Overlapping Surgeries and Medical Malpractice Risk

November 11th, 2015 at 7:00 am

overlapping surgeries, Westport Medical Malpractice AttorneyFor most people who are facing surgery, we put our trust in the surgeon that will be performing the operation. We trust that he or she, as well as the rest of the medical staff, will put all of their focus on us—the patient—as we lay unconscious on the operating table, and do what it is they are supposed to do. We expect our surgeon to be present during the procedure. We do not expect that at the same time they are supposed to be operating on us, they are also operating on another patient in another operating room. Another patient who most likely has the same expectations we do. Yet, that is exactly what is happening in some of the most renowned medical centers in the country.

According to a recent Boston Globe Spotlight investigation, there are sometimes concurrent surgeries taking place at Massachusetts General Hospital (MGH). This means that while a surgeon has a patient booked in one operating room, he or she has an overlapping procedure booked, with another patient in another operating room, at the same time.

The hospital claims that when this happens, the surgeon is present during the “most important aspects” of the surgery and the patient is never at risk. Hospital administrators say that this is sometimes necessary in order to allow more patients access to surgeons who are in high demand. They also say that it gives in-training surgeons “hands-on” experience.

There is much debate on whether or not the hospital claims are valid, and there have been malpractice suits filed by patients who say they were injured because of overlapping surgeries. However, what may be even more disturbing is that the hospitals are not required to inform a patient that while his or her surgeon is supposed to operating on them, their surgeon may actually be in the room next door operating on another patient.

For example, at MGH, the only notification a patient is required to receive is contained in the consent form he or she signs, which states, “other medical professionals may perform some aspects” of the operation or procedure they are undergoing. Patient advocates say that the warning is not nearly enough and patients have a right to be informed of the overlapping scheduling.

If you have suffered an injury or illness from a medical procedure, please contact an experienced Westport medical malpractice attorney today to find out what legal recourse you may have against the physician and/or medical facility for your pain and loss.

Sources:

http://apps.bostonglobe.com/spotlight/clash-in-the-name-of-care/story/

https://www.bostonglobe.com/opinion/editorials/2015/10/27/patients-have-right-know-their-surgeon-double-booked/QVSmeEhy2TtCaVbNuLk6OI/story.html

Uninsured and Underinsured Motorist Case: Taking on Your Own Insurance Company

November 4th, 2015 at 7:00 am

underinsured motorist case, personal injury claim, Westport Personal Injury LawyerOne of the few factors that can make a car accident even worse is finding out that the person who caused the accident was not insured.

Even though Connecticut drivers are legally required to have car insurance when operating a motor vehicle, many still drive without insurance. Drivers may have insurance; however, their coverage may not be enough to cover all of the damages they caused. In cases like these, you may have to turn to your own uninsured or underinsured motorist policy for protection. Sometimes, this means fighting with your own insurance company about your damages.

How Uninsured and Underinsured Motorist Policies Work

When buying car insurance, you have the option of adding protection against other drivers who either do not carry insurance or do not have enough insurance to cover all of the damage they cause. This usually only costs a little extra a month.

In a typical car accident when the other driver is at fault you file a claim with the other driver’s insurance company. When the driver does not have insurance, or the insurance is inadequate, you file a claim with your insurance company under your uninsured or underinsured motorist policy.

On the surface, things should work the same way they would if there was another insurance company involved. However, some policies have obscure provisions that can make getting your compensation tougher than expected.

What You Must Prove to Make a Successful Claim

Insurance companies are not in the business of paying more money than they have to. Even your insurance company may try and find reasons not to pay out your claim, or to pay out less than you deserve.

If you want to make a successful uninsured or underinsured motorist claim you will need to prove:

  • Who was at fault for the accident;
  • You suffered injuries because of the actions of the at fault driver;
  • The amount of damages you suffered as a result of the actions of the other driver;
  • That no other at fault driver has insurance that you can make a claim against; or
  • That all other insurance has been exhausted.

Personal injury law is complicated. The insurance adjustor handling your case has likely dealt with hundreds, if not thousands, of car accidents. You need to get help before making an insurance claim.

If you or someone you love has been hurt in a car accident, protect your rights and contact a knowledgeable and experienced Westport personal injury lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today.

Source:

http://www.ct.gov/cid/cwp/view.asp?q=254618

NSC: 2015 May be Deadliest Driving Year since 2007

October 26th, 2015 at 7:00 am

deadliest driving year, Westport Personal Injury AttorneyThe first six months of this year has put 2015 on its way to being the most deadly driving year this country has had since 2007, according to statistics recently released by the National Safety Council (NSC). Between the months of January through June, there were almost 19,000 people killed in vehicle accidents. Another 2.2 million were injured.

Secondary to the tragic loss of life in these accidents is the increase in costs. The financial toll has spiked almost 25 percent higher than last year, with fatalities, injuries and damage to property already hitting $152 billion.

Two factors were cited as possible reasons for the increase. Lower gas prices—30 percent lower than last year—mean more people are on the roads. A lower unemployment rate also means an increase in vehicles on the road. People are better able to afford to travel and take vacations.

The NSC recommends that drivers take the following steps to ensure everyone stays safe on the nation’s roads:

  • Insist that all passengers—including the driver—use their seat belts every time they get in the vehicle, no matter how short the trip. In fact, statistics show time and time again that the majority of vehicle accidents occur less than five miles from home.
  • If you are going to a place where there will be drinking, make sure to have a designated driver. Never assume you are okay to drive after having any amount of alcohol. One in three traffic fatalities occur in alcohol-related crashes.
  • Prior to driving, make sure to get plenty of rest. If you are feel drowsy while behind the wheel, pull over to a safe spot. Drowsy driving can be just as dangerous as drunk driving. Estimates indicate that approximately 5,000 fatal crashes happen every year because a person was driving when he or she was too tired and should not have been behind the wheel.
  • Do not use a cell phone while driving. Even using a hands-free device can still cause enough of a distraction for a driver to take his or her eyes off of the road.

If you have been injured in a vehicle crash caused by a negligent driver, please contact an experienced Westport personal injury attorney to find out what legal recourse you may have for your pain and loss.

Sources:

http://www.nsc.org/NSCNewsReleases/Lists/Posts/Post.aspx?ID=64

http://www.drivingtoday.com/features/archive/crashes/index.html#axzz3nKPT3vvf

http://www.madd.org/drunk-driving/about/

http://www.cdc.gov/features/dsdrowsydriving/

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