According to statistics, about six out of every 1,000 babies born in the U.S. each year are born with a birth injury. Some birth injuries simply cannot be prevented and the injury rate is relatively low compared to the number of births each year, but no parent or child should ever have to suffer the consequences of a delivering doctor's mistake or a nurse's negligence while monitoring a mother and her baby during labor and birth.
Some common types of birth injuries that can cause significant physical or mental damage to a newborn baby include brain damage, cerebral palsy and Erb's palsy.
]]> There is a chance that a baby can develop cerebral palsy as a result of a genetic abnormality or other complication well before labor, but about one third of the children who are born with cerebral palsy suffer the complication as a result of not getting enough oxygen during labor and delivery. A baby can suffer brain damage when a doctor or nurse fails to notice that the baby may be in trouble during labor or if medical professionals do not perform a Cesarean section in time in order to get the baby the oxygen he or she is lacking.Another common injury babies are at risk of suffering as a result of medical negligence is Erb's palsy. This injury can occur if a doctor attempts to pull on a child's head if the baby is stuck in the birth canal. Babies can suffer nerve damage during this process which can cause permanent disabilities.
In some cases of negligence, doctors and nurses may attempt to hide their mistakes by blaming a baby's injuries on other problems such as an infection in the amniotic sac, an injury that occurred before labor or a genetic predisposition to a specific disability. If Chicago parents believe that their child's injuries during birth may have been the result of medical malpractice instead of some other underlying cause, the parents may want to speak with an attorney in order to make sure that a negligent doctor or nurse does not make the same mistake which could potentially cause injury or harm to other babies during birth.
Source: abc Action News, "How medical malpractice leads to birth injuries," Ed Greenberger, Jan. 27, 2012
]]>But what Illinois parents need to understand is that each child's symptoms and situation are unique and doctors are responsible for making sure that each child is thoroughly examined in case a child's symptoms are actually caused by a serious infection such as bacterial meningitis. Failing to properly diagnose a child's symptoms could cause the child to suffer serious or fatal health complications if he or she does not receive immediate treatment for an infection.
This month, a lawsuit was filed against a pediatrician who allegedly diagnosed a 7-year-old boy with an ear infection after the child complained of a painful headache. Days later, the boy was rushed to the emergency room and diagnosed with bacterial meningitis, an infection that can turn deadly or cause serious harm if not treated in time.
]]> According to the lawsuit, the boy was first treated for his symptoms by a pediatrician on Halloween in 2009. When the child's symptoms got worse, the boy's mother attempted to make another appointment with the child's pediatrician on Nov. 2, but she was told by the receptionist that there was nothing the doctor would be able to do. The next day, the doctor saw the child and noted that he suffered from "acute distress" from a headache. That same evening, the boy was found unresponsive.He was taken to a local hospital and later airlifted to a children's hospital where he was diagnosed with the life-threatening infection. The boy spent weeks in a coma, and when he awoke, he was blind and had brain damage. Since the incident, the child has had to re-learn how to walk, talk and eat. However, the lawsuit claims that these serious injuries could have been prevented had the doctor properly diagnosed the child so that he could have received immediate treatment for the infection.
Bacterial meningitis can easily be treated with antibiotics, according to the Centers for Disease Control and Prevention. But in order to prevent the infection from causing significant damage to the body, it is crucial that doctors diagnose and treat patients immediately.
Source: The Hartford Courant, "Lawsuit Charges that Tolland Boy Lost His Eyesight After Doctor Failed to Diagnose Meningitis," Denise Buffa, Jan. 17, 2012
]]>For years, the epidural shots were considered safe. Cases involving patients who were suffering severe side effects from the injections did not come to light until about 10 years ago. Some side effects have included paralysis, brain injuries and death. The shots can be extremely dangerous when not administered properly by doctors because the injections are made within millimeters of one's critical arteries.
]]> In one case, a man received a shot of two steroids in his neck in 2007 to alleviate pain. But when the doctor administered the injection, the patient suddenly displayed signs of a stroke and doctors had to insert a breathing tube to keep him alive. He eventually had to undergo surgery for brain swelling. Now, the 60-year-old man is confined to a wheelchair and is partially blind. The man's wife filed a lawsuit on his behalf claiming that he was never informed that he could potentially suffer brain injuries from the steroid injection.It was discovered in 2007 that 13 patients had died from the injections and more than 60 patients had suffered other injuries. Data analyzing malpractice claims between 2005 and 2008 revealed eight people suffered strokes after receiving the injections and 31 patients reported spinal cord injuries.
Many believe that this is enough evidence to prove that these shots are not safe. Others suggest limiting the number of shots patients can receive each year in order to minimize their risk of injury. The North American Spine Society has recommended only four shots in a six-month period for each patient, but the society also noted that some patients may need to exceed those limits in order to receive the treatment that is necessary for their pain.
The Food and Drug Administration is currently reviewing of the safety of the injections and stated that it is still too early to determine if doctors should be limiting the use of these injections when treating patients for neck and back pain.
Source: Businessweek, "Epidurals Linked to Paralysis Seen With $300 Billion Pain Market," David Armstrong, Jan. 4, 2012
]]>Injections to treat neck and back pain are increasing as a result of more Americans aging, but the number of injections administered each year may also be increasing because of the reimbursements doctors get from administering the steroid shots. Reimbursements for epidural shots can range from $200 to $600. Last year, Americans spent $23 billion on epidural steroid shots and other shots to treat chronic pain.
But do these shots benefit patients and are they even safe in the first place? Or are doctors administering the injections more than what is necessary in order to receive generous reimbursements?
]]> The chief of pain medicine at Boston's Massachusetts General Hospital said the epidural shots used to be considered safe to treat neck and back pain. But now he is not so sure after seeing too many cases of patients suffering serious complications from the injections that are administered near the spinal cord and into the epidural space.Doctors did not realize the severe side effects patients could suffer from the injections until about 10 years ago when researchers and medical malpractice insurance companies began to notice a problem. It was discovered that there was a link between many patients who suffered serious injuries after receiving the injections. Many of them had become paralyzed or died.
We will continue this discussion next week, focusing on some of the injuries and side effects patients have suffered after receiving epidural shots to treat pain.
Source: Businessweek, "Epidurals Linked to Paralysis Seen With $300 Billion Pain Market," David Armstrong, Jan. 4, 2012
]]>Up to 40 percent of medical malpractice claims involve alleged diagnostic errors. While a diagnostic error can be a misreading of an x-ray or a botched lab test, it can also be the failure to communicate the test results themselves.
]]> Whether their test results are normal or abnormal, patients should hear about them. If they do not learn the results, it is certainly possible that the results are fine. It is also possible that the results are concerning - but they are lost, misplaced or forgotten.Illinois patients whose doctors order medical tests should make sure they know who is performing the tests and why. Sometimes tests are performed by various providers and routed through different systems. Patients should ask their doctors what steps they need to take to learn all the results. They should also request that the providers deliver the results to their doctors.
If it isn't clear which tests are being performed or when the results will be available, patients should ask. If an online system to receive results is available, taking advantage of it can put some control in patients' hands.
Doctors need to ensure that their patients fully understand the purpose, timeline and meaning of all the tests they undergo. A vital part of that process is delivering the test results.
]]>The family of a 5-year-old girl in Minnesota knows all too well how a misdiagnosis can affect a child's health and future. The girl's parents said that a bump had been growing on their daughter for about a year after she was born, but the child's doctor did not diagnose her condition. About a year after her birth, a pediatric oncologist diagnosed the girl with a rare and aggressive muscular cancer. The family has since sued the child's doctor claiming that the child's life expectancy has been significantly reduced as a result of the cancer misdiagnosis.
]]> By the time the child was diagnosed with the cancer, it had already spread throughout her body. Now experts claim that failing to diagnose the cancer while it was still in its early stages may cost the girl her life. The cancer is certainly aggressive, but had it been diagnosed and treated in a timely manner, the child would have had a 60 percent chance of surviving. Experts believe that as a result of the delayed cancer diagnosis, the 5-year-old girl's chance of survival was significantly reduced to 40 percent.Over the past four years, the child has undergone surgeries, chemotherapy and radiation treatments. However, the cancer continues to come back. Now the child's chance of survival is only 5 percent.
The family's lawsuit was originally dismissed after a judge concluded that the child's low chance of survival was a result of the type of cancer she suffers from. However, an appeals court has ruled that the family can proceed with the lawsuit that claims that the girl's doctor was negligent. The court concluded that because the child's chance of survival is now "improbable," a jury could reach the conclusion that the delayed diagnosis significantly affected the child's chances of survival had she been treated much sooner.
Source: Star Tribune, "Will false diagnosis cost Minnesota girl her life?" Abby Simons, Jan. 4, 2011
]]>Doctors and nurses in Illinois -- and in the entire U.S. -- are responsible making sure that a mother and her newborn are still healthy after delivery and that neither individual is suffering from any complications. If other complications are discovered, hospital staff is responsible for diagnosing the mother or child so that the patient can be properly treated and cared for in order to prevent further injury, or even death.
One couple, who gave birth to a baby boy in June 2009, is now suing the doctor for negligence after they claimed that the doctor assumed that their child would not live after he was born and left the baby's body in a plastic bin to die.
]]> The child is alive, but he suffered serious injuries as a result of the doctor's misdiagnosis and from not receiving medical treatment in a timely manner.The lawsuit was filed last week on the child's behalf. According to the lawsuit, the child's heart rate was irregular shortly after birth and the baby appeared to be gasping for air. The delivering doctor then made the decision that the newborn "had no chance of living," and instead of trying to treat the child, the doctor put the baby in a bin while the family decided what they wanted to do with the body.
But a few hours later, a nurse who was passing by the bin heard that the baby was still alive and trying to breathe. The child was resuscitated and spent the next three months recovering from brain injuries and other injuries at a Nashville hospital.
The family is seeking damages for the doctor's failure to properly diagnose, treat and care for the baby after he was born. Fortunately, the child did survive this tragic incident, but the child's injuries may not have been as severe had the baby been properly treated hours before he was found in the bin still fighting for his life.
Source: The Tennesean, "Lawsuit claims Robertson doctor neglected newborn," Brandon Gee, Dec. 22, 2011
]]>But in April, the parents of a 17-year-old girl learned just how dangerous having one's wisdom teeth removed can be after their daughter died from oxygen deprivation during the commonly performed surgery. Now the parents are suing the oral surgeon and the anesthesiologist for medical malpractice. The lawsuit claims that the medical professionals are responsible for the teen's wrongful death after they failed to resuscitate her in time when complications were first noted during the wisdom tooth surgery.
According to the American Journal of Public Health, about 10 million wisdom teeth are pulled each year in the U.S. Extraction is often recommended in order to prevent individuals from developing infections, cavities, cysts, tumors and damage to other teeth and bones. But some question whether or not the surgery is even necessary for most individuals.
]]> A dental consultant and author told ABC News that about two thirds of the surgeries are unnecessary. And, like any other surgery, these individuals are put at risk of suffering serious complications during or after the procedure if it is not performed properly.Some complications include: jaw and tooth fractures, brain tissue infections, excessive bleeding and hypoxia. In addition to these complications, about 11,000 people suffer from permanent nerve damage to the tongue, cheeks or lips after undergoing the surgery each year.
The parents of the 17-year-old girl who died during her wisdom tooth surgery claim that the oral surgeon and anesthesiologist were negligent during the operation because they failed to try to resuscitate the teen, even after her blood oxygen level and heart rate began to drop. Had the medical professionals addressed the concern immediately, it is believed that the couple's daughter would still be alive.
Every year, about 5 million Americans undergo surgery to have their wisdom teeth removed. Although doctors may feel comfortable performing the surgeries, they should be reminded that they can never be too careful and that they should always be prepared when emergency situations arise.
Source: ABC News, "Parents Sue After Teen Dies During Wisdom Tooth Surgery," Katie Moisse, Dec. 15, 2011
]]>After one couple's daughter suffered an injury to her arm during birth more than three years ago, the couple finally found some consolation from the incident last month after a jury concluded that their daughter's birth injury was indeed a result of medical negligence.
The child's mother said that the family is certainly happy to know that the doctor will be held accountable for the birth injury, but she also acknowledged that their child will suffer from the doctor's mistake for the rest of her life. "My daughter is never going to be 100 percent," the mother stated.
]]> The couple from Nebraska gave birth to their daughter in June 2008. But during the delivery, the couple claimed that the doctor made several mistakes that caused the child's left arm to be paralyzed. According to the lawsuit, the doctor had attempted to get the large 9-pound baby through the birth canal by using a vacuum. However, the baby's shoulder got stuck behind the mother's pelvic bone.The lawsuit argued that the doctor panicked once the baby was stuck, and instead of attempting to maneuver the position of the baby safely, the doctor pulled down on the baby's head to deliver the child. As a result, the baby suffered three ripped nerves and two ruptured nerves in her left arm.
Three years later, the child still cannot use her left arm and her mother said that her child is starting to notice that her arm looks different compared to other kids. Since the injury, the child has undergone several surgeries to try to restore movement in her arm.
Last month, a jury awarded $1.8 million to the child to compensate the child for her pain and suffering, any past and future medical expenses and any future lost wages resulting from her disability.
Source: Omaha World-Herald, "$1.8 million awarded in birth injury," Todd Cooper, Nov. 24 2011
]]>Although consumers in Illinois and throughout the entire U.S. are advised to only take the recommended daily dose of the painkiller, the study also suggests that doctors need to be more aware of the different effects acetaminophen can have on individuals who take too much of the painkiller over a period of several days compared to those who take too much at once. Failing to understand the different effects and symptoms could result in a misdiagnosis.
]]> Acetaminophen is found in medication such as Tylenol. The study concerning the drug was performed by researchers at the University of Edinburgh in Scotland and later published in the British Journal of Clinical Pharmacology.Researchers studied cases involving individuals who took more than the daily recommended dosage over a period of several days, called "staggered overdoses," and compared the findings to cases involving patients who overdosed on acetaminophen in just one day.
Information from more than 650 patients was examined and about 161 of them had taken staggered overdoses, which was about 24,000 milligrams of acetaminophen over a period of several days. Those who had taken a single overdose took on average 27,000 milligrams in one day.
What researchers discovered was that it was more deadly for a person to take staggered overdoses than single overdoses of acetaminophen. The recommended daily dose of acetaminophen is 4,000 milligrams.
Of the 663 patients, 60 died from a staggered overdose and others were more likely to show signs of brain and liver problems. Those patients said they used the drug to suppress headaches, toothaches, muscular and abdominal pain. In addition, the researcher said death was a likely outcome because some patients did not receive the proper treatment for their symptoms.
Doctors can easily diagnose a single overdose because high levels of the drug will appear in blood tests. However, patients who suffer from a staggered overdose are not always properly diagnosed because blood tests don't always indicate high levels of the drug in one's blood. Researchers concluded that doctors must be aware of the fatal effects of staggered overdoses and that the criteria used for diagnosing patients with staggered overdoses is not the same for single overdoses.
Source: msnbc, "Small overdoses of Tylenol can add up to deadly damage," Rachel Rettner, Nov. 22 2011
]]>Fortunately, victims of medical malpractice are protected by certain rights so that they can receive the compensation they need and deserve after suffering serious injuries from a surgery gone wrong or after receiving the wrong medication. However, medical malpractice lawsuits are complex, and without proper legal representation, a victim could spend months or years waiting for a resolution.
]]> In New York, one judge is attempting to find a solution to expedite medical malpractice lawsuits so that victims can settle their cases more quickly and receive the compensation that they need to cover medical expenses and other damages much sooner. Although the program is only being used in a few districts of New York, some believe that the program will serve as a model for other states.The new program is funded by a $3 million grant from the federal Agency for Healthcare Research and Quality. If a medical malpractice lawsuit is deemed a good candidate for the expedited process, the case goes to a judge who has expertise in the medical field.
The judge oversees the case in its entirety and discusses the case with all of the parties involved as often as necessary in order to help the parties reach a settlement more quickly. Although the judge does not dictate settlement amounts, and plaintiffs can choose to move the case through the court system if they are not happy with a resolution, cases using the program can take as few as six to nine months to settle.
The program has advantages because it does not need special legislation and therefore can be used in the current court system. Because settlements are reached in a timely manner, victims of malpractice can move on with their lives much sooner and the court system can use limited resources.
Although the program certainly has its benefits, others suggest that plaintiffs may receive lower settlements in the mediation program compared to if they were to let their cases go to trial.
Currently, medical malpractice lawsuits can be prolonged for years due to gathering evidence, depositions, and the lack of a resolution by a number of judges. Discussions regarding settlements are oftentimes left until after a court date has been set. Under the new program, both parties begin discussing settlements much sooner in the process.
Source: The Washington Post, "Judge devises model for resolving medical malpractice cases more quickly," Michelle Andrews, Nov. 21, 2011
]]>Victims of medical malpractice in the Chicago area certainly suffer a variety of consequences as a result of a medical professional's negligence. Patients could be forced to live with debilitating injuries for the remainder of their lives, and other mistakes could result in the wrongful death of a loved one. Although incidents of medical malpractice can be tragic for patients and for their loved ones, victims may be able to take legal action in order to ensure that the responsible party is held accountable for the mistake.
]]> Last week, it was reported that a family recently filed a lawsuit against a hospital in Florida after a nurse had mistakenly given a 79-year-old man a medication commonly used in executions. After receiving the wrong medication for his symptoms, the man suffered further complications and died.The incident occurred July 30, 2010. According to the lawsuit, the man was admitted at a Miami hospital because he had been experiencing stomach problems and shortness of breath. The man's family claims that a nurse was supposed to administer the man the antacid Pepcid for his stomach problems. Instead, the nurse gave the man a muscle relaxant that is usually administered during executions or surgeries.
As a result of the medication error, the man went into respiratory arrest. He was resuscitated after the incident, but the man never fully recovered. He died about a month after the incident.
Since the tragic event, the hospital claims that an internal investigation was conducted and that new policies and procedures are now in place to ensure that the mistake does not happen again.
Source: The Huffington Post, "Richard Smith, 79-Year-Old Miami Man, Dies After Accidentally Receiving Execution Drug," Dean Praetorius, Nov.19, 2011
]]>In a recent wrongful death case against a hospital in Minnesota, a patient received a blow to a part of his head where his skull had been removed when he fell from an operating table just before surgery. The fall caused his condition to deteriorate rapidly. He slipped into a coma and died when he had to be removed from life support just a month after the accident.
]]> The 61-year-old patient had suffered a stroke and had undergone several surgeries. Although a portion of his skull had been removed, his prognosis was good and he was scheduled for a final surgery to install a lumbar drain. After the lumbar surgery, he was to have been transferred to a nursing facility for rehabilitation.The patient lay on the operating table, sedated, when he rolled off the table and struck his unprotected skull on the floor.
The hospital attempted to defend itself by claiming that the man had suffered a second stroke. However, he weighed 330 pounds, and the man's family alleged in the wrongful death complaint that the hospital had operated on him even though they did not have an operating table wide enough, or with long enough restraints, to safely hold a patient that large.
Early last week, the judge in the wrongful death case ruled that the man's death was the result of the hospital's negligence. The jury followed by determining that the fall caused his death, not a second stroke. They awarded the man's family $225,000 in compensation for his loss.
Here in Chicago and across the nation, healthcare providers are dealing with a rising number of overweight or obese patients, who often require different medical equipment than average people. That challenge, however, is no excuse for relying on ordinary equipment at the risk of a patient's health or safety.
Source: Pioneer Press, "Court awards family of St. Paul hospital fall victim $225K," Richard Chin, Nov.15, 2011
]]>Not satisfied with the President's promise, legislators had been trying to put forth their own ideas for medical malpractice reform: the HEALTH Act.
]]> Similar to reforms implemented in Texas and California, the HEALTH Act would address tort reform by putting a cap on the amount of noneconomic damages that an injured patient could receive and shorten the statute of limitations on claims (the amount of time an injured person has to file a lawsuit). The act, if passed, would cap noneconomic damages - which are damages that can be awarded in a medical malpractice lawsuit for injuries such as pain and suffering and emotional distress -- at $250,000.The bill appears to have little chance of passing, meaning that victims of medical malpractice may not face harsh restrictions on the compensation available.
In malpractice cases there are generally two types of compensatory damages that are recoverable: economic and non-economic damages. Economic damages reimburse an injured victim for measurable losses like medical bills and lost wages. And, non-economic damages compensate an injured victim for the other losses caused by the injury that are not easily measured, such as disfigurement, loss of enjoyment of life or mental anguish.
While each medical malpractice case is different and will depend on the specific set of facts, an arbitrary cap on non-economic damages may lead limit an injured patient's (especially a patient who suffers severe injuries) ability to be fully compensated for the injuries sustained at the hands of a negligent doctor, nurse or other medical professional.
Source: politico.com, "Medical malpractice reform efforts stalled," Brett Norman, Nov. 17, 2011
]]>During the cold and flu season, pediatricians and other doctors diagnose countless patients each week with the minor illnesses. However, this may present a problem if a doctor becomes too comfortable with passing off a child's symptoms as the common cold or flu. Failing to carefully examine each patient's unique symptoms could result in a misdiagnosis that could lead to serious consequences.
On Dec. 12, 2010, a mother brought her 6-year-old son to the hospital because he had a fever and his heart rate was abnormal. The physician who treated the child noted in medical records that the child had a fever of 102.5 degrees, his tonsils were swollen, and he had complained of pain in his abdomen and groin. But after conducting an X-ray and an ultrasound, the physician reported that nothing concerning was discovered.
]]> The boy was sent home after being diagnosed with nasal congestion and a strained hip. The doctor wrote a prescription for ibuprofen to treat the child's symptoms. However, within 24 hours of being sent home, the child was rushed to a trauma center. The boy's parents later learned that their son's symptoms were caused by a systematic strep infection. Because the infection had spread to other parts of his body, the boy's legs had to be amputated.Last week, the parents of the young child filed a lawsuit against the hospital in Maryland where the boy was initially taken. The lawsuit states that the treating physician had failed to consider that the child could have been suffering from a serious infection and as a result, the doctor did not conduct important blood tests or a rapid strep test that would have indicated that the child had the infection.
Had the infection been diagnosed in time, the child could have been prescribed an antibiotic that would have prevented the infection from spreading.
The medical malpractice lawsuit seeks unspecified damages. The child's parents said that they hope this lawsuit will educate other parents about the potential dangers and complications of a misdiagnosis. The family also said that they believe their child's medical expenses will result in millions of dollars over the course of his life.
Source: Annapolis Capital, "Couple sues BWMC for malpractice," Scott Daugherty, Nov. 4, 2011
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