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Archive for the ‘Medical Misdiagnosis’ Category

Indiana Medical Malpractice Verdict Upheld On Appeal In Failure To Diagnose Colon Cancer Case

Friday, April 27th, 2012

On April 12, 2012, the Court of Appeals of Indiana filed its decision in a medical malpractice case in which the plaintiff alleged that his gastroenterologist failed to timely diagnose his colon cancer. The Court of Appeals upheld the verdict in favor of the plaintiff in the amount of $1.25 million, which had been reduced fom the medical malpractice jury’s original verdict in the amount of $2.5 million pursuant to Indiana’s Medical Malpractice Act.

The Underlying Medical Malpractice Facts

The 35-year-old patient visited a gastroenterologist on April 26, 2004 (the same gastroenterologist who had treated his mother for colon cancer for eight years during the 1990s) with complaints including upper stomach pain, nausea, and occasional vomiting,  rectal bleeding, and diarrhea. The gastroenterologist examined the patient, including a digital rectal exam and a hemoccult test that checks for blood in the stools (which was negative), and had the patient undergo an endoscopy procedure known as an EGD (commonly called “an upper GI”) that showed severe gastritis of the stomach, duodenitis, and a gastric ulcer. However, neither a sigmoidoscopy nor a colonoscopy were ordered at that time.

Exactly one year later (on April 26, 2005), the patient visited the gastroenterologist again and obtained refills for his prescriptions in anticipation of his move to Arizona. The gastroenterologist claimed that no discussion was had at that time regarding the patient’s rectal bleeding.

After the patient’s move to Arizona, he came under the care of an Arizona gastroenterologist, who performed a colonoscopy on the patient on August 31, 2006, which revealed a sizable mass lesion in the sigmoid colon that was surgically removed. However, the patient’s diagnosis was that he had a very advanced Stage Four cancer.

The Defenses To The Medical Malpractice Claim

The Indiana gastroenterologist who was sued for medical malpractice alleged during the jury trial that the patient had failed to tell him about his family’s history of colon cancer. The patient testified during the trial that he told the gastroenterologist about his mother’s history of colon cancer during the initial visit in 2004 and that he had also requested a colonoscopy at that time; nonetheless, the gastroenterologist testified that his since his office notes did not state the family history of cancer, the patient had failed to tell him about his mother’s colon cancer, and without knowing the family history of colon cancer at that time, it was unnecessary to order either a sigmoidoscopy or colonoscopy in 2004.

The medical malpractice defendant further alleged that the patient was contributory negligent for failing to mention his rectal bleeding during the visit in 2005 (the patient testified during the medical malpractice trial that he told the gastroenterologist about his continuing rectal bleeding during the visit in 2005).

The Medical Malpractice Defendant’s Appeal

The Indiana Medical Malpractice Act requires that once a medical malpractice claim is filed, a medical review panel must be convened to consider the evidence to determine if the evidence supports that the medical malpractice defendant(s) failed to meet the applicable standard of care.

In this case, the medical review panel concluded that the evidence did not support that the defendant failed to meet the applicable standard of care. The review panel concluded that because the medical records from the defendant’s office did not state a family history of colon cancer, the patient had failed to tell the defendant about his family’s medical history in 2004 and therefore a sigmoidoscopy or colonoscopy at that time was not required.

The medical malpractice defendant sought to have physicians from the medical review panel testify during the medical malpractice trial as to their conclusions that the defendant did not fail to meet the applicable standard of care and that the patient was contributorily negligent because the patient failed to tell the defendant about his family’s medical history of colon cancer during the visit in 2004 and failed to tell the defendant about continuing rectal bleeding during the visit in 2005, based solely on the absence of such documentation in the defendant’s medical records.

The medical malpractice trial judge refused to permit the defendant’s experts from testifying as stated above because their testimony involved their opinions regarding the credibility (truthfulness) of the patient’s testimony, which is impermissble. The Court of Appeals of Indiana agreed with the trial judge’s decision in this regard, stating in its written opinion in this case, The “ultimate point” of the proffered testimony was that [the patient] was not truthful on the question of whether he had reported a family history of colon cancer and continued rectal bleeding in 2005. See Whedon, 900 N.E.2d at 506. That testimony was directed to [the patient's] credibility as prohibited by Evidence Rule 704(b). Indeed, as our supreme court recently reiterated, “no witness, whether lay or expert, is competent to testify that another witness is or is not telling the truth.”

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If you may be the victim of medical malpractice in Indiana or in another state in the United States, the prompt advice from a medical malpractice attorney in your local area may help you decide how you may want to proceed with the matter.

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

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Colorado Medical Malpractice Verdict Finally Paid

Saturday, April 21st, 2012

When a 34-year-old woman arrived at a local Fort Collins, Colorado hospital Emergency Department in December, 2006, she complained to the emergency room doctor that she had the worst headache of her life and that she was weak and dizzy. The emergency room doctor diagnosed the woman’s condition as a migraine, he gave the woman pain medication for her headache, and he discharged her to home, despite the woman’s complaints and her dangerously high blood pressure while in the Emergency Department.

The woman was not given a head CT scan while in the Emergency Department that would have found a small bleed in her brain that could have been treated at that time. Unfortunately, the woman became paralyzed on her right side as a result of the alleged medical malpractice.

Her medical malpractice attorneys filed a medical malpractice claim on her behalf that resulted in a verdict in the woman’s favor in the amount of $3.9 million, which was the largest medical malpractice jury verdict in Fort Collins, Colorado to date.

The Colorado medical malpractice insurance carrier for the Emergency Department physician who was sued for medical malpractice recently paid the verdict, despite the fact that the doctor’s medical malpractice insurance policy limit was $1 million (the doctor wanted his medical malpractice insurance company to settle the woman’s claim but it refused to do so, thereby requiring the woman to file her medical malpractice lawsuit and endure the stressful litigation process that resulted in the jury’s $3.9 million verdict in favor of the woman).

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The misdiagnosis of a serious medical condition in hospital emergency departments throughout the United States happen all too often. Sometimes the medical negligence is discovered before the patient’s discharge from the emergency department, before serious and permanent injuries occur. Other times the medical negligence is not discovered unless and until the patient returns to the emergency department with worsening symptoms. And some misdiagnosed or undiagnosed emergency department patients never make it back to the emergency department – they die as a result of the emergency department’s failure to properly diagnose and treatment their dire and deadly medical conditions.

If you or a loved one went to the emergency room and your medical condition was misdiagnosed or not diagnosed and you suffered serious consequences as a result, you may be entitled to compensation for your injuries and losses. It is important to seek the prompt and timely advice of a medical malpractice attorney to investigate your possible medical malpractice claim and to advise you on how to proceed.

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 assist you with your possible medical malpractice case.

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Kentucky Medical Malpractice Jury Awards Man’s Estate $1.45 Million, After 13 Years

Wednesday, March 7th, 2012

Back in 1999, a paraplegic man went to a local Kentucky hospital’s emergency room, complaining of  abdominal pain along with vomiting and constipation that were treated with an enema and pain medication before the man was discharged from the emergency room. That night, the man was vomiting blood all night and had severe abdominal pain. He returned to the hospital’s emergency room where laboratory tests indicated that he was critically sick, but he was discharged anyway, according to the medical malpractice case. The man died several hours later from peritonitis and a ruptured peptic ulcer.

A medical malpractice case was filed on behalf of the man’s estate in 2000 against the hospital and others, which included an allegation that the hospital engaged in the illegal practice of “patient dumping” that involves refusing to treat patients who are uninsured. The medical malpractice claim also included an allegation that the hospital threatened to call the police if the man returned to the emergency room.

The first medical malpractice jury trial ended in a mistrial. The second medical malpractice jury trial in 2005 resulted in a verdict against the hospital in the amount of $1.5 million in punitive damages, which was appealed. As a result of the appeal, a third jury trial that lasted three weeks until the end of February, 2012, resulted in the $1.45 million verdict for punitive damages in favor of the man’s estate. The hospital has vowed to appeal this latest jury verdict.

Source

What Is Peritonitis?

Peritonitis is the inflammation of the peritoneum, which is the thin tissue that lines the inner wall of the abdomen and covers most of the abdominal organs. Peritonitis is life threatening so that its cause must be identified and treated promptly, often by surgery and antibiotics. Symptoms of peritonitis may include a very painful, tender, or distended (bloated) abdomen, which is often painful with movement or when touched. Other symptoms may include fever, chills, abdominal fluid, inability or reduced ability to pass stools or gas, decreased urine,  excessive fatigue, nausea, and vomiting.

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The man’s peritonitis was probably due to his ruptured peptic ulcer — the most common cause of secondary peritonitis is the spread of an infection from the digestive tract.

If you have been misdiagnosed in a hospital emergency room or the emergency room was negligent in its treatment of your condition, you may be entitled to monetary compensation for the injuries and suffering that you sustained as a result of the medical mistakes or errors. Often it is necessary to engage the services of a medical malpractice attorney to investigate the cause(s) of your injuries to determine if you have been harmed by medical malpractice.

Click here to visit our website  to be connected with medical malpractice lawyers in your local area who may be able to investigate whether you have a valid claim for medical malpractice and to represent you in your medical malpractice claim, if appropriate. If you prefer, you may also contact us toll free at 800-295-3959.

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New York Medical Malpractice Settlement For Woman Who Lost Both Hands, Both Feet, And One Eye

Tuesday, March 6th, 2012

A  Brooklyn, New York mother has received a settlement from the city of Brooklyn, New York and from a local Brooklyn hospital and two of its doctors for her severe losses suffered as a result of alleged medical malpractice that cost her her feet, her hands, and her sight in one eye.

In September, 2008, the woman went to the Brooklyn Hospital Center’s emergency room in severe pain, where she was diagnosed with a kidney stone and discharged to home with painkillers. The next day she was in excruciating pain and had numbness that led her to call 911 twice so that she could be transported back to the emergency room. However, the responding New York Fire Department’s emergency crew failed to transport her back to the hospital.

The following day, the woman’s fiance rushed her back to the emergency room, where she was diagnosed with sepsis throughout her body that caused her to develop gangrene in her arms and legs and to fall into a coma. By the time she awoke from the coma, her feet (her legs below her knees) and her hands (above her wrists) had been amputated in order to save her life and she was legally blind in one eye.

She filed a medical malpractice claim for her life-long debilitating losses that she litigated for three years and which survived a motion to dismiss before the city of Brooklyn settled the claims against it for $8.5 million and the Brooklyn Hospital Center and two of its doctors settled the claims against them for $9.4 million.

Source

If not treated timely and properly, sepsis (a massive systemic bacterial blood infection) can quickly lead to catastrophic injuries or death. The death rate from severe sepsis can be as high as 30% to 50% (of the more than 750,000 people in the United States who suffer from severe sepsis each year, about 28% (approximately 215,000) will die). In fact, sepsis is the leading cause of death in non-coronary ICU units. Source  Sepsis is the tenth leading cause of death in the United States. There were 1,017,616 deaths due to sepsis in the United States between 1999 and 2005 (6% of all deaths) . Source

If you acquired sepsis or another serious infection while hospitalized or as a result of medical malpractice, you may be entitled to compensation for your suffering and losses. The prompt advice of a medical malpractice attorney may help you decide if you have a potential medical malpractice claim.

Visit our website  or telephone us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be able to investigate your possible medical malpractice claim and represent you in your medical malpractice case, if appropriate.

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

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We’re Celebrating One Full Year Of Daily Blog Postings!

Sunday, March 4th, 2012

Well, we have reached a significant milestone — one complete year of our daily blog postings (we started daily posting in our Blog on March 5, 2011 and have posted every day since). When we first started to blog, we thought that it might be difficult to find relevant, interesting information to discuss on a daily basis, but our concern was misplaced (fortunately). In fact, we have thoroughly enjoyed, learned from, and looked forward to researching  matters for our postings.

Without our constant research into medical malpractice issues and other medically-related matters, we would not have become aware of the facts behind the constant onslaught of attacks against medical malpractice victims’ rights and the increasing elevation of medical malpractice wrongdoers’ financial interest over their innocent victims’ right to be fully compensated for their permanent injuries, for their life-long and constant pain and suffering, and the unending devastating effect on their families and loved ones.

In the last six months alone, we have posted many blogs that have addressed critical issues regarding medical care and medical malpractice in the United States, including:

We discussed the West Virginia orthopedic surgeon who had 124 medical malpractice claims filed against him resulting from only 7 months of medical practice in a West Virginia hospital, which cost the hospital’s corporate owner approximately $100 million in medical malpractice payments (see our Blog posting for February 20, 2012).

We brought light to the fact that nearly 4.5 hospital acquired infections occur for every 100 hospital admissions in the United States each year, costing the healthcare system between $5.7 billion and $6.8 billion per year (figures for 2007). And that hospital acquired infections are among the leading causes of preventable death in the United States, effecting 1 in 20 hospitalized patients and accounting for 1.7 million infections and 99,000 deaths (figures for 2002). (See our Blog posting for February 28, 2012).

We tried to dispel misperceptions such as the belief that poor patients sue for medical malpractice more often than others (see our Blog posting for March 2, 2012).

We reported on the $285 million settlement of approximately 120 product liability lawsuits brought against a giant international pharmaceutical company for claims that it sold over-sized vials of generic propofol to endoscopy clinics in Nevada while allegedly knowing that the vials were being used for multiple patients that allowed the spread of hepatitis C and other blood-borne infections despite the markings on the vials that they be used for single-use only. (See the Blog posting for February 23, 2012).

We cited official statistics regarding medical malpractice claims in the United States (“One in three Americans have reported that they or a family member had been a victim of medical malpractice. One in five reported that a medical error caused serious health problems or death….a report released by the U.S. government in 2010 found that one in seven Medicare patients are injured during hospital stays and that adverse events contribute to 180,000 deaths each year, costing the U.S. government $4.4 billion per year. One survey found that 70% of patients who suffered from a medical error were not informed about the error. Studies have shown that most medical malpractice claims are meritorious and that 97% involved medical injury and 80% involved serious disability or death.”) See our Blog posting for September 19, 2011.

We provided additional statistics regarding medical malpractice in the United States: “An often-repeated statistic is that medical malpractice (preventable medical errors) in the United States causes approximately 98,000 deaths per year and is the sixth leading cause of death in the United States. Despite these statistics, there are very few medical malpractice claims filed relative to the number of potential claims. Research has found that the vast majority of medical malpractice claims filed are meritorious. Almost one-half of physicians admit that they have not reported their medical errors or incompetence. About six percent of physicians are responsible for almost sixty percent of medical malpractice claims in the United States.”

Further statistics regarding medical malpractice in the U.S. are: ”The costs of medical malpractice claims is less than two percent of all health care costs in the United States. Completely restricting medical malpractice claims would lower health care costs by less than one-half of one percent. The number of medical malpractice claims have remained relatively stable over the last several decades but medical malpractice insurance premiums charged by medical malpractice insurance companies during that time increased quickly, resulting in high premium surpluses enjoyed by the insurance companies. Health care costs have not been reduced in states that have enacted caps on damages in medical malpractice cases but hospitals and medical malpractice companies have enjoyed earnings in the tens of millions of dollars without reducing their charges to patients and physicians in those states. The number of physicians in the United States is increasing and outpacing the rate of population growth in the United States. There are twice as many physicians per 100,000 population in the United States now than in the 1960s. The ratio of physicians to 100,000 population is highest in those states that do not have caps on medical malpractice damages. Two-thirds of physicians who have had ten or more medical malpractice payments have never been subject to disciplinary action (almost one-half of hospitals have never reported a disciplinary action to the National Practitioner Data Bank).” From our Blog posting for September 18, 2011.

We have discussed many drug issues as well, such as:

– a warning regarding a counterfeit version of the cancer medication Avastin (Blog posting on February 21, 2012);

–  the abuse of prescription painkillers  (“The sale of prescription painkillers in the United States has more than tripled since 1999. Over 36,000 people died from drug overdoses in the United States in 2008, which included over 20,000 who died from prescription drug overdoses.” Blog posting on February 26, 2012);

– the safety of generic versions of brand-name drugs (see our Blog posting on February 13, 2012);

– companies that overcharge for drugs (“A recently filed federal lawsuit claims that the largest drugstore chain, Walgreens, and a generic drug manufacturer, Par Pharmaceuticals Cos., overcharged insurance companies, union health and welfare funds, and self-insured employers for generic versions of Prozac, Zantac, and generic versions of other common prescription medications manufactured by Par by providing and billing for higher-priced capsules of the drugs rather than the tablets prescribed by physicians.” Our Blog posting for January 16, 2012);

– critical drug shortages in the United States (“The GAO reported that drug shortages have increased each year from 2006 through 2010, with a record number of drug shortages in 2010 and the pace of drug shortages in 2011 that is expected to surpass 2010. There were a total of 1,190 drug shortages reported from January 1, 2001 through June 20, 2011, and 65% of the shortages involved drugs that were in short supply more than once. The average drug shortage lasts more than 9 months (286 days).” As reported in our December 17, 2011 Blog posting);

–  additional statistics regarding drug shortages in the U.S.: ”The shortage of sterile injectables represented 74% of the drug shortages during 2010: 54% of the shortages in sterile injectables during 2010 were due to contamination, particulates, and impurities; 21% were due to delays or manufacturing capacities; 11% due to discontinuation; 5% due to raw materials issues; 4% due to an increase in demand due to another shortage; 3% due to the loss of a manufacturing site; and, 2% due to component problems or shortages. Only 7 manufacturers make up a large portion of the manufacturers of sterile injectables, which are often less attractive economically to produce.” As reported in our October 1, 12011 Blog posting;

– the manner in which large drug manufacturers are preventing lower cost generic drugs from becoming available to the public (“The U.S. Federal Trade Commission (“FTC”) has reported that name-brand drug manufacturers will cost U.S. taxpayers billions of dollars over a 10 year period by paying generic drug manufacturers to delay their introduction of lower-cost generic alternatives to brand-name drugs. The FTC found that for the period from October 1, 2010 through September 30, 2011 (Fiscal Year 2011), drug companies entered into 28 potential pay-for-delay deals (there were a record 31 such deals in the prior fiscal year). The deals involved 25 different name-brand pharmaceutical products with combined U.S. annual sales greater than $9 billion.” See our Blog posting for October 27, 2011).

We noted research that found that most medical malpractice events go unreported (“A new report regarding a study of Medicare patients who were injured in hospitals found that only one in seven hospital errors were reported.”) See our Blog posting for January 14, 2012).

We reported on the egregious failure to discipline doctors who commit medical malpractice in the United States (“…the Medical Board’s failure to discipline 710 California doctors who were subject to discipline for wrongdoing by California hospitals and other health care organizations between September 1990 and December 31, 2009…102 of the 710 doctors had been determined by peer reviewers to be an immediate threat to the health or safety of patients…35% of the 710 doctors were repeat offenders…Of the 220 doctors in the United States found to be an immediate threat to health or safety of patients, almost half were California doctors.”) Read our Blog for January 3, 2012.

We brought to light the fact that medical malpractice insurance companies enjoy huge profits while at the same time raising the premiums they charge doctors and complaining about “frivolous medical malpractice lawsuits” (“The largest medical malpractice insurance company for medical malpractice claims against physicians and surgeons in the United States is The Doctors Company. The Doctors Company had 71,572 members, $4,060,651,000 in assets, and $1,228,237,000 in member surplus for 2010. The Doctors Company is so profitable that in 2011, it announced a $23 million dividend for its members. Since 1976, it has paid over $207 million in dividends, including over $100 million in the last five years alone. The Doctors Company reports that it pays damages in only 18% of the medical malpractice claims made against its members.”) Read our Blog for November 13, 2011.

We cited a report in our November 14, 2011 Blog that found that “Caps on noneconomic damages do not have any effect on the medical malpractice insurance premiums charged doctors. (In 2009, the average medical malpractice insurance premium was 1.8 times what it had been in 2001, both in states with caps and in states without caps.) Medical malpractice companies in all states in the United States have experienced increased profits. Medical malpractice companies in states that have caps (limits) on the amount that medical malpractice victims can recover experienced increasing profits at an even higher rate (24% higher) than the medical malpractice companies in states without caps (if medical malpractice insurance companies pay out less, they keep more profits). And the rate at which profits are increasing is greater in states with caps than states without caps.”

We reviewed the statistics regarding the effect of medical malpractice claims and the effect of caps (limits) on non-economic damages on doctors in the United States (“How have medical malpractice claims really affected doctors? For one thing, doctors are not packing their medical bags and becoming taxi drivers. A survey of high-risk medical specialists found that 43% stated that they would restrict or eliminate services because of medical malpractice claims but only 3% actually did what they said they would do. In 2009, there were a record 972,376 doctors in the United States, which was nearly 18,000 more than in 2008. In 2009, there were 317 doctors for every 100,000 in population – a record proportion. Has the imposition of caps (limits) on noneconomic damages in medical malpractice cases by some states resulted in more doctors practicing in those states than in states that don’t have the caps? The number of doctors per 100,000 population is 21% higher in those states without caps (349) than those states with caps (288). The average medical malpractice insurance premium is higher in those states with caps than for those states without caps (the average rate of profit for medical malpractice insurance companies in those states with caps is 25% higher than for those in states without caps). Recent increases in medical malpractice premiums were based on diminishing investment values and lower interest rates as opposed to medical malpractice claims payments – there is little if any correlation between medical malpractice payments and medical malpractice premiums.”) Read our September 20, 2011 Blog posting.

We invite you to visit our Blog by clicking here, where you can read today’s daily blog posting, sign up for our daily blog postings to be sent automatically to your email every day, and/or to search by word or phrase our database of blog postings to find the information that you need or that you are seeking.

If you or a loved one have been injured as a result of medical malpractice in any state of the United States, the prompt advice of a medical malpractice attorney is essential to protecting your rights.

Click here to visit our website  or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be willing to investigate your possible medical malpractice claim and represent you in a medical malpractice case, if appropriate.

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

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New Jersey Medical Malpractice Verdict For Man Who Died From Pulmonary Embolism

Wednesday, February 29th, 2012

A man went to a local New Jersey hospital’s emergency room to be examined and treated for chest pains and shortness of breath that he feared might be serious. He was seen in the emergency room by a doctor who diagnosed the man as having a virus. The emergency room doctor discharged the man to home without even offering him a prescription.

That night, the man’s condition worsened to the point that he thought that he was dying. He quickly wrote and signed his own will, naming his best friend as the executor of his estate. Early the next morning, the man lost consciousness and collapsed. His girlfriend called 911 but by the time the man arrived at the emergency department, he had died. It was determined that the man suffered a pulmonary embolism that lodged in the main artery of his lung, causing his death.

What Is Pulmonary Embolism?

Pulmonary embolism (“PE”) is a sudden blockage in a lung artery. The most common source of the blockage is a blood clot that traveled from a deep vein in a leg to the lungs, often due to deep vein thrombosis that involves the formation of blood clots in deep veins (most often in the deep veins of the legs). PE can cause death if the blood clot is large enough or if there are multiple clots. PE can also cause lung damage due to the lack of blood flow to part of the lung, which may result in a serious medical condition known as pulmonary hypertension (increased pressure in the pulmonary arteries). PE can also result in reduced blood oxygenation that can lead to damage to various organs in the body.

PE and deep vein thrombosis affect between 300,000 and 600,000 people in the United States each year. About 30% of people with PE die if not treated promptly. Prompt diagnosis and treatment of PE is essential in order to prevent complications or death from PE.

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How Is Pulmonary Embolism Diagnosed?

Blood clots in deep veins may be diagnosed using ultrasound before they can travel to the lungs and cause PE. CT scans may be used to look for blood clots in the legs or lungs. A VQ scan (a lung ventilation/profusion scan that uses radioisotopes that shows both air flow and blood flow through the lungs) can help determine blood oxygenation to the lungs. In some cases, pulmonary angiography may be performed (pulmonary angiography involves inserting a catheter through the groin or arm into the lungs during which a dye is injected and x-rays taken to determine blood flow through the lungs).

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How Is Pulmonary Embolism Treated?

Blood thinners (anticoagulants) such as heparin and/or warfarin may be used to make it more difficult for blood to clot (anticoagulants do not break up clots that have already formed; most blood clots are dissolved over time). In emergency situations,  thrombolytics may be given to patients that quickly dissolve large blood clots although thrombolytics can be dangerous because they can cause sudden bleeding. A catheter may be inserted to either remove the blood clot or to deliver drugs directly to the area of the blood clot to dissolve the blood clot.

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What Are Some Of The Symptoms Of Possible Pulmonary Embolism?

Some of the more common signs and symptoms of possible PE include unexplained shortness of breath, problems breathing, chest pain, coughing, or coughing up blood.

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In the New Jersey man’s case, the man complained of shortness of breath and chest pain while he was in the emergency room (two of the signs and symptoms of PE). Nonetheless, the medical malpractice defendants argued that the man did not have PE until the next morning, shortly before he died.

The medical malpractice jury evidently did not believe the defense because it awarded the man’s estate $1,065,000 on January 31, 2012, after three weeks of trial.

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If you were the victim of medical malpractice in New Jersey or in any other state in the United States, you may be entitled to compensation if you incurred medical expenses, sustained other economic losses, and/or suffered noneconomic damages such as pain and suffering, mental anguish, disfigurement, etc.

The advice of medical malpractice attorneys may help you determine if you were the victim of medical negligence and if you can file a medical malpractice claim for your injuries and losses.

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

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

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Pennsylvania Medical Malpractice Claim For Good Deed Turned Deadly

Saturday, February 25th, 2012

An unmarried couple who had been together for 21 years and had an eighteen-year-old son together had to deal with a life-altering situation when the man’s kidneys were failing due to his diabetes and kidney dialysis wasn’t working well for him. Out of a sense of compassion and caring, the woman offered to donate one of her kidneys to the man to save his life. Repeated routine blood testing of the donor showed that she had hepatitis C, a serious and potentially life-threatening virus that can destroy the liver, that would have disqualified her as a kidney donor.

Nonetheless, the woman was not told that she had hepatitis C and the kidney transplant was performed. The transplantation itself went well. Afterwards, the man was diagnosed with hepatitis C. According to the medical malpractice lawsuit, the hospital tried to blame the woman for causing the man to contract hepatitis C and tried to cover up its mistake by asking the woman to keep the man’s hepatitis C diagnosis from him.

The medical treatment for the man’s hepatitis C can harm his new kidney and result in organ failure and death. The man and woman have filed two medical malpractice lawsuits against the hospital, the doctors involved with his kidney transplant, and other medical staff.

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Between 2007 and 2010, more than 200 cases of suspected (but unexpected) transmission of serious viruses as a result of transplanted organs were investigated by the Centers for Disease Control and Prevention.

In general, a kidney transplanted from a living donor is better than a kidney from a cadaver. There are nearly 17,000 kidney transplants performed in the United States each year, with almost 6,200 of the kidneys coming  from living donors. There are more than 28,000 organs of all types that are transplanted in the United States each year, which falls way short of the 112,000 people who need organ transplants and the more than 6,500 people who die each year waiting for a donor organ to become available.

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Organ transplantation offers a better quality of life to organ recipients and an opportunity to live a longer life. Medical advancements have allowed organ transplantation to come a long way towards accomplishing both goals. But despite advances in transplantation techniques and organ rejection medications, we must still rely on the human factor in ensuring the best possible outcome from organ transplants.

Since organ transplants first became part of mainstream medicine, medical experts participating in transplant programs have known how important it is to ensure that the proper donor organs are transplanted into the proper organ recipients. It is generally accepted that the health history of the donor must be examined and medical tests performed to make sure that the organ donor is an appropriate candidate to donate an organ. Viruses such as hepatitis B, hepatitis C, and the virus that causes AIDS can reside in the blood and the organs of organ donors and it is imperative that the proper testing be done of the organ donor to minimize danger to the organ recipient; after all, medical ethics is ruled by the maxim expressed by the Latin phrase primum non nocere (“first, do no harm).”

If the allegation in the Pennsylvania medical malpractice case that the hospital should have known by the results of the woman’s blood tests that she had hepatitis C before she became a kidney donor for her long-time companion is true, then it would be an egregious violation of the the man’s rights and a clear breach of the standard of care (that is, medical malpractice) to have not advised the woman with regard to her hepatitis C status and to have transplanted her kidney into her companion, especially without advising the man of the situation.

We must put our faith and trust in the expertise and ethics of our health care providers in making appropriate medical decisions with regard to our medical care and treatment because they are the ones with the specialized knowledge and training that we lack in deciding our own fate. However, our medical providers are duty-bound to fully and properly advise us of our medical conditions and medical treatment options so that we may make an informed decision as to our medical treatment. If our medical providers hide from us information that a reasonable patient would want and expect to know about his or her condition or medical treatment, then the medical providers have breached their duty and may be held accountable for their actions.

When the actions or omissions of a medical provider may be the cause of serious injuries or even death, the services of a medical malpractice attorney may be essential in determining if medical malpractice has occurred.

Click here to visit our website  to be connected with local medical malpractice lawyers in your state who may be able to assist you in investigating your possible medical malpractice claim and to represent you in your medical malpractice case, if appropriate.

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New York Medical Malpractice Verdict For Death Due To Undiagnosed Aneurysm

Wednesday, February 22nd, 2012

When a 49-year-old man walked into a New York hospital’s emergency room in November, 2007, he complained to the emergency room physician of classic signs of an aortic aneurysm (an aneurysm is a balloon-like bulge in an artery caused by certain medical conditions, genetic conditions, or trauma that damage the wall of the artery. The aneurysm can enlarge and rupture or dissect (split), causing life-threatening internal bleeding. Most aneurysms occur in the main artery that carries oxygen-rich blood from the heart to the rest of the body, known as the aorta. Ruptures and dissection of aneurysms are often fatal. Source)

The emergency room physician, who was board-certified in obstetrics and gynecology at the time of the man’s visit to the emergency room, diagnosed a muscle strain but failed to diagnose the man’ s aortic aneurysm. An x-ray taken at the time of the emergency room visit evidently showed the aneurysm. The man was sent home, where he was found dead two days later by his 10-year-old son. An autopsy found the ruptured aortic aneurysm.

The emergency room physician, who worked for an outside group that contracted with the hospital to provide emergency department services, argued during the medical malpractice trial that the man’s aortic aneurysm was not present at the time he examined the man in the hospital emergency room.

The New York medical malpractice trial lasted one month. On February 15, 2012, the jury returned a verdict in favor of the man’s family and against the hospital and the emergency room physician in the amount of $3.4 million. The hospital has stated its intention to appeal the verdict.

Source

Hospital emergency rooms exist in our communities to provide emergency, acute care to patients who walk into the emergency room or arrive by ambulance. The timely and proper diagnosis of the medical conditions of the patients is critical in determining the proper care, whether that care is provided in the emergency room or as inpatient treatment in the hospital, or provided by another source outside of the emergency room at a later date (such as primary care physicians).

If the patient’s medical condition is life-threatening and acute but not properly diagnosed in the emergency room and the patient does not receive necessary medical treatment or not timely referred for appropriate medical treatment, the hospital and/or the emergency room staff may be held responsible for their failure to provide the required medical care if the patient suffers foreseeable injuries as a result of not receiving the proper medical care.

If negligent emergency room treatment may be the reason for your injuries or suffering, you may be entitled to compensation for your losses. Medical malpractice attorneys may be able to investigate your possible medical malpractice claim for you.

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

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West Virginia Medical Malpractice Death Caused By Bowel Perforation Misdiagnosed By Telephone

Wednesday, February 1st, 2012

When a 67-year-old man who was suffering from multiple sclerosis and was paralyzed from the chest down went to a local West Virginia hospital to be treated for a urinary tract infection, the last thing he or his family would have anticipated would be that the man would never make it home again. Instead, the man died from a misdiagnosed bowel perforation that went untreated until it was too late.

Two weeks ago, a West Virginia medical malpractice jury began to hear the medical malpractice case filed on behalf of the man’s surviving son. At first, the man seemed to be improving in the hospital and his doctor advised his family that he expected the man to be discharged from the hospital the next day. As the day progressed, the family became increasingly concerned about the man’s deteriorating condition, including his increasingly distended abdomen, and was asking for a doctor to examine the man instead of the nurses conferring with a doctor by telephone. The doctor reached by telephone ordered an x-ray based on what the nurses told him. The family alleged that the radiologist who read the x-ray misinterpreted the findings.

The doctor reached by telephone believed that the man was suffering from a less-serious fecal impaction instead of a life-threatening perforated bowel. Finally, at 3:00 a.m., a doctor examined the man and immediately transferred him to the intensive care unit in preparation for emergency surgery. The man died about 5:00 a.m. that same day.

Source

As the trial continued into its second week of testimony last week, the parties settled the medical malpractice case for an undisclosed sum after the trial judge’s ruling made it difficult for the plaintiff to obtain punitive damages. Since the cap (limit) on noneconomic damages that applied to the son’s claim in West Virginia was $500,000.00, the plaintiff’s lawyer said it made sense to settle the case.

Source

There is no excuse for a hospital to not have available on a 24 hours per day, seven days per week basis the proper medical personnel to respond to any foreseeable medical situation or medical emergency that may occur. The necessary medical personnel must be either physically at the hospital or able to respond to the hospital to treat patients in a short period of time. A telephone consultation with a doctor without a hands-on examination by the doctor of an acutely ill patient is gambling with the patient’s health and life that the telephone diagnosis is accurate. If the wagered diagnosis is wrong, it is the patient who loses, sometimes paying with his or her life.

If you have been the victim of a misdiagnosed or undiagnosed medical condition in a hospital or otherwise, you may have the basis for bringing a medical malpractice claim to be compensated for your expenses and losses due to the medical negligence. Medical malpractice attorneys may be able to investigate your possible medical malpractice claim to determine if your claim should be brought.

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 willing and able to bring a medical malpractice claim on your behalf, if appropriate.

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

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