Hawaii Injury Lawyer Blog

A recent report has revealed that despite claims that a medical malpractice litigation crisis exists – that courts are filled with both legitimate and frivolous medical malpractice claims - the opposite is true. In fact, tort filings – including medical malpractice cases – are down significantly.

Not surprisingly, the majority of cases – nearly 73% - are contract based monetary disputes. According to the recently released National Center for State Courts’ statistics, tort lawsuits dropped by 25 percent from 1999 to 2008 whereas contract caseloads grew by 63%.

Further, of the declining tort cases, medical malpractice caseloads comprise an ever-shrinking proportion. In fact, each year fewer than a couple hundred medical malpractice cases are filed in any one state. Although the enactment of tort reform may affect the number of filings, the number of filings is so small that a variety of factors may have the same impact.

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New research indicates that an early life brain inflammation may lead to a greater susceptibility to drug addiction later in life.

As reported at a recent meeting of the Society for Neuroscience, when adult rats suffered brain inflammation early in their development they showed an increased tendency toward addictive-like behavior. The researchers concluded that “early-life brain inflammation leads to long-lasting damage of the brain’s reward system...but that damage may not become apparent unless later unmasked by exposure to an addictive drug.”

In children, brain inflammation is typically caused as the result of an infection following illness. Inflammation may be mild and go undetected or may be more severe, leaving lasting damage. One of the concerns in pediatric meningitis, an inflammation of the lining that covers the brain and spinal cord, is that the infection may spread into the brain tissue, causing permanent brain damage.

Although children with meningitis may exhibit few symptoms, some clinical signs of infection exist that health care professionals can use to make the appropriate diagnosis. These include a high fever, vomiting, high-pitch crying, neck pain and stiffness, arching the back, lethargy and pale, blotchy skin. Part of a pediatrician’s training is to diagnose and treat these symptoms to avoid permanent damage. A physician may be liable for medical malpractice if they fail to comply with the appropriate standards of care when it comes to diagnosing meningitis.

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A Tennessee woman received a $6 million settlement from the Blanchfield Army Community Hospital after her child developed cerebral palsy. According to the lawsuit, the woman’s doctor delayed performing a cesarean section, and the infant suffered oxygen loss to her brain. The baby developed breathing problems shortly after birth and was placed in an incubator for more than a month.

Generally, birth injuries occur when blood flow is adequate during labor and delivery. When doctors and nurses failed to take immediate action to increase the oxygen supply, profound and lifelong catastrophic injuries can occur. The failure of doctors, nurses, or other hospital staff to act promptly and appropriately may constitute medical negligence.

As a condition of the settlement, the hospital, the doctor and the Army did not admit to any guilt.

The award will allow the family to be able to pay for medical bills, as well as therapy and other costs. As noted by a legal commentator, had tort reform measures been in place, the family would not have received just compensation. “The current system enables the average person to sue the responsible party for (damages from) pain and suffering and for the actual injury.” “Some would ask how will the little guy get justice if we have tort reform?”

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A recent study showed that cancer is one of the most frequently missed diagnoses by physicians – with breast cancer being one of the top three missed diagnoses in women.

Obtaining a proper diagnosis is the first step to receiving the appropriate treatment. Failures in diagnosis can happen in several ways and often arise when a physician fails to detect the existence of cancer early enough to treat effectively or, alternatively, by erroneously finding cancer exists when it does not. Either situation may constitute medical negligence.

A recent story in the Hawaii Star Advertiser detailed the horrific story of a woman who was told by her pathologist that she had breast cancer, as diagnosed from a biopsy. She underwent extensive surgery, resulting in the removal of a golf-ball-size chunk of the woman’s breast. After enduring surgery, radiation, drugs, as well as the psychological impact of receiving the cancer diagnosis, the woman was told that she had never had the disease.

Diagnosing breast cancer can be difficult and pathologists must have significant experience to understand the variations and “nuances” of breast cancer cases. Failing to diagnose someone with cancer or telling someone they have cancer when they do not, both lead to significant emotional trauma and impact the medical treatment needed.

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