Wednesday, March 18, 2009

Other Medical Malpractice

Medical errors leading to injury occur in a variety of circumstances. Each situation is unique and must be thoroughly evaluated. Some of the more common areas are: post surgical infections, nursing negligence, improper drug prescriptions, misdiagnosis, radiology failures, and failure to refer to a specialist.
Misdiagnosis
Any injury or condition can be misdiagnosed, however, in order to present a valid claim the patient must be able to establish the error caused an injury. Often we see this with failure to diagnose cancer. A delay in treating any cancer can greatly affect the likelihood of recovery and long term survival. Some cancers are more aggressive and faster growing, in those cases a delay of only a few months can have a significant impact. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates. In legal terms this is often referred to an increased risk of harm.
In other cases their may be an error that does not effect the prognosis. For example, if a doctor/radiologist failed to recognize a fracture that may be a mistake. But if it is properly diagnosed 2 weeks later, and no additional harm was caused then there is no basis for a claim.
Prescription Errors
If your doctor prescribes the wrong medicine your body can have an intense adverse reaction. Sometime a doctor will fail to consider what other medication a patient is taking. If certain drugs are taken in combination they can cause severe damage, and even death. Or the medication may be contraindicated, that is the drug will have the opposite affect from that desired, and make the condition worse.
Nursing Negligence
Nurses play a vital role in the patient’s health care, particularly in hospitals. The nurse is often responsible for carrying out the doctor’s orders and marking the chart. If the nurse fails to follow the doctors instructions this can obviously harm the patient. In addition, if the nurse does not make appropriate notes on the chart this can also be a basis for malpractice.
Post Surgical Infections
It is not necessarily negligent to contract an infection during surgery. However, medical negligence occurs when the doctor fails to make a timely diagnosis of an infectious process and intervene before severe damage is done. Chest and abdominal infections are particularly worrisome. They require careful monitoring of the signs and symptoms of infection such as temperature, white blood cell count, presence of pus, and other factors. If these signs and symptoms are present and are not aggressively worked up, the infection can spread and can lead to a permanent disability and even death.
Our firm handles a variety of medical malpractice claims, which cannot all be discussed in this web site. If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Hospital Infections

Infections contracted in hospitals are the fourth largest killer in the United States, causing many deaths. One out of every twenty hospital patients gets an infection. That's two million Americans a year and over one hundred thousand of them die. Many hospital infections are preventable. Improvements in intravenous catheter use, compliance with pre-surgical best practices, and better hygiene can significantly reduce the risk of infection.
Infections can cause a significant medical condition, or even a relatively minor one, to become much more severe, and even result in death. Thus, when a patient contracts an infection in the hospital it is necessary to examine the reason for the hospital stay, the risk of contracting an infection for that type of patient, and the steps taken by the hospital to reduce exposure to infectious agents. Infection cases must be thoroughly investigated to determine whether the hospital had a plan, whether healthcare providers in the hospital followed the plan, whether physicians were properly monitoring the use and administration of antibiotics, whether sterilization procedures were properly followed, and whether some other explanation exists. There can be times when the hospital is not negligent for the patient developing an infection, however they can be at fault for not quickly diagnosing and treating the infection.
To prove that malpractice caused or contributed to a hospital infection you must establish that the hospital did not have a proper infection control plan or they failed to follow the plan they adopted. Further, the error must have been one that a reasonable hospital would not have committed and which caused the injury to the patient.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Stroke Misdiagnosis

Stroke Misdiagnosis
When a blood vessel in the brain bursts this causes blood to spill into the spaces surrounding brain cells causing a stroke. Also a stroke can occur when the blood supply to part of the brain is interrupted. This in turn causes brain cells die due to lack of oxygen and nutrients from the blood. Symptoms of a stroke include sudden numbness or weakness, especially on one side of the body; confusion or trouble speaking or understanding speech; sudden trouble seeing in one or both eyes; sudden trouble with walking, dizziness, or loss of balance or coordination; or sudden severe headache with no known cause. There are two types of stroke: ischemic - blockage of a blood vessel supplying the brain, and hemorrhagic - bleeding into or around the brain.
When considering a malpractice claim there are a couple of factors that have to be evaluated. First, the question is, could the stroke have been prevented. Second, was the stroke properly and promptly diagnosed. Getting prompt treatment is critical decreasing any long standing adverse effects from a stroke. Treatment to prevent a stroke are based on treating an individual's underlying risk factors for stroke, such as hypertension, diabetes, atrial fibrillation and prior strokes. Acute stroke therapies try to stop a stroke while it is happening by quickly dissolving the blood clot causing an ischemic stroke or by stopping the bleeding of a hemorrhagic stroke. If a doctor or hospital staff fails to recognize the signs of a stroke and does not take immediate action, significant injury can occur, which could have been prevented.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Medication Errors

Serious medication errors occur over One Million times each year and large percentage are life threatening. Giving the incorrect medication, wrong dosage or improperly combining medication can cause adverse reactions with fatal results. Often the doctor may have incomplete patient information such as not knowing about patients' allergies, other medicines they are taking, previous diagnoses, and lab results.
Common Medication Mistakes
Preventable errors occur because systems for safely prescribing and ordering medication are not appropriately used.
A widely recognized cause of error is illegible handwritten prescriptions.
Errors may result from insufficient or missing information about co-prescribed medications, past dose-response relationships, laboratory values and allergic sensitivities.
Errors in prescribing can occur when an incorrect drug or dose is selected, or when a regimen is too complex.
When prescriptions are transmitted orally, sound-alike names may cause error.
Similarly, drugs with similar-looking names can be incorrectly dispensed when prescriptions are handwritten.
Physician sampling of medications can contribute to medication errors due to the lack of both adequate documentation and drug utilization review.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Surgical Errors

Surgical injuries are relatively common. Usually, one of the risks of surgery presented to a patient is surgical injury to some of the surrounding anatomical structures. The knife can slip, even under the most careful hands. Cases of surgical negligence become viable medical malpractice cases when the surgical injury is either not appreciated or worse, ignored.
If a surgeon cuts the wrong structure and fails to diagnose it that is often negligence. If a surgeon cuts a structure without properly identifying it causing harm, that can be negligence as well. On the other hand, if a surgeon cuts the wrong structure during surgery, immediately recognizes and does everything he can to repair it that will present a much more difficult case of negligence to prove.
Many times the surgical error is apparent in the dictated operative note. The records must be carefully examined in order to determine whether there was a deviation from the standard of care causing injury.
Common causes of surgical injuries include:
Wrong-site surgery - operating in the wrong area of the body.
Wrong surgical procedure. This can include removing the wrong part of the body, such as limbs, organs, and tissue.
Surgical instrument left in the body - retractors, sponges, and surgical towels can all be left in the body.
Surgery unrelated to the patient's diagnosis.
Wrong patient surgery.
Damage from a planned surgery - this can occur when damage is not a risk that was explained to the patient before undergoing surgery.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Misdiagnosis of Cancer

In today's world of mammograms, colonoscopies, MRIs, and blood tests, it still occurs that cancers are missed, and opportunities for early treatment are lost. When a delay in diagnoses occurs, the patient's prognosis or treatment is often dramatically affected, and there is actionable malpractice. Not every delay in diagnosis or misdiagnosis however results in actionable legal damage, but when it does, our lawyers have handled many misdiagnoses of cancer cases over the years and are prepared to assist you in the pursuit of the matter.
Failure to Diagnose Breast Cancer
Breast cancer is one of the most common forms cancer, however if diagnosed and treated in the early stages, the prognoses can be very good. Unfortunately, there are many times when proper diagnosis is not made. Some of the common errors failing to diagnose breast cancer are:
Inappropriate follow up when a mass or other symptom is reported by patient.
Improper reading of the mammogram.
Failure to order a biopsy when a mass is detected.
A delay in treating breast cancer can greatly affect the likelihood of recovery and long term survival. Depending on the stage of cancer and other factors a few months delay can have significant ramification. When breast cancer goes undetected by a physician the cancer is given the opportunity to advance to a more serious stage. This failure to diagnose breast cancer (as with all cancers) increases the risk of harm to the patient. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates.
Some of the most common signs and symptoms of breast cancer are:
A suspicious mass
Nipple discharge
A painful breast
A reddened breast
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Colon Cancer
Colon and rectal cancers are the second most prevalent cancer after lung cancer among men, and the third most prevalent cancer after breast cancer and lung cancer in women. Most colorectal cancers grow slowly over a period of several years, often beginning as small benign growths called polyps. Removing these polyps early, before they become malignant, is an effective means of preventing colorectal cancer.
Colon cancers are usually detected by a test called a colonoscopy where a long flexible tube with a tiny camera lens at the end is inserted into the rectum and followed through the colon to the end at the cecum. If any abnormality is detected, a small piece of bowel lining is cut out and examined under a microscope to see if it is pre-cancer or cancer. Some common symptoms of colon cancer are:
Rectal bleeding
Change in bowel habits
Abdominal discomfort
Unexplained anemia
While these symptoms can have many causes besides cancer your doctor should consider a colonoscopy under many circumstances. If it the cancer is detected early there is a very good chance for recovery. However, the longer the delay in diagnosis the greater the risk of mastitis and the poorer the prognosis.
Malpractice may be committed if your doctor fails to perform a thorough exam or does not inform the patient of the significance of certain symptoms such as rectal bleeding. For, example if the doctor determines your bleeding is result of hemorrhoids, but the bleeding persists after treatment, then a colonoscopy should be prescribed to rule out cancer. In other cases, a patient may never be informed that a symptom could be an indicator of cancer and they leave the doctor's office with a false sense of well-being.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Cervical Cancer
Pap smears are typically the most effective way to screen for cervical cancer . Pre-invasive lesions of the cervix can be detected through this test and provide an early opportunity for treatment. The American Cancer Society recommends that a Pap smear be obtained every 3 years after 2 negative Pap smears were obtained at yearly intervals. Many gynecologists recommend yearly Pap smears. Pap smears are read by laboratories, and it is important to examine old Pap smears to find out of they were properly read by the evaluator. Obviously, appropriate physical examination is also an important part of the cancer screening process.
The Pap smear test
The Pap smear is a microscopic examination of cells sampled from the uterine cervix surface and sometimes the vaginal wall, which is performed to detect precancerous change and cancer. The cervix is the lower part of the uterus that opens into the vagina. The Pap test can tell if you have an infection, abnormal (unhealthy) cells, or cancer. After the sample is taken, it is prepared for microscopic evaluation in the laboratory. Analysis of the cells is extremely helpful in diagnosing cancer at an early stage. This process is referred to as a cytological examination. Cytology is the study of the structure, function, behavior, growth, and reproduction of cells and cell components. Examining the cervical tissue at the microscopic level provides a great opportunity for early treatment.
Testing Errors
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories and other medical personnel who, through inappropriate or deficient care, fail to properly administer the PAP smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
In many cases the pap smears are read inaccurately. Thereafter, symptoms develop including irregular bleeding and unusual vaginal discharge, and cancer is then diagnosed. However, by the time these symptoms appear the cancer may develop or progress to a latter stage. This makes the treatment more invasive and decreases the likelihood of recovery.
At The Skolnick Law Firm, LLC we retain the appropriate experts to review the testing procedures. In particular, the slides are reviewed, which often reveals there were pre-cancerous or cancerous cells on the slides previously determined to be normal.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice

Birth And Brain Injuries

Medical Malpractice is a frequent cause of traumatic injuries during birth. At The Skolnick Law Firm, LLC our team of lawyers and expert medical consultants pride themselves on helping families uncover whether medical errors were responsible for these devastating injuries. Cerebral palsy and other birth injuries can occur during the delivery process or by improper prenatal care. If a doctor or nurse fails recognize fetal distress or responds too slowly your child could suffer a life long disability. We are experienced in handling and understanding these complex medical issues.
Common Delivery Errors Include:
Failure to monitor fetal strips
Misread fetal strips
Improper use of forceps or vacuum
Failure to perform caesarean section
Was there malpractice?
Certainly there are instance where child's condition is the result of genetics, such as a chromosomal disorder, however far too often these life altering conditions are the result of malpractice. For example, significant injuries can occur when the doctor or nurse fails to read (or inaccurately reads) the fetal monitory strips. If the strips indicate fetal distress then the doctor must act immediately, otherwise the fetus could be deprived of its vital oxygen supply. As result this delay the baby can sustain brain damage that could have been avoided. In other cases, the misuse of forceps or vacuum during delivery can cause traumatic brain injury. The newborn’s skull is still very soft and if too much pressure is applied there can be a direct trauma to the brain.
Cerebral palsy , Erb’s Palsy, and Brachial Plexus Palsy are some the common results from birth injuries. While physical or speech therapy can help improve a child’s development, the impact of cerebral palsy and other birth injuries are typically permanent.
How the injury occurs
The brain is the primary center for regulating and coordinating all body activities. Essential to the regulation and coordination of these body activities is the transmission to the brain of oxygen obtained through air inhaled and exhaled during the act of respiration. Traumatic birth injuries are a broad description which is used to describe both avoidable and unavoidable mechanical and anoxic trauma to the brain of an infant during labor and delivery.
Anoxic trauma involves a situation in which there is diminished oxygen in the arterial blood supply despite the infant's otherwise-normal ability to carry oxygen. The diminished oxygen in the blood supply may be due to a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements. This can result in serious conditions, including cerebral palsy.
Mechanical trauma involves some physical act to the body, usually the skull of the infant, which prevents the needed transmission of oxygen to the brain of the infant.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice