Preventing Medical Errors

Posted on November 17, 2009 by Greenberg & Bederman

There are two major principles at work in any medical facility. The first is the Hippocratic Oath, which is basically an affirmation of what practicing medicine is supposed to be about. It includes statements like:

I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

Despite having to battle through the economic realities of modern medicine in America, where the insurance companies wield influence in equal measure with the doctors, most medical professionals do their best to abide by this oath.

But the second major principle at work in most hospitals is Murphy’s Law, which states that anything that can go wrong will go wrong. And the number of medical or surgical errors that take place in this country every year seems to back that up.

The Institute of Medicine released a landmark report back in 1999, in which it was claimed that as many as 98,000 people per year die due to preventable medical errors.  Even with that report having been written a decade ago, both the numbers of errors and practices that lead to them have remained quite solidly in place. In 2008, The Washington Postreported that within a two year period, medical errors led to 238,337 preventable medical errors, and that was only among Medicare recipients. 

 

Medical errors can happen at any point in a patients visit to the hospital. They can happen in the waiting room, they can happen in the operating room or they can happen while you are recuperating in your hospital bed. Any department of the hospital, from the Admitting Room to the Pharmacy, can make a mistake that could conceivably kill you or leave you with severe disabilities.

Many of these errors are beyond your control. After all, you didn’t go to medical school. You don’t have the background in medicine needed to know if your course of treatment is the correct one. You don’t know if you have been given the right medication, or if your surgery is being done correctly. But there are elements of a hospital visit that are within your control, which brings us to a recent article in CNN on how you can avoid becoming the victim of a medical error.

The article is centered on a woman named Kerry Higuera, who was three months into her pregnancy when she experienced an episode of bleeding. She went to the emergency room, and due to what was essentially a miscommunication, Ms. Higuera was given a CAT scan that was meant for a woman with the same first name. This resulted in her unborn child being exposed to radiation, which can be extremely dangerous.

The story ends somewhat happily, in that Ms. Higuera’s child was born healthy, but that still does not change the fact that a medical error resulted in her child being exposed to needless dangers. The article then goes on to list a few things that you can do to help you avoid becoming the victim of a mistake.

Doing simple things like repeating your name, birthday and the procedure that you are in for can go a long way: Don’t ever just assume that the nurses and surgeons know exactly who you are and why you are there. Telling them as often as possible is a way for you to make sure. Don’t be shy about telling everyone from the candy striper to the nurse to the anesthesiologist your name, birthday and the reason for your trip to the hospital.

Don’t underestimate your ID bracelet: That ubiquitous bit of plastic that is placed on the wrist of every patient that enters a hospital might be annoying, but it could save you from getting wheeled into the wrong operating room. This is why you should always take a close look at your bracelet to make sure that the information on it is correct. You should also remember that nurses and doctors are required to check your bracelet to verify your identity, so make sure that they do so if they are able.

Have your chart read to you: It wouldn’t hurt to ask your nurse to read your chart to you. There might be a difference between what you think it says and what it actually does.

Don’t worry about being polite: There are many times when manners and etiquette are important, but a trip to the hospital is not one of them. If you are in the hospital, the odds are that you are in need of medical care or a surgical procedure. Considering the weight of what you are about to undergo in a hospital, being nice takes a backseat to making sure that everything is proceeding as it should. Don’t be afraid to ask questions. If something doesn’t feel right or if you aren’t sure that you are getting the treatment that you are supposed to get, you should say something.

You shouldn’t labor under the idea that medical errors only happen to other people. As attorneys who offer legal assistance to injury victims in the Washington, D.C. area, we can tell you with great certainty that mistakes by doctors, nurses or other hospital staff can happen to anyone. And in the event that one happens to you or a loved one in Virginia, Maryland, Baltimore or D.C, contact Greenberg and Bederman for a free medical malpractice legal consultation today. We have been providing legal help to victims of medical malpractice or negligence and errors for close to twenty five years, and will do our best to see that you get the compensation you deserve for your injuries.   Remember, not all medical errors are necessarily medical malpractice. To learn more about medical malpractice, read our medical malpractice FAQ page
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Medical Malpractice - Perils of Anesthesia

Posted on January 12, 2009 by Paula Strand

Perils of Anesthesia.

Occasionally we read about medical errors and malpractice cases brought as a result of anesthesia errors. Despite the overall healthcare improvements and technical innovations, anesthesia errors still pervade our medical system.
Anesthesiology is a branch of medicine specializing in the use of drugs or other agents that cause insensibility to pain. While anesthetics are essential to conducting many medical procedures with little to no discomfort, they carry the risk of unwanted post-effects. Anesthesiology is also defined as a continuity of patient care involving preoperative evaluation, intraoperative and postoperative care. Most people think of anesthesia-related malpractice as it relates to surgery; however it can happen during pre-operative preparation, post-operatively in the recovery room, and in any procedure room in a medical facility or doctor’s office. Anesthesia mistakes can take place during childbirth and even before routine dental procedures. Anesthesia mistakes are not limited to anesthesiologists.

According to the American Society of Anesthesiologists , it is estimated that nearly 40 million anesthetics are administered each year in this country. Anesthesiologists provide or participate in more than 90 percent of these anesthetics. In the operating room, they are responsible for the medical management and anesthetic care of the patient throughout the duration of the surgery. The anesthesiologist must carefully match the anesthetic needs of each patient to that patient’s medical condition, responses to anesthesia and the requirements of the surgery. In many surgical settings, anesthesiologists work in the “anesthesia care team” mode, medically supervising the work of non-physician anesthetists such as nurse anesthetists and anesthesiologist assistants, who, although are not physicians, have been trained in the technical administration of anesthetics. Anesthesiologists have important functions outside of operating rooms, such as evaluating patients prior to surgery or conducting postoperative visits. However, the majority of their activities, which are performed inside the operating room, are seen by few people outside of the surgical and nursing team. Usually the patients are unable to remember the anesthesiologist’s involvement because much of the critical work may be done while the patient is anesthetized. The role of the anesthesiologist in the operating room is to: 1) provide continual medical assessment of the patient; 2) monitor and control the patient’s vital life functions; and 3) control the patient’s pain and level of consciousness to make conditions ideal for a safe and successful surgery.
 

Many healthcare professionals administer sedatives and anesthetics to their patients prior to procedures and surgeries. Administration of anesthesia requires specialized training and certification. The seriousness and number of complications increases significantly outside of the setting of the anesthesiologist in the operating room. Severe complications and death can occur in dental offices and cosmetic surgery clinics during procedures where patients are under general anesthesia and trained anesthesia staff are not present. Potential anesthesia medical malpractice defendants include anesthesiologists, nurses, nurse anesthetists, surgeons, dentists, and doctors.

Medical malpractice claims are common in anesthesiology, because problems are common. Anesthesia malpractice is usually devastating, often resulting in permanent injury, brain damage, and even death. As a result, medical indemnity premiums for anesthesiologists are usually higher than other specialties. Anesthesia medical malpractice accounts for a large number of medical malpractice cases across the country. A small error in dosage can have grave and potentially life-threatening consequences. According to the American Society of Anesthesiologists, as of 2007 there were 248 closed malpractice claims for events that occurred in the year 2000 or later. Among these 248 claims, malpractice insurance payment was made on behalf of the anesthesiologist in 108 claims or 44% of the claims, no payment was made in 134 claims or 54%. Payments ranged from $1,250 to $2 million with a median payment of $115,000. 96% of all payments were $1 million or less.

Unfortunately, proving negligence by an anesthesiologist or anesthesia staff is difficult because the plaintiff, at the time of the malpractice, was unconscious or sedated, and medical records are the only source of information in the case. Hospitals and out-patient clinics should always keep detailed anesthesia notes in a patient’s chart including a pre-anesthesia exam; informed consent form; operative record; transfer notes; physician notes and post-anesthesia record. Sometimes, after a tragic malpractice mistake, records get “lost” or altered. Only careful inspection of medical records can reveal post-mistake additions, omissions or alterations. John Sellinger, our medical malpractice lawyer who has been reading and interpreting medical records for thirty years, has gained immeasurable knowledge and skill when combing through medical records.  An altered or destroyed medical record offers the plaintiff’s side opportunities to prove malpractice or an attempt to hide the malpractice. Malpractice insurers and professional medical societies continuously warn medical practitioners to never alter medical records, but in the moments surrounding a potentially fatal mistake, professional and ethical advice can be forgotten.


 

To learn more about medical malpractice issues, please read medical malpractice.  TO learn mopre about our medical malpractice lawyer, John Sellinger, please read John Sellinger, or watch his medical malpractice video.
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