping medical professionals with guidelines and best practices to reduce the incidences of hospital-acquired infections.

Given the danger associated with hospital infections, only positive results can come of this type of training, and as a result we can hope to see fewer reported incidents of HAI’s in the future, as well as fewer medical malpractice lawsuits involving these deadly infections.

If it’s too late for you, however, and you were injured as a result of an HAI, contact a medical lawyer today to find out your rights.


Amputation Malpractice

December 1, 2009

The thought of having to undergo an amputation to remove an arm, leg, or even just a finger or toe can be frightening to say the least.  But what happens when someone goes in for surgery and the doctor amputates something in error?  Or when a medical mistake results in the forced amputation of a limb in order to save the patient’s life?  It almost sounds like a scene from a horror movie, but amputation malpractice happens.  And when it does, there are steps to be taken in order to receive compensation for your injuries, pain and suffering.
There are any number of scenarios in which amputation malpractice can occur, however the most common ones typically involve at least one of the following:

  • Post-operative blood clots
  • Misdiagnosed infections
  • Surgical sponges being left in the body
  • Incorrect medication administered
  • Wrong dose or method of medication administered
  • Incorrect limb or digit amputated
  • Amputation done in error (not required)

Certainly there are plenty of other situations in which a patient may have been a victim of amputation malpractice, and every case is unique.  Anyone who has lost a body part as a result of a medical error should consult with a medical attorney.  He or she can review the case, determine if negligence exists and help determine next steps in order to get compensation for the injuries suffered.


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