Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Nursing Home Abuse – Are Surveillance Cameras the Answer?

As our elderly loved ones age, it becomes an increasing priority to care for them and their health. If affordable, nursing home care can be an option to care for our elders. In fact, an article in the Elder Law Journal states that approximately half of Americans over age 65 will be admitted to a nursing home in their lifetime, and projects such numbers to increase in the future. Although we would much rather be by our loved one’s side caring for them, often this is not a possibility. Paying someone else to care for them on a full- time basis should be the next best thing.

Although many nursing homes provide exceptional care for residents, sometimes the staff members allow patient’s needs to suffer. This is a problem affecting many nursing homes throughout the country. There is a wide range of estimates regarding instances of neglect and deficiency in such homes. An estimate at the low end of the scale finds that approximately 30% of the nursing homes nationwide have such severe deficiencies to warrant the implementation of sanctions. Additionally, a study by the Florida Agency of Health Care Administration has reported that about one out of 20 nursing home patients will experience some sort of abuse while in the facility.

In New York, Attorney General Andrew Cuomo has decided to use hidden cameras (often dubbed “granny cams”) in nursing homes to help reduce the incidences of such abuse, and aid in prosecution when it does occur. The way this procedure works in New York is that the hidden cameras are placed in the rooms of residents with the knowledge and permission of the residents and their families. The nursing home staff, however, will remain uninformed. The video cameras have the additional capability to be monitored in real time. The reasoning for not telling the nursing home staff is that the nursing home abuse will not be captured if the staff knows they are being watched. This camera monitoring system has already proven useful, and has been used by the attorney general’s office in the prosecution of four cases, which resulted in 26 convictions.
 

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Breast Cancer Awareness: Is it Possible to be Over-aware?

Breast cancer awareness month has just passed. The importance of regular mammograms for cancer prevention is one of the mottos of this battle for cancer screening. Most cancer is treatable if it is caught early enough in the process. The stories related to this terrible disease are very tragic, and stress the importance of early detection. We've all heard or known about someone who was too afraid to go to the doctor until it was too late. This illustration has been talked about many times in cancer prevention month.  A woman too afraid to go to the doctor delays getting treatment, thinking she could walk-off the lump in her breast until she fell so sick that she finally had to see her health professional. Once at her doctor’s office the woman learns that she has breast cancer, which by now has spread throughout her body. Her chance of survival is low now, and it is dependent upon the success of a rigorous course of surgeries and chemotherapy treatments. The worst part of this story is that the woman would have had a 100% chance of survival if she had come in when she first noticed a problem.

And that story is only the beginning. There are a plethora of tragic stories related to this disastrous illness, such as the woman from Sydney, Australia who recently was awarded a mere $400,000 after a breast cancer misdiagnosis. The woman went to her doctor for an annual mammogram. A lump showed up in the mammogram, but she was reassured by her doctors that it was benign and nothing to worry about, only to later find out that the lump had been cancer, which by that point, had metastasized to her lungs and her brain. These stories are incredibly tragic, and hopefully, breast cancer awareness campaigns, such as breast cancer awareness month, will reduce the incidence of such horrible occurrences in the future.
Regular mammograms are widely heralded as the key in breast cancer awareness. But how reliable is this technology?
 

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Hospital Acquired Infections

                The Center’s for Disease Control and Prevention estimates that 5 -10% of hospitalized patients develop an infection related to healthcare association (HAI).  This corresponds to approximately 2 million HAI’s associated with nearly 100,000 deaths each year in US Hospital.  Studies have shown that patients requiring intensive care are at much higher risk. Most infections that become clinically evident after 48 hours of admission are considered hospital acquired.  Sadly, many of these could have been prevented by implementing practices that would have prevented the infections.  Recent measures put into effect in some hospitals focused on HAI prevention into regulatory and financial reimbursement systems, which reflect the growing belief that many HAIs are preventable, possibly thru the implementation of evidence based “best practices.”

                There are three different risk factors for the invasion of bacteria, which can be categorized into three different areas: 

·         Iatrogenic – These include bacteria transmitted from the hands of hospital personnel, antibiotic use, prophylaxis and invasive procedures sure as tube intubation, vascular lines, extended ventilation and urine catheterization.

·         Organizational - This includes environmental situations such as contaminated ventilation systems and water systems and staffing and physical layout of facilities, for example bed to patient ratio and nurse to patient ratio.

·         Prophylaxis – This includes issues such as length of stay, underlying immune-compromised state and severity of illness.

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Surgical Errors, Medical Malpractice
 

Undergoing surgery is never a pleasant experience. Each surgery has its risks and rewards, or we would not consider getting surgery as a form of health care. It is vitally important that the surgeon operate with precision, as even the most seemingly insignificant mistake can result in grave consequences for the patient. According to the Centers for Disease Control and Prevention, there were over fifty million surgical procedures performed in the United States in 2007 alone, and sadly, a number of surgical mistakes did take place.

Some of the most common surgical errors include post operative and pre-operative infections, performing surgery on the wrong part of the body, or even on the wrong patient. Although it is difficult to believe that such a mistake as performing surgery on the wrong body part could occur in modern medicine, hundreds of people each year have the wrong leg, arm, side of the body, or even hemisphere of the brain operated on. Many surgical mistakes stem from oversights in pre-operative care, such as a false positive or a false negative report from a lab, or the surgeon fails to collect a complete medical history of the patient before the surgical procedure. Other surgical mistakes result from allergic or other adverse effects of medication. Perforations of internal organs by a scalpel or a laser can cause severe harm to a delicate organ. Severing a nerve is quite common, since the nervous system runs throughout the entire body and is extremely vulnerable. Some of the most common types of surgeries where surgical errors are likely to occur include gastric bypass, childbirth, cardiothoracic, thoracic surgery, laparoscopic intestinal surgery and plastic/cosmetic surgery. Finally, anesthesia errors can happen during surgery, with even a small error in dosage causing grave and potentially life-threatening consequences.
 

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Wrongful death in a medical malpractice.

Medical malpractice is a serious issue in our hospitals and is a leading cause of wrongful death. Over 225,000 people die from medical malpractice related injuries in a single year. A US Department of Justice report in 2007 noted that the number of payouts stemming from medical malpractice cases increased 40%. According to a new study by the Department of Health and Human Services (DHHS) Agency for Healthcare Research and Quality (AHRQ) one of every ten patients nationwide who died within 90 days of surgery did so because of a preventable medical error. The study also found that those same errors cost nearly $1.5 billion annually. We are taught to trust doctors and follow their advice as it pertains to our health. After all, doctors go through an extensive course of training, pass a medical board exam and complete several years of residency, which thoroughly prepare them to treat and protect our health. Unfortunately, despite all of these safeguards, medical errors are all too common.

Medical error may turn a routine medical procedure into a tragedy. Generally, a medical error is not necessarily medical malpractice. A deviation from the standard of care is what makes a medical mistake a potential malpractice claim. This is known as medical negligence. Some medical errors include surgical malpractice, medication errors, bacterial infections, birth injuries, dental malpractice and diagnosis errors. Often, preventable medical mistakes result from staff failure to follow standard policies and procedures. Some suggest that medical errors occur due to lack of sleep. Others believe that the doctors service too many patients in too short a time. After being on duty for many hours, physicians, nurses and other medical workers may not communicate well due to fatigue, or time constraints with the numerous patients.

Many states have enacted “apology laws” for healthcare workers. These laws provide for open expression of regret, sympathy or compassion by physicians and other healthcare providers without fear of such apology being used against them in a malpractice suit. These laws are purportedly designed to diminish the number of lawsuits against medical workers by providing families and friends of victims with a sense that the medical provider regrets the unfortunate or tragic outcome of the medical error. The apology laws are designed to encourage healthcare providers to speak candidly with the victims. These laws conflict with the advice given to medical providers by their malpractice insurance carriers who advise doctors not to admit any errors unless they are protected by legislation. Moreover, many hospitals waive costs of medical bills when involving medical errors with the patient.
 

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Medical Malpractice – Cerebral Palsy

Cerebral Palsy is a term used to describe a group of disorders caused by brain damage that affect body movement and muscle coordination. It is a non-progressive disorder which means it will not worsen over time, nor will it be cured. Brain damage that causes Cerebral Palsy can happen during pregnancy, the birth, or shortly after birth; and can be attributed to illness during pregnancy, pre-term birth, or a lack of oxygen to the baby during birth. In the early childhood years it can develop due to certain types of infection, a lack of oxygen to the brain, severe jaundice and other factors. Over 750,000 children and adults in the US suffer from some form or show one or more symptoms of Cerebral Palsy. About 8,000 babies are diagnosed with Cerebral Palsy every year. Cerebral Palsy patients are often diagnosed with the disorder before 18 months of age, usually after  parents notice infants have not reached certain developmental milestones such as crawling or rolling over.

Effects/Symptoms

Some of the effects of Cerebral Palsy are involuntary muscle spasms, awkward gait, poor balance, difficulty swallowing, sight or speech impairment, seizures, abnormal sensation and perception, or mental retardation. Additionally patients with Cerebral Palsy may experience difficulty with bladder and bowel control, difficulty eating, skin disorders, breathing problems because of poor posture, or learning disabilities.

Types of Cerebral Palsy

There are three main types of Cerebral Palsy: spastic, athetoid, or ataxic. Spastic cases, the most common, affect 70 to 80 percent of Cerebral Palsy patients, and are further broken down into three categories. Patients whose lower extremities are affected more so than upper are classified as spastic diplegia;  patients who experience difficulty with only one side of the body are classified as spastic hemiplegia; and patients whose whole body is affected are classified as spastic quadriplegia. Cases of athetoid Cerebral Palsy affect roughly 20 percent of Cerebral Palsy patients. Its characterized by involuntary motions, trouble holding a steady position, or slow, writhing movements. Such patients often have difficulty getting their hands to a certain spot or holding on to objects. Ataxic cases are far less common, affecting less than 10 percent of Cerebral Palsy patients. Affecting balance and depth perception, ataxic Cerebral Palsy patients have difficulty walking steadily or when trying to execute a swift movement. Basic motor skills may also present difficulty.

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 an estimated 1,000,000 injuries per year versus 85,000 lawsuits). This statistical gap leads to two conclusions. Most injured patients do not pursue a claim against the responsible doctor(s). Also, the system filters claims – preventing the frivolous from coming to court.

No doubt the greatest signal barrier to reducing the number of frivolous claims is the plaintiffs’ lawyer. Because plaintiffs’ lawyers frequently work under a contingency fee arrangement, there is a strong economic incentive to pursue only those claims that have a high likelihood of recovery and a high potential recovery value. Professor Herbert Kritzer of the University of Wisconsin surveyed plaintiffs’ attorneys in Wisconsin regarding acceptance rates of medical malpractice cases. Professor Kritzer found that 80% of all medical malpractice cases were declined at the initial contact with attorneys. Another study looked at how particular attorneys handled such inquiries. The lawyers’ office received calls from 730 people over 10 randomly selected days. Only 1 in 30 calls resulted in litigation – lawyers rejected 97% of potential plaintiffs. Greenberg & Bederman has accepted only 5% of medical malpractice inquiries in 2007. Additionally, cases that are initially accepted by lawyers are dropped because they turn out to be weak. In short, lawyers must screen potential cases because:

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Another study has been published about doctors failing to self-report mistakes, despite consensus that doctors should. The new study by the University of Iowa (Go Hawks!) surveyed 338 doctors at three unidentified teaching hospitals. 17% of respondents admitted failing to report “minor” errors (defined as mistakes that prolonge treatment or cause discomfort). 4% of respondents admitted failing to report mistakes that caused disability or death. Lead researcher Lauris Kaldjian was troubled that fewer than half of the respondents stated that they would report hypothetical errors. He said that doctors and other medical professionals should follow the airline industry, which encourages pilots to report every error to check for systemic flaws.

One continues to wonder why doctors would not report errors considering the favorable treatment they receive from politicians and legislatures. The Commonwealth of Virginia’s medical board has reprimanded 2 doctors for their handling of births that resulted in devastating, lifelong injuries to infants during delivery. Both of the affected families were blocked from suing the doctor and hospital because of the commonwealth's 20-year-old, no-fault Birth-related Neurological Injury Compensation Act. In addition, the public reprimands neither fine nor limit the doctors ability to practice medicine. There will, however, be a notation in their permanent records.

The doctors are: Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge.

To learn more about medical malpractice issues, please see our website at medical malpractice law.  To learn more about our medical malpractice lawyer, John Sellinger, please click medical malpractice lawyer maryland.

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Nearly $1M awarded in wrongful death
Originally published April 04, 2006
By Kate Leckie
News-Post Staff

FREDERICK -- A Frederick County Circuit Court jury has awarded $935,000 to the family of a Thurmont man who died about two weeks after having his gallbladder removed at Frederick Memorial Hospital on Aug. 7, 2002.

Deliberating about eight hours following a nine-day medical malpractice trial, the jury of four men and two women found that nurse Abu Kamara and Dr. Steven Nagel violated adequate standards of care for Lester Moser. They reached their verdict about 10 p.m. Friday.

The jury only placed damages against Mr. Kamara and his employer, OMV Medical Inc., ruling that it was the nurse's failure to keep Dr. Nagel informed of the patient's worsening condition that led to Mr. Moser's fatal injuries, according to documents filed at the Frederick County Courthouse.

Mr. Kamara failed to contact Dr. Nagel about three key factors: that Mr. Moser was complaining of severe pain Aug. 9, 2002; that a tube needed for suctioning was not inserted in a timely fashion; and that the patient had vomited.

Transferred to Johns Hopkins Hospital on Aug. 21, 2002, Mr. Moser died two days later of sepsis and organ failure, court documents state.

Mr. Moser, a lifelong Frederick County resident, was 79 when he died.

Virginia Moser filed the wrongful death suit Sept. 16, 2003, about a year after her husband's death from complications arising from the elective surgery.

Citing her husband's conscious pain and suffering, funeral and burial expenses, the suit sought more than $100,000 in damages for the death of her husband of 56 years and the father of her three grown children.

The jury awarded $55,000 for past expenses related to Mr. Moser's medical care; $500,000 in noneconomic damages to his estate; $250,000 in damages to his wife; and $130,000 total in damages to his children.

Contacted Monday by telephone, Ms. Moser had little to say about the trial that ended years of legal maneuvering. "It was hard," she said.

Son Wayne Moser said the family was satisfied with the verdict.

"We're not the type to sue, but we were upset with the way my father's care at the hospital was handled," Mr. Moser said. "You put your family member in the hospital, and something horrible like this happens.

"This has been a great loss for our family," he said.

John J. Sellinger, the lawyer representing the Mosers, said the family was gratified that the jury found in their favor.

"It's been difficult emotionally for them to relive such a painful event. I never met him, but Lester Moser sounds like he was a wonderful man," said Mr. Sellinger of the Silver Spring office of Greenburg & Bederman. "They're really good people."

Mr. Moser's obituary referred to an upbringing on the family's farm and time spent in the orchard.

He also worked as a school bus driver and rural letter carrier.

Mr. Kamara and OMV Medical Inc. of Takoma Park were represented by Stephen J. Cullen of Miles & Stockbridge in Towson. A phone call seeking comment Monday was not returned.

Before the case went to trial, Dr. Kevin Hurtt, who performed Mr. Moser's surgery, and Frederick Memorial Hospital were dropped as defendants.

Judge G. Edward Dwyer Jr. presided over the civil trial.

To learn more about medical malpractice issues please see medical malpractice law.  To learn more about our medical malpractice lawyer, John Sellinger, please click on medical malpractice lawyers maryland, and read the frim bio on John Sellinger.

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The American College of Physicians published a new report in its publication The Annals of Internal Medicine. The report was a survey of over 1,600 physicians during the period of November 2003 to June 2004 regarding whether or not they reported violations of professional codes by other physicians. Although 96% of responding physicians stated that physicians should report impaired or incompetent colleagues, only 45% of respondents who had encountered impaired or incompetent physicians actually reported them. Cardiologists were the least likely of all medical specialists to report a serious medical error of which they had direct knowledge. Family practitioners were the least likely to report an impaired or incompetent colleague (Cardiologists were second by only 0.8%). Jack Lewin, CEO of the American College of Cardiology, says that cardiologists are more likely to handle such problems within their practice groups as opposed to, presumably, reporting such instances to the appropriate authorities.

First, can we please have the names of the doctors in the 4% who do not think mistakes, incompetency and impairment should be reported?

Second, this study only gives further proof of an important argument. As convenient as it is for doctors, insurance companies and politicians to scream about the rising costs of medical malpractice litigation and plaintiffs’ lawyers, the real problem cannot be ignored. Doctors are simply not well regulated. Bad doctors continue to practice without discipline. Doctors fail to report mistakes and incompetency in their colleagues. This type of behavior is not only in direct opposition to the requirements of the Hippocratic Oath but it’s also morally reprehensible. Eric Campbell, the lead author of the study and an assistant professor at Massachusetts General Hospital's Institute for Health Policy, said that "failing to report incompetent physicians and allowing them to practice will have an impact on the welfare of patients...It's clearly something that people should be aware of."

In comparison, lawyers have an ethical duty to report such errors or incompetency in their lawyers. Failure to do can result in discipline for the non-reporting lawyer. Doctors should be held so accountable.

Other notable results from the survey:

• a majority of responding doctors said they would refer patients to an imaging facility (e.g., for an MRI) in which they had a financial interest, but only 24% would actually tell theirpatients of that financial interest. 
• while 93% said doctors should provide necessary medical care regardless of a patient's ability to pay, only 69% currently accept uninsured patients who are unable to pay

To learn more about medical malpractice issues, please see medical malpractice law.  To learn more about our medical malpractice lawyer, John Sellinger, please click on medical malpractice lawyer maryland, and read the firm bio.

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In the last few days, Republican politicians have once again been arguing for reform and regulation of lawsuits. During this same period, the national news wire agencies have seen several articles detailing with medical horror stories:

Man dies of heart attack after waiting three hours in hospital waiting room complaining of chest pains

Rhode Island Hospital operates on wrong side of patient’s brain for third time THIS YEAR 

Remember that these stories are more common than one might think. The medical profession is not sufficiently regulated. Remember egregious mistakes like these the next time politicians begin waxing poetic about the tort reform.

In better news, trial lawyers are actually making legislative headway protecting the rights of the injured and unprotected. The article, however, makes it a point to mention how much money trial lawyers donate to the Democratic party and its candidates. It does not, however, mention how much money insurance companies donate to Republicans.

To learn more about medical malpractice issues, please visit medical malpractice law.  To learn more about our medical malpractice lawyer, please click on medical malpractice lawyer maryland, and read about John Sellinger.

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According to the L.A. Times, an investigation has been launched into the doctor and the death of rap and music star Kayne West's mother, Donna West. The Los Angeles County coroner completed the preliminary autopsy and ruled Ms. West's death to be "as a result of surgery or anesthesia."

The doctor, Jan Adams, is not a stranger to complaints. Earlier this year, he was served with a complaint seeking to revoke or susend his license to practice medicine due to three convictions for alcohol-related offenses. Dr. Adams paid out $467,337 in settlements for medical malpractice claims in 2001. In 2005, Dr. Adams was sued for medical malpractice and sexual battery by a patient. That complaint alleged that Dr. Adams had sex with an incapcitated patient. That case was settled out of court with a confidentiality agreement.

 To learn more about medical malpractice issues, please see medical malpractice.  To learn more about our medical malpractice lawyer, John Sellinger, please click on maryland medical malpractice lawyer, and read our firm bio.

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As the 2008 election cycle nears, the American public will undoubtedly begin hearing about the legal boogeyman – frivolous medical malpractice lawsuits. Texas Republicans famously (and deceitfully) distributed a press release in 2002 that claimed that 86% of all medical malpractice claims were frivolous. President Bush has declared the need for tort reform regarding medical malpractice claims in his State of the Union address. There is no reason to believe that in the current political climate, candidates will not again try to score points with voters by trumpeting reforms of the tort system. But, should voters listen to that tired old song?

The argument goes that frivolous lawsuits are increasing medical malpractice insurance premiums, which in turn makes the practice of medicine prohibitively high. This argument has two main parts: (1) that there are a lot of frivolous lawsuits; (2) increased pay-outs for claims (by settlement or court judgment) increase insurance premiums. Research has shown that both of these claims are false.

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