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.

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Posted by Dave Austin

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.

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Posted by Dave Austin

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.

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Posted by Dave Austin

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.

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Posted by Dave Austin

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.

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Posted by Dave Austin

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.

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Posted by Dave Austin

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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Posted by Dave Austin

How to Increase your Chances of Success in your Birth Injury Lawsuit

November 29, 2009

Dealing with the aftermath of a birth injury can be stressful, discouraging and overwhelming to say the very least.  Things such as cerebral palsy, brachial palsy and shoulder dystocia are all common types of injuries that can occur before, during and immediately following birth, and any of them can have life-altering results.

So, what should you do if you think your child has been a victim of a birth injury due to a doctor’s negligence?  Certainly the term “lawsuit” will have been mentioned to you, but aside from the general term, there are certain things that you should do to properly prepare and increase your chances of being successful in your claim.

  • Seek treatment immediately to have your child properly evaluated.  You will need strong medical evidence that the injuries your child is suffering from are as a result of negligence.
  • Be proactive.  Dealing with a birth injury can take up all of the time and energy of the parents of the child but it’s important to remember that there is only a certain time frame in which you are allowed to file suit.  As difficult as it may be, getting the ball rolling on your lawsuit right away will give you the best chance of being successful in court.
  • Hire a birth injury attorney.  Don’t just pick a general personal injury lawyer – you want to be sure that the person representing you has in-depth experience specifically with birth injury lawsuits.
  • Keep a journal.  As soon as you begin to suspect that your child may have suffered an injury at birth, you should begin keeping detailed notes about any signs, symptoms and developmental progress notes that you can document.  Being able to show this type of evidence in court can make your case that much stronger.
  • Be prepared for the possibility of a long, daunting experience once your lawsuit has been filed.  Birth injury cases are not always cut and dry, and the process can take months, sometimes even years.  Preparing yourself and your family for this from the start will make the process a little easier to bear.

Realizing that your baby may have been a victim of a birth injury is an extremely emotional experience, but once you’ve come to grips with what occurred, it’s important to focus on doing the right things in order to successfully obtain compensation for the losses you and your family have suffered.  Following the steps above can get you on the road to justice for your child.

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Posted by Dave Austin

Doctor with History of Medical Malpractice Claims Still Practicing

November 25, 2009

A doctor who recently had his license revoked by the Florida Medical Board has moved and is now practicing medicine in New York, despite the allegations of medical malpractice against him.

You may have read about the young girl who went to see Dr. Pierre Jean-Jacques Renelique for an abortion at his Florida clinic several months ago.  The doctor was late to arrive and the girl ended up delivering her baby while she waited.  The medical malpractice comes into play when a staff member of the medical facility allegedly placed the fetus in the trash and Dr. Renelique later falsified the medical records to cover up the incident.

Given the details of the case, the state Medical Board took action and implemented the harshest punishment allowed, which was to revoke the doctor’s license to practice medicine.  The problem is, his license was only revoked in Florida, which means that he is still able to treat patients in any other state in which he is licensed.

It appears that is exactly what Dr. Renelique has done.  He has moved to New York and is now working at a clinic in the Bronx.  The question remains, do his current patients know about his dark past, and would they choose not to be treated by him if they were aware.

This is yet another example of the importance of doing your homework before you seek treatment from a physician.  Just because they are free to practice in your state, doesn’t mean that they haven’t had prior issues in other states.  A great resource for this is the Federation of State Medical Boards website , where you can look up disciplinary actions and other sanctions against a doctor.

Remember, the best way to avoid a medical malpractice claim is to take measures to avoid becoming a victim before it happens.

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Posted by Dave Austin

What is Informed Consent?

November 21, 2009

In terms of medical treatment, it’s a fair statement to say that every patient has the right to be properly informed about any type of care they are to receive, so that they are able to make appropriate, well thought out decisions as to their own healthcare.  This is basically known as informed consent, and when it is absent the result may be medical malpractice.

Informed consent means that any doctor or medical professional who is going to perform a procedure or treatment on you has to first give you all the relevant information regarding such treatment, allowing you ample time to decide whether or not you agree to it.  Although it can be verbal, consent is typically given in writing, and will usually contain the following information:

  • Who the doctor is that is going to be treating you
  • The physician’s qualifications
  • The medical condition you currently suffer from
  • The reason why the treatment or procedure is being recommended
  • Any and all risks involved
  • The alternatives available to the patient, their risks and whether non-treatment is also an option
  • How successful the treatment or procedure is expected to be
  • Estimated time of recovery
  • Costs associated with the procedure, and if it is likely to be covered by health insurance

Of course, there are certain circumstances, such as an emergency situation or when a patient is unconscious, when informed consent is not possible.  In these situations, physicians are expected to act in the best interest of the patient and within the appropriate standard of care.  They cannot, however, decide to perform additional procedures that aren’t medically necessary, or assume that a patient would have elected to do so had they been conscious at the time or given the ability to make an informed decision.

Lack of informed consent is not always cut and dry and can be difficult to prove.  In order to be successful in a medical malpractice case of this nature, you must be able to prove that an injury you suffered was as a direct result of not receiving appropriate informed consent, and that had you been properly informed you wouldn’t have consented.

The best chance for a successful outcome in an informed consent malpractice case is to first discuss the details of your situation with an experienced medical attorney.

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Posted by Dave Austin

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