The most catastrophic injuries in hospitals are not always the ones seen in an emergency room. In 2010, misdiagnosis, failure to diagnosis, and medical error—generally described as “bad hospital care” by the Office of Inspector General for Health and Human Services—contributed to the deaths of 180,000 patients in Medicare. Additionally, in 2013, a study published in the Journal of Patient Safety stated that those numbers are much higher—between 210,000 and 440,000 patients annually. 

Brain Injury and Jaundice in Newborns

Kernicterus, a relatively rare yet severe form of jaundice, can cause brain damage in babies if left undiagnosed and untreated. Surprisingly, 60 percent of newborns are diagnosed with jaundice, which is the result of a baby’s liver not adequately removing excess bilirubin.

Bilirubin is a naturally occurring substance in the blood, which is removed by the liver. A low-level build-up of bilirubin is normal in newborns, and can often cause mild jaundice in babies. Additionally, it can sometimes take a few days for a newborn’s liver to function properly to remove the excess bilirubin, which is why mild jaundice is normal. However, if a newborn has jaundice and it is not properly monitored by doctors and hospital staff, it can become a serious problem and lead to severe brain damage for which the hospital would be liable.

Treatment for severe jaundice can include phototherapy, which alters the bilirubin in a baby’s blood from toxic to non-toxic. But in some severe cases, such as those that lead to kernicterus, a more extreme treatment such as a blood exchange transfusion may need to be employed to ensure the safety of the child. Hence, diligent monitoring is essential to help prevent the extreme from occurring.

Contact a Compassionate Medical Malpractice Attorney

If you or someone you know had a newborn suffer from misdiagnosed jaundice or kernicterus, you may be eligible for compensation. Contact a compassionate Connecticut medical malpractice attorney today to discuss your case and your options.

A common nightmare for patients undergoing surgery is having surgical tools left behind inside the body. While a patient is on the operating table, sponges and towels may fall into open wounds. Additionally, broken pieces of instruments, stapler parts, and other sharp objects may also be left inside patients’ bodies.

In 2013, The Joint Commission, a healthcare safety watchdog group, released a report which discovered more than 770 incidents of foreign objects being left in patients both during and after surgery throughout a seven year period. In fact, the cases resulted in 16 deaths. Moreover, 95 percent of the cases required patients to remain in the hospital for a longer period of time. The incidents most commonly occurred in operating rooms, labor and delivery rooms, ambulatory surgery centers or “labs where invasive procedures such as catheters or colonoscopies take place.” Lack of policy and procedure, as well as failure to comply and communicate, were cited as common causes.

One of the goriest stories involving surgical tools left behind include a string of incidents which occurred at the University of Wisconsin. For five years in a row doctors left surgical tools in five patients. Two of these incidents involved a 13-inch retractors—a surprisingly long object to overlook.

Connecticut hospitals, however, do not have a much better track record. According to the Hartford Courant, state hospitals reported 65 cases of surgeons having left objects in patients between 2004 to 2008. One Hartford Hospital patient went through the same devastating experienced as the patient at the University of Wisconsin—a 13 by 2-inch retractor was left inside her body. It was not until two weeks after the initial operation that the mistake was discovered: the patient returned to the hospital complaining of sharp abdominal and neck pain, and then had to undergo a subsequent operation.

If you or someone you know underwent a surgery and experienced subsequent complications, perhaps caused by having surgical tools left behind, the most important step is to seek legal counsel. You do not go through it alone. An experienced Connecticut medical malpractice attorney can assist with your case and look out for your best interests. Call 203-226-6168 today to schedule your free initial consultation.

Medical malpractice is the third leading cause of death in the United States, according to the Journal of American Medicine and as reported by Forbes. In the U.S., a malpractice payout is made every 43 minutes and amounts to a stunning $3 billion in 2012.

However, according to Forbes, there are several steps a person can take to avoid malpractice suits—the most important of which is to be your own healthcare advocate. Understanding medical malpractice and how to approach it is the most important step to dealing with it and getting your life back on track in the event of a malpractice issue.

To begin, you have the right to file a malpractice claim if “a provider’s negligence causes injury or damages to a patient,” reports Forbes. Negative results from medical care do not always amount to a malpractice claim, however, and there are certain limitations regulated by the state when it comes to what types of incidents can be considered malpractice, as well as the timeframe for which a claim can be filed.

More than 80 percent of all malpractice claims filed in the U.S. every year do not result in payouts to the patients or the survivors of affected patients. In addition, there is a statute of limitations in which the claim can be filed. This varies from state to state. In Connecticut, according to the office of the state’s Chief Attorney, Connecticut state law requires that a medical malpractice suit be filed within two years from the date “when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered.”

The Chief Attorney’s Office notes, however, that if a patient can prove that the medical professional had a continuing duty to warn him or her about the consequences of malpractice or possible negative effects of procedure, the statute of limitations can be extended. There must be evidence that the doctor failed to fulfill his duty in the period that follows the original wrong, and that duty must be proved to be within the typical standard of care.

If you suspect you have been victim of medical malpractice and have questions regarding the medical malpractice statute of limitations, the most important step is to seek legal counsel. Contact a Westport medical malpractice attorney today.