A measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.

This fall a proviso of the Affordable Care Act goes into effect known as the Sunshine Act, which requires all medical device and pharmaceutical companies to report publicly all payments made to doctors over the amount of $10. This is meant to curb big pharma and device manufacturers from giving doctors and other medical professionals shady kickbacks for using their products, or at least to make the public aware of such practices. Charlie Ornstein, a senior editor for ProPublica, told CBS News that the practice of big corporations providing “pay to play” for doctors who use their medications or devices is nothing new. It has been in place for decades. Ornstein told CBS News that the promotion part “has gotten a lot of attention in recent years because drug companies have paid … billions of dollars to settle lawsuits that have accused them of improper marketing and giving kickbacks to doctors.”

It is an illegal practice for corporations to give kickbacks to doctors for prescribing their products, but it is not illegal for corporations to give doctors money for promoting their drug. This makes for a very grey line between legitimate and illegitimate relationships between drug manufacturers and the medical professional world. Ornstein told CBS News that it all boils down to trust. If your doctor recommends a certain drug to you, you should be able to assume that he is recommending that particular drug because it is what your body needs.

Ornstein said that it would make sense that a doctor would first prescribe a generic or cheaper alternative, as the cost of drugs continues to skyrocket. Another good example of a doctor doing what is best for his patient would be to recommend a non-medication alternative “to reach your goals perhaps first.”

According to ProPublica, the issue of doctors having to settle issues of marketing fraud is widespread. Since 2008, at least 15 manufacturers of drugs or medical devices have had to pay $6.5 billion collectively to settle such accusations. Yet no individual doctor has faced the same penalties, “despite allegations of fraud or of conduct that put patients at risk.”

If you or someone you know suspects that your doctor has illegally received kickbacks for prescribing medication, the most important step is to speak with a legal professional. Contact a Westport medical malpractice attorney today.

Medical errors that result in death inside a hospital are oftentimes caused by the neglect of healthcare professionals. According to CNN, medical errors kill more than 250,000 people every year in the U.S., which by some estimates could be “the third leading cause of death.” Examples of these types of medical malpractice include treating the wrong patient, accidentally leaving surgical tools inside a patient’s body, misplacing patient records, and waiting too long in the emergency room.

However, one such disturbing trend of failure in American hospitals is the number of patients who die from sepsis every year. In fact, the CDC reports that between 28 and 50 percent of those who get sepsis end up dying from the illness.

According to the American Thoracic Society, nearly half of all deaths in U.S. hospitals are sepsis-related, with sepsis also accounting for close to 22 percent of all hospital charges. Vincent Liu, M.D., of the Kaiser Permanente Northern California Division of Research, notes how “improved care for sepsis patients of all severity levels and in all hospital settings could result in many future lives saved.”

Sepsis is not an infection or a disease, but an illness that arises from an infection. Once the infection enters the bloodstream, it can spread rapidly through the body, and often result in the loss of muscle function, limbs, or organ failure. Despite several medical advances meant to curb the rate of infection and spread of disease, sepsis continues to be an unexpectedly severe issue.

Several causes of sepsis include surgical site infections, catheter-related urinary tract infections, and infections of the lungs or skin. Those more susceptible to sepsis include the elderly, infants and children, those with weakened immune systems, and those suffering from a physical trauma or severe burn. Symptoms of sepsis include:

• Fever,
• Chills,
• Rapid breathing and heart rate,
• Rash,
• Confusion, and
• Disorientation.

Early detection and treatment of sepsis can prevent serious bodily failure and death. However, noted by the National Institute of General Medical Sciences, it can be difficult to diagnose as many of the sepsis symptoms “mimic other conditions, making sepsis hard to diagnose in its early stages.”

If you suffered from sepsis while in a hospital, or had a loved one die as a result of sepsis while in the hospital, you may be eligible for compensation. Do not go through it alone. Contact an experienced Westport medical malpractice attorney to discuss your case today.