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Medical Malpractice

By seeking care, the patient enters into an agreement with the medical establishment. This agreement assumes that the doctor, the staff, and the hospital that house the doctor will treat the patient to the best of their ability and will use their knowledge to provide safe and competent care. This agreement to care for the patient means that you, as a patient, have the right to carefully managed treatment. Medical caregivers must be diligent in their efforts to treat and cure you, as any mistakes or carelessness on their part can lead to serious complications or death.

The doctor and medical staff treating you are not the only people responsible for your care. The hospital has the responsibility of ensuring that the physicians, nurses, and any other employees perform their jobs without causing harm. It is the hospital’s duty to hold its staff accountable for their actions and to remove any staff member found to be performing his duties below an acceptable level.

Sometimes, errors do happen. Doctors are there to help heal the wounded and cure the ill. The number one rule of medicine is first “do no harm”. However, the individual treating you may make a mistake or become careless. This lack of competent care can have devastating effects on the patient. When a mistake occurs, it is the patient and their family who pay the price. The price of being a victim of medical malpractice is not only the dollar amount needed for additional care, missed work, or necessary medical equipment. The mental health of a wronged patient may suffer as well. Family members who assume the care for the maltreated patient must rearrange their lives and shoulder an unnecessary burden.

The firm has obtained sizeable verdicts and settlements on behalf of victims of medical malpractice: Cases in point: $27.6 million dollar verdict for family of infant injured during delivery (largest medical malpractice verdict in Kentucky, to date); $10.6 million dollar verdict for family of infant injured during multiple failed attempts to deliver; $5.7 million dollar verdict for family of infant which suffered brain damage as a result of improper anesthesia (largest medical malpractice verdict in Kentucky at the time); $10 million dollar settlement for patient injured in hospital.

There are many types of medical malpractice cases and they can occur in every sector of the medical community. Below are examples in which errors on the part of the medical community can have catastrophic effects on the patient.

Birth Injuries

The birth of a child should be a beautiful moment. At its best, this moment is full of joy and beauty. At its worst, it can have lifelong repercussions that forever change the child and her family. Here are a few problems associated with birth.

Cerebral Palsy

Cerebral palsy has lifelong effects on a child. Cerebral palsy occurs when the brain has been damaged in some way. The brain can be affected when it has not formed properly or when neurological damages affect a baby’s developing brain. Either cause of brain damage can result in a child being diagnosed with cerebral palsy.

Lack of adequate oxygen, also called asphyxia, can cause long term permanent brain damage. While not all infants who suffer from asphyxia at birth have permanent brain damage, the risk of cerebral palsy increases dramatically when it occurs. If a child’s Apgar score is less than three at 20 minutes, that child is 250 times more likely to suffer from cerebral palsy. A low Apgar score indicates that the child has suffered from a severe lack of oxygen. There are times when the negligence of a physician may cause a child to go without air for too long, causing irreparable damage to the infant’s brain. Sometimes, doctors use forceps or vacuum extractors to deliver babies. A child, due to preventable mistakes made at delivery, may be permanently disabled.

Shoulder Dystocia

Shoulder dystocia occurs when the head of a baby has been delivered while one shoulder will not deliver. This can cause the infant to become lodged in the birth canal. This is a frightening and potentially dangerous situation for both the infant and the mother. Unless the baby is extracted quickly and efficiently the baby is at risk for many serious complications. Complications for the infant include severe asphyxia, clavicle fracture, fracture of the humerus and, in the worst case, death. Though it can be extremely difficult for a doctor or midwife to predict shoulder dystocia, their actions when it occurs can mean life or death, disability or full health.

Failure to Diagnose

The failure to diagnose any disease or condition can be dangerous. Depending on the condition, it may be deadly. If the physician is truly listening to the patient and takes the time to put all the facts of his case together, an accurate diagnosis can be made. There are many conditions whose seriousness necessitates a timely and accurate diagnosis. Some such conditions include:

Cancer

When caught and treated early, cancers, from breast cancer to colon cancer, can be more effectively managed and controlled. When, however, cancer is not diagnosed, despite the fact that the patient has sought medical care, the cancer may have progressed and the prognosis may be more serious. Early detection of cancer is key to increasing survival rates. It is a doctor’s responsibility to listen to the concerns of the patient and to follow the symptoms carefully, taking every precaution and using appropriate tests to help make a proper diagnosis.

Diabetes

One in 47 people who have diabetes are not diagnosed. Undiagnosed diabetes can lead to heart disease, stroke, loss of sight and possible amputation of an extremity, or death. This serious condition is also being grossly undiagnosed in children. The rate of overweight children with type 2 diabetes has risen in recent years. However, this serious disease is still being under diagnosed.

Stroke

Strokes are serious and potentially dangerous events. In the United States alone, over 700,000 people suffer a new or reoccurring attack. Over 150,000 of these people will die. This makes stroke the third leading cause of death in adults. Often, people have been undiagnosed when they suffer a Transient Ischemic Attack (TIA). Though these attacks may have no permanent damage they can be precursors to a major event, yet may be overlooked by doctors. This puts the patient at serious risk for a second and more deadly stroke. The more serious attack could have been prevented if only a doctor would have fully evaluated the patient and recognized the TIA when it occurred.

Medication Errors

When a doctor writes a prescription the patient believes that it has been chosen carefully. He assumes that the doctor has taken into account every bit of medical history, has prescribed the correct dosage and that it will not react badly with other medications. However, this is not always the case. Frequently the prescription is not appropriate and annually 1.5 million people suffer as a result. There are many causes of medication errors. Sometimes, the prescription is written sloppily or a similarly named prescription is given instead of the intended medication. Often times the pharmacy incorrectly fills the prescription.

Anesthesia Errors

Many surgeries require general anesthesia. When an error is made in administering anesthesia the consequences can be devastating. Most errors arise from one of the following factors: the technique used to apply the anesthesia is incorrect, the amount used is inappropriate, or the monitoring of the patient is inadequate. The anesthesiologist is responsible for the well being of the patient during surgery and any errors can lead to lifelong impairment or death. Some of the more severe complications associated with general anesthesia are brain damage or death.

Hospital Negligence

People go to the hospital when they are in need of serious medical care. One might wonder what could be safer or more secure than a hospital. Unfortunately, hospitals can be more dangerous than expected. In 2003, over 195,000 people died as a result of hospital negligence. There are many preventable mistakes occurring in hospitals that put the lives of those seeking medical care at risk.

Failure to Monitor

Understaffing of hospitals is a major problem in the United States. This understaffing can lead to many problems. One of the most serious is the failure to monitor a patient. Monitoring devices are only as reliable as the people meant to watch and react to their alerts. If the staff does not closely monitor a patient, then a small problem may turn tragic. This can be especially true in the post-operative stage as the patient is in a delicate state and their recovery is dependent on the thoroughness of their care during this critical time. In addition to physically monitoring a patient, hospital staff must pay close attention to any medications needed. These medications must be monitored to ensure that the patient does not have a reaction to the medication, that the medication is given in the proper dosage, and that any new medications are suitable to use with prior medications.

Medication Mistakes

Proper medication, in proper doses, can be a lifesaver. However, when given improperly it can have devastating effects. In a hospital, this problem is compounded by the sheer number of patients and their high turnover rate. Prescription drug mistakes can happen in any patient/doctor relationship. In a hospital setting, however, the patient’s ambiguity increases their frequency. Over 400,000 preventable drug-related injuries occur in hospitals each year.

Chart Mix-ups

A person’s medical chart contains vital information concerning his or her medical history. In the best case scenario, its proper use allows a doctor to assess a patient's needs and to take the action best suited to the individual. In the worst case scenario, a chart mix-up can result in debilitation or death. Chart mix-ups occur when either a chart of one patient is unintentionally switched with that of another, or when pages or portions of the record are misplaced or put into the wrong chart. In addition, doctors may make mistakes when entering information. Any of these mistakes can have serious consequences.

Falls

Many patients in a hospital setting have limited mobility. Others may be taking a medication that renders them unable to walk unassisted. In these cases, it is the responsibility of hospital staff to ensure that the patient makes it safely in and out of bed and to the restroom. Often, a patient is unable to summon a staff member when one is needed. A patient may, though their mobility is compromised, attempt to walk from their bed to another location. This walk can be dangerous as falls are one of the most common hospital accidents. These falls can add to a patient's time in the hospital and may drastically increase the cost of their stay. The vast majority of falls may be prevented by more diligent care.

Security

The lack of a proper security system in a hospital setting can have catastrophic results. The high profile cases of infants being stolen from maternity wards and violence in emergency rooms speaks to the need for better security in hospitals. Many have weak security, which may allow people into the hospital that may put its occupants at risk. It is the duty of the hospital to have in place a security system that protects both its patients and its staff.

Wrongful Death

In the most extreme cases of medical malpractice, loss of human life occurs, which forever impacts the lives of the surviving family members and friends who are left behind. Yet, often, grief impacts the reasoning abilities of these very people and the truth is never fully realized.

In the medical field, wrongful death is any death caused by negligence on the part of the medical establishment. It is imperative that the survivors of this tragedy investigate the possibility that a mistake was made. By enlisting the help of the legal professionals at Franklin Gray & White, ordinary people can understand how negligence has affected their lives and how to secure justice for their own suffering and, at the same time, stand up for the lost loved one.

If you suspect that you or a loved one is a victim of medical negligence please call Franklin Gray & White for a FREE CONSULTATION at 1-502-637-6000 / 1-800-637-6033 (toll free) or email mwhite@franklingrayandwhite.com.

Franklin Gray & White

1- 502-637-6000 or 1-800-637-6033 (toll free)

mwhite@franklingrayandwhite.com

Library for Medical Malpractice:

Cerebral Palsy Diagnosis and Treatment
Description: Information on cerebral palsy including symptoms, diagnosis, treatment and future outlook for children diagnosed with cp

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