Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Hurt by a Hospital-Acquired Infection: You May Have Medical Negligence Case Against the Hospital or Nursing Home

Infections transmitted to patients in hospitals and nursing homes can be deadly, and in some instances can be easily prevented. I, unfortunately, had to visit the emergency room at Cape Fear Valley Hospital in Fayetteville, North Carolina; and my wife and I were amazed and disturbed that no less than two “paramedics” did not even use gloves when drawing my blood and inserting or removing my IV line. This is an issue not only regarding the safety of patients, but the safety of the employees, also. Although these employees might have washed their hands before doing their work, they still ran the risk of getting an infection from me (assuming I had something to infect them with).

The larger issue here, though, is that hospital and nursing home acquired infections can be serious and deadly. In some infection cases, a medical negligence claim or lawsuit could be supportable. I recently read about a study published by the New England Journal of Medicine, where 108 hospital Intensive Care Units implemented certain infection prevention procedures, to test the effect on the level of infections in each hospital. The results were pretty amazing: after 15 months, the ICU’s  where these new precautions were taken completely eliminated catheter-based blood infections. If a person is hurt or killed by an infection from a hospital or nursing home stay, an evaluation by an expert in infectious diseases could reveal that the hospital is liable for the injury or wrongful death. A lawyer whose practice includes medical negligence, errors and mistakes cases can find the proper expert to do this analysis and evaluate the case to see if a lawsuit is justified.

Questions that need to be answered when evaluating such a medical negligence case include: what is the type and origin of the pathogen causing the infection?  What is the pathogen’s mode of transmission? Did the health care providers and the facility take proper precautions to prevent the spread of the pathogen/infection? Did the doctors, nurses, nursing home,  hospital or other health care facility recognize the infection type/pathogen and take proper steps to intervene?

Some infections commonly seen in the hospital and nursing home setting include the notorious methicillin-resistant Staphylococcus aureus (MRSA) and vancomycin-resistant venterococci (VRE).  Recently, reports of the antibiotic-resistant “C-diff” infection seem to be on the rise.

I do free medical negligence consultations, and can do so in any of our locations (Wilmington, Raleigh, and Fayetteville). Feel free to contact my office if you believe you have a claim or complaint related to hospital-acquired infection; or a case related to any other kind of harm or death related to medial errors or mistakes.

Jury awards $19.6M to injured baby and mother for injuries during delivery

The title to this blog will take the reader to a story in Newsday online about this recent medical negligence verdict. Cesaerean sections are apparently so common and have been virtually perfected in todays medicine; it is amazing that physicians sometimes ignore the necessity to move forward with performing one in order to avoid this kind of devastating injury. While the verdict amount seems extremely high at first glance, considering what it will take to care for this child, who now suffers from debilitating cerebral palsy, such a verdict is not unreasonable. The high cost of medical care warrants large economic damages in medical malpractice birth injury cases like this. If your child suffered any kind of birth injury or other medical injury during delivery or otherwise, consider having an attorney review your case; particularly if you are struggling financially to give care for the resulting injuries. You may be entitled to compensation. Many cases do not warrant taking legal action, but I can help you make the determination whether legal action is warranted. You can contact my office by calling Toll Free, 888-435-7156. We can arrange to meet for a free consultation in any of our three North Carolina law offices (Fayetteville, Raleigh or Wilmington). 

Some doctors take a reasonable position regarding patients' right to sue

A recent New England Journal of Medicine Article (link attached to title of this blog entry) discusses the dangers of federal "preemption" of state remedies for injuries and death related to defective medical devices. These physician authors acknowledge the importance, for purposes of furthering patient saftey, of preserving the people's right to legal redress for their injuries in the medical context. It's about patient safety, and common sense tells us that accountability is critical to ensure behavior changes where behavior changes are necessary. Sometimes, unfortunately, the reality is that a complaint or lawsuit (through an attorney) is the only way to get fair compensation for a medical mistake. This is true whether one is hurt or killed by medical negligence (surgical mistakes, failure to diagnose, birth injuries, etc.) nursing home abuse or neglect, or other injury or wrongful death situations. The preemption issue involved in this article is about medical devices, but the principles of preemption have been twisted by certain federal agencies during this curent presidential administration. Particularly, the preemption assertion here is that, if the FDA has approved a medical device, a person injured by that device cannot sue under traditional state remedies. The nuances are a bit more complicated, but the gist is that preemption takes away peoples real right to a trial by jury. So, a person injured in North Carolina would not be able to pursue "regular" injury or wrongful death claims through his or her attorney.

Medical Malpractice: More Heparin drug mistakes and overdoses at hospital

The title link will take you to a Wall  street Journal article about the recent Heparin drug overdoses, which were  similar to the Quaid twins' situation;  although with a more tragic result.  Two twins died as a result of the medical /medication error in the most recently reported  case. Hospitals must be vigilant when administering drugs, especially now that the labeling issues associated with Heparin are now well-known. These recent cases seem to be clear cases of careless medicine. It will be interesting  to see whether the hospital will take full responsibility and compensate these familiesfairly; but, more importantly, importantly, it will be interesting to see what, if anything, the hospital will do  to prevent tragedies like this from recurring. this seems to be a case where the threat of legal action will likely motivate some much-needed safety reforms so that medical negligence, mistakes and malpractice can be avoided. If you have experienced a drug or other medical error, feel free to contact my office for help.  Remember, not all bad medical outcomes are the result of medical malpractice; but we can help you sort out your case and make that determination. You can reach my office Toll free at 888-435-7156. If necessary, we can meet prospective clients in Fayetteville, Raleigh or Wilmington North Carolina.

Doctor Alleged to Have Ignored Patient Drug Allergy, Leading to Hospital Death

By North Carolina Medical and Surgical Negligence, Malpractice, Mistakes, and Errors Attorney Thomas W. Pleasant (Fayetteville, Raleigh, Wilmington, North Carolina).The following link, http://www.post-trib.com/news/1111760,hospdeath817.article takes you to a recent Post-Tribune article about a medical malpractice case where the doctor allegedly ignored the drug allergy of the patient. This patient had had a severe reaction to morphine after some prior medical treatment, and the family allegedly told the healthcare providers about this allergy before she went for some fairly routine type back surgery. Despite the warning, morphine was given, and the lady ended up dying as a result of this medical mistake. Time and litigation will have to flesh out what exactly happened, and whether there are legitimate defenses to this medical malpractice claim, but the allegations here smack of negligence, at least on the surface. These are the kinds of situations where a legal claim or lawsuit might be justified. A “family warning” case of a similar nature recently came through my office. In that case, a lady underwent the insertion of a dialysis catheter, by way of her jugular vein. The family warned the surgery center – during the intake session with the nurses at the hospital – that  their mother had weak vessels in her neck area, a possible alternative site for the patient’s dialysis access catheter. Also, the problems with the blood vessels were known by the patient’s nephrologist, or kidney doctor (who was not to be actually performing the catheter insertion). For some reason, neck access for the catheter was attempted, a vessel was punctured, and the patient bled to death. While there is a legal argument that the puncture of the vessel was a known risk of the surgery, that does not mean that the puncture during surgery was within the “standard of care” applicable to the physician. Additionally, the records seem to reflect that nobody on the surgery team noticed the tell-tale signs that this patient was bleeding to death. Noticing the signs of the patient’s hemorrhaging internally would have allowed “converting” the surgical procedure into an “open” procedure, whereby the damage to the vessel could be located and repaired. Interestingly, the surgery center has produced some records, and they do not contain key records previously provided to the patient’s family (record reflecting the details of the “code” situation once the doctors and nurses realized this patient was in a life or death situation). At this point, this kind of possible concealment seems to reflect some serious concern about liability. When medical malpractice lawyers take on cases like this, the proper attitude to take is, of course, the attitude of getting to the truth. But when hospitals, doctors and other health care providers “hide the ball” like this, it hurts everyone. A medical negligence lawyer won’t bring a frivolous lawsuit – to do so jeopardizes the huge sums of money (the costs of the lawsuit) that the attorney risks. But if it is necessary to file a lawsuit or claim in order to even get all the records (via court order, etc.), then it makes it difficult for the lawyer to avoid having to file the lawsuit. This is also instructive in that, if you think you or a loved one has suffered negligence at the hands of a doctor, hospital, nurse or other healthcare provider, and if you are considering taking legal action or filing a legal claim as a result; you should immediately secure the medical records yourself.

Informed Consent in Medical Malpractice Cases May Not Be What You Think

An interesting article about the doctrine of “informed consent” at the link in the heading of this blog is worth taking a look at. In the medical malpractice context, informed consent is not exactly what some clients think it to be. In a case I am working on now, a patient was killed (she bled to death) during surgery. This patient consented to the surgical procedure, for which there certainly were known risks and complications. The complication that occurred was the puncture of a blood vessel. This patient had signed a “consent” form, agreeing to the procedure. The patient’s family, whom I represent, were under the impression that, because this form (presented to the patient at the hospital) was signed by the patient, that any bad result from the surgery was a risk agreed to, and this family was not sure whether they had any legal right to hold accountable the hospital, doctors, nurses and other healthcare providers involved in the surgery. First, “informed consent” generally has nothing to do with the negligent performance of a surgery or other healthcare. Informed consent simply means that the medical provider informed the patient of the possible risks, complications, and bad outcomes that could result from a medical procedure – even if the doctor, nurses, or hospital acts clearly within the standard of care. Informed consent has more to do with whether these risks, complications, and bad outcomes would have caused the patient to decide not to have the procedure. If you have any sort of legal claim (or you think you may have a legal claim) against a doctor, hospital, nurse or other healthcare provider, informed consent could be an issue. I would advise consulting a lawyer who handles cases involving medical errors, medical mistakes and medical malpractice. My office provides free consultations, in many cases with registered nurses, to evaluate your possible medical malpractice legal claim, whether the case involves a wrongful death, or injury. You may contact The Law Offices of Thomas Waitt Pleasant, PLLC toll free to discuss your case. We can meet with you at your convenience, to include meeting at our Fayetteville, Wilmington or Raleigh locations; or we can come to you to discuss your case.

Medical Errors Attorneys and the "Medical Malpractice Crisis" - Read for the Reality

Unfortunately, Medical errors (whether in a hospital, doctor’s office or nursing home) are one of the nation's leading causes of death and injury. The Institute of Medicine reports that as many as 44,000 to 98,000 people die from medical errors and negligence in hospitals in the United States each year. This means that more people die from medical errors than from motor vehicle accidents, breast cancer, or AIDS. (See Agency for Healthcare Research and Quality (2000). 20 Tips to Help Prevent Medical Errors. Patient Fact Sheet (AHRQ Publication No. 00-P038). Rockville, MD: Agency for Healthcare Research and Quality.)

It astounds many people to hear this statistic, and puts fear in some people. The reality, though, is that medical malpractice is a problem. It does no good for people to stick their heads in the sand and ignore the problem. The other reality is that attorneys who handle cases dealing with medical errors, mistakes, negligence and malpractice are necessary. One hears often about a “medical malpractice crisis,” but it appears that the crisis is in the high number of injuries and deaths that occur from errors, mistakes, negligence and malpractice – as opposed to a crisis in the number of lawsuits. Many people complain about attorneys and lawsuits, until they themselves are faced with having been severely injured or hurt; or when a loved one (perhaps one who provides critical economic support to a family) is actually killed by a medical error or negligence or abuse in a nursing home. In that case, often one finds that there is nowhere to turn, as the insurance companies are not willing to face up to the loss and compensate the medical mistake victim or that victim’s family appropriately. A dedicated lawyer is often the only way a wrongful death or injury victim can get a fair result in a medical negligence situation.

Contact my office for a consultation is you have a negligence or wrongful death claim or case against a North Carolina hospital, doctor, nurse, nursing home or other healthcare provider. You can call Toll Free, 888-435-7156. We handle cases throughout North Carolina, and can arrange to meet you anywhere. We have office locations in Raleigh, Fayetteville, and Wilmington, North Carolina.

More information on medical patient safety and medical malpractice is available at:
http://www.ahrq.gov/qual/errorsix.htm
http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cf m
http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm

 

Medical Malpractice Article: "Not Worth the Pain and Suffering" - a Surprise from the Business Community?

A recent Forbes article about medical malpractice lawsuits caught me by surprise. The article is at http://www.forbes.com/business/forbes/2008/0915/034.html and makes a compelling argument against “tort reform.” Specifically, “reform” that limits the amount of money plaintiffs in medical malpractice claims (including, arguably, nursing home abuse and negligence claims). Although North Carolina has not been affected by caps on “non-economic” damages, the threat looms. Coming from a business magazine like Forbes should be encouraging to those who care about the realities involved in cases of medical negligence/mistakes against hospitals, doctors, and other healthcare providers. The reality is that there are many cases where legal action for injury or wrongful death resulting from negligent healthcare is more than justified; and necessary in order to help encourage real “reform” (reform in industries where injuries and death are too commonplace due to negligence, carelessness and indifference). There are many great hospitals, doctors and other healthcare providers out there. But there are some who are incompetent and dangerous. The government has neither the will nor the resources to combat/police the bad and dangerous ones; and civil litigation has been, and will likely continue to be, one of the most effective ways to fight the problems that underlie many medical malpractice lawsuits. Often in these cases, the medical mistake at issue was entirely preventable; but because of “forces” in the industry (money/insurance pressures, e.g.) no solution was ever seriously considered, and certainly not implemented.

For more information on nursing home injury, abuse, neglect and wrongful death, visit http://www.forbes.com/business/forbes/2008/0915/034.html.  More information about medical mistakes, negligence, and errors, see http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm.

If you have a possible claim against a nursing home, doctor, nurse, hospital or other healthcare provider for a medical mistake, error or medical malpractice – anywhere in North Carolina – contact my office for a free consultation.  We can arrange to meet you anywhere in North Carolina, including our Raleigh, Fayetteville and Wilmington locations. I can help you determine whether your claim is valid and worth pursuing.

Cap on Medical Malpractice Damages in Medical Negligence Cases Criticized

By Thomas Pleasant, North Carolina Injury and Wrongful Death Attorney. A western state’s medical negligence law implementing caps on damages in cases involving bad medical care has been criticized recently (see http://www.mercurynews.com/news/ci_10873457?nclick_check=1 ). Caps on damages in these cases, as a practical matter, often leave victims hurt or killed by doctors, hospitals and nurses with little recourse for compensation for their injuries. Medical error attorneys interviewed for this article pointed out, among other things, that they have been forced to stop taking many otherwise legitimate cases; and that the reason that there are so many medical malpractice lawsuits (for injuries and wrongful death) is because there are just so many medical mistakes and errors that rise to the level of medical malpractice.  In any event, it is an interesting read, and deals with what is obviously a hot topic today. The American Association for Justice (AAJ) has some interesting stuff on its website about the myths that have lead the American public to believe that we have a lawsuit crisis. Go to http://www.justice.org/cps/rde/xchg/justice/hs.xsl/2011.htm for that information. If you think you or someone you love has been wrongly hurt or killed by a hospital or doctor, my law firm can help you evaluate your case and figure out whether you have reason to try and get compensation through the judicial system. We handle cases throughout North Carolina involving medical malpractice, negligence and medical mistakes and errors. We also handle nursing home injury, abuse, neglect and wrongful death cases. You can contact my firm Toll Free at 888.435.7156. Visit the other areas of my website at www.pleasantlaw.com.