Archive for the ‘medical malpractice’ tag

Medical Malpractice: Failure to Review Patient Test Results

August 27th, 2015 at 10:42 am

patient test results, medical error, Westport Medical Malpractice AttorneyWhen doctors do not follow medical protocol and address patients’ needs and concerns with the utmost care and attention, grievous errors ranging from misdiagnosis to death can occur.

Many people are surprised to learn how frequently medical malpractice occurs because of a physician’s failure to accurately review the results of a patient’s tests, reports and x-rays. In some of the most egregious cases of medical malpractice, a physician did not fail to adequately read or interpret a patient’s lab test, report or x-ray. Instead, he or she simply failed to review the information at all, in its entirety.

Patient Death from Failure to Review Test Results

In one patient’s case, a doctor’s failure to review the results of an electrocardiogram cost the patient his life. The patient, a 45-year-old male, entered a medical center with stroke-like symptoms. While in the ER, one doctor administered an electrocardiogram and sent the results to the patient’s family doctor who was on call at the hospital at the time.

Although the patient’s doctor was notified, she did not check in on the patient until the following day and, according to the patient’s attorney, she did not ever review the results of the electrocardiogram.

One week after the patient’s initial complaint, he suffered a heart attack and died. The patient’s family sued the family doctor for medical malpractice and negligence, claiming that the doctor’s misdiagnosis of his condition caused his death. The jury agreed and awarded the patient’s next of kin over $6 million in compensation for wrongful death.

Medical Malpractice Cases can be Complicated

Medical malpractice cases are complicated in the legal arena. Doctors, nurses, and hospitals are protected by numerous waivers, rules, and regulations, therefore making it difficult to sue. However, when a medical error does occur, a victim or a victim’s family should immediately consult with a skilled medical malpractice legal firm to discuss what litigation option may be available. Additionally, if negligence occurs, and a victim or family believes they can prove that the negligence caused suffering or death, they may have a strong case and may be awarded significant compensation for their losses. Consulting an attorney is essential.

Speak with a Westport, CT Attorney Today

If you have experienced a misdiagnosis that resulted in pain and suffering, or if you have lost a loved one due to doctor or hospital error, please contact a Westport medical malpractice attorney. We offer both advice and representation, will handle your case individualized attention and diligence, and will fight hard to get you and your family the compensation you deserve. Richard H. Raphael, Attorney at Law, is experienced in representing clients throughout Connecticut. 

Study Shows Frequency of Misdiagnosis in Breast Tissue Biopsy Samples

July 9th, 2015 at 7:00 am

misdiagnosis in breast tissue biopsy, Westport Personal Injury LawyerNew research exploring breast cancer occurrence in women reveals how conditions can often be misdiagnosed by biopsy specialists.

The new study shows that pathologists often determine if cancerous conditions are present in the breast tissue correctly, yet they fall short when making the correct diagnosis in cases where the tissue is normal or has less serious conditions. Hence, a patient with a positive diagnosis is then at risk to be either under-treated or over-treated.

Up to Half of Breast Tissue Biopsy Diagnosis May be Incorrect

The study, published in the Journal of the American Medical Association, found that of the breast biopsy samples in the control group, 33 percent were misdiagnosed as worrisome or normal and 17 percent were mislabeled as having suspicious cells. In roughly half of the samples, when precancerous abnormal cells were present, a pathologist was able to diagnose it correctly. In other words, the study has seemingly shed light on the fact that diagnosis of precancerous cells was incorrect in almost half the cases examined.

In 13 percent of tissue specimens, pathologists mistakenly found suspicious cells and many times had trouble identifying a condition called DCIS—ductal carcinoma in situ. DCIS is the most common non-invasive form of breast cancer and develops first inside the milk ducts in the breast. Close to 60,000 women are diagnosed with DCIS each year—a statistical rise due to increased mammography use. Misdiagnosing DCIS, or identifying normal cells when cancerous ones are present, could mean a life or death situation for some women.

Misdiagnosis Results in Inadequate Treatment and Possible Medical Malpractice

Annually, over one hundred thousand U.S. women are diagnosed with cancerous breast cells and many of these women may not be receiving the proper amount of treatment for their situations. Pathology is an imperfect science. Therefore it is always important to obtain a second opinion when faced with a positive diagnosis for cancerous cells.

Failure to diagnose cancer in some situations may result in medical malpractice. Patients who believe they may have been the victim of medical malpractice or misdiagnosis should consult with a Westport personal injury attorney without delay to discuss their case. Richard Raphael, Attorney at Law, is proud to represent victims of medical malpractice in Connecticut.

Birth Injuries: Often Preventable with Improved Safety Protocols

June 2nd, 2015 at 7:00 am

birth injuries, Westport Medical Malpractice LawyerWhen a birth injury occurs due to medical malpractice or medical error, it mars the joyous occasion of a new life entering the world. Health care providers who work in obstetrics are treating two patients, mother and child. As such, opportunities for human error are doubled, along with the number of potential victims. Fortunately, there are medical errors which can be prevented with better health care provider communication and adherence to safety protocols.

Every hospital maintains different protocols regarding its birthing and obstetric protocols. Hospitals where coordinated patient care and safety protocols are high priorities generally have a much lower rate of live birth complications and fewer birth injuries. However, in hospitals where safety protocols are impeded or not prioritized, the rate of injuries related to medical error can be significantly higher.

To help decrease incidences of medical error, doctors and health care workers must be given the support by their organizations that enables them to make preventing patient injury their first priority.

Several hospitals have made procedural changes to improve the quality of their obstetric care and prevent medical error as well as birth injuries. Many of those organizations are now seeing a drastic shift in their statistics due to their implementation of improved safety protocols.

  • The NY Presbyterian Hospital now boasts some of the nation’s lowest numbers of brain injuries resulting from oxygen deprivation in newborns.
  • The Hospital Corporation of America was able to achieve an 87 percent reduction in the fatality rate of pulmonary embolism in delivering mothers.
  • Ascension Health achieved an 85 percent reduction in brain trauma in newborns at its birthing facilities that adopted a revised program of best practices during live birth delivery.  

Hospital data shows that the frequency of medical errors and devastating results, such as newborn brain injuries, can be greatly reduced when safety protocols are implemented at the organizational level. Appropriate staffing levels, coordinated patient care, and a limit to procedures such as C-section births are some of the ways that health care organizations have achieved lower medical malpractice rates in the field of obstetrics.  

If your family member suffered harm because of a childbirth medical error, please contact an experienced Westport medical malpractice attorney today. Richard H. Raphael, Attorney at Law, works hard to protect the rights of patients of all ages and holds the health care industry accountable for providing the safest level of care possible. Call (203) 226-6168 today to schedule your free initial consultation. 

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