Misdiagnosis the Number One Reason for Medical Malpractice Claims
February 13th, 2014 at 9:38 pm
A study by John Hopkins University reveals that the most common error made by physicians is misdiagnosis, which often leads to permanent disability or even death. The study also found that misdiagnosis is also the number one reason for malpractice claims, accounting for 35 percent of those claims. Between 1986 and 2011, there was almost $39 billion paid out to patients and their families for physician misdiagnosis.
The medical community, realizing that most of these errors are preventable, is focusing on fixing the reasons those errors occur. Computers and automation are a big component of ensuring misdiagnoses doesn’t occur. Having computers automatically analyze medical records searching for possible oversights or other mistakes by doctors is one way. Alerting doctors to make sure they follow up on questionable lab results is another way automation can help alleviate these errors.
There is also a different trend in the way doctors are being trained. Instead of deciding on just one diagnosis for a presented set of symptoms, they are now being trained to not be so quick to put a definite label on symptoms and to keep an open-mind, even as treatment is occurring. The Society to Improve Diagnosis in Medicine is in the process of developing a curriculum for medical schools that will help physicians in training develop their diagnostic skills. It will also help reveal to the schools whether these future doctors are competent in their field.
It is hoped that the new health care law will also curb physician misdiagnosis since the law requires all of a patient’s medical providers to coordinate his or her care.
Other solutions include running automatic queries of patient records that meet certain criteria (i.e. abnormal blood tests), utilizing electronic decision-support programs to help with diagnosis, new and improved testing apparatus and also stressing the importance of doctor/patient communication.
If you’ve suffered permanent disabilities because of a doctor’s misdiagnosis, you may be entitled to compensation. Contact a Westport medical malpractice attorney to find out what legal options you may have.
Changes in Connecticut Medical Malpractice Law in 2013
February 6th, 2014 at 5:49 pm
The past year was a big one regarding medical malpractice law and lawsuits. At the beginning of the year in Illinois, Gov. Pat Quinn “quietly signed a law allowing [medical malpractice attorneys] to collect higher fees,” according the Chicago Tribune, a practice that supporters say aims to protect victims of medical malpractice. Rather than Illinois attorneys being able to take sometimes up to 50 percent of their clients’ award, “the law is aimed at setting a standardized rate of pay,” the Tribune reports. While no such law has been passed in Connecticut yet—Connecticut is still one of the 15 states that “establishes a specific limit or sliding scale on contingency fees attorneys may charge clients,” according to the Connecticut State government—there were other changes made to medical malpractice procedure in the state this year.
In April, according to the Connecticut Mirror, the Connecticut State Judiciary Committee heard testimony “on a proposed change to how cases against physicians come to court.” Attorneys who were pro-change explained that unless the doctor was specifically described in state law, many legitimate cases of medical malpractice were being thrown out in court. “Since 2005,” the Connecticut Mirror reports, “a patient wanting to claim damages from a doctor for alleged negligence must have his or her case reviewed by a similar health care provider.”
According to the Connecticut Post, the legislation that “would change who could write the opinions from “similar” health care providers to “qualified” health care providers.” Several physicians and hospital officials, including the American Medical Association, “submitted testimony against the legislation,” the Post reports, “saying it would undo the 2005 reform that curbed the skyrocketing malpractice insurance rates.” After the 2005 law was passed that required this type of opinion, “the number of medical malpractice cases filed in the state has dropped about 20 percent,” according to the Post.
If you believe you have been the victim of medical malpractice in Connecticut, the most important first step you can take is to contact an experienced malpractice attorney. Don’t go through it alone. Contact Richard R. Raphael today.
FDA: Common OTC is a Dangerous Drug if Overused
January 31st, 2014 at 5:23 pm
Some of the most dangerous drugs are those sold over the counter and taken incorrectly. At the end of 2013, the Food and Drug Administration (FDA) issued a warning regarding the overuse of acetaminophen in hospitals and in homes. In January, a similar warning was issued stating that, “over-the-counter (OTC) sodium phosphate drugs to treat constipation can cause rare but serious harm to the kidneys and heart, and even death,” according to the FDA. The damage results from a change in the levels of serum electrolytes. This can occur if a person takes more than the recommended dose of the sodium phosphate products. “According to the reports,” the FDA states, “most cases of serious harm occurred with a single dose of sodium phosphate that was larger than recommended or with more than one dose in a day.”
According to Medscape.org, “the problem surfaced in a review… which turned up 54 cases in 25 adults and 29 children of serious adverse events associated with the oral or rectal use of OTC sodium phosphate drug products used to treat constipation.” Medscape reports that individuals who may be at higher risk when using the sodium phosphate products include (but are not limited to):
- Young children
- Individuals older than 55 years
- Patients who are dehydrated
- Patients with kidney disease, bowel obstruction, inflammation of the bowel
- Patients using medications that affect kidney function
OTC sodium phosphate medications come in several different forms. They may include diuretics or water pills, Medscape reports, inhibitors or receptor blockers used to treat hypertension, and anti-inflammatory OTC drugs. This isn’t the first time that the FDA has issued a warning regarding the overuse of such drugs, according to Medscape. The agency has previously issued a similar warning regarding the overuse of such drugs “for bowel cleansing before colonoscopy or other procedures,” Medscape reports.
If you or someone you know has been adversely affected because of a dangerous drug in Connecticut, the most important step is to seek legal counsel. Contact Richard H. Raphael today.