South Carolina Medical Malpractice Attorney Blog

Medical error at well-known hospital

2013-05-17T17:53:02Z

A 76-year-old man who went into a well-known hospital to have a kidney removed came out of the surgery with one less body part; however, it was the wrong one. Although it is not clear what happened in the surgery, what is clear is that a physician took the wrong kidney out of the man. Medical errors can occur anywhere, including South Carolina.

While the man is questioning how the surgical error happened, hospital officials explained that both of his kidneys were not functioning properly. Although mistakes are common in medicine, a professional should double check their records to make sure that mistakes like these don't happen. Other surgeons at the hospital later took out the second kidney for the patient, who is now on dialysis. The man reportedly expressed his confidence in that surgeon.

]]> A study conducted by John Hopkins indicated that medical mistakes occur about 4,000 times annually across the nation. The study further reported that physicians perform the wrong operation on people about 20 times a week and that they also operate on the wrong part of the body 20 times weekly. A lawyer observed that these types of mistakes are considered malpractice.

The hospital stated that the mistake should not have happened at their facility and that the doctor is not practicing at their location until they can investigate the situation further. In addition, patients expressed their support of the facility and said the hospital treated them with the highest level of professionalism.

When medical professionals make medical errors, the mistakes can be life-threatening and even lead to death. A medical malpractice lawyer might help a patient file a lawsuit and determine appropriate compensation.

Source: CBSNewYork.com, "Wrong Kidney Removed From Patient At Mount Sinai Medical Center", May 10, 2013

Hospital patients catching superbugs

2013-05-10T18:35:03Z

In addition to whatever ailment a South Carolina resident has entered a hospital for, they may also have to worry about catching a superbug. Approximately one in every 20 people who enter a hospital will catch a superbug over the course of their stay. This has caused a growing concern about the issue of medical malpractice and cleanliness, and many hospitals have started taking steps to prevent the spread of these types of infections, though there is no consensus that any are effective yet.

According to the Centers for Disease Control and Prevention, infections from superbugs are associated with over 100,000 deaths every year. Some of these viruses are even resistant to the antibiotics that are currently available. As far back as the late 1800's, hospitals noticed that unsanitary conditions led to worsening patient conditions. Today, hospitals are using robots that emit UV light or hydrogen peroxide vapors, as well as germ-resistant bed rails and call buttons in an attempt to reduce or eliminate the rate of infection.

]]> One of the biggest sources of concern for hospitals right now is Clostridium difficile, also known as C-diff. This infection is resistant to alcohol-based hand sanitizers, and it can stay for days after a patient has left. What makes containing these bugs even more difficult is that sanitation needs to go beyond the operating room floor. Everything from TV remotes to bed rails need to be kept clean.

The last thing someone going into a hospital should have to worry about is ending up with another medical condition. If someone has been harmed by a doctor or medical professional, they may want to speak with an attorney to find out what their legal options are.

Source: USA Today, "Hospitals see surge of superbug-fighting products", April 29, 2013

Bullying in hospitals may pose safety risks for patients

2013-05-06T14:10:57Z

South Carolina residents may be interested to hear about information that suggests that bullying between doctors and co-workers may pose safety risks for patients. In a survey of over 4,500 health care workers, 77 percent reported disruptive behaviors among doctors and 65 percent reported disruptive behaviors among nurses. Nearly one-third of those same workers said that such behaviors contributed to patient deaths, and more than two-thirds said that they led to medical errors.

In one case, a perfusionist claimed that a cardiac surgeon clenching his fists and yelling at him menacingly made him feel threatened and traumatized him. A perfusionist is the person who operates the heart/lung machine during an open-heart surgery, so having his or her focus is extremely important in an operation. The Indiana Supreme Court later upheld a $325,000 settlement for the traumatized perfusionist. The tension between doctors and employees can potentially lead to more medical errors, which can, consequently, lead to more medical malpractice lawsuits.

]]> Although bullying is part of every workplace, experts say that it is especially concerning in hospitals and other health care environments where patients' safety is at risk. They believe that if bullying contributes to more doctor mistakes, then measures should be taken to prevent it. To lead as an example, Vanderbilt University Medical Center created a "distressed physicians" program that aims to help doctors correct their disruptive behaviors.

People who have conditions that are caused by or made worse by doctors' errors might be eligible to file a medical malpractice lawsuit to gain compensation for their injuries. Medical malpractice lawyers may help those filing medical malpractice claims gather the evidence that they need to prove that their situations were caused by healthcare negligence as well as help them present those claims.

Source: USA Today, "When doctors are bullies, patient safety may suffer," Kim painter, April 20, 2013

Constant noise from medical devices may lead to "alarm fatigue"

2013-04-26T22:14:43Z

South Carolina patients and patients elsewhere may not be being given the treatment they need if hospital workers have "alarm fatigue." According to a hospital accrediting group, nonstop beeping from hospital monitoring devices may lead to workers tuning out the noises. This increases the chances that patients will not be treated in a timely manner and that medical malpractice may occur.

The group believes that, on average, at least 24 deaths a year occur due to alarm fatigue. However, according to reports from the FDA, the number may be far greater. Between January 2005 and June 2010, the FDA found links between 500 deaths and hospital alarms; however, the reports include equipment malfunctions, so the cause of death may not be related to alarm fatigue.

]]> Medical devices monitor a patient's heart rate and blood pressure, among other things, and beeps can indicate trouble or that a device isn't working. Since technology differs, different beeps mean different things depending on the device. Ignoring or misinterpreting an alarm can lead to a domino effect that leads to injury or even death to patients. According to the accrediting group, it is incumbent upon hospitals to train workers in safe alarm management.

When someone goes to a hospital for medical treatment, he or she should not have to worry that their doctor or a nurse will not provide them appropriate care in a timely manner. If someone has been injured due to a medical professional's negligence, he or she may want to speak with an attorney who could explain their legal rights.

Source: SCNow, "Hospital group says 'alarm fatigue' can be deadly," Lindsey Tanner, April 8, 2013

Why hospitals can be dangerous

2013-04-19T18:39:59Z

South Carolina residents going to a hospital for medical care may feel that they are completely safe, but the unfortunate truth is that, according to the Institute of Medicine, about 100,000 people die from medical errors in the United States every year. In addition to instances of medical malpractice, people may end up being misdiagnosed, given the wrong type or amount of medication or put through unnecessary tests.

One of the leading causes of harm to patients in hospitals is misdiagnosis. If someone's medical issue is not correctly identified, it is not going to be treated properly. Doctors need to be proactive about figuring out what patients are suffering from instead of just ruling out what they do not have. Related to this is being given the wrong type of medication or the wrong dosage. Even if someone has been diagnosed correctly, they may not end up getting the medication they need.

]]> When doctors are unsure of a diagnosis, they may run patients through a seemingly endless number of tests. In addition to being an enormous waste of money, some tests can end up being harmful to patients. For example, the dyes that are used for CTs and MRIs can cause kidney failure. It is important that doctors are using tests in specific and necessary circumstances.

If someone has been injured while in the care of a medical professional, they may want to speak with a medical malpractice attorney. People rely on doctors to diagnose and treat them properly, and if this does not occur, an attorney may be able to help someone receive compensation.

Source: Huffington Post, "10 Things That Can Kill You in the Hospital," Leana Wen, M.D., April 3, 2013

Shorter shifts for resident doctors lead to more errors

2013-04-11T17:21:50Z

South Carolina residents may be aware that researchers have made a counterintuitive discovery that shorter shifts for resident doctors in hospitals lead to a greater number of errors. According to two studies being published in the Journal of the American Medical Association, misdiagnosis and other medical errors are more likely when residents work 16 hours without a break as opposed to 30 hours.

The goal of the medical oversight board shortening shifts for residents was to reduce errors made by sleepy doctors according to a study done by the University of Michigan Medical School. However, in practice, residents working the shorter shift are 15 to 20 percent more likely to make a mistake. Two possible reasons for this are that residents are not sleeping more in spite of shorter shifts and increasing "handoff risks." When a patient does not have the same medical professional looking after them for an extended period of time, important diagnostic information may be missed.

]]> Researchers sent surveys every three months to over 2,000 students entering residency programs in 2009, 2010 and 2011 asking about their sleep habits, overall well-being and health. The surveys showed that students' sleeping habits were largely unchanged even after being put on a shorter shift. Self-reported errors also increased, and some residents also showed signs of depression.

If someone has been harmed due to a negligent or inattentive medical professional, they may want to speak with a medical malpractice lawyer. A lawyer may let them know what their legal options are and if they have recourse.

Source: USA Today, "Studies: Residents make more errors on shorter shifts," Janice Lloyd, March 25, 2013

Medical malpractice suits against hospitalists more common

2013-04-05T23:44:27Z

According to a senior vice president with The Doctors Company, which is the largest U.S. provider of medical malpractice insurance for physicians, hospital-based physicians face a higher number of malpractice claims than primary care physicians. Medical malpractice claims against hospitalists also tend to carry a higher dollar value. This disparity between physicians working in different environments has led insurance companies to craft separate policies for the approximately 35,000 hospitalists.

Why are hospitalists, who receive the same training as other medical doctors, at higher risk of malpractice suits? Medscape Today suggests several reasons for the difference. When patients are admitted to a hospital, the hospitalist generally takes over the role of the primary care physician. Primary physicians build relationships with their patients by learning how they communicate and gathering background information. Hospitalists lack these resources, which is a problem often compounded by greater job stress. The stress factor was highlighted by a Johns Hopkins survey of hospitalists. It showed that 40 percent of doctors believed hospital admittances routinely went above safe levels. Almost as many doctors claimed this occurred once per week.

]]> Another key difference noted by Medscape was patient health. On average, admittance to a hospital signifies a worse or more delicate health situation. In other words, hospital-based physicians tend to see patients at their worst.

Operating conditions at a hospital play a large role in patient safety. Those who are injured due to hospital negligence in maintaining a safe number of patients may be left left with increased medical expenses, injuries and even permanent disability. Victims of hospital negligence may be able to receive compensation with the assistance of a medical malpractice attorney.

Source: Fierce Healthcare, "As number of hospitalists soars, so do lawsuits against them," Ashley Gold, March 22, 2013

Avoid health care risks by being proactive

2013-03-28T17:59:53Z

Hospitalization is often necessary to treat serious illnesses, but patients in South Carolina and throughout the country need to take a few steps to insure the safest stay possible. There have been an estimated 1.5 million medication errors every year, according to a recent study by the National Patient Safety Foundation, and over 1,000 other serious mistakes that have caused unnecessary deaths or worsening of illness. Notable cases included a man who lost his leg when a post surgical drain was left in too long and newborns who have died of Heparin overdoses.

Unless a patient is facing an emergency, he or she should take the time to investigate the hospital and other providers that will be in charge of their care. Many people do not do this, but it can be as simple as looking up the prospective hospital and physician online and verifying all their licensing. Many resources can be found at the Agency for Health Research and Quality. Institutional and physician safety records are more available now than they ever have been, and patients may want to take advantage of this information.

]]> Experts advise that people check for hospitals that are Magnet certified and don't go into a care situation alone but bring a family member or friend. Patients should insist that all providers wash their hands before beginning a procedure, and prepare a list of their medications, dosages and medical history. The most important thing to do is ask questions and speak up if something seems wrong.

The Institute of Medicine reported in 1999 that at least 90,000 patients were adversely affected or die from medical errors, and hospitals have been working on correcting this, but even the most proactive patient can be injured or even killed as a result of an egregious error. Victims of medication errors or surgery mistakes may be able to obtain compensation for their medical expenses with the help of a South Carolina medical malpractice attorney.

Source: Huffpost Healthy Living, "Safe Health Care for All During Patient Safety Awareness Week," Kim Siarkowski Amer, March 12, 2013

Study: Short patient visits and quality of patient care

2013-03-24T19:30:02Z

When a patient makes an appointment with his or her primary care physician, the tension level at that visit is usually lower than on visits to a specialist, a surgeon or a hospital facility. After all, primary care physicians are most often associated with preventative medicine and therefore these office visits often feel less threatening for patients.

Unfortunately, failure to take these office visits seriously can lead to serious consequences. A recent study indicates that physicians' rate of failure to diagnose various conditions at the level of primary care is highest when certain elements of these office visits are not given proper consideration.

]]> The study was published in last month's Journal of the American Medical Association: Internal Medicine. Its authors have determined that primary care physicians are often bound by time restraints that limit their ability to dig into the more mysterious elements of any given patient's condition.

The basics of a primary care physician visits tend to be the most pressing in terms of forming a correct diagnosis. When physicians fail to properly conduct elemental processes of a visit, the highest rates of missed diagnosis and misdiagnosis occur. These processes include patient medical history and physical exams. Proper follow-up and referrals are important too, but ultimately it is the most basic foundations of a visit in which primary care physicians make mistakes that lead to incorrect diagnoses.

It is therefore critical for physicians and patients alike to take primary care visits seriously. Failure to do so could lead to needlessly tragic consequences.

Source: Amednews.com, "Primary care time squeeze explains errors in diagnosis," Kevin B. O'Reilly, March 11, 2013

Leave-behind surgical errors can be fatal

2013-03-22T16:56:52Z

There are many legitimate reasons that patients fear the operating room. The risk of contracting a post-operative infection, the risk of reacting to anesthesia and the risk of a challenging diagnosis can be daunting. However, risks that patients should not be subjected to are those of leave-in surgical errors. Tragically, more than one dozen patients are subjected to leave-in surgical errors on a daily basis nationwide. When sponges, towels and other surgical tools are left inside patient bodies, the outcome can be catastrophic.

These retained surgical items can cause patients extreme pain and can inspire various complications requiring hospitalization including organ failure and death. As a result of their potentially lethal complications and because leaving a foreign object inside a patient rises to the level of unacceptable negligence, leave-in surgical errors have been deemed "never events."

]]> Never events are grossly negligent and preventable instances that may cost patients their lives needlessly. It is almost incomprehensible that this kind of never event alone occurs more than a dozen times daily across the country. Most often, patients are left with surgical sponges inside their bodies, though metal instruments, gauze, towels and even parts of gloves are sometimes left in body cavities.

Patient checklists should always be employed in order to prevent leave-in surgical errors. Patients, please check with your surgeon to make sure that this safety procedure is in place before you go under. Failure upon your physician's part to ensure that no leave-in errors occur could cost you your wellbeing or your life.

Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, March 8, 2013

Radiologists face highest rate of malpractice claims for breast cancer

2013-03-10T19:00:28Z

Radiologists provide critical diagnostic testing analysis to patients all across the United States. When their analysis is unfounded, under-examined or otherwise negligent, potentially deadly consequences can result. There are many reasons why one might have cause to sue a radiologist who has deviated from required standards of patient care. However, a new study indicates that patients most frequently file medical malpractice claims against radiologists due to delayed breast cancer diagnosis issues.

When women go in for routine or diagnostic mammograms and other related testing, they trust that the expert reading their scans will approach that task with the urgency and reflection that it warrants. However, too many radiologists miss or ignore critical warning signs that point to breast cancer.

]]> True, no diagnostic testing method is perfect. However, standards of care and practice do dictate the ways in which radiologists must approach the breast cancer screening process. When radiologists deviate from this professional expectation, women can be sent home without a proper diagnosis. In too many cases, breast cancer that is present continues to spread and grow absent intervention and proper treatment.

Last month's issue of Radiology features the study linking radiologists to a high rate of missed diagnosis claims. Nearly a third of radiologists in the U.S. face a minimum of one medical malpractice claim during the span of their careers. As a result of this startling statistic, patients should be more vigilant than ever about securing a second opinion if their tests are analyzed as negative but they believe something about their health to be truly concerning.

Source: Oncology Nurse Advisor, "Breast cancer diagnostic errors major cause of malpractice suits," Feb. 4, 2013

Medical bill issues affect victims of medical malpractice - Part II

2013-03-04T16:00:35Z

Yesterday we began a discussion about medical bills. We noted that medical malpractice awards are structured to cover the cost of care for patients who have been harmed. One of the primary reasons that these award amounts must be as high as they are is that the line by line medical costs for patients are too often inflated past recognition. This places stress on patients trying to pay these bills and on the American economy that must absorb the effects of an unbalanced medical care system.

The significant markups that hospitals insist on charging patients who are not on Medicare can be enough to break the banks of even upper middle class Americans. A recent TIME article gives multiple examples of what these markups look like practically. Just a single example notes that a Medicare patient will be charged $20.44 for a chest x-ray, while a privately insured or uninsured patient will be charged $283.00. This cost disparity clearly illustrates why so many medical malpractice judgments range in the millions of dollars but are not enough to ultimately care for the affected patients.

]]> According to federal law, the amount that hospitals charge patients on Medicare must correctly approximate the hospital's cost of not only providing the service but also physician salaries, overhead and medical equipment. Why then do hospitals routinely charge insured patients many times the amount that Medicare patients are billed?

This is a complex question that must be studied in-depth. At a time when American incomes are declining and healthcare costs are skyrocketing, it is not the amount of medical malpractice judgments that should be coming under fire but the inflated line by line costs of medical care itself.

Source: TIME, "Bitter Pill: Why Medical Bills Are Killing Us," Steven Brill, Feb. 20, 2013

Medical bill issues affect victims of medical malpractice - Part I

2013-03-03T18:53:00Z

A TIME Magazine cover story about medical bills has recently received a great deal of media attention. The American public is quite familiar with the fact that the cost of medical bills is causing even insured Americans to lose their financial footing. However, the TIME story makes clear that it is not just the bottom line medical costs that are harming Americans at nearly every income level but also the line by line costs.

When a patient becomes a victim of medical malpractice, any resulting judgment will likely include damage amounts for pain and suffering as well as damages for medical bills themselves. The amount of medical malpractice damage awards is a subject of great controversy nationwide. Though nearly all Americans can agree that patients who have suffered negligent harm deserve to be compensated, the amount of compensation they receive can seem unjustifiable to the untrained eye.

]]> For example, say that a patient harmed by a physician becomes disabled as a result of his or her care. Of course the patient should be compensated. But is a multi-million dollar judgment really necessary? Surprisingly, yes. In addition to the fact that the patient will need long-term care as a result of the medical mistake, the care itself costs a fortune. A patient who has suffered brain injury for example, may need round the clock care for the rest of his or her life.

When the line by line costs of any given procedure, treatment or drug are not correctly calculated, the total cost of care inflates out of control. This affects the overall award judgment amounts that medical malpractice victims must receive in order to cover the costs of their care.

This is a complex issue with significant consequences. Please check back in with us tomorrow as we continue our discussion.

Source: TIME, "Bitter Pill: Why Medical Bills Are Killing Us," Steven Brill, Feb. 20, 2013

Med mal case before the Supreme Court could affect awards

2013-02-24T16:34:56Z

Last month, the United States Supreme Court heard arguments in a case that could affect an untold number of Americans. The case before the court centers on a girl who is deaf, blind, mute and cannot walk, crawl or even sit without assistance. When the girl was being delivered, she became the victim of medical malpractice which resulted in her current physical state. She and her parents were subsequently awarded $2.8 million in a malpractice settlement.

However, the girl's home state of North Carolina asserted a lien on one-third of the judgment money awarded in the case. The young girl is a Medicaid beneficiary and the state estimates that it has spent nearly $2 million on her medical expenses to date. Like many other states do, North Carolina asserts the right to retain the lesser of one-third of malpractice judgments or the total Medicare expenditures for an affected patient.

]]> On one side of this debate are cash-strapped states looking for reimbursement for taxpayer dollars that have gone to support medical malpractice victims. On the other hand are the victims themselves, who are in need of every dollar awarded in the malpractice suits they have won.

To make matters even more complicated is federal law on the subject, which may conflict with any number of state laws related to medical malpractice and Medicaid. Generally, federal law prohibits liens on malpractice awards because they are considered property of the Medicaid recipient. Yet, Supreme Court precedent seems to suggest that only awards related to pain and suffering are immune from liens.

Whatever holding the Supreme Court eventually hands down will undoubtedly affect Medicaid recipients who are victims of medical malpractice. Chances are that approaches to these malpractice cases will need to be modified accordingly.

Source: Miami Herald, "Supreme Court case involves medical malpractice awards, Medicaid," Michael Doyle, Jan. 7, 2013

When being a 'good' patient is a bad idea

2013-02-08T16:28:14Z

In 2009, the New York Times bestseller list featured a book entitled "Curse of the Good Girl." The premise of this book holds that by insisting that young females conform to an idea of "goodness" characterized by politeness, selflessness and niceness, they tend to become disempowered and fail to reach their full potential. Whether or not this premise is true, a similar argument can be made with regard to patient behavior.

When a patient is "good" in this way, he or she is less likely to challenge the assumptions of treating physicians, insist on a second opinion or voice questions that need to be answered. Being a "good" patient no longer means taking the word of physicians as gospel. In fact, when patients are too quiet and too "good," incidences of failure to diagnose cancer and other conditions rise among them.

]]> It is time for patients to understand that standing up for their best interests in active and vocal ways does not make them bad, difficult or ungrateful patients. Rather, it is by actively participating in their own care that patients can help physicians properly diagnose and treat any conditions that may arise.

Humans have a strong biological sense of when their health and wellbeing is endangered. This means that more often than not, your body will tell you when something is truly wrong. If your physician insists that your pain is temporary or in your head and still your body insists that something is truly wrong, please go seek a second opinion. Doing so will not make you a bad patient. It will make you a self-empowered patient who wants to help ensure your health and wellbeing. In addition, failure to act can lead to devastating consequences.

Source: New York Times, "Living With Cancer: The Good Patient Syndrome," Susan Gubar, Jan. 24, 2013