Tucson Medical Malpractice Attorney Blog

Patients at risk from distracted surgeons

2013-05-24T04:01:01Z

Newly released studies may have worrying ramifications for Arizona medical centers. According to an ABC News report, research has shown that surgeons are indeed negatively affected by operating room distractions, heightening the possibility of surgical error and other serious complications. Environmental background noises, such as music, have been a contentious issue for many years. While some surgeons insist music amplifies their concentration and dexterity, others consider it a barrier to effective surgical procedure. The University of Kentucky Medical Center's research seeks to offer some insight on the debate.

In a controlled experiment, the speech comprehension of 15 surgeons was tested under four conditions that sought to emulate real-life operating room conditions. Surgeons were found to be significantly distracted when engaged in conversation that was not routine and when listening to music while engaged in a task. In addition, a similar Oregon State University study found that such distractions caused a substantial rise in potentially life-threatening surgical errors during simulated operations.

]]> Surgical errors expose health care providers to expensive lawsuits, damaging their ability to deliver effective care. Furthermore, patients themselves all too often suffer from entirely preventable medical complications, some of which can be quite serious. Permanent damage and increased medical bills are not unlikely consequences, and the accompanying financial burden can be overwhelming. Even otherwise routine operations can end in organ failure, infection or other serious medical concerns.

The consequences of a surgical error can be devastating for a patient and his or her family. People suffering from medical malpractice often turn to an attorney to review their cases. Malpractice attorneys may investigate whether extenuating factors contributed to the doctor's surgical error. If it's found that the surgeon was negligent in some way, it's possible to seek a settlement to compensate patients for their suffering.

Source: ABC News Channel 5, "From ringing phones to sleep deprivation: Distractions increase surgeons", Lee Bowman, May 15, 2013

Legislation takes aim at high-school sports related concussions

2013-05-15T19:13:01Z

According to research conducted by A.T. Still University in Mesa, Arizona, approximately 7,000 high school athletes suffer concussions annually. While most attention is focused on brain injuries from football, any high-school sport puts players at risk.

A state law passed in 2011 requires high school athletes to be removed from play if a concussion is suspected. The player is required to receive written clearance from a medical professional before returning to the field.

]]> In addition, the law required educational programs on concussions for students, parents and coaches. In response, the Arizona Interscholastic Association is now requiring all high school athletes to complete the Barrow Brainbook interactive online training course. The course was developed in part by Barrow Neurological Institute at St. Joseph's Hospital and Medical Center.

Medical professionals and advocates have joined the effort by offering free baseline cognitive testing. The testing is known as ImPACT. It helps to measure the effects of concussions. They have also established a network of concussion experts available to athletic trainers via telemedicine.

In addition, Barrow and A.T. still have created a voluntary registry. The registry will allow high schools to report concussions to researchers. The aim of the registry is to improve the safety of athletes. The aim of the registry is to capture the number of concussions. It will also track the athletes to find out what happens to them post-concussion.

It can be difficult to recognize the symptoms of a concussion. In the case of a severe concussion, symptoms are hard to ignore. Severe concussions result in symptoms such as confusion, lack of muscle coordination, loss of consciousness and memory problems. Lesser concussions result in minor symptoms such as headaches and dizziness. These symptoms are much easier to minimize or hide. That is why it is important to seek the advice of a trained professional if a concussion is suspected.

Anyone who has suffered a concussion or other sports related injury might be entitled to compensation. A settlement can be used to pay for medical expenses that are the result of an injury. It might be beneficial to consult with a medical malpractice attorney. A lawyer might be able to explain medical malpractice law and review the case to determine if compensation is warranted.

Source: KTAR - Arizona, "Law, initiatives combat concussions in Arizona high school sports", Sean Peick, May 07, 2013

Medication safety training essential for hospitals

2013-05-09T16:50:02Z

According to a spokesman from the Institute for Safe Medication Practices, Arizona hospitals that do not train doctors and nurses in medication safety may be putting patients at risk. Hospital education programs that are inconsistent and "siloed," or specific to a particular discipline, may increase the risk of a medication error. Recent studies show that medical practitioners are often lacking in training and knowledge related to medications.

A Pennsylvania-based institute administered a survey to medical practitioners that asked them questions regarding how well-oriented and trained they were at using high-alert drugs and preventing medication errors. The results showed that the average practitioner score was only 64 percent. Another study with similarly alarming results showed that of those hospitals who responded, only 34 percent had staff pharmacists who spend time in patient units to see how drugs were administered and stored. Even worse, only 28 percent of nurses were trained in the pharmacy while going through orientation.

]]> The lack of proper education regarding medications has led to problems and a number of medication alerts on patient records. A research team followed 30 doctors, nurses and pharmacists and found that there were 320 medication alerts for a total of 146 patients.

Medication errors can cause serious injury to patients. If someone does not receive the correct medication or the right dosage or his or her medication is not stored properly, he or she could end up with even more medical issues than he or she was initially being treated for. An attorney may be able to evaluate the case of someone in such a situation and may be able to pursue compensation on behalf of the patient through a medical malpractice claim.

Source: Fierce Healthcare, "Drug safety group: Hospitals need interdisciplinary medication safety training", Julie Bird, April 29, 2013

Poor behavior in medical profession leads to patient errors

2013-05-03T22:21:26Z

In a case with implications from Arizona to New York, an Indiana heart surgeon screamed at an worker who handled a heart/lung machine during surgery, and the Supreme Court awarded the employee a $325,000 settlement. Experts report that employee relations among hospital staff and disruptive behavior between medical personnel can cause workplace problems that lead to surgical errors.

One executive explained that the emotional impact can distract medical personnel and endanger a patient's life. The Joint Commission has released standards for professionalism in the medical field in order to reduce and eliminate threats, intimidation and verbal outbursts that could affect employees or patients. Organizations are now realizing that patient safety is on the line.

]]> A Chicago psychologist co-authored a book on dealing with poor behavior among medical personnel and specified information that connected poor actions with patient safety. Health-care workers reported that three-fourths of physicians and nearly two-thirds of nurses acted in a disruptive manner according to one survey. The workers also cited medical errors that could even mean patient deaths.

Other studies show that about five percent of doctors cause more than one-third of complaints and about 40 percent of malpractice claims. After peer counseling, the professionals usually improve, but some doctors might need more intense interventions. Many are surgeons who are perfectionists with high standards for themselves and others. Patients who are unhappy should complain to administrators if they have a problem with their doctor.

When medical personnel can't control their anger or emotions, patients can sometimes suffer as a result. A medical malpractice lawyer might be able to help clients file a lawsuit if doctors made mistakes in their treatment.

Source: Tucson Citizen, "When doctors are bullies, patient safety may suffer," Kim Painter, April 20, 2013

Robotic surgery replete with risks

2013-04-26T21:14:52Z

Arizona residents may be aware that robot surgery performed with a system commonly known as the da Vinci is on the rise. In fact, 400,000 surgical cases used the da Vinci last year, tripling the number of cases just four years ago. However, there have been several deaths linked to the robot system, and some doctors feel that it's time to limit its use and curb the possible surgical errors. This may be of interest to Arizona readers because the da Vinci system is used nationwide.

The da Vinci is commonly used for removing gall bladders, prostates, hysterectomies, shrinking stomachs and repairing heart valves. It is less tiring for surgeons because they remain sitting at a computer screen, and robot hands don't shake. Sometimes, there is less bleeding and often patients go home sooner than they do following conventional laparoscopic procedures.

]]> However, the Food and Drug Administration is investigating a possible increase in reported problems, including five deaths. Whether this is an actual increase or doctors are simply more aware of issues is unknown since only the device maker and the hospital are required to report issues. It is also possible that the wider use of the da Vinci is being reflected in these newer statistics.

Surgical errors, whether by machine or physician, may have devastating consequences for patients and their families. An Arizona medical malpractice attorney may be able to review an individual's case and determine whether there was an error by the doctor, hospital or even a surgical robot. The attorney may be able to negotiate a settlement that covers future medical bills and the patient's pain and suffering.

Source: AZfamily, "Robot hot among surgeons but FDA taking fresh look," April 9, 2013

Pharmacists can help reduce medication errors

2013-04-19T13:13:25Z

Approximately 2.5 percent of emergency room visits are for preventable adverse drug reactions. There are indications from collected data that show pharmacists may be able to help lower the number of medication errors.

Millions of people in America are taking a number of medications. A report presented at the American Pharmacists (APhA) Annual Meeting showed that lack of medication management at admission and discharge at hospitals is costing a great deal of money because medication errors account for nearly $1.5 million preventable adverse drug reactions that cost $3 billion per year. Many of these incidents can be attributed to poor communication during transitions in patient care.

]]> One large academic center is working to solve the problem by having pharmacists conduct medication reconciliation, which is a detailed review of patient records to avoid drug errors during transfers. On the surgical unit, this process reduced medication errors from 90 percent to 47 percent. On the medical unit, medication errors were reduced from 57 percent to 33 percent. There is also another successful project going on at the University of Pittsburgh. A survey tool is used to find patient problems with adherence to home drug regiments, affordability and access to medications. It was also used to determine which patients would benefit most from follow-up from the pharmacist after they were home. The program showed lower readmission rates when compared to a group that wasn't using the tool.

In Arizona, there are potentially many people who are affected by medication errors. If an individual or their family believes a mistake has caused harm, it might be possible for a medical malpractice attorney to review the case and offer some possible solutions to the problem. In some cases, it may be possible to negotiate a settlement that allows for future medical care and pain and suffering.

Source: Medscape, "Pharmacists Find New Ways to Improve Care Transitions," Katherine Gammon, April 5, 2013

New hours don't appear to lessen medical errors

2013-04-11T20:37:31Z

New regulations in Arizona and across the nation limit first year medical students to 16-hour shifts at the hospital, down from 30-hour shifts. The intent of the shorter shifts was to give residents a break and cut down on harm to patients through medication errors, missed diagnoses and incorrect treatment. However, two studies indicate that the amount of errors may actually be increasing since the change was implemented.

The first study was at Johns Hopkins in Maryland. It followed 43 interns on three different schedules in the month before the switch from a 30-hour shift to a 16-hour shift. One schedule was the traditional 30-hour shift every fourth night, the other a 16-hour shift every fifth night and a "night float schedule" that was so unsuccessful that it was dropped before the end of the study. The study showed that despite the extra hours outside the hospital, the residents on the 16-hour shift weren't getting any more sleep on average than their 30-hour counterparts. Furthermore, those residents on the shorter shifts had a higher number of patient handoffs at the end of their shifts, which can lead to a higher incidence of errors.

]]> The second study took place at the University of Michigan. It sent out survey's to 2,300 first-year doctors at over a dozen hospitals in the United States in 2009, 2010 and 2011. It showed that medical errors that harmed patients rose from 19.9 to 23.3 percent after the 16-hour shifts became mandatory.

Medical errors, especially those involving medications may be devastating to patients and their families. An Arizona medical malpractice attorney may be able to review the issues in an individual's case and may make recommendations regarding how to obtain a settlement that serves the best interests of the injured party.

Source: CBS News, "Shorter shifts for medical interns may not mean fewer mistakes," Michele Castillo, March 27, 2013

Similar names can cause medication mis-match

2013-04-05T13:33:18Z

Residents of Arizona may end up with the wrong medication if medical professionals are not careful when two medications have similar names. A medication error nearly occurred for a patient who was supposed to receive the drug eribulin but was nearly given epirubicin due to an order entry error. Both drugs are for breast cancer treatment, and their similar names have led to clerical errors in the past.

In spite of previous mix-ups, the issue had not been reported to the hospital's internal error reporting process, so it was not addressed at the time. In an effort to prevent future errors, the hospital is now using tall man lettering and listing fuller names for the drugs, so they are now listed as eriBULin mesylate injection and epiRUBICIN injection.

]]> Another source of confusion regarding medications may occur when a medication ends with the letter "L", which can lead to patients receiving incorrect dosages when the letter is misinterpreted to be the number 1. In a recent case, a patient who was supposed to be given a 2.5 mg daily dosage of lisinopril was given a 12.5 mg dosage. This type of error is avoidable by having nurses read information back to doctors, but this does not happen all of the time.

When an individual receives an incorrect drug or an incorrect dosage of the correct drug, it can lead to major medical complications in addition to not treating the issue the patient is suffering from. If someone has not been given correct dosages or medications, they may want to speak with a medical malpractice attorney to determine how to proceed.

Source: Pharmacy Times, "Two Examples of Name-Related Medication Errors," Michael J. Gaunt, March 18, 2013

$1 trillion lost to medical errors yearly

2013-03-26T14:44:43Z

According to a study that was published in Health Affairs in 2011, adverse medical errors were a factor in almost 33 percent of patient admissions. Another report from 2012 discovered that of such adverse events, about 44 percent could have been prevented.

Surgical error takes many forms. Arizona residents might remember one well-publicized case where a single hospital committed two errors in a row after leaving an object inside a surgery patient, which necessitated a subsequent removal surgery. According to some estimates, medical errors cost around $1 trillion each year in lawsuits, fines, loss of productivity and other indirect costs. Many of these issues could have been prevented by organizational changes and improved communication between providers.

]]> In addition to the fines that hospitals and health care providers face after committing medical errors, patients suffer as well. In many cases, patients are left with permanent physical disabilities, emotional damage and massive fiscal burdens as a result of their inability to work a job. Supposedly routine operations may result in organ failure, blood poisoning and other serious health issues should they go wrong.

The Centers of Medicare and Medicaid Services has introduced new payment and provider rules that are designed to ameliorate some of the causes of medical errors and add fiscal incentives for better care. Nonetheless, medical errors such as foreign object retention, surgical site infections, surgeries performed on the wrong patients, delayed emergency treatment and improper monitoring of respiratory status post-drug-administration may still occur even when physicians are attentive. Many Arizona patients who have suffered from surgical mishaps seek assistance from medical malpractice attorneys who may be able to help them determine whether the errors could have been prevented and gain compensation after the fact.

Source: The Huffington Post, "Preventable medical errors: A $1 trillion problem," Amy Chen and Amy Guan, March 12, 2013

Robotic surgical systems see uptick in lawsuits

2013-03-21T18:36:02Z

Arizona residents may have heard of robosurgery, a new form of surgery that involves a surgeon using a console much like the ones used to play video games to perform intricate procedures. The doctor works several feet away from the patient and uses a high definition display, hand controls and foot pedals to maneuver mechanical arms with surgical tools. It is thought to be safer and to reduce fatigue for doctors. However, a number of lawsuits involving a surgical error have been filed recently over debilitating injuries and deaths that have been attributed to robosurgery.

According to data sent to regulators since 2009, approximately 70 deaths have been linked to robot surgical systems manufactured by California-based Intuitive, and it is the only company with a system approved for soft tissue procedures that include gynecological, prostate and general surgeries. Some 367,000 surgeries were performed in 2012 with the systems, which cost $5.1 million each. An analyst noted that hospitals aggressively market their use without mentioning the cases gone awry, and patients request them because they perceive robotic surgery as being a better option.

]]> One particularly bad outcome involved a woman who had robotic surgery to remove uterus growths that were causing pain and bleeding. Five weeks later, she suffered grisly consequences that involved her intestine protruding from her body. She has had corrective surgery that's left her with a scar that runs hip to hip, but she still suffers from issues related to damage to her muscles.

Sometimes, new procedures have unknown risks, and hospitals are obliged to disclose these risks to patients. If a patient's surgery is the primary cause of debilitating complications, he or she may want to have an Arizona medical malpractice lawyer to review the case. There may be options for settlements that may ease the financial burden created by a surgical error.

Source: Bloomberg Business Week, "Robosurgery Suits Detail Injuries as Death Reports Rise," Robert Langreth, March 5, 2013

Primary care doctors are not infallible, study finds

2013-03-13T19:31:16Z

According to a recent study published in the Journal of the American Medical Association, primary care doctors occasionally make diagnostic mistakes that can have serious health repercussions for patients in Arizona and across the nation. For instance, in one documented case, a doctor mistakenly diagnosed a pneumonia-stricken patient with bronchitis, which prompted an unexpected trip to the hospital.

The study examined 190 cases of diagnostic errors; 68 of these cases were wrong diagnoses. Errors were spread out across common conditions such as pneumonia, congestive heart failure, urinary tract infection and cancer. Such a misdiagnosis can lead to a medication error or the delay of needed treatment, which can have dire health consequences.

]]> The released data did not reveal the proportion of diagnoses that were in error. About 80 percent of the 190 cases studied involved a breakdown of communication between patient and physician. This is one reason why it is very important to have strong communication and a good level of trust with one's doctor. The physician should know each patient's complete medical history and should perform tests routinely and comprehensively in order to prevent diagnostic errors.

Results from the study show that improved communication could greatly reduce the chances of misdiagnoses. Patients should also seek continuity of care from their health care provider. By working with the same primary care doctor, a patient can develop a relationship that can serve his or her health consistently and thoroughly for many years to come.

If your doctor makes diagnostic error that leads to even more medical bills and potential harm, you could be compensated for your damages. A personal injury lawyer may be able to help misdiagnosed patients get a cash settlement in order to address the seemingly astronomical expenses that can accompany delayed treatment or a medication error.

Source: WebMD, "Primary Care Doctors Can Make the Wrong Call", Amanda Gardner, Feb. 25, 2013

Study tracks medication errors by primary care doctors

2013-03-07T22:33:25Z

A medication error is a common type of medical malpractice in Arizona. This type of error can result from the negligence of a pharmacist or a physician, and the error may include mistakes with either dosage or the medication itself. A recent medical study has documented medication errors on the part of primary care doctors.

The study, published on Feb. 25 by JAMA Internal Medicine, concluded that primary care physicians sometimes make mistakes even in cases involving common conditions. The study stated that these conditions exhibited a high degree of heterogeneity.

]]> Based on medical records, researchers identified 190 diagnostic errors that occurred in the offices of primary care doctors, including private healthcare settings and clinics. The study showed that 68 of these errors were missed diagnoses.

The study's author said that medication errors occurring in a doctor's office are not as well understood as those that occur in inpatient settings such as hospitals. He added that high-profile mistakes resulting in unnecessary death are easier to detect than more mundane errors.

The first step in a medical malpractice suit is proving that the healthcare provider's treatment failed to meet the accepted standard of care for that condition. The legal strategy in such a case may also involve the use of expert testimony to determine the effect the malpractice had upon the patient. Tucson residents who believe they have suffered injuries because of a medication error should explore the legal options for receiving compensation for damages.

Source: iVillage, "Primary Care Doctors Can Make the Wrong Call," Feb. 25, 2013

Laser surgery causes increase in malpractice suits

2013-02-27T22:02:45Z

Surgical errors may qualify as medical malpractice when the surgeon fails to maintain an acceptable standard of care. A surgical error can cause excessive bleeding and place the patient's life at risk. Readers in Tucson will be interested in the following story on medical malpractice with national ramifications.

A retrospective study appearing in the February issue of JAMA Dermatology concluded that the number of medical malpractice suits caused by laser surgery is increasing. The study also shows that surgeons may be held liable even if they did not operate the device.

]]> The study covered 174 cases of laser surgery resulting in injury over a period of 25 years. The specific procedures included facial rejuvenation and hair removal. In 146 cases, physicians were listed as defendants, but in only 100 of those cases did the physician perform the surgery.

The purpose of the study was to analyze current trends in litigation involving laser surgery, according to the researchers. The federal government has not yet established training requirements for laser operators who perform surgery. Each state regulates the use of lasers for this purpose, which has resulted in considerable uncertainty with respect to the outcome of medical malpractice cases.

A careless surgeon may cause injuries that require a medical malpractice claim to obtain a fair compensation. This legal strategy often requires a detailed investigation and expert testimony to establish the extent of the patient's injuries.

Source: MedPage Today, "Malpractice: Laser Surgery Lawsuits Surge," Nancy Walsh, Feb. 20, 2013

Malpractice study shows widespread surgical errors

2013-02-19T22:28:33Z

When people enter a hospital for treatment, they expect the staff to help them to get better and send them home. Unfortunately, the level of care that people expect isn't always what they receive. Tucson residents may be shocked to learn that when they enter the hospital for an operation, they are more likely to be subject to a surgical error than they might like to think.

Researchers at Johns Hopkins recently released the results of a multi-year study that concluded that preventable surgical errors, also called "never events," are prevalent across the country. The researchers estimate that 80,000 such errors occurred in American hospitals between 1990 and 2010, resulting in 9,744 malpractice claims and payments of $1.3 billion.

]]> Within those cases, almost 60 percent of the patients suffered temporary injury, while approximately 33 percent were subject to permanent injuries. Over 6 percent ultimately died as a direct result of the errors. The study also concluded that about 39 times each week, a surgeon leaves a surgical sponge or towel inside a patient. The wrong procedure is performed on a patient approximately 20 times each week, and wrong-site surgery also occurs about 20 times per week.

While most hospitals do everything they can to address these issues, surgical errors still happen. Any Tucson resident who has suffered temporary or permanent injury from such an error should learn as much as possible about Arizona's medical malpractice laws to ensure a solid claim against the doctor and the medical institution at fault.

Source: Physician's Money Digest, "Surprising Prevalence of Surgical 'Never Events,'" Laura Joszt, Feb. 4, 2013

Proposed Arizona bill would restrict medical malpractice lawsuits

2013-02-11T22:14:21Z

Readers in Tucson may be interested to hear of a bill recently proposed by Representative Bob Thorpe to the Arizona state legislature. The bill, titled HB 2465, calls for medical malpractice lawsuits to be filed only by lawyers who have been certified by the Supreme Court of Arizona as official medical malpractice attorneys. The proposal does not define what certification might entail, however.

If passed into law, HB 2465 would require that medical malpractice cases be heard only by those judges who have had special training to deal with such matters. This means that patients suing for medical malpractice would be restricted to specific lawyers and judges.

]]> Interestingly, the proposal would not restrict doctors or hospitals in any way. They can still choose whomever they want to defend against a claim of negligence.

HB 2465 is garnering its fair share of heat from the Arizona Trial Lawyers Association. A spokesperson for the ATLA stated that the bill would be a restriction on free enterprise and that plaintiffs in Arizona should be able to pick the lawyers that suit the plaintiffs' needs.

While it remains to be seen whether this piece of legislation will pass into Arizona law, people who have been injured as a result of medical negligence would do well to consult with an attorney with experience in medical malpractice cases. All injured patients should be apprised of their right to pursue compensation for damages.

Source: Verde Independent, "Thorpe seeks to limit malpractice lawsuits," Howard Fischer, Feb. 2, 2013