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Hospitals May Not Be Doing Enough To Fight MRSA

Drew Dixon — Wed, 18 Jun 2008 10:07:38 GMT

A recent survey of the infection control practitioners found that 54 percent of them believe hospitals aren't doing everything they can to prevent the spread of methicillin- resistant staph aureus (MRSA). According to the Mayo Clinic, MRSA infection is caused by Staphylococcus aureus bacteria — often called "staph." It's a strain of staph that's resistant to the broad spectrum of antibiotics commonly used to treat staph, sometimes leading to death. In fact, MRSA is believed MRSA to lead to more than 19,000 deaths of patients each year.

Staph skin infections, including MRSA, generally start as small red bumps that resemble pimples, boils or spider bites and can quickly turn to painful, deep abscesses that require surgical draining. MRSA may also penetrate the body causing infections in the bones, joints, surgical wounds, bloodstream, heart valves, and the lungs.

Because the bacterium is spreading broadly beyond hospitals, some state law makers are trying to create new state laws to prevent the spread of MRSA. In Illinois law makers now require hospitals to test all "at risk" patients and patients in intensive care for MRSA and isolate them if they carry the drug resistant bacterium.

For more information on healthcare associated MRSA check out ww.cdc.gov/ncidod/dhqp/ar_MRSA.html.

Image source: Wikimedia commons

Originally posted at InjuryBoard by Drew Dixon

President Bush's Medical Malpractice Cap On Damages

Frank Bailey — Mon, 05 May 2008 16:32:09 GMT

The Medicare funding package proposed by President Bush includes another attempt to severely limit the rights of injured patients to hold negligent doctors and hospitals accountable.

I like to call it the “Negligent Doctor Protection Act.” The act contains a $250,000 cap on noneconomic damages, the elimination of joint liability, severe restrictions on punitive damages and contingent fees, and a reduced statute of limitations period for filing cases. These provisions would affect all medical malpractice cases.

Rather than helping reduce the Federal deficit, these measures will have just the opposite effect and place the burden of caring for the catastrophically injured on the government rather than the wrongdoer.

Contact your Senator and ask them to vote “no” on S.2662, the “Negligent Doctor Protection Act.”

Originally posted at InjuryBoard by Frank Bailey

Birth Injuries And Caps On Damages

Frank Bailey — Thu, 01 May 2008 16:54:54 GMT

Hardly a day passes when there is not another injustice due to arbitrary caps on damages placed there by legislators without looking at the facts of the case. Just today I read about a birth injury case in Virginia that settled for $1.35 million. The child has cerebral palsy and brain damage. Is $1.35 million enough to care for this child for life due to the negligence of doctors? I don’t think so.

The child’s attorney expressed it best, “The cap on malpractice awards imposes a burden on the most severely injured.” Only a few cases involve catastrophic damages, but with caps, it is a double injury to those unfortunate children. Not only are they injured for life, but the wrongdoer is not held responsible for the full amount of harm done.

We all know health care is not as safe as it should be. A very substantial body of evidence points to medical errors as a leading cause of death and injury. The Institute of Medicine found that deaths due to preventable errors exceeded the deaths caused by auto accidents. We have to ask our legislators to take action to see that wrongdoers are held accountable for the harm they cause.

Originally posted at InjuryBoard by Frank Bailey

Medical Errors: Is Our Health Care System Safe

Frank Bailey — Fri, 18 Jan 2008 08:28:57 GMT

Errors in health care are a leading cause of death and injury. Health care should be safe. It is not! In a revealing study, the Institute of Medicine found that sizable numbers of Americans are harmed as a result of medical errors. This study was authored by a blue ribbon panel which included William C Richardson as its chair. Mr. Richardson was President and CEO of the W. K. Kellogg Foundation, in Battle Creek, MI. Dr. Lonnie R Bristow, Past President of the American Medical Association, Walnut Creek, CA also served on the panel along with noted professors from the University of Virginia, Harvard School of Public Health and the University of California at Irving College of Medicine.

The study found that preventable adverse events are a leading cause of death in the United States. The study found that as many as 98,000 Americans die in hospitals each year as a result of medical errors.
Total national costs are estimated to be between $17 billion and $29 billion for preventable adverse events.

Trial attorneys provide families who have been victims of these medical events some measure of relief. Our jury system which is composed of citizens from the community has the power to impose accountability for these medical errors. Often families are hesitant to come forward, but by coming forward and exposing these medical errors we at the Bailey and Oliver Law firm believe that is the first step to safe health care in the United States. Our senior attorney, Frank Bailey is listed in Best Lawyers in America and has over 30 years experience with medical cases.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Frank Bailey

Widow Wins $16 Million in Medical Malpractice Case in Connnecticut

Shannon Weidemann — Thu, 11 Oct 2007 20:13:27 GMT

The widow of a truck driver was awarded $16 Million in a medical malpractice case against a doctor and medical group. The man died in 1994 of a heart attack. The lawsuit contended that the man's heart disease was not properly diagnosed or treated. The defendents in the case were Dr. Robert Goldsmith and the Stamford Medical Group.

Koskoff called the award one of the largest wrongful death verdicts in Connecticut history. He said Carlson worked three jobs to support his family and was looking forward to an early retirement.
"It's a validation of the injustice that was done by the negligent taking of a good man's life," Koskoff said. "This was going to be time to enjoy the fruits of all those hard years working."

The case was originally tried in 2003 and the family was awarded $10 Million by a jury. The case was appealed bt the defendants though.

If you would like to read more about medical malpractice, please visit InjuryBoard's Medical Malpractice information page.

Originally posted at InjuryBoard by Shannon Weidemann

Insurers Are Refusing to Pay for Hospital Errors

Frank Bailey — Mon, 21 Jan 2008 14:01:23 GMT

What is this world coming to? Insurers are refusing to pay for hospital errors. Give me a break! For years the hospital's liability carriers have had to be drug into court kicking and screaming to make them pay for a hospital's errors. Now, it looks like a patient's medical insurance is following suit. Who then is to pay for the hospital's errors? Surely not the wrongdoer...

Latest news says that Aetna Inc, WellPoint and other big insurance companies are refusing to pay for operating on the wrong limb or giving a patient incompatible blood.
Medicare announced that beginning in October it will no longer pay for the extra cost of treating bedsores, falls and other preventable injuries. In 2010 Medicare will add to the list hospital acquired blood infections, blood clots in legs and lungs and pneumonia contracted from a ventilator.

Will the hospitals just charge more for other procedures?

These preventable errors are called, "never events." In Minnesota last year there were 154 "never events." The Center for Disease Control estimates that patients develop 1.7 million infections in hospitals a year causing or contributing to as many as 99,000 deaths a year. These infections can add $10,000 to a patient's bill. MRSA can add $100,000 to a patient's bill.

Trial attorneys work hard every day to fight medical errors. At Bailey and Oliver, we believe medical errors don't need to be swept under the rug, but need public outing. Frank Bailey has over thirty years representing victims of medical errors. Frank is listed in Best Lawyers in America and takes pride in helping victims of malpractice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Frank Bailey

Meningitis and the Trial Attorney

Frank Bailey — Wed, 02 Jan 2008 15:28:20 GMT

Meningitis is usually a complication of another bacterial infection such as pneumonia. With meningitis, the brain and spinal cord meninges (hence meningitis) become infected. If caught early and the infecting organism responds to antibiotics, the prognosis is usually good.

If the meningitis is not treated early the prognosis is much worse, often resulting in death or permanent brain damage. That is why it is so important for the physician to rule out meningitis in a patient with the cardinal signs of meningitis...fever, chills, malaise, headache, vomiting, irritability, photophobia, a rash, and a change in mental status. Some individuals may have all or some of these signs and symptoms of meningitis. The physician must be vigilant and include meningitis in the differential diagnosis if there is the least suspicion the patient may have meningitis.
This is an informative site on meningitis that provides useful information.
If you or a loved one had meningitis and were not properly diagnosed, a trial attorney may be able to help recover monetary damages for the many harms that follow a late diagnosis of meningitis. An experienced trial attorney will review your case and if there are signs of malpractice, submit your case to an independent expert for further review. We at the Bailey and Oliver law firm have experience with cases involving meningitis and are always willing to help victims of medical negligence.
The Institute of Medicine has reported that at least 44,000 Americans die each year as a result of medical errors. The number may be as high as 98,000. We at the Bailey and Oliver Law Firm believe that by bringing medical errors to light, we can work together with the medical community to correct this tragic loss of life.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Frank Bailey

We Can Help Build a Safer Helath Care System

Frank Bailey — Thu, 06 Dec 2007 13:55:55 GMT

In June of 1998, the Quality of Health Care in America project was initiated by the Institute of Medicine. Its purpose was to develop a strategy that would improve the quality of care in the United States.
The Institute of Medicine found that each year, more than 98,000 Americans die because of medical mistakes. That is more than are killed on the highways. In addition, many more people suffer permanent and serious injuries.

These stunningly high rates of medical errors--resulting in deaths, permanent disability and unnecessary suffering -are unacceptable in a medical system that promises first to "do no harm."
Recently we have seen brain surgeons operate on the wrong side of patient's brains. We have read about hospitals giving babies 1000 times the proper amount of Heparin, a dangerous blood thinner.
According to the report by the National Academies' Institute of Medicine, our nation's health care industry has failed in its ability to provide safe, high-quality care consistently to all Americans. Reorganization and reform are urgently needed to fix a disjointed and inefficient system. As trial attorneys we believe the tort system can help wake up the medical industry to its errors and to begin to accept responsibility.
Lawyers know that not every bad outcome means that malpractice was committed. Doctors must be vigilant. Doctors must communicate with other health care providers. Doctors must rule out the most serious disease with what is known as a differential diagnosis. But, how is the public to know if malpractice has occurred?
Medical malpractice cases are complex and require the expertise of a lawyer who handles these types of cases. We have successfully handled these cases for over thirty years. If you have questions about the care you or a loved one received from the medical industry... doctors, hospitals, or nurses, we would be glad to answer your questions and maybe prevent someone else from being harmed.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Frank Bailey

Three Wrong Site Surgeries In A Year

Frank Bailey — Tue, 27 Nov 2007 16:45:23 GMT

95% of all medical malpractice is caused by less that 1% of doctors. This has recently been highlighted by a hospital in Rohde Island where doctors for the third time this year operated on the wrong side of a patient's head.

The hospital said it was re-evaluating its training and policies, and providing more oversight; giving nursing staff the power to ensure procedures are followed, but is this enough?
The most recent case happened November 23, 2007 when the chief resident started operating on the wrong side of an 82-year-old patient's brain.
In February, a different doctor performed neurosurgery on the wrong side of another patient's head.
In August, a patient died a few weeks after a third doctor operated on the wrong side of his brain.
What can be going on in that Hospital?
The hospital is owned by Lifespan, a not-for-profit corporation. It serves as a teaching hospital for Brown University.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Frank Bailey

Hospital Settles Cerebral Case for $14 Million

Shannon Weidemann — Mon, 04 Jun 2007 13:45:38 GMT

A hospital has settled a medical malpractice suit with the family of a young boy for $14 Million last week. The 5-year-old boy suffered a birth injury that led to cerebral palsy. The hospital staff did not administer treatment in time to prevent his injuries.

The malpractice complaint against Northwestern Memorial Hospital contended the baby was not breathing when he was born and that emergency staffers were not prepared to resuscitate him because of the monitoring error.
The 7-minute lapse without oxygen caused the child to suffer from cerebral palsy, leaving his arms and legs paralyzed, according to the complaint.

The boy was born on May 24, 2002 and can not walk or talk. The family will use the money to provide care for their son.

Originally posted at InjuryBoard by Shannon Weidemann