Here are the latest answers to the questions that were posted online. Please note that I do not edit the questions.
Question.
How do I go about finding an attorney that will represent my father’s medical issue? He resides in Florida, but transplant was in Tennessee. Since he had his kidney transplant he’s been having complications and hasn’t been treated the right way. We have been trying to resolve this matter the right way and it seems almost impossible. We need immediate assistance for our father.
Answer.
I have no idea whether you have a viable malpractice case because you didn’t provide enough information about the complications your father has been experiencing. Nevertheless, if you want to hire an attorney to investigate a case you’re going to have to hire someone in Tennessee. Attorneys 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.
I had upper abdomen pains. Could not move, was nauseaed, became very hot, started sweatting alot, pain went to into back. Went to ER, spoke to a nurse they gave me some malox with a pain killer in it. I also took a chest xray and a ekg and then was released. I was told that I had gas. I never saw a doctor. 2 months later went to a different ER for same thing and was told that I had to have surgery very soon. I had a golf ball size gall stone. Do I have some kind of case against the 1st ER and doctors.
Answer.
The usual presentation of a patient who was suffering from gallstones include symptoms of pain in the upper abdomen and upper back, nausea, vomiting, bloating, indigestion, heartburn, and gas. So, gallstones should have been in the differential diagnosis of the physicians. I think the real question in the case is whether it is financially viable because presumably you would’ve needed surgery if the diagnosis was earler. Consequently, assuming there was no permanent harm the damages in the case amount to two months of pain and suffering. I wouldn’t take on a case like that, but financial viability is a judgment call. The articles below explain this in more detail.
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.
Saturday, August 16, 2014
Patient Safety in the News July and August 2014
Jessica Firger, for CBS News, on increased reports of West Nile Virus in western, central and southern states. Early signs and symptoms of the disease include fever, headaches, body aches, joint pains, vomiting, diarrhea and rash.
Robert Preidt, for CBS News,an article appearing in BMJ that concluded that light to moderate alcohol consumption can result in heart damage.
Nicholas Bakalar, for the NYT, on a study appearing in the journal Circulation that calls into question the necessity of fasting before undergoing blood lipid tests.
Nicholas Bakalar, for the NYT, an article appearing on Obstetrics and Gynecology that concluded that sutures are safer than staples when closing incisions following cesarean sections.
Robert Preidt, for CBS News,study at Harvard which suggested that vasectomies can increase the risk of fatal prostate cancer.
Liz Szabo, with USA Today, that the child “Mississippi baby” previously diagnosed as cured of HIV by the NEJM, was found to have a return of the disease.
Saturday, June 21, 2014
Patient Safety in the News - June 2014
Tim
Darragh reported that there are 43% fewer medical malpractice cases being
filed in Pennsylvania today than there were ten years ago. The article
attributes the decrease two new rules which require (a) medical malpractice
cases to be filed in the county where the malpractice took place and (b) the
filing of an affidavit of merit at the outset of a case.
Dennis
Slattery, for the Daily News, wrote about the New York Judiciary’s adoption
of a program formerly run by Judge Douglas McKeon in the Bronx which seeks to
reach early settlements in meritorious medical malpractice cases filed against
municipal hospitals. The program has
resulted in decreased litigation costs and safer care because hospitals have
implemented safety programs to learn from the mistakes.
Steven
Reinberg, for CBS News, wrote about the rise in the mosquito-borne
chikungunya virus. The virus has still not been contracted in the United
States, but it is predicted that it could arrive this summer. The virus causes high
fevers, joint pain and swelling, headaches and a rash. In rare instances it is
fatal.
Andrew
Pollack, for the New York Times, reported on how health insurance plans are
lowering drug costs by requiring pharmaceutical companies to choose between
discounting their drugs or not being covered.
Saturday, May 24, 2014
Patient Safety in the News - May 2014
Kate
Thomas, reporting for the New York Times, discussed how Insys Therapeutics,
maker of Subsys, a narcotic pain killer,
increased sales by aggressively marketing Subsys to physicians for off-label
use. The medication was approved by the FDA for use in cancer patients, but
just 1% of prescriptions are now written by oncologists.
Melissa
Healy, of the LA Times, reported that the United Nations’ leading expert on
food and nutrition declared that the international community must focus and
mobilize against unhealthy diets that contribute to the global obesity problem.
Sharon
Begley of Reuters discussed a study by biologists Tony Wyss-Coray of
Stanford University and Saul Villeda of the University of California San
Francisco which revealed that when old mice were transfused blood from young
mice, the aging process in the brain was reversed.
Karen
Kaplan wrote about a recent study appearing in JAMA that revealed that
while 40 years of clinical trials have unequivocally demonstrated that
antibiotics do not help patients suffering from acute bronchitis, 70% of
patients treated for that condition are still prescribed these drugs. In fact,
antibiotic prescriptions for acute bronchitis have increased since 1996,
despite the fact that the Centers for Disease Control and Prevention have been
trying to stop this practice for the last 15 years.
CBC reported
that a study published in the 1970s suggesting that fish oil lowers the risk of
heart disease is fatally flawed and its conclusions are based on faulty
research.
Saturday, March 15, 2014
Patient Safety in the News February 2014
Yolanda
Kennedy, for Medical Xpress, discussed a study appearing in the British Medical
Journal Quality & Safety which demonstrated that by requiring hospital
pharmacists to collaborate with health care providers during key points of a hospital
admission, overall prescription errors were reduced 79% and severely harmful medication errors were
entirely eliminated.
Errors due to the failure of junior physicians and nurses to
speak up about concerns of patient safety were discussed in this article appearing
on BMC Health Services Research.
Vineet
Chopra, MD and Laurence F. McMahon Jr., MD, argued in JAMA that the rudimentary
alarm systems in hospitals need to be updated with new technology that analyzes
information and sends meaningful warnings to health practitioners.
Saturday, February 15, 2014
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.
Tuesday, February 11, 2014
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.
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.
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