COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with medical-malpractice

A new study by a panel of independent medical experts offers troubling news about missed, delayed and wrong diagnoses in this country: Most Americans will get one at least one time in their lives. Sometimes, the outcome is devastating, resulting in the loss of precious time necessary to treat aggressive conditions. microbiologist

Further, it turns this type of health care mistake is much more common than other types of medical errors, such as medication slip-ups or surgical blunders. Even so, this is an area of study that, until the Institute of Medicine’s most recent report, has been given far less attention than other issues of patient safety.

That’s largely because most research has focused on issues pertaining to health care that happens in hospitals. So things like hospital-acquired infections, mistakes during surgery or errors doling out medication have been high on the priority list of researchers. Diagnosis problems, meanwhile, often happen at outpatient centers, doctors’ offices and surgical centers. There are of course issues in hospital emergency rooms and in other hospital settings, but the new research indicates this is system-wide problem that is going to require a multi-pronged approach to address.

The medical community has always been quick to blame those of us in the legal sphere for rising insurance costs. They assert that because of litigious patients looking for an easy payout, they are forced to order extra – sometimes unnecessary – tests or procedures or compel patients to have more office visits. If they don’t, they alleged, the risk of a lawsuit goes up.stethascope8

But in fact, research has shown that is not the case. In fact, when Florida researchers took on the issue in a study published by the Journal of the American Medical Association, they found lawsuits do not occur at random to good doctors. Rather, in an analysis of lawsuits against obstetricians, 70 percent of all filings in a five-year time frame were made against 6 percent of doctors.

That 6 percent did not just have a run of bad luck. There is undoubtedly something that sets them apart from their fellow physicians.

In injury cases, a claim of negligent infliction of emotional stress alleges defendant failed to use reasonable care to avoid causing emotional distress to another, and for this is liable for monetary damages. While claim may also be made for intentional infliction of emotional distress, negligent infliction of emotional distress does not require plaintiff to prove intent.sadsillouhette

Many jurisdictions limit negligent infliction of emotional distress claims, as they have historically been controversial.

Florida, for example, follows the the “impact rule” for those who wish to make such a claim. It requires plaintiff prove:

A recent study concluded that Florida hospitals charged an average of $27,377 for the delivery of a baby via a cesarean section troubled by a medical complication.

When a birth complication is due to medical malpractice, it takes an experienced attorney to ensure a family’s finances are not decimated by a negligent doctor or hospital.2dyV6GD

Gregg Hollander is an experienced Naples medical malpractice attorney with the knowledge and experience to handle complex litigation involving birth injuries.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.”

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.

Contact Information