Archive for the ‘medical malpractice’ tag
Malpractice Suits From Laser Hair Removal Treatments Surge
April 17th, 2014 at 1:23 pm
As complex medical procedures increase in popularity, so do the mistakes that accompany them. According to Medical News Today, the number of litigated cases involving malpractice in laser hair removal treatments has surged in recent years. In 2011, Medical News Today reports, “dermatologic surgeons carried out 1.6 million treatments” in the U.S.—one of the most common cosmetic operations performed in the nation.
The major risk with laser hair removal practices comes most often from non-physicians “who may have minimal training,” reports The New York Times. In addition to the figures compiled by Medical News Today, the Times suggests that there may be several unreported operations performed annually as well. “The percentage of lawsuits over laser survey that involved a non-physician operator rose to 78 percent in 2011 from 36 percent in 2008,” the Times reports.
Eleven states do not have regulatory laws concerning laser hair removal. According to the State of Connecticut Medical Examining Board, in 1996 such regulatory measures were approved in the state, making it illegal for any physician without a specific license to employ lasers for hair removal. “In making this ruling,” the report states, “the Board is choosing to err on the side of safety to best protect the public.”
Risks associated with laser hair removal can be permanent, though the procedure itself may not be. According to The New York Times, risks can include (but are not limited to:
- Disfiguring injuries;
- Severe burns in sensitive areas (“like the bikini line and the mustache area above the lips”);
- Death.
Washington Institute of Dermatologic Laser Surgery Director Dr. Tina Alster told the Times that, “there’s a perception by the public that anybody can do this. People need to remember, it’s not the laser doing the work, it is the operator.”
If you or someone you know has been injured or disfigured by a laser hair removal treatment in Connecticut, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact the law offices of Richard R. Raphael for a free initial consultation today.
Nation’s Emergency Rooms Receive D+
April 5th, 2014 at 12:43 pm
The American College of Emergency Physicians (ACEP) recently released their 2014 Emergency Room Report Card and the grade is not good – the national results were a D+. The study found that, nationally, the emergency care environment had actually gotten worse since the last report card was issued in 2009.
Four of the categories the study measured include:
Access to Emergency Care – The national grade for this category was a D-. There are many issues that emergency care environments cannot seem to overcome, including the amount of time patients have to wait for emergency room care, shortages in on-call specialists and other healthcare workforce members, and the increasing costs for care. Twenty-one states received F’s in this category.
Quality and Safety Patient Environment – This category received a C for its overall grade. The study points out that there have been new systems and protocols introduced to improve life-saving treatment and promote better functioning emergency rooms. Ten states received F’s in this category.
Public Health and Injury Prevention – The overall national grade for this category is a C. There has been no improvement in this section since 2009. It is the one category where states can take the initiatives to be pro-active in implementing programs to help reduce the need for emergency care. An example of this cited by the ACEP would be immunization programs for children and senior citizens. Ten states received F’s in this category.
Disaster Preparedness – This category saw a slight decrease since the last report card and has fallen to a C-. The ACEP contributes this decrease to disparities in each state’s hospital systems when it comes to the capacity of the hospitals and how prepared its personnel are for disasters. Thirteen states received F’s in this category.
If you have suffered permanent disabilities because of a physician’s error or misdiagnosis, you may be entitled to financial compensation for your pain and loss. Contact a Westport medical malpractice attorney to find out what legal options you may have.
Types of Misdiagnoses That Result in Medical Malpractice
March 27th, 2014 at 3:51 pm
It can be difficult to determine whether or not you qualify for a medical malpractice suit. Medical malpractice, however, is an epidemic in America—according to the Journal of the American Medical Association and as reported by Forbes, “medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer.” While it might be difficult to prove medical malpractice, payouts for these types of suits still totaled over $3 billion in 2012, amounting to one average payout nationwide every 43 minutes. This statistic can be misleading. According to Forbes, “only 15 percent of the personal-injury lawsuits filed annually involve medical-malpractice claims, and more than 80 percent of those lawsuits end with no payment whatsoever to the injured patient or their survivors.”
At its worst, medical malpractice brings to mind tools left in patients’ bodies, or infectious, deadly diseases transmitted because hospital staff forgot to wash hands. Yet the leading cause of medical malpractice is actually much more benign. According to a study out of Johns Hopkins last spring and as reported in the Village Voice, more than 30 percent of all medical malpractice payouts were for misdiagnosis. The lead researcher of the study said in a press release that, “this is more evidence that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.”
To combat this, in 2006, according to the Wall Street Journal, Kaiser Permanente joined forces with the Veterans Administration to promote “system wide initiatives aimed at the most common lapses in the diagnostic process.” The most common instances of misdiagnosis arise from incidents that include (but are not limited to):
- The creation of proper follow-up care plans;
- Failure to obtain complete medical histories;
- Failure to perform physical exams adequately;
- Failure to order the correct type of tests.
If you suspect that you have been the victim of medical malpractice in Westport, the most important step is to seek the counsel of an attorney. Contact the law office of Richard H. Raphael for a free consultation today.