A study conducted by the Ariadne Labs and published in the Journal of the American Medical Association shows that more money is made by American hospitals if a surgery goes wrong. As shared on the Harvard School of Public Health’s website, lead study author and Chief Medical Officer of Massachusetts Eye and Ear Infirmary stated how their finding of  “clear evidence that reducing harm and improving quality is perversely penalized in our current health care system.” Hence, if a patient goes in for surgery, he or she may experience worse complications afterwards than those experienced leading up to the surgery.

The report also noted that patients in the U.S. spend an estimated $400 billion on surgery every year. Those with private insurance, who had experienced complications after surgery, amounted for a 330 percent profit margin increase than those whose surgeries were successful. Therefore, this staggering number suggests that hospitals and private doctors are rewarded for incompetence rather than successful medicine.

Patients with government-subsidized insurance (Medicaid) who experienced complications during surgery also amounted for a higher profit margin for hospitals and doctors, but to a much lesser extent. For those privately insured, the report notes a $39,017 higher profit margin per patient in regards to associated complications. The profit margin was higher by less than $1,800 for Medicare patients.

According to WebMD, pain is the most common surgical complication. The degree of pain complication depends on the degree of invasiveness of the surgery. Other common side effects of surgery can include simple but extreme fatigue, or potentially fatal effects like severe blood clots.

If you or someone you know has experienced complications post-surgery and believe the hospital or surgeon to be at fault, please contact an compassionate Westport medical malpractice lawyer for a free initial consultation. Richard H. Raphael, Attorney at Law, represents clients in Westport, Weston, Darien, Norwalk, Stamford, Wilton, Greenwich, New Canaan, Fairfield, Bridgeport, Wilton, Ridgefield, Danbury and Trumbull as well as Fairfield County and New Haven County in Connecticut. Call 203-226-6168 today to discuss your case.  

This fall a proviso of the Affordable Care Act goes into effect known as the Sunshine Act, which requires all medical device and pharmaceutical companies to report publicly all payments made to doctors over the amount of $10. This is meant to curb big pharma and device manufacturers from giving doctors and other medical professionals shady kickbacks for using their products, or at least to make the public aware of such practices. Charlie Ornstein, a senior editor for ProPublica, told CBS News that the practice of big corporations providing “pay to play” for doctors who use their medications or devices is nothing new. It has been in place for decades. Ornstein told CBS News that the promotion part “has gotten a lot of attention in recent years because drug companies have paid … billions of dollars to settle lawsuits that have accused them of improper marketing and giving kickbacks to doctors.”

It is an illegal practice for corporations to give kickbacks to doctors for prescribing their products, but it is not illegal for corporations to give doctors money for promoting their drug. This makes for a very grey line between legitimate and illegitimate relationships between drug manufacturers and the medical professional world. Ornstein told CBS News that it all boils down to trust. If your doctor recommends a certain drug to you, you should be able to assume that he is recommending that particular drug because it is what your body needs.

Ornstein said that it would make sense that a doctor would first prescribe a generic or cheaper alternative, as the cost of drugs continues to skyrocket. Another good example of a doctor doing what is best for his patient would be to recommend a non-medication alternative “to reach your goals perhaps first.”

According to ProPublica, the issue of doctors having to settle issues of marketing fraud is widespread. Since 2008, at least 15 manufacturers of drugs or medical devices have had to pay $6.5 billion collectively to settle such accusations. Yet no individual doctor has faced the same penalties, “despite allegations of fraud or of conduct that put patients at risk.”

If you or someone you know suspects that your doctor has illegally received kickbacks for prescribing medication, the most important step is to speak with a legal professional. Contact a Westport medical malpractice attorney today.

Surgical errors are more common in the U.S. than one may think. In 1999, the Institute of Medicine published a report stating how just less than 100,000 people in the U.S. died every year from medical mistakes. However, according to a report issued by the Journal of Patient Safety and as reported by Propublica.org, that number is now estimated between 210,000 and 440,00 patients each year.

The estimate includes patients who suffer any type of preventable harm such as misdiagnosis, surgical error, and patient mix-up. Propublica.org notes how this “would make medical errors the third-leading cause of death in America,” third only to cancer and heart disease (the second and first leading cause of death in the U.S., respectively). Surgical errors are often the most serious of medical mistakes, because they are often irreversible mistakes that result in death.

An article in Medical News Today states how events that should never occur during surgery are known in the industry as “never events,” but these events occur far more often than never. Findings published in Surgery (as reported by Medical News Today) report more than 4,000 “never-events” happening each year in the U.S. And between 1990 and 2010, there were more than 80,000 of these across the country.

Examples of surgical error include extremely severe and identifiable mistakes such as a surgeon leaving a tool inside a patient’s body. By some estimates this happens about 39 times a week. Other surgical errors include a doctor operating on a wrong body part, or performing the wrong surgery. This happens less often, but still at a staggering estimate of 20 times each week. Malpractice claims arising from incidents of surgical error have cost the medical industry more than $1.3 billion between 1990 and 2010, according to Medical News Today.

Submitting a medical malpractice claim can be a long and arduous process. If you suspect that you have been a victim of medical malpractice or surgical error in Connecticut, the most important first step is to seek the counsel of a malpractice attorney. Contact a Westport medical malpractice attorney for a free initial consultation today.