Wednesday, 13 of December of 2017

Tag » negligence

Study Reveals Hospitals Stand To Profit Following Medical Complications

By Randy Appleton, VA/NC Medical Malpractice Attorney

What Happened:

A recently published study in the Journal of the American Medical Association found that doctors and hospitals stand to benefit when surgeries go awry. The results showed that medical providers stand to make substantially more money in cases where surgical complications have arisen than in those cases that go as planned. The authors of the piece, all doctors from Harvard Medical School, found that surgical complications increase a typical procedure’s average contribution margin by 330 percent for privately insured individuals and 190 percent for Medicare patients.

The data was collected by combing through records for more than 35,000 surgeries that were conducted at a major hospital in the Dallas area. The results of the surgeries were then linked to hospital bills and the results surprised even the study’s authors. A typical surgery with a privately insured patient yields a profit of slightly less than $17,000. If a surgical complication were to occur, the profit margin would jump to $56,000. For Medicare patients, profits in routine surgeries average $1,900 and jump to $3,300 in the event of a complication.

The authors of the study first got the idea to explore the issue after puzzling over why some hospitals were so reluctant to implement even small changes that had been shown to lead to large reductions in medical errors. The authors wondered whether money might play a role in the decision-making process and were dismayed to find such a powerful connection between profits and patient harm.

The study concluded that the insurance payment system in the country is broken; that paying doctors for the number of procedures performed without taking into account the success rate of the operation is a mistake. The authors suggest that to begin incentivizing medical providers to lower complication rates, insurers should tie their payments to surgical success rates. The goal, according to the study’s authors, is to more effectively tie payment to medical value, ensuring that doctors and hospitals are not rewarded for harming a patient’s health.

The Virginia Injury Attorney’s Perspective: 

Though most surgeons are highly skilled and work hard to do a good job each and every time, mistakes happen that can leave patients seriously injured or even dead. According to statistics from the Institute of Medicine, 98,000 patients die each year due to medical mistakes and costly surgical complications, a far higher figure than should be acceptable.

If you or a loved one has been the victim of a surgical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer for this type of medical malpractice lawsuit. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients. 

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a video explaining some of the common medical errors that can occur during surgery:

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Medical Negligence Led to Birth Defects and Malpractice Suit

By Mark Favaloro, Virginia (VA) Personal Injury Lawyer

On a day that is supposed to be filled with joy and happiness one family suffers heartache and dismay when an obstetrician made an error in judgment and put a baby’s life at risk. To read the full story, follow the link to “Medical Negligence Led to Birth Defects and Malpractice Suit”

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

 


Wrongful Death Lawsuit Filed in Virginia Medical Malpractice Case against Hampton VA Medical Center

An attorney with the Shapiro, Lewis & Appleton law firm wrote about a recent medical malpractice lawsuit in Virginia. A woman is suing the Hampton VA Medical Center because a doctor there allegedly prescribed four months of an antipsychotic drug to her sister who then overdosed. To learn more read Virginia Woman Files Medical Malpractice Suit against VA Hospital for Sister’s Overdose.

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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Ultrasound Devices – the New Stethoscopes?

By Shapiro, Lewis, Appleton and Favaloro, Medical Malpractice Lawyer

My colleague published an article on the ever-increasing popularity of ultrasounds by various medical professionals. The reason the ultrasound has grown in popularity is because it can replace many of the functions of an X-ray or CT scan, which use powerful ionizing radiation that could pose problems for individuals with pre-existing health conditions. To learn more, read the article here:

Are Ultrasounds the new Stethoscopes?

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Over $100 Million Awarded to Birth Injury Victim Suffering from Cerebral Palsy

By Jim Lewis, Medical Malpractice Attorney

A jury awarded the family of a child who is suffering from cerebral palsy due to a premature birth over $100 million. The jury found the hospital and its staff liable for mismanaging the mothers birth. To learn more, read the story here…

Jury Awards Premature Birth Victim and Family Over $100 Million

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Learn How a Life Care Plan Can Have a Major Impact on Your Medical Malpractice Claim

By Jim Lewis, Medical Malpractice Attorney

A life-care plan was a key component to a judge’s decision to award $5.3 million to the family of a victim who suffered a brain aneurysm after multiple visits to a Veterans Affairs Medical Center. Our firm explains what exactly a life care plan is and why it can be helpful during litigation. To learn more, read the story here…

5.3 Million Dollar Medical Malpractice Verdict Shows Importance of Life Care Plan

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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Shoulder Dystocia Injury Info

By Randy Appleton, Medical Negligence Attorney

One of the most memorable moments in life is the birth of your child. Unfortunately, for many parents, this momentous occasion can become a horrific nightmare if their child suffers a life-altering injury from shoulder dystocia. This article explains some of the causes of shoulder dystocia and your potential legal rights. To learn more, check out the article here…

Nightmare in the Delivery Room – The Potential Life-Altering Effects of a Shoulder Dystocia Injury

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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$78 Million Awarded by Jury in Medical Malpractice Case

Richard Shapiro, an attorney with the Shapiro, Lewis & Appleton law firm recently wrote about a medical malpractice case in which the jury awarded $78 million to a three-year-old girl who suffers from cerebral palsy after a delay in her birth caused by faulty hospital equipment. To learn more, read Jury Awards $78 Million in Medical Malpractice Case against Hospital.

by Jim Lewis

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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Extreme Heat, Lack of AC May Have Killed South Carolina Nursing Home Resident

The 85-year-old passed away in Easley, SC, on a day when temperature reached 105 degrees Fahrenheit.

By Mark Favaloro, Carolina Nursing Home Neglect Attorney

People across the nation are dealing with record-high temperatures. Unfortunately, some are less able to deal with the heat than others. That was most likely the case in Easley, South Carolina (SC), on June 30, 2012 at Majesty Health and Rehab.

 


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It appears that one of the air conditioners in the nursing home was not working properly or at all when 85-year-old Eloise Arnold collapsed and later died at Baptist Easley Hospital. Relatives who visited Arnold earlier on the day her death stated residents’ room had no AC units then but were installed the following day.

My condolences go out to Arnold’s family. It is hard to lose a loved one, especially when it is possible that their passing could have been avoided. If it is determined that the nursing home was negligent in not providing ways to keep every resident cool in the oppressive heat, Arnold’s children may wish to file a wrongful death claim on her behalf.

Money will not bring her back, but a lawsuit may protect the remaining residents of the nursing home by encouraging the owners and employees to make sure the health and safety of the residents — rather than the bottom line — is always the home’s top priority.

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

 


Falls by First-Time Nursing Home Patients Linked to Lack of Trained Staff

"Identifying risk of falling is essential for implementing fall-prevention strategies and facilitating successful discharge back to the community," geriatrics researcher says.

By Mark Favaloro, Nursing Home Neglect Victims’ Attorney

The headline “One-Fifth of Nursing Home Residents Fall in First Month” caught my attention, but a detail disclosed in the June 25, 2012, HealthDay article really made me bristle. The online newsletter was reporting on study results published in the May 2012 Journal of the American Geriatrics Society that revealed a majority of falls among first-time nursing home patients occurred in long-term care facilities with fewer certified nursing assistants than recommended by national staffing guidelines.

As this training video from Mercy Hospital in Portland, Maine (ME), shows, preventing falls by elderly and weak patients is almost always possible. All a hospital, nursing home or assisted-living facility needs is enough trained personnel to help patients get out of bed, remain standing and move without losing their footing.

 

 

Researchers reviewed records for 230,730 people who entered U.S. nursing homes during 2006 and stayed for at least 30 days. They discovered that 21 percent – 47,750 — of the individuals fell. As shocking as the numbers themselves are, their import is even more alarming. As lead researcher Natalie Leland said in a press release, “A fall can delay or permanently prevent the patient from returning to the community, and identifying risk of falling is essential for implementing fall-prevention strategies and facilitating successful discharge back to the community.”

As an attorney who has represented several victims of nursing home neglect, I know that too many long-term care facilities are understaffed. Doctors, nurses, CNAs and other care providers rarely intentionally deny patients adequate care, they just get overworked and overwhelmed. Regardless, neglecting patients can never be completely excused. Each nursing home must do what it can to ensure every patient has access to trained staff.

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.