A 51 year old man died from cardiac arrest at a Philadelphia hospital because doctors failed to look at his X-rays.
His widow was represented by Attorney Stephen J. Pokiniewski from the Philadelphia law firm, Anapol Schwartz. The wrongful death/medical malpractice lawsuit case had a $2.185 million settlement after a jury trial.
Although the man did receive initial emergency care upon arriving in the ER, X-rays were not read or acted on in a timely manner.
A doctor, whose first day on the job in the ER, was not properly prepped or oriented as the resident ER doctor left to go to a meeting.
The hospital’s lawyers argued that the patient failed to regularly take his meds and even with the proper treatment, there might not have been enough time to get him transferred to another hospital.
Attorney Pokiniewski argued that the victim was not given an opportunity to survive.
Friday, May 15, 2009
Sunday, February 1, 2009
Patients Right to Privacy and Confidentiality
Privacy and confidentiality are sensitive matters for patients. Violation and breach of either or both can become a medical malpractice legal issue.
Privacy is a person’s right to be left alone. For instance, a woman granted consent to her physician to check her HLA type for a laboratory study. Human Leukocyte Antigen (HLA) typing refers to special blood tests that determine whether a donor is suitable for a stem cell transplant.
Years later, a hospital staff member develops leukemia and requires a blood marrow transplant. He searches hospital records and finds this woman who is the right match for him. He contacts the woman repeatedly, and in spite of her disinterest requests her to donate blood marrow.
Eventually the woman sues the hospital administrator for invasion of privacy -- and wins.
Privacy is a person’s right to be left alone. For instance, a woman granted consent to her physician to check her HLA type for a laboratory study. Human Leukocyte Antigen (HLA) typing refers to special blood tests that determine whether a donor is suitable for a stem cell transplant.
Years later, a hospital staff member develops leukemia and requires a blood marrow transplant. He searches hospital records and finds this woman who is the right match for him. He contacts the woman repeatedly, and in spite of her disinterest requests her to donate blood marrow.
Eventually the woman sues the hospital administrator for invasion of privacy -- and wins.
Friday, January 30, 2009
Informed Consent and Medical Malpractice
The Federal Patient Self Determination Act of 1990 requires hospitals to develop policies and procedures that recognize a patient’s right to accept or refuse medical treatment. In short, it means that medical professionals need to obtain informed consent from patients before doing any medical procedure. This is true except in cases of emergency where the patient is unconscious.
Today, prior to starting any treatment a three point process must be obtained from the patient. The first part is the disclosure and explanation to the patient, in language that the patient can understand, about the proposed procedure or treatment, its potential risks and benefits, and reasonable alternatives which may be available. The second part of the process involves: 1) ensuring that the patient understands what has been explained to him or her (to the best of the patient's intellectual capacity); 2) the patient accepting the risks; and 3) the patient giving his or her consent to undergo the procedure or treatment. Finally, the process must be documented.
This is complex and rife with decision making. Any missteps can result in medical malpractice.
Today, prior to starting any treatment a three point process must be obtained from the patient. The first part is the disclosure and explanation to the patient, in language that the patient can understand, about the proposed procedure or treatment, its potential risks and benefits, and reasonable alternatives which may be available. The second part of the process involves: 1) ensuring that the patient understands what has been explained to him or her (to the best of the patient's intellectual capacity); 2) the patient accepting the risks; and 3) the patient giving his or her consent to undergo the procedure or treatment. Finally, the process must be documented.
This is complex and rife with decision making. Any missteps can result in medical malpractice.
Tuesday, January 6, 2009
Medical Malpractice, Patients Rights, Informed Consent
Every patient has the right to be informed about a medical procedure prior to consenting to the medical procedure.
Only in cases of emergency can a doctor perform surgery without the consent of a patient. This dates back to a judgment from 1914. Consent is a three-part process and if not handled properly could result in a medical malpractice lawsuit.
For instance a woman with lupus had to undergo needle biopsy of her kidney. After undergoing the procedure, she experienced complications resulting in perforation of her gall bladder that necessitated open cholecystectomy.
The woman sued on the basis that she would have chosen a renal biopsy if she had known it was an option.
The woman won the case because she had not given informed consent. All alternatives must be disclosed to the patient even though some may involve more hazards.
Only in cases of emergency can a doctor perform surgery without the consent of a patient. This dates back to a judgment from 1914. Consent is a three-part process and if not handled properly could result in a medical malpractice lawsuit.
For instance a woman with lupus had to undergo needle biopsy of her kidney. After undergoing the procedure, she experienced complications resulting in perforation of her gall bladder that necessitated open cholecystectomy.
The woman sued on the basis that she would have chosen a renal biopsy if she had known it was an option.
The woman won the case because she had not given informed consent. All alternatives must be disclosed to the patient even though some may involve more hazards.
Wednesday, November 19, 2008
Medical Malpractice: Meningitis Warning Signs
July 2008 brought promising news in the fight against meningitis. A Novartis AG biologist named Rino Rappuoli may have discovered a vaccine that will eradicate meningitis B. Rappuloi has been working on the vaccine for a decade and a half and in July 2008, Novartis announced that they are entering the final stages of clinical testing.
If the testing proves that the vaccine is safe, and there is every indication that it will, then the vaccine will be provided to infants and it will protect them against most of the more than 200 strains of bacteria that cause meningitis. “Catch up” vaccines are also likely to be available for those who are beyond infancy when the vaccine becomes available. It is predicted that the vaccine will be available in 2010.
Meningitis B is a dangerous infection that can quickly turn fatal, especially in children. Children who are diagnosed are treated with antibiotics, however, the disease is difficult to diagnose and the World Health Organization has found that many people are not appropriately diagnosed or treated until the disease has progressed. As a result, a large percentage of people who have the disease die or suffer permanent disabilities.
Bloomberg reports that the New Jersey based pharmaceutical company Wyeth is also working on a vaccine because of the promise of Rappuloi’s research and the current market which is economically favorable for vaccine manufacturers.
Whether this vaccine comes to fruition and provides the necessary protection remains to be seen. However, it is promising research that is important to keep track of and may save many lives.
In the meantime, it is important that people and physicians be aware of the warning signs of meningitis and take steps to quickly and accurately diagnose the infection so that antibiotics can be administered and lives can be saved.
If the testing proves that the vaccine is safe, and there is every indication that it will, then the vaccine will be provided to infants and it will protect them against most of the more than 200 strains of bacteria that cause meningitis. “Catch up” vaccines are also likely to be available for those who are beyond infancy when the vaccine becomes available. It is predicted that the vaccine will be available in 2010.
Meningitis B is a dangerous infection that can quickly turn fatal, especially in children. Children who are diagnosed are treated with antibiotics, however, the disease is difficult to diagnose and the World Health Organization has found that many people are not appropriately diagnosed or treated until the disease has progressed. As a result, a large percentage of people who have the disease die or suffer permanent disabilities.
Bloomberg reports that the New Jersey based pharmaceutical company Wyeth is also working on a vaccine because of the promise of Rappuloi’s research and the current market which is economically favorable for vaccine manufacturers.
Whether this vaccine comes to fruition and provides the necessary protection remains to be seen. However, it is promising research that is important to keep track of and may save many lives.
In the meantime, it is important that people and physicians be aware of the warning signs of meningitis and take steps to quickly and accurately diagnose the infection so that antibiotics can be administered and lives can be saved.
Monday, November 17, 2008
Are Vaccines Safe? Mercury Danger and Autism
If you are a parent then you have likely sat through your share of your child’s vaccines. They are plentiful, especially in the first years of life. The vaccines prevent previously serious and sometimes fatal conditions such as polio, measles, and mumps. They also protect against common and less serious ailments such as the flu and chicken pox.
As a parent, you have also likely heard about the controversy surrounding some of the vaccines and you might worry about what vaccinations to allow and when to allow them. Your doctor may advise you based on his or her professional opinion.
However, there is so much conflicting information that many parents want to do their own research. For example, does the mercury in immunizations really cause autism? Does getting a vaccine when your child has a fever or is otherwise ill increase his or her chances of getting sick? Will your child get an uncomfortable rash or fever as a result of the vaccine? Can your child die?
Some parents argue that even if the risk is very low, it is too high. They argue that the chance of getting sick, developing autism or dying is not worth the immunity provided by the vaccine. They argue that mumps and polio are all but nonexistent in the United States and, therefore, any risk of illness is too high.
The United States Department of Health and Human Services has created a web page with information about vaccine safety. The page includes how vaccine safety is tested and monitored. It also answers some specific concerns such as the link to autism.
When making a decision as important as whether to vaccinate your child, it is important to be as well informed as possible about the benefits and risks of each vaccination.
As a parent, you have also likely heard about the controversy surrounding some of the vaccines and you might worry about what vaccinations to allow and when to allow them. Your doctor may advise you based on his or her professional opinion.
However, there is so much conflicting information that many parents want to do their own research. For example, does the mercury in immunizations really cause autism? Does getting a vaccine when your child has a fever or is otherwise ill increase his or her chances of getting sick? Will your child get an uncomfortable rash or fever as a result of the vaccine? Can your child die?
Some parents argue that even if the risk is very low, it is too high. They argue that the chance of getting sick, developing autism or dying is not worth the immunity provided by the vaccine. They argue that mumps and polio are all but nonexistent in the United States and, therefore, any risk of illness is too high.
The United States Department of Health and Human Services has created a web page with information about vaccine safety. The page includes how vaccine safety is tested and monitored. It also answers some specific concerns such as the link to autism.
When making a decision as important as whether to vaccinate your child, it is important to be as well informed as possible about the benefits and risks of each vaccination.
Saturday, November 8, 2008
Accutane Danger: Congenital Birth Defects, Suicide
Accutane is a drug used to treat acne. It is often called a miracle drug for its effectiveness in treating acne. Acne, while an unpleasant medical condition, is not a life threatening condition. However, Accutane carries a high risk of side effects for its users and birth defects for unborn children whose mothers are using the drug.
In March 2002, Julia Green called Accutane, “one of the most dangerous products on the market today” in a article for Harvard Law School.
About one quarter of babies who have been exposed to Accutane while in uterus are born with serious congenital birth defects. Many others have serious learning disabilities and as many as 40% of fetuses that are exposed to Accutane, miscarry. According to the article by Ms. Green, there is no other medication, not even cancer treatments, which pose a risk that is anywhere close to what Accutane poses to unborn children.
Accutane is not only dangerous to fetuses during pregnancy but it is also dangerous for its direct users. Users may suffer from depression and even try to commit suicide. Other severe mental illnesses such as psychosis may develop in Accutane users.
Accutane users may also suffer from serious physical conditions such as liver, colon, and kidney damage. Stroke, heart trouble, and brain damage are also possible side effects of the drug.
The FDA is well aware of the risks associated with Accutane and has revised its label. However, should the drug have ever been approved or was it a failure of the FDA that allowed such a dangerous drug to enter the market?
It is important that all users, especially young adults who suffer from acne and turn to Accutane, be aware of the potential serious side effects of the drug and question any doctor who prescribes about warning signs to look for when taking the drug.
In March 2002, Julia Green called Accutane, “one of the most dangerous products on the market today” in a article for Harvard Law School.
About one quarter of babies who have been exposed to Accutane while in uterus are born with serious congenital birth defects. Many others have serious learning disabilities and as many as 40% of fetuses that are exposed to Accutane, miscarry. According to the article by Ms. Green, there is no other medication, not even cancer treatments, which pose a risk that is anywhere close to what Accutane poses to unborn children.
Accutane is not only dangerous to fetuses during pregnancy but it is also dangerous for its direct users. Users may suffer from depression and even try to commit suicide. Other severe mental illnesses such as psychosis may develop in Accutane users.
Accutane users may also suffer from serious physical conditions such as liver, colon, and kidney damage. Stroke, heart trouble, and brain damage are also possible side effects of the drug.
The FDA is well aware of the risks associated with Accutane and has revised its label. However, should the drug have ever been approved or was it a failure of the FDA that allowed such a dangerous drug to enter the market?
It is important that all users, especially young adults who suffer from acne and turn to Accutane, be aware of the potential serious side effects of the drug and question any doctor who prescribes about warning signs to look for when taking the drug.
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