Hawaii Injury Lawyer Blog

A little more than ten years after a federal report revealed that hospital errors were responsible for more than 98,000 number of injuries of deaths per year, a new report prepared by the inspector general for the U.S. Department of Health and Human Services reveals that the rate of medical mistakes is even higher than reported. The HHS medical error study concludes that just 1 in 7 hospital errors or accidents are reported, contrary to what is required by law. Additionally it is estimated that more than 130,000 Medicare patients have one or more “adverse events” in a single month.

According to the report, the adverse events included such preventable medical mistakes as medication errors – both in prescribing and giving – bedsores, hospital-acquired infections, delirium from excessive painkillers and excessive bleeding as the result of improperly administered blood thinners.

In 1999 the lack of reporting of medical mistakes was attributed to an alleged fear among hospital personnel about getting in trouble, job stability and lawsuits. As stated in a recent editorial in the New York Daily News, “Nowadays, the reason seems to be ineptitude.”

In fact preventable medical errors now rank as the sixth biggest killer in America, seriously injuring and even killing hundreds of thousands of Americans each year. And despite articles identifying the problems of negligent and reckless doctors or medical staff and the need for improved patient safety, medical mistakes continue to go unreported or underreported. In the intervening decade since the landmark report was issued little has changed by way of lessening the number of errors or in the reporting of problems.

Continue reading "Hospitals Fail To Report Most Medical Errors And Mistakes " »

As stated in a recent article concerning the federal medical malpractice database a once useful tool to provide information about doctors who make medical mistakes has been changed, making it more difficult to obtain this crucial information. Recently, the Department of Health and Human Services changed the rules concerning how researchers and reporters use anonymous information about more than 196,000 doctors who commit medical malpractice or have other discipline issues. Previously, individuals such as reporters were able to download the information about dangerous doctors from the federal database, and in some cases, identify the particular offenders. Examples of medical negligence included surgical errors, delays in diagnosis, prescription errors and delivery mistakes.

If you believe you or a loved one has been injured as the result of medical malpractice, it is important to speak to an experienced Hawaii medical malpractice attorney. A skilled medical negligence lawyer can provide critical answers in your time of need.

Continue reading "Doctors With Histories Of Medical Mistakes Identities Protected By Database" »

A recent story chronicled the events surrounds Schelly Sanders, a woman who went into an Ohio hospital for a simple procedure but suffered a serious injury as the result of a medical mistake. Sanders had seen a physician to have her fallopian tubes tied, but he committed a medical error and punctured two holes in her bladder.

As the result of the medical malpractice, she developed sepsis - a severe infection – that caused her to lose all muscle control for several months. After months of rehabilitation she was left with chronic pain and permanent personal injuries. Sanders settled her case but subsequently died earlier this year as the result of cancer, attributed to excessive exposure to x-rays. Her death came at the same time as a new study in the New England Journal of Medicine revealed the challenges for some victims of medical errors to recoup damages for medical harm where caps exist.

According to the study, many malpractice claims are dropped without payment with the majority of doctors who make mistakes not having to pay at any point in their careers. If you have been harmed as the result of medical malpractice, it is important to speak to a knowledgeable Hawaii injury attorney who understands medical malpractice laws and can fight to ensure you receive the compensation you are entitled to.

Continue reading "Study Reveals Caps On Medical Malpractice Lawsuits Harm Victims Of Medical Mistakes" »

In a move which makes information concerning adverse actions against doctors less available, as of September 1, the National Practitioner Data Base (NPDB) has removed the public use option of the information from the website. The NPDB provides information regarding doctors practicing in Hawaii and throughout the United States regarding medical malpractice actions and license revocations and suspensions. Previously, hospitals and other health care providers could log into the data bank for information concern a particular physician to determine whether the doctor has ever had his or her licensed revoked or suspended, or whether the doctor has been involved in medical malpractice settlement. Medical malpractice may include such actions as failure to diagnose, anesthesia errors and emergency room errors.

Additionally the public use file provides valuable information to the public, including reporters and researchers regarding the oversight of doctors, trends in disciplinary actions and medical malpractice awards. The public has used this information to help lead to better patient protection. The public aspect has just been removed so that the public cannot determine the specific identity of physicians.

Many healthcare journalists used this data bank in order to expose deficiencies in state discipline of doctors found liable for medical negligence and help to improve patient safety. In fact, the public was able to determine a Missouri doctor continued to practice in Hawaii despite committing medical negligence in two other states.

As stated by the Association of Health Care Journalists “We remain troubled that it appears [Health and Human Services] is more interested in protecting doctors accused of harming patients than protecting the patients themselves.”

Continue reading "Information On Hawaii Doctors Who Commit Medical Malpractice Less Available" »

The Associate Press reveals that some of Hawaii’s biggest hospitals have decided to electronically share patient records in an effort to improve patient safety and reduce medical errors. The Hawaii Pacific Health group and Queens Medical Center announced their decision to work together this past Wednesday.

In joining efforts – especially when critically ill patients come to the emergency room - Dr. William Sandusky from Straub Medical clinic notes physicians will have "immediate access to patient medical records enables his team to see medical histories, lab results and medications.” By providing doctors this crucial information, they can determine appropriate medical treatment.

In fact, many studies reveal having sufficient information on hand reduces the chances of medical errors and decreases the likelihood that doctors will fail to diagnose medical conditions when they visit hospitals for critical care. Recently, U.S. News & World Report also noted the importance of bringing electronic medical records (EMRs) to physicians’ offices and hospitals.

However, despite generally recognized benefits of EMRs, some problems exists in getting the systems up and running, such as costs involved and the need of doctors to spend a significant number of hours to learn the new system. An additional study in the Archives of Internal Medicine found that although EMRs made doctors more likely to offer tests in certain areas such as routine measures of blood pressure, they were less likely to discuss other issues such as treating depression.

Alternatively, a study in the American Journal of Managed Care found that EMRs can lead to a higher level of care where interactive features exists, such as email reminders to patients.

Continue reading "Hawaii Hospitals To Share Documents Electronically In Order To Reduce Medical Errors" »

In the first of what could potentially be many, on Monday a medical malpractice trial began against a Miami Veterans Administration Hospital for using improperly cleaned colonoscopy equipment. According to the lawsuit, a U.S. Air Force veteran – Robert Metzler - from Coral Gables, contracted the life-threatening hepatitis C condition as the result of being scoped with dirty colonoscopy equipment. At trial, attorneys explained that Metzler now faces a future of exhaustion, the threat of cirrhosis or liver cancer, and loss of sexual companionship.

Metzler is not alone in his claim. More than 11,000 U.S military vets have been informed that they had colonoscopies with the use of dirty equipment at three VA Hospitals. Metzler’s trial against the Miami VA marks the first trial. In addition to the Miami VA Hospital, other VA hospitals implicated include ones in Murfreesboro, Tennessee and Augusta, Georgia.

Metzler now has hepatitis C, which also has the potential for insomnia, hot flashes and liver failure. Although some drugs exist to treat the condition, significant side effects may occur from their use including suicidal and homicidal tendencies.

Society depends on medical providers for quality care and treatment. When we visit a doctor or go to the hospital we expect to emerge healthier. While the majority of medical providers offer excellent care, when providers fail to comply with community standards of care and commit medical errors, they may be liable for medical malpractice.

Continue reading "First VA Hospital Colonoscopy Medical Malpractice Lawsuit Goes To Trial" »

The recent suicide of a 50-year-old nurse highlights the extent of tragedy when a medical mistake occurs. Kimberley Hiatt, a registered nurse at Seattle Children’s Hospital overdosed a baby with 10 times the necessary medication. The child died a few days later. Shortly thereafter, Hiatt was fired and investigated by the state nursing commission. Hiatt’s death underscores the complexity involved when medical errors occur.

Patients killed by medical errors continue to increase. In fact, 1 in 7 Medicare patients are victims of serious medical errors and hospitals each year. A Department of Health and Human Service’s report this past November reported that 180,000 patients die each year due to preventable errors. This is nearly double the 98,000 reported deaths each year in 2000.

In addition to the significant toll on families of medical malpractice and wrongful death, studies show health care workers are often traumatized by their actions, with reactions ranging from anxiety to sleeping problems, questioning their professional abilities and thoughts of suicide.

Further, where medical malpractice occurs, is important for families of a victim to seek compensation in order to provide for a lifetime of care caused by a medical error.

Continue reading "Anguish Of Medical Errors Affects Both Families And Caregivers" »

The United States Supreme Court is set to review the Feres Doctrine this month – an archaic legal doctrine that has protected the U.S Government from being held liable when service members are killed due to official negligence while on duty. The reach of the Feres Doctrine is great, with its protections extending to catastrophic injuries and wrongful death resulting from medical malpractice.

The case currently at the forefront – Witt v. United States of America – involves Sergeant Dean Witt who had an appendectomy at Travis Airforce Base. As the result of a series of negligent medical errors - including a nurse anesthetist intubating his esophagus rather than his trachea - Witt went into a post operative coma and subsequently died.

Due to the Feres Doctrine, which has been in place for more than 60 years, Witt’s family was unable to collect damages based on the military’s negligent actions. The Feres Doctrine is based on the premise that the government has sovereign immunity “ where injuries [including medical malpractice] arise out of or are in the course of activity incident to service.” The doctrine was been extended to prevent any serviceman – even discharged and inactive - to sue for medical malpractice or negligence in the course of treatment.

Continue reading "Military Medical Malpractice – Witt v. United States of America Challenges Feres Doctrine" »

According to watchdog group Public Citizen, the number of medical malpractice payouts and the total value of those payouts have continued to decline. In fact, for the last seven years these numbers have gone down. When adjusted for inflation these numbers reflect the lowest since 1990.

With Congress looking to push medical malpractice reforms such as H.R. 5, these statistics contradict supporters’ rationale for reform, i.e. that medical malpractice payouts are skyrocketing. In fact, the opposite is true – medical malpractice payments as the result of litigation are steadily decreasing.

As noted by David Arkush, director of Public Citizen’s Congress Watch division, these figures reflect the reality that “Health care costs have nothing to do with what’s going on in the courtroom.”

Further although medical malpractice litigation and payouts may be on the decline, medical errors are not. Studies show that medical errors continue to occur at an alarming rate.

Continue reading "Medical Malpractice Payouts Continue To Decline Nationally" »

Hawaii officials have announced a new plan aimed at providing better care for Medicaid patients. According to the Hawaii Star-Advertiser, the “medical home model” integrates primary health care, behavioral care and social services and is aimed at “improving patient safety by improving communication.”

One of the key components of the new model is the use of electronic health records aimed at reducing medical errors. By having a coordinated record-keeping system, the hope is that when a patient is transferred from one specialist or doctor to the next, communication between physicians will be improved.

Poor communication between physicians and staff as been cited as a leading cause of medical errors and medical malpractice.

Governor Abercrombie noted, “Our initial investment in and long-term commitment to implement medical homes will improve the quality of care for our people and save the state significant money in the long run.”

Continue reading "Hawaii Medicaid Plan Aimed At Improving Safety" »

The U.S. Supreme Court is currently considering whether to review a medical malpractice case involving an anesthesia error that left an Air Force Sergeant – Dean Patrick Witt - brain dead.

Although the nurse responsible for the error surrendered her license, Witt’s family was unable to bring a medical malpractice lawsuit against the Air Force because of a 60-year-old ruling, called the Feres Doctrine. The Feres Doctrine provides that medical malpractice is similar to battlefield injuries and as a result, the military is immune from civil litigation.

In Witt’s situation, a nurse anesthetist put a tube down the wrong part of the sergeant’s throat, depriving his brain of oxygen. He then died after being taken off of life support. Generally, when an anesthetist or anesthesiologist fails to properly administer anesthesia, they may be held responsible in a medical negligence lawsuit. However, because of the Feres Doctrine, the Federal court denied the Witt family’s claim. Witt’s family has petitioned the Supreme Court to review the case.

In a previous dissenting opinion, Justice Scalia wrote, “Feres was wrongfully decided and heartily deserves the widespread, almost universal criticism it has received.”

Continue reading "Supreme Court Considering Review Of Law Preventing Military Medical Malpractice Claims" »

A recent study in the April issue of Health Affairs determined that despite efforts to improve safety, medical errors and other adverse events occur in one-third of hospital admissions. This figure is as much as ten times more than previously estimated.

If you believe you have been harmed as the result of a medical error, contact an experienced medical malpractice attorney to discuss your case and evaluate your options.

Although the study found improvements in health care over the past decade, Health Affairs Editor-in-Chief Susan Dentzer concluded, “overall progress has been agonizingly slow.”

Further, even in hospitals that have instituted advanced patient safety programs, errors continue to occur, with one in three patients suffering some sort of adverse event, including serious injuries and deaths.

A contributor to the issue advocates that health organizations adopt a “collective mindfulness,” or acute awareness that “even small failures in safety protocols or processes can lead to catastrophic adverse outcomes.”

Continue reading "Hospital Errors More Common Than Thought" »

A jury has awarded a Terra Haute man $2.5M medical malpractice verdict in a failure to diagnose cancer case. This case arose after the Indiana man - Jeffery Davis - went to his doctor complaining of rectal bleeding and other gastric complaints. However, neither a colonoscopy nor sigmoidoscopy was performed.

An appropriate and timely diagnosis is critical to obtaining the proper treatment. A health care provider should be trained to diagnose a particular medical problem such as cancer – and the tests necessary to make the diagnosis. The failure to conduct the appropriate tests may be considered medical malpractice and the doctors who fail to comply with the requistite standard of care may be found financially responsible.

Here, Davis alleged negligence on the part of his doctor in 2004 for failing to diagnose his colon cancer in 2004. After moving to Arizona and seeing a doctor for the same complaints in 2006, Davis was diagnosed with Stage 4 untreatable colon cancer. The failure to diagnose cancer at the earlier date may have deprived Davis of the opportunity to receive critical treatment.

He now has a year to live.

Continue reading "$2.5M Verdict In Medical Malpractice - Failure To Diagnose Cancer Case" »

The 9th Circuit Court of Appeals has just affirmed a $7.5 million medical malpractice verdict awarded by the District Court of Guam. The court found that staff at the Anderson Air Force Base family clinic failed to recognize “alarming” neurological symptoms that led to a patient’s permanent disability.

When a physician, hospital staff or other health care professional fails to comply with the community standard of care, they may be liable for medical malpractice. One area where malpractice can occur is the failure to diagnose a condition in order to provide prompt and appropriate treatment.

Here, Deborah Rutledge the wife of an airman stationed on Guam, sought treatment for back pain, numbness and loss of sensation in her groin. She was seen by a nurse practitioner and licensed physician assistant who failed to adequately investigate her symptoms. It wasn’t until several days later when seen by a doctor, that Rutledge’s condition – Cauda Equina Syndrome - was properly identified and she was flown to Hawaii for treatment.

Continue reading "$7.5 Million Medical Malpractice Verdict Upheld Against Anderson Air Force Base" »

A recent study reveals that many medical mistakes occur because physicians are not listening to their patients. In addition to wrong-site surgeries, many errors take place simply because physicians lack good doctor-patient communication skills.

According to an elective surgery mistake study that evaluated ways to reduce errors in elective surgeries, outcomes would improve if doctors both educated their patients more about the risks of a particular surgery and listened better to their patients' needs and medical conditions.

Not all bad outcomes constitute medical malpractice, but if you have had a surgery and suffer a worse than expected outcome, ask yourself the following questions:

• Is your condition worse after the treatment?
• Are your symptoms typically associated with the medical procedure you underwent?
• Did you doctor adequately explain the symptoms before or after the treatment?

Where you are not satisfied with the answers you receive, or believe that you have been harmed as the result of a procedure, we encourage you to speak to a Hawaii medical malpractice attorney.

Continue reading "Medical Mistakes Occur Due To Poor Doctor-Patient Communication" »

H.R. 5, a bill seeking to establish national tort reforms measures, continues to be discussed at length by Congress. If passed, the bill could take away the right to trial by jury in some medical malpractice cases and place potentially unconstitutional limits on recovery of non-economic damages.

As Hawaii personal injury attorneys concerned about medical malpractice, we are opposed to Congress limiting victims’ compensation and access to the court system. If you believe you have been harmed by the negligence or recklessness of another, those responsible for your injuries should be held accountable.

Currently, the number of medical malpractice lawsuits filed is significantly less than the amount of medical negligence that occurs. In 1999, the Institute of Medicine found that up to 98,000 patients die in hospitals each year due to medical errors. This past November, the Department of Health and Human Services found that medical errors occur in the treatment of 1 out of every 7 patients, and that 44% are preventable.

Continue reading "Medical Malpractice Laws Challenged By H.R. 5 " »

Recently renewed emphasis has been placed on “tort reform” and medical malpractice reform – including efforts to impose a national cap on the amount of non-economic damages that victims of medical malpractice can recover.

As Hawaii medical malpractice attorneys, we oppose such measures as often denying those who suffer catastrophic injuries access to justice. Often those with limited economic damages, such as children and the elderly, suffer the most from these laws. Where caps exist, many times those who suffer catastrophic injuries find it too costly to bring a lawsuit.

Recently, the Hawaii Supreme Court heard oral argument on whether the state’s cap on physical pain and suffering, currently at $375,000, is constitutional. In Ray v. Kapiolani Med. Specialists, a doctor erroneously gave a girl high-dose steroid treatments, causing permanent disabilities. A Hawaii jury awarded the girl $2 million. This amount was initially reduced by the state’s cap. On appeal, the family asked to court to declare the cap unconstitutional and reinstate the jury verdict.

Continue reading "Hawaii Medical Malpractice Case Challenges Damages Cap" »

Discussions regarding medical malpractice reform have heated up in the last couple of weeks. Recently, President Obama drew criticism from patients rights groups when he referred to the need to reduce frivolous lawsuits. Those patients who have suffered catastrophic injuries resulting from medical errors, and their families, understand far too well that these lawsuits are not frivolous, but necessary to provide compensation for an often life time of suffering.

As stated in a letter written by medical malpractice victims to the President, “frivolous medical malpractice lawsuits are rare; medical errors are rampant. This language is incredibly hurtful to those of us who have been devastated by medical negligence and have sought justice in the courts.” Studies show that medical errors kill some 98,000 people in hospital each year.

In fact a leader of the American Tort Reform Association – typically opposed to victims rights - has recently stated that it is “rare or unusual” for a plaintiff’s lawyer to bring a frivolous malpractice suit because they are too expensive to bring.”

Continue reading "Medical Malpractice Lawsuits Necessary To Compensate Victims Of Medical Mistakes" »

In Washington D.C. this week, healthcare and medical malpractice reform received a lot of attention, with the House of Representatives voting to repeal the historic health care reform bill and the House Judiciary Committee beginning new discussion on medical liability reform.

Medical liability reform is often aimed at reducing the amount injured patients can recover when harmed as the result of medical malpractice. If you have been injured as the result of medical malpractice, an experienced Hawaii medical malpractice attorney can help you obtain the compensation you deserve.

Reformers often attempt to tie the cost of medical malpractice verdicts to the cost of medical liability insurance and ultimately the cost of health care. Little or not evidence exists to back-up this claim. Rather, statistics have shown that other factors play a far greater role in the cost of insurance than the cost of lawsuits. Placing restrictions on the amount those injured can recover only serves to further victimize those affected by medical errors, delays in diagnosis, and other catastrophic medical injuries.

Continue reading "Medical Malpractice Reform Talks Begin" »

Hawaii Health Systems Corporation recently announced its plans to implement an electronic health records (EHR) system by year-end in its East Hawaii Region, which covers three Big Island hospitals. Commitments to change to EHRs are expected from 121 other hospitals nationwide as a way to improve patient safety and decrease medical malpractice. In exchange for this commitment, the hospitals will be eligible for more than $7 million in federal funds.

Studies show conflicting reports concerning the benefits of EHRs on patient safety. While some tout the use of electronic records as providing more efficient and streamlined care, as well as eliminating prescription errors, other reports conclude that EHRs do not improve standard measures of hospital quality.

In fact, although EHRs may help already “technologically savvy” hospitals, where the systems are new, the incidence of medical malpractice may increase as a result of confusion with the technology, charting errors and the proper use of terminology.

Continue reading "Big Island Hospitals Implement Electronic Medical Records System To Reduce Medical Errors" »

With renewed focus on health care reform, U.S House Judiciary Committee Chairman Lamar Smith announced that he’ll be holding hearings on “the role medical malpractice reform can play in reducing health care costs.” Unfortunately, often these discussions are based on inaccurate studies and perceptions that deny those injured their day in court.

One of the myths that is often raised in medical malpractice reform discussions is “defensive medicine.” Despite a perception that doctors perform unnecessary procedures to avoid lawsuits and as a result, drive up the cost of lawsuits, little evidence exists that this practice is widespread.

Additionally if tort reform is passed limiting the amount recovered by those injured due to medical malpractice, the health care savings would be minimal. Medical malpractice caps often deny those injured fair compensation and for many, their day in court.

Continue reading "Medical Malpractice Reform May Deprive Injured Patients’ Rights" »

A recent article in the New York Times notes that the Institute of Medicine has created a “Committee on Patient Safety and Health Information Technology,” which is set to meet for the first time on Tuesday. The committee was formed pursuant an increased focus on converting hospitals to a paperless system in order to lessen the frequency of medical malpractice and reduce costs.

The New England Journal of Medicine has concluded that despite the increased awareness of medical errors, thousands of deadly mistakes occur in hospitals each year. Electronic record systems, often thought of as useful way to eliminate errors, are now attracting concerns due to problems with the records themselves, including design flaws and communication breakdowns that place patients in harms way.

These errors include patient’s data being saved in the wrong file and incorrect entries concerning drug allergies, blood pressure readings and other vital information. In fact, hundreds of voluntary reports were made of malfunctions in health information technology, which led to 44 injuries and 6 deaths in 2008 and 2009. As a result of these errors, the Institute of Medicine has brought together a group of health information experts to evaluate what can be done to assure the efficacy of software designed to improve patient safety at hospitals around the country.

Continue reading "Reducing Medical Malpractice – Will Electronic Patient Data Help?" »

Over 700 healthcare workers signed a pledge to use less radiation at last week’s Radiological Society of North America’s annual conference. At issue – radiation injuries. The ECRI Institute has compiled a list of what it considers the top ten health technology hazards and ranks radiation injuries as number one.

Radiation injuries are caused by inappropriate exposure to radiation and may be significant and devastating. Health care providers and physicians are trained to give appropriate doses of radiation. When they fail to comply with the standard of care, health care providers and physicians may be found guilty of medical malpractice and held liable for damages caused by a radiation injury.

According to the ECRI report, radiation therapy overdose and other dosing errors constitute a significant source of concern, noting “there’s been a rapid growth in the number of treatment systems and an increase in their complexity…And while dosing errors are relatively rare, they can have devastating health consequences.”

Number 4 on the list is “high radiation dose of CT scans.” The report notes, “while the increased risk of cancer from excessive CT-related radiation is tough to quantify, it clearly is a risk that health-care facilities must take steps to mitigate.”

Continue reading "Radiation Injury Ranks Number One As A Health Technology Hazard" »

Research reveals that victims of medical errors, though not less willing to file medical malpractice lawsuits, are more forgiving of doctors who own up to their mistakes.

An Illinois study revealed that of a random sample, about 40% of people had personally experienced a medical error or had a family member or friend who had been impacted by a medical error. Only 1 in 10 of those surveyed believed their doctor would tell them if an error occurred. However despite the errors, 60% of patients who thought their doctor would tell the truth about making a mistake would still recommend that same doctor to others. Only 30% of those who didn’t trust their doctors to come clean with errors would recommend their doctor.

However, the perception of honesty had little impact on a patient’s likelihood of filing a medical malpractice action. Where medical errors occur that harm a patient, they are entitled to compensation for that injury.

Researchers hope this information will be used to help develop policies regarding physician disclosure of errors.

Continue reading "Medical Malpractice Victims More Forgiving Of Doctors They Trust" »

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.

Continue reading "Medical Malpractice Crisis Overstated" »

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.

Continue reading "False Diagnosis Of Cancer May Constitute Medical Malpractice " »

A recent article in the Wall Street Journal emphasizes what attorneys and civil justice advocates have known for years – medical malpractice cases improve patient safety.

Medical malpractice often arises out of a missed or delayed diagnosis. Before a patient can receive appropriate treatment, a physician must make a timely and accurate diagnosis. However, communication breakdowns can lead to diagnostic errors, and ultimately tragic results.

According to a patient-safety researcher, mistakes in diagnoses kill 40,000-80,000 hospitalized patients each year. Diagnostic mistakes often involve cancer, with breast cancer topping the list as the most commonly missed or delayed diagnosis.

The WSJ article cites three examples of medical malpractice that have “taught” medical professional about the dangers of faulty communication and delays and incorrect diagnoses:

“A doctor assumes a patient’s recurrent cough is a respiratory infection and doesn’t order a chest X-ray, missing a deadly lung cancer. A 40-year-old woman dies of a rare blood disease after her abnormal lab test falls through the cracks. A man dies from an obstructed bowel after different doctors treating him fail to share information about his acute abdominal pain.”

The article notes that these cases and others have led medical professionals to analyze what went wrong – for example did the error occurs because of inexperience, poor communication, or carelessness? Based on this analysis health care providers evaluate how to prevent mistakes in the future.

The bottom line – if you’ve been injured as a result of a medical error – filing a lawsuit may do more than provide you the compensation you deserve – it may actually improve patient safety and prevent the same error from occurring again.

Continue reading "Malpractice Claims Help Prevent Future Mistakes" »

In one of the nation’s largest nursing home negligence settlements ever, Skilled Healthcare Group Inc. has agreed to a $50 million settlement of a class-action lawsuit. Earlier this summer, a jury had awarded the plaintiffs $670 million after finding the company liable for understaffing its nursing homes throughout California. The jury found that the staffing levels at Skilled Healthcare’s nursing homes were insufficient and illegal, endangering its residents. The class included 32,000 people, including the families of residents who died as a result of the neglect.

As our population ages, nursing home abuse cases have increased. When a patient is placed in a nursing home, it is often because the patient is unable to care for him or herself. We expect that nursing home staff and owners will take extra care to provide a safe environment that promotes health and well-being of elderly residents. When the nursing home fails to meet this standard and their actions lead to injury or wrongful death, the nursing home is guilty of nursing home abuse.

In the Skilled Healthcare matter, understaffing led to horrific instances of neglect and abuse.

Nursing home abuse is a particularly odious form of medical malpractice because the victims are often unable to speak up for themselves and accuse the abusers. Often it is only through the observation of family members or visitors who suspect something is wrong, and demand an investigation, that the wrongdoing comes to light.

Continue reading "$50 Million Settlement In Nursing Home Negligence Case" »

In a recent case discussed the American Academy of Pediatrics News, a jury awarded $2.7 million on behalf of a child after determining two separate pediatricians were negligent in treating the toddler. Following a series of mistakes, physicians determined that the child had pediatric meningitis. However, as a result of the failure to diagnose meningitis in a timely matter, the child was rendered totally deaf and required a surgical shunt to drain fluid from her brain.

Pediatric meningitis is a leading cause of childhood mortality and lifelong medical problems. It is a Central Nervous System (CNS) infection that can cause catastrophic injuries if not diagnosed and treatment properly. Health care providers are trained to recognize the symptoms and take action quickly. When a health care provider fails to do so, he or she may be liable for medical malpractice.

In the instant case, a 15-month-old girl was taken to a hospital with a fever of 104 degrees. A first pediatrician diagnosed her with a double ear infection, prescribed amoxicillin and acetaminophen, and sent her home. Three days later, the mother called and reported that her daughter was sleeping constantly, not eating, and still had a fever. A second pediatrician stopped the amoxicillin and prescribed another antibiotic. After the fever failed to subside, the mother took the child to the emergency and was given a diagnosis of fever dehydration as a result of the ear infection. The fever persisted and after visiting the ED every day for a week, doctors eventually performed a spinal tap, revealing Haemophilus influenza type b (Hib) meningitis.

By the time the spinal tap was performed, the child had suffered permanent hearing loss. Medical experts testified that had the spinal tap been performed earlier, the condition could have been successfully treated.

Although not every mistake constitutes medical negligence, when health care providers fail to comply with the requisite standard of care, they may be liable for the damages caused by their medical malpractice.

Continue reading "$2.7 Million Pediatric Meningitis Verdict " »

Several national investigations have focused attention on the alarming number of fatalities caused by preventable medical injures. In 1999, the Institute of Medicine issued a report that concluded that 98,000 patients die in hospitals due to avoidable medical errors. In 2009, Hearst Newspapers found that this number approaches 200,000 per year in the United States.

This week, the insurance industry consulting firm Milliman, Inc. put a price tag on the mistakes - issuing a report placing the cost of “measurable medical errors” at a staggering $19.5 billion.

According to the study, approximately $17 billion was the result of providing inpatient, outpatient and prescription drug services to individuals affected by medical errors. Another $1.1 billion was from lost productivity due to related short-term disability claims, and $1.4 billion lost from increased death rates among individuals who experienced medical errors.

The most common avoidable medical errors include:

• Post-operative infections
• Equipment failures
• Wrong site surgeries
• Medication errors
• Falls

As noted in the report “while this cost is staggering, it also highlights the need to reduce errors and improve quality and efficiency in American healthcare.”

Continue reading "Report Finds “Measurable Medical Errors” Cost The Economy $19.5 Billion " »