One of the most common complications to a surgery or other medical treatment is an infection. The news frequently broadcasts stories about new kinds of antibiotic resistant bacteria that pose a danger to patients.

If you have suffered a serious infection after being in the hospital or after a medical procedure, you need to understand your rights.

When an Infection May be More Than Just a Risk of a Procedure

Part of the standard “talk” doctors give their patients before performing a procedure or recommending surgery is a discussion of the risks involved. Every surgery and procedure carries different risks. However, one aspect that every surgery has in common, no matter how major or minor, is a risk of infection.

Generally, the law does not allow people to recover damages for injuries they received when they voluntarily accepted the risks. But, not every case of infection is just one of the risks of having surgery. Sometimes doctors or other medical professionals make mistakes and those mistakes may lead to infections.

Hospital Acquired Infections

Hospitals are increasingly the home to dangerous microbes, such as MRSA. These bacteria are tough to treat and can be devastating to patients trying to recover from a serious illness or surgery. These so-called superbugs are examples of hospital acquired infections and are infections you get because you were in the hospital.

Hospitals, clinics, and the medical professionals who work there have a duty to follow sterilization protocols and to protect patients from getting exposed unnecessarily to bacteria.

Time Limits and Having Your Case Evaluated

If you suffered from an infection, like MRSA, after a surgical or other medical procedure, you may have been the victim of medical malpractice. You will need to have your case carefully reviewed by a lawyer knowledgeable in medical malpractice. Your own medical records may have clues about why you were infected. Under Connecticut law, you may only have two years to bring a medical malpractice claim. Because these cases are complicated and take a lot of investigation and preparation, time is of the essence.

If you or your loved one has suffered a serious post-procedure infection, you need to speak with an experienced Westport medical malpractice lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today. You may only have a short period of time to protect your rights.

Sources:

http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/MedicalMalpractice.pdf

https://www.cga.ct.gov/2006/rpt/2006-r-0583.htm

In 1988, a new product was introduced for both patients who undergo surgery, as well as victims of hypothermia. That product was the 3M Bair Hugger warming blanket.

When a patient is placed under anesthesia, his or her body temperature drops and it can interfere with both bleeding and recovery time. The warming blanket helps maintain a patient’s body temperature to avoid those complications. However, the blanket is also responsible for thousands of patients developing life-risking infections.

The Bair Hugger works similar to a forced-air furnace by carrying warm air through a hose which is connected to a blanket that is placed over a patient. However, the inventor of the blanket has spent the past several years notifying hospitals and other organizations that this product is dangerous.

According to the product’s inventor, Dr. Augustine, the danger from using the blanket occurs when the air that is being circulated through the blanket becomes recirculated. This recirculated air is then directed back and circulates throughout the operating room—including under the surgical table. Bacteria is found in this recirculated air and it often ends up inside patients’ surgical incisions—which can cause dangerous infections such as sepsis and Methicillin-resistant Staphylococcus aureus (MRSA). These infections have proven to be difficult to treat.

When Dr. Augustine realized the danger of the Bair Hugger blanket, he invented another device, which also warms a patient, but does so without contaminating the operational theater. Critics of  Augustine argue that he is only claiming the product is dangerous because he no longer has a financial stake in the product—but he could make a substantial profit with his new invention in the event of a Bair Hugger recall and replacement product need.

However, there has been a significant increase in the number of lawsuits filed on behalf of patients who developed post-surgical infections and complications which were caused by the Bair Hugger. At particular risk are patients who have undergone hip and knee replacements

If you suffered complications or infections after undergoing surgery, contact an experienced Westport medical malpractice attorney to find out what legal recourse you may have for your pain and loss.

Sources:

http://www.nytimes.com/2010/12/25/business/25invent.html?_r=0

http://ringoffireradio.com/2015/07/use-of-bair-hugger-warming-blanket-during-hip-and-knee-replacement-surgery-could-unnecessarily-increase-risk-of-severe-infection

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.