When doctors do not follow medical protocol and address patients’ needs and concerns with the utmost care and attention, grievous errors ranging from misdiagnosis to death can occur.

Many people are surprised to learn how frequently medical malpractice occurs because of a physician’s failure to accurately review the results of a patient’s tests, reports and x-rays. In some of the most egregious cases of medical malpractice, a physician did not fail to adequately read or interpret a patient’s lab test, report or x-ray. Instead, he or she simply failed to review the information at all, in its entirety.

Patient Death from Failure to Review Test Results

In one patient’s case, a doctor’s failure to review the results of an electrocardiogram cost the patient his life. The patient, a 45-year-old male, entered a medical center with stroke-like symptoms. While in the ER, one doctor administered an electrocardiogram and sent the results to the patient’s family doctor who was on call at the hospital at the time.

Although the patient’s doctor was notified, she did not check in on the patient until the following day and, according to the patient’s attorney, she did not ever review the results of the electrocardiogram.

One week after the patient’s initial complaint, he suffered a heart attack and died. The patient’s family sued the family doctor for medical malpractice and negligence, claiming that the doctor’s misdiagnosis of his condition caused his death. The jury agreed and awarded the patient’s next of kin over $6 million in compensation for wrongful death.

Medical Malpractice Cases can be Complicated

Medical malpractice cases are complicated in the legal arena. Doctors, nurses, and hospitals are protected by numerous waivers, rules, and regulations, therefore making it difficult to sue. However, when a medical error does occur, a victim or a victim’s family should immediately consult with a skilled medical malpractice legal firm to discuss what litigation option may be available. Additionally, if negligence occurs, and a victim or family believes they can prove that the negligence caused suffering or death, they may have a strong case and may be awarded significant compensation for their losses. Consulting an attorney is essential.

Speak with a Westport, CT Attorney Today

If you have experienced a misdiagnosis that resulted in pain and suffering, or if you have lost a loved one due to doctor or hospital error, please contact a Westport medical malpractice attorney. We offer both advice and representation, will handle your case individualized attention and diligence, and will fight hard to get you and your family the compensation you deserve. Richard H. Raphael, Attorney at Law, is experienced in representing clients throughout Connecticut. 

The rise in technology has brought with it a rise in online services and solutions. One of the more recent rising trends is telemedicine. Most major television channels have some sort of  doctor program where celebrity doctors offer advice and services —”Dr. Phil,” “Dr. Oz,” and “The Doctors” are just a few examples. Due to the popularity of these medical shows, other providers and companies have been experimenting in the field of telemedicine and potentially exposing themselves to medical malpractice liability.

Insurance companies are some of the more recent telemedicine bandwagoners. Anthem Blue Cross and Blue Shield, a Connecticut insurance company, offers an online forum called LiveHealth Online to connect patients and doctors. All the doctors who advise on the site are licensed to practice in the state; however many do not actually live and work in Connecticut. There is no guarantee that a user will talk to his or her own primary care provider or that he or she will even connect with the same doctor over multiple visits to the website.

Those who support online medical website and other telemedicine services say that it is similar to visiting a pharmacy versus a primary care provider; the goal is a quick consult for a minor medical problem. Many disagree with the comparison. At a pharmacy, a licensed pharmacist has an opportunity to physically examine any potential patients/customers, whereas the physical interaction is impossible in telemedicine. Opponents of the practice are concerned about the level of care that can be provided to a patient as well as continuity of care if a medical problem persists.

Because the risks of telemedicine include misdiagnosis, delayed diagnosis, and miscommunication, Connecticut state legislators are considering a bill that would limit the services provided through telemedicine. Senate Bill 467, if passed, would require that online doctors access medical records for each patient before making a diagnosis, as well as belong to a reputable medical practice that is held to the same accountability standards as traditional practices. Additionally, the bill would require that patients be made aware of the services and limitations of online medical treatment.

Telemedicine is a newer field and is thus not subject to the same medical malpractice rules and restrictions that limit other doctors and medical facilities. However, due to the absence of physical interaction, the risks for medical error can be even higher in telemedicine cases.

If you received treatment from a doctor, either online or in person, and believe a medical error or misdiagnosis occurred, please consult with a Westport medical malpractice attorney to discuss your case and options as soon as possible. We are proud to represent clients throughout Connecticut and we look forward to speaking with you.

There has been much movement—pushed along by the medical and insurance—to institute tort reform regarding a patient’s legal right to sue medical personal when treatment has caused injury or illness. This movement has included placing caps on the amount of non-economic damages, as well as placing stringent time limits on when an injured patient has to file his or her medical malpractice lawsuit.

Advocates for tort reform say it is necessary because there are too many false and/or frivolous lawsuits, causing medical and insurance costs to skyrocket. A new study, however, found there may be another way to cut down on the number of malpractice lawsuits that are filed—offer better medical care.

The study was conducted by researchers from Southern Illinois University School of Medicine, Springfield, IL, University of Utah, Salt Lake City, UT, Allscripts, Chicago, IL, and Griffin Hospital, Derby, CT. It was published in the American Journal of Medical Quality.

The research team used a hospital in Louisiana and a hospital in Texas to conduct their study. Both hospitals were owned by the same medical corporation. They chose those two locations because of the difference in tort reform which has occurred in those two states. During the time period from which the team took their data, Louisiana had not implemented significant tort reform; however, Texas had. In Texas, for example, attorneys have lost the ability to use contingency fees as compensation to represent injured clients.

Although there were no changes in tort reform during that time period in Louisiana, there were changes in the quality of care the hospital offered patients. This quality of care was based on the same 22 factors that Medicare uses to determine quality of care.

The study found that both hospitals had a reduction in malpractice claims, yet for different reasons. Therefore, this proved that the system does not need tort reform to decrease medical malpractice claims, but should instead be focusing on improving the care patients receive in hospitals and reducing medical errors which are one of the leading causes of patient injury.

If you have been injured or become ill because of medical treatment you have received, contact an experienced Westport personal injury attorney to find out what legal recourse you may have. Call Attorney Richard H. Raphael at 203-226-6168 for a free consultation.