Archive for the ‘Medical Malpractice’ Category

Many studies are done on the side effects of drugs before they are released to the market to properly inform patients of the potential side effects.  However, these studies often do not incorporate studies on drug-drug interactions, which are the effect of using a particular medication in combination with several other drugs that a patient is already taking.  Not only can these medications cause their own side effects, they can have additional and sometimes irregular side effects when taken with other drugs.

In the United Kingdom, fifteen percent of its residents over 75 years of age take five or more drugs on a daily basis.  People in nursing homes take an average of six to eight medicines a day.  In the United States, forty percent of people over the age of 65 take five or more drugs on a daily basis.  The number of drugs prescribed to people is on a rise, especially in western European countries.  While the reasons for prescribing more drugs are done to effectively treat older people, there are sometimes other less respectable reasons, such as more drug marketing by drug companies disguised as “disease awareness” campaigns.  Often, drugs are not needed to treat these “diseases” and prescriptions written for these purpose are unnecessary and can even lead to dangerous interactions with other necessary drugs patients are taking.

Various studies show that about five percent of hospital admissions in Europe and the U.S. are due to adverse reactions caused by two or more drugs patients are taking.  In addition, five to ten percent of hospital patients have additional drug reactions when being hospitalized, resulting in prolonged stays and inevitably higher hospital bills.  Another unfortunate reality is that even with drugs that do not have any drug-drug interactions, the patient might stop taking a drug without informing the doctor, because all of the drugs they are taking have cumulative side effects that the patient wants to avoid.  Doctors may prescribe even higher and often unnecessary doses because they think the lower doses are not working.  In addition, doctors themselves are often not aware of the cumulative side effects that patients can have by taking multiple drugs, causing the patients to suffer any unnecessary side effects.

In short, some patient advocates argue that compliance with prescribed doses is a precursor to effective treatment but if you have adverse reactions or are concerned about them, consult your doctor or pharmacist.  If you are injured by a dangerous drug or think you are the victim of medical negligence, contact a medical malpractice lawyer.

Source: http://www.ft.com/cms/s/0/34019120-498b-11de-9e19-00144feabdc0.html

From 2002 until mid-2008, doctors at one V.A. hospital in Philadelphia made significant medical mistakes in 92 out of 116 brachytherapy procedures, a less invasive method of treating prostate cancer. Most of the errors involved patients receiving too little radiation to effectively treat their cancer, but about 35 veterans received overdoses of radiation to the wrong parts of their bodies. This often occurred because doctors injected radioactive pellets used in the procedures into the wrong organs. Investigators say that it took so long to uncover the mistakes because of insufficient internal and external oversight.

Fortunately no one has died as a result of these errors, but many patients have suffered painful and unnecessary medical complications because of the hospital’s surgical mistakes. The radioactive material used in cancer treatments is a carcinogen and can damage or destroy healthy tissue in addition to cancerous cells. All of the affected patients have obtained follow-up care, and eight had brachytherapy procedures performed properly at another V.A. hospital. Read more about medical malpractice and hospital negligence.

Medication adherence, which is really the extent to which patients take medication as prescribed by their doctors, is important to the medication’s effectiveness to cure and treat the particular illness.  Poor medication adherence can have a particularly negative impact on the medication’s ability to treat many diseases, causing more severe complications from the illness and decreased quality of life for patients.   Many factors cause poor adherence; the most common ones being the inability to pay for medications, lack of belief that the treatment is necessary or helping, busy schedules, forgetfulness, and confusion about how and when to take the medication.

The Food Drug Administration recently published an article on its website, which discusses the importance of medication adherence and provides tips on how to take different types of medication correctly.  For example, when taking antibiotics, the FDA warns strict medication adherence is vital.  If antibiotics are not taken as prescribed by the doctor, a small number of bacteria is likely to survive and continue to replicate and become resistant to the antibiotics.  The same reasoning goes for the HIV virus.  When patients with AIDS skip or stop taking their prescribed medication, they might develop strains of HIV that are more resistant to the prescribed medication and even some medications that patients aren’t currently on.

The FDA advises people to communicate with their doctors or pharmacists if they are experiencing side effects of their prescribed medication and understand how long they need to take the medication.  Setting a daily routine to take medication, keeping medications in noticeable places, using daily dosing containers, and keeping written or computerized schedules are all good ways to help people remember to take their medication.

Ultimately, if there is ever an issue of negligence, consumers want to make sure it is medical negligence outside of their control and not negligence of their own.  Making sure you properly take medications, at least according to the FDA, is an important consumer health issue.

Christine Golden, a Pennsylvanian woman, was recently awarded a $1.88 million judgment by a Pennsylvanian jury in a medical malpractice lawsuit.  Her husband, Terrence Golden, died after two doctors failed to diagnose his bladder cancer during a time when he could have been potentially saved with proper medical treatment.  Terrence died in January 2009 from the bladder cancer, which Christine alleged could have been treated if doctors had diagnosed it correctly.  It took nearly two years and several visits to a urologist and a pathologist before the bladder cancer was discovered.  The jury found that this medical misdiagnosis led to the death of Terrence.

With cancer, medical misdiagnosis is extremely fatal, because it can deprive a patient of important early treatments, which are less effective when the cancer is at later stages.  Bladder cancer is invasive and often spreads to other organs, as it did in Terrence, when not discovered in its early stages.  If caught early, bladder cancer can even be cured.

Christine sued Terrence’s urologist, Milan J. Smolko, who saw him numerous times between September 2002 and January 2004.  Terrence had complained about urinary problems during those visits.  Smolko had misdiagnosed him with only an inflamed and enlarged prostate without doing any further investigations until July 2003.  At that time, Smolko sent a bladder biopsy to pathologist, Lillian Longendofer, who also failed to identify the problem.  Eventually, Terrence went to another doctor in June 2004, who discovered the bladder cancer, but it was too late.  By that time, the cancer had metastasized to Terrence’s prostate and portions of his urethra.  The doctor removed the affected areas, but the cancer was too advanced to treat completely and as a result, Terrence died in January 2009.

Medical misdiagnosis can lead to serious, even fatal, consequences.  Careless oversights made by doctors can claim lives and deprive people of the chance to live their lives to the fullest.  If you or a loved one has been a victim of medical misdiagnosis or a doctor’s failure to diagnose, contact a medical malpractice lawyer today.

On June 10, 2009, a New York City jury found Dr. Kevin Niksarli liable to Johnson Devadas for $2,360,000 in lost income and $3,1000,0000 for pain and suffering after Dr. Niksarli committed Lasik malpractice.  Dr. Niksarli wrongly decided that Mr. Devadas was a candidate for Lasik surgery.  The jury also awarded Saramma Devaddas $120,000 for her lost consortium claim.  The total award was for nearly $6 million.  Mr. Devadas is a pharmacists from Queens, New York.  Judge Doris Ling-Cohan presided over the trial in New York County Supreme Court.  The Lasik malpractice verdict is reported to be the second largest New York Lasik malpractice verdict in history and possibly the largest Lasik malpractice verdict in United States in history.

The Lasik malpractice trial lasted about 10 days and the plaintiff presented evidence through experts that he was in fact misdiagnosed as a candidate for Lasik surgery.  His experts claimed he suffered from fruste keratoconus, which is contraindicated for Lasik surgery candidates.  After the Lasik surgery, the plaintiffs cornea developed post-Lasik ectasia, which is a progressive thinning of the cornea.  Ectasia can cause blurriness, halos, double vision, glare, contrast sensitivity, starbursts and other problems over the distortion of light passing through the damaged cornea.

Perhaps most alarming and what may have helped justify the significant verdict, plaintiffs presented evidence that Dr. Niksarli intentionally and artifically aged a note in his chart concerning a conversation he allegedly had with the the plaintiffs concerning the risks, benefits and the alternatives to Lasik surgery.

The NYT reported that an official with the White House stated that President Obama told the American Medical Assocation (“AMA”) that he would support medical malpractice reform if the AMA supported the President’s health-care reform bill.  On June 15, President Obama addressed the AMA and made statements about medical malpractice reforms, suggesting he supports reforms, not caps on recoveries, but it still unclear what type of medical malpractice reform he supports.  In response, to that address, the American Association for Justice (“AAJ”), which works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others–even when it means taking on the most powerful corporations.
 
The following is a statement from American Association for Justice President Les Weisbrod regarding President Obama’s address to the American Medical Association:
 
“It’s clear America’s health care system is in crisis.  Over 40 million people are without health insurance and costs are skyrocketing.  President Obama is right that health care reform is needed now and patient safety should be the top priority.
 
“Empirically-based practice guidelines, developed by independent experts, is an idea we can support, as long as it does not lower quality or standards of care.  Instead, these guidelines should lead to greater patient safety.
 
“According to the Institute of Medicine, 98,000 people die every year because of medical errors.  Eliminating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention.  By taking away the rights of people to hold wrongdoers accountable, the quality of health care will suffer tremendously.
 
“However, the notion that ‘defensive medicine’ is leading to higher health care costs is not supported by empirical data or academic literature.  Recent news reports, CBO and GAO analyses, and statements from administration officials have shown that physicians will over-test and over-treat purely for financial reasons, unrelated to liability concerns.
 
“Limiting the legal rights of injured patients will do nothing to lower health care costs or aid the uninsured.  We will work over the coming weeks and months to educate members of Congress and the administration on how to best protect victims of medical negligence.”
 
AAJ has developed a primer on medical negligence and the role of the civil justice system in the current health care debate.  The primer can be located at www.justice.org/medicalnegligence.  Information is also available on this site about New York medical malpractice.

Clearly one of the big agenda items for the Obama administration is health care reform.  Universal health care is definitely a good thing and long over due in this country.  But, for a consumer injured by medical negligence, what does health care reform mean? 

The White House had made clear that it would like to get a reform bill passed in Congress before the end of this session in August.  Whether the White House can achieve this is questionable and will required broad reaching support from various contingencies, including the American Medical Association (AMA).  So, what promises, if any, is the White House making to the AMA about medical malpractice reform, which is a big issue for the AMA (the website has Obama and his speech featured on its home page this morning), despite studies showing that medical malpractice reform has little or no impact on health care costs?

The New York Times reported earlier this week that insders at the Obama White House state that Obama has told the American Medical Association (”AMA”) that he supports malpractice reforms.  On June 15, 2009, Obama opened his drive for health care reform by speaking to the AMA.  During his speech, he stated:

“Now, I recognize that it will be hard to make some of these changes if doctors feel like they’re constantly looking over their shoulders for fear of lawsuits. I recognize that.

(APPLAUSE)

Don’t get too excited yet.

(APPLAUSE)

All right. Now, I understand some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable. That’s a real issue.

Now, you know, just hold onto your horses here, guys.

(LAUGHTER)

I want to be honest with you. I’m not advocating caps on malpractice awards…

(BOOING)

… which I believe — I personally believe can be unfair to people who’ve been wrongfully harmed.

But I do think we need to explore a range of ideas about how to put patient safety first, how to let doctors focus on practicing medicine, how to encourage broader use of evidence-based guidelines. I want to work with the AMA so we can scale back the excessive defensive medicine that reinforces our current system and shift to a system where we are providing better care simply — rather than simply more treatment.

So this is going to be a priority for me. And I know, you know, based on your responses, it’s a priority for you.

(LAUGHTER)

And I look forward to working with you, and it’s going to be difficult. But all this stuff is going to be difficult. All of it’s going to be important.”  See Obama AMA Speech Transcript.

So far this is the only public statement by Obama about malpractice reform.  His views seem consistent with what his views were as a Senator, which is a good thing for consumers who are injured by medical negligence.  Medical groups, however, have already expressed disappointment in his statement but we hope that the White House will stand strong for consumer rights, especially in the face of considerable evidence from studies that show that malpractice reforms do not reduce the costs of healthcare in the United States.

Earlier this year, I had the privilege to attend a dinner for a very worthy cause.  Patrick Donahue, the father of now four year old Sarah Jane Donahue, started a foundation in his daughter’s name after she sustained a Pediatric Traumatic Brain Injury (“PTBI”).  The Sarah Jane Brain Foundation’s mission is to create a model system for treating children suffering from pediatric acquired brain injuries.  Believe it or not, there isn’t a model system in place in the United States. 

Sarah Jane’s story is unfortunately all too familiar.  She was shaken by her baby nurse when she was only five days old.  Last week, Sarah Jane turned four.  However, she still cannot crawl, walk or speak words. As a birthday present to her, the foundation selected 52 institutions and organizations to serve as Sarah Jane Brain Family Lead Centers of Excellence.

The dinner earlier this year was attended by an incredible group of doctors and health care professionals who gave presentations and shared information about their experiences in working on PTBI cases.  The sharing of information, the synergies of the working groups and the enthusiasm to create a complete treatment program was genuine and inspiring.  And, Patrick Donahue was simply amazing in his ability to pull together such a remarkable crowd.  It is clear that his motivation came from his heart and his compassion for his daughter and all kids who suffer from PTBI.

Congratulations to Patrick for all of the hard work that he and the others are doing at the Sarah Jane Brain Foundation.  The Foundation has taken on a tremendous cause that will undoubtedly result in better treatment for all adolescents who suffer from PTBI and in the process is bringing about more awareness to the potential injuries to babies if they are shaken.

The Sarah Jane Brain Foundation does omen’s work.  They have accomplished a lot but will need continued support to meet their goals.  I have proudly supported the Sarah Jane Brain Foundation and hope that you will join me in supporting these kids and helping spread awareness about the leading cause of death/disability in children.  For more information and/or to make a donation, please visit the Sarah Jane Brain Foundation website at www.TheBrainProject.org.

If you visit a relative or friend in the hospital but are asked to leave because “visiting hours” are over, can you trust that the hospital workers will monitor and administer the utmost care and attention to your loved one? 

Disturbingly, the answer is no.  According to the AARP, an estimated 98,000 hospital patients die every year in the United States because of preventable errors, such as mistaken identity or medication mixups.  There have been many cases where a patient has been harmed because of mislabeling on a medication or on the patient chart that leads to the incorrect medication being administered.  Or perhaps the hospital staff simply may not notice when a patient is in pain or is in need of assistance – while the nurses have many patients they must tend to, a relative remaining by the bedside might notice something such as an adverse reaction to medication or an IV drip that had pulled out of a vein, or even something less specific.  Merely noting that the patient “doesn’t look so good” might prompt a doctor or a nurse to take a closer look – it might be nothing, but it might mean preventing the patient’s condition from worsening.  A simple mixup could have the nurses administering a test or an injection that may be meant for the patient on the next hospital bed.  Such errors could be prevented by instituting unlimited visiting hours, as some hospitals have, allowing relatives and friends to stay with the patient through medical procedures and even during some emergencies, sharing their observations and concerns.

Human beings make mistakes, and doctors and nurses are human beings.  But the price of not taking every available precaution with such preventable errors can be catastrophic in certain cases, and the suffering caused to patients and their loved ones may be immeasurable.  People should not hesitate to voice their concerns regarding the care of loved ones in the hospital.  Though it may seem to be stepping on the toes of the doctors and nurses, the possible outcome of a preventable error could be disastrous.  Karen Aydt Curtiss, who is writing a book on how to help a loved one in the hospital, titled “Someone With You,” makes some suggestions such as asking nurses about new medications, ensuring the drug orders match the patient’s ID bracelet, asking everyone who enters the room to wash their hands and sterilize any equipment, and keeping a journal of your observations.

Patients should not have to pay the price for these preventable errors.  If you or a loved one has suffered from such errors, you should contact a New York Medical Malpractice attorney today to discuss your legal rights and options.

Drugs and over the counter remedies can provide relief or treatment for many health conditions. However, they are not without risks. Mixing incompatible medications or taking too much of a drug can cause negative reactions or health problems. Consequences of improperly mixing drugs or overdosing include stomach problems, diarrhea, blurred vision, skin rashes, or the need for emergency medical attention. Such problems can occur both with prescription and over the counter medications and the larger the number of drugs that a patient uses, the greater the risk of an adverse interaction.

The best way to avoid such complications is to take a few basic precautionary steps. Patients should keep track of when and how much medication they take, and whether they experience any side effects. Consulting with a doctor or pharmacist about combining medications and possible side effects is also important. Additionally, it is important to read drug labels and warnings carefully to determine if they might cause a negative reaction. Finally, patients should carefully read prescription labels to make sure that they have received the correct medication.

Some people who take several different medications find it difficult to remember which drugs to take and when. Timers and pill organizers often help with this problem. There are also reminder services, which will call or send an e-mail to prompt patients to take their medications.

Patients should consult with a doctor before using medications or over the counter heath products in conjunction with prescription drugs. If you or a loved one has been injured by prescription drug negligence or medical malpractice, contact a medical malpractice attorney for a free and confidential case review.