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 Cerebral Palsy

Posted on August 7, 2008 by Paula Strand

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.

Diagnosis

Diagnosis is made through testing the infant’s motor skills and examining mother and infant’s medical history. Doctors will try a hand test. Most babies under 12 months do not favor one hand over the other and will reach for an object with the hand that is closer to it. Infants with spastic hemiplegia will often show a hand preference, using the hand that is unaffected and therefore stronger and more manageable. Doctors will rule out other conditions that may cause movement disorders and keep a watchful eye to make certain symptoms are not progressing or worsening. Certain tests that examine the brain, such as MRI, CT scan or ultrasonography may be used to check for abnormalities in brain tissue or structure. Lastly, doctors will most likely check for other conditions that Cerebral Palsy patients often exhibit, such as seizures or vision and hearing problems.

Treatment

Cerebral Palsy is not curable, but with proper treatment and management patients can learn to function and live more effectively. The earlier the disorder is treated the better the chance the child has to develop and overcome difficulties or to learn alternative methods to achieve the desired result. Physical therapy and stretching programs can help patients improve gait and strengthen muscles, and help limit contractures. Occupational therapy can help patients work within their limits and maximize their function. Speech therapy helps patients learn to communicate effectively by learning how to control mouth and jaw muscles. Massage therapy can help keep tense muscles relaxed, strengthen muscles and keep joint flexible.

Prevention

Cerebral Palsy can be prevented through a few precautionary measures. Immunization against measles for pregnant women who have not already been immunized is key. Proper treatment of jaundice if the newborn appears to be affected with it is helpful. Other measures are aimed at preventing premature birth, such as reducing the risk of exposure of pregnant women to virus's and bacterial infections, avoiding x-rays and certain medications, proper control of diabetes or nutritional deficiencies, and adequate prenatal care.

Medical Negligence

Often cerebral palsy can be attributed to the fetus not receiving enough oxygen during the birth.  If this is the case, a failure or a delay in performing a C-section can result in the brain damage that causes cerebral palsy. If the baby's heart rate or oxygen flow is not monitored properly, resulting Cerebral Palsy could be fault of the hospital staff. If Cerebral Palsy is the result of hospital staff not responding to birth complications appropriately they can also be held responsible.

 

To learn more about medical malpractice law issues, please view our  medical malpractice   To learn about our medical malpractice lawyer in Maryland, please read about our medical malpractice lawyer, John Sellinger.
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