The plaintiff was 60 years old when he agreed to have elective surgery to treat erectile dysfunction. The procedure was to insert a plastic straw into his penis to allow him to have sex with his wife, according to his attorney.
]]> At first, the surgery appeared to be completed safely. But two weeks later, an infection on the plaintiff's penis turned gangrenous. An emergency amputation was necessary to save the man's life.The man suffered from high blood pressure and diabetes prior to the surgery. This meant he was not a good candidate for the erectile dysfunction operation, which the anesthesiologist should have recognized, the attorney said. The anesthesiologist should have postponed the surgery, but negligently allowed it to proceed, according to the attorney.
Though this story may seem amusing at first, the loss of his penis has had a serious impact on the man's quality of life. Among other things, he must use a tube to urinate.
Terms of the settlement with the urologist who performed the surgery were not mentioned in a news report. It is likely that the anesthesiologist's attorneys will not want the jury in the current case, which began on May 14, to hear about the prior settlement.
Source: WTVJ-TV, "Man Sues for Medical Malpractice Over Amputated Penis," May 17, 2012
]]>MRI exams, which provide a scan of the patient's brain, are also useful. But some critics say that specialists are relying on MRIs to the exclusion of other tests to reach an MS diagnosis. As a result, misdiagnosis of MS is very common, with more than 95 percent of MS specialists in a recent survey reporting seeing a patient incorrectly diagnosed with condition by another physician.
]]> The doctors in the survey said this was not a rare occurrence. About 75 percent of the physicians said they had seen three or more cases of MS misdiagnosis in the past year. The researchers behind the survey estimated that, based on the results, around 600 patients were being treated for an illness that they do not have. Of course, with only 122 doctors participating in the study, the number of MS misdiagnoses is almost certainly much higher.The consequences of a negligent MS diagnosis are serious. Besides the fact that the patient is not receiving treatment for his or her actual condition, MS medication is expensive and can cause significant side effects.
Source: The Oregonian, "Why hundreds of patients a year are misdiagnosed with MS," Joe Rojas-Burke, May 10, 2012
]]>The woman was 36 weeks pregnant when she went to the hospital in August 2008 because of a complication related to her pregnancy. The obstetrician on duty that day tried to use fetal monitoring equipment to check on the infant, but the results were inconclusive, so he used the hospital's bedside ultrasound machine to try to find a fetal heartbeat.
]]> The ultrasound could not find a heartbeat and the doctor told the woman that her baby had died. But the hospital's ultrasound technician, who was called from home to double check, was able to find a heartbeat. The obstetrician performed an emergency caesarean section, but by that time the child's brain had been deprived of oxygen and he had suffered extensive brain damage. He has severe spastic quadriplegic cerebral palsy as a result.Though the obstetrician's only explanation for the delay in delivery was that the infant "came back to life," according to the mother's attorney, the jury found that the hospital was completely liable for the birth injury by providing an old ultrasound machine and failing to maintain it. The machine was supposed to be serviced annually, but the hospital had not done so in more than a decade.
Source: Philadelphia Business Journal, "Pottstown hospital ordered to pay $78.5 million," Jeff Blumenthal and John George, May 4, 2012
]]>According to media reports, a worker at the victim's nursing home heard the woman scream "Stop, don't do that," from inside her room around 2:30 a.m. on April 11. The worker opened the door to the woman's room and saw the accused man, who worked as a nurse's assistant, holding a pillow over her face. The man removed the pillow and told the resident not to hit him or "I will take you to the shower room," the co-worker said.
]]> The co-worker told a nursing supervisor about the incident and the supervisor called police. Authorities arrested the suspect later the same day, and the nursing home fired him shortly after his arrest. He was charged with elder abuse and taken to jail, where he posted bail and was released.The reference to the shower may indicate that the victim had been abused before. A police report noted that the woman had made similar screams in the past while an assistant was with her in the shower or while changing clothes. While the woman suffers from dementia, it is possible that she was reacting to physical abuse in those cases as well. Whether officers will investigate that possibility is not clear.
Source: St. Augustine Record, "Nursing home aide accused of abusing dementia patient," Jim Schoettler, April 13, 2012
]]>Both sides agree that the patient, a mother of three, arrived at the emergency room on Dec. 21, 2008 after falling and hitting her head. The defendant ordered a CT scan of the woman's head. The test showed that she was bleeding from her brain. According to an attorney for the plaintiff, the patient's husband, her physician should have acted quickly to treat the bleeding. If he had done so, the woman would likely have recovered from the injury, the attorney said.
]]> But the doctor failed to follow certain procedures and the brain injury went untreated, causing her to fall into a coma, the attorney said. Finally, doctors tried to save her by performing surgery, but the woman never woke up. She was taken off life support the next day.She was survived by her husband and three children, two of whom are ages 11 and 9. The younger child has cerebral palsy, a learning disability and is non-verbal, the husband's attorney said. She requires a great deal of care. Much of the damages the husband is seeking is to compensate the family for the parental care the mother would have provided.
When his turn came, the defense attorney said that his client performed his job adequately. He suggested that the woman's care was complicated by the fact that she had undergone previous treatment for neurological problems.
Source: The Record, "Medical negligence trial involving Chilton doctor gets under way," John Petrick, April 26, 2012
]]>Seizures brought on by stress or psychological trauma are called psychogenic non-epileptic seizures, or PNES. People can experience a PNES seizure after going through a highly stressful period such as overwork or a child custody battle, or due to post-traumatic stress disorder such as commonly found among war veterans. Many people who suffer a PNES have trouble working through stress and can be helped with therapy to develop coping mechanisms, according to the study's author.
]]> Unfortunately, instead of getting treated for the proper medical issue, many people with PNES are misdiagnosed with epilepsy instead. A 2005 study reported that doctors misdiagnose 54 percent of people with PNES. As a result, many patients undergo unnecessary hospitalizations and tests.Perhaps even more seriously, doctors order them to take anti-epilepsy medications. Many of these drugs have common side effects such as dizziness, anxiety and depression. Suffering these distressing and uncomfortable side effects without any medical benefits is no doubt frustrating for patients.
The John Hopkins researchers suggest that such patients would benefit from cognitive-behavioral therapy to help them cope with stressful situations. Though many have been through significant traumas, some misdiagnosed patients have a difficult time dealing with ordinary stress and need to learn some tools to help prevent future seizures, the author said.
Source: CBS News, "Seizures often misdiagnosed as epilepsy, actually stress: Study," Monica DyBuncio, April 13, 2012
]]>According to one out-of-state couple, two midwives acted negligently during the birth of their child and they filed a lawsuit as a result. However, just days away from seeing that case go to trial, both sides struck a deal worth $5 million. It is a mystery how much money the couple will actually receive in damages as most birthing clinics cannot afford extensive malpractice insurance packages. This clinic in particular is planning on filing for bankruptcy.
]]> Even if the case had gone to trial, those in the plaintiffs' camp are confident they would have come out victorious. The couple highlighted the fact that their child's permanent brain injuries were a result of lack of oxygen while in the care of the midwives.This recent litigation was just a piece of growing legal woes for the midwives, who own their own birthing clinic. They had their licenses to practice suspended one month ago after three infants died in their care.
In one of those deaths, which struck on June 2011, the midwives were accused of delaying access for paramedics from reaching the infant to provide help. Just two months later during that year, a child was born unresponsive and with a sluggish heartbeat. The midwives waited 11 minutes to finally phone emergency crews.
The midwives also lost a child in their care on Oct. 11, 2011 when one of them improperly cut an umbilical cord.
Despite the suspension of their license, the midwives plan to continue offering birth services to mothers, according to a receptionist at the clinic.
Source: The Republic, "Idaho midwives reach $5M deal in malpractice case at Meridian birthing center," John Miller, April 23, 2012
]]>The study was based on a survey of 659 members of the American Society of Anesthesiologists. Of those respondents, the vast majority -- 84 percent -- had been involved in a procedure that resulted in the patient's unexpected death or serious injury. Of those, more than 70 percent said they later felt guilt and/or anxiety over what happened, and went over the mistake in their minds. An article summarizing the study does not mention whether the anesthesiologists admitted being responsible for the errors.
]]> Regardless, it is perhaps no surprise that the emotional strain of having a patient die or be seriously maimed due to a preventable error has a lasting impact on a physician and may affect the quality of care future patients receive. Two-thirds of those surveyed said their ability to treat patients suffered for at least four hours following the error. But hospitals rarely recognized this threat to patient safety: only 7 percent of the anesthesiologists were granted time off to regain their ability to focus on their current patient.Perhaps most worrying to readers, 19 percent of doctors in the survey said they never fully recovered from the error, meaning that all future patients could be at a higher risk of suffering due to medical negligence.
Source: The Clinical Advisor, "Medical errors psychologically detrimental for clinicians," Ann W. Latner, April 17, 2012
]]>More and more, relatives of people who live in nursing homes are using similar cameras, sometimes called "granny cams," to keep an eye on workers who interact with residents on a daily business. While most nurse's aides and other nursing home workers treat their residents with respect, unfortunately episodes of abuse are all too common, making the use of a granny cam a wise move if you suspect your loved one is being mistreated.
]]> Another, more recent case of workers caught on tape abusing a frail nursing resident provides another example. This case took place in Oklahoma City, where two former workers have been arrested on suspicion of hitting and pushing a 96-year-old woman at their facility. In that case, the victim's relatives installed a hidden camera because they suspected workers were stealing from her.Instead, the camera captured a woman slapping the resident in the face and stuffing a rubber glove in her mouth. In another incident, the woman tries to push the woman's head onto her pillow to get her to lie down. Another worker appears to be watching without doing anything to stop it.
The family turned over the video to police, who arrested two workers suspected of being the women on the tape. Two days after the arrest, the nursing home fired the suspects.
Source: The Oklahoman, "Employees accused of abuse fired from Oklahoma City nursing home," Juliana Keeping, April 18, 2012
]]>The state agency's annual report found that there were 2,988 closed medical malpractice claims in Ohio in 2010, a 41 percent drop from 2005. Payments from doctors and other medical professionals totaled $175 million, a 38 percent drop from five years earlier.
]]> The tort-reform law capped non-economic damages patients can recover at $500,000 per occurrence of medical negligence. Physicians groups argued that the damages limit was necessary because doctors were paying too much in malpractice claims and insurance.Today, a representative called the annual report statistics "a good trend." He blamed patients and their attorneys for filing "runaway lawsuits" prior to the 2005 law.
But do fewer lawsuits really mean there are fewer negligent physicians in Ohio? One medical malpractice attorney said that tort reform supporters mounted a huge advertising campaign to convince people that many malpractice lawsuits are frivolous and the source of rising health care costs. But those were fabrications designed to disguise the bill's true purpose, which was to keep legitimate malpractice claims out of the courtroom, the attorney said.
Source: The Columbus Dispatch, "Lawsuits against doctors decline," Alan Johnson, April 16, 2012
]]>It appears that similar medical procedures were not followed in a hospital in Argentina where a woman recently gave birth to an infant. Doctors told the woman and her husband that the baby girl, who was born prematurely, had died. But in fact, the girl was still alive, a fact the parents discovered when they went to see her, thinking they were saying goodbye.
]]> Two hours after delivering the baby, the mother received a death certificate and was told her daughter had passed away. She and her husband went to the morgue to view their child's body, which was inside a small casket.Each parent has a slightly different account of what happened next, but both agree that when the casket was opened, the infant cried out. Hospital staff rushed her back into treatment. She is currently listed in critical condition, but her health is improving.
Five doctors and other medical staff have been suspended from their posts as local officials investigate who is responsible for the mistaken death declaration. The girl's mother said she and her husband are planning to file a medical malpractice lawsuit against her doctors.
Source: Yahoo News, "Newborn baby found alive in morgue 12 hours after being declared dead," Eric Pfeiffer, April 11, 2012
]]>Officials say that authentic Altuzan is labeled entirely in Turkish, whereas the counterfeit drugs have English labeling. The batch number that has been identified as defective is B6021.
]]> FDA leaders blame domestic purchasers' trust of foreign suppliers for the reappearance of the substance on American soil. Fraudulent pharmaceutical substances account for less than 1 percent of the market in industrialized nations, but many African, Asian and Latin American countries are plagued with counterfeit medication. The World Health Organization estimates that more than half of the medication purchased on the Internet from illegal pharmaceutical sites are counterfeit.The British company Richard's Pharma Ltd. shipped 38 packs of the substance directly to the United States. Another 82 vials were sent by a Canadian pharmaceutical distributor. The British firm had reportedly purchased the drug from a wholesale group in Turkey.
The Canadian business that shipped the larger batch of faulty medication is also under investigation for the first emergence of the drug on the American market. The owner of the business was reportedly selling the drug for $400 less than the manufacturer's price; Avastin usually retails for $2,400 a vial. The man has defended his business practices as safe and ethical, instead blaming inspectors for failing to identify problems with the pharmaceutical supply chain.
Neither of the pharmaceutical companies has commented directly on the case.
Source: CBS News, "Fake cancer drug Avastin hits U.S. market for the second time," Michelle Castillo, April 5, 2012
]]>The woman alleges that the lacking medical care was likely attributable to the man's lack of medical insurance. His perceived inability to pay his medical bills made him a lower priority for attending healthcare staff.
]]> The woman's husband, who was 33 when he died, was seen at the Fayette County Memorial Hospital in November 2009. She said that he was transported to the hospital with H1N1 symptoms, along with other complications, but he was sent home without invasive medical treatment. According to the man's wife, he was told to consume over-the-counter medicines, including Motrin and Tylenol, to alleviate his symptoms. Physicians also advised that he should avoid direct contact with his children to prevent contagion.The man was later flown in a helicopter to the Mount Carmel West Hospital in Columbus after he returned to the initial facility. The man developed a fatal case of pneumonia as a result of his illness, and he died the next day. The woman's attorney says that Mount Carmel had put a resident in charge of the treating department. That person didn't have enough experience to be qualified, according to legal documents. Life-flight patients are high-priority patients, and they should not be treated by untrained, inexperienced physicians.
Representatives from both hospitals said they are reviewing documents in the case.
Source: WBNS-TV, "Woman Says Husband Died After Being 'Wrongfully Discharged' From Hospital," March 21, 2012
]]>One case that can illustrate this point for Ohio readers comes from neighboring Michigan. A jury in a medical malpractice case there recently found in favor of the son of a woman who suffered severe brain damage in August 2008 and died as the result, the plaintiff said, of negligence by the anesthesiologist helping to perform surgery on her. The jury found that the doctor failed to notice that a tube meant to deliver oxygen to the woman slipped out after he gave her general anesthetic. The defendant also failed to do anything once the woman's blood pressure plummeted.
]]> Failure to act on either problem caused the woman's brain to be chocked of oxygen. She suffered brain damages as a result and never woke up from the surgery. Doctors put her on life support, and she died 11 days later. She was 66.Acting as representative of the woman's estate, her son sued the anesthesiologist and the hospital where the surgery took place. Charges were later dismissed against the hospital, but the suit went to trial on March 21 and concluded on March 30 with the jury finding the doctor liable in the woman's death. He was ordered to pay $1.23 million, one of the larger verdicts in the area's history, according to the plaintiff's attorney.
Source: Kalamazoo Gazette, "Lawton family awarded $1.23 million by Kalamazoo jury in medical malpractice lawsuit," Lynn Turner, April 3, 2012
]]>As officials from more than 100 hospitals recently learned at a kickoff event for the national version of the Ohio program, the eight Ohio children's hospitals adopted a fairly simple system to reduce surgical errors. To reduce surgical-site infections, they have adopted a pre-surgery routine that involves applying a special solution, preventative antibiotics and the use of surgical clippers instead of safety razors for shaving. Each hospital also had all of its employees -- including top executives -- undergo training on communication, teamwork and personal accountability.
]]> Since beginning in 2009, the program has shown signs of success. For example, Akron Children's had 14 surgical-site infections in cardiac, spinal and neurological operations in 2009. In 2011, that number was reduced to two. The hospitals, which include Cleveland Clinic Children's, believe they have prevented medical malpractice injuries in 7,700 children. There is also a financial aspect to the program, with participating facilities reporting an estimated $11.8 million in health care costs saved.Now with a $4.3 million grant from Washington over the next two years, the Ohio program will be replicated in 75 hospitals around the country.
Source: Akron Beacon Journal, "Ohio's pediatric hospitals launch national patient safety initiative," Cheryl Powell, March 14, 2012
]]>