Hospital Malpratice

Published on: July 12, 2012

States Seek to Limit Awards For Medical Malpractice Cases

by Stephen Bilkis

Though hospitals are places where one expects to go to heal, there are often times when being in a hospital can result in further complications. This can be due to several reasons, but often involves infections which can be common in hospitals because of improper hygiene practices. Unfortunately, it is almost impossible to pinpoint where an infection originated, explains a doctor in The Bronx.

A woman who went to a hospital because of a broken ankle eventually would need to have her foot amputated because of an incurable infection. She claims that the infection came from the hospital where her ankle was treated while the hospital claims that the foot was infected after she left the hospital.

In cases such as these, a cluster of infections in a certain hospital or medical center, make it easier to argue that the infection was spread at the treatment center. In the absence of clear evidence of the source of the infection, the costs involved in preparing a case can be a hindrance, says a nurse. Hiring medical experts is often one of the costliest parts of a medical malpractice case; lawyers often have to front the costs of these experts for their cases.

Published on: July 7, 2012

The Reason for Appeal in Medical Malpractice Case Explained

by Stephen Bilkis

A recent jury decision was overturned by an Appellate court after the court determined that the jury may not have been unaffected by media coverage. The case involved a notable psychiatric hospital which caters to wealthy and famous clientele. The lawsuit against the hospital claimed that a patient was subjected to medical malpractice at the treatment center, stated a source.

The case revolved around a patient who committed suicide while staying at the hospital. The woman hung herself in her room after being mistreated by an attending physician, the lawsuit alleges. According to records, the woman was locked in her room and only allowed limited time unsupervised and it was during one of these brief periods when she was alone that the incident took place.

The rep explains that the ruling in the case was called into question when it was noted that during the time the trial was occurring, there was an article written in the New York Times about the event. The jury in Queens had never been instructed to avoid media during the trial and after the article was published, they were never questioned as to whether they had seen the article or been influenced by its content.

Published on: June 28, 2012

The Fund for Injured Infants Evaluated

by Stephen Bilkis

New York governor Cuomo recently attempted to impose limits on medical malpractice lawsuit awards. He was doing this in an attempt to control the state’s health care costs. The measure did not pass and thus there can still be large malpractice awards won in the state of New York.

Arguments made in Nassau and Suffolk in favor of limits on medical malpractice lawsuits usually revolve around curtailing the rapid rise of overall medical costs which are due in part to large monetary awards given in malpractice cases. Opponents of limits say that any limit on a doctor or hospital’s liability greatly reduces their incentive to reduce errors and provide the best possible care, says a source.

Despite the unsuccessful measure which would have limited awards, the governor did manage to enact a fund for infants which were harmed due to medical malpractice. The fund would provide for future medical costs related to the medical errors that lead to further complications and medical expenses. The governor believes that the fund will better provide for the children than a one-time jury award would. The fund would cover increasing medical costs due to inflation and new technologies.

Published on: June 25, 2012

Michigan Doctors Can Now Apologize without Going to Court

by Stephen Bilkis

“I’m sorry” legislation was recently passed in Michigan. The Governor signed the bill that will grant Michigan health care providers protection if they want to apologize for medical errors, indicates a professor. The state Senate unanimously approved the legislation and there was only a lone vote against the measure in the House.

The ‘nay’ voter believes the bill’s protection of physicians erodes civil rights for victims of medical errors.

The Michigan State Medical Society, Michigan Health & Hospital Association and the Michigan Association of Justice all supported the legislation.

Published on: June 19, 2012

Large Dental Chain Sued for Malpractice

by Stephen Bilkis

A Syracuse, NY, area dental clinic is being sued for malpractice, a source learned. At least 10 local families have joined together in the lawsuit that claims their children were subjected to “fraud, battery, malpractice, and negligence.” The suit further alleges that their children were “subjected to root canals, tooth extractions, and fillings while physically restrained in the dental chair and without sedation or general anesthesia.”

The clinic, which is also part of multiple state and federal investigations, has also been accused of Medicaid fraud. It has also recently reached settlements with the states of New York and North Carolina for $2 million and $14 million respectively.

The lawsuit started in Brooklyn and Staten Island alleges that the clinic took advantage of low-income families that were covered by Medicaid. The clinic confirmed to the reporter that the clinic’s staff would convince the parents that their methods of not using anesthesia or sedation were better for the children. It goes on to add that x-rays were either poorly done, or not taken at all.

Published on: June 9, 2012

$7.6 Million Awarded to Paralyzed Teen

by Stephen Bilkis

In 1978, a teenager’s spinal cord was destroyed by medical professionals who were administering radiation to fight thyroid cancer. As a result of the trial that stemmed from a lawsuit the girl filed against the hospital and pertinent staff involved, the jury awarded $7.6 million to her. Most of the payments are going to payoff medical bills that have amassed because of malpractice.

At the time, it was believed to be the single, largest payment awarded in a malpractice suit in the United States.

The 18-year-old expressed thanks when she said that the jury was full of “wonderful people and now I have a chance for my life.”

Published on: May 26, 2012

Medical Malpractice Verdicts for a $250,000 award cap, infuriates Lawyers

by Stephen Bilkis

A sudy claims that capping pain and suffering awards for malpractice lawsuits to $250,000 will be a big mistake for several reasons. $250,000 might seem like a lot of money to some, but to somebody who is suffering from an irreversible, life-changing condition due to a medical mistake, it doesn’t even make a dent in the costs.

“Our lawyers will be hesitant to take on any of these types of cases because we know we will just disappoint our clients,” he said. He recommends a piece written by Eric Turkewitz to sift through the details of these caps pointing out a quote that said “the ideas of Big Government intervention, protectionism and increased costs to taxpayers would be interesting for conservatives to mull over, as it runs contrary to conservative ideology.”

Although the lawyer says he doesn’t completely conquer with the basic idea that malpractice litigation serves as a useful device for improving patient care, he believes it’s almost too unorganized to achieve that, and said that doctors can’t change their practices to fit a system of basically random punishment.

Published on: May 23, 2012

Medical Reviews continue to uncover unnecessary stent procedures

by Stephen Bilkis

A report said Tuesday that hundreds of patients are now filing charges against a hospital for allegedly implanting them with unnecessary heart stents. The report explained that in addition to the more than 90 complaints filed already, six more heart patients filed lawsuits alleging medical malpractice by two former cardiologists at the hospital.

Hospital officials have admitted these stents were likely not medically necessary.

These new sets of lawsuits are separate from a class-action suit that began last week by another attorney on behalf of two other patients who alleged that the implementation of the stents “caused unnecessary battery on the heart patients and violated ethical standards.”

Published on: May 21, 2012

Medicaid Redesign Team makes hasty and uninformed decisions regarding Medical Malpractice lawsuits

by Stephen Bilkis

In an effort to bring 2011-2012 Medicaid costs down without hurting New York’s healthcare, Governor Andrew Cuomo created a Medicaid Redesign Team (MRT) and assigned 23 representatives from the healthcare sector to brainstorm their ideas.

“No patients’ rights representatives were invited to participate in the process, which could be a red flag,” indicated a Lawyer.

He explained that 274 proposals were reviewed by the MRT, which included placing a $250,000 cap on pain and suffering in medical malpractice lawsuits (#131), as well creating a neurologically impaired infant fund (NII). Proposal #131 was favored by the Governor’s Office despite the fact that it will likely deny injured patients and their family’s access to real justice.

Published on: April 10, 2012

Child Dies Due to Medical Negligence

by Stephen Bilkis

A two year old girl has recently died due to medical negligence. She was suffering from serious health problems which were triggered by endosulfan – a pesticide. She died because of medical negligence in a state owned hospital.

The hospital board worked very quickly to investigate the case. They have decided to suspend the doctor while the investigation is ongoing. They decided to take this action due to lots of protests.

The child suffered a reaction to the pesticide and was rushed to the government hospital as her condition seemed to be getting worse. The pediatric expert in the hospital was away on leave, which delayed her treatment.