Recently in Medical Malpractice Category

November 27, 2010

Hospital error frequently contributes to medical malpractice in Fort Lauderdale, West Palm Beach, Boca Raton

Nearly 20 percent of hospital patients are injured by medical error despite programs put in place to improve patient safety, according to a new study published in the New York Times.

Medical malpractice lawyers in Fort Lauderdale and West Palm Beach frequently deal with the leading issues revealed by this study: surgical error, complications of prescription medication or drug therapy, and hospital-acquired infections. Still, it's staggering that 18 percent -- or 1 in 6 patients who are admitted to the hospital for medical care -- suffer harm at the hands of medical staff.
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This study -- conducted at 10 hospitals in North Carolina because they had done a better job than hospitals in other states of participating in safety-improvement programs -- found that 63.1 percent of the injuries could have been prevented. The improvement programs were designed after a landmark study in 1999 found that 98,000 deaths and more than 1 million injuries were being caused by medical mistakes each year in the United States.

The safety programs had no appreciable impact on errors, most of which were caused by a hospital's failure to use measures proven to prevent mistakes and avoid infections. A 2008 study by the government came to similar conclusions when it found that 13.5 percent of Medicare beneficiaries experienced adverse events while hospitalized. The medical mistakes contributed to death in about 1.5 percent of cases -- or 15,000 patients in the month studied.

When judged by number of injuries per admission, the results were even more disturbing -- 25.1 injuries were reported for every 100 patients admitted to the hospital. In nearly half of the cases, extra time in the hospital was required.

In 3 percent of cases, a patient suffered permanent injury -- such as brain damage from a preventable stroke following surgery.

The report found that computerized systems for ordering drugs can reduce errors associated with dispensing medication by up to 80 percent. However, only 17 percent of hospitals have such systems.

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November 2, 2010

ICU ant attacks might be rare, but South Florida medical facility continue to struggle with cleanliness, infections, malpractice

Having surgery of any kind can be frightening. You can't help thinking about what may go wrong. One thing you shouldn't have to worry about is being attacked by ants. But this is exactly what happened to 76-year-old Cornelius Lewis recently at the Gulf Coast Medical Center, according to his son, Neil Lewis. The senior Mr. Lewis was reportedly bitten "a couple hundred" times before a nurse discovered the problem. He was then moved to another ICU room, which was also infested.

Our Fort Myers injury lawyers fight for the rights of nursing home and hospital patients who have suffered from neglect, abuse or malpractice. As nursing home neglect and abuse attorneys, we know patients are often most at risk for such conditions in area nursing homes and assisted living facilities.
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Whether or not an ant infestation in the ICU constitutes malpractice or negligence, it certainly should serve as a warning of the increasing problems regarding infections and inadequate hygiene in health care facilities.

Patients of healthcare facilities, such as hospitals and nursing homes, deal with a variety of neglect issues. For example, hospitals have been plagued by deadly bloodstream infections that are easily preventable, yet continue to proliferate because facility administrators fail to adequately address the problem, according to a recent Washington Post.

Approximately 80,000 patients per year develop bloodstream infections caused by catheters that are either improperly prepared or left in too long. According to the Centers for Disease Control and Prevention, about 30,000 patients die as a result.

These infections, however, can be prevented. Taking steps such as using sterile masks, hats, gowns, gloves and patient drapes, cleaning patients' skin with antiseptic, putting a sterile dressing over the catheter site, and even simply washing hands have all proven effective.

Preventing infections has monetary advantages as well. According to a professor at Johns Hopkins University School of Medicine, implementing effective infection-control programs costs about $3,000 per infection, while an infection costs between $30,000 and $36,000.

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October 20, 2010

Sepsis a common sign of medical malpractice and nursing home neglect in South Florida

More than 540 people a day die from an infectious complication often linked to medical malpractice yet few have every heard of sepsis, the New York Times reported.

Whether medical malpractice in Fort Lauderdale or nursing home neglect in Boca Raton, sepsis is a killer -- it develops when the body's immune system spins out of control in response to infection and it is responsible for more than 200,000 deaths a year.
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That's six time more than the 34,000 people a year that die in car accidents, yet 3 of 5 Americans were unfamiliar with the term when polled for a recent study. Among older adults, who are at the greatest risk, even fewer were familiar with this often fatal medical complication.

Sepsis is often the result of a lack of sterility in medical equipment or poor hygiene among patients or hospital or nursing home environments. It can quickly become life-threatening if not identified early and treated aggressively, something that is also the responsibility of medical staff and hospital staff.

Early symptoms include confusion, abnormal body temperature, chills, low blood pressure, rash and rapid heart rate. Health and safety advocates say raising awareness of the early warning signs is critical so that patients can do a better job of self-diagnosing, in much the same way many are able to do when it comes to the early warning signs of a heart attack.

We would like to count on hospitals and nursing homes to do a better job of preventing infections. But unfortunately, as we reported earlier this year, hospital infections in South Florida are a leading cause of injury and death. Nationwide, hospital-acquired infections are blamed for more than 100,000 deaths per year

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September 24, 2010

Lee Memorial's 12-year Fort Myers medical malpractice case highlights hospital's dodge of responsibility

It was March 6, 1997 when 81-year-old Mildred Thomas went under the knife at Lee Memorial Hospital for a hip replacement surgery. Although the procedure was successful, Thomas died of heart failure shortly after the surgery, the News Press reports.

At first, her family was told she died of a heart attack. Given Thomas had a history of heart disease, and given her age and the invasive nature of the procedure, the family accepted this grim truth as many families would. After all, why would a hospital lie about such a thing?
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Our Fort Myers medical malpractice lawyers know that surgery can be a risky business rife with medical complications and human error. A study published in the National Academic Press estimates that in 1997, somewhere between 44,000 and 98,000 Americans die in hospitals each year as a result of a medical error.

For the family of Mildred Thomas, the facts about what really happened to their mother during her March 6 surgery began to emerge five days after her death. They were in Alabama preparing for her funeral when the call came. The Fort Myers medical examiner's office was requesting a second autopsy after learning that Thomas had died from an in-surgery overdose, not a heart attack, as was initially suggested.

What complicates this Florida medical malpractice case is not the allegation of malpractice itself, but rather that of fraud. Florida law dictates that surviving adult children of parents who die due to an act of medical malpractice are not eligible for monetary damages associated with pain and suffering. In the case of fraud, however, there is no limit on what damages surviving family members may be awarded.

The allegation of fraud has become the legal sticking point. Stretching the medical malpractice case into a 12-year legal battle in which the hospital has thus far paid $250,000 in legal fees. Under normal limits, the hospital's liability would have been $100,000 per victim or $200,000 per occurrence.

This case highlights the complexity of medical malpractice claims and why it is critical to hire an experienced law firm with the ability to go toe-to-toe with the giant hospital and medical corporations that are so used to having things their way.

Meanwhile, the family waits, and hopes for resolution.

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August 7, 2010

Hospital infection rules could reduce the risk of South Florida medical malpractice

Beginning next year, new hospital regulations will require medical facilities to report the number of infections contracted by patients, a measure patient rights advocates contend will reduce the risk of South Florida medical malpractice and malpractice blamed on hospital infections nationwide.

The Department of Health and Human Services has issued the new rules to deal with the serious threat of hospital-acquired infections, which are responsible for an estimated 100,000 patient deaths per year. As we reported earlier this year on out South Florida Injury Lawyer Blog, the government reports many hospital infections are preventable and are the result of unsanitary conditions, improper surgical procedures, and negligence on the part of doctors and hospitals.
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CNN reports that advocates have pushed for the measure as a way to save lives and money by forcing hospitals to improve safety measures and reduce instances of hospital-acquired infections.

"Patients shouldn't have to worry about getting sicker with an infection they catch in the hospital but every year nearly two million Americans do," says Lisa McGiffert, Director of the Consumer Union Safe Patient project. "Making infection rates public is a powerful motivator for hospitals to improve care and keep patients safe. This is an enormous victory for patient safety advocates who have worked tirelessly to hold hospitals accountable for failing to eliminate infections."

The new rules begin next year and require hospitals to report infection statistics to the Centers for Disease Control and Prevention. The program will track infections in intensive care units and neonatal intensive care units. The CDC estimates that more than 250,000 central-line bloodstream infections occur in hospitals each year.

Medicare payments will be tied to how well hospitals report infections during the first year. Starting in October 2012, payments will be tied to how well hospitals protect patients from infections.

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April 17, 2010

Government calls for urgency in dealing with growing problem of hospital infections

A government agency called for "urgent attention" regarding the growing problem of hospital infections, saying an estimated 100,000 people a year are dying often needless deaths in the nation's hospitals.

Hospital infections are often preventable and may be the result of unsanitary conditions, improper surgical procedures or other negligence on the part of a doctor or hospital. A South Florida medical malpractice attorney should be consulted anytime a patient is seriously injured or killed as a result of a hospital infection.

The Agency for Healthcare Research and Quality reported that Postoperative sepsis, or bloodstream infections, increased by 8 percent, while post-op catheter-related urinary tract infections increased by 3.6 percent.

The New York Times reported that a number of programs have proven successful in preventing such infections simply by practicing proper hygiene, proper disinfection of patients, sterile handling of equipment and the correct use of antibiotics.

The agency found instances of hospital pneumonia decreased by 12 percent. However, as we reported earlier this month on South Florida Injury Lawyer blog, both sepsis and hospital pneumonia are leading causes of lengthy hospital stays, high medical bills and patient death.

Twenty percent of hospital patients who contract sepsis die as a result of their injuries. Those who survive spend an average of 11 extra days in the hospital at a per-patient cost of more than $32,000. For those who contract hospital pneumonia, 1 in 10 will die and survivors will spend two additional weeks in the hospital at an average cost of more than $46,000.

Under new federal laws, hospitals with high rates of infection can face government penalties. However those laws are not scheduled to take effect until 2015.

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April 2, 2010

South Florida medical malpractice claim can result from hospital infections

A recent study found more than 1.7 million people a year are injured by hospital infections, MSNBC reported.

South Florida medical malpractice cases continue to occur as a result of patients contracting serious or fatal infection because of hospital negligence. Hospitals are a breeding ground for so-called "super bugs," which survive in hospital environments by developing resistance to disinfectants and antibiotics. Their resistance can make them particularly dangerous to patients recovering from illness or surgery.
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The report found 1.7 million people a year are injured by hospital infections, which cost the medical system $8.1 billion in 2006. It is the first attempt to put a price tag on the growing problem. More than 48,000 people were killed by hospital infections during the 8-year study period.

"In many cases, these conditions could have been avoided with better infection control in hospitals," said Ramanan Laxminarayan of Resources for the Future, a think tank that sponsored the study.

Sepsis, a blood infection, killed 1 in 5 patients who contracted it after surgery, according to the study, which was published in the Archives of Internal Medicine. Patients with sepsis had to stay in the hospital for an average of 11 days longer, at a cost of $32,900 per patient.

Patients who contracted hospital pneumonia had to stay in the hospital an extra two weeks at a per-patient cost of $46,400. More than 11 percent of them died.

"In some cases, relatively healthy people check into the hospital for routine surgery," said study participant Anup Malani of the University of Chicago. "They develop sepsis because of a lapse in infection control and they can die."

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