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Medical Malpractice

Warning: Hospitals May Be Hazardous To Your Health

A Tampa man wakes up after an operation to discover that surgeons amputate the wrong leg. A 4-year-old New York City girl bleeds to death after her tonsils are removed. An 8-year-old boy from Denver dies after his anesthesiologist falls asleep during surgery. Rare instances? Exceptions to the rule? Hardly.

According to a shock-wave government report issued by the Institute of Medicine in 1999, “at least 44,000 people, and perhaps as many as 98,000 people, die in hospitals each year as a result of medical errors that could have been prevented.” That’s more than die of car crashes, breast cancer or AIDS. The cost to society is ballistic: between $17 billion and $29 billion per year, not to mention the incalculable pain and suffering.

How can a crisis like this exist in a country that boasts almost monthly breakthroughs in medical science and spends more per man-woman-child on health care than any nation on the planet? Regrettably, almost eight years after the Institute issued its 1,000-decibel wake-up call to American health care, there is no comprehensive plan in place to check the medical malpractice epidemic.

We do know that malpractice isn’t caused by “bad apples” working in health care. Rather, it is clear to us that faulty systems, processes and conditions are what lead good people to make bad mistakes. We also know that you, the good citizen, must be vigilant when undergoing medical treatment.

Medical Error Red Flags

Medical errors occur when a planned action does not go as intended or the wrong plan was used in the first place. Medical mistakes can happen anywhere in the system, from hospitals and clinics to nursing homes and pharmacies. When reviewing potential malpractice cases, we look for these red flags:

Diagnostic & Treatment
Error or delay in diagnosis
Failure to employ indicated results
Use of outmoded tests or therapy
Failure to act on results of monitoring or testing
Error in the performance of an operation, procedure or test
Error in administering the treatment
Error in the dose or method of using a drug
Avoidable delay in treatment, or in responding to an abnormal test

Preventative & Other
Failure to prevent or respond to infection
Inadequate monitoring or follow-up treatment
Failure of communication
Equipment failure

If you think you – or someone you know – has experienced a medical error, call us. Our attorneys have reviewed hundreds of health care mistakes for possible malpractice.

Survive Your Next Hospital Stay

The Join Commission on Accreditation of Healthcare Organization (JCAHO) urges patients to Speak Up and take a more active role in preventing medical mess ups. Why? Research shows that “squeaky wheels” are more likely to have successful outcomes.

  • Speak up, ask questions, ask again if you don’t understand
  • Pay attention; get the right treatments and medication by the right people, and don’t assume anything!
  • Educate yourself about your diagnosis, medical tests and treatment plan.
  • Ask a family member to be there as your advocate.
  • Know what medications you take and why. Medication errors are the most common health care slip-ups.
  • Use a hospital or other health care organization that has undergone rigorous on-site evaluation.
  • Participate aggressively in all decisions about your treatment.

More Health Care Survival Tips

Medicines

Make sure doctors know everything you are taking, including prescription and over-the-counter drugs, vitamins and herbs. Mention any past allergies or adverse reactions. And make sure you can read your doctor’s prescription … because if you can’t, chances are the pharmacist can’t either!

Hospital Stays

Check on a hospital before checking in. If you can, choose a hospital and surgeon with a proven track record in the procedure you need. Ask anyone who has physical contact with you if they have washed their hands. And at discharge, make sure you understand your home treatment plan.

Surgeries

You’re the quarterback of your own healthcare team. So make sure your doctor and your surgeon have the same game plan. Ask if your surgeon will perform the entire operation, and ask if there are options to surgery.