According to a new report published by Aon and the American Society for Healthcare Risk Management, medical malpractice claims against hospitals and healthcare providers are set to rise to more than 44,000 in 2009, an increase of five percent. The increase in claims has been attributed to an overall increase in the number of doctors being hired and, perhaps more predictably, a lack of tort reform. The study also cites the current recession as a reason for the increase in legal action.

Scott J. Eldredge, a senior shareholder and experienced medical malpractice attorney comments: "Each year, thousands of patients suffer life-changing injuries as a result of preventable medical mistakes. It is only fair that injured victims and their families have the right to claim adequate compensation for their suffering. To blame the current adverse economic climate and the apparent lack of tort reform as a reason for an increase in litigation does a great dis-service to my clients and the many thousands like them, who trusted their physicians and who were subsequently injured through no fault of their own."

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According to researchers at John Hopkins University, diagnostic errors may account for up to as many as 80,000 deaths each year, with diagnostic mistakes involving cancer are the most common. Over the last thirty years, diagnostic errors involving cancers have account for a large number of medical malpractice suits we have handled at Burg Simpson.

Missed or delayed diagnosis can occur for a variety of reasons, but when it does, the outcome can be very serious, and for some in can literally mean the difference between life and death. The effects of a failed or delayed cancer diagnosis can be devastating and may prevent a patient from receiving life-saving treatment, or being subjected to unnecessary, more aggressive treatment than otherwise would have been needed. When doctors fail to meet an applicable standard of care, it is only right that victims have the ability to seek both justice and compensation.

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According reports from Miami, judge Nelson Bailey has filed a lawsuit against physicians at a Florida medical center after a sponge was left in him after surgery. Judge Nelson underwent surgery to treat diverticulitis (an inflammation of the digestive tract), but following his operation the pain persisted. The judge was sent for a CT scan, but incredibly the sponge was not detected. Only months later did doctors in Cleveland recognize the problem and removed a foot long surgical sponge from his intestine. Judge Bailey also claims that while undergoing treatment at the same Florida hospital doctors made a prescription error that potentially could have caused him to have a serious cardiac event.

Scott J. Eldredge a medical malpractice attorney at Burg Simpson believes that this case should act as a warning to patients. “Medical malpractice is all too common. Given advances in modern medicine and hospital working practices, surgical and pharmacy errors such as these really should not happen. Unfortunately preventable mistakes like these do still happen.”

If you or a loved one has been injured as a result of medical malpractice, Burg Simpson can help. Call our experienced medical malpractice attorneys today toll free 1.888.895.2080 for a consultation.

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The parents of a Florida baby have filed a lawsuit against a Miami Hospital, after doctors carried out a circumcision on the child without his parent’s consent. In a statement the hospital blamed an error in the interpretation of a patient consent form, but that explanation has done nothing to quell the family’s outrage at what they believe to be an “irreversible amputation.” A failure to obtain consent by a hospital and/or physician is a common form of medical malpractice lawsuit, according to medical malpratice attorney Scott J. Eldredge.

“Every time a patient undergoes surgery, formal consent must be given to allow the healthcare professional to proceed. Physicians are legally and ethically required to involve their patient fully in decisions regarding their treatment, which includes providing an explanation of the procedure, alternative courses of treatment, and the extent of the risks involved. A physician’s failure to obtain informed consent could lead to a claim for medical malpractice. It is a widely held misconception that a signature on a preprinted consent form constitutes informed consent. While an important part of the process, it does not absolve the physician of taking the time ensure that a patient is an active participant in the decision-making process.”

If you or a loved one has been injured as a result of a physician’s failure to obtain informed consent before, Burg Simpson may be able to help. Call 1.888.895.2080 for a free consultation.

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According to reports, a Miami VA hospital has announced that 2,400 veterans may have been exposed to HIV and/or hepatitis during their colonoscopies. The hospital also acknowledged that it failed to notify as many 79 of those patients of their potential exposure to infection. The use of unsterile or improperly cleaned medical equipment, are leading causes of medical malpractice lawsuits. Earlier this year, a VA hospital in St. Louis reported that as many as 2,000 patients may also have been exposed to HIV and hepatitis due to improperly cleaned dental equipment. In 2009, three VA hospitals in Florida, Tennessee and Georgia, admitted potentially exposing more than eleven thousand veterans to HIV and hepatitis. Of that number, three veterans subsequently tested positive for HIV, while eight others tested positive for hepatitis.

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The Accreditation Council for Graduate Medical Education (ACGME) has proposed new working standards to reduce instances of medical errors caused by fatigue and poor supervision of medical residents. Research has prompted the ACGME, an accrediting body for more than 8,800 medical residency programs, to recommend that the medical residents work a maximum 80-hour week averaged over four weeks. In addition the ACGME recommends significant changes to resident training and increased levels of supervision for first year residents. The ACGME proposes a reduction in duty periods of first year residents to no more than 16 hours per day and stricter requirements for duty hour exceptions. Hospitals and medical facilities are also urged to put in place more stringent processes regarding the handover of patient care and alertness management and fatigue mitigation strategies. If approved, these new working standards will be adopted by July 2011.

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GlaxoSmithKline (GSK), the manufacturer of Paxil, has agreed to settle almost 200 individual lawsuits which claim that the drug causes serious heart birth defects in unborn children. Concerns regarding the antidepressant first surfaced in 2005, after a study of more than three-thousand pregnant women revealed a link between exposure to Paxil in pregnancy and birth defect rates. At the time, the study also prompted the Food and Drug Administration (FDA) to issue a warning statement to physicians.

Continue reading "GSK Settles Paxil Birth Defect Cases " »

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According to the Physicians Insurers Association of America, Emergency Department doctors are among the most likely groups of medical professionals to be sued for medical negligence. Other “at risk” groups include obstetricians, surgeons and internists. Given the high-pressure surroundings of an emergency room, it is unsurprising that doctors make mistakes, but when they do the results can be devastating. Earlier the month, a jury in South Carolina awarded $3 million to the family of a patient who died after receiving treatment at Grand Strand Regional Medical Center in 2002. The woman, who had been diagnosed with kidney stones, went into septic shock and died after physicians underestimated the seriousness of her condition.

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According to a survey conducted by the medical journal Pediatrics, more than 50% of physicians admitted making a diagnostic error at least once or twice per month. More than thirteen hundred professionals participated in the confidential survey, with more than 45% also admitting that their errors had actually harmed patients. The frequency of error for trainees was 77 percent. The most common errors were, failure to evaluate a patient’s history, failure to conduct a physical exam, and failure to chart a review of treatment. The survey also identified a lack of patient care coordination and teamwork as a cause of medical system failure.

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Research from the University of California, has revealed a possible link between a rise in medication errors, and the arrival of new resident doctors in hospitals. Analysis of more than 240,000 death certificates issued between 1979 and 2006, focusing on mediation errors as the cause of death, found that fatal medication errors spiked in July when compared to other months of the year. The study raises some important issues, including the possible need to reevaluate the responsibilities assigned to new resident doctors and the levels of supervision required.

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The Minnesota Court of Appeals has upheld a verdict of medical malpractice and awarded more than $9.5 Million to a child who cerebral palsy as result of an induced birth. A jury found Ortonville Area Health Services and others responsible for the child’s injuries. The jury also found a doctor negligent in failing to disclose to the parents of the child the extent of the risks involved in the child's treatment - a treatment which, under the circumstances, any parent would have reasonably been expected to refuse. The jury attributed 70% negligence to the doctor and 30% to Ortonville Area Health Services.

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According to The National Quality Forum (NQF), medical-related harm has risen from the eighth leading cause of death in United States, to the third leading cause since 1999. In a recently published report, The Safe Practices for Better Healthcare – 2010 Update, the NQF acknowledges that while medical-harm is never intentional, instances of harm can almost always be avoided. The Safe Practices for Better Healthcare – 2010 Update, identifies 34 practices effective in reducing the occurrence of medical-related harm. Included within the list are actions relating to medication management and the prevention of healthcare infections. More information is available from the NQF’s website.

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If you have been injured as a result of medical malpractice, it is advisable to talk to an experienced attorney as soon as possible. It is also important to understand the time restrictions involved in bring a claim, as deadlines vary by State and by the type of case involved. Earlier this week, the Michigan Supreme Court ruled 4-3 to reinstate a Hillsdale County woman's medical malpractice lawsuit against her eye doctor, after official documents informing her of an impending deadline were mailed to a wrong address. A lower court had previously rejected DeCosta's complaint, despite the fact that she had been unable to respond due to the notice having been mailed to an old address. On appeal, The Supreme Court reversed the decision.

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