Rhode Island Medical Malpractice Lawyer Blog

Sleepy Hollow hospital faces lawsuit for surgical error

2013-05-16T22:27:04Z

When a patient undergoes surgery at a New York hospital, or medical facility, it is the responsibility of that staff to monitor the patient for any sudden changes. Failure to monitor the patient in a proper manner can put that patient unnecessarily at risk, leading to permanent injury and death. Staff should be on the lookout for any sign of a worsened condition such as a drop in heart rate, breathing issues and blood pressure changes.

A malpractice lawsuit filed against a hospital in Sleepy Hollow claims that negligent operating room staff made multiple errors during a simple surgical procedure, leaving a 19-year-old girl with severe brain damage. Apparently the girl had been having pain in her stomach and the procedure was being conducted to see what was causing the pain.

]]> However, instead of being able to leave the hospital, the girl is now in a long-term facility, unable to speak to her parents or even walk. With medical costs already over a million dollars, the family will be asking the courts to decide on an appropriate compensation which can be used to pay for her medical care.

When serious injury in a surgical procedure leaves a patient disabled or unable to care for themselves, often the only option is to hold the surgical staff responsible financially. If the court determines that the hospital staff failed in their responsibility to care for their patient, hopefully it will award the family enough money to care for their daughter through the rest of her life. Anyone who has been injured or has a family member who suffered injury in a surgery may find it beneficial to speak with an attorney.

Source: Source: New York daily news, "Routine endoscopy leads to 19-year-old's 'vegetative state': says suit against Westchester hospital," John Marzulli, May 1, 2013

Misdiagnosis of Hypothyroidism is common for women

2013-05-07T16:25:01Z

While most people in Providence often associate medical misdiagnoses with serious illnesses such as cancer, stroke or heart issues, it is important to remember that a misdiagnosis of any kind can affect the way that a person enjoys life around them. A medical misdiagnosis can result in the wrong kinds of medications being prescribed, which could actually cause the person to suffer additional problems such as depression, mood changes and physical ailments. Therefore it is important for people who believe they have been given a wrong diagnosis to keep searching until they find the right one.

]]> This is especially true for women in their middle age according to one doctor. He says that often doctors fail to diagnose a condition known as Hypothyroidism which is a hormone imbalance that can occur in women. Women are often told that there is nothing wrong with them even though they are experiencing a number of symptoms such as unnatural weight gain, fatigue, depression, hair loss, and low-body temperature.

The doctor claims that often other physicians will put women with this condition on antidepressants which come with a number of side effects and are unnecessary. Once the right diagnosis is found, women are usually able to treat their condition and regain control of their life again.

It is important for physicians to listen to their patients and keep trying to determine what is causing their symptoms rather than settle on something that has nothing to do with it. People who suffer from a delayed misdiagnosis may lose income unnecessarily because of their symptoms and may struggle in relationships with others, causing undue stress and pain. Anyone who has suffered because of a misdiagnosis may want to think about speaking with an attorney.

Source: The Emporia Gazette, “Hypothyroidism: 'Silent epidemic' of misdiagnosis,” April 23, 2013

Surgical errors with robotic arm cited in charges against surgeon

2013-05-04T18:27:38Z

In a recent post, we talked about the concern the Food and Drug Administration expressed over the use of robotic surgeons in relation to surgeon errors. These robotic systems are controlled by surgeons and when a surgeon makes an error in judgment, a routine surgery can become much more complicated. It takes special training and concentration on the part of the surgeon to correctly operate a robotic surgeon. People in Providence may want to examine a robot surgery decision more carefully in the light of the recent action taken against a surgeon.

The surgeon's professional conduct is being questioned after a series of surgeon mistakes were revealed. The surgeon, who contracts with a hospital to conduct kidney removal for donations, was reported to the state's medical board by the hospital in connection with 11 cases involving robotic surgeon mistakes.

]]> In those cases, patients' aortas were nicked and cut, sponges and medical instruments were left inside, an inappropriate artery clip was used, and one elderly patient even died from kidney failure. While the surgeon's attorney defends the care provided by the medical professional, the state's medical board is asking a judge to take disciplinary action in relation to his license.

At least one victim has filed a medical malpractice lawsuit against the surgeon and it is likely that other victims may take similar action, given the recent claims. When someone is injured from surgical malpractice, the effects can be life altering. Any victim of a surgical error may want to consider meeting with an attorney to learn how they can hold a negligent surgeon responsible.

Source: The Denver Post, "Colorado charges doctor in problem-plagued robo-surgeries at Porter," Micha el Booth, April 10, 2013

Becoming more proactive can protect you against medication errors

2013-04-23T14:53:04Z

Every year people die because they have taken the wrong kind of medication. It is common for Providence residents to trust their doctor completely when it comes to the prescription drugs they receive, but pharmacy negligence or a misunderstanding from the doctor themselves, can put people unnecessarily at harm. Overmedication, the wrong dose, and even the wrong type of medication can lead to worsened conditions, new health issues and can even be fatal.

According to the Federal Drug Administration (FDA), patients can avoid becoming a victim of medication errors simply by taking a more proactive role. For instance, some health conditions can be treated with a number of different medications but a doctor may choose to put their patients on a high-risk medication instead of on a drug that is safer.

]]> A university study points out that senior citizens using Medicare Advantage are often given these more dangerous medications, especially in southern states. This can lead to fatal drug errors if patients aren't taking the initiative of monitoring what it is they're taking. Patients can catch some errors simply by doing a little research on the drug they've been prescribed and asking questions. FDA data shows that since 1992, at least 30,000 patients have died from medication errors.

There are multiple kinds of errors that can be made when it comes to a person's medication. While becoming more involved in your drug treatment may not be able to prevent every error, it can lower your risk of becoming a victim. If you have been the victim of a medication mistake, you may want to think about consulting with an attorney to understand your rights.

Source: Consumer Affairs, "How do you know you're being prescribed the right medicine?" Daryl Nelson, April 15, 2013

Concern expressed over robot surgical errors

2013-04-15T19:03:49Z

The effects that a patient suffers from when surgical errors are made can be quite severe. Some patients experience complications such as infections or a worsened condition while others must deal with additional surgeries, unsightly scarring or even permanent damage to limbs and organs. When a routine surgery takes a turn for the worse in a Providence hospital, it can take patients months or even years to fully recover, if they recover at all.

Surgeons are hoping to decrease the number of errors being made by having a robot surgeon take on more intricate operations. While there is a great deal of benefits associated with robot surgery, there is also concern being expressed that the robot is imperfect. In fact, one research paper author says that more mistakes are made by these mechanical surgeons than people know. He did not give further information but have been 500 problems reported in connection to the robot since the beginning of 2012.

]]> One argument by the company who builds and sells the robot, which is the only one of its kind, is that because the robot is now being used by more hospitals than before, the number of errors reported is bound to rise. However, there have been deaths linked to the robot surgeon and this has given the Food and Drug Administration reason for being concerned.

Since the robot is controlled by human surgeons, it seems that the chances of making a surgeon mistake are not entirely eliminated. It is also important to remember that while a robot may conduct the actual surgery, surgical staff can still act in a way that can put the patient at risk. If a patient is injured in a surgical procedure, they may find it helpful to speak with an attorney.

Source: abc 6, "Robot hot among surgeons but FDA taking fresh look," Lindsey Tanner, April 9, 2013

Woman suffers for six years from multiple misdiagnoses

2013-04-09T13:51:57Z

When you don't feel well, you go to see a doctor, believing that they will be able to help you. However, this is not always the case for some Providence residents and for people in other parts of the country. The number of people who suffer because of a wrong diagnosis indicates that this is a growing problem, bringing up the question of why it is so easy for a doctor to get it wrong. After all, there is modern technology and a vast amount of information now available. Is the misdiagnosis problem tied to deeper issues?

For one woman, it took six years, multiple incidents of misdiagnosis from medical specialists in two states, and several trips to emergency rooms before she found out from a Rhode Island doctor that her abdominal pain was caused by an uncommon gall bladder disease. What is surprising is the fact that the woman's mother and aunts had previously been diagnosed with a gall bladder disease and yet none of her doctors would even consider it as a possibility.

]]> While she no longer suffers from pain after the gall bladder was removed, the woman is upset with the treatment she received from some of her doctors. Her pediatrician, especially, would not consider the gall bladder as the root of the problem and one doctor even suggested that the pain was a psychological issue.

When patients' doctors disregard what the patient is telling them, it can lead to medical misdiagnosis and further pain and discomfort. Patients who have been the victims of delayed misdiagnosis may want to consider taking legal action against the hospitals and doctors who failed them.

Source: Washington Post, "Eating made her sick," Sandra G. Boodman, March 27, 2013

Less hours and the same work load increases doctor errors

2013-04-02T16:05:23Z

Some of the most popular shows on television have been about young doctors working as interns in a hospital setting. However, the shows often glamorize a job that is grueling and challenging. In reality, interns at Providence hospitals are expected to work long hours with little sleep, avoid making medical errors and provide the best quality of care to their patients. As more attention is being placed on delayed diagnosis, medication errors, and the increasing number of risks to patients, some wonder if the traditional intern program is really effective.

To reduce doctor errors from being made, intern hours were cut down a bit. However a recently published study shows that there are other factors which need to be examined, and which also contribute to the number of mistakes being made. These factors include workloads, lack of communication when doctors turn their patients over to the next physician and loss of valuable medical training.

]]> Since 2011, interns in emergency rooms have been given 16-hour shifts instead of 24. However, the study showed that the workloads of those interns remained the same. As a result, they admitted committing more medical errors than interns who worked longer shifts. This indicates that hospitals need to make changes that will reduce the amount of patients interns care for during their shift by having more staff on hand.

While there is a shortage of staff in hospitals across the country, it seems apparent that the only true way to reduce the amount of errors being made by interns is to reexamine the entire internship program to ensure that doctors receive the experience and training they need without becoming overloaded. Without a healthy balance, more patients will continue to be victims of medical mistakes.

Source: Time, "Fewer Hours for Doctors in Training Leading to More Mistakes," Alexandra Sifferlin, March 26, 2013

Lawsuit claims surgical error caused permanent injuries

2013-03-30T07:36:03Z

Our last post focused on the difficulties faced when a sponge left inside the victim remains undetected. You may recall that such a mistake can lead to a worsened condition for the patient, often causing permanent damage and serious injuries. Many times, these patients decide to take legal action in order to receive compensation for a surgical error which has resulted in additional medical bills, lost income and a reduced enjoyment of life in general.

A man and his wife have filed a lawsuit, claiming that he was forced to undergo a second operation in order to remove a surgical sponge. The hospital says that the claims are for medical conditions unrelated to the problem. Furthermore, the hospital says it acknowledged the mistake, made a compensatory payment and even gave the man a discount on his medical bill.

]]> The surgery, which was done to repair a hernia, was performed in 2010 and it was unknown how long the sponge sat in the man's body till its discovery. The complications from the sponge included bowel obstruction, infection, pain in the neck and back and even heart palpitations. The wife is suing the hospital for the impact the mistake has had on her relationship with her husband.

It is a well-documented fact that objects left inside the body, especially sponges, can cause a number of additional medical issues, and in some cases, has even led to a patient's death. Such complications can cause patients additional pain and suffering as they try to find out what is causing their illness or pain. Seeking compensation in a civil court can provide financial relief and people who have found themselves the victim of a negligent operating room staff may want to consider consulting an attorney.

Source: Stamford Advocate, "Man claims hospital botched surgery ," Amanda Cuda, March 11, 2013

Thousands of patients experience surgical errors each year

2013-03-19T19:36:25Z

Millions of people are without health insurance but new federal laws are designed to provide health coverage to everyone. As a result, this means that doctors and surgeons in Providence will likely be busier than ever before, and with the rise of patient numbers, comes a higher risk of surgical errors being made. One of the most common errors that can occur with negligent operating staff is leaving surgical sponges and other items inside the body.

However, the fact is that there is technology that is proven to prevent this kind of error from occurring. The technology uses sponges with embedded trackers so that medical staff can easily detect the presence of the sponge inside the body before the opening is closed. Hospitals that use this technology have not had one problem with surgical errors of this type since. The sad thing is that only about 15 percent of hospitals in the country use it, despite the fact that it is relatively inexpensive.

]]> A recent investigation revealed that thousands of patients every year that undergo surgery experience this error, which can cause a worsened condition, permanent discomfort and even death. When a sponge left inside the victim remains undetected, infection often sets in as the body tries to reject the foreign object. Sometimes it can take months and years before the mistake is discovered and by then, often the damage caused is permanent and life-changing.

Because of the commonality of this surgical mistake, hospitals in Rhode Island, and elsewhere should look into implementing technology that would not only save their patients, but save them money from malpractice suits. Patients who have experienced problems from sponges left inside them after surgery may want to think about speaking with an attorney.

Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, March 8, 2013

Doctor error leads to termination of healthy fetus

2013-03-11T19:39:33Z

You often hear people suggest that it is a good idea to get a second medical opinion because some people have been the victims of misdiagnosis. You may even have a friend or family member who went to more than one doctor in Providence after being told that they had a serious illness or health condition. Indeed, it is always a good idea to have a diagnosis confirmed by more than one doctor or health center in order to avoid becoming the victim of a physician error.

A doctor's error led to the termination of a healthy fetus for one woman and to a sizeable medical malpractice lawsuit against the U.S. government. A woman underwent a medical procedure after being told by multiple staff members at an Air Force hospital that she had what is known as a molar pregnancy. In a molar pregnancy there is no fetus. Instead, there is a mass of tissue that can be cancerous and the cancer can rapidly spread, becoming life-threatening to the patient.

]]> Apparently, the doctor and a certified nurse midwife misread the ultrasound. A third ultrasound showed the fetus but the doctor who performed the surgical procedure did not check those results. Consequently, the doctor destroyed the woman's unborn child. A claim for $1.7 million was denied by the Air Force, opening the door for the woman and her husband to file a lawsuit.

The medical errors committed by staff at this hospital seem unbelievable and the woman has been traumatized by her experience. When someone is the victim of such errors, it is important to consider taking legal action. This is not only to obtain some form of compensation but also to bring attention to the matter so that someone else is not a victim.

Source: The Virginian-Pilot, "Pregnancy lost due to hospital error, lawsuit alleges," Elizabeth Simpson, Feb 17, 2013

Rhode Island pondering benevolent gestures bill

2013-03-04T19:52:20Z

Patients generally have a lot of trust and faith in their doctor's skills, and when they are the victims of medical errors, they can be devastated. What sometimes adds insult to injury is the fact that they fail to receive a simple apology from the doctor or some other form of sympathy. While spoken words will not fix a physician error that has caused the patient pain and further suffering, it can help the patient feel reassured that the doctor is a caring professional.

This appears to be the message in a legislative bill introduced in Rhode Island. The representative sponsoring the bill, referred to as the benevolent gestures bill, says that the bill would enable doctors to express sympathy to their patients without legal ramifications; it could not be used as evidence in a medical malpractice lawsuit. Apparently, this type of bill has been introduced before but failed to pass both the state house and senate.

]]> It is unknown if there are any groups that oppose the bill or if it has any support from physicians and the medical industry. If passed, physicians throughout Rhode Island may feel more comfortable in expressing themselves to a patient who has suffered from a delayed diagnosis, illness, or other medical problems arising from treatment.

This does not mean that a victim of medical negligence should not file a lawsuit to obtain financial compensation simply because their doctor apologized to them. The purpose of seeking justice in a court of law is to obtain financial compensation for additional medical costs, pain and suffering, a change in lifestyle, and lost income. For anyone who feels they have been a victim of medical errors, they may want to consider meeting with an attorney to discuss their legal options.

Source: WPRI Eyewitness News, "Bill would let doctors say "sorry"," Darren Soens, Feb. 18, 2013

Medication errors raise concerns of healthcare electronic systems

2013-03-01T19:17:12Z

Every day, more and more healthcare providers and institutions in Rhode Island and throughout the U.S. are using electronic systems for record keeping. While many praise the implementation of electronic records, some say that the potential of widespread prescription mistakes is increased. The wrong code selected or a number typed wrong could result in a patient receiving the wrong drug or an incorrect dosage of a drug. A problem in the software itself could multiply this problem, issuing the wrong dosage to every patient on that drug who is in the system.

While such a scenario may sound like the plot of a novel or movie, this has already happened in Rhode Island. This has caused one critic to raise the question of how well these systems have been designed. While he is not opposed to the use of electronic records, saying that they can assist in detecting potential health risks and duplicate tests, he does believe that caution should be used in installing such programs.

]]> The Rhode Island incident occurred when a software program at a hospital issued prescriptions that were incorrect. Thousands of patients were apparently given these prescriptions before the discrepancy was discovered. An FDA spokesman said that such medication errors are not common; the agency reports that six people died and 44 people were injured as a result of computer errors.

As doctors and hospitals plan to install medical software, it would be wise for them to carefully consider all software programs before choosing one. They should research the program to determine if it has caused problems in other healthcare centers. If software has been implemented already, they may want to re-examine that program's effectiveness. After all, their patients' well-being and lives depend on it.

Source: Kaiser Health News, "Health Technology's 'Essential Critic' Warns Of Medical Mistakes," Jay Hancock, Feb. 18, 2013

Why do doctor errors continue occurring in a modern world?

2013-02-22T15:48:49Z

When we look at history, it is easy to point out that the lack of education in hygiene and proper medical procedures contributed to many deaths. During the Civil War, thousands of soldiers died because doctors had little knowledge about infections and fevers. However, today we have a vast amount of information and have made significant breakthroughs when it comes to caring for the sick. Yet the number of doctor errors being made seems to indicate that something is still missing.

A doctor is asking the questions that every medical professional and the medical industry should be asking. Why are there so many medical errors still being made and why are there patients still dying from improper care? He notes the condition of a hospital his father went to recently for a cataract removal surgery, pointing out that there was a definite problem with cleanliness.

]]> In addition to the hospital itself, the doctor observed that from the time his father was diagnosed for his condition to the surgery itself, there were 10 mistakes that were made. These errors included a nurse not washing her hands or using gloves, incorrect instructions on a prescription and a faulty piece of medical equipment.

While the mistakes this doctor talked about were relatively simple ones, they could have easily caused a worsened condition for his father if they had not been caught. What is most concerning is that he does not seem to have an answer for why these errors are still happening -- and no one else seems to be able to answer that question either. Until the answers are found, these instances of medical malpractice are likely to continue.

Source: Fox News, "The ugly reality of medical mistakes," Feb. 6, 2013

Misdiagnoses of cancer tied to incomplete medical information

2013-02-15T21:47:39Z

Cancer comes in many forms and it is fast becoming a major killer in our society. Practically everyone in Providence knows someone who has had cancer or died from it. When it comes to cancer, the earlier it is detected and the patient starts receiving treatment for it, the higher the survival rate is. Yet patients are often victims of cancer misdiagnosis, which can greatly impact their chance of beating the disease. For these victims, often the delay in the diagnosis of cancer is a death sentence because by the time the mistake is discovered, they are in the final stage and no treatment can save them.

However, by gathering data relating to cancer misdiagnosis, it may be possible for cancer experts and other medical professionals to understand the causes and initiate change that will lower the number of patients whose cancer diagnosis was delayed. That was the purpose of a study that was recently conducted on a national level.

]]> The survey revealed that incomplete medical information contributed significantly to a patient's cancer being misdiagnosed by doctors. Furthermore, doctors are not receiving feedback that they even made a mistake in a patient's diagnosis. A large portion of the over 400 cancer specialists surveyed thought that only about 10 percent of patients are misdiagnosed. The survey said that other studies show the actual number ranges between 15 and 28 percent.

The failure to detect cancer is not a simple mistake that can be easily corrected. It impacts the life of patients and their family, causing untold pain and suffering. The medical industry should pay close attention to this survey and use it to improve the current diagnosis process.

Source: The Patriot Ledger, "Survey shows doctors want lawmakers help in preventing misdiagnoses," Morgan True, Jan. 30, 2013

Study indicates doctor errors caused by heavy work loads

2013-02-06T15:29:11Z

With a shortage of doctors, those in the medical profession will have even more patients to care for as more and more people get access to affordable and regular health care. This could lead to increased risks of doctor errors being made.

One doctor addresses the increasing workload and says that increased patient loads could create issues where patients are victims of medical errors. Hospital-based doctors in particular find themselves having to take on more serious cases that a specialist would normally handle, thereby creating more risk in addition to less expert care for patients who could otherwise benefit from a specialist.

]]> The doctor's admission is in response to a report recently released that indicates doctors in hospitals with more than 15 patients under their care during a shift have a higher chance of making mistakes. In fact, 36 percent of the doctors questioned in the study said that delayed diagnosis and medical errors happen regularly. The data indicate that large workloads for hospital doctors are a common problem found across the country. More than 500 hospital-based doctors were surveyed as part of the study.

It is clear that these doctors are concerned for the well-being of the patients placed in their care and hopefully hospital administrators will take the findings of the report to prevent their doctors from becoming overworked. However, unless the current system puts in measures to protect these doctors and entice more people to enter the medical field, it seems likely that it is the patients who will suffer the most.

Source: HealthDay, "1 in 5 Hospital Docs Reports 'Unsafe' Workloads: Study," Denise Mann, Jan. 28, 2013