Archive for the ‘Westport medical malpractice attorney’ tag
Diagnostic Error: Number One Reason for Medical Malpractice Claims
October 20th, 2014 at 7:00 am
A study conducted by researchers at John Hopkins University School of Medicine reveals that the most dangerous and costly mistakes made by doctors are diagnostic errors. According to the study, more than 160,000 people die in the United States each year because of physician misdiagnosis.
A diagnostic error can hamper the treatment of a patient’s condition and can cause serious injury or even death.
The research team examined more than 350,000 paid-out malpractice claims which had occurred between 1986 through 2010. They obtained the information from the National Practitioner Data Bank. The majority of the claims paid outX—28.6 percent—were due to misdiagnosis or failure to diagnose on the part of physicians. These claims typically resulted in extreme harm to the patient.
These claims were also the highest paid out claims and accounted for 35 percent of the total amount of medical malpractice claims paid. The payout of diagnostic error claims totaled almost $40 billion.
There were 69 percent of outpatient diagnostic error claims and 31 inpatient claims. There were more deaths that occurred for the inpatient claims.
The majority of diagnostic errors analyzed in the study were classified as failed diagnosis, with misdiagnosis errors coming in second. Errors involving neurological diagnosis were the most common.
The head of the research team, Dr. David E. Newman-Toker, an associate professor of neurology at Johns Hopkins University, estimates that diagnostic errors occur in almost 15 percent of patients on their initial visit to a doctor for a new medical issue.
Dr. Newman-Toker said of his team’s findings, “Overall, diagnostic errors have been under appreciated and under-recognized because they’re difficult to measure and keep track of owing to the frequent gap between the time the error occurs and when it’s detected. These are frequent problems that have played second fiddle to medical and surgical errors, which are evident more immediately.”
If you have suffered permanent disabilities or illness due to a diagnostic error, you may be entitled to compensation. Contact an experienced Westport medical malpractice attorney to discuss your legal options.
How Safe Are Outpatient Surgeries?
October 13th, 2014 at 7:00 am
According to statistics from the Centers for Disease Control (CDC), the number of outpatient surgeries went from approximately 11 million procedures in 1996 to 57.1 million procedures in 2006. Many of the surgical procedures that are now being done in doctors’ offices were once only performed in hospitals. However, along with the increase in outpatient surgeries comes the increased risk of surgical errors and other medical malpractice incidents.
Much of the increase in outpatient surgery can be attributed to the difference in costs for insurance companies when a surgical procedure is done in a doctor’s office compared to the same procedure being performed in the hospital. That difference can be as much as 65 to 70 percent. Many insurance companies, and even Medicaid, will pay only a lower reimbursement fee for hospital-stay procedures, compared to a full-rate for office procedures.
As more and more surgical procedures are classified as outpatient procedures, the number of fatalities will also continue to rise. According to research from John Hopkins University, there are over 4,000 “never events” that occur each year in the United States. The National Patient Safety Agency defines never events as “serious, largely preventable patient safety incidents that should not occur if the available preventative measures have been implemented.”
Other statistics from the CDC reveal that of those outpatient procedures performed in 2006, the majority of patients—20 million—were women. The most common procedure performed were endoscopies of either the large or small intestines. In 2006, there were 9.3 million outpatient endoscopies performed.
Endoscopies are often done to examine the vocal cords, esophagus, stomach, or part of the small intestine in order to obtain a biopsy or for treatment. The safety of outpatient endoscopy, especially in elderly patients, has come under scrutiny recently, with the death of comedienne Joan Rivers who stopped breathing while having the procedure done as an outpatient.
According to the American Society for Gastrointestinal Endoscopy (ASGE), complications from the procedure are not common; however, there are risks associated with it and include the perforation of the gastrointestinal tract lining. Some medical professionals have pointed out that the disadvantage of performing the surgery in an outpatient clinic is that the necessary medical equipment and medical expertise to resuscitate a patient should they go into respiratory or cardiac arrest is not available.
If you suspect that you or someone in your family has 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 an experienced Westport medical malpractice attorney for a free initial consultation today.
Payout Caps & Connecticut Medical Malpractice Suits
September 26th, 2014 at 8:55 am
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.