The Joint Commission has required doctors and nurses to follow the "universal protocol" since 2004 in effort to prevent surgical errors. The protocol is a short checklist conducted before surgery during which the body part to be operated on is identified and marked, and then a time-out is taken right before the operation to ensure accuracy.
]]> But wrong-site surgical errors won't seem to go away. An article from Kaiser Health News said that patient-safety experts cannot pinpoint the exact reason for wrong-site surgical errors, but they believe increased time pressures on health care workers and doctors' belief that they are immune from error are both to blame.Another problem that appears flagrant in hospitals is infection. Commonly, it is accepted among hospitals that a small percentage of intensive-care patients will end up with infections after receiving a tube, catheter or ventilator for more than a couple days.
However, another checklist has been introduced that reduced bloodstream infections by 90 percent at Johns Hopkins in the hospital's intensive care unit, which in some cases brought the infection rate down to zero.
The simple checklist involves five steps: wash hands; clean the patient's skin with antiseptic; put a sterile draping over the patient; wear a mask, hat, sterile gown, and gloves; and put a sterile dressing over the insertion site once the tube is in.
Hopefully, this new checklist will do away with bloodstream infections resulting from tube, catheter or ventilator insertions. However, similar to the checklist aimed at preventing wrong-site surgeries, hospital staff members must take the time to make patient safety a priority in order for it to work.
Source: Kaiser Health News, "Doctor, Did You Check Your Checklist?" Bara Vaida, Jan. 30, 2012
]]>This shocking statistic has been around for years, yet it appears that medical mistakes are still rampant in hospitals nationwide. The federal government reported that in 2010, approximately 15,000 Medicare patients died per month as a result of medical errors and malpractice.
]]> This makes negligent hospital care one of the leading causes of death in America, right behind heart disease and cancer. The most troubling part of all of this is that the deaths are preventable.A recent article in Kaiser Health News suggested that a number of factors contribute to the persistence of medical malpractice. One problem lies with the way hospitals are structured. They are hierarchical organizations that are resistant to change, the article said.
Another problem is that hospitals are secretive with the data regarding errors and the effects on patients. Many hospitals have taken steps to improve patient safety in the past several years, but even rules requiring hand washing have taken a long time to stick, the article explained.
One persistent error that seemingly won't go away in United States hospitals is wrong-site surgeries. The Joint Commission, an organization that accredits American hospitals, estimates that wrong-site surgeries occur as often as 40 times per week in American hospitals and clinics.
Please check back later this week for more on wrong-site surgeries and the reasons hospital errors persist in American hospitals.
Source: Kaiser Health News, "Doctor, Did You Check Your Checklist?" Bara Vaida, Jan. 30, 2012
]]>The woman reportedly now suffers from short gut syndrome after other surgeons were required to remove all but a couple feet of her small intestine because of a dangerous congenital condition.
]]> The woman was just 21 when she was admitted to the hospital on June 5, 2003, complaining of abdominal pains. Her first surgeon initially made plans to operate early the next day, but then postponed the procedure and left town for the weekend.The woman's condition continued to worsen, and doctors left in charge feared that she could die without an operation. Emergency surgery was performed, and it was discovered that the woman had ischemic bowel disease, which required the removal of most of her small intestine.
Doctors found that the woman suffered from a congenital blood clotting disorder that had shut off the flow of blood to and from her bowel, causing it to die. The original surgeon concluded that the woman had a kidney infection, but failed to realize how serious her condition was.
The woman, who once worked as a special education teacher, told the court that she would not have suffered such serious damages if the surgery had been performed right away. She said she is unable to obtain proper nutrition by eating, as food passes through her stomach in 30 minutes, instead of the six to eight hours it takes most people.
After a four day trial, the jury agreed that the surgeon had committed malpractice by putting off the surgery.
Source: News and Tribune, "Jury awards $1.5 million in medical malpractice suit," Matt Thacker, Jan. 20, 2012
]]>Take the case of the 7-year-old boy who lost his vision and nearly lost his life after his doctor allegedly missed signs of bacterial meningitis. In the wake of the tragedy, the boy's family has brought a medical malpractice suit against the doctor for damages.
]]> According to court papers, the boy's parents brought him to the hospital and his pediatrician diagnosed his symptoms as an ear infection. When the boy's condition didn't improve, his parents reportedly called the doctor's office and were told that there was "nothing they could do" because he was "just there."The boy's attorney said that the pediatrician missed a serious red flag: a severe headache. He said that this is a symptom of bacterial meningitis, a deadly bacterial infection that causes membranes covering the brain and spinal cord to inflame.
The next day, the boy was found unconscious and was rushed to the hospital, where he spent weeks in a coma. Doctors there determined that the boy had bacterial meningitis, which is critical to be diagnosed and treated immediately, according to the Centers for Disease Control and Prevention.
Thankfully, the boy survived, but not without a fight and serious injuries. The lawsuit states that the boy suffered systemic bacterial infection, fever, respiratory failure, impaired speech, impaired hearing, seizures and brain damage resulting from the illness.
Because of these injuries, the boy had to learn to talk, eat and walk all over again, according to the complaint. Hopefully, the personal injury lawsuit will help compensate the boy and his family for what they have been through.
Source: Hartford Courant, "Lawsuit Charges That Tolland Boy Lost His Eyesight After Doctor Failed To Diagnose Meningitis," Denise Buffa, Jan. 17, 2012
]]>Information on sleep apnea from the Federal Motor Carrier Safety Administration's web page details the dangers of sleep apnea. The condition causes the afflicted person to have periods of shallow breathing or a pause in breathing while sleeping. Disturbance in sleep then leads to drowsiness during the day, which is very dangerous when paired with tractor trailers.
]]> At a public meeting of the Motor Carrier Safety Advisory Committee and the Medical Review Board, a proposal was developed to prevent sleep apnea from causing trucking accidents. The proposal includes the disqualification of a driver who falls asleep at the wheel or is involved in a crash because the driver is tired.The truckers would also have to pass a sleep apnea screening test. However, the proposal would allow the driver to have a 60-day conditional card while he or she is being evaluated or getting treatment for sleep apnea.
The executive vice president of the Owner-Operator Independent Drivers Association stated that accidents caused by tired drivers most likely result because they have not been able to get restorative sleep, rather than a sleep apnea condition. However, officials pointed out that sleep apnea can be the reason for lack of sleep.
The executive vice president also stated that sleep apnea doesn't cause many trucking accidents, but a woman who was hit by a trucker diagnosed with severe sleep apnea doesn't agree. She was with her family in the car when she was rear-ended by a trucker, resulting in her husband being killed.
What do you think? Should more be done to detect sleep apnea in truck drivers?
Source: The Huffington Post, "Sleep Apnea In Truck Drivers: Advisory Panels Recommend Screening For Condition In Obese Drivers," Dec. 19, 2011
]]>Recently, the Louisville Courier-Journal reported that the Louisville Metro Government paid out $150,000 this month in seven personal injury claims brought by people who were injured in the 2009 zoo train derailment.
]]> The accident occurred at the Louisville Zoo and left 22 people injured. According to a report by the Kentucky Department of Agriculture, too much speed, mechanical problems and an inadequately trained operator were all factors in the crash.The zoo was fined $37,000 by the state for a total of six violations that were found to have caused the train accident on June 1, 2009. Because the city oversees the zoo, it was faced with numerous personal injury lawsuits following the accident.
The Louisville Courier-Journal reported that the city has spent more than $525,000 so far in 23 settlements with accident victims. It was reported that there are also six more claims pending, which are expected to me mediated for settlement later this month.
At the time of the crash, there were 29 passengers on board the zoo's green narrow-gauge, open-air train.
One Louisville resident who was injured in the crash said he has gone through numerous surgeries after being pinned under the train when it flipped on its side. The man said the surgeries have cost him more than $350,000 and that he may eventually lose one of his legs.
This is the purpose of personal injury lawsuits, to compensate people who have been severely injured in accidents that were no fault of their own.
Source: Louisville Courier-Journal, "City settles more lawsuits over Louisville Zoo train derailment," Jason Riley, Jan. 15, 2012
]]>However, problems such as paralysis and death are some of the complications being linked to the increased use of epidurals, which has prompted the Food and Drug Administration to review safety guidelines for the steroid injections.
]]> Making things more complicated are the billions of dollars tied to the epidural industry. The pain market is estimated at $300 billion per year, and that growth reflects the rising in expenditures for pain treatments of all kinds.Two events, including the aging population being prone to back and neck pain as well as high reimbursements for injections, are believed to be the reason behind the rise in treatments. Both Medicare and private health insurers offer profitable reimbursements to doctors administering epidural shots, which only take a few minutes to administer.
At the moment no drugs, including steroid injections, have a comprehensive system of record keeping that monitors complications or side effects. Even though manufacturers are required by the FDA to report harmful side effects as soon as they are known, there are no such obligations placed on healthcare professionals.
This year, the North American Spine Society issued a recommendation stating no more than four cervical epidural shots should be administered during a six-month period. However, they believe it wouldn't be appropriate to set an absolute limit because it may cause harsh restrictions on patients who are already receiving reasonable and necessary care.
Ultimately, it is possible that the serious complications relating to epidurals could lead to many medical malpractice lawsuits throughout the country. If you or someone you love has been left paralyzed or disabled following a steroid shot, talk to an experienced personal injury attorney in your area right away.
Source: Businessweek, "Epidurals Linked to Paralysis Seen With $300 Billion Pain Market," Jan. 4, 2012
]]>Novartis AG released a statement about the recall on Sunday, saying that the manufacturing defect occurred at a plant in the United States and involved drugs sold around the country. The potentially dangerous products are Excedrin, NoDoz, Bufferin and Gas-X Prevention, the company said.
]]> "[Novartis] is taking this action as a precautionary measure because the products may contain stray tablets, capsules or caplets from other Novartis products or contain broken or chipped tablets," the company's statement said.This could potentially be very dangerous to consumers as they may ingest a drug that causes an overdose or an allergic reaction, the company admitted.
"Mixing of different products in the same bottle could result in consumers taking the incorrect product and receiving a higher or lower strength than intended or receiving an unintended ingredient," the company said.
Ingesting an unintended ingredient could result in an overdose when the ingredient is combined with another medication, or an allergic reaction if the consumer has an allergy to the unintended ingredient.
Novartis said that it has not received any reports of people suffering these harmful effects from the defective drugs as of late. However, it is certainly possible that the company could face civil liability if consumers are seriously injured.
In its statement, the company said that the plant where the malfunction occurred was shut down last month and will likely reopen after improvements are made.
Source: The Pioneer Press, "Novartis recalls Excedrin, NoDoz, Bufferin, Gas-X Prevention over reports of plant malfunction," Jan. 9, 2012
]]>Luckily for one patient who was accidently given a paralytic instead of spinal anesthesia before surgery, there don't appear to be any permanent damages. This week, it was reported that a nurse anesthetist at a Minneapolis hospital accidentally administered the erroneous dose to the female patient while preparing her for surgery.
]]> Reportedly, the patient, who was conscious and lightly sedated at the time, told state investigators in a Department of Health report that she "felt unable to breathe." Typically, a paralytic is given to surgical patients who are already deeply sedated after receiving receive general anesthesia, the report said.Receiving a paralytic can be quite scary to a patient who is at all conscious. Apparently, after the accident was discovered, the surgical staff gave the patient general anesthesia instead of their initial plan to use a spinal anesthesia.
According to the Department of Health's report, the patient's vital signs never went out of the acceptable range. The hospital was reportedly not cited for the error.
However, this incident should not be taken lightly. Anesthesia is something that needs to be monitored very closely, and can cause nerve damage or even death if crucial mistakes are made. Hopefully this hospital acknowledges the error and works to prevent something like this from happening in the future.
Source: Outpatient Surgery, "Patient Accidentally Dosed With Paralytic," Jan. 5, 2012
]]>According to new reports, "distracted doctoring" is a serious issue that could result in medical malpractice. For example, a recent article in The New York Times cited a poll finding that half of hospital technicians admitted to texting while operating bypass machines.
]]> Not only that, the article gave examples of a neurosurgeon who made personal calls on his cellphone during an operation and a surgical nurse who checked airfares during surgery.The use of electronic devises in hospitals and doctors' offices started off as a way to ward off error by allowing medical staff to have immediate access to patient information, drug information and medical research.
However, a dangerous side effect is that medical staff is less focused on the patient and more focused on the gadgets. Instead of making medical records as was intended, medical staff are surfing the Internet or checking Facebook, the New York Times reported.
Hospitals and medical schools are reportedly dealing with the issue by limiting hand-held devises during critical procedures and reminding doctors-in-training of the importance of focusing all attention on the patient.
At this point, there is little research on the topic, but it is beginning to emerge. In 2011, a medical journal about cardio-pulmonary bypass surgery, called Perfusion, published a peer-reviewed survey of 439 medical technicians and the results were alarming.
It showed that 55 percent of technicians who monitor bypass machines admitted to talking on cellphones during heart surgery, and 50 percent admitting to texting during surgery.
This information should be extremely troubling for patients and hospitals alike. Of course, patients don't want to put their lives in the hands of someone who is distracted. But hospitals could also face serious medical malpractice lawsuits if this distraction led to mistakes.
Source: The New York Times, "As Doctors Use More Devices, Potential for Distraction Grows," Matt Richtel, Dec. 14, 2011
]]>Recently, a Tennessee delivery doctor was accused of obstetric malpractice in a lawsuit filed by a mother on behalf of her son. The baby, who is now a toddler, was born June 13, 2009 and had an irregular heartbeat along with gasping breaths.
]]> Even though the newborn baby was fighting for his life, the doctor assumed that the baby would not live and put him in a plastic bin on the counter "until the family could decide what to do with the body," the lawsuit alleges.A few hours later, a nurse walking by noticed that the baby was still gasping for breath. The baby was resuscitated and transferred to a medical center where he spent his next three months undergoing specialized care.
According to the lawsuit, the doctor did not call a pediatrician or anyone else to help resuscitate the infant as he should have. It also alleges that the baby should have been sent to the neonatal intensive care unit immediately, instead of being left for dead.
Ultimately, the lawsuit states that the delivering doctor negligently made the decision that the baby would not live on his own, and because of his negligent actions, the baby suffered from several injuries, including a brain injury.
According to records, the doctor did not have any previous malpractice claims against him, nor did he have any violations listed. The doctor's license expired in May 2011 and he no longer works at the Tennessee hospital where this unfortunate event took place.
Source: The Tennessean, "Lawsuit claims Robertson doctor neglected newborn," Brandon Gee, Dec. 22, 2011
]]>The Courier-Journal reported that the CPSC recently renewed its warning not to use Bumbo Baby Seats on elevated surfaces or a baby could end up with a skull fracture or other head injury after falling out onto hard surfaces.
The safety commission stated in an advisory to parents and caretakers that children as young as 3-months-old have fallen out of the Bumbo seats "by arching backward, leaning forward or sideways, or rocking."
]]> The advisory, which was joined by the manufacturer of the product, Bumbo International Trust of South Africa, warns parents not to place children in the seats on elevated surfaces like tables, countertops or chairs.It also warns that some children have also been injured after falling out of the seat at ground level. This is why the coordinator of Safe Kids Louisville and Jefferson County said that parents should keep a close eye on children in the seats at all times.
"This (product) is something that was developed for children that are barely starting to sit up with their heads unsupported," said the coordinator, who is also a registered nurse. "These children in no way need to be left alone."
In 2007, some of the Bumbo seats were recalled due to inadequate warning labels. After placing new warning labels on the product, there have been at least 45 new cases of infants falling out of Bumbo seats placed on elevated areas.
Additionally, there have been at least 50 reports of infants falling or escaping from the seats while they were being used on the floor or at unknown elevations, the CPSC advisory stated. These incidents included two reported skull fractures and a concussion.
Source: Louisville Courier-Journal, "Healthy Kids | Agency renews warning on Bumbo Baby Seat," Dana Carter, Dec. 21, 2011
]]>The lawsuit blames the oral surgeon and anesthesiologist for negligently handling the complications by failing to resuscitate their patient when her heart rate and oxygen level dipped to a dangerous level, according to court papers filed in a Maryland Circuit Court.
]]> Spokespeople for the family remarked about how the risks associated with the surgery must be more openly discussed, and the need for emergency training requirements for all surgeons and dentists. It's their belief that the teen would have survived if action was taken at the first indication of emergency.The teen's death has been ruled as hypoxia following an investigation performed by the state's chief medical examiner. This occurred when the teen was anesthetized and was deprived of oxygen.
All surgeries, including wisdom tooth extraction, are risky. According to the American Journal of Public Health, over 11,000 people annually suffer from permanent nerve damage following wisdom tooth surgery.
Wisdom tooth surgeries have also caused brain tissue infections, hypoxia, tooth fractures, jaw fractures and fatal bleeding. Due to these reported risks, the question remains as to whether or not these surgeries should continue.
However, the bottom line is that dentists, just like doctors, must be properly trained to handle emergency situations like the one that claimed the life of this teen. Surgical errors such as these should be avoidable with proper training in place.
Source: ABC News, "Parents Sue After Teen Dies During Wisdom Tooth Surgery," Katie Moisse, Dec. 15, 2011
]]>People with sinus problems use neti pots as a way to flush out bacteria and allergens, essentially to irrigate the sinuses. However, officials say a neti pot can become a dangerous product if tap water instead of sterile water is used in the process.
]]> According to health officials, two neti pot users have died in Louisiana within the past five months as the result of brain infections that were traced back to the tap water used in their neti pots.Health officials say that residents of the Southern states must especially beware of this threat as the deadly infections were caused by an organism most frequently found in fresh water of the Southern states.
Health officials say that the amoeba, known as Naegleria fowleri, does not kill if a person drinks it, but it can be deadly if it's inhaled into the sinuses. The dangerous amoeba is most commonly associated with swimmers in lake or river water, although infections are very rare, health officials reported.
Reportedly, tap water is usually purified enough to drink, but may not be completely free of bacteria and other organisms, including Naegleria fowleri. This is why neti pots are to be used with sterile water only.
In the latest neti pot-related death, a 51-year-old Louisiana woman is believed to have contracted a brain infection from the dangerous amoeba after using tap water in her neti pot.
Earlier this year, a 20-year-old Louisiana man also died of a brain infection resulting from Naegleria fowleri. An investigation found the organism in his home's tap water, which he used with his neti pot.
If a products liability lawsuit was brought against the makers of the neti pot, it is likely that a major issue in the case would be if there was a proper warning label on the product about the dangers of using tap water instead of sterilized water with the neti pot.
Source: The Palm Beach Post, "Brain-infecting amoeba blamed for second neti pot death," Stacey Singer, Dec. 16, 2011
]]>A Nebraska-based obstetrician made critical errors when delivering a large baby girl in June of 2008, which resulted in the child losing the use of her left arm. This was the consensus of a jury last month, before it awarded the family of the now 3-year-old girl $1.8 million for a birth injury that will impact her for the rest of her life.
]]> Lawyers for the family said that the doctor made two key mistakes when delivering the child, who was roughly nine pounds upon birth. First, the doctor used a vacuum device to help the child travel through the birth canal, which the lawyers claimed was not appropriate for the situation.Second, before clearing the birth canal, the child's arm got caught under the woman's pelvic bone. In an effort to jar the child loose, the doctor allegedly pushed down on the baby's head. By doing this, the baby ripped several key nerves that left her arm paralyzed, the lawyers said.
The family's lawyers said that under no circumstances should a doctor push down on a baby's head. As a result, the girl will forever have a left arm that is longer than her right, and will have only brief flickers of movement in the damaged limb, the lawyers told the jury.
A lawyer representing the accused doctor said that the medical professional did not do anything inappropriate during the delivery. He also said that the jury likely ruled in the child's favor out of sympathy.
Unfortunately, it is common for delivery doctors and their lawyers to argue that no medical mistake was made in instances of birth injuries. This is why it is important for the family of the injured child to have an experienced attorney on their side to present their case.
Source: The World-Herald, "$1.8 million awarded in birth injury," Todd Cooper, Nov. 24, 2011
]]>