Surgical errors are more common in the U.S. than one may think. In 1999, the Institute of Medicine published a report stating how just less than 100,000 people in the U.S. died every year from medical mistakes. However, according to a report issued by the Journal of Patient Safety and as reported by Propublica.org, that number is now estimated between 210,000 and 440,00 patients each year.

The estimate includes patients who suffer any type of preventable harm such as misdiagnosis, surgical error, and patient mix-up. Propublica.org notes how this “would make medical errors the third-leading cause of death in America,” third only to cancer and heart disease (the second and first leading cause of death in the U.S., respectively). Surgical errors are often the most serious of medical mistakes, because they are often irreversible mistakes that result in death.

An article in Medical News Today states how events that should never occur during surgery are known in the industry as “never events,” but these events occur far more often than never. Findings published in Surgery (as reported by Medical News Today) report more than 4,000 “never-events” happening each year in the U.S. And between 1990 and 2010, there were more than 80,000 of these across the country.

Examples of surgical error include extremely severe and identifiable mistakes such as a surgeon leaving a tool inside a patient’s body. By some estimates this happens about 39 times a week. Other surgical errors include a doctor operating on a wrong body part, or performing the wrong surgery. This happens less often, but still at a staggering estimate of 20 times each week. Malpractice claims arising from incidents of surgical error have cost the medical industry more than $1.3 billion between 1990 and 2010, according to Medical News Today.

Submitting a medical malpractice claim can be a long and arduous process. If you suspect that you have 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 a Westport medical malpractice attorney for a free initial consultation today.

Reuters is reporting that Biomet Inc. is going to pay $56 million to settle multiple lawsuits against them for the company’s defective metal hip replacements. Hundreds of plaintiffs across the country had filed lawsuits against Biomet for their metal-on-metal hip replacement devices known as M2a-38 and M2a-Magnum. These suits were all combined and an Indiana federal court heard the case against the company.  Biomet’s headquarters are located in Indiana.

According to the lawsuit, these metal-on-metal devices are made from cobalt and chromium alloy. As grinding of the ball and cup articular surfaces takes place, the defect in the device releases an excessive amount of these two metals. Plaintiffs in the case experienced early failure of the hip replacement devices and many suffered from metallosis – elevated metal ion poisoning. This led to often painful revisions and a long rehab process.

Biomet will put $50 million into an escrow account to pay all those plaintiffs who have been forced to have the revision surgery. Each claimant will receive a base $200,000, with any more funds being determined by clinical factors in each individual case. There are at least 200 claimants who have not had the surgery yet. They will not receive any funds as part of the settlement until, or if, they have the revision surgery.

The other $6 million will go towards attorney fees.

Despite the settlement agreement, Biomet maintains that their product were not responsible for any injuries or damages suffered by anyone who received those implants. However, it was revealed that shortly after Biomet introduced the devices in 2004, hundreds of complaints of the product failure began coming in to the company. Biomet didn’t act on those complaints.

Biomet isn’t the only hip replacement company facing litigation over defective metal hip replacement devices. Other companies include the Zimmer, Stryker, Biomet, Wright and DePuy.

If you received a defective hip replacement device, contact an experienced Westport medical malpractice attorney today to find out what compensation you may be entitled to for pain and loss.

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.