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Posts Tagged ‘medical malpractice attorneys’

Can Dental Surgery Lead To A Medical Malpractice Lawsuit?

dental malpractice, dental procedures, dentistry, Medical Malpractice, medical malpractice attorneys, medical malpractice law, Washington medical malpractice lawyers

December 27th, 2011: Law Blogger

“Dental Fear” or fear of dentists seems to be one of the most prevalent phobias in society aside from fear of heights, bugs, and snakes. In fact there are people who will avoid the dentist at the detriment of their own health and appearance in order to quell their fear. It stems from the fact that teeth are so sensitive and the pain to teeth can be intense. Add the sounds of the drilling and the scraping and it’s enough to cause anyone to have a few butterflies in their stomach.

Unfortunately, missing teeth and bad teeth can keep a person from gainful employment or finding a serious relationship. But perhaps what ultimately drives people to the dentist is the pain of avoiding them in the first place as teeth rot and gums recede. Studies have also shown that dental health is also directly linked to a person’s overall health. However, just like any other medical procedure, there are serious problems that can arise.

Dental Surgery Complications

Medical malpractice lawsuits in Washington State are commonly brought against the doctors and staff of the hundreds of hospitals and clinics across the state for everything from medication errors to surgical errors that either lead to medical injures or wrongful death. However, very few people who are injured or die while getting surgery in a dentist’s chair know that the options for medical malpractice extend to dentists.

Some of the complications that lead to medical malpractice lawsuits are:

Anesthesia – Sedation using gas or other methods are needed to avoid pain, but can also be deadly, especially to children, the elderly, and people with other medical conditions. The American Academy of Pediatric Dentistry (AAPD) recommends that three staff members are present when deep sedation occurs in a dental office. The anesthesia provider should be a licensed medical or dental practitioner with certification for providing anesthesia; he should monitor the patient’s vital signs, airway patency, cardiovascular and neurological status and adequacy of ventilation.

AAPD also says the operating dentist and clinical staff need to maintain current expertise in basic life support in case something goes wrong. Deaths can also occur with local anesthesia. As of Oct. 2008, RDH Magazine reported it was legal in 43 states for dental hygienists to administer local anesthesia and 26 allow them to administer nitrous oxide.

Nerve Damage – The most common complication with dental surgery is permanent nerve damage, which causes numbness of the tongue, lips or cheeks. More than 11,000 people in the United States are effected annually, according to a 2007 report in the American Journal of Public Health. This can seriously effect the person’s diet, quality of life, and even the way they look as they can often loose muscle control in their face causing it to droop.

Emergency Services – In the 2001 book, Forensic Pathology by Vincent J.M. DiMaio says stress, fear and pain coupled with anesthesia can precipitate a heart attack. One of the most common causes of death in a dental chair is an overdose of a general anesthesia that causes unconsciousness. Further, other experts have found that some people can stop breathing in the dentist chair and staff members are not properly trained to revive them or keep them alive until the ambulance arrives.

Defibrillators – These life saving devices that administer an electric jolt to the heart when it stops due to heart attack or stroke while in the hospital are now becoming much more common in dentist offices due to changes in AAPD recommendations. Unfortunately, several problems have been identified in dental death cases surrounding the use of defibrillators. Despite AAPD guidelines, dentists’ offices may not have working defibrillators, furthermore, dental personnel may not be trained in life support.

Wisdom Teeth

Wisdom teeth are located on each side of the back of the bridge of teeth, both upper and lower. They are generally the last to come in, developing in teenage years to early 20’s, but some people later in life. Experts hypothesize that they are a later evolutionary development in humans in order to break down meat further.

Now, wisdom teeth are considered not needed and the American Association of Oral and Maxillofacial Surgeons strongly recommends that young adults have their wisdom teeth removed to “prevent future problems and to ensure optimal healing.” However, some in the dentistry community contend that the science supporting prophylactic extraction is not substantial enough to support a sweeping policy across the dental community.

American dentists and oral surgeons pull 10 million wisdom teeth each year costing patients and insurance companies more than $3 billion annually. It is the profitability of the procedure that mitigates a sweeping policy that could be potentially deadly. Wisdom tooth surgery has been linked to jaw and tooth fractures, brain tissue infections, life-threatening bleeding and hypoxia. But studies suggest no more than 12% of impactions lead to infections or damage to adjacent teeth — roughly the same incidence as appendicitis. No medical associations recommend prophylactic appendectomy.

Medical Malpractice Attorney

Dentistry is a highly trained and specialized medical field that is essential to society. It is also a multibillion dollar industry that can have serious consequences on patients if not done correctly by a doctor and staff that constantly updates themselves on the latest procedures. Dentists not taking the proper steps to protect patients resulting in medical injuries or wrongful death can be construed at medical malpractice and there are ways for patients to seek justice through compensation.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call Phillips Webster for a consultation on your legal options.

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What Is Medical Malpractice in Washington State?

Medical Malpractice, medical malpractice attorneys, medical malpractice law, Washington medical malpractice lawyers

August 31st, 2011: Law Blogger

People are surprised by the statistics regarding medical malpractice. Often the numbers of lawsuits filed and sums awarded are contradictory to what they’ve heard from insurance companies and the politicians they’ve bought to stump for tort reform. Medical malpractice lawsuits are neither costly to the system nor are they frivolous. There are literally hundreds of thousands of medical errors made by various medical professionals due to lack of training, being overworked, inadequate resources, or straight negligence.

Many patients who are victims of malpractice either suspect right away that they have been victims or don’t know that their worsened condition, serious injury, or death of a loved one was caused by medical negligence or other factors. Whether they are aware that they have fallen victim or not, they often choose not to seek compensation for their injuries. This is wrong. Washington State has rules in place that help victims get not only to get the compensation they deserve, but force hospitals and practitioners to change their policies or systems so that they don’t injure other patients in the future.

Medical Malpractice in Washington State

Washington state’s medical malpractice statutes, RCW 7.70 and RCW 4.24.290, define the primary elements of liability for medical malpractice.  Other statutes, including the Consumer Protection Act and the Products Liability Act, have limited applicability in the context of medical care.  All medical malpractice claims are subject to applicable statutes of limitations.  Medical malpractice claims involving public entities or their staff are also subject to additional claim filing requirements.

RCW 7.70

This state law governs any action for damages based on an injury resulting from health car provides the substantive and procedural framework for “aspects of all civil actions for damages for injury occurring as a result of health care.”  Medical liability may be based on one or more of the three causes of action identified in RCW 7.70.030:

No award shall be made in any action or arbitration for damages for injury occurring as the result of health care, which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:

(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care.

(2) That a health care provider promised the patient or his representative that the injury suffered would not occur.

(3) That injury resulted from health care to which the patient or his representative did not consent. Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.

Further in the section there have been substantial changes to RCW 7.70. The new and related statutes are intended minimize the cost of medical malpractice claims in Washington by requiring a pre-suit notice. The injured victim, their loved one, or his/her attorney, must give the health care provider a 90 day notice prior to filing suit. This is intended to facilitate negotiations and potentially resolve the case before a costly litigation (for the institution or practitioner) ensues. If notice is not given the victim may be precluded entirely from pursuing their claim, so this is an important provision to consider. Also keep in mind that legal counsel is imperative if your claim is worth a substantial sum of money or if you are nearing your three-year statute of limitations.

RCW 4.24.290

This is an additional medical liability statute that establishes an action for professional negligence against a hospital, hospital personnel, or a member of the healing arts, where the plaintiff proves by a preponderance of the evidence that the defendant or defendants “failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages.”

4.24.290 applies to actions against a hospital, hospital personnel, or a member of the healing arts, including but not limited to physicians, osteopathic physicians, nurses, dentists, podiatric physicians, chiropractors, and acupuncturists.

Consumer Protection Act

The Consumer Protection Act (CPA), RCW 19.86, protects consumers from unfair or deceptive practices occurring in trade or commerce, and provides a civil action to individuals for damages (RCW 19.86.090), generally does not provide an additional basis for recovery in a medical malpractice action. The CPA applies only to the entrepreneurial aspects of the practice of medicine and other learned professions, and not to claims regarding the actual competence or negligence of the physician, or claims of negligent supervision.

In RCW 19.86.093 ‘Unfair or deceptive act or practice’ section of the CPA it states that in a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:

(1) Violates a statute that incorporates this chapter;

(2) Violates a statute that contains a specific legislative declaration of public interest impact; or

(3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.

Seattle Medical Malpractice Lawyers

As you can see, there are a lot of laws on the books that protects the victim as well as the institution or practitioner. It was only last decade that Washington State followed many of the states around the country in instituting limits to how much victims could seek for compensation. Those limits (generally around $250,000) have since been found unconstitutional in Washington, but still stay steadfastly in more conservative minded states. Many victims, once they have experienced the loss of a loved one or suffered a serious and perhaps permanent injury due to medical malpractice, realize that the compensation barely covers their long-term medical expenses even when rewards reach into the seven figure range. Don’t be afraid to consult with an attorney to review your options.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call Phillips Webster for a consultation on your legal options.

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The Main Causes of Medication Errors and Pharmacy Malpractice

Medical Malpractice, medical malpractice attorneys, medical malpractice law, medications errors, pharmacy malpractice, Washington medical malpractice lawyers, Wrongful Death

January 18th, 2011: Law Blogger

Pharmacy Malpractice LawyerPatients are usually the first to know of a reaction to pharmaceuticals as suddenly the side effects become worse than the ailment they are supposed to be treating. The first person they go to for answers is the physician in order to cure whatever reaction they may have had. After that is an investigation period, unless there is only one medication, then the spotlight focuses directly on the pharmacist.

The experience of the pharmacist and what they are willing to pay for experienced technicians are factors in the quality of service and protection they offer their customer. There are also procedural factors that some pharmacies have and some don’t. Familiarity with doctors, patients and their ailments, many pharmacists say, plays a large factor in being able to avoid errors.

Pharmacy Errors

The interaction and communication between patient, doctor, and pharmacist has improved over time with the advent of technology. This technology and communication has helped pharmacists and pharmacy technicians reduce or eliminate errors by identifying errors, determining their root causes and improving processes to prevent future mistakes.

But there is still the human factor, which is a good thing and a bad thing. Technology can give warnings, but it is the interaction with the customer and being able to tell whether the information you’re giving the customer at the counter is clear so that there aren’t any errors. These are factors that are serious considerations in a pharmacy malpractice lawsuit.

Common Pharmacy Errors:

  • Misfilled prescriptions
  • Incorrect labels
  • Failure to counsel
  • Failure to warn of side effects or interactions

With these errors, not only is there a risk that a patient could be harmed, but there also always exists the possibility that the patient could file a malpractice lawsuit. However, the mere fact that an error occurs does not automatically mean a patient will recover damages in a lawsuit. There has to be an established act of negligence based on the procedures and environment of the pharmacy or institution that dispensed the prescription.

In less severe cases not involving serious medical injury or wrongful death, a patient may file a complaint with the board of pharmacy that licensed the pharmacy and pharmacist, possibly subjecting the pharmacy and/or pharmacist to discipline.

Pharmacy Malpractice

Plaintiffs or their families commonly file pharmacy malpractice lawsuits when the pharmacy and pharmacist has allegedly harmed the patient by a prescription error. Generally, a pharmacy can be liable for the acts or omissions of the pharmacists and other pharmacy employees it employs. Similarly, pharmacists can be liable for the acts or omissions of pharmacy employees under the pharmacist’s supervision. These factors make tracking and reporting for each prescription very important.

In order for the plaintiff to seek compensation for damages, medical expenses, and pain and suffering based on pharmacy malpractice involving negligence, the plaintiff must prove four different elements.

Elements of Pharmaceutical Liability:

1) Performing Reasonably Prudent Duties – Pharmacists are expected, like doctors, to conduct themselves under a standard that compels them to exercise care and diligence to the same extent that another “reasonably prudent” pharmacist would. Ther is a reasonable expectation of patients to expect that the pharmacist or technician will fill prescriptions by dispensing the appropriate drug and correctly labeling the container. Also pharmacists may have a duty to perform a drug utilization review. This is a review of whether the drug is appropriate under the circumstances and whether it reacts with other medications the patient is currently taking. The pharmacist also must provide patient counseling. While duties can manifest themselves in a number of ways, their basic determination is the same: What would another reasonable pharmacist do in the same situation?

2) Failure to Follow Procedures or Prudent Duties - When a pharmacist’s action or omission falls short of that of another “reasonably prudent” care pharmacist would use, the pharmacist is considered to have “breached” their duty. A pharmacist could breach their duty in a number of situations, including:

  • Incorrectly filled prescriptions
  • Incorrect compounding
  • Incorrect labels
  • Wrong dosage
  • Failing to warn the patient of known dangers or interactions connected with the drug

In some cases, such as when the wrong tablet was placed in the bottle, the breach of the duty will be obvious to the jury. However, in most cases, the plaintiff will need to hire an expert witness to prove to the jury that the pharmacist had a duty and failed to do what a “reasonably prudent” pharmacist would have done in the same situation.

3) Causation – As the plaintiff, it is on the victim or their family (along with their lawyer) to prove that the pharmacist had a duty and that he breached that duty. The plaintiff also must demonstrate a causal link between the pharmacist’s error and the damages being claimed by the patient. They must show that without the pharmacist’s act or omission, the patient would not have been harmed.

4) Pharmaceutical Malpractice Compensation - Finally, the plaintiff must prove that they were harmed in some way. Such losses generally include payments for medical bills, loss of income, rehabilitation costs, loss of services (household, as well as marital), pain and suffering, and loss of life. Punitive damages come into play when the plaintiff sues for malpractice that arises from reckless behavior. Punitive damages may be awarded when the jury determines that the pharmacist acted in a reckless disregard for the life of the patient. This could occur if the pharmacist acted intentionally or was grossly negligent.

Complaint to Washington State Board of Pharmacy

Medical Malpractice AttorneyThe Washington State Board of Pharmacy has a website (follow the link) that allows people to file complaints online. This is recommended by Department of Health officials to be done in addition to filing a pharmacy malpractice lawsuit. It is recommended that if this complaint is followed by a lawsuit that the complaint is filed under council supervision in order that the information and wording correspond with that of the allegations put forth in the lawsuit. Discrepancies could jeopardize the outcome of the lawsuit.

The Board of Pharmacy cannot award money to the patient, but the consequences of a complaint can impose further discipline on the pharmacy’s permit or the pharmacist’s license. Generally, boards do not impose discipline for inadvertent errors. However, they may impose discipline in the form of fines or probation, suspension and even revocation of licensure if there is a pattern of errors or if the error is severe.

Washington Pharmacy Malpractice Lawyer Helps Victims

Pharmacies across the state or even across the street from each other may have vastly different procedures for dealing with medication errors. Washington State requires all of the pharmacies large and small to report any errors to the Department of Health. These reports are important to creating a pattern for individual pharmacies and viewing common problems so that policies can be modified accordingly.

If you or a loved one have found that you have been seriously injured or killed because of a pharmacy error it is still your right to seek adequate compensation for your pain and suffering to assure that another patient will not have to go through what you are. Call the Medical Malpractice Lawyers at Phillips Webster for a free consultation.

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Can A Simple Surgical Checklist Save You From Medical Injuries?

Medical Malpractice, medical malpractice attorneys, medical malpractice law, Washington medical malpractice lawyers

January 17th, 2011: Law Blogger

Medical Malpractice LawyerThe United States healthcare system is taking center stage again this year. This comes after numerous election promises touting the abolishment of “Obamacare” by the majority of the freshman republican congressmen. These claims are quickly followed by talk of medical malpractice reform, a favorite topic fueled by millions of dollars of campaign funds.

What aren’t mentioned are the hundreds of thousands of medical errors that happen in the United States. Some of these errors permanently cripple and kill thousands of patients every year. Though medical malpractice reform that is being proposed is designed to deny patients the justice they deserve, another simple alternative is catching steam, which is to prevent the errors in the first place.

Surgical Checklists

A new study published in the Annals of Surgery, a peer reviewed international medical journal by Dr. Eefje de Vries, of the Academic Medical Center in Amsterdam, and colleagues finds that surgical checklists not only save lives by preventing medical errors, they could also make a big dent in medical malpractice lawsuits.

The researchers examined data from the largest medical liability insurer in the Netherlands. Upon analysis they surmised that nearly a third of the claims arose from mistakes that likely would have been caught by a simple surgical checklist known in the medical community as SURgical PAtient Safety System (SURPASS).

The SURPASS checklist has simple make-sense things like making sure the operating schedule is correct, checking that all equipment is available, and marking on which side of the patient the surgery is going to happen. Seems like a no brainer, but these mistakes happen everyday, not once, but hundreds of times on a daily basis.

The researchers identified the main reasons for errors in 294 successful claims related to surgeries from 2004 to 2005. They then compared those to SURPASS. They found 29% of the reasons something had gone wrong corresponded to a single item on the checklist, such as “marking the patient” or “communication between hospital staff.” They found that 4 of 10 deaths in the claims database may have been prevented had they been addressed on the SURPASS checklist.

Medical Errors

medical malpractice attorneyExperts have found that tens of thousands of Americans die every year due to medical errors, most of which are related to surgery, confirms to the Dutch report. They say that when healthcare providers follow a checklist, the clinic or institution reduces the number of medical injuries and wrongful deaths considerably.

The system as a whole could save money, too, by preventing complications that require further treatment. A Harvard University Medical Study in 2010 study estimated it costs the U.S. more than $55 billion annually, or 2.4% of the country’s healthcare spending. In the scope of things, not much, but the Harvard study went on to say that nearly 90% of that money was spent on “defensive medicine,” tests that aren’t needed in order to avoid a lawsuit in case of medical error.

This Dutch study only further shows that the healthcare system has some very simple sweeping changes that need to be implemented that could help them achieve their base goal, healing people and saving lives. Why institutions and clinics aren’t filling out a surgical checklist for every procedure may come with many excuses.

Some fatal excuses not to use a checklist:

  • Lack of Staff – Not enough hospital staff to properly fill out a list. Lack of staffing may be a sign of a serious problem between quality of care and profit margin in the US healthcare system.
  • Lack of Time – The institution may also lack the number of doctors required to fulfill their surgical schedule. Surgeries are dollars. Surgical rooms are money-generating machines. Checklists increase the prep time between surgeries and reduce the number of surgeries per room.
  • Redundancy – Though redundancy is excellent when it comes to the electrical grid and communications, it seems redundancy in the medical community is viewed as a drag on the system. They say it reduces the number of patients they can help, but if the lack of redundancy hurts 25% of their patients, the rationale fails.
  • Insurance – Institutions and doctors don’t get breaks from insurance companies or tax incentives from the government to use checklists. The reason may be that it is viewed as something they should be doing anyway. A simple fix may need a less simple incentive to implement.

Though these excuses are somewhat legitimate they are excuses none-the-less with a very simple solution. Dr. de Vries sets aside these excuses by simple stating in the study, “While the checklist as a whole may seem a little intimidating, the separate parts for each stage of the surgical pathway take little time to complete.”

Seattle Medical Malpractice Lawyers Represent Patients

Patients in the United States are told that they are currently recipients of the “best healthcare in the world.” This claim is much like the World’s Greatest Hot Dog or World Champions in Baseball…empty and without merit.

Hundreds of thousands of patients are injured or killed by medical errors every year and study after study has shown that the vast majority of those people are part of the lower middle class to poor, largely minorities, and female. This continually marginalized section of the US population does not need to be victimized further for such a simple solution. They deserve justice not excuses and political rhetoric.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call Phillips Webster for a consultation on your legal options.

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Study Finds Mammogram False Positive Results Increase Amongst Vulnerable Women

Medical Malpractice, medical malpractice attorneys, medical malpractice law, Washington medical malpractice lawyers

January 12th, 2011: Law Blogger

Medical Malpractice LawyersThe doctor sits you down in his office and tells you the news — you have breast cancer. At that point you begin your treatment depending on how aggressive the healthcare providers feel is necessary, generally based on your level of health insurance, not your level of health.

Yes, breast cancer missed on diagnostic mammography may contribute to delayed diagnoses, but false-positive results may lead to unnecessary invasive procedures. Think about the implications of a false positive result of cancer. Chemotherapy kills cancer cells and white blood cells alike, making you vulnerable to a myriad of other illnesses and complications, especially pneumonia.

Just as hospitals are vulnerable to lawsuits by failure to diagnose, a false positive diagnosis can be just as detrimental and potentially deadly. A study released in this month’s issue of Medical Care has revealed that perhaps these false positives may cover a population of women that is not only most vulnerable in society, but are also the least able to pay for medical care even when they need it.

False Positives and Vulnerable Women

Researchers working on behalf of the National Cancer Institute Breast Cancer Surveillance Consortium tested whether accuracy of diagnostic mammography at facilities serving vulnerable women differs from that of other facilities. They did this in order to compare the interpretive performance of diagnostic mammography at facilities serving vulnerable women to those serving nonvulnerable women.

To determine create a vulnerability scale, facilities were assigned vulnerability indices according to the populations served based on the proportion of mammograms performed. They were separated by mammograms given to:

  • Women with lower educational attainment
  • Racial/ethnic minority status
  • Limited household income
  • Rural residences

They examined 168,251 diagnostic mammograms performed at Breast Cancer Surveillance Consortium facilities from 1999 to 2005 using hierarchical logistic regression to compare sensitivity, false positive rates, and cancer detection rates. The women were aged between 40 and 80 years and underwent diagnostic mammography to evaluate an abnormal screening mammogram or breast problem.

The researchers found that, though positive diagnosis did not vary significantly across the vulnerability scale as adjusted for patient-level characteristics, false-positive rates for examinations to evaluate a breast problem were considerably higher at facilities serving vulnerable women.

The odds of vulnerable women being misdiagnosed:

  • Racial/ethnic minorities = 13/1
  • Limited income = 13/1
  • Lower educational attainment = 14/1
  • Rural residence = 16/1

The team concluded that diagnostic mammography to evaluate a breast problem at facilities serving vulnerable women had higher false positive rates than at facilities serving nonvulnerable women. In their paper they speculate that this may reflect concerns that vulnerable populations of women may be less likely to follow-up after abnormal a false positive diagnosis for a second opinion. They also voice concerns that more vulnerable women have higher cancer prevalence.

Medical Malpractice Attorney

Other studies that have covered misdiagnosis have voiced concerns that it is the sheer load of patients, lack of time to study the patient’s symptoms and inability of doctors to do the proper tests that makes misdiagnosis so prevalent. They also cite a lack of follow-up as another major problem. It is important that patients recognize a revolving door system and demand tests or proper attention is spent to their very real concerns. Thus is the state of the American healthcare system today.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call Phillips Webster for a consultation on your legal options.

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Four Plaintiffs File Wrongful Death And Medical Malpractice Lawsuits Against Vancouver Pain Clinic

Medical Malpractice, medical malpractice attorneys, medical malpractice law, medication error, Washington medical malpractice lawyers

January 10th, 2011: Law Blogger

Medical Malractice LawyerPain management has been a massive issue with the Washington State Department of Health as of late. This year should be a year where Washington State could lead the charge on a whole new way patients control their pain and the way doctors prescribe pain medication.

The University of Washington has one of the largest pain management facilities in the world and could play a major part in the approval of medication and treatment of every pain patient in the state. Until then, stories such as the one released today about multiple patients dying of overdoses due to allegedly negligent pain management of one clinic are going to raise questions about regulation and fuel legislation to change the system.

Washington Medical Malpractice Lawsuit

On Friday four parties filed wrongful death lawsuits and medical malpractice lawsuits against a Vancouver pain clinic, alleging it prescribed excessive amounts of drugs that caused multiple overdose deaths and addictions.

The lawsuits say that the clinic prescribed the patients “grossly excessive amounts of controlled substances, causing each physical and mental injuries.”

The estates of Deborah E. Reid, who died of opiate intoxication Jan. 8, 2008, and Karen Stransky, who died May 30, 2009 of an opiate overdose, along with Malvena Goetz and Tina Wright, two other plaintiffs, filed the suit against the Vancouver Payette Clinic in Clark County Circuit Court.

The suit contends the clinic failed to do adequate pill counts or give its patients random drug tests to control the massive amount of pills prescribed. An the suit cites is a man who died from a drug overdose Sept. 29, 2009 after a nurse practitioner from the clinic prescribed him over 5,000 morphine sulfate tablets, in addition to other drugs between in a single year, nearly triple that of a patient on a heavy pain management regiment. At the time of the man’s death authorities found over 2000 of the 200mg morphine sulfate tablets in his possession.

“Payette Clinic practitioners knew or had reason to know that the massive quantities of controlled substances they were prescribing were either being diverted by patients and sold in the illegal drug market, or being taken by their patients at great risk to the patient’s own health,” the suit says.

According to the lawsuit, as many as 5 patients prescribed opiates by the clinic died from prescription overdoses between January and November 2007. Notice this is prior to Reid’s death. Despite these deaths the lawsuit alleges that the clinic’s nurse practitioners continued to prescribe quantities of drugs far beyond Washington State’s published guidelines on opioid dosing for chronic pain.

“Payette Clinic practitioners continued prescribing large quantities of controlled substances even after they were aware of at least six deaths of patients from their clinic and after numerous doctors, nurses, pharmacists, and family members of patients had complained about the excessive quantity of drugs being prescribed by Payette Clinic,” the lawsuit says.

The Economics of Pain Management

medical malpractice attorneyThe next logical set is to ask whether the pharmacies had any concerns or saw any red flags. They did, but as many ethical challenges in today’s society, ethics were sidestepped by economics. When local pharmacies began to refuse to fill prescriptions from the clinic, the suit contends the nurse practitioners called the pharmacists and threatened to take their lucrative business elsewhere.

An example given in the lawsuit, one nurse practitioner left this message for one pharmacist who sought further documentation before filling a large prescription of Oxycontin. The prescription called for the pills to be taken every six hours: “Well, I don’t need to send any documentation. If I want to order every two hours, I can order it every goddamn two hours. It doesn’t make any difference.”

The problem is that it does make a difference. Oxycontin is a highly addictive painkiller that goes by the name “Hillbilly Heroin.” As the clinic did with the man who died of morphine overdose, the side effects of overprescribing Oxycontin are profound and deadly.

The Payette Clinic was raided by agents from the U.S. Drug Enforcement Administration in March 2009 after they received numerous complaints that it was prescribing extremely high doses of opiates. The raid came soon after the clinic had prescribed oxycodone to a Gresham man who was sentenced in Multnomah County for selling the drug to teenagers across the river in Oregon. Rachel Daggett, 18, a Sam Barlow High School senior, died Dec. 9 2008, of an overdose from one of the Gresham patient’s 30-mg oxycodone pills.

The investigation found that co-owner Kelly Bell started the clinic after she was fired from an urgent family care practice in February 2005, the lawsuit says. Bell was fired because she started a pain management program against her employer’s wishes. Also after the raid advanced nurse practitioners at the clinic forfeited their licenses to prescribe Class II opiates, including oxycodone, Oxycontin, methadone or morphine for two years.

Seattle Medical Malpractice Lawyer Protect Patients

Medication errors are some of the leading causes of patient injuries and deaths in the United States. Children’s Hospital has recently had similar problems with pain medication overdoses, but at least those were administered in emergency situations with no apparent economic motive. Though the Payette Clinic lawsuit has not specifically eluded an economic basis for the prescriptions, there seems on the surface to have been a deliberate attempt to overprescribe.

Phillips Webster has no involvement these lawsuits.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call theWashington Medical Malpractice Attorneys at Phillips Webster for a consultation on your legal options.

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Anesthesiology Mistake Leads to Medical Malpractice Lawsuit Against Bellevue Clinic

Medical Malpractice, medical malpractice attorneys, medical malpractice law, medication error, Washington medical malpractice lawyers

January 3rd, 2011: Law Blogger

Medical malpracticeIt was supposed to be a surprise for her fiance before their wedding. The victim, Aura Javellana, went to Sono Bello Body Contour Center after she saw an ad saying that their liposuction procedure was safe, straightforward and “virtually painless.” All three ended up being untrue leading to her slow and painful death.

The lawsuit, filed last week in King County Superior Court, accuses Sono Bello and Dr. Marco Sobrino of wrongful death, medical negligence and consumer law violations. The lawsuit echoes a charging document filed in November by the Washington State Medical Quality Assurance Commission, whose case is pending against Sobrino.

According to the lawsuit, Javellana paid the Sono Bello Body Contour Center $8,000 to undergo liposuction of her abdomen, “love handles” and upper arms. Surgeon Marco Sobrino performed the liposuction, but failed to keep track of how much Lidocaine, an anesthetic, was injected into his patient’s body.

Surgical Errors

The victim and her fiancé had agreed to go on a diet prior to their marriage so that they would look good for their wedding. According to her fiancé, they had discussed surgery options, but had not made a decision. Javellana decided on her own that she would take that step alone as a surprise.

She told her fiancé that she was going on a business trip. She then rented a hotel room in Bellevue where the clinic was and went to have the liposuction procedure done. Investigators suspect that she did this with the intent to heal in the room alone and return to the home she and her fiancé shared by the weekend.

During the procedure, medical investigators said Sobrino administered nitrous oxide and a Lidocaine solution without monitoring Javellana, or documenting the amount administered. The doctor also failed to give the patient replacement fluids and track the amount of “material” removed, said the state.

The medical assistant told investigators that the procedure took longer than usual, because Javellana was experiencing pain, and Sobrino had to re-inject solution, the charging document said.

Post Procedure Negligence

Investigators said that after the three-hour procedure Javellana was drowsy and vomiting. She was told an adult should pick her up and stay with her for 24 hours, but not the reason why, the state said.

Regardless of the state of his patient, Sobrino left the clinic, without ensuring his patient was in stable condition. They said he left Javellana with no nurse, only a medical assistant, and without adequate discharge instructions. The instructions also had no follow-up phone number. When no one came to pick up Javellana, Sono Bello staff put her in a cab alone, with no clear idea of where she was going, the state said.

She was dropped off at the hotel where she spent the next twelve hours in her room. It is unknown what she did or what she was thinking in that time. The next day, approximately twelve hours after her surgery, the maid staff went to clean the room and found her on the floor dead, bandages everywhere, and the bed covered with blood and post surgical body fluids.

State investigators blamed the doctor.

Clinic Fires Back

Sobrino told police that he was shocked to hear that she had died, but has not made any further statements, probably under orders from council.

The Corporate Medical Director for Sono Bello, Dr. Garrison said that Javellana’s death was “an unfortunate occurrence … we do not think there was any fault from the clinic.”

Garrison said that Sono Bello’s internal reviews found that lidocaine was used  “well within accepted guidelines” and that the consent form Aura signed lists “death” as a possible risk/side effect of laser assisted body sculpting.

Of course, the risk of death from any procedure is stated in the contractual agreement. Though it is written does not mean that the clinic is completely exonerated from all fault if the patient dies, particularly in cases of gross negligence.

Dani Newman, one of the state Medical Quality Assurance Commission’s disciplinary managers, stated, “Respondent (Sobrino) is responsible for the actions of Sono Bello staff placing his patient – following three-and-a-half hours of laser liposuction surgery under strong drugs – in a taxicab, without an escort or a caregiver, and without clearly knowing her destination.”

As for the said consumer rights violations, the lawsuit claims Sono Bello Body Contour Center’s marketing practices were deceptive.

In the statement Garrison says “we recently learned that a former employee may have provided certain patients with unauthorized statements and information regarding the risks, complications and benefits of laser assisted liposuction.”

The employee has since been fired, but that does not answer where the employee got the marketing materials and who produced the materials. Legal representatives of the plaintiffs in the lawsuit are still looking into the clinic’s involvement in the production of those materials and whether the employee was actually just a fall-guy for that issue in the overall issue before the court.

Washington Medical Malpractice Attorney Protects Patients

According to an autopsy report, the patient suffered acute poisoning from Lidocaine. According to experts this is a very rare occurrence and only happens when there are discrepancies in administering and monitoring during the procedure. The lawsuit, filed on behalf of Javellana’s estate, as well as her mother and sister, seeks unspecified damages.

The state’s charges against the doctor are pending.

This senseless death of a woman in her prime is an example of a series of breeches in procedure leading to her untimely demise. Many times, it is usually not one mistake that leads to a patient’s death, but many, exposing a long standing institutional problem that may have injured multiple patients prior to the victim’s death.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call the Medical Malpractice Attorneys at Phillips Webster for a consultation on your legal options.

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Is Patient Trust of Their Doctor a Major Factor On Whether to File a Medical Malpractice Lawsuit?

Medical Malpractice, medical malpractice attorneys, medical malpractice law, Washington medical malpractice lawyers

November 30th, 2010: Law Blogger

Medical Malpractice AttorneysHow long have you been going to your doctor? Do you trust them? If they made a medical error that may put your future health or life in jeopardy do you think they would look you in the eye and tell you?

If you said “no” to any of these questions then a new study conducted by researchers at the University of Illinois, Chicago, you may be more prone to file a medical malpractice lawsuit against your doctor in the event of a medical error.

Other studies have shown that the disclosure of medical errors is strongly favored by patients and ethically imperative for providers, but it remains rare because providers fear that it will trigger lawsuits and jeopardize their reputation. Only a little is known how the patient will respond to their doctor admitting to a medical error, particularly if there is an offer of settlement.

But it is the patients who must suffer through the repercussions of the error. They also must determine whether the settlement reflects the seriousness of the error. This study did not factor in magnitude, merely the impression and relationship between doctor and patient.

Medical Malpractice Study

The study is published in the November issue of the journal Medical Care. A representative sample of Illinois 1018 residents was surveyed in 2008 about their knowledge regarding medical errors.

They were asked about their confidence that their providers would disclose medical errors to them, whether they would be willing to file a medical malpractice lawsuit, and recommend providers that disclose medical errors and offer to remedy them.

Researchers found that about 40% had personal experience with medical errors or had a family member or close friend who had been affected by a medical error. Only 10% of respondents believed their doctors would be “very likely” to tell them if a medical error occurred. About 25% said they would file a medical malpractice lawsuit if they were told about a medical error.

Those who said they trusted their doctor were no less or more likely to sue. Among respondents who were the most confident that their doctor would disclose the error, 60% said they would still recommend the doctor, compared with 30% of those who were skeptical about medical error disclosure.

In the end the study concludes that patients who are confident in their providers’ commitment to disclose medical errors are not more litigious and far more forgiving than patients who have no faith in their providers’ commitment to disclose.

“It appears that patients’ responses to actual medical error disclosure vary by their perception of the providers’ likelihood to disclose medical errors in principle, rather than the level of information revealed,” Lorens A. Helmchen, of the University of Illinois, Chicago, and co-authors said in a news release from the journal publisher.

Medical Error Disclosure

The findings of the Illinois study, when cross-referenced with other similar studies regarding medical malpractice lawsuits and when patients file them, show that there may not be a problem with lawyers running rampant on the healthcare system, but rather an institutional problem of distrust.

medical malpractice lawyerA study, funded by the Blue Cross Blue Shield of Michigan Foundation and published in the Aug. 17 issue of the Annals of Internal Medicine analyzed the 1995 to 2007 records on more than 1100 malpractice claims and requests for compensation due to medical error.

The study involved researchers from the University of Michigan Health System (UMHS), Brigham and Women’s Hospital, and colleagues and what it did was study the results of a program launched in 2001, which encouraged health workers to report medical mistakes to patients and administrators.

The study found that the average monthly rate of malpractice lawsuits filed against doctors and institutions using this open disclosure technique dropped by more than 50%, from 2.13 per 100,000 patient encounters to 0.75 per 100,000.

Perhaps the most significant change was the time it took to resolve the issue. The costs for liability, including compensating patients and paying attorneys, fell by about 60%. The average cost for lawsuits that were filed decreased, from nearly $406,000 to $228,000.

Medical Malpractice Attorney Represents Patient Rights

What we may want to draw from these studies is that institutions and doctors may be far more reactionary than they have to be. Patients generally seek council if in some way the institution has broken trust with the patient. One way to do that is to go on the defensive and forcing the patient to seek council rather than seeking a solution face to face.

This is a sign that the healthcare system as a whole is finally looking inward for a solution to not only disclose medical errors, but to seriously address the causes by admitting fault. Politicians, doctors, and insurers all say that lawyers are to blame for skyrocketing healthcare costs through medical malpractice lawsuits. What they don’t tell the public is that most of the lawsuits are thrown out of court by a judge before jury selection. Many patients are forced to settle for less than 25% of what’s required to remedy the error. Less than 10% of the lawsuits actually reach the jury phase, where only a fraction of those are publicized because of their large, but fair awards.

The reason why this all came about is because healthcare is a for-profit institution in the United States, so they approach patients like a product rather than a person. It is only with the help of experienced and skilled legal representation that patients are able to receive the justice they deserve from these corporations. The only type of justice a purely profit driven institution understands is that of a monetary sum paid to those they injured to compensate for their negligence.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call the Medical Malpractice Attorneys at Phillips Webster for a consultation on your legal options.

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Is the Electronic Health Record System Increasing Medical Malpractice?

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November 26th, 2010: Law Blogger

Medical MalpracticeThere’s a misconception amongst the public that the legal profession works against the healthcare profession in some way. But with the revelation that as many as 2 million people per year are medically injured or killed due to medical negligence, patients have a constitutional right to seek justice.

Though there have been many attempts by politicians and anti-tort advocates to blame higher medical malpractice lawsuit insurance premiums on medical malpractice lawsuits, what they are avoiding is actually fixing the problem, which is preventing medical malpractice in the first place. That’s what the Electronic Health Record (EHR) was geared to do; bring together a comprehensive record of a patient’s history so that physicians and specialists can all be on the same page and provide the best care possible.

This is a fantastic concept and, beyond what some believe about the legal profession, is a concept that patient advocates applaud. The problem is that it is an evolving technology with many competitors working against each other, thus working against the concept of a system wide uniformity. The industry even runs into the problem of what institutions and clinics are going to call the technology, with some calling it EHR, others calling it electronic medical record (EMR) or and some calling it computerized patient record (CPR). Which actually reveals a lot about the core knowledge of how they are approaching the system since, from a naming standpoint, all of those names are redundant. “Electronic” and “computerized” are kind of a given.

Regardless, this isn’t a new concept, and in fact, integration has been hampered by the very government bill set to address it, the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are very clear restrictions regarding the privacy and security of the information that many say hampers the system.

So, how does this whole system hurt patients?

EHR and Medical Mistakes

There are four major categories that the EHR system is geared to address and all of them have their ways of adding to the problems that it faces. HIPAA tried to address these issues in 1996 and since then legislators have been modifying it. Even the Obama administration has addressed it as part of the recent healthcare overhaul that, since this last election brought in a new roster of anti-healthcare pro-insurance pundits, looks as if its doomed anyway. But with thoughtful and make-sense overhauls some of these problems may be addressed.

EHR Categories and How They Cause Problems:

  • Cost Reduction – Healthcare is a trillion dollar endeavor in the US. Integrating information into a database accessed by healthcare providers under the patient’s authorization rather than spending millions on shipping and research to find out the same info seems effective right? The problem is that updating the database has been taken out of the hands of researchers or professionals and put into the hands of untrained and low paid administrators with no medical knowledge and perhaps even a problem reading the handwriting of the healthcare professional, but no incentive to seek correct information. This leads to misinformation and confusion, which can result in a serious medical mistakes.
  • Quality of Care – The quality of care is the main point of creating the system. It is a one-stop shop for healthcare providers to look up information and communicate with each other. One major component Computerized Physician Order Entry (CPOE) is believed by many in the healthcare field to increase patient safety by listing instructions for physicians to follow when they prescribe drugs to patients. It is believed that CPOE can tremendously decrease medical errors, alone contribute to 200,000 adverse drug events and save about $1 billion per year if installed in all hospitals. One of the problems is just that, no uniform system. Different hospitals or pools of hospitals use one system, but if the patient changes healthcare providers due to a new job their information may not even be available except with the old file method. Suddenly, quality of care becomes a very subjective term since that hard file may have been temporarily or completely ignored.
  • Mobility – Following the patient is the key and ties in snuggly with quality of care because it is in mobility that communication breaks down and where quality starts to unravel. Particularly since the medical community has become a global community. Patients getting liposuction at resorts in Thailand aren’t being subjected to any less of a medical procedure than if it were being done in the US. Thus, if a problem arises, those doctors need to have access to their information so that they know what medication allergies the patient has and what procedures might kill them.
  • Evidence Based Medicine – This has been a hotspot lately in the healthcare vs. tort debate since it was revealed in a study by Harvard Medical Center that only 2.4% of the overall healthcare cost in American is due to medical malpractice lawsuits and that most of that number was due to “defensive medicine.” Not only do these tests cost tax payers a tremendous amount of money, but they are also 80% of the cost of tort over the whole healthcare system. This leaves a “why” gap. Why was each test made and each medicine prescribed? Certainly a physician can’t put, “To cover the hospital’s a**” in the patient’s file to explain tests. Correspondingly, they also can’t put that they prescribed a drug they may have an incentive to prescribe. Justification may be a major sticking point in this issue. Without justification other healthcare professionals may be diverted from the real problem with the patient.

Medical Malpractice Attorneys of Washington Help Victims

The EHR system is far from perfect, but is getting better all of the time. The biggest concern for patients is exactly who gets the information, i.e. insurance companies. During medical malpractice lawsuits, the insurance company holding the doctor’s medical malpractice insurance could be the very same company or a subsidiary as the patient’s health insurance. If that medical information is provided to them then the insurance company could use the patient’s own medical history against them when seeking compensation for negligence.

Phillips Webster is a law firm that helps individuals and families of loved ones who have been seriously injured or killed because of a medical error. It is your right to seek adequate compensation and justice for your pain and suffering to assure that another patient will not have to go through what you and your family are going through.

Call the Medical Malpractice Lawyers at Phillips Webster for a free consultation.

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Medical Malpractice Attorney: Insurers Confirm Lawsuits Down & Tort Reform Had Little Impact

Medical Malpractice, medical malpractice attorneys, medical malpractice law, tort reform, Washington medical malpractice lawyers

October 25th, 2010: Law Blogger

Medical Malpractice AttorneySurprisingly, with all of the attack ads we’ve seen on the television and heard on the radio surrounding this election cycle both in Washington State and around the country, there has been little talk about tort reform. There has been a lot of bantering back and forth with regards to who supported or didn’t support health care reform, but when it comes to the old argument (generally forwarded by conservative pundits) that medical malpractice lawsuits are the cause of rising medical costs and the end of Medicare as we know it, well, it seems the steam has become a high pitched whine.

But the bantering did some damage. Many states passed legislation on medical malpractice compensation that limited how much a plaintiff could receive in a lawsuit. Since then, most of them have been overturned, deemed unconstitutional.

All of the crazed political positioning and the wildly misleading statements surrounding medical malpractice reform can be directly attributed to political contributions to candidates from the insurance industry. But since the Harvard School of Public Health released a giant assessment of the healthcare system in America and found that only 2.4% of the overall annual cost of healthcare in America can be attributed to medical malpractice lawsuits, and less than 1% can be directly attributed to pay outs to patients, legislators and insurance alike have been forced to seek a different cause.

The insurers and anti-tort politicians have been forced to stop blaming the victims and their legal representatives and seek other causes that justify raising medical malpractice insurance premiums. Finally, they may be forced to actually lower rates, thus lowering the cost of healthcare overall.

Insurance Company Admits the Reality of Medical Malpractice Lawsuits

Medical Malpractice LawyerZurich, one of the largest providers of insurance to hospitals, clinics, and independent health care providers in North America have released their internal findings of medical malpractice lawsuits. Data from 1,600 hospitals from 1997 through 2007 in their report shows that medical malpractice claims are declining slightly and the average amount per claim has stabilized.

The report indicates that claims severity, or the average amount per claim, has stabilized over the past several years.  The average annual rise over the past 11 years is four percent. But other research by consumer watchdog group, Americans for Insurance Reform, shows that there has been a 45% drop in lawsuit payouts since 2002. Either way, though Zurich may be skewing the numbers slightly, they still admit that they are profiting quite nicely and that medical malpractice has had little impact on that tremendous profit.

Zurich pointed out that teaching and children’s hospitals have higher claim severity than acute-care community hospitals and outpatient facilities. Non-profit hospitals have the lowest severity; and among non-profits, faith-based institutions (such as any hospital named after a saint) have the lowest severity of all.

“It’s interesting to note that severity does continue to rise among claims valued under $1 million, which are the claims considered more typical within an institution’s loss experience,” said Leo Carroll, head of Healthcare-Specialty Products, Zurich North America Commercial. “While the most severe claims (those valued above $1 million and $5 million) have stabilized overall, the frequency of those large losses has increased slightly.”

Medical Malpractice Lawsuits

Of course, in their report the insurer couldn’t help themselves from throwing a little jab at the new Affordable Care Act, saying, “[sic] tort reform efforts to reduce malpractice lawsuit threats, such as those suggested in the Affordable Care Act, might have limited impact on reducing costs.”

This shows the insurance industry’s resistance to preventative care and the loss of the ability to designate preexisting conditions. This just allows them to redirect their lobbying money from stomping on American’s constitutional rights to seek justice through medical malpractice lawsuits to bolster their ability to avoid paying for treatment.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call the Washington Medical Malpractice Attorneys at Phillips Webster for a consultation on your legal options.

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