Medical Malpractice – Failure to Prevent Injury

July 24, 2009

The term medical malpractice is most often associated with a doctor’s failure to diagnose or misdiagnosis of an illness, as well as surgical and other medical mistakes.  But there are many other ways in which a physician’s negligence can cause injury or harm to a patient.  One of these is failure to prevent injury, and it is just as dangerous as any other type of medical malpractice.

In many cases, doctors not only have to treat an illness or injury in its current state, but they also must have the foresight to take appropriate measures to prevent subsequent injury or complications as well.  This means taking precautions such as proper follow up examinations and monitoring of a patient’s condition.  When this is not done, complications can arise resulting in further injury or harm, or even death to the patient.

Failure to prevent injury can stem from any of the following medical errors:

  • Failure to refer patient to a specialist
  • Misdiagnosis of an injury or illness
  • Failure to properly treat an injury
  • Inadequate or lack of follow-up treatment
  • Failure to diagnose an injury or illness
  • Prescription errors
  • Delayed diagnosis
  • Failure to prevent blood clot

Certainly there are any number of additional scenarios in which a doctor’s negligence can lead to his or her failure to prevent injury to their patient, but these are the most common.  Medical attorneys are experienced in recognizing these cases and know the best way to pursue justice for the victim.  If you or a loved one has suffered an injury as a result of a doctor’s mistake, contact a lawyer right away to discuss your rights.

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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

Medication Errors

May 16, 2009

Each year an astounding 1.3 million people are injured in the US due to medication errors.  According to The National Coordinating Council for Medication Error Reporting and Prevention,  a medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer…related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.”

A study performed by the FDA revealed that the most common cases of fatal medication errors involve:

  • Incorrect dosage of medication (41%)
  • Wrong drug prescribed (16%)
  • Improper route of medication administration (16%)

Additionally, it was documented that nearly half of those who are killed by medication errors are people aged 60 or older.  This may be due to the fact that many aging people take multiple prescriptions at a time to combat different ailments.
So what can you, as a patient, do to prevent being a victim of a medication error?  The answer is relatively simple: ask questions.  It’s important, however, that you know the right ones to ask.

What is the name of the drug?
What is it used for?
What is the proper dosage?
What are the dosage directions (ie. how often, by what method, etc.)?
Are there any storage requirements (ie. does it need to be refrigerated)?
Are there any other special instructions?

It is also critical that you discuss any and all other drugs you are currently taking with your doctor before a prescription is written for you.  This includes over the counter medications and dietary supplements.  This will aid in the prevention of possible dangerous drug interactions.

The bottom line is, you must be an advocate for your own healthcare, and you should never be afraid to ask questions or request further information before you begin any prescription medication treatments.  Remember, doctors and pharmacists are human too and can all too often make mistakes, as evidenced by the statistics referenced above.  The more you know, the less likely you are of becoming a victim of medication error.

Source:   www.medicinenet.com

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Posted by Dave Austin

Nursing Errors – Causes and Consequences

May 9, 2009

Nursing errors are typically not mentioned as much as other types of medical malpractice, however the instances in which they occur are steadily on the rise.  In fact, since 1995 more than 9,500 patients have been injured as a result of errors made by nurses.  1,700 have died.  These numbers are alarming, certainly warranting a closer look at what causes nursing errors and their consequences.

If you look at the job listings in most any area of the country, you are bound to see an abundance of openings for nursing positions.  The truth is there is a severe shortage of qualified nurses across the US.  This inevitably means that those who are employed are taking on a workload that is often much larger than it should be.  Many hospitals require their nurses to work mandatory overtime, adding insult to injury.  The result of this is a nursing staff that is overworked and exhausted.

Additionally, to make up for the shortage, many hospitals hire temps who are under qualified to lessen the load.  This dangerous combination can, and often does result in nursing errors.

As with any other type of medical mistakes, the consequences of nursing errors can range anywhere from simple to life threatening.  A few of the more common types of nursing errors include but are not limited to:

  • Improper medication dosage
  • Medication dispensed to wrong patient
  • Failure to report changes in patient condition to a physician
  • Failure to properly note changes in patient condition on charts
  • Improper use of medical devise
  • Failure to perform vital care in a timely manner
  • Performing tasks that are beyond the scope of their training

Any of these errors can result in injury or even death to the patient.  Victims of nursing errors are encouraged to discuss their situation with a medical lawyer who is experienced in dealing with these types of medical malpractice claims.

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Posted by Dave Austin

Doctor Arrogance Leads to Medical Mistakes

December 4, 2008

Ever encountered a know-it-all doctor? They’re unfortunately not uncommon. And while many doctors put their patients first, there are always those who put their egos before all else. These are the doctors who refuse to be challenged by nurses, medical staff or anyone whose knowledge they feel is inferior to their own. And it’s this kind of attitude that can put a patient’s health at risk.

In fact, two recent studies have shown that obnoxious, arrogant and disruptive behavior on the part of doctors can be a direct cause of preventable medical mistakes and even patient death. Among the studies’ findings are the following:

  • 18 percent of health care workers surveyed for one study revealed knowledge of a mistake caused because of an obnoxious physician
  • 40 percent of hospital staff surveyed admitted to not sharing concerns about potential medication errors because they were intimidated by a doctor
  • 7 percent of those said their failure to act contributed to a medication mistake

Medical experts have cited tragic cases about nurses, residents and other healthcare staff who feared the abuse of a doctor and thus failed to report problems with a patient. In other cases, doctors have acted with hostility or been uncooperative – both of which can lead to substandard care and patient harm.

Although doctors direct much of their unsavory behaviors at their staff, patients may also be on the receiving end of a physician’s hostility or arrogance. Remember that you don’t have to tolerate obnoxious physician behavior, and statistics seem to suggest that it’s in your best interest to avoid those types of doctors anyway.

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Posted by Dave Austin

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