Misdiagnosis

Published on: July 17, 2012

Lawyer-Doctor Feud Boils Then Backfires

by Stephen Bilkis

Lawyers and Doctors have never had the best of relationships. While both are professional careers, the two often find themselves on opposing sides. An expert explains that lawyers do not trust doctors. This feud has been going on for a very long time and the Lawyers are always very cautious about what the doctors are actually doing.

Some people believe that doctors tried to hand pick judges which would be tough on medical malpractice cases. It has been suggested that the doctors were trying to find a judge who would be kind to the hospitals and doctors. Although the doctors argued that this wasn’t the cause, there is no proof either way.

The doctors made it possible to interview the candidates for the position without anyone else realizing what was happening. This was hoped to make it more difficult for any lawyer to sue hospitals and doctors for malpractice cases.

Published on: July 5, 2012

The Feres Doctrine Examined

by Stephen Bilkis

In medical malpracticecases involving military medical personal, there is a separate law that that limits the doctors’ and hospitals’ liabilities. The act, known as the Feres Doctrine, was originally intended to limit the government’s liability for injuries which occurred in the line of duty, explains a doctor.

The Doctrine, while originally intended to limit lawsuits from wounded soldiers, was written in such a way that it has since been expanded to include injuries which are the result of malpractice at military hospitals and clinics. This has prevented numerous lawsuits against the government which would likely be brought against private physicians in similar circumstances. The Doctrine has undoubtedly saved the government billions of dollars in malpractice awards since it was enacted in the late 1960’s.

Arguments for the Doctrine claim that removing it would place a higher reward on injuries due to medical malpractice, potentially millions of dollars, than similar injuries which are the result of battle and that the cost to the government would be significant. Arguments against the Doctrine include claims that subjecting hospitals and doctors to liability encourages them to reduce the number of errors and improves overall care. Both sides have numerous supporters. The Doctrine has been addressed in several trials over the past six decades, but it has thus far stood up to criticisms.

Published on: June 14, 2012

Misdiagnosis Lead to Additional Pain and Suffering

by Stephen Bilkis

A 54-year old man had to endure increased pain and suffering due to a medical misdiagnosis, sources have told a reporter. The man had gone in for a relatively routine procedure, an Epidural Spinal Injection (ESI). These procedures have become somewhat commonplace in recent years. The procedure involves the delivery of steroids directly into the epidural space in the spine by means of an injection. The patient usually receives a local anesthetic before the injection, and the area surrounding the injection location is thoroughly disinfected.

The problem with this man’s case is that several days after he received the injection, he was in the emergency room (ER) with a temperature in excess of 101 degrees, and complaining of severe headache and the loss of bladder and bowel control. He was given one dose of antibiotics by the ER physician, and an attending neurosurgeon later discontinued the antibiotics and replaced this with a treatment of steroids. The patient remained in the hospital for four days. During this time, he was not given any more antibiotics, and was sent home after being diagnosed with arachnoiditis.

As more time would pass, the man’s pain did not diminish; rather it continued to get worse. His experience with the loss of bladder and bowel control had also progressed. A source was also told that the man returned to the ER where he was readmitted. This time, however, the man was correctly diagnosed as having contracted bacterial meningitis. When diagnosed in its early stages, bacterial meningitis is treatable.

Published on: June 11, 2012

Temporary Doctor Fired Due to Incompetency

by Stephen Bilkis

A doctor who was in the United Kingdom (UK) serving as a LOCUM, or temporary, doctor was struck down for being both incompetent and dangerous. The Italian doctor had been booked as a LOCUM doctor in July 2008 through an agency as a locum Senior House Officer (SHO) for general surgery.

This strike down is the result of a lengthy investigation by the General Medical Council (GMC) that regulates doctors in the UK. The GMC heard from many medical professionals as they gave their accounts of the doctor’s medical competency, or the lack thereof. One of those testified that they had never seen anyone perform so poorly even at the undergraduate level. Another stated that the doctor did not even know the proper technique to ‘scrub up.’ The term ‘scrub up,’ refers to the thorough washing that surgeons do before they perform an operation.

Reports indicate that this doctor was so bad that he was not aware of common medical reporting procedures, and even some of the medical terminology that is understood even by non-medical hospital staff members. As an example, officials confirmed to a reporter, that the doctor thought that a ‘crash’ call referred to a car crash. In medical terminology, a crash call refers to a patient being in cardiac arrest.

Published on: May 31, 2012

Attorney Gets $10 Million for Client in Philadelphia

by Stephen Bilkis

A Philadelphia attorney won a big case for a client in a case of misdiagnosis.

A Scranton lawyer was able to obtain a $10 million award for a 60-year-old man who as misdiagnosed with a fatal neuromuscular disease. The doctor in question was a noticed expert on ALS.

The attorney in this case, who has a brother in the U.S. Senate, represented the 60-year-old man in a two-week trial at Philadelphia Common Pleas Court. According to the suit, the client will have to spend the rest of his life in a wheelchair, due to the misdiagnosis.

Published on: May 19, 2012

Runaway physician faces multiple health care fraud and malpractice charges

by Stephen Bilkis

A source alleges that Dr. Max Weinberger faces serious charges after his five-year flee to Italy including health care fraud and medical malpractice.

“One major charge includes his failure to diagnose a patient with lung cancer after treating her for many years and performing what her family calls ‘unnecessary surgeries,” said a source. “The woman died subsequently,” they added and said the civil trial will determine whether or not the physician is guilty of negligence in the case.

An arguing attorney for Mark Weinberger said that several other doctors, who treated the woman, had also failed to identify the disease that killed her.

Published on: May 13, 2012

Grieving husband feels heard at last by court systems

by Stephen Bilkis

Friends explained how a man finally feels heard, after many years of complaints. His wife had committed suicide while under the care of a psychiatrist.

The man claimed he had called her psychiatrist more than eight times to explain his wife was suicidal from the antidepressants that were prescribed by the doctor. Sources confirm the doctor repeatedly ignored these phone calls.

A Lawyer said the reason the man is being heard now versus before is a legislative committee is reviewing a bill regarding medical malpracticesuits that makes the process easier. This bill, he explained, will “make it more difficult for judges to dismiss these types of cases so easily.”

Published on: May 3, 2012

Doctors ordering fewer tests in light of med mal reform is a myth

by Stephen Bilkis

If you’ve heard it once, you’ve likely heard it more than that – medical malpractice reform, also referred to as tort reform – would make medical professionals order fewer tests.

Well, that’s interesting, as the other school of thought is that it would make them order more to cover themselves. It seems the truth may lie somewhere in the middle and if it comes right down to it, the truth may be solely based on what an individual doctor would do on their own, not what the whole profession may or may not do.

One of the most argued points of view, when it comes to med mal reform, is that medical health professionals would react by ordering fewer tests, because patients could only get a limited or capped amount in a med mal lawsuit. What that says about a doctors thought process is frightening. However, this may not be the case, as a recent study by the University of Iowa indicated. A study was also done in New York City and Westchester County. It reveals that cutting med mal costs won’t make doctors less concerned about being sued and it won’t necessarily mean they order fewer tests either.

Published on: February 13, 2012

Cancer Patient Awarded Compensation for Negligence

by Stephen Bilkis

A 31 year old woman diagnosed with cancer has recently been awarded compensation for medical negligence as indicated by a judge. The suit was filed against NHS healthcare trusts for failing to screen the cancer test successfully. This has been a very high profile case which has drawn attention from all around the world.

The patient alleges that the hospital trusts in Glasgow and Clyde made mistakes when the smear test report was analyzed. She attended regular smear tests, and in 2005 one showed no signs of cancer at any stage. However, in 2008 another smear test was conducted in Geneva which showed the patient was suffering from cervix cancer.

The cervix cancer was at a very advanced stage. This means that the test in 2005 should have shown the early signs of cancer. If it was detected at this stage then the treatment options would have been much less complicated and invasive. The delay in detecting and treating the cancer also exposed the patient to a risk of the cancer spreading; fortunately in this case it doesn’t seem to of happened.

Published on: January 26, 2012

$3 million settlement ordered in medical malpractice case

by Stephen Bilkis

An eighteen year old girl has suffered all her life due to a doctor’s negligence, and finally will receive some recompense. Her doctor has been ordered to pay the family three million dollars for the injuries he caused. The young girl has many health issues, including cerebral palsy, explains an expert . The money will cover past, present, and future medical expenses that the family will incur, as well as pain and suffering and rehabilitation.

When the girl’s mother went into labor, the doctor was called to the hospital to perform a Caesarian Section. It took the physician three to four hours to respond to the call and start surgery. This delay, believes experts and friends, is what caused the problems that the girl has faced for 18 years. The compression of the umbilical cord resulted in “fetal asphyxia”. It is against hospital policy for the doctor and the midwife to be off the premises for several hours at the same time. One should have remained at the hospital. The midwife was also charged and brought to trial, but found not responsible for the malpractice injuries the girl suffered.

The physician claims that the mother’s obesity or genetics are to blame for her daughter’s condition, but the jury found otherwise. According to court documents, the doctor found no signs of umbilical cord compression. The physician and his attorney refused to comment to a reporter about the verdict. The doctor’s malpractice insurance will cover $2 million, and he will most likely be responsible for the remainder. Hospitals in New York City and Westchester are studying this case.