Articles Posted in Medical Malpractice

There’s really no way to describe the feeling unless you’ve been through it. You enter a hospital room somewhere in Massachusetts and are ushered through a series of procedures and given many different lectures about what is about to happen. Eventually, all that remains is your lingering remnants of consciousness as you slip off into an anesthetic slumber, leaving your life in the hands of a surgeon who will proceed to cut into your body.  The medical field of surgery is an undeniable testament to the progress of mankind’s endless thirst for knowledge and our progress in being able to treat diseases and ailments that were, at one time, completely untreatable and debilitating. Over 26 million surgeries were performed in 2012, and that number steadily increased from 1992 by 17 percent.

When dealing with a process as dangerous, complicated and unpredictable as surgery, patient deaths are an unfortunate certainty. What is most unsettling, though, is that a huge volume of patient deaths occur annually as a result of completely preventable mistakes, such as operating on the wrong person, or performing the wrong procedure, or something as careless as leaving a surgical device in somebody’s body.  Numbers for this tragic reality are hard to pin down, but recent investigations have revealed that anywhere between 210,000 and 440,000 patients die every year due to preventable mistakes, which would make medical errors the third-leading cause of death in America behind only heart disease and cancer. Medical institutions take issue with this number, saying it is closer to 100,000. Realistically, any preventable death is a tragedy.

Specifically related to surgery, John Hopkins University published a study in 2012 reporting that about 4,000 “never events” – events that should never happen during happen surgery – happen annually in the United States.  The study indicated that, every week in America, a surgeon leaves a surgical device such as a sponge or towel in a patient’s body 39 times, performs the wrong surgery on a patient 20 times, and performs surgery on the wrong part of a patient 20 times a week.  These “never events” can have no consequences or life-threatening consequences, and are most likely underreported as some people will simply not be aware if the incident occurred unless something after the surgery goes wrong. Continue reading

Traumatic birth injury  occurs when the mother suffers severe injuries during the birthing process. In a recent case involving an Alabama woman who sustained injuries during her 2012 labor and delivery, the jury awarded $16 million in punitive and compensatory damages.

Caroline Malatesta claims she was severely injured during the birth process due to medical negligence and reckless fraud. Instead of the “natural birth” process she wanted, Malatesta was forced to labor on her back and remained hooked to monitors the entire time. Instead of allowing her to walk around and labor on her hands and knees, the on-duty nurse pushed the baby’s head into Malatesta’s vagina until the doctor arrived. This use of force resulted in excruciating pain and the development of a condition called pudendal neuralgia that will likely plague Malatesta for the rest of her life.

“I’m Rarely Totally out of Pain”

“Pain is fatiguing because you spend so much of your energy fighting the pain,” said Malatesta. “I’m rarely totally out of pain. I try to take only the amount of medication that will make it bearable, because otherwise I’ll fall asleep. It’s a daily balance.” Since the 2012 injury, the previously active mother of four now spends much of her day resting or taking baths. Her sex life has also suffered, and the injury has made her unable to have more children. “I have to pick and choose and be very intentional about what I choose to spend my limited amount of energy on,” she remarked.

According to Malatesta’s doctor, her injuries are likely permanent. But she remains hopeful.

“I refuse to say never,” she said. “I’m holding out for a miracle.”

When to Sue for a Traumatic Birth Injury ?

Injuries occur during childbirth, even when no one is at fault. In order to justify bringing a legal claim against another party, as with any injury, the victim must be able to show negligence or reckless behavior on the part of the defendant. This can be an extremely complex process, and the help of a personal injury lawyer with experience in traumatic birth injury cases is crucial to the outcome of your case. You attorney will review medical records, conduct witness interviews, and interview hospital staff.

If it can be shown that the conduct of the medical staff did not meet the accepted standard of care, you likely have a personal injury case on your hands. The compensation for injuries will be directly related to the severity of your injuries. For example, in Ms. Malatesta’s case, the award was significant, but so are her injuries. She will likely require ongoing medical treatment and pain management, and her quality of life has been severely impacted. Continue reading

Meconium aspiration syndrome (MAS) is a condition that newborn babies experience after they have breathed (aspirated) meconium into their lungs during or shortly before birth.  Meconium is dark green, sterile fecal matter that is found in the intestine before birth, distinct from stool because it does not contain bacteria.  MAS is a leading cause of severe illness and death in newborns, affecting 5 percent to 10 percent of newborns.  It is especially common when the fetus is under stress, often during labor, and can be exacerbated when the infant is past its due date.  Typically, the meconium is not released in the womb, but intrauterine distress can motivate the fetus to expel the fecal matter under certain conditions present at birth, such as inadequate oxygen in the blood.  This same stress may also cause the fetus to forcefully gasp, thereby inhaling the recently expelled meconium.

Symptoms of meconium aspiration syndrome include: bluish skin color in the newborn; breathing issues; dark, greenish staining or streaking of the amniotic fluid or the obvious presence of meconium in the amniotic fluid; limpness in the newborn at birth.  There are several ways to diagnose MAS.  Before birth, MAS may cause a slow heart rate, which can be detected by a fetal monitor.  At birth, meconium can be found in the amniotic fluid.  The most accurate test for MAS is using a laryngoscope to look for meconium stains on the vocal cords of the infant.  Abnormal breathing sounds, specifically coarse and crackly breathing, can point to MAS.  MAS is also characterized by low blood acidity, decreased oxygen and increased carbon dioxide in the blood.  A chest X-ray may also be used to look for patchy or streaky areas in the lungs.

A newborn’s mouth should always be suctioned once the head is out, which can help prevent MAS.  However, once MAS is diagnosed, there are other treatments available.  Such treatments include, antibiotics for infection; breathing machine to keep the lungs inflated; using a warmer to keep the infant at a normal body temperature; and tapping the chest to loosen secretions.  Typically, the prognosis for infants who experience meconium aspiration syndrome is excellent.  MAS is usually quickly treated and there are no long-term side effects.  Some infants may experience breathing problems for two to four days, but these quickly subside.  Although rare, more severe cases may cause long-term respiratory or developmental problems.  In such severe cases, meconium aspiration syndrome can deprive the brain of oxygen, causing permanent brain damage.  This can lead to the development of cerebral palsy, developmental disabilities, physical disabilities, or mental retardation. Continue reading

Massachusetts’ Noble Hospital is facing lawsuits from 25 patients who claim that improper sanitization of medical equipment may have put them in harm’s way. The colonoscopy patients allege that they were potentially exposed to life-threatening viruses, including Hepatitis B and C, and HIV, due to improperly disinfected endoscopes. Although the potential exposures occurred in 2012 and 2013, the patients weren’t informed until January of this year. Contact a Boston Personal Injury Lawyer Today.

293 Colonoscopy Patients May Have Been Exposed

Nearly 300 colonoscopy patients may have been exposed to the viruses. According to Baystate Health, 243 of the affected patients have been tested, and no evidence of colonoscopy-related infection has been found. At the time of the potential exposure, Noble was an independent hospital, but it has since been taken over by parent company Baystate Health.

Endoscope Lawsuits – The Noble Hospital case is not the first time that endoscopes have been linked to transmission of harmful germs, bacteria, and viruses. Olympus, the world’s largest endoscope manufacturer, is facing multiple lawsuits from patients who claim they became infected with an antibiotic-resistant ‘superbug’ called Carbapenem-resistant Enterobacteriaceae (CRE) after procedures using the company’s endoscope.  In January 2016, a report was released by the Senate Health Committee, announcing that Olympus knew about the risk of infection transmission but failed to warn physicians, consumers, or the FDA for three years. Shortly after, Olympus issued a recall to make design changes they claim will reduce the infection risk. These changes include improving the seal around the new channel to prevent patient tissues and fluids from getting inside the channel.

Antibiotic-Resistant Bacteria

CRE is a life-threatening bacteria that is resistant to most antibiotics, earning it the title of “superbug”. Superbugs are, by nature, extremely challenging – if not impossible – to treat. They may lead to other serious, or even fatal conditions such as brain damage and organ failure.  Patients using certain medical devices, including catheters and ventilators, have a higher risk of contracting superbugs such as CRE. MRSA and C-diff are two other types of superbugs. Approximately 23,000 people die from antibiotic-resistant bacteria every year.

According to the Massachusetts Public Health Department, the new endoscopes were being cleaned using outdated protocol. The newer endoscopes contain an additional channel that administers saline solution to the patient’s body. Unfortunately, this channel was not properly cleaned, resulting in the possible exposure. Continue reading

Adverse drug interactions account for approximately 700,000 emergency room visits and 100,000 hospitalizations annually. In fact, nearly 5% of hospitalized patients suffer from medication errors, putting them at the top of the list for inpatient errors. It is likely that outpatient medication errors are even higher. Contact a Boston Drug Injury Lawyer Today.

The Institute for Safe Medication Practices keeps a list of medications with a high potential for error. These include drugs that have dangerous side-effects, as well as look-alike and sound-alike drugs that have similar names and /or appearances but entirely different properties. The biggest culprits, especially among geriatric patients, are antidiabetic agents (insulin), antiplatelet agents (aspirin), and a­­nticoagulants (warfarin). Combined, these drugs are responsible for nearly half of all medication error-related E.R. visits for Medicare patients.

Nearly one-third of American adults are on five or more medications, and that figure is likely to keep growing. The good news is, about half of all medication errors are preventable. Through a process called medication reconciliation, adverse drug events can be dramatically reduced by ensuring that new prescriptions don’t have negative interactions with medications you’re already taking. Even over-the-counter medications can result in dangerous drug interactions. For example, if you are prescribed a drug with high levels of acetaminophen (Tylenol), and you are simultaneously taking over-the-counter acetaminophen for a headache, you may unknowingly exceed the safe dosage. In this case, overdosing could result in liver damage. Some adverse events, such as liver damage from an overdose of acetaminophen, may gradually worsen over time. Other types of medication errors can result in emergency health complications, and even death.

What Questions Should I Ask My Doctor?

Proper medication reconciliation involves having a thorough conversation with your physician about the medications you are currently taking (over-the-counter, prescription, and vitamins). To significantly reduce your risk of medication errors, go to all medical appointments prepared with the questions below.

• What is the drug for?
• How long should I remain on the drug?
• Should I avoid any food, drinks, or other medications while on this drug?
• Does the drug have any side-effects?
• What is the best method of storing the drug? Does it require refrigeration?
• What should I do in the event of an actual overdose?
• Will the drug interact with other medications I’m on?

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In Massachusetts, patients are prohibited from recording their surgeries without the consent of all parties being recorded. However, in light of recent incidents, more and more patients are requesting permission to video or audio record their surgeries. Earlier this year, a patient in Virginia was awarded $500,000 in a medical malpractice lawsuit after his secretly recorded surgery revealed offensive comments made by doctors while he was under sedation. The patient had set his cellphone to “record” and slipped it into his pants pocket prior to an outpatient colonoscopy. Contact a Massachusetts Medical Malpractice Lawyer Today.

Uptick in Patient Requests to Video or Audio Record Hospital Visits

Advocates for patient recordings say that the transparency of a recording holds physicians accountable, and may even present an opportunity for all medical personnel to learn from their mistakes. However, many hospitals and physicians aren’t so sure. They have voiced serious concerns over privacy, and have questioned how such a policy would impact the doctor-patient relationship. According to Jennifer Kritz, a spokeswoman for the Beth Israel Deaconess Medical Center in Boston, there has been an increase in patient requests to record their hospital visits. In addition to recording surgeries, patients also want to record physician instructions and film physical therapy sessions in order to replicate the exercises at home. Although there is quite a bit of controversy surrounding the recording of medical procedures, several Boston area hospitals say they allow patients to record visits as long as consent of medical staff is obtained beforehand.

In Wisconsin, a state representative has recently introduced a bill that would require all hospitals to give patients the option of recording medical visits, procedures, and surgeries. In recent years, similar bills have been introduced in both Mississippi and Massachusetts, but they have yet to create any changes in policy. According to Betty Daniels, an Indiana local chapter director for the National Medical Malpractice Advocacy Association, the organization is working to get a similar bill introduced in Indiana.

In a recent interview with the president of the Massachusetts Medical Society, Dr. Dennis Dimitri, he voiced concerns that recording surgeries would introduce an element of “distrust” and would effectively “anticipate wrongdoing.” He also said that recording surgeries, “may cause people to be much more guarded about what they say”. Additional concerns include the spread of medical videos on social media, the videographer getting in the way of the surgery, physicians being so guarded about what they say that they neglect to mention important details during surgery, and the exposure of hospitals to more medical malpractice lawsuits. Continue reading

Communication appears to be key in preventing medical malpractice lawsuits. It’s uncertain whether this is because communication helps prevent medical errors, or because it fosters better doctor-patient relationships. Either way, the statistics are hard to ignore.

A Florida study showed that only six percent of obstetricians accounted for over 70 percent of medical malpractice suits during a five year period. Many of these doctors had been sued multiple times. A separate study looked at malpractice lawsuits filed by mothers following their newborns’ injuries or death. The vast majority claimed their doctors would not talk openly with them, tried to mislead them, or hadn’t warned them about neurodevelopmental problems. Continue reading