An article in philly.com provides details of the study, including:
A big concern discussed in the article is the length of time it can take for medical malpractice cases to either settle or go to trial, sometimes delaying deserved payments to injured patients for years as well as increasing ongoing litigation costs to both sides.
The article mentions one possible approach to this problem tried out by the University of Michigan hospitals. Instead of waiting for the litigation system to kick in, they proactively sought to identify medical errors that happened in their system early on and voluntarily contacted the affected patients, offering apologies and reimbursement.
This may be a promising model of more efficient doctor-patient conflict resolution, but it could not completely take the place of malpractice lawsuits. Not all medical negligence will be caught by a hospital and sometimes there will be inherent disagreement about what happened.
]]>A new study has revealed that having a translator in hospital emergency rooms can significantly decrease the number of medical errors resulting from a miscommunication or a simple lack of understanding. According to researchers, translators and interpreters may be especially important now since many patients in Illinois and throughout the entire U.S. have a limited knowledge of the English language or cannot speak the language at all.
]]> The study followed 57 families who spoke Spanish as their primary language. All of the families sought medical attention at one of two different U.S. emergency rooms. Twenty-seven families were assisted by a non-professional interpreter, 20 were assisted by a professional interpreter, and 10 families were not assisted at all.When using a non-professional interpreter, medical errors were 20 percent more likely to occur based on the type of information that was not translated correctly during the ER visit. When using a professional translator, the risk of a medical error being made as a result of a miscommunication was reduced to 12 percent.
The lead researcher of the study said the results help prove the fact that a professional interpreter in an emergency room can be beneficial in improving efficiency while also curbing medical mistakes due to a misunderstanding. Although the need for interpreters in emergency medical situations may seem obvious, not all patients have access to interpreters if they need one.
According to the findings, hospitals would benefit from establishing policies that would require a professional interpreter to be available to patients in emergency rooms. In addition, options such as having interpreters available through video or phone could also be explored to improve ER visits. Making sure interpreters have been trained on how to explain medical terms, procedures and other information between doctors and patients should also be considered. More training means an improved experience for patients in terms of safety and care quality.
Source: Reuters, "Interpreters in ER may limit medical errors: study," April 17, 2012
]]>The answer to this question can be extremely important for patients harmed by physician negligence: a successful medical malpractice claim can be made only against a doctor with whom you had a bona fide doctor-patient relationship. Yet, to the untrained eye, it can be difficult to recognize what constitutes a doctor-patient relationship.
]]> Courts look to many factors when deciding whether a doctor-patient relationship existed in a medical malpractice case. Was there a contract between the physician and patient? Was the patient billed for the doctor's services, or was a significant examination of the patient's health conducted? Did the physician take some affirmative action in providing care to the patient? The presence or absence of any one of these factors is not determinative; the complete picture will be examined as a whole.In the context of standard interactions between health care providers and patients, it often becomes evident that there was a doctor-patient relationship based on a breakdown of the factors. But, there are a few tricky areas in which the existence of a meaningful doctor-patient bond is not clear-cut.
One problem area is third-party opinions. When some third party (such as an insurer, prospective employer, personal injury attorney or workers comp lawyer) hires a doctor to give an independent opinion about a patient, generally a doctor-patient relationship is not established. However, even in this context, doctors must report any serious or life-threatening conditions they discover or face legal liability.
Advice that passes between doctors and patients solely by electronic means (via telephone or the internet) may or may not establish a doctor-patient relationship. Again, courts will look at the facts of the individual circumstances. If the doctor only provided general, generic or hypothetical advice electronically, it is unlikely a doctor-patient relationship has been established. However, if the physician took an affirmative action to become involved in the patient's care, say, by asking the patient to come for an in person consultation, a court would probably see it as cementing the existence of a doctor-patient relationship.
Needless to say, determining when you are in a doctor-patient relationship is not always an easy feat. But, when it comes to a medical malpractice lawsuit, it is critically important.
]]>Though incidents of nursing negligence in our Illinois homes and other facilities throughout the U.S. are often due to factors including lack of supervision, medication errors and abuse by staff members, negligence can also occur if nursing homes do not create adequate safety plans that address what to do in the event of a natural disaster.
A study by investigators from the Health and Human Services Department revealed many nursing homes are vulnerable when it comes to disasters like a hurricane or tornado. Not only did investigators find gaps in evacuation planning and transporting necessities to patients during evacuations, but investigators also discovered that facilities had inadequate procedures in place to be able to identify patients during and after evacuations.
]]> In its study, the Health and Human Services Department identified facilities in the U.S. that appeared to be in compliance with federal regulations regarding emergency planning and training procedures. Investigators then tested how well the plans worked by looking at nursing homes that had been threatened or overtaken by wildfires, floods and hurricanes.According to the investigation, none of these nursing homes had met the federal guidelines for making sure that patients had access to drinking water for at least seven days after a disaster. Additionally, none of the facilities that were investigated had adequate procedures in place to ensure that patients would receive enough food if they needed to be evacuated from the facility in the event of a natural disaster. Other findings in the report listed many more gaps in emergency plans amongst our nation's nursing homes.
Source: USA Today, "Big gaps found in nursing homes' disaster plans," Ricardo Alonso-Zaldivar, April 16, 2012
]]>Some injuries caused by negligence during the delivery and birth of a child might only have a minor impact on a child and the child's parents. But when medical mistakes lead to cerebral palsy, oftentimes the damage is permanent and severe. Some symptoms of cerebral palsy include: paralysis, inability to control movements, seizures, learning disabilities, or speech, hearing and vision impairments.
While parents may take legal action in order receive compensation for a child's birth injuries, their child will still be forced to live the rest of his or her life with cerebral palsy because there is no cure for the disorder, at least not yet.
]]> In a recent study published in the journal Science Translational Medicine, researchers point out that cerebral palsy is caused when certain brain cells are damaged and inflamed. But then researchers questioned what would happen if they could create a drug that would help to reduce this inflammation in brain cells. Could reducing inflamed cells improve a child's motor and cognitive skills?Researchers tested this theory on rabbits who suffered from motor symptoms similar to the symptoms humans with cerebral palsy experience. Researchers gave anti-inflammatory drug treatments to one group of rabbits and placebo treatments to another group of rabbits that all had problems with motor skills shortly after birth. Treatments were given over a period of several days, and researchers discovered that rabbits receiving the treatments were showing improvements in motor skills. Rabbits receiving the placebo treatments showed no improvements.
Scientists noted that more research will need to be conducted in order to determine whether this type of treatment could help cure cerebral palsy. Right now, the best cure is to make sure that doctors and medical staff take every precaution necessary during the labor and birth of a child in order to avoid causing these types of permanent injuries.
Source: Fox News, "Cerebral palsy drug may offer hope for treatment," Rachael Rettner, April 19, 2012
]]>Part of keeping this quality of care intact is clear communication amongst medical professionals. Without clear communication, doctors are prone to misdiagnose patients, or even fail to diagnose one's conditions all together. A wrong diagnosis or delayed diagnosis can be dangerous because patients could go a prolonged period of time without receiving the proper medical treatment they may need, allowing their ailments to spiral out of control.
This is a sad tale that a female cancer patient is telling in order to caution others about the perils of a misdiagnosis. She first approached doctors about her pain and fatigue in 2007, but it took years before they were able to finally pinpoint the problem, one that she is currently dying from.
]]> After her initial visit to a doctor, the woman made over 50 other visits to doctors and specialists. What turned out to be cancer was initially detected in 2008, but the disease was not treated immediately due to improper communication amongst medical professionals. An MRI in 2008 turned up problematic signs common to cancer within her vertebrae. But a biopsy was never scheduled because a radiologist that administered a bone scan chalked her pain up to degenerative arthritis.The woman's primary doctor assumed she did not have cancer since the other specialists did not indicate so. Doctors even failed to diagnose the problem when she went to the emergency room twice in 2010 in unbearable pain. Doctors injected her with a drug and told her to get rest and exercise.
Once doctors realized the pain was caused by tumors following a November 2010 MRI, it was far too late. The cancer had spread throughout her spine and pelvis.
Sadly, this is a tragic situation that could have easily been avoided had doctors communicated effectively with each other and with the patient regarding her concerning symptoms. Although cancer cannot always be treated effectively, doctors and patients can work together to make sure that the disease is diagnosed in a timely manner to try different forms of treatment that could be effective and could prevent the disease from progressing.
Source: The News & Observer, "The pain of a missed diagnosis," Karen Holliman, April 10, 2012
]]>When doctors started performing the operation, the one surgeon mistakenly punctured the patient's aorta. This caused massive bleeding, but other doctors did not notice that there was a complication until the man's blood pressure began to drop after his operation. Medical staff opened up the man's abdomen again and discovered the lacerated aorta. The laceration was fixed, but the repair was not made in time to prevent the patient from suffering life-threatening injuries.
As the man's health continued to worsen after the laceration was fixed, doctors finally made the decision hours later to transfer him to a civilian hospital. Doctors at the civilian hospital discovered that the man's aorta was not properly supplying blood to his legs and his legs had to be amputated because too much time had passed. Now, if you have been reading our Chicago medical malpractice law blog for awhile, you might assume that this man could be entitled to a medical malpractice settlement for his injuries, but according to a U.S. doctrine and previous Supreme Court rulings, military doctors cannot be held liable for their medical mistakes.
]]> The Feres Doctrine, which was enacted in the 1950s, protects the government from negligence claims filed by members of the military. The doctrine claims that due to the nature of the military and the nature of the activities service members participate in, the military cannot be held liable for deaths or injuries believed to be caused by negligence. This includes deaths and injuries of service members that occur outside of combat.However, the man is now challenging the Feres Doctrine and is pursuing a lawsuit against the government. The man's attorney claims that this doctrine is "extremely unjust" and that military members have a right to be protected in instances of medical malpractice. The man is seeking more than $30 million in damages. He claims that he still suffers from physical pain and mental anguish over the botched surgery.
Source: Star-Telegram, "Former airman sues U.S. after losing legs to botched surgery," Chris Vaughn, April 1, 2012
]]>In March 2010, one couple who was prepared give birth to a healthy baby and bring their child home soon after were not so fortunate to share those joyful moments together that many other parents get to experience. Instead, complications arose while the mother was in labor that she claims were not addressed or treated properly by medical staff. As a result, the couple's baby suffered serious birth injuries and had to remain hospitalized for nearly a month before the parents were able to bring their son home. When their son turned one last March, a doctor told the couple that their child might also suffer from a form of cerebral palsy as a result of his birth injuries.
]]> The child's parents are now filing a lawsuit against the hospital where the child was delivered and several of its employees. The parents claim that their child's injuries at birth and the child's current medical condition is a result of negligence. The mother claims that had her child's heart rate been monitored properly while she was in labor, her son would have never been born with serious health complications.According to the lawsuit, the mother experienced a normal pregnancy and her doctor had given her permission to have her baby induced at 38 weeks gestation. The doctor explained the procedure for the induction at the hospital as well as the medications that would be used to help induce labor. The woman allegedly expressed some concern regarding the medications that would be used, but her doctor assured her that the medications would not cause any complications when inducing labor.
After inducing labor as the doctor explained, a fetal heart rate strip indicated that the unborn baby's heart rate was slowing down, signifying that there was a complication and that the baby was in distress. Doctors attempted to expedite the delivery of the baby by using several different methods before finally opting to perform a Cesarean section. For about 40 minutes, the baby's heart rate was slower than normal before he was finally delivered.
After the child was born, the baby was transferred to another hospital to receive proper treatment for severe brain injuries. The parents are now seeking damages in excess of $75,000 for their son's injuries, medical expenses and suffering.
Source: The Dodge City Globe, "Medical malpractice suit filed against two physicians, hospital," Eric Swanson, March 10, 2012
]]>A misdiagnosis of cancer is an especially dangerous mistake that doctors are capable of making if they ignore a patient's symptoms or if they fail to thoroughly investigate what could be causing their patient to experience abnormal health problems. Failing to diagnose cancer prevents a patient from receiving life-saving treatment he or she may need before the disease progresses and becomes fatal.
In 2005, a famous chef visited a dentist in the Chicago area because he noticed that he had a lesion on his tongue and it was causing him to experience pain. Despite the man's pain, a biopsy was not ordered by the dentist. Two years later, the chef was diagnosed with stage 4 tongue cancer.
]]> Medical malpractice lawsuits were filed against the dentist and another Chicago dentist who both failed to diagnose the man's cancer before it had spread to his neck. The lawsuit, which was filed in 2008 in Cook County Circuit Court, argued that the dentists were negligent because they had failed to order biopsies when treating the patient. Had the biopsies been performed, the results would have indicated that the man had tongue cancer. Instead, the disease went undiagnosed for nearly two years and spread to other parts of his body.Despite the grim stage 4 diagnosis in 2007, the chef's cancer is now in remission after undergoing chemotherapy and radiation treatments.
Although one of the lawsuits was set to go to trial, it was reported earlier this month that the lawsuits filed against both of the dentists have been dropped by the chef. One lawsuit was dropped after the chef reached a settlement with one of the dentists. The second lawsuit was dropped after the other dentist admitted a certain level of liability in misdiagnosing the man's tongue cancer.
Source: Crain's Chicago Business, "Grant Achatz drops malpractice suits after four-year battle," Lorene Yue, Mar. 22, 2012
]]>Although miscarriages commonly occur during the early stages of pregnancy and do not affect a woman's health, some women may need to undergo surgery if the miscarriage occurs after the first trimester of pregnancy. This may be a physically and emotionally difficult experience for women, but in many cases, women are able to get pregnant later on and raise happy and healthy children.
After experiencing a miscarriage in her second trimester of pregnancy, a school teacher in Michigan had to undergo a routine dilation and curettage operation. The woman looked forward to becoming a mother again someday, but when the surgery was performed, a mistake was made that almost prevented her from being able to have children.
]]> To prepare for the D&C operation after her miscarriage, the 27-year-old woman was given a treatment to dilate her cervix. But on the morning of her surgery, doctors discovered that her cervix had not dilated properly. To continue with the procedure, the lawsuit states that a doctor gave a surgical resident permission to expand the woman's cervix without making sure that the woman agreed with the decision. During the D&C operation, the surgical resident mistakenly perforated the woman's uterus. Instead of using an ultrasound to ensure that the doctor fixed the resident's mistake, the doctor caused further injury that required a rectal surgeon to safely finish the procedure.The lawsuit claimed that the mistake not only caused injuries that almost prevented the woman from ever being able to have children, but the injuries have also prevented the woman from being able to return to working full-time as a school teacher.
The woman was informed about the risks of the routine procedure after her miscarriage, but the lawsuit argued that the woman never gave consent to allow a resident to assist with the procedure and the surgeon performing the operation failed to take measures to ensure that the resident's mistake was fixed correctly.
Recently, a jury awarded the woman with a multi-million dollar settlement for her injuries, pain and suffering. Although it was unfortunate that the woman had to have this happen to her, she stated that she is glad that she has been able to have children since the terrible surgery.
Source: Outpatient Surgery Magazine, "Michigan Teacher Awarded $2.5M After Failed D&C," Daniel Cook, Mar. 5, 2012
]]>More shockingly, 10 percent of doctors said they had lied to patients and 20 percent stated that they failed to tell patients of medical errors for fear of medical malpractice lawsuits.
While doctors may have well-intentioned, or not-so-well intentioned, reasons for not telling patients the full truth of their conditions, prognoses or treatments, Time references other studies that have repeatedly shown that patients would rather hear the truth and be fully aware of their situation than have a doctor candy coat the realities faced.
Medical errors can have disastrous results, but covering up mistakes made will only compound the situation and erode the doctor-patient relationship.
Source: http://healthland.time.com/2012/02/09/white-coats-white-lies-how-honest-is-your-doctor/
]]>While patients and their families would like to believe that all doctors are highly skilled and take every precaution necessary to prevent malpractice, a new study of alcohol dependency among surgeons may give patients and their families little comfort. It reveals that approximately 15 percent of surgeons who responded to the survey reported behavior or symptoms indicative of a drinking problem.
The survey was sent to 25,000 licensed surgeons. Approximately 1,112 of the 7,197 responding surgeons provided answers indicating that they have an alcohol dependence or abuse problem. Twenty-six percent of women who responded to the questionnaire had alcohol dependency issues while among men the figure was a lower 14 percent.
]]> Researchers summarizing their findings concluded that such alcohol abuse constitutes a significant problem and could interfere with a surgeon's ability to operate on a patient without making a serious or fatal error. Although errors caused by impaired surgeons are estimated to affect only one in 10,000 patients, no patient should ever be at risk of becoming a victim of medical malpractice because his or her surgeon was too impaired to perform the surgery safely.Some commentators noted that researchers received a low rate of response to the questionnaire. Some argued that this meant that the study's results may not accurately reflect the surgical profession as a whole and alcohol dependency problems may actually affect fewer surgeons in the U.S. than the study suggests. Others wondered whether the rate of alcoholism might not be even higher than reported, as some surgeons with alcohol problems might be ashamed or fearful about reporting their problems.
U.S. surgeons are not routinely screened for alcohol or drug abuse. However, such screening is common in other professions where impaired performance may have an impact on public health or safety.
Source: Medical Daily, "Study Reveals that 15% of Surgeons Have Alcohol Dependency," Christine Hsu, Feb. 23, 2012
]]>Many doctors in Chicago and throughout the entire country understand how their actions can make lasting impacts -- both good and bad -- on patients, and they take their professional responsibilities seriously in order to provide their patients with effective and quality care. However, some doctors may forget that quality care also includes honoring a patient's privacy. Medical malpractice can certainly cause undue physical or emotional harm to a patient and his or her family, but failing to protect a patient's private information could also cause damage.
According to a recent report released by the Ponemon Institute, hospitals and other medical clinics are not focusing enough of their efforts on making sure that patients' electronic records are safe and secure. If these records get into the wrong hands, a stranger could have access to one's Social Security number, family medical history and other personal information from one's medical records.
]]> Since 2009, it is estimated that information from about 19 million personal medical records have been obtained from security breaches at medical facilities. The U.S. Department of Health and Human Services has been aware of nearly 400 major breaches since 2009. The agency said that thousands of other minor breaches occur each year in the U.S. What is concerning about these breaches is that medical records contain a great deal of personal information that can be used in many different ways such as illegally obtaining prescriptions under someone else's name or making one's information public on the Internet.According to the Ponemon Institute, many of these breaches are a result of hospitals and clinics simply lacking proper security features or knowledge about storing electronic records. Many doctors use smartphones but don't have safety features installed to protect information on their phones if they lose the devices or if the devices are stolen. Sometimes employees at hospitals and clinics mistakenly give out information they were not supposed to give out.
Source: USA Today, "Data breaches put patients at risk for identity theft," Robin Erb, Feb. 12, 2012
]]>The state of Illinois ranks 20th in the nation compared to other states regarding the rate at which serious disciplinary actions are taken against bad doctors. In one instance, a doctor with an Illinois medical license previously had an Oklahoma medical license revoked because of sexual misconduct. He was also convicted of a felony for a violation of controlled substance laws and he was barred from participation in federal medical programs such as Medicare as a result. He was involved in the settlement of approximately six medical malpractice lawsuits.
]]> These and other problems with this physician could have been detected by Illinois regulators, critics allege, if they only monitored the National Practitioner Data Bank, an entity authorized by federal law for the purpose of preventing such problems from remaining undetected when doctors move to practice in different states. But Illinois does not regularly use this information source. Over the last 20 years, 215 physicians with Illinois licenses have had actions taken by hospitals or managed care organizations restricting or revoking their privileges, with no actions then taken by the Illinois licensing authority.Illinois regulators claim that they cannot afford the $4.75 per inquiry fee it costs to investigate a doctor who has been entered into the database. Regulators also stated that the process to take disciplinary actions against doctors could take months. Critics say that this puts Illinois patients at risk of serious medical malpractice or abuse like sexual assault at the hands of these doctors, all to save a few dollars. Many other states afford this fee by increasing the costs of medical licenses.
Source: Chicago Tribune, "Illinois urged to investigate doctors with tainted records," Deborah L. Shelton, Feb. 11, 2012
]]>A study conducted from federal data and an analysis by USA TODAY reveals surprising facts about the issue of nursing home care. A total of 51 nursing homes in the state of Illinois received a rating of one star from the federal government between 2009 and 2011. The rating means that these facilities are way below average in terms of care provided to patients when compared to other nursing homes in the state. The federal rating system began in 2008 and rates facilities from one to five, with five being the best.
]]> The reasons for the poor ratings are sometimes due to unlicensed caregivers, negligence, a new director or administrator of the home, cleanliness issues and other issues at a facility that raise safety or health concerns.Some nursing homes that routinely score low accuse the rating system to not factoring the complex care requirements their residents need and others accuse the system of being outdated.
One way the system allows for homes to improve ratings include decreasing the number of staff turnover. This gives the nurses the chance to better understand each resident's needs and schedules as they work at the same facility for a longer period of time. Keeping the same nurses and substitutes responsible for the same patients can also help instead of routinely switching a nurse's patients. In addition, homes can focus on ways to improve the quality of life for its patients in order to provide a better and safer facility for residents.
Failing to take this rating system seriously could cause nursing homes in Illinois to overlook some obvious or important changes that could be made in order to improve the quality of care being provided to patients. Failing to address any concerns could ultimately lead to negligence and harm the health of residents.
Source: USA Today, "As nursing home care improves, some problems slow to mend," Paul Monies, Feb. 10, 2012
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