According to statistics from the Centers for Disease Control (CDC), the number of outpatient surgeries went from approximately 11 million procedures in 1996 to 57.1 million procedures in 2006. Many of the surgical procedures that are now being done in doctors’ offices were once only performed in hospitals. However, along with the increase in outpatient surgeries comes the increased risk of surgical errors and other medical malpractice incidents.

Much of the increase in outpatient surgery can be attributed to the difference in costs for insurance companies when a surgical procedure is done in a doctor’s office compared to the same procedure being performed in the hospital. That difference can be as much as 65 to 70 percent. Many insurance companies, and even Medicaid, will pay only a lower reimbursement fee for hospital-stay procedures, compared to a full-rate for office procedures.

As more and more surgical procedures are classified as outpatient procedures, the number of fatalities will also continue to rise. According to research from John Hopkins University, there are over 4,000 “never events” that occur each year in the United States. The National Patient Safety Agency defines never events as “serious, largely preventable patient safety incidents that should not occur if the available preventative measures have been implemented.”

Other statistics from the CDC reveal that of those outpatient procedures performed in 2006, the majority of patients—20 million—were women. The most common procedure performed were endoscopies of either the large or small intestines. In 2006, there were 9.3 million outpatient endoscopies performed.

Endoscopies are often done to examine the vocal cords, esophagus, stomach, or part of the small intestine in order to obtain a biopsy or for treatment. The safety of outpatient endoscopy, especially in elderly patients, has come under scrutiny recently, with the death of comedienne Joan Rivers who stopped breathing while having the procedure done as an outpatient.

According to the American Society for Gastrointestinal Endoscopy (ASGE), complications from the procedure are not common; however, there are risks associated with it and include the perforation of the gastrointestinal tract lining. Some medical professionals have pointed out that the disadvantage of performing the surgery in an outpatient clinic is that the necessary medical equipment and medical expertise to resuscitate a patient should they go into respiratory or cardiac arrest is not available.

If you suspect that you or someone in your family has 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 an experienced Westport medical malpractice attorney for a free initial consultation today.

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.  

A measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.