Patient Safety in the News January 2014

A stunning expose by Julie Creswell Reed Abelson in the New York Times detailed how a multi-state hospital chain is alleged to have put profits before patients in an increasing trend that is moving medicine away from individual decision making by doctors toward corporate control focused on profits.

Journalist Ryan White wrote about the implications of a report issued by the Dartmouth Atlas Project which found significant variations in care provided to children in different geographic regions in New England, raising questions about overuse of medical services and whether financial gain is impacting the medical decision making of pediatricians.

In this book review, Marcia Angell highlighted the disturbing conflicts of interest that permeate the pharmaceutical industry and medical academia and result in the over-prescription of drugs in a way that is against the interests of patients. Ms. Angell discusses three books: (a) Side Effects: A Prosecutor, a Whistleblower, and a Bestselling Antidepressant on Trial; (b) Our Daily Meds: How the Pharmaceutical Companies Transformed Themselves into Slick Marketing Machines and Hooked the Nation on Prescription Drugs and (c) Shyness: How Normal Behavior Became a Sickness. 

Jenny Gold, writing for NPR, discusses the complete absence of price transparency in the field of medicine. Most surgeons do not know the cost of the medical devices they implant into patients, and make decisions based on the fact that they are aligned with a particular manufacturer because they receive some sort of royalty or consulting fee. Meanwhile, hospital systems and purchasing groups sign agreements keeping the actual price of these devices confidential so medical device manufacturers can sell the same product at vastly different prices.

Robert Langreth, writing for Bloomberg, points out how underreporting of adverse events is creating a false sense of security in patients who undergo robotic surgical procedures and otherwise impacting the FDA’s oversight of medical devices.

Latest Questions and answers submitted online in November and December 2013

Here are the questions that were submitted to me online in November and December 2013 and the answers I provided.

Question: 

Is it considered medical malpractice if my father was diagnosed with muscle inflammation when he really had metastatic disease? My father was experiencing severe pain in his whole body. In August, he visited an ER where he was diagnosed with muscle inflammation. He was prescribed muscle relaxers & given orders to see his primary physician. My father did not have insurance so the follow up was not made. In early October after still experiencing severe pain we took him to a low-income clinic were again the diagnosis was muscle inflammation. Both facilities took x-rays of his chest. I might add that this clinic also denied him low income insurance because he stated that he worked & made $500 a month in the month of June which is way below the income limits. My mom paid cash for these visits/x M rays. In late October, he visited another ER room because he had broken his arm (pathological fracture from the tumor). This hospital took x-rays of his arm & ordered further tests as the cancer was evident in the x-ray of just his arm. He was finally diagnosed in late October with metastatic disease. He passed away in early Dec.

Answer: 

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case 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.

Question: 

Can I sue my Dr. for giving me more dose than he actually prescribed? The thing is my Dr. prescribed for a certain dose of medication which I am taking it at his office. When I get my bill it is for double dose of what he prescribes. This could be either they are over dosing me or charging me for what I have not received. My question is can I sue for either of the case. Thanks.

Answer: 

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.
If you suffer lasting harm from a medication error, and you want to investigate a medical 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.
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.

Question: 

Nurse Practitioner changed the dosage of the wrong pill. I was taking high blood pressure and cholesterol meds. Through diet I was controlling my Cholesterol and weaning myself off of the pills. I explained this to the nurse practitioner and she said she would lower the dosage of my cholesterol pills. I received both of my new prescriptions and had them filled. Around two months later my heart rate excelled and my heart started adding beats. Come to find out they had changed the dosage of my heart meds not my cholesterol. After several heart monitors, stress test, specialist and many other tests, the Cardiologist informed me that the pill mistake would cause my heart to add the extra beats and put it in the distress it was in.

Answer: 

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical 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.

Question: 

My husband was diagnose with throat cancer and told it would not spread. He went through radiation and chemo for about 3 months after that the said it spread to lungs. He had a sore nose they told him it was a pimple to put hot compress on. Then about 3 weeks later they said he has a sinus infection and gave him antibiotics which gave him a sezious 2 hours later hospital final gave him a brain scan and now he has cancer in face and brain also.

Answer: 

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case 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.