Posts Tagged ‘ medical malpractice ’
Tort Reform Video Takes it Too Far–or Right on the Money?
January 24th, 2012. By AbiK
Was clicking around on some attorney blogs, and came across this gem—a rendering of what tort reform could look like for medical malpractice. Clearly it’s a bit over the top in a number of ways–but the point is there. And sadly, it takes a dramatization like this in order to crystallize key points buried in tort reform legislation.
If you’re wondering what the HR 5 bill is, it’s aim is to “improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” That’s the aim. And it all sounds good—until you start to read and understand what it all might mean to you or your loved one should you find yourself in need of a personal injury attorney.
Oh, and note to self: phrases on a government bill such as “sharing of information” should always pique one’s interest…
Week Adjourned: 8.19.11
August 19th, 2011. By LucyC
Top Class Actions
Vita Coco a bit Loco with their Health Claims? A consumer fraud class action lawsuit was filed this week, against All Market Inc., the manufacturer of Vita Coco Coconut Water, over allegations that you ain’t getting what you pay for.
The plaintiff in the lawsuit alleges that Vita Coco products are falsely marketed as “super-hydrating,” “nutrient-packed,” “mega-electrolyte,” “life-enhancing,” and healthy “super-water” that should be regularly consumed to help maintain optimal hydration. In reality, Vita Coco products are no more hydrating than a standard sports drink and, for some Vita Coco products, do not even contain the levels of electrolytes indicated on their nutritional labels.
According to a recent independent study, certain Vita Coco products have nearly 50% less sodium and significantly less magnesium than advertised.
Lawyers representing the plaintiffs state that consumers are paying a premium for a product that simply does not live up to its health claims, and that Vita Coco products do not deliver on their nutritional promises. Well, if the products lived up to the advertising they should be putting that stuff in the tap water!
The lawsuit was filed on behalf of purchasers of Vita Coco products between August 10, 2007 and the present.
Top Settlements
Asbestos Mesothelioma Lawsuits Continue to Rise. These two asbestos settlements total $51 million. Separate verdicts totaling $32 million and more than $19 million were awarded on August 17 in cases involving individuals who contracted asbestos mesothelioma after being exposed to asbestos.
In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al., a jury found Crane Co. and Elliott Turbomachinery Co., responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.
In returning its verdict, the jury determined that Crane and Elliott acted with a reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt.
In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.
The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.
If ever there were an Argument for Being your own Health Advocate… this would probably be it. A man admitted to Temple University Hospital for three severe hypoglycemic episodes over two days, episodes that left him with permanent brain damage—by the way—has been awarded $19 million in settlement of his medical malpractice lawsuit.
The short version of his terrifying story is that after having been released from hospital without a diagnosis or explanation as to why he was suffering from hypoglycemia, Ronald S. Campbell was admitted and subsequently discharged again—and for the last time—at 1:04 am. The middle of the night—or the wee hours of the morning. Whichever you prefer to call it, Campbell’s lawyers argued, rightly, that it was a time when his family would probably be asleep (you think?) and that hospital staff knew that and that Campbell’s family would therefore not able to monitor his condition.
In their defense, the hospital said it met the standard of care in restoring Campbell’s blood sugar to a stable level and noted that he had been previously noncompliant with insulin instructions. Yes—but since when do you discharge people in the middle of the night—and without figuring out what was going on? This whole situation may have been preventable… but instead he has brain damage.
OK. That’s it for this week. See you at the Bar—pool bar most likely.
Should Surgeons be Trusted after All-Nighters?
July 25th, 2011. By Hunter West
Say your doctor was on call all night the night before your scheduled 6 a.m. surgery. Would you still want to go under the knife?
It has long been debated that the effects of sleep deprivation can be just as harmful—and just as much an impairment—as that delivered from alcohol, or drugs. Bottom line: when we’re tired, we screw up.
You run off the road while driving, your reflexes are slower. Worse, when you try to counter the fog in your brain and the yawn on your face with copious amounts of caffeine or other stimulants, you have reflexes unsupported by studied thought—a pure reactive state, with little depth or substance from a sleep-deprived brain straining to carry on with the aid of chemicals in the place of rest.
So why is there not more dialog on this with regard to the medical profession and medical errors?
Recently, the Canadian Medical Association Journal (CMAJ) published an editorial on the sleepy doctor syndrome. Not only did the CMAJ target the problem at the doctor and hospital level, it also called upon legislators to develop national standards in the regulated health care industry to protect patients from sleepy docs.
There is valid reason for this concern.
Beyond the temptation for some doctors to wear sleep deprivation as a badge of honor—or hospitals having to make do with fewer staff amidst the realities of a health care system under siege and shrinking health care dollars—are studies that paint an alarming picture of both where we are, and where we’re headed.
According to a story in the Montreal Gazette (5/25/11), studies have shown a near doubling in the rate of complications when surgeons operate with fewer than six hours of sleep—usually following a night on call.
Those complications have been found to include injuries to organs (a slip of the scalpel), and massive hemorrhaging. Such events can put a patient’s life in immediate danger, or affect their health over the long term.
The doctor, in contrast, goes home to a pillow and beyond feeling regret for the error, is not required to live with the consequences of that error for a lifetime. Unless, of course, a medical malpractice lawsuit is filed.
Mistakes happen, and to err is human nature. But in publishing its editorial, the CMAJ suggested that an already serious problem is about to get worse given the increasing complexities of the health care field. “Unprecedented” demands are placed on a doctor’s physical and cognitive health, as a result.
“Those of us who remain overconfident that we can continue to perform our duties properly with inadequate sleep should imagine the reaction if we were made to seek informed consent from each of our patients to accept treatment under these conditions,” state the authors, adding that working while sleep deprived is neither “normal nor acceptable.”
The authors also point out that—in Canada at least—limits on how long a resident, intern or medical student can go without sleep are not extended to practicing doctors, who often work without supervision and are often older and thus even more susceptible to the effects of lack of sleep.
Such situations are ripe for malpractice lawsuits—and doctors, together with the hospitals that employ them, need to be cognizant of that fact. Errors are unavoidable—but they can me managed and mitigated.
There are already efforts underway in other areas of the health care system. Increasing the use of checks and balances—akin to the checklist in the airline cockpit—helps ensure that the surgeon is operating on the correct patient and is performing the correct procedure in, or on the requisite are of the patient’s body.
Similar-looking labels on drug containers are being changed to avoid confusion in the pharmacy. Lawsuits, together with media scrutiny and public outrage, have helped to motivate the powers that be into action.
What of sleepy docs? Will a spate of lawsuits prompt the health care industry to action beyond mere debate? Lawsuits might be business for the lawyers, and monetary settlements necessary for the affected plaintiffs. But most would prefer to have been spared amputation of the wrong leg, or a scalpel nick that brought on a lifetime of pain or complication, all because the doctor yawned at the wrong time, or wasn’t in total control of his movements just because he was so bloody tired.
Maybe you can collect garbage on a few hours sleep. But I, for one, don’t want anyone going near me with a knife if they might be tired and sleep deprived.
Don’t be a hero. Sign out, go to bed, and let someone else do it. And somebody, somewhere needs to come up with a system that guarantees that.
Should Doctors Tell Patients the Truth to Avoid Malpractice? You Decide
May 3rd, 2011. By AbiK
We get a lot of interesting comments and emails at LawyersandSettlements.com. Why, just yesterday we received an email from someone who claimed to be the “real” Dolly—yes, as in the cloned sheep from 1996, who—I might add—is widely reported to have passed on to that great pasture in the sky in 2003, and apparently on view in all her taxodermic glory at the Museum of Scotland. But no, we have an actual human who’s emailed us and claims to be Dolly incarnate. Who knew?
Be that as it may, we do also receive some more thought-provoking comments—like this one that came in today from Steven.
Honesty may not always be best in a potential malpractice case. Check out this 2 minute video on YouTube showing an actual case history.
Steven claims that honesty may not be the best policy for doctors to follow when the potential for a medical malpractice case is at hand. Steven was responding to an article that appeared on LawyersandSettlements recently titled, “Doctor Says Honesty Is the Key to Expert Witness Testimony“.
I’ve saved you the trek over to youtube, so his video clip is above. Let us know what you think.
My Baby Died from Hospital Infection
April 22nd, 2011. By janem
Often I am asked if I have children and I almost always answer ‘No’. But that’s not true: I had a son and his name was Jarret.
Easter isn’t my favorite time of year. Instead, it is the saddest time for me because seventeen years ago this week, my son passed away from a hospital infection. Jarret was only three weeks old when he died so I didn’t even get to know him.
This is the first time I’ve been able to write about him—it has taken this many years to heal. Of course I will never get over his death, but each year does get easier. And his death was the main reason my husband and I fell apart. My husband wanted to sue the hospital for medical malpractice whereas I just wanted the pain to go away.
I don’t remember exactly what happened surrounding his death because it was like I was down a deep, dark hole and couldn’t get out, or maybe I didn’t want to get out. I remember my family doctor coming over to our house and crying with me; he even suggested that we file a malpractice suit against the hospital. In retrospect, maybe this was the right thing to do; maybe it would have decreased the risk of further hospital infections. I can’t help but think if we did file a lawsuit, would stricter hygiene practices have been put into place sooner? Could we have helped prevent another baby from contracting an infection?
Jarret was a pre-term baby so he was more susceptible to developing an infection. But the doctors assured me that he was doing well and I would be able to take him home soon. He never left the hospital. At three weeks, he developed a staphylococcus infection, which is an antibiotic-resistant bacteria that is very difficult to treat.
Knowing that most hospital infections are preventable, my husband was furious. And now, all these years later, I am finally able to think rationally and I’m angry too. What if Jarret’s infection was caused by a doctor or nurse who didn’t wash their hands?
The number of healthcare-associated infections and deaths in the US is staggering: a study published in the March-April 2007 journal, Public Health Reports, said the CDC estimates that there are 4.5 hospital infections for every 100 patient admissions and nearly 100,000 deaths from hospital infection. One study in the UK found high levels of the MRSA bacteria on ward doors, in corridors and on patient’s toilets and telephones. A hospital administrator said, “About 30 percent of the population are carriers of MRSA. Controlling infection is a huge priority for us.”
I have finally been able to talk about my son without falling apart. Now I’m going to write a letter to the hospital where my son died. I hope every hospital considers infections like MRSA their top priority.
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