Dallas Personal Injury Lawyer - Medical Malpractice - Most Commented

The Power of Apology

Jeff Rasansky — Mon, 23 Mar 2009 11:57:05 GMT

One of the first lessons a child learns, after the use of “please” and “thank you” is “I’m sorry.” And in the development of a legal claim, “I’m sorry” can often correlate not with the expression of sympathy, but with the expression of wrongdoing.

Thirty-three states currently provide a form of protection for actors who apologize during the course of an injury or civil claim, though the protection varies from state to state. In Texas, for example, apology is limited to the expression of sympathy or compassion in civil cases – any expression of negligence or culpable conduct pertaining to the accident or event is admissible to prove liability.

What does this mean: saying “I’m sorry” is inadmissible; saying “I’m sorry, it’s my fault” is admissible.

Where people get in trouble: saying “I’m sorry, I didn’t see that red light.”

But where the apology rule has made ripples is in medical malpractice claims. At the University of Michigan, an apology policy was adopted to acknowledge preventable errors. Between 2001-2007, existing claims and lawsuits dropped from 262 to 83, and legal costs fell by two-thirds. Patients were compensated without the perceived need of the legal system, though the door remains open for negligence and malpractice claims.

Seems honest explanations, genuine apology, candor, and fair compensation for the harm a patient suffers might be a piece of the medical malpractice puzzle.

Originally posted at InjuryBoard by Jeff Rasansky

Dallas Malpractice Attorney: Jury Awards $7M In Medical Malpractice Case

Jeff Rasansky — Fri, 19 Dec 2008 15:39:52 GMT

A jury has brought back a verdict in a Westchester County Medical Center case, awarding $7 million dollars to a family in a medical malpractice case. Theresa Capwell was a mother of three who suffered severe brain damage and later passed away after medical professionals failed to diagnose her inflammed pancreas, according to her attorney, Judith Livingston.

Livingston says that after the doctors failed to diagnose the condition, they still had several opportunities to save Capwell. A White Plains jury returned the verdict against the medical center to Supreme Court Justice Nicholas Colabella after a 3 week trial and 24 hours of deliberations. It awarded $3 million to Capwells three daughters and $4 million to her husband.

Livingston claimed that Capwell was admitted to the hospital with symptoms that clearly indicated pancreatitis, but doctors looked for cancer that simply did not exist for two weeks. As a result, Capwell was placed on a breathing machine. The breathing machine caused a buildup of air in her lungs, preventing her lungs from expanding and contracting, therefore preventing oxygen intake.

Several doctors ordered a chest tube to help her breath, but it was never done. As a result Capwell ended up going into cardiac arrest and her brain went without oxygen for 12 minutes. She died a year later after living in a completely incapacitated state.

The medical center released a statement that said they will file a motion to appeal the verdict.

Source: www.nydailynews.com

Originally posted at InjuryBoard by Jeff Rasansky

A Few Notes on Medical Mistakes/Medical Malpractice

Jeff Rasansky — Fri, 06 Feb 2009 15:34:57 GMT

Medical mistakes occur far too often. Exact estimates are difficult to locate, however, it isn't surprising when one looks at the medical industry. Their industry is hurting, now more than ever. They are overwhelmed, complex, and stretched to the maximum.

Several studies have been performed regarding medical errors. A phone survey that was conducted by the National Patient Safety Foundation proved that 42% of people believed that they may have experienced a medical error personally, or one may have happened to their friend. This is simply not acceptable!

Common forms of medical malpractice include birth injuries (such as cerebral palsy), items left inside of a person following surgery and unnecessary surgery are all forms of medical malpractice.

Other forms of malpractice include:

Failure to properly diagnose a disease or illness.

Failure to properly monitor patients.

Failure to properly treat the diagnosed disease.

Surgical errors including wrong-site surgery or anesthesia errors.

Failure to fully inform the patient of the risks of certain procedures and surgeries.

Misuse of prescription drugs.

Improper use of medical equipment or implants.

Many people don't realize that doctor's aren't the only medical professionals who patients can sue for medical malpractice. Most health care providers such as chiropractors, therapists, nurses, psychologists and dentists are subject to this sort of legal action.

If you or someone you care about has been involved in a medical malpractice situation, please don't hesitate to contact us. You have a right to legal compensation!

Originally posted at InjuryBoard by Jeff Rasansky

Medical Malpractice Attorney in Dallas: What You Should Know

Jeff Rasansky — Tue, 02 Dec 2008 17:55:12 GMT

Not everyone can afford to spend dollars on pursuing their cases in courts. However, lack of money should not become a deterrent in getting justice. That’s why there are medical malpractice settlements.

Medical Malpractice Settlements VS Jury Verdicts

Medical malpractice settlements feature two kinds of awards – compensatory damage awards and punitive damage awards. The compensatory awards refer to the financial compensation provided for medical bills, lost income related to injury causes, and other expenses. Besides, you may also get compensation for the pain you or your family member had to undergo due to the medical negligence. This is called non-economic awards.

Punitive damages awards are different and not provided often. They actually involve punishing the accused health care provider. This happens in cases of extreme or deliberate negligence on the part of the medical provider. However, for this, you need a highly competent medical malpractice lawyer who can prove the wrongful act of the doctor in question. It’s very expensive going to court nowadays. Therefore, people prefer out-of-court medical malpractice settlements. Through such settlements, lower amounts are awarded without the high costs of going to court.

Remember, lawsuits related to medical negligence are often accompanied by many complexities. Therefore, you need to gather all possible resources to build a strong case. Certain states have set a limit to the money that can be awarded as compensation in a malpractice lawsuit. However, this statute of limitations is under debate currently. So, if you don’t wish to go to court, opt for medical malpractice settlements.

Have you or someone you care about been the victim of medical malpractice or negligence in the Dallas/Ft. Worth area? If so fill out the form to the left of this blog, and someone will contact you right away. Our medical malpractice attorneys will evaluate your case for free and you will be on the road to justice.

Originally posted at InjuryBoard by Jeff Rasansky

Man Dies in North Carolina Hospital

Jeff Rasansky — Thu, 21 Aug 2008 17:36:50 GMT

A 50-year old patient died in North Carolina after workers left him in a chair for 22 hours. Nobody helped him to the bathroom or even fed him, they just left him there. This case is alarmingly similar to the case of Esman Green, a woman who was videotaped as she shook on the floor for an hour before anyone came to check on her. Green died at Brooklyn’s Kings County Hospital Center on June 19.

A report found that the patient in Goldsboro, North Carolina died after he choked on medication and was left alone for almost a whole day at Cherry Hospital. The staff was even watching television and playing cards while he died!

Department of Health and Human Services spokesman Tom Lawrence said that the state has a deadline of August 23 to file a report with the Centers of Medicaid and Medicare Services.

When events like this happen, it is not uncommon for officials to try and sweep it under the rug. In the case of Esman Green, records were falsified in an attempt to cover things up. Six people were fired as a result of their failures.

What would you do if your loved one was left to die while people sat and played cards? No one should ever die this way and it is appalling to think that

Originally posted at InjuryBoard by Jeff Rasansky

Hospitals Adopting Non-Bill Standards for Medical Errors

Jeff Rasansky — Wed, 13 Aug 2008 14:55:47 GMT

Hospitals around the country have come together to say they will no longer bill patients for their medical mistakes. Tennessee is one state out of 23 that has approved the non-payment policies for mistakes, with at least three more expected to follow suit.

The remaining 24 states have yet to implement this policy. This leaves many of the patients and family members who have run into this problem stunned. 67-year old Blake Oliver died last year in a Florida hospital after they mistakenly gave him type A positive blood instead of type O during a transfusion.

His sister is irate.

“With something this horrific, whether they’ve operated on the wrong person or removed the wrong finger, they shouldn’t expect reimbursement,” she said.

A July study by a federal agency found that preventable errors that occur during or after operations might be costing employers almost $1.5 billion a year!!

The idea to eliminate payments for these errors has gained a lot of press lately. MSN reports that Medicare will no longer be paying hospitals for the extra costs of treating certain injuries, infections and complications that occur after being admitted.

Simultaneously, many of the nation’s biggest insurance providers, such as Cigna, Aetna, Blue Cross Blue Shield and others, have declared that they will no longer be paying for these mistakes.

Some hospitals have always had a policy of waving fees. Officials in many states have been voluntarily adopting this policy for years. Others have told the press that they started paying more attention after their states took on the non-payment plans.

Originally posted at InjuryBoard by Jeff Rasansky

Patient Safety Errors Kill More Than 238,000

Jeff Rasansky — Tue, 08 Apr 2008 14:23:41 GMT

The deaths of 238,337 U.S. Medicare patients from 2004 through 2006 could have potentially been prevented if not for patient safety errors. The total number of deaths among patients who had been vicitm to one or more patient safety incidents was 270,491. As if the human life cost wasn't enough, these errors cost the Medicare program $8.8 billion.

The information was released today as part of the annual Patient Safety in American Hospitals Study. Typical medical errors included bed sores, failure to rescue, and post-operative respiratory failure. Other interesting statistics found include:

- The overall medical error rate was 3 percent for Medicare patients, or 1.1 million patient safety incidents in the three year span.

- Of those patient who were victim to a patient safety incident, 20 percent died as a result of the incident.

- Though the overall death rate of patients who died as a result of patient safety incidents fell, post-operative respiratory failure, pulmonary embolism, spsis, and abdominal wound separation and splitting increased.

The top-ranked hospitals had fewer errors, but were not exempt from problems. That said, if at a minimum all hospital performed at the level of those in the top rankings, records found that more than 220,000 patient safety incidents could have been avoided, 37,214 death prevented, and $2 billion saved.

Those all may just seem like numbers, but these are people's lives. Perhaps more frightening is the fact that the media headlines focus more on the monetary cost - not the number of lives taken as a result of medical error.

If you or someone you know has been the victim of medical mistakes, contact a medical malpractice attorney to discuss your rights.

Originally posted at InjuryBoard by Jeff Rasansky

Drug Mistakes Affect 7.3 Percent of Hospitalized Children

Jeff Rasansky — Mon, 07 Apr 2008 10:59:27 GMT

A new study released in the April edition of Pediatrics found a rate of 11 drug-related harmful events for every 100 hospitalized children - with some children affected by more than one such mistake. Studying the charts of children hospitalized in 12 children's hospitals nationwide to identify potential triggers - notes that indicate possible drug-related harm, the study analyzed the use of antidotes typically given for drug overdoses, suspicious side effectsm and results on lab tests.

More than half of the problems were related to overdoses and allergic reactions from powerful painkillers like morphine. About 22 percent of the problems were considered preventable. This comes shortly after the incident involving large heparin overdoses given to actor Dennis Quaid's twins in November.

While this monitoring method is a step up from traditional voluntary error reporting and generalized chart review, experts say the true number of such medical mistakes is probably higher as the study didn't include general community hospitals. Researchers are seeking a more comprehensive approach to identify, and in essence prevent, such problems in the future. Most parents are unaware of the prevalence of medical mistakes involving drug use. According to the Associated Press Story, Quaid recommends that all parents play an active role in their children's medical treatment, which includes questioning any drugs administered by medical professionals.

Contact a medical malpractice attorney if you or your child has suffered injury as the result of medical mistakes.

Originally posted at InjuryBoard by Jeff Rasansky

Painkiller Theft Causes Hepatitis at Military Hospital

RLF Staff — Wed, 26 Mar 2008 13:32:57 GMT

Ex-nurse and retired Army captain Jon Dale Jones is believed to have spread Hepatitis C to 15 military service members or their relatives at El Paso's William Beaumont Army Medical Center by diverting painkiller from the patients to himself. Though details are unclear, an outbreak of Hepatitis C was reported at the hospital in 2004, and Jones tested positive for the blood-borne disease. It wasn't until after Jones left the center in the summer of 2005 that the Centers for Disease Control (CDC) linked Jones to the outbreak because he and the 15 infected patients shared the same strain of the disease.

Though the Texas Board of Nurses was notified as to Jones' infection, his license was not removed nor were there records of disciplinary action against him. Additionally, he had moved from El Paso to Washington D.C. and later to Florida, and complaint information is not often shared between states before all allegations are internally investigated. Jones was indicited Feb. 27 by a federal grand jury in El Paso on charges of assualting three of the patients and possession of a controlled substance by fraud. There are no facts yet involving how Jones allegedly obtained the fentanyl, an anesthesia used in surgery, from the patients or how he transmitted the disease, but he denies the use of dirty needles.

Read the full Associated Press Story.

Stories like these are obviously disturbing. These types of cases demonstrate the need for hospitals to constantly engage in peer review proceedings, as well as other administrative review, to assure the general public that the quality of care in hospitals and other facilities is appropriate, and being given by appropriate individuals. Contact a medical malpractice attorney if you or someone you know has suffered injury or loss due to inappropriate or negligent medical care.

Originally posted at InjuryBoard by RLF Staff

Teen Dies After Routine Breast Procedure

RLF Staff — Wed, 26 Mar 2008 09:40:27 GMT

About 24 hours after a routine corrective breast surgery on Friday, an 18-year-old Florida teen passed away. Two hours into her surgery, Stephanie Kuleba was rushed to the Delray medical Center to correct asymmetrical breasts and inverted areola, according to the Associated Press news brief.

There is little additional information at this time and the family's attorney said Tuesday that it was too early to determine whether or not legal action would be taken in the case. We will try to keep you updated as this story develops. In the meantime, if you or someone you know has suffered injury or even death as a result of medical mistakes, contact a medical malpractice attorney to discuss your legal options.

Originally posted at InjuryBoard by RLF Staff