Archive for the ‘medical negligence’ tag
Medical Malpractice: Failure to Review Patient Test Results
August 27th, 2015 at 10:42 am
When 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.
The Difference between Medical Error and Inherent Risk
November 11th, 2014 at 7:00 am
All medical procedures have some degree of inherent risk. When things go wrong, it is not always the fault of the medial professional who is handling the situation. Sometimes an amalgamation of unforeseen events causes a patient to suffer unexpected consequences. These are what are known as adverse events. According to a paper from the National Institutes of Health (NIH), there is a big difference between such adverse events and negligence. Negligence implies that the less-than-great consequences of the medical procedure are the fault of the medical professional. Additionally, thousands of errors are made every year “resulting in injuries to patients who many deserve compensation.” Yet it can be challenging to determine what constitutes medical error and what is resultant from the standard risk inherent to medical procedures.
According to the NIH, a Harvard Public Health study found that roughly 27 percent of adverse effects from medical procedures occur because of negligence on the part of a medical professional. “Medicine is not an exact science,” the NIH states, “and complications are an inherent feature of any procedure or medical intervention.” Surgeries, across the board, typically carry a 3 to 4 percent risk of infection. While sterilizing equipment and ensuring that all professionals are held to the highest standard of cleanliness can help mitigate the risk of infection from unsterile objects during surgery, there is still this risk during a surgical procedure.
Another important distinction to make when determining medical negligence or error is that between system errors and negligence. A doctor is negligent, for example, if the patient is suffering kidney failure, needs dialysis, and the doctor fails to put the patient on dialysis. However, say the doctor does order dialysis but a nurse misunderstands and the patient does not receive dialysis. This is simple human error. A 1999 paper from the Institute of Medicine, “To Err is Human,” states that “most medical errors are the result of unavoidable human error, which can only be reduced through system changes.”
If you suspect that you have been the victim of medical error, the most important step is to seek legal counsel. Do not go through it alone. Contact an experienced Westport medical malpractice attorney today.