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Houston Medical Malpractice Law Blog

MA Surgeon Discusses Error in New England Journal of Medicine

It is very rare to see a surgeon openly admit to any sort of surgical error. However, one Massachusetts surgeon not only openly admitted to a surgical error, but wrote an article about the incident for the New England Journal of Medicine. His motivation? To alert other practicing physicians of the danger of both "active and latent errors" and to highlight the value of enhanced surgical protocols.

Dr. David C. Ring, a hand surgeon at Massachusetts General Hospital, describes in his article how he accidently performed carpal tunnel surgery on a patient instead of the trigger finger release she had specifically requested.

CT Residents Insert Pin in Wrong Leg Due to Miscommunication

Previous posts have discussed the importance of following proper surgical protocol and the consequences of failing to do so. One particular component of surgical protocol that is sometimes overlooked but vital to patient safety and the avoidance of surgical errors is the pre-surgery "time-out."

Simply put, a pre-surgery time-out is a short period of time set aside before a surgery or a change in surgical teams to double-check certain items, including the patient identity, surgical site and procedure to be performed.

Unfortunately, a team of surgical residents at Yale-New Haven Hospital in Connecticut failed to conduct a pre-surgery time-out and, as a result, accidently inserted a traction pin into the wrong leg of a car accident victim.

Steps to Consider in the Aftermath of Hospital Negligence - II

If you or a member of your family has been victimized by hospital negligence, you undoubtedly have many questions. How did this happen? Who was in charge? Were proper procedures followed? Will I recover from this medical mistake?

In these stressful situations, your primary focus should always be on your health or the health of a loved one. However, once you or your loved one has fully recovered or are on the path to recovery, you may want to find out exactly what transpired.

Today's post is the second in a series. It will briefly outline a few steps that a person can choose to take in the aftermath of serious hospital negligence.

Please see "Steps to Consider in the Aftermath of Hospital Negligence - I" for more information.

Steps to Consider in the Aftermath of Hospital Negligence - I

If you or a member of your family has been victimized by hospital negligence, you undoubtedly have many questions. How did this happen? Who was in charge? Were the proper procedures followed? Will I recover from this medical mistake?

In these stressful situations, your primary focus should always be on your health or the health of a loved one. However, once you or your loved one has fully recovered or are on the path to recovery, you may want to find out exactly what transpired.

Today's post is the first in a series. It will briefly outline a few steps that a person can choose to take in the aftermath of serious hospital negligence.

Unsecured Medical Waste Bin Left on Floor Injures NYC Infant

A disheartening story out of New York City illustrates that clinical/hospital negligence can encompass more than just prescription drug errors, failures to diagnose or surgical mistakes.

Three-year old Hailey R. of the Bronx is currently taking a litany of medications - including an AZT cocktail - and undergoing a battery of medical tests after accidently pricking herself with a needle at a local medical office.

According to Hailey R.'s mother, Nadia M., the infant was in a physician's office at Montefiore Medical Center in the Bronx when the incident occurred.

While Nadia was speaking with a physician and a grandmother left to use the restroom, Hailey R. came across an unlocked medical waste receptacle left on the floor. Hailey R. reached into the receptacle and pricked herself twice on a used needle.

"She had blood on her stomach and blood on her hand," said Nadia M. "I asked my daughter what happened and she walked over to the bin."

Study: Surgical Errors More Common than Previously Thought - II

A recent study in the medical journal Archives of Surgery makes some startling revelations regarding the incidence of serious surgical errors and other medical mistakes.

The study - conducted by a team of medical professionals - examined 27,370 records of medical mistakes kept by an insurance company that provides medical malpractice insurance to Colorado physicians.

The results? Serious surgical errors and other medical mistakes that could be classified as "catastrophic" occur more far more often than previously thought.

Today's post will continue the previous discussion. See "Study: Surgical Errors More Common than Previously Thought" for background information.

Study: Surgical Errors More Common than Previously Thought

A recent study in the medical journal Archives of Surgery is creating a stir in both the medical and non-medical communities for its startling revelations regarding the incidence of serious surgical errors and other medical mistakes.

The study - conducted by a team of medical professionals - examined 27,370 records of medical mistakes kept by an insurance company that provides medical malpractice insurance to Colorado physicians.

The results?

Serious surgical errors and other medical mistakes that could be classified as "catastrophic" occur more far more often than previously thought.

Medical License Proceedings Against "Octomom" MD Begin This Week

In OB malpractice news, license suspension/revocation proceedings against the physician who helped Nadya Suleman - aka "Octomom" - give birth to her eight children through the implantation of 12 embryos commenced this week.

On Monday, an attorney for the Medical Board of California outlined the elements of the agency's negligence complaint against Dr. Michael Kamrava in opening statements.

Specifically, the state medical board alleges that Kamrava's actions endangered the health of Suleman and her children (high number multiple births can cause cerebral palsy, developmental disabilities and other major health complications), and violated national standards of care.

(It is worth noting that the American Society of Reproductive Medicine (ASRM) specifically states that only two embryos should be used in in-vitro fertilization (IVF) procedures for healthy women under the age of 35.)

Furthermore, the state medical board alleges that Kamrava should have referred Suleman for psychological treatment after learning that she wanted to expand her family beyond the six children she had previously conceived through IVF, and that he had previously implanted seven embryos into another patient (almost 50 years old).

A Brief Examination of Vacuum Extractor and Forceps Injuries

Today's post will take a closer look at birth injuries caused by vacuum extractors and forceps, two medical instruments frequently utilized in the delivery of a newborn. The primary objective of this post is to help readers gain a basic understanding of these instruments and help clarify any misconceptions.

(Please see "A Brief Examination of Brachial Plexus Injuries" for additional background information.)

What is a vacuum extractor?
 
A vacuum extractor is comprised of a small rubberlike cup hooked up to a vacuum. This cup attaches to a newborn's head via gentle suction and helps pull the baby out during delivery (as the mother pushes).

What are forceps?

Forceps are a metal surgical tool with rounded edges. They are designed to fit around a newborn's head and help pull the baby out during delivery (as the mother pushes).

When is a vacuum extractor or forceps utilized?

The use of a vacuum extractor or forceps is typically necessitated when the labor is unusually long, the fetus is in distress or when the mother is unable to push (often because of a preexisting medical condition that prohibits forceful pushing).

What type of birth injuries can occur with a vacuum extractor or forceps?

The following types of birth injuries can occur through the use of a vacuum extractor:

• Retinal (eye) hemorrhages
• Bruising on the newborn's scalp
• Shoulder dystocia/Brachial Plexus Injuries
• Jaundice
• Among others
 
The following types of birth injuries can occur through the use of forceps:

• Brain/skull injuries
• Bruising on the newborn's scalp
• Among others

If your child suffered a serious birth injury or you lost a loved one to what you believe was medical malpractice, you should strongly consider contacting an experienced legal professional.

This post was for informational purposes only and is not to be construed as medical or legal advice.

Related Resources:

• Labor and Delivery Procedures (The Merck Manuals: Online Medical Library)

MD Doctor Faces 101 Claims Alleging Unnecessary Heart Operations

In recent medical malpractice news, St. Joseph Medical Center, a Baltimore area hospital, is facing a multitude of legal claims alleging that one of their top physicians performed hundreds of medically unnecessary cardiac stent surgeries.

The claims, filed by a local attorney on behalf of 101 patients in a state arbitration office last week, allege fraud, negligence and conspiracy on the part of St. Joseph and Dr. M (name purposely withheld to protect identity/rights).

Specifically, Dr. M is accused of having deliberately created false medical records that gave the appearance of patients having clogged coronary arteries. These falsified medical records were then allegedly used by Dr. M as justification for the insertion of cardiac stents.

Upon learning of the allegations, St. Joseph promptly removed Dr. M from his position and conducted a comprehensive internal investigation. The investigation, which examined hospital records from the past two years, determined that Dr. M was the only cardiac surgeon who performed the surgeries in question. Warning letters indicating that the cardiac stents may be medically unnecessary were subsequently sent to roughly 600 patients.   

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