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.
]]> According to Dr. Ring, there were a number of issues - several of which were created by him - that contributed to the wrong-site surgery.Fortunately, Dr. Ring discovered his medical mistake while drafting post-operation orders and immediately fixed the issue after informing both the staff and patient.
While the hospital instituted the necessary corrective measures and reached a settlement with the patient, she elected not to continue seeing Dr. Ring for treatment.
"I hope that none of you ever have to go through what my patient and I went through," wrote Dr. Ring. "I no longer see [the Joint Commission's pre-surgery] protocols as a burden. That is the lesson."
If you lost a loved one or were seriously injured by a surgical error involving the wrong side, wrong site, wrong patient or wrong procedure, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Surgeons Account of Botched Surgery Offers Lessons for Avoiding Errors (Outpatient Surgery)
]]>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.
]]> According to the Connecticut Department of Public Health (CDPH), a patient who suffered fractures to their nose, left hip and right ankle in a car accident was admitted to Yale-New Haven Hospital.Prior to surgery to fix the patient's ankle fracture, one surgical resident noted that the patient's left leg was shorter and internally rotated. The resident then consulted with another resident and decided to insert a skeletal traction pin to address the issue upon completion of the ankle surgery.
(Please note, skeletal traction is a procedure used by orthopedic surgeons to straighten and align bones.)
Once the ankle surgery was completed, the resident (who decided to insert the pin) signed out of the surgery and a second resident took his place. However, the second resident went on to insert the skeletal traction pin into the patient's right leg instead of the left leg.
Fortunately, the second resident later discovered the error while drafting post-operation orders and immediately fixed the issue.
Both residents later informed the CDPH that they did not conduct a pre-surgery time-out prior to the insertion of the skeletal traction pin.
After a three-month investigation, the CDPH indicated in its report that the failure to conduct the pre-surgery time-out was the proximate cause of the medical mistake. Furthermore, the report stated that proper surgical protocol dictates that a pre-surgery time-out must be performed and documented whenever an "additional credentialed practitioner is required to perform another procedure and the attending surgeon is not present during the initial time out."
A plan of correction was issued by the CDPH - outlining the need for a pre-surgery time-out in situations such as these - and was subsequently implemented by Yale-New Haven Hospital.
"We take our commitment to providing high-quality care and our reporting responsibility to the State Department of Public Health very seriously," said a spokesperson for the hospital. "On the extremely rare occasions when we fail to meet this standard, for whatever reason, we focus all of our efforts on preventing similar circumstances from occurring again."
If you lost a loved one to what you believe was medical negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Wrong-Site Surgery Highlights Importance of Multiple Time-Outs (Outpatient Surgery)
]]>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.
]]> A person seeking to learn more about the hospital negligence that resulted in serious bodily harm may consider the following steps:Maintain your own record of what happened and who was involved
In addition to requesting a copy of your medical information/medical records, you may want to consider keeping your own log of the event.
By writing down all valuable information - types of procedures performed, dates of procedures, medications administered, names of medical staff (physicians, nurses, medical assistants, etc.) - you can help ensure that you have a strong tool to refute potentially unclear notations/missing information in your file should you choose to pursue legal action.
"Doctor's are constantly told what kinds of things not to put in medical records," said Bruce G. Fagel, a California medical malpractice attorney and former emergency room physician.
Talk to the appropriate parties
If medical staff is refusing to provide the answers you need in the wake of serious hospital negligence, you may want to consider speaking with someone in a position of higher authority. This often includes patient advocates or ombudsmen.
Furthermore, you may also want to consider filing a formal compliant with a local or state health board/department to help ensure that the same medical error does not occur again.
Consider speaking with an attorney
Lastly, you may want to consider speaking with a legal professional if the hospital refuses to provide answers and/or offer an acceptable remedy.
This post was for informational purposes only and is not to be construed as legal advice.
If you lost a loved one to what you believe was hospital negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
Stay tuned for further developments from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Medical Mistakes: What to Do if the Hospital Makes a Mistake (Health.com)
]]>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.
]]> A person seeking to learn more about the hospital negligence that resulted in serious bodily harm may consider the following steps:Try to learn what transpired
In the wake of hospital negligence/medical malpractice, you can always try to ask the attending healthcare professionals (physicians, nurses, medical assistants, medical staff, etc.) what exactly happened. While you more than likely won't receive a clear-cut answer, some facilities are adopting a more open approach to potential medical negligence.
(See "Study Explores Fault-Admission Program for Medical Professionals" to learn more.)
Secure a copy of your medical information/medical records
Contrary to popular belief, you have a right to view your medical information/medical records. However, if you request a copy of your records, don't be surprised if you don't receive everything in the file. It may be necessary to ask for specific records.
To be continued ...
This post was for informational purposes only and is not to be construed as legal advice.
If you lost a loved one to what you believe was hospital negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
Stay tuned for further developments from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Medical Mistakes: What to Do if the Hospital Makes a Mistake (Health.com)
]]>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."
]]> Hailey R. was immediately taken to Montefiore Medical Center's emergency room for treatment.The critical concern at this juncture is whether Hailey R. contracted any sort of disease from the needle, such as HIV or hepatitis. She will have to continue taking medication and undergoing rigorous testing for the next six months in order to determine if all illnesses can be ruled out.
According to Manhattan attorney Susan Karten, who is representing the family, the incident should have never occurred.
"The cover was not secure, number one; the box was on the floor, number two; and the area where the needle is supposed to be secured and put in - so nobody can put their hand in - was broken," said Karten.
In a released statement, Montefiore Medical Center indicated: "We've been consulting with the family regarding the incident and working with them to see that appropriate care is provided."
Hailey R. remains traumatized by the incident.
"She's scared of needles now, she doesn't even want to go to the doctor anymore," said Nadia.
Names have been withheld to protect the identity of victims. This post was for informational purposes only and is not to be construed as legal advice.
Stay tuned for further developments from our Texas wrongful death/medical malpractice blog ...
If you lost a loved one to what you believe was hospital negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
Related Resources:
Bronx Girl, 3, May Have HIV After Needle Accident (CBS 2 -NYC)
]]>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.
]]> Interestingly, of the 27,370 records of medical mistakes kept by the insurance company and reviewed by researching physicians, roughly 33 percent resulted in long-term health consequences for the affected patient. However, 22 percent resulted in medical malpractice claims/lawsuits.What steps can healthcare professionals take to prevent surgical errors and other serious medical mistakes caused by miscommunication and/or human error?
Several possibilities have been advanced by healthcare organizations:
Philip Stahel, MD, a surgeon at a Denver hospital and one of the study's primary researchers, argues that the proposed "time-out" is perhaps too limited in its scope and needs to be expanded in order to be truly effective in preventing surgical errors or medical mistakes.
"A lot of wrong-side, wrong-patient errors occur outside of the operating room," said Stahel. "We should have time outs for labeling for samples. If the lab mixes up the sample, the consequences may be worse than erroneously cutting off the wrong leg. I think we should extrapolate time outs to internal medicine [and] laboratories."
If you lost a loved one to what you believe was medical negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Surgery Mix-Ups Surprisingly Common (Health.com)
]]>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.
]]> Specifically, researchers discovered the following trends among Colorado physicians over a period of six and a half years:While these "wrong-site" and "wrong-patient" surgeries represented only .05 percent of all medical mistakes examined by the researchers and would appear to be rare, the figures are actually "considerably higher" than previously thought.
"Each hospital, whether they publicly admit it or not, and whether or not it's discoverable in a lawsuit, has an episode of wrong-site or wrong-patient surgery either every year or once every few years," says Philip Stahel, MD, a surgeon at a Denver hospital and one of the study's researchers. "Almost every surgeon has seen one."
In addition to studying the incidence of surgical errors, the study also examined the prevalence of more mundane (but equally serious) medical mistakes such as mix-ups regarding x-rays, lab tests or patient records.
Researchers were able to pinpoint two common causes of the aforementioned types of medical mistakes: miscommunication and human error.
To be continued ...
If you lost a loved one to what you believe was medical negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
Surgery Mix-Ups Surprisingly Common (Health.com)
]]>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).
]]> Two weeks have been set aside for the hearing before an administrative law judge (ALJ). If the ALJ subsequently determines that Kamrava was negligent, they may recommend to the California Board of Medical Examiners that Kamrava's license to practice medicine should either be suspended or revoked.Suleman, who rose to fame in January 2009 following the birth of her eight children, has a total of 14 children, all of whom were conceived through IVF.
If your child suffered a serious birth injury or a loved one was injured by what you believe was OB 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.
Stay tuned for further developments from our Texas medical malpractice blog ...
Related Resources:
(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)
]]>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.
According to reports by the Baltimore Sun, two other Baltimore area hospitals have unusually high rates of cardiac stent operations being performed. Furthermore, a Maryland committee recently announced that a second Baltimore hospital was currently under investigation for heart stent operations (and possibly a third).
It is worth noting that Dr. M was charged with "gross overutilization of health care services" and a litany of other professional charges by a physician oversight board. The case is still pending.
Stay tuned for further developments from our Texas wrongful death/medical malpractice blog ...
If 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 legal advice.
Related Resources:
• 101 Claims Filed Against Stent Doctor, Hospital Signal Beginning of Wave of Legal Action (The Baltimore Sun)
]]>Last August, a surgical team at Rhode Island Hospital left a drill bit fragment inside a patient's head following neurosurgery.
According to hospital officials, the drill bit broke off during surgery and became lodged in the patient's scalp. It was subsequently discovered by health care professionals via diagnostic imaging and removed "without incident" two days later. The medical team responsible for the surgical procedure has since been disciplined in an undisclosed manner.
Under current hospital policies and procedures, the fragment should have been accounted for by the medical team once the surgery was completed.
In addition to issuing an apology to the affected patient, hospital officials also alerted the Rhode Island Department of Health and are currently assisting the state agency with its investigation.
• In 2007, brain surgeons drilled into the wrong side of patients' skulls on three separate occasions. This led the Rhode Island Department of Health to initiate statewide regulations designed to enhance communication among members of surgical teams and limit the occurrence of surgical errors. The hospital was also fined $50,000.
• In May 2009, a pediatric surgeon operated on the wrong side of a patient's face during a cleft palate operation for a short time.
• In October 2009, an orthopedic surgeon operated on the wrong finger during a hand operation for a short time.
(Following the 2009 incidents, the hospital was issued a compliance order and fined $150,000).
If you lost a loved one to what you believe was medical negligence or were seriously injured by a surgical error, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
• Drill Bit Fragment Found in Patient After Surgery (Outpatient Surgery)
• Piece of Drill Bit Left in RI Hospital Patient (Comcast.net News)
UNC researchers examined over 1,600 surgical procedures in which sponges equipped with radio frequency (RF) tags were used. These tags - which utilize a technology similar to the tracking systems of retail stores - enable a nurse to run a wand over patients' bodies to determine if any sponges were accidentally left behind after the surgery.
According to Christopher C. Rupp, MD, leader of the UNC research team, the preliminary results of the study indicated that these RF sponges may serve as an effective complement to manual counts and X-rays in preventing foreign objects from being left inside the body after surgery.
• The RF tracking system found 21 missed sponges after correct manual counts
• The RF tracking system found seven missed sponges after incorrect manual counts
• In no cases did X-rays discover a sponge that went undetected by the RF tracking system
(Please note, the study indicated that manual counts were incorrect only 1.4% of the time. However, it also indicated that foreign objects can still remain left in the body even if the counts were correct.)
The RF tracking system also earned high marks from the nurses who utilized it. To illustrate, 94 percent indicated that the RF system improved their confidence in the final sponge count, while 89 percent indicated that it reduced the stress of closing the patient.
"While the incidence of retained sponges is low, RF detection can expedite identification and avoid the use of radiation to locate missing sponges, thus improving safety and efficiency in the operating room," said Dr. Rupp.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
• Study: Radio Frequency Detection Reduces Retained Sponge Risk (Outpatient Surgery)
Catheter-associated bloodstream infections (CA-BSIs), one of the more common HAIs found in hospital settings, are especially dangerous to both children and adults.
Today's post is designed to provide readers with some general background information on catheter-associated bloodstream infections (CA-BSIs).
A central catheter is a plastic tube that is typically inserted into the arm, chest, groin or neck of a patient. Its primary purpose is to administer fluids or medications, or draw blood. Depending upon the circumstances, a catheter can be left in for several days or even several weeks.
What is a catheter-associated bloodstream infection (CA-BSI)?
A catheter-associated bloodstream infection (CA-BSI) typically develops when bacteria or germs travel in or along the central catheter into the bloodstream.
What are the symptoms of a CA-BSI?
Symptoms of a potential CA-BSI include fever or chills, and redness/soreness around the site where the catheter is inserted.
Can a CA-BSI be treated?
In general, CA-BSIs can be treated with a regimen of antibiotics. However, some are more serious and even potentially deadly.
What hygienic measures can a nurse or physician take to prevent a CA-BSI?
According to the CDC, health care professionals should thoroughly clean their hands before inserting a catheter. In addition, they should also wear sterile clothing, including gloves, a mask, a gown and a cap.
(The site where the catheter will be inserted must also be cleaned with an antiseptic cleanser and the patient covered with a sterile sheet.)
Are there any other steps health care professionals should take?
Whenever handling the catheter, health care professionals must take care to clean their hands, wear gloves and clean the opening to the catheter with an antiseptic cleanser.
The catheter must also be carefully monitored and removed when no longer medically necessary.
If you lost a loved one to what you believe was medical negligence or were seriously injured by a failure to diagnose or treat an infection, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Stay tuned for more from our Texas wrongful death/medical malpractice blog ...
Related Resources:
• FAQs: Catheter-Associated Bloodstream Infections (Centers for Disease Control)
]]>What is the "brachial plexus"?
The brachial plexus is a system of nerves that transmits spinal signals (i.e., movement signals) to the hand, arm and shoulder. When the nerves of the brachial plexus are injured, movement of these aforementioned body parts can become significantly impaired.
Some of the symptoms of a brachial plexus injury include:
• Absence of sensation in the hand or arm
• Absence of muscle control in the hand or arm
• Paralysis of the arm
I have often seen the term Erb's palsy and Klumpke's palsy used in conjunction with brachial plexus injuries, what are these conditions?
Simply put, Erb's palsy is a paralysis of the upper brachial plexus and Klumpke's palsy is a paralysis of the lower brachial plexus.
What are the causes of brachial plexus injuries in newborns?
Brachial plexus injuries can result when a newborn's shoulder is impacted during delivery. This can cause the nerves of the brachial plexus to stretch or even tear.
Can these conditions be treated?
If the brachial plexus nerves are torn, they will need to be reconnected via surgery as soon as possible. Failure to do so will most likely preclude recovery.
If the brachial plexus nerves are stretched, they will likely heal over time. However, the degree of recovery varies from person to person.
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:
• Erb-Duchenne and Dejerine-Klumpke Palsies Information Page (National Institute of Neurological Disorders and Stroke)
According to a recent report, each year roughly1,500 patients in the United States have foreign matter left inside them after a surgical procedure. The Journal of Radiology has even referred to the leaving behind of surgical objects as a "highly underestimated problem."
Unfortunately, a Florida judge, Nelson E. Bailey, was recently one of these 1,500 victims. He made the news after it was discovered that doctors had left a 1-square-foot sponge inside his abdominal cavity.
For five months, doctors were unable to identify the exact cause of his pain.
Bailey eventually underwent additional surgery, at which time surgeons made a surprising discovery: a 12-by 12-inch sponge had been left inside him after his October surgery.
Unfortunately, the medical mistake had caused considerable damage to Bailey's large intestine.
"When they opened me up, the medical report shows that [the sponge] was rotting. Because the sponge was left there and it was rotting, it created perforations in my intestines, so when they removed the sponge, they had to remove a section of my intestines as well," he said.
Bailey subsequently filed a medical malpractice suit against the hospital and later reached a settlement. He has also filed suit against the surgeon who performed the operation and two assisting radiologists.
The effects of the surgery continue to trouble him.
"I am not the same person I was before. I expected to get the same treatment anybody else got. Didn't turn out that way," he said.
If you lost a loved one or were seriously injured because foreign matter was left inside you after a surgical procedure, you should strongly consider contacting an experienced legal professional.
This post was for informational purposes only and is not to be construed as legal or medical advice.
Related Resources:
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