Patient Safety in the News December 2013

Medical Care In The News

The BBC published yet another article discussing the fact that medical standards of care suffer on the weekends. New plans to improve care for patients over the weekend were enacted by the government, after a study demonstrated that people inn England were 16% more likely to die if they were admitted to a hospital on a Sunday, rather than during the week. Apparently, poorer outcomes on the weekend were related to the fact that historically, medical care at England hospitals was being provided by junior doctors in training. This problem is not exclusive to England, a study in the Journal of the American Medical Association in 2008 concluded that survival rates for people suffering heart attacks were lower for people admitted to the hospital in America on nights and weekends. This article from Forbes discussed how Kaiser Permanente has successfully dealt with this problem by scheduling diagnostic testing for some patients on the weekends so that weekend emergency patients can benefit from having qualified staff members in the hospital if the need arises.

Here is an article from the New York Times discussing a study from the Annals of Surgery which concluded that patient safety measures implemented in the last six years restricting the amount of hours residents can work have negatively impacted the skills of new surgeons.

Here is an article in the New York Times that discusses and provides links to websites that evaluate the safety records of hospitals.

Here is an article in the New York Times that discusses the disparity in breast cancer survival rates between white and black women in the United States. The article points out that black women have not benefitted as well from early detection and treatment initiatives because many lack insurance and often only report to physicians when their cancer is at a later stage.

Drug Safety in the News.

Here is an article from NPR on the subject of how drug companies influence the way physicians practice medicine. It raises questions about the fact that the new guidelines issued by the American Heart Association and the American College of Cardiology will lead to doubling the number of patients taking cholesterol lowering drugs and that many of the experts who worked on the guidelines have ties to the pharmaceutical industry.  This article from BMJ addresses the same topic, pointing out the New Guidelines are controversial.

Here is an article in the New York Times exposing how the pharmaceutical industry’s marketing of ADD drugs has led to almost 3 million more children actively taking medication for this disorder over the last 13 years.  The article describes how the rise in ADD diagnoses coincided with a two decade campaign by pharmaceutical companies to promote the use of their drugs, which included marketing efforts directed not just at adults, but also children.

Here is an article from NPR that points out that the number of children taking antipsychotic drugs has tripled over the last 15 because doctors are prescribing these medications for reasons that are not approved by the FDA. This is going on despite the fact that there is “minimal evidence that the drugs help kids for approved uses, much less unapproved ones…” Once again, overuse of drugs in these cases has been ascribed in part to “overly aggressive drug marketing.

Here is an article published in Vanity Fair that discusses the NuvaRing, a contraceptive manufactured by Merck which carries with it an increased risk of blood clots and has resulted in roughly 3,500 lawsuits to date, but is still on the market.

Here is an article in the New York Times discussing a study in BMJ that determined that exercise worked as good as medication at decreasing the risk posed by heart disease, heart failure, stroke and diabetes.

Here is an article from NPR that points to recent studies that demonstrate that taking multivitamins does not promote health.

Questions and Answers for October 2013

Here are answers to the questions that were submitted to me online for the month of October 2013.

In-Hospital Falls

Many patients who are admitted to a hospital are a fall risk because of an injury, illness or because of medication they must take. Accepted standards of care require hospitals to assess each patient on admission and implement fall prevention measures to prevent injuries to patients. This article discusses published accepted standards of care in place to avoid falls in hospitals.

I initially published this article with my associate, Robert Sanfilippo, in Medical Malpractice Law and Strategy on November 1, 2013

$1,060,000 Settlement on Behalf of 72 Year Old Livingston, New Jersey, Resident Who Lost Vision as a Result of a Stroke Occurring During Surgery.

On September 30, 2013, after a week of trial, I settled the remaining claims on behalf of my client, a resident of Livingston New Jersey who lost vision as a result of a stroke that occurred during prostate cancer surgery.

Questions and Answers Submitted During August and September 2013

Here are the latest questions and answers that were submitted to me online during August and September 2013:

Try to have your heart attacks and strokes during normal business hours...

Here is an interesting article that explains how profit motive and healthcare culture make it more dangerous to go into the hospital during evenings and on weekends.  Click here

Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations

Pressure sores, also known as pressure ulcers and bed sores, develop in the elderly and infirm when range of motion is restricted and limited. Pressure sores can be devastating injuries, and are frequently the subject of litigation against nursing homes and hospitals. In most circumstances, a well developed plan of care can avoid these complications. This article discusses when pressure sores are deemed preventable under Federal Regulations.

This article was published in Medical Malpractice Law and Strategy  in September 2013.

Here Are Your Latest Questions and Answers From July 2013

I answered the questions below, which were submitted to me online throughout the month of July 2013.

John Ratkowitz Invited to Lecture at the New Jersey Association of Justice’s 2013 Meadowlands Seminars.

On November 15, 2013, John Ratkowitz will be lecturing at the New Jersey Association of Justice’s 2013 Meadowlands Seminar. John has been asked to speak about how to prove damages during a civil trial, and the subject of his lecture is “Proving Pain, Suffering and Loss of Enjoyment of Life at Trial: A Synopsis of the Pertinent Case Law.”

The New Jersey Association for Justice (NJAJ) is a fifty-seven-year-old specialty bar association with over 2,400 members. The Meadowlands Seminar is a series of continuing education lectures provided to members of the New Jersey Bar focusing on trial law and strategy. 

John Ratkowitz to Publish Article “The Standard of Care in Commercial Construction Site Safety Management” in the September 16, 2013 edition of the New Jersey Law Journal.

On September 16, 2013, John Ratkowitz will publish “The Standard of Care in Commercial Construction Site Safety Management” in the New Jersey Law Journal. 

OSHA is widely cited by safety experts in cases involving accidents on commercial construction sites. Nevertheless, OSHA regulations paint with a wide brush when it comes to requirements relative to proactively managing safety on a day-to-day basis.  This article discusses and summarizes the published standards beyond OSHA that deal with the safety policies and procedures that must be in place on commercial construction sites, including standards which require: (a) the review of a subcontractor’s safety history before hiring,  (b) the incorporation of safety requirements into work related contracts, (c)  comprehensive written health and safety plans and site specific safety developed by general contractors, (d) site specific safety plans developed by subcontractors, (e) a written description of the specific safety responsibilities of the general contractor’s management team and certain designated workers of subcontractors, (e) site safety inspections and reports, (f) safety training and orientation, and (g) steps that must be followed in accident investigations.  

Attorneys who have a working knowledge of these published standards will be in a better position to obtain relevant documents in discovery, buttress the opinions of their liability experts and effectively depose and cross examine experts hired by their adversaries. 

John Ratkowitz to Publish Article “Avoidable v. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations,” in the September 2013 Edition of Medical Malpractice Law and Strategy.

On September 1, 2013, John Ratkowitz will publish “Avoidable v. Unavoidable Pressure Sores: A Summary of the Federal Regulations, ” in the monthly journal Medical Malpractice Law and Strategy.

Attorneys who represent elderly clients who develop pressure sores in nursing homes must be able to distinguish between avoidable and unavoidable pressure ulcers when screening cases and representing clients. This article outlines and discusses the federal regulations and advisory opinions that deal with this subject.

John sits on the Board of Editors of Medical Malpractice Law and Strategy, which is a national publication.    

John Ratkowitz Recruited by the New Jersey Association For Justice to Write Two Amicus Curiae Briefs in Cases Pending Before the New Jersey Supreme Court.

In July and August 2013, John Ratkowitz wrote and submitted amicus curiae briefs on behalf of the New Jersey Association of Justice in two cases pending before the Supreme Court of New Jersey, Badiali v. New Jersey Manufacturers Insurance Group, and Wadeer v. New Jersey Manufacturers Insurance Group. In both of these cases, the New Jersey Association of Justice is asking the Court to define the procedural and substantive nature of a cause of action against an insurance carrier who engages in first-party bad faith. First-party bad faith cases are lawsuits brought against insurance companies alleging that a carrier wrongfully denied a claim or failed to timely pay benefits to a policy holder submitting a claim to his own insurance company under a policy that he paid the premiums for. These kinds of claims include property damage claims submitted under home-owners insurance companies, and Underinsured/Uninsured Motorist Claims in automobile accident cases.

In 2008, John Ratkowitz was scheduled to argue a similar case before the Supreme Court in Taddei v. State Farm, but the carrier elected to settle that case just before the Court entertained oral argument on the appeal.

The New Jersey Association for Justice was founded in the late 1940s and is a statewide association of almost 2,400 trial attorneys in private practice. NJAJ is dedicated to protecting New Jersey's families by working to preserve and strengthen the laws for safer products and workplaces, a cleaner environment and quality health care. 

Latest Questions and Answers From June 2013

I answered the questions below, which were submitted to be online during the month of June 2013.

Here are some of the medical malpractice questions people submitted to me online throughout the months of April and May 2013.

I answered the questions below, which were submitted to me during the months of April and May 2013.

Here are some of the medical malpractice questions people submitted to me online throughout the months of April and May 2013.

Medical Malpractice - Dental Malpractice

Question:

Went to dentist for tooth ache was told I have and abcess and it need drained returned four times every appointment the pain got worst until I couldn't take it my face swallowed on that side with lead my to emergency room they referred my to and oral surgery who told me there's no way to save this tooth and pulled it out the swelling and pain was gone within two days where the first dentist has me suffer with this pain saying he can save this tooth for 12 days, 4 different appointment!

Answer:

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Hip Revision Surgery.

Question:

I had to get a revision for my hip due to metal on metal. I got a lawyer for that. A month later at the end of January my hip popped out 4 times in a week. i was left in the room for hours at a time cause i had no way to get someone to call for me. after my 2nd revision my other doctor told me he put in the wrong size after he asked me to go and get the correct size and all from my past surgery. Dr also told me that my ligaments and all are getting weaker due to the pop outs and it will take me longer to heal going to take me longer due to me being diabetic. well after he fixed it. he did not put me on much pain meds after the operation and a dr i knew came by and he said you must be in allot of pain cause you are not getting much. so he raised it. i spent a few hours before he came in so much pain. This dr has been sued before cause he did not show up for the operation and he was waiting in the waiting room. my lawyer told me that. he also told me since i was not making any i had no case.

Answer:

I am having a hard time following you description of what happened, but it sounds like you are questioning whether you have a cause of action who performed the first revision surgery, and perhaps whether you have a cause of action against the doctor who performed the second revision for failing to provide you with adequate pain medication. 

I doubt a case against the doctor who performed the second revision is viable. You may have a case against the doctor who performed the first revision. You would not expect the hip to pop out of joint one month after the surgery and the second doctor has advised you that the first doctor chose the wrong sized implant.

I think there will be a question about whether the case is financially viable if the second revision cured the deficiencies of the first. You have indicated that you will have to undergo a prolonged healing process, but for the case to be financially viable you will have to prove that you are left with permanent injuries that are having a significant impact on your life.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Tubal Ligation.

Question:

I GOT MY TUBES CUT & BURNED SO I COULDN’T HAVE FUTURE PREGNANCIES...I DO NOT WANT ANY MORE KIDS. I WENT TO THE ER FOR ABDOMINAL PAIN ONLY TO FIND OUT NOT ONLY AM I PREGNANT BUT I HAVE A CYST ON MY OVARY. ONLY THING TOLD TO ME WAS THAT MY PREGNANCY TEST CAME BACK POSITIVE NOT THAT I HAVE A CYST....I FOUND THAT OUT THRU THE DR’s FINAL REPORT THAT WAS HANDED TO ME PROBABLY BY MISTAKE.

Answer:

Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies.

To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – excessive bleeding following removal of polyp.

Question:

In January 2013 (first week) I went for a routine colonoscopy. A small polyp was removed. The doctor did not think it was serious and did not worn me that there could be bleeding complications. Two days later, within an hour and half I lost half of the amount of blood in my body. I went to the emergency room and was quickly processed because my vitals were critical. I spent a week in the hospital, and the only thing done was an IV and no food for a few days, bed rest and observation. After, my stay in the hospital a became extremely anemic. I had to rest in bed and catch my breath for an hour after taking a shower and had to break frequently to rest because of exhaustion. My hemoglobin count is up; but by Iron levels are very low even though I have had four iron IV treatments. I am in a lot of muscular pain -- don't know if low iron is causing it. It is now April 2013 and I am better, but still get very tired and need to rest frequently. I might still have bleeding issues.

Answer:

Obviously the issue of whether you are still having bleeding issues is a medical one and you need to get an answer to that question immediately. The outcome of the resolution of that question will impact whether you have a viable malpractice case, because if your failure to bounce back is related to an ongoing problem, but that is correctable, then you probably do not have a financially viable case.

Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Buy getting a second opinion and determining why you are still having issues, you will get to the bottom of what is going on medically, and this should give you a better understanding of whether you should be consulting a lawyer about a malpractice case. Then,

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Infection Following Hip Surgery

Question:

Father-in-law had hip surgery. The hip became infected. Surgeon removed hip and put in a antibiotic spacer. He came down with pneumonia and passed away with congested heart failure. Death certificate states cause of death as congested heart failure, pneumonia, and infection.

Answer:

It is hard to answer your question without knowing more facts, but if your father-in-law had hip replacement surgery, he probably should have received prophylactic antibiotics. If he did not, you may very well have a malpractice case. Click here for information about the need for prophylactic antibiotics in joint replacement surgery. 

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Surgical Error During Gastric Bypass Surgery

Question:

HAD GASTRIC BYPASS AND HERNIA REPAIR IN 12/2007 WAS IN AND OUT OF ER AND THEN HAD TO HAVE 2 STOMACH SCOPES TO DETERMINE CAUSE THEN WAS HOSPITALIZED FOR 3DAYS. DETERMINED THAT CAUSE WAS STOMACH WAS CLOSING OFF. THEN HAD PROBLEMS AND IN 01/2011 SURGEON DID ANOTHER HERNIA REPAIR. WENT BACK ON APRIL19,2012 FOR EX-LAP SURGERY WAS STILL HAVING PROBS. HEDETERMINED THAT SUTURES DIDNT STAY IN FROM LAST SURGERY. HE RE-DID SURGERY. 3 DAYS LATER WAS STILL ILL. CALLED HIM AND HE STATED WAS PROB POST-OP INFECTION AND GAVE ME ANTIBIOTICS WHICH MADE ME SICKER. ON MAY 8TH, 2012 HE DID ANOTHER EX-LAP AND DETERMINED THAT SUTURES BLEW OUT FROM THE VOMITING AND THAT HE WOULD END UP HAVING TO RE-DO BYPASS BECAUSE THERE WAS A PROBLEM WITH THE WAY IT WAS DONE. FOUND ANOTHER SURGEON AND HE WENT IN AND RE-DID BYPASS AND ALL HERNIA SURGERIES ON 06/14/2012.....TO THIS DAY STILL HAVE DIGESTIVE ISSUES.

Answer:

Gastric bypass cases are very difficult because these procedures are always fraught with complications, many of which can happen in the absence of any negligence. I have screened several of these cases but never prosecuted one. To know whether you have a case, an attorney will have to carefully go through all of the pertinent medical records.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Hip Surgery

Question:

I had to get a revision for my hip due to metal on metal. I got a lawyer for that.  a month later at the end of January my hip popped out 4 times in a week. i was left in the room for hours at a time cause i had no way to get someone to call for me. after my 2nd revision my other dr. told me he put in the wrong size after he asked me to go and get the correct size and all from my past operation. Dr. also told me that my ligaments and all are getting weaker due to the pop outs and it will take me longer to heal going to take me longer due to me being diabetic. well after he fixed it. he did not put me on much pain meds after the operation and a dr. i knew came by and he said you must be in allot of pain cause you are not getting much. so he raised it. i spent a few hours before he came in so much pain. This dr. has been sued before cause he did not show up for the operation and he was waiting in the waiting room. my lawyer told me that. he also told me since i was not making any i had no case.

Answer:

I am having a hard time following you description of what happened, but it sounds like you are questioning whether you have a cause of action who performed the first revision surgery, and perhaps whether you have a cause of action against the doctor who performed the second revision for failing to provide you with adequate pain medication.

I doubt a case against the doctor who performed the second revision is viable. You may have a case against the doctor who performed the first revision. You would not expect the hip to pop out of joint one month after the surgery and the second doctor has advised you that the first doctor chose the wrong sized implant.

I think there will be a question about whether the case is financially viable if the second revision cured the deficiencies of the first.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Nerve Damage From Post-Op Casting.

Question:

I now have RSD after surgery on my left foot. Also I believe I have nerve compression, from the cast.

Answer:

Compression of the peroneal nerve is a well-known risk of casting the leg because it sits very close to the skin. It is entirely avoidable because doctor's can use splints or knee braces to avoid this problem. Here is a link to a case that I litigated involving similar allegations.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Congenital Diaphragmatic Hernia

Question:

In January I gave birth to a baby girl. She passed away 4 hours later from a condition called Congenital Diaphragmatic Hernia. Her case was severe, most of her organs were in her chest cavity and her liver was the size of a fist. I had multiple ultrasounds during my pregnancies, at least 6, because I'm a type 1 diabetic. This condition is usually diagnosed during pregnancy and I'm wondering how this wasn't seen? Seeing as it was such a severe case, her organs were in the wrong area, and her liver was so huge. I kept being told she looked "perfect" I even elected to have my tubes tied and while they were tying my tubes they called my husband back to tell him something was wrong with our daughter. Now I can't have children again unless I try a tubal reversal, Not to mention that there is a surgery that can be done while pregnant that might have saved my daughter’s life. My pre-e wasn't diagnosed until after either even when i complained of bad swelling. Is this something I should pursue?

Answer:

Congenital diaphragmatic hernias (CDHs) are typically discovered by routine ultrasound at 16 to 18 weeks gestation. After they are discovered, the baby is monitored and usually the problem is repaired surgically after the baby is born. Sometimes, therapy can be undertaken prior to that point in time in severe situations. The survival rate of babies born with this condition has been reported to the around 70%.

It certainly sounds like you have reason to suspect that you received negligent obstetric care. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Nerve Damage Following Hip Replacement Surgery

Question:

Sciatic nerve damage after hip replacement surgery.  Do I have the right to be compensated?

Answer:

These cases are very difficult and while I have reviewed several I have never litigated any. The reason is that sciatic nerve damage can happen in the course of hip surgery in the absence of negligence. After a patient is sewn up, it is difficult (but not impossible) to pinpoint the source of the injury.

To tell you whether you have a case, an attorney would have to look at the records. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Nasal Surgery

Question:

When I had my last nose surgery my current Doctor, not the Doctor that did the surgery, that examined me said that I have a damaged nose. More Details: He stated that the only treatment he can give me to correct my damaged nose is surgery. He cannot recommend anything else but surgery to correct what has been done from a previous surgery 3 years ago.

Answer:

It sounds like you have reason to suspect that you received negligent care by the physician who performed the first surgery. Nevertheless, if the damage can be corrected in a second surgery, the question you will have to face is whether the case is financially viable. Some of the articles below discuss this issue. 

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Perform Pregnancy Test Prior to Depo Provera

Question:

MY DR GAVE ME DEPO VERA AFTER HE DID A PELVIC EXAM AND ANNUAL PAP SMEAR. HE FAILED TO SEE I WAS OVER 4 MONTHS PREGNANT AND GAVE ME DEPO VERA SHOT. I WENT TO DR 11/21/2012 AND RECIEVED A PREGNANCY TEST THEN A DEPO VERA SHOT. I CAME BACK 02/03/2013 FOR MY ANNUAL PAP SMEAR AND PELVIC EXAM. I ASKED WHY MY PERIOD STOPPED AND MY WEIGHT GAIN, THEY SAID IT WS BC OF THE DEPO SHOT AND THE OTHER MEDICATIONS I WAS ON AND HE ASSURED ME I WAS NOT PREGNANT. I CAME BACK ON 02/15/2013 AND R3ECEIVED ANOTHER SHOT OF DEPO VERA. I WENT TO CLINIC ON 04/22/2013 BC I FELT MOVEMENT IN MY STOMACH AND THEY SAID I WAS PREGNANT, I THEN WENT FOR ULTRASOUND AND IT WAS DETERMINED I WAS 25 WEEKS. THE PREGNANCY IS NOW VIABLE AND I HAVE NO CHOICE BUT TO CARRY IT TO TERM AND I WAS UNAWARE AND WAS TAKING MEDICATION THAT THEY WERE AWARE OF BESIDES DEPO VERA THAT COULD BE HARMFUL TO MY CHILD. I FEEL IT WAS TOTALLY NEGLIGENT FOR THE DR WHO EXAMINED MY UTERUS, CERVIX, ECT NOT TO NOTICE THAT I WAS 16 WEEKS PREGNANT AND TO ALLOW ME TO RECEIVE ANOTHER BIRTH CONTROL SHOT ALONG WITH MY OTHER MEDICATION.

Answer:

The doctor should have given you a pregnancy before providing you with the first injection of Depo-Provera. If he failed to do this, he was negligent. A possibility is that he performed the test and it was a false negative. Pregnancy tests do not always detect pregnancies less than two weeks old, so if you had unprotected sex in the two weeks leading up to the first shot, that is a possibility. At the same time, he should have asked you this question so that he understood whether the test was accurate. 

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Spinal Surgery

Question:

Do I have a medical malpractice case? I had back surgery in Feb 2012, re-herniation in a few months. Contacted doctor and explained I was tripping over my left foot. Doctor stated I did not have foot drop and was not a good candidate for back surgery. Pain continued - started going to a chiropractor who ended up ordering a new MRI in 12/12 (I believe) disc herniation was much larger than the last MRI (August 2012?) Contacted and made an appointment in Louisville who diagnosed me with foot drop and called an Owensboro surgeon to see if he would take me as a patient. (my original doc went on medical leave shortly after my 1st back surgery and the 2nd doc I saw in August brushed me off) I saw another partner. I had my 2nd back surgery 3/14/13 and still suffer from foot drop since the 2nd doc didn't treat me and relieve the herniation from the disc. pressing and killing the back nerves going down my leg. Do I have a case? I don't want to waste anyone's time if not. You may contact me at any time. I am still on leave from work

Answer:

You may have a malpractice case worth investigating, but to know whether it is viable an attorney is going to have to secure the pertinent medical records and the radiographic films and review these materials. The issue in the case will be whether earlier intervention would have made a difference in the outcome.  

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Gallbladder Surgery

Question:

Gallbladder surgery complications. More Details: 2-3 weeks after having Laproscopic GB surgery a patient is very sick, goes to the ER at the local hospital, and is transported to a larger hospital for emergency surgery....Then spends 3 weeks in ICU and 2-3 weeks in Rehab........2 liters of bile was drained from the abdomen and there was bleeding from the hepatic artery...... Is there an easier way than filing a law suit.....Can we contact the Surgeon? Or the Hospital and ask about compensation? Look forward to you answer.... I have a medical background and the patient is my Sister In Law.

Answer:

Injuries to the bile duct and hepatic artery during laparoscopic gallbladder surgery can be caused by medical malpractice. It is very unlikely that any hospital or surgeon will voluntarily settle a claim in the absence of a lawsuit. Additionally, even if that is a possibility, you should have an experienced attorney providing you with guidance and giving you advise about how to evaluate damages so that you get sufficient compensation.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Colon Cancer

Question:

After telling my dr. for a year every 3 weeks that I had rectal bleeding and him only doing 1 exam, seeing another dr. found I had colon cancer. I have been on blood thinners for my heart. As I told my dr. after every Blood check every 3 weeks that I had rectal bleeding he finally did a rectal finger exam and said it COULD be hemorrhoids and the blood thinners. After a few months I began to have severe pain in abdominal and his PA thought diverticulitis. After a colonoscopy it showed a tumor that was almost blocking my intestine. If my dr. had just done further testing he would of found this out a lot sooner. By the time it was found it was stage 3c and I had to have 12" of colon removed and 6mths chemo.

Answer:

I think that you should consult an attorney. Depending on your age and other factors in your patient history, accepted standards of care may have required your doctor to perform a screening colonoscopy even in the absence of these symptoms. 

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Cataract Surgery

Question:

Can i file law suit? I had routine cataract surgery, left my right eye without a lens and no sight in it

Answer:

Obviously with a complete loss of vision you have reason to suspect that you received negligent care. I would need more facts to be in a position to tell you more. It could be an injury to the optic nerve. It could be the result of other complications.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Dental Malpractice – Retained Foreign Body

Question:

If a dentist leaves a piece of cotton in a tooth when installing a crown, is he liable for the cost to repair the tooth by another dentist?

Answer:

If he inadvertently left behind a piece of cotton, that is negligence. Nevertheless, dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Medical Malpractice – Skin Damage Following Steroid Injection

Question:

Do I have a case? I received a steroid injection 7 months ago. Last week I had a golf ball size chunk of fat go missing on the top of my right butt cheek where I received the shot. Consulted the doctor and it was from that shot 7 months ago. When the steroid was injected, they missed the muscle and it went it the fat and dissolved it. They said they were sorry and this sometimes happens, although they have never seen one this large (usually the size of a nickel). They also stated there is nothing that can be done and I'm just left with this huge indention. I teach dance class and in my dance pants, it is noticeable. I was also told that if the nurse would have done what's called a Ztrack when she administered the injection, this could have been avoided. Just wondering if people throw a fit over a dent in there bumper and insist compensation shouldn't I who is now disfigured in a way?

Answer:

Skin dimpling occurs with the use of steroids on occasion. Steroids that are less soluble tend to do this more, but they are also more efficacious. It is possible that the person who injected you did not go deep enough with the needle. Arguably you should have been told about the possibility of the complication per the doctor's duty of informed consent.

People report that the condition does sometimes improve over time.

I think you are going to have a hard time finding an attorney to take the case because it is probably not economically viable. The articles linked below explain this.

Medical Malpractice – Negligent Gallbladder Surgery.

Question:

Gallbladder surgery complications?  2-3 weeks after having Laproscopic GB surgery a patient is very sick, goes to the ER at the local hospital, and is transported to a larger hospital for emergency surgery....Then spends 3 weeks in ICU and 2-3 weeks in Rehab........2 liters of bile was drained from the abdomen and there was bleeding from the hepatic artery...... Is there an easier way than filing a law suit.....Can we contact the Surgeon? Or the Hospital and ask about compensation? Look forward to you answer.... I have a medical background and the patient is my Sister In Law.

Answer:

Injuries to the bile duct and hepatic artery during laparoscopic gallbladder surgery can be caused by medical malpractice. It is very unlikely that any hospital or surgeon will voluntarily settle a claim in the absence of a lawsuit. Additionally, even if that is a possibility, you should have an experienced attorney providing you with guidance and giving you advise about how to evaluate damages so that you get sufficient compensation.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Bowel Perforation During Tubal Ligation

Question:

Do have a malpractice case? I had a Laparoscopic Tubal Ligation. the surgeon had known he poked a whole inside my intestines. He closed it up knowing that there might be a problem. Sent me home. 2 days later I was right back at the ER. I was in the hospital for 5 days not eating or drinking to find out what was going on. The first dr. deferred me to another surgeon to fix his mess up. Well They found 3 infections 1 of them the flesh eating kind. So they irrigated my insides, as well as fixing the first problem. Well my tubal was 3-4-2013. Till this day I'm being ignored about so many questions. Dr.s blowing me off. My own family Dr. said he couldn't do nothing for me. the 2nd surgeon says i should be fine in no pain. Oh yea I have been telling him i have been in pain and am still layered up on the couch. I have nurses that come to my house every day to take care packing of my wound. As of last week blisters started showing up on my wound. The nurse nor the surgeon has no clue about them. 2 months still in pain.

Answer:

Bowel perforation can be caused by negligence but they also occur in the absence of negligence. If it is a perforation because of negligence, it is because the perforation occurred because the doctor failed to follow the proper procedures and safeguards to avoid this. Because the surgeon is the individual with the best view/perspective on what happened during any given surgery, these cases are very difficult to prove.

The failure to recognize and appropriately treat a perforated bowel, however,  is negligence.  I can't tell you whether the care you received in response to the perforation was negligence without examining the records.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Hole in Heart

Question:

Can i sue if a doctor neglected to tell me about my daughters heart problems? My daughter was born in 2012 and for 5 months we were fighting to get her insurance but we keep taking her back to the hospital because she keep coughing and it keep getting worst and all they did was look in her ears and say that she was "fine". When i told them that she finally got Medicare they ran a chest x-ray and sent her to children’s hospital in Dallas, TX, where we found out that she had three holes in her heart and the doctor told us when she was born that she was fine and that there were no problems, but the doctors at children’s hospital said she was born with the holes since they just don't pop up out of nowhere.

Answer:

When babies are born with holes in their hearts, it is not always an obvious condition and sometimes the condition is not immediately diagnosed. To know whether the doctors treating your daughter were negligent, an attorney would have to review all of the pertinent medical records. The exam findings for an atrial septal defect (ASD) often aren't obvious. Thus, the diagnosis sometimes isn't made until later in childhood or even in adulthood. Ventricular septal defects (VSDs) cause a very distinct heart murmur, and if your daughter had this kind of problem you would expect an early diagnosis.  A big question in any case that you pursue will be whether any delay in diagnosis resulted in additional harm. If it did not, the case will not be financially viable.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.