Diagnostic Error: Number One Reason for Medical Malpractice Claims
October 20th, 2014 at 7:00 am
A study conducted by researchers at John Hopkins University School of Medicine reveals that the most dangerous and costly mistakes made by doctors are diagnostic errors. According to the study, more than 160,000 people die in the United States each year because of physician misdiagnosis.
A diagnostic error can hamper the treatment of a patient’s condition and can cause serious injury or even death.
The research team examined more than 350,000 paid-out malpractice claims which had occurred between 1986 through 2010. They obtained the information from the National Practitioner Data Bank. The majority of the claims paid outX—28.6 percent—were due to misdiagnosis or failure to diagnose on the part of physicians. These claims typically resulted in extreme harm to the patient.
These claims were also the highest paid out claims and accounted for 35 percent of the total amount of medical malpractice claims paid. The payout of diagnostic error claims totaled almost $40 billion.
There were 69 percent of outpatient diagnostic error claims and 31 inpatient claims. There were more deaths that occurred for the inpatient claims.
The majority of diagnostic errors analyzed in the study were classified as failed diagnosis, with misdiagnosis errors coming in second. Errors involving neurological diagnosis were the most common.
The head of the research team, Dr. David E. Newman-Toker, an associate professor of neurology at Johns Hopkins University, estimates that diagnostic errors occur in almost 15 percent of patients on their initial visit to a doctor for a new medical issue.
Dr. Newman-Toker said of his team’s findings, “Overall, diagnostic errors have been under appreciated and under-recognized because they’re difficult to measure and keep track of owing to the frequent gap between the time the error occurs and when it’s detected. These are frequent problems that have played second fiddle to medical and surgical errors, which are evident more immediately.”
If you have suffered permanent disabilities or illness due to a diagnostic error, you may be entitled to compensation. Contact an experienced Westport medical malpractice attorney to discuss your legal options.
How Safe Are Outpatient Surgeries?
October 13th, 2014 at 7:00 am
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.
Hospitals Make More Money When Surgery Goes Wrong
October 6th, 2014 at 7:00 am
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.