A video of a surgery could help patients by giving them practical information that they could pass on to future medical personnel or even the same surgeon. If a patient needs a second opinion, he or she could easily review the video. In one study, medical personnel focused more thoroughly on their work when they were told they were being recorded for later review.
]]> Legal experts also cautioned surgeons against videotaping procedures on the grounds that some lawyers could become overly critical of the final result and expect perfection during the process. If the recordings were kept out of court, patients would probably be denied access to them as well, which defeats their purpose. Tort reform as a part of the Affordable Care Act might have kept down the costs of lawsuits and improved overall healthcare, but medical malpractice laws were not addressed in the Affordable Care Act. Other technological possibilities include reminders for physicians to wash their hands prior to having contact with patients, which might reduce the risk of hospital-transmitted infections.If a law is passed that requires surgeries to be videotaped, medical malpractice suits and surgical errors could be reduced. However, patients sometimes need a personal injury lawyer because of medical complications during surgeries. The lawyer might help clients win fair and just compensation.
Source: The Miami Herald, "Improve healthcare, reduce lawsuits by videotaping surgical procedures", Ford Vox, May 05, 2013
]]>The Federal Agency for Healthcare Research and Quality performed a study on the effects of misdiagnosis in 2009. Their report revealed that out of the 583 diagnostic mistakes that were reported to them by doctors, 28 percent of them resulted in death, a permanent disability or life-threatening condition.
]]> A similar study performed at a Veteran's Administration hospital in Texas covered 190 medical errors. Out of these cases, 87 percent had the potential to cause severe harm or even death. Many of these cases involved the failure to diagnose such common conditions such as urinary tract infections or pneumonia.Studies from the John Hopkins School of Medicine have attempted to shed some light on misdiagnosis, which tends to happen far more in medical clinics than in hospitals. Researchers believe that the primary cause of misdiagnosis is flawed thinking among doctors, negligence and a failure to follow up on test results. Rarely does misdiagnosis happen because a patient has a rare or exotic disease.
Patients who have been misdiagnosed by their doctor could suffer needlessly and might also require surgery or advanced treatments. People in Florida who have been harmed by misdiagnoses may find it beneficial to contact medical malpractice attorneys who may explain their rights and options and recommend courses of action.
Source: The Washington Post, "Misdiagnosis is more common than drug errors or wrong-site surgery", Sandra G. Boodman, May 06, 2013
]]>For the same reason, hospital administrators and medical malpractice insurers may also be enthusiastic about automating certain procedures. Many hospitals even advertise their use of robotic surgeries, perhaps in an effort to seem high tech or on the leading edge of medical innovation. However, a recent article suggests that robotic surgeries may not always be better than their conventional counterparts.
]]> Officials from the U.S. Food and Drug Administration have been surveying robotic surgeries. Their inquiry was prompted, in part, by increased reports of problems during robotic surgeries. One device in particular, a multi-armed robot, nicknamed da Vinci and valued at over a million dollars, has been plagued with reports of errors or malfunctions.In Florida and nationwide, the number of surgeries using the da Vinci robot has been increasing. Nationwide, there were 367,000 such surgeries last year, up from 114,000 in 2008. Since last year, however, at least five of the complaints about da Vinci involved patient deaths.
Although a surgeon may not be touching a patient during a surgery, he or she is still very hands-on, often directing the surgery from a computer screen. For that reason, surgical errors involving robotic assistance may still have been affected by human error or negligence. In order to prove medical negligence, however, an injured patient may have to mount an extensive investigation, perhaps involving the assistance of experts and a medical malpractice attorney.
Source: cbsnews.com, "FDA eyes increase in freak accidents during robotic surgeries," April 9, 2013
]]>Perhaps in an effort to walk a middle line, some Florida lawmakers recently considered a proposal that would replace current medical malpractice laws with an alternative administrative process, called the Patients' Compensation System. Under that proposed system, a medical panel of experts would review injury claims. In the event the panel agreed that a patients' injury may have been avoidable, another office would determine the appropriate compensation to award, based on a compensation table.
]]> At a workshop recently administered by the Florida House Civil Justice Subcommittee, proponents of the bill explained that doctors might benefit from a process that allows them to inquire into and learn from mistakes, without the threat of lawsuits. That interaction would be markedly different from the current approach, where all communication between an injured patient and a doctor is usually only done through counsel or official channels, perhaps because doctors fear that an apology could be used as evidence against them.However, many industry leaders and lobbyists expressed opposition to the proposal. Surprisingly, the Florida Medical Association also disapproved of the bill. Apparently, the thought of a bureaucratic oversight board was more distasteful than the threat of medical malpractice litigation.
Source: Health News Florida, "'Bold' Plan Would Replace Lawsuits," Carol Gentry, April 2, 2013
]]>Certainly, no one ever said that becoming a doctor was easy. Even for those candidates that do well academically, there is still the often-dreaded internship to survive. That, in turn, can mean long hours, little pay and less than equal treatment from colleagues.
]]> Patients, in turn, might worry about receiving treatment from overworked medical interns, who might not be at their best due to fatigue. In fact, lawmakers apparently shared that safety concern, as regulations now limit the shifts of first-year medical interns to 16 hours.Yet a recent study in a medical publication found that the shift restrictions might not have produced their intended effect. The study involved more than 2,300 interns in a two-year period. Instead of reducing hospital errors, interns now seem to be making more mistakes. Researchers believe the explanation is that training hospitals are still requiring the same work from interns, but in shorter shifts.
Perhaps medical malpractice lawyers will be able to bring about the safety reforms intended by the shift regulations. When the fatigue of interns or other staff results in mistakes that cause patient injury, an attorney can bring a lawsuit to hold those staff -- as well as the hospitals they work for -- responsible for their negligence.
Source: Los Angeles Times, "Limiting hospital intern shifts may not cut errors, studies find," Monte Morin, March 25, 2013
]]>Studies show that babies born before 39 weeks are more prone to infections, feeding and breathing problems. Such deliveries can also cause developmental problems that may not manifest until years later. Due to these risks, the American College of Obstetricians and Gynecologists advises against deliveries before 39 weeks unless medically necessary, such as in the case of fetal distress or a mother suffering from high blood pressure or diabetes.
]]> Unfortunately, many early deliveries continue to be done for non-medical reasons, such as scheduling convenience. Some health advocates believe mothers may consent to early induced labor because they are unaware -- or not told -- of the additional health risks involved.Doctors have a duty of care to advise patients of any health risks associated with a procedure. That expectation certainly includes birth injuries that could have been avoided by declining an early elective birth. Doctors who fall short of that duty may be found guilty of medical negligence, if the nondisclosure resulted in patient harm.
A birth injury is always devastating to a family, even in cases where the injury was unforeseeable or due to natural causes. When the injury was caused by mistake, however, the health care professional should be held responsible. An experienced birthing complications attorney can work with experts to determine the amount of recovery to which victims of medical malpractice are entitled.
Source: Health News Florida, "Hospitals Clamp Down On Early Elective Births," Phil Galewitz, Feb. 21, 2013
]]>Perhaps it's no surprise that the same time-conscious approach applies in the context of primary care office visits. Regardless of whether doctors are billing by the hour, per visit, or by some other arrangement, there may be unreasonably high client loads imposed upon them. Patients, too, often expect that a primary care visit will take only a minimum amount of time, and may resent visits that last longer.
]]> Yet a recent study suggests that the pace of examination should not be rushed. Researchers studied the electronic records for over 200,000 patient visits to 69 different primary care health professionals in a one-year time period. When misdiagnosis occurred, researchers looked for patterns.Researchers found that 80 percent of misdiagnoses were at least partly attributable to problems in the patient encounter. In other words, simple mistakes were often to blame, such as miscommunications between patients and physicians, incorrect patient histories, or mistakes in how doctors conducted exams. The lead author of the study believes that such mistakes may be the result of time constraints, of doctors and patients alike not having enough time to thoroughly communicate with each other.
Unfortunately, misdiagnosis can lead to patient injury. When that happens, a medical malpractice attorney can help injured patients bring a civil lawsuit to obtain some compensation for their pain and suffering, as well as other damages.
Source: amednews.com, "Primary care time squeeze explains errors in diagnosis," Kevin B. O'Reilly, March 11, 2013
]]>The group recently issued a list of 90 overused procedures, adding to a list of 45 tests and treatments they released last year. Some examples from the list include prescribing medication for conditions that can be treated by less dangerous, over-the-counter remedies; unnecessary imaging scans; and repeated biopsies.
]]> The coalition's advice is timely, considering recent stories of dangerous drug interactions and side effects in patients. Yet some readers may wonder if there really is any danger to frequent imaging. A recent university study provides some context.The study found that patients who receive computed tomography scans for various abdominal and pelvic conditions often underwent a host of subsequent scans, many if not most of them unnecessary. Yet even a single imaging scan exposes a patient to a surprisingly large amount of radiation: even one CT scan might have as much radiation as 100 conventional X-rays. Overexposure to radiation, in turn, might present serious health risks, including an increased risk of cancer.
When imaging scans become routinely applied, rather than specifically prescribed, another unintended consequence may result: misdiagnosis. Far too many patients already suffer severe consequences because a health care provider negligently failed to diagnose or detect conditions in scans. Yet giving patients scans who don't need them might invite a tendency among professionals to not examine those scans very studiously. The consequences of that approach could be far reaching and lead to more claims of medical malpractice.
Source: kcautv.com, "Doc groups issue list of overused tests, therapies," Lauran Neergaard, Feb. 20, 2013
]]>According to a leading neurologist, stroke affects about 3,000 children each year. In medical terms, a stroke occurs when blood supply to the brain is interrupted. There are often warning signs, such as headache, dizziness or disorientation, and difficulty speaking. However, a child displaying such symptoms may be misdiagnosed as simply having a migraine.
]]> Among children, heart disease may cause one-third of strokes. Blood or genetic disorders, sickle cell disease, coagulation disorders and infection may account for more cases. However, up to one-third of childhood strokes occur for unknown causes.Although most children will survive a pediatric stroke, the condition is also one of the top 10 causes of childhood death. Lingering cognitive impairment is also a very real risk among survivors, affecting as many as two thirds of survivors. Such brain damage is likely when the stroke lasted for more than three minutes -- the point at which brain tissue begins to die from oxygen deprivation.
Childhood survivors of pediatric stroke may face a lifetime condition of disability. This condition, tragic in any case, becomes unforgivable if caused by a doctor's failure to diagnose the early warning signs of stroke. Survivors of such medical negligence should speak with an experienced medical malpractice attorney, who may be able to help them obtain a recovery. Such compensation will help provide for the care that childhood survivors of stroke may require.
Source: ABC News, "Pediatric Stroke Often Misdiagnosed, Treatment Delayed," Susan Donaldson James. Feb. 11, 2103
]]>Electronic health records can quickly track patients' histories and current medications. Such technology has been touted for advantages like alerting doctors to any potentially adverse medication interactions, spotting prescription or medication errors, and maintaining a more complete patient health history.
]]> However, medical records are also governed by privacy laws, such as the federal Health Insurance Portability and Accountability Act of 1996. HIPAA contains privacy regulations that require doctors and other health care professionals to follow certain procedures to ensure the confidentiality of protected health information in any written or oral form. Failure to comply with HIPAA's requirements can result in serious consequences.Yet at least one doctor thinks that holding doctors responsible for data security might take some of their focus away from their patients. The doctor may have a point: Federal regulations are not necessarily reputed to make the easiest reading.
Although the way hospitals and clinics handle patient records may be evolving, the professional level of care that patients are entitled to receive remains constant. Patients have a right to hold their health care professionals accountable for any negligence in their treatment. When malpractice or negligence results in injuries, patients should consult with an experienced medical malpractice attorney. An attorney can review a patient's medical record and assess whether negligence may have been at play. If malpractice was at play, an attorney will be essential in preparing the evidence needed for trial.
Source: Forbes, "New Privacy Rules May Distract Doctors From Patient Care," Peter Lipson, Feb. 11, 2013
]]>Causes of hypoxia include issues involving the umbilical cord, uterus ruptures, too much force applied to extract the child from the birth canal and a delayed c-section. Other causes include intrauterine infections, breech births or a premature birth. Throughout a woman's pregnancy medical staff members are responsible for monitoring both the child and the mother's conditions, this is especially important during the labor and delivery process.
]]> It is incredibly important that doctors and nurses assisting in the delivery of a child closely monitor both patients and be on the lookout for potential complications. When complications do arise during pregnancy and delivery an immediate and appropriate response can and will make a world of difference in the both the child and the mother's future health. If a child suffers brain damage at birth it is not always immediately apparent following the birth unless there is discoloration in the child's skin at the time of birth.Seizures in the child the first few days following his or her birth may be another sign the child has suffered brain damage. Other signs of a brain injury may include difficulty feeding the infant or waking the child from sleep. Cerebral palsy is one form of brain damage that results from hypoxia and is unfortunately permanent. Cerebral palsy symptoms do not generally become obvious until the child is 3-to 4-years-old.
Cerebral palsy can also be attributed to seizures, stiff muscles, limiting a child's range of motion and poor muscle coordination. It is a condition that affects the child as well as his or her family for the rest of their lives and in many cases is entirely preventable. Medical negligence or outright malpractice can cause an unborn child to suffer from hypoxia resulting in any number of birth injuries. Parents whose children are the victims of medical negligence or malpractice have the right to hold the medical staff and the facility responsible for any birth injuries that result from their negligence.
Source: Injury Lawyer News, "Hypoxia a Cause of Cerebral Palsy," Elise Kramer, Feb. 11, 2013
]]>Brain injuries are one type of birth injury that can result from negligence or medical mistake. Doctors previously believed that certain brain damage sustained by premature babies during birth injuries was permanent. Many premature babies with a type of birth injury seemed predestined to develop behavioral disorders and have cognition problems.
]]> However, a new study indicates that brain injuries in premature babies may be able to be reversed or prevented altogether. The research suggests that in many pre-term brain injuries, neuronal cells necessary for cognitive development were not killed, as previously thought, but simply did not develop in the normal fashion.While not all premature births and associated brain injuries can be prevented, Florida maternity patients have a right to expect a professional level of care.
If you were injured by negligent hospital staff or nurse errors, an attorney can determine whether there is adequate evidence to hold the hospital accountable and recover compensation for your medical expenses, lost wages, pain and suffering and other damages. Any deviation from professional levels of care -- by even one member in a health care team -- may constitute negligence in the eyes of a jury. With the help of an experienced medical malpractice lawyer, you can prepare compelling evidence to prevail at trial.
Source: Health Hub, "Pre-term brain injuries could be reversed," Jan. 18, 2013
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