Articles Posted in Medical Malpractice

Many surgeries performed across the country are truly lifesaving. One type of surgery that has helped many people in New York is known as bariatric surgery. This type of surgery, commonly known as weight loss surgery, helps a person lose weight and regain their health. Probably the most well-known of these surgeries is the gastric bypass, although there are quite a few others such as the laparoscopic adjustable gastric band, the duodenal switch, and the sleeve gastrectomy. Some of these surgeries are purely restrictive, meaning the surgery physically limits the amount of food a person can eat, while others use malabsorption in order to lessen the amount of nutrients and calories that are absorbed by the body.

Although the benefits of these surgeries are plentiful, especially when you consider the risks associated with staying morbidly obese, the surgeries definitely have their share of risks as well. As is the case with many major surgeries, a patient could experience s such as blood clots, infections, excessive bleeding or leaks. In the worst case scenario, a patient may pass away due to these complications.

Bariatric surgeries also have a handful of long-term complications such as hernias, bowel obstructions, ulcers and stomach perforation. Because of these types of short-term and long-term complications, it’s vital that the surgeon is well-trained and understands the possible risks each patient may face. If a surgeon and his or her staff members fail to properly assess a patient before, during or after surgery, complications may occur. If a surgical error caused a complication for a bariatric patient, it may be wise to examine the possibility of filing a lawsuit in order to cover any expenses incurred.

Some? None? More?

When it comes to breast cancer screening for women in New York and across the United States, the accepted guideline seems, well, anything but accepted.

In fact, discussion simply seems to lead to more questions.

Generally we don’t think about medical care in New York’s prison system. It is not a common topic that we see on news reports; and because of this, it is like prisoners are out of sight and out of mind. Despite this, prison inmates can still be victims of medical malpractice just like people in our own communities.

The story of a former Pennsylvania prison inmate exemplifies this notion. The inmate had complained about bowel problems while in custody and underwent an upper GI tract diagnostic test by an outside company. The technicians reportedly misread the diagnostic report and they failed to identify an abnormal gastric mass lesion. 

This problem led to the inmate’s conditioning worsening, which then led to him needing to have blood transfusions to alleviate the problem. As such, the inmate has initiated a lawsuit against the company that performed the test, alleging that it willfully sent a technician who lacked the experience in conducting such diagnoses, and that the delayed (and ultimately incorrect) diagnosis led to the inmate’s further health problems. The inmate alleges that he suffered intense pain, emotional distress and increased risk of serious harm due to the misdiagnosis.

A recent article in Becker’s ASC Review took a look at a number of interesting facts surrounding medical malpractice litigation, including statistics on the incidence of medical malpractice claims, average payouts, which specialists are most at risk for litigation, and inconsistencies in settlement agreements.

One point in the article particularly caught our eye, and that was a reference to a 2003 article published in BUMC Proceedings looking at the most common reasons patients file medical malpractice lawsuits. According to that article, the top four motives for filing medical malpractice suits are: to prevent a something similar from happening again; to obtain an explanation of how the injury occurred; to gain financial compensation; and to hold a negligent physician accountable. 

Although the reasons for pursuing medical litigation largely break down to these four basic motives, there are a variety of specific reasons why an injured patient might do so. Having a good reason to pursue such litigation is not enough, though. One must also have a strong case and that is likely to result in a payout that outweighs the costs of pursuing litigation.

All patients hope they will have a good relationship with their physician. Unfortunately, problems can sometimes come up in a doctor-patient relationship. 

Recently, a Consumer Reports article pointed out some of the more common doctor-patient relationship problems that can arise. Here are the problems the article highlighted:

• A doctor ignoring patient input in their decision making.
• Disorganization at a doctor’s office.
• A doctor withholding relevant information.
• A doctor giving off the impression of not respecting a patient.
• Poor communication between a doctor and patient.
• A doctor discouraging second opinions. 

Problems with a doctor-patient relationship can be very damaging. They can seriously erode the relationship between a patient and their doctor, which can have major negative implications. It could lead to a patient not fully trusting a doctor and their recommendations. It could also result in a doctor not being as engaged in a patient’s care as they should be. A doctor not being properly engaged in a patient’s care could increase the chances of mistakes occurring in connection to the care. Thus, doctor-patient relationship problems could have serious patient safety ramifications.  

A physician who practices in Baldwinsville who has been accused of sexually assaulting a patient will reportedly not fight the state’s efforts to rescind his medical license. The doctor recently signed a consent agreement with the New York State Board for Professional Medical Conduct that calls for him to turn in his license to practice.

The Board had sought to terminate his license after accusing him of practicing with negligence on several occasions. In August, his license was suspended after he was found to pose an “imminent danger” to patients. The suspension came after he was charged with third degree rape after he allegedly tried to have sex with a female patient. 

The Board also found that the doctor had inappropriate contact with several other female patients between 2005 and 2015, including kissing and hugging unwitting patients, putting his tongue in their mouths and groping their clothed thighs and breasts.

The old business adage “if you are in business long enough, you are likely to be sued” may have some truth to it. Depending on the industry and complexity of the business, mistakes can and will be made. At the same time, the health industry has some of the same risks; especially when it comes to diagnosing ailments and conditions. According to a recent report, because of the sheer number diagnoses and the complexity of delivering care within the current system, it is only a matter of time before a critical mistake is made.

The Institute of Medicine’s report outlines a system wide problem, which includes surgical centers, outpatient facilities as well as doctors’ offices. This means that medical negligence is not confined to hospital errors and surgical mistakes; which is what is often reported in the media. 

Additionally, the exact number of mistakes with regard to diagnoses is unknown, but it is estimated that diagnostic mistakes affect more than 12 million adults each year. This likely contributes to the number of deaths experienced in hospitals each year as well. What’s worse, the data on diagnostic mistakes is quite sparse, which makes potential improvements to health care delivery problematic.

The decision to bring a medical malpractice lawsuit is not always an easy one. For those who have been continually in and out of hospitals for various illnesses, the prospect of confronting doctors is something that they may not want to deal with. Others may feel as if no one will believe them, because doctors have such a seemingly impenetrable reputation in the field. Because of this, there are some people who have been mistreated by physicians who believe that a medical malpractice suit will not make any difference.

The irony is that medical malpractice lawsuits are brought so that people who are mistreated and sickened can have a voice. These actions are important in holding doctors who fail to use reasonable care accountable for their actions. We believe that when unscrupulous doctors answer for failing to use due care, the medical system gets better. There is no better deterrent to malpractice than a lawsuit. 

With this in mind, people who are living with botched procedures, have been cast aside after having terminal diseases misdiagnosed or have suffered through prescription mistakes should know and realize that they have legal rights; and the prominence of a particular physician should not matter when it comes to asserting those rights.

The increased use of body cameras by police agencies across the United States has been a hot button issue in 2015. Some departments may see it as an expensive proposition to protect what the integrity of their work when it is not necessary, while civil rights groups believe it will level the playing field when making excessive force claims.

This new use of cameras may also find its way into the medical field in protecting doctors against medical malpractice cases. The use of cameras in surgical rooms may become mainstream as state legislatures contemplate how to procedures could be recorded and preserved. 

In New York, such a law is being proposed. It is named “Raina’s Law” after 19-year old Raina Ferraro who went into cardiac arrest after the negligent application of anesthesia during a surgery.

Imagine for a moment that you work in a neonatal care unit. A baby has just been born, but with some complications. You and your fellow medical professionals need to take care of this baby, as well as myriad other babies, that are in your neonatal care unit. So, here is the question: since this baby was just born and the parents haven’t decided on a name yet, how do you identify this baby? In fact, how do you identify all the babies? What naming protocol would you come up with?

Most neonatal intensive care units (NICUs) use a simple and generic naming protocol with names such as “babygirl” and “babyboy” being augmented with numbers to identify each baby. These names are put on wristbands that are then put on the babies. One study found that about 80 percent of NICUs use this type of simplified naming to identify patients.

But here’s the problem with this naming structure: all the patients wristbands start to look the same, even with the differentiating number. And, as a result, it is far easier for medical professionals to make mistake and incorrectly identify the patients.