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Archive for the ‘Maine Medical Malpractice’ Category

Lyme Disease In Maine During 2011

Sunday, April 22nd, 2012

Lyme disease is transmitted to people through the bite of a deer tick (Ixodes scapularis) infected with the bacteria Borrelia burgdorferi. The first documented case of Lyme disease that occurred in Maine was in 1986. Lyme disease in Maine has increased each year from 2003 to 2011 (except for 2010, for unknown reasons).

Report to the Maine Legislature from the Maine Center for Disease Control and Prevention dated February 1, 2012 provides some insights into the recent experiences involving Lyme disease in Maine. The Report stated that there were 981 confirmed and probable cases of Lyme disease in Maine during calendar year 2011.

The reported symptoms of Lyme disease in Maine for 2011 included the characteristic expanding bulls-eye rash (erythema migrans) in 49% of the cases (484 cases); arthritis (joint swelling)  in 32% of the cases (314 cases); and, neurological symptoms such as Bell’s Palsy in 10% of the cases (97 cases). (Reported Lyme disease cases could include more than one symptom.)

The Report included the following findings regarding Lyme disease in Maine during 2011:

Lyme disease patients had to be hospitalized in 5% of  the cases (50 cases).

Symptoms of Lyme disease were first experienced during June, July, or August in 54% of the cases (the date when the symptoms first appeared were not reported in 20% of the cases).

Adults between the ages of 45 and 64 had the highest number of cases of  Lyme disease.

Symptoms Of Lyme Disease

One of the commonly noted symptoms of Lyme disease is the formation of an expanding rash often described as a “bulls-eye rash” at the site of the tick bite between 3 and 30 days after the tick bite. Other common initial symptoms of Lyme disease include fever, headache, joint pain, muscle pain, and fatigue during the first several weeks. Later symptoms of Lyme disease may include arthritis in one or more joints (the knee is most common), Bell’s palsy and other palsies, meningitis, and carditis.

Diagnosis Of Lyme Disease

Lyme disease is diagnosed by clinical findings and with the assistance of lab tests. Patients should be treated for Lyme disease based on the basis of clinical findings – in a geographic area known to have Lyme disease, the appearance of an erythema migrans even without laboratory confirmation is enough to diagnose Lyme disease.

Laboratory testing is based on a two-tier testing algorithm. The first test is known as an Enzyme-Linked Immunosorbant Assay (ELISA). If the ELISA is positive or equivocal, it is followed by an IgM and IgC Immunoblot (an IgM Immunoblot is reliable only if done within 30 days from the onset of symptoms).

Treatment Of Lyme Disease

Most cases of Lyme disease can be effectively treated wth oral antibiotic for 10 days to a few weeks. If the nervous system, joints, or heart are involved, IV antibiotics for up to 28 days may be necessary. Lyme disease is rarely fatal.

Chronic Lyme Disease?

An important and controversial issue with regard to Lyme disease is whether Lyme disease can persist as a chronic infection that can be treated successfully with an extended course of antibiotics. A panel that recently reviewed the clinical practice guidelines for Lyme disease that were established in 2006 determined that there was no convincing evidence for the existence of chronic Lyme infection and that long-term antibiotic treatment of so-called chronic Lyme disease is unproven and unwarranted. (The CDC warns that the inappropriate use of IV antibiotics can lead to deadly blood infections, serious drug reactions, the development of antibiotic-resistant bacteria,  C-diff. diarrhea, and other serious medical conditions.)

We would recommend that anyone concerned about Lyme disease or who lives in an area affected by Lyme disease (especially from Maine to Maryland) take the time to fully read the Maine Report because it contains a vast amount of timely and useful information about Lyme disease that may help you, your family, and your pets avoid exposure to Lyme disease and help you obtain timely and appropriate medical attention and treatment if you suspect that you may have been exposed to Lyme disease.

If you or a family member became infected with Lyme disease and it was either not timely diagnosed or not timely and appropriately treated by a health care provider, you may have a claim for medical malpractice for the misdiagnosis, late diagnosis, or the failure to diagnose and treat your Lyme disease that resulted in injuries or losses to you or your family.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your local area who may be able to investigate your possible medical malpractice claim for you and file a medical malpratice case on your behalf, if appropriate.

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Maine Medical Malpractice Verdict For Methadone Overdose

Tuesday, April 17th, 2012

Earlier this month, a medical malpractice jury in Maine deliberated for less than two hours before unanimously awarding a woman compensatory damages in the amount of $1,912,934 for her alleged brain damage caused by her doctor over-prescribing methadone that resulted in her experiencing an episode of slow and shallow breathing during the night which deprived her of oxygen. The woman had been taking the prescribed methadone for only two and half days before she suffered her injuries.

The woman had been living with chronic back pain for which her primary care physician referred her in August, 2006 to a family practice specialist for treatment of her chronic pain. The medical malpractice claim alleged that the woman had been given a prescription for methadone by the family practice specialist at a dose eight times the recommended dosage.

The medical malpractice defendant argued to the medical malpractice jury that the woman had failed to mention to the pharmacist at the time she filled her prescription for methadone that she had pre-existing breathing problems and sleep apnea. The defense also argued that the 40 mg dose prescribed for the woman was within an appropriate range and that the pharmacy’s computerized system for warning of complications, side effects, or other problems with the prescription did not indicate a problem with the dosage prescribed for the woman and that the pharmacist who filled the prescription had called to confirm the prescription and did not indicate any problem with the prescription.

The medical malpractice defendant’s attorney also argued to the jury that the woman never intended to return to her job with the Maine Department of Health and Human Services, where she had worked for 18 years, and therefore her claim for lost wages should not be awarded by the medical malpractice jury. And while the medical malpractice plaintiff claimed her alleged brain damage affected her ability to perform simple tasks and to multitask at work, the medical malpractice defendant argued that the woman’s family did not notice any changes in the woman’s demeanor or behavior during the two and a half days the woman was taking the methadone before the incident.

Source

Many people associate methadone with its use in treating heroin addicts (opiate addiction). However, methadone is also used to treat moderate to severe pain that has not been relieved by use of non-narcotic pain relievers.

Methadone is a narcotic analgesic that treats pain by changing the way the brain and nervous system responds to pain (methadone is used to treat abusers of opiate drugs by producing similar effects while preventing withdrawal symptoms when the abused drugs are stopped).

The official “warnings” regarding use of methadone include the following: “Methadone may cause slowed breathing and irregular heartbeat, which may be life-threatening. If you experience any of the following symptoms, call your doctor immediately: difficulty breathing; extreme drowsiness; slow, shallow breathing; fast, slow, pounding, or irregular heartbeat; faintness; severe dizziness; or confusion.

The risk that you will experience serious or life-threatening side effects of methadone is greatest when you first start taking methadone, when you switch from another narcotic medication to methadone and when your doctor increases your dose of methadone. Your doctor may start you on a low dose of methadone and gradually increase your dose. Your doctor will monitor you closely during this time.”

Source

The standard of care requires physicians and other health care providers with the authority to prescribe medications to use that degree of care and skill that similarly situated medical providers would use under similar circumstances. Sometimes a questionable or unusual prescription is flagged by the filling pharmacist when the pharmacy’s computer system provides a warning regarding the information about the prescription entered into the computer system. When that happens, the pharmacist may use his/her knowledge, education, and experience in responding to the computer’s warning, which may range from disregarding the warning as unwarranted to not filling the prescription and speaking with the prescriber regarding the pharmacist’s concerns.

While a pharmacist may also be held responsible for filling a prescription in a manner that violates the pharmacist’s standard of care, the prescribing health care provider remains liable under most circumstances and cannot rely on and expect to be excused of the health care provider’s own negligence by the subsequent negligence of the pharmacist.

If you or loved one have been injured or suffered losses as a result of a prescription medication or an over-the-counter medication, you may be entitled to compensation for your injuries, pain, and other losses. The prompt advice of a medical malpractice attorney may be essential in protecting your legal rights and obtaining fair compensation.

Click here to visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your local area who may be able to assist you with a possible medical malpractice claim.

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Today’s 300th Consecutive Daily Blog Posting For MedicalMalpracticeLawyers.com

Thursday, December 29th, 2011

Today, MedicalMalpracticeLawyers.com is proud to celebrate its 300th consecutive daily blog posting. Over the course of 299 postings, we have explored numerous medical malpractice topics, including states’ medical malpractice laws, states’ statistics regarding medical malpractice claims, results of medical malpractice jury verdicts in various states, and relevant and timely medical information useful to our readers.

Our medical malpractice research over the last 10 months has revealed the constant assault on the rights of medical malpractice victims to receive fair and adequate compensation for their losses that has drastically, unfairly, and indiscriminately reduced the compensation received by them for their permanent, painful, and debilitating injuries and losses.

Our blog has examined the well-financed and highly-organized efforts of the health care industry promoting “tort reform” legislation drafted on its behalf by politically-connected, highly-paid lobbyists who employ public fear tactics (for example, telling patients that their doctors will need to give up their medical practices due to too high medical malpractice insurance premiums or preaching the often-recited but rarely-supported mantra about “frivolous” medical malpractice lawsuits) to wage a war that they inappropriately call ”tort reform” (“reform” implies that something was wrong to begin with). Their high-powered tactics are intended to elevate the financial interests of the very few doctors, hospitals, and other medical care providers who fail to provide the medical care that their peers have established as the bare minimum required level of medical care that should have been provided under the circumstances, over the long-established legal and moral rights of the innocent victims of negligence to be fairly and adequately compensated for their injuries and losses caused solely by the wrongdoing of others.

We have tried to bring to light the processes of certain federal agencies, such as the U.S. Food and Drug Administration (FDA), that affect the health of our citizens, such as the federal drug-approval process that can be influenced by political considerations and the financial power held by massive drug manufacturers. We have discussed the objective findings of studies undertaken by independent federal government organizations such as the U.S. Office of Management and Budget (OMB) that were relevant to medical malpractice issues, to help our readers determine for themselves the unbiased, honest information that will help them form their own opinions on medical malpractice issues relevant to their lives.

While our name, MedicalMalpracticeLawyers.com, and our website  are dedicated to helping the innocent victims of medical malpractice be connected with medical malpractice lawyers in their local area throughout the United States who may be able and willing to investigate their possible medical malpractice claims for them and represent them in their medical malpractice case, if appropriate, we have always provided the source of our information and the link to our source in our blogs so that our readers can read for themselves the original source information.

MedicalMalpracticeLawyers.com will continue to seek out and explore interesting and useful medical malpractice information for our future blogs. If you have information or a request for information regarding medical malpractice issues important to you, please contact us with your information or your request so that we can provide the information to our blog readers.

We wish all of you the best of health, happiness, and enjoyment of life for the New Year!

Please visit our website  or call us toll free (800-295-3959) if we can assist you.

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Maine Medical Malpractice Verdict For Man’s Death

Wednesday, November 23rd, 2011

The surviving wife of a 44-year-old Maine man who died in the hospital on his birthday (which was also Mother’s Day) received a favorable jury verdict during early June, 2011. The man’s death was witnessed by his wife, children, and parents who had gathered at the hospital to celebrate his birthday and Mother’s Day. The Maine jury found that the hospital, treating doctors, and nurses were negligent in their care of the man and that their negligence was the cause of his death.

The man was severely injured as a result of a roll-over accident involving the all-terrain vehicle (ATV) that he was driving. He suffered broken ribs and had symptoms of internal bleeding. The medical malpractice lawsuit claimed that the treating doctors failed to properly follow up on indications of the man’s internal bleeding, including their failure to order follow-up x-rays to monitor the internal bleeding.

After 36 hours in the hospital, the internal bleeding led to one of the man’s lungs to collapse, with the resulting lack of oxygen leading to a massive heart attack, from which he did not survive. The medical malpractice claim alleged that with prompt and proper treatment, including the placement of a chest tube that would have drained accumulating fluid, the man’s death was avoidable. The medical malpractice defendants alleged that the man died from a unexpected and unpredictable rupture of an artery that no medical testing could have prevented. After a six-day trial, the jury agreed with the surviving wife’s claims.

Maine’s cap (limit) on noneconomic damages for conscious pain and suffering, loss of companionship, and emotional distress will result in the reduction of the jury’s verdict in the amounts of  $1 million for the man’s conscious pain and suffering and $4.5 million for the wife’s loss of companionship and emotional distress, to less than half-a-million dollars for both.

Source

This case is an example of the inadequacy and the injustice of caps (limits) placed by state legislatures on the amount of noneconomic damages determined and awarded by juries. If juries are entrusted to determine if medical providers were negligent and were guilty of committing medical malpractice resulting in injuries to the victims of their medical mistakes and errors, and to determine the amount of money to be awarded for such injuries, damages, and losses, then why is it appropriate or desirable for the juries’ hard work to be ignored and set-aside to the detriment of medical malpractice victims and to the unjustified benefit of medical malpractice wrongdoers? When did it become constitutionally right to suborn a jury’s inviolate decision to a legislature’s politically-motivated  decision? Aren’t we all at risk with regard to our constitutionally-protected rights when elected officials have veto power over judicial decisions?

If you or a loved one in Maine or in another state in the U.S. were injured as a result of medical malpractice committed by a negligent medical provider, you may be entitled to compensation for your resulting injuries and losses. Visit our website or call us toll free 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to assist you with bringing a medical malpractice claim.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!