Sunday, 16 of December of 2018

Tag » patient

Physician Burnout Could Lead to Higher Risk of Patient Injuries and Medical Mistakes

The Institute of Medicine performed a study which revealed preventable medical errors killed as many as 98,000 people every year in the United States. That is unacceptable, especially if some of those medical errors were due to a physician or doctor working long hours.

By John Coooper, Medical Malpractice Lawyer

According to a recent study, “physicians, and particularly residents (who usually carry larger workloads), were at higher risk of burnout than nurses and other personnel,” according to the Los Angeles Times.

In addition, research conducted at Northwestern found that roughly “half of the anesthesiologists surveyed, 55 doctors in all, were deemed to be suffering from “high burnout” or “moderately-high burnout.”

Dr. Tait Shanafelt, a Mayo Clinic hematologist, highlighted the troubling fact that “burnout is associated with malpractice suits.” This correlation makes sense. If a physician or doctor is tired, irritable, or drowsy they are more prone to make medical mistakes that could seriously injure patients.

The Institute of Medicine performed a study which revealed preventable medical errors killed as many as 98,000 people every year in the United States. That is unacceptable, especially if some of those medical errors were due to a physician or doctor working long hours.

All physicians and doctors must be responsible and take the necessary steps to prevent burnout. Why? Because is a doctor or physician seriously injures a patient and a medical malpractice claim is filed against them, the excuse of being tired probably will not prevail in court. In fact, this reason  for medical errors is the type of explanation that the best VA medical malpractice lawyers should look for to have a jury understand why a qualified and experienced physician or surgeon might make a glaring error resulting in permanent and catastrophic harm to a patient.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message and we will return your call promptly. Also be sure to check out our free special report Top 10 Tips from a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC).  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Sentara Mergers Raise Concerns for Patient Safety

Medical mistakes, misdiagnoses, surgical errors and patient neglect can increase when hospital staff are compelled to care more about their facility's bottom line than about caring for patients.

By Jim Lewis, Virginia Medical Malpractice Lawyer

When you hear the word “merger,” you probably, like I do, also hear words like “layoffs,” cost-cutting” and “new management.” Those last three words in hospitals can mean fewer doctors, nurses and other health care staff. They can also mean putting pressure on every employee of one or both merged hospitals to do more with less — less time with patients, less time- and equipment-intensive surgical procedure, less attention to monitoring bed-bound patients or maintaining antiseptic conditions to prevent hospital-acquired bedsores and infections … .

In short, medical mistakes, misdiagnoses, surgical errors and patient neglect can increase when hospital staff are compelled to care more about their facility’s bottom line than about caring for patients.

Sentara, based in Norfolk, Virginia (VA), will soon have nine other hospitals within its system throughout Virginia and North Carolina (NC). Just since 2009, Sentara has completed or announced mergers with private community facilities in Woodbridge, VA, Rockingham County, VA; and Charlottesville, VA.

That latest deal involves Martha Jefferson Hospital, and Sentara promised no layoffs when announcing the planned merger in late September 2010. The hospitals’ chief executives also assured that management would remain local and the decision to combine operations with Sentara represented the desire to provide improved care through the wider use of technologies such as electronic health records and broader access to medical specialists.

For the sake of Martha Jefferson patients, I hope they was correct. Health care providers — be they physicians, surgeons, nurses, technicians or pharmacists — can never find themselves in a situation of putting profits before patients.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message and we will return your call promptly. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC).  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Geriatric Treatment Center With History of Elder Abuse Petitions for Funding

By Randy Appleton, Nursing Home Neglect Attorney

An elderly treatment facility that received a one out of five rating on care quality, largely for failing to “protect patients from injury and abuse,” lost its certification.  Now that facility wants its funding back.  Find out more.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message and we will return your call promptly. Also be sure to check out our free special report Top 10 Tips from a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC).  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Death Blamed on Liposuction, Anesthesia Complications Results in $20M Judgment

Even the most routine plastic surgeries carry risks for death. This gives every surgeon, nurse, technician and other member of a plastic surgery team the highest responsibilities to protect patients.

By James Lewis, Medical and Surgical Malpractice Attorney

A Pennsylvania (PA) appeals court on November 14, 2010, upheld a $20 million jury award to the parents of a teenager who died when, according to trial evidence, neither the plastic surgeon performing the procedure nor the assisting anesthesia nurse took appropriate actions when the patient experienced complications.

Amy Fledderman, 18, who lived near Philadelphia, died in the offices of plastic surgeon Richard Glunk and while under the care of nurse Edward DeStefano. The fatal operation took place in 2001. It was not scheduled for a hospital because, according to Fledderman’s parents, Glunk was unlicensed at the time and had lost hospital privileges.

During the liposuction, Fledderman suffered a punctured artery and an adverse reaction to anesthetics. The surgeon and nurse did not send the patient for advanced hospital treatment for several hours. This delay led to Fledderman’s death, a trail jury found in 2008. The verdict upheld last month included $15 million in punitive damages.

This sad case reminds me very much of a recent one involving a young Virginia Beach mother whose family received $1.95 judgment against a plastic surgery practice whose staff was found negligent in treating surgical complications.

Both the local tragedy and the one in Pennsylvania highlight two important lessons. First, plastic surgeries as routine as liposuction, breast augmentation and vein ablation (varicose vein treatment) are all surgeries. They carry serious risks and sometimes result in death.

That lesson highlights and reinforces the second: Surgeons, nurses, technicians and all members of the surgical team have every responsibility to protect patients from injuries before, during and after procedures are performed. When they fail to meet this duty of care, they must be held accountable.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office is in Virginia Beach, Virginia (VA); we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. While we do not accept every case, we provide free initial confidential injury case consultations. So call us toll free at (800) 752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono public information services.


Few to No Savings to Be Found Through Tort Reform

By Richard N. Shapiro, Medical Malpractice Attorney

My colleague Jim Lewis, a specialist in medical malpractice, notes in his latest post to our firm’s Web site blog that reducing patients’ rights to file claims against doctors, nurses, pharmacists and other health care practitioners would do little to save health care dollars. Citing data from several analyses — the most recent showing that all money related to malpractice, from insurance and so-called defensive medicine to jury verdicts amounted to just 2.4 percent of U.S. health care spending — Jim concludes that so-called tort reform amounts to nothing more than a limit on patients’ rights to seek just compensation for medical malpractice, errors and negligence.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office is in Virginia Beach, Virginia (VA); we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. While we do not accept every case, we provide free initial confidential injury case consultations. So call us toll free at (800) 752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono public information services.


Let’s Put the Seniors in Jail, and the Criminals in a Nursing Home.

Our elderly are being neglected to the point of death, abused, and humiliated in many nursing homes by the hands of those who are paid to protect them. Do convicted criminals have more rights and protection than our seniors? Find out more.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Also be sure to check out our free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.


Defensive Medicine, Fact or Fiction?

 By Jim Lewis, Medical Malpractice Lawyer in Virginia

 

Another study has been published that seems to tout the rise of defensive medicine.  But what is the real issue here?

If doctors are overloading patients with unnecessary tests to avoid possible malpractice claims, and driving up the cost of medical care as a result, wouldn’t that be called insurance fraud, instead of defensive medicine?  The reality is that doctors are ordering sophisticated tests and procedures to diagnose complex illnesses, in which case, it is medically necessary and there is no “defensive medicine” at work.

Basically, some doctors may order unnecessary tests for many different reasons.  But, studies show that so-called “defensive medicine” is not a widespread incident. 

How can ordering a sophisticated test that validly avoids preventable diseases, be considered “defensive medicine?”  If your loved one was sick you would want as many tests done as possible until a diagnosis was made.  Defensive medicine is just another buzz word that doctors and insurance companies throw out there to convince the general public that tort reform, legal changes designed to make it more difficult for injured victims to sue those responsible, are needed.

So why would anyone want to limit the rights of a victim?  The people at fault do.  Negligent doctors and insurance companies have created the myth of defensive medicine as a way to convince the public and lawmakers that malpractice suits make health care costly and unaffordable. 

They then try to pass laws to limit the ability of patients who are victims of medical errors to hold doctors and hospitals accountable for their mistakes.  They expect people to believe that “defensive medicine” will go away, if they are not held responsible for their mistakes.  These changes would greatly affect Virginia medical malpractice lawyers, Virginia doctors, and those in Virginia who have suffered from medical malpractice and are seeking compensation.

A Congressional Budget Office (CBO) report released October 9, 2009, found that there is no evidence of defensive medicine in private managed care systems. 
The CBO report notes that “Imposing limits on [the right to sue for damages] might be expected to have a negative impact on health outcomes.” CBO cites a study that finds that restricting the right to seek compensation for malpractice would lead to a .2 percent increase in the nation’s overall death rate. That means an additional 48,000 Americans killed and more than 400,000 injured by medical malpractice over the next ten years.

The facts are clear. Limiting or severely restricting the ability to file a claim in court for medical malpractice denies justice to injured individuals while benefiting big corporations’ balance sheets.

CA

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Also be sure to check out our free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.


Study Shows When Doctors Admit to Mistakes, Medical Malpractice Lawsuits Decrease

By Jim Lewis, Medical Malpractice Lawyer in Virginia

Recently, while having lunch with a friend. I was told his son was having unexplained fevers and sickness. He took him to a number of specialists and the only thing the doctors could figure out was that the boy had extreme allergies. All the other tests came back negative.

I sympathized with his frustration, but thought about how sometimes, as patients, we expect doctors to be superhuman robots, incapable of making mistakes. The truth is that doctors are human and capable of making mistakes just like us. But when they make a mistake, it can be a matter of life or death, as opposed to, let’ say, a botched finance report. This doesn’t mean doctors should have a free pass when they make an error, especially if it was due to negligence and preventable.

The National Academy of Sciences estimates there are approximately 98,000 medical malpractice deaths each year.  Hearst Newspapers released a study indicating roughly 200,000 people die each year due to preventable medical mistakes. This loss of life is unacceptable and the doctors, nurses, and physicians who caused these medical errors need to be held accountable.

What many doctors may not realize is that a simply apology can go a long way. In fact, a new study reports that doctors who admit making medical mistakes are actually sued less. As strange as it seems, the study showed that most good doctors say that admitting a mistake and apologizing to patients is the ethical thing to do. Patients appreciated the doctor being humble enough to say he was wrong. Patients were able to concentrate on their health as they moved on with treatment.

Some doctors worry if they admit fault, they could expose themselves to a medical malpractice lawsuit. These are the same doctors that falsify tests, lie to the patients’ families and deny wrongdoing even in the face of glaring evidence. It is these doctors the public needs to be wary of. If doctors try to hide their mistakes, then lawsuits may be the only way to bring attention to their poor performance and questionable track record.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Also be sure to check out our free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

CA


Family of Michigan (MI) Man Killed by a Morphine Overdose Wins $4.85M Judgment

Jurors who ruled for Burr Needham's family recognized that malpractice need not be criminal to make health care providers liable for negligence that injures or kills a patient.

A Michigan (MI) jury determined that the failure of a physician and a group of nurses to keep track of how much morphine they had administered to a nursing home patient directly led to the man’s death in 2002.

According to a report in the Toledo Blade, 76-year-old Burr Needham had checked into Mercy Memorial Nursing Center in Frenchtown Township to receive physical therapy for a fractured hip. Evidence presented at trial showed that staff members treating Needham “couldn’t account for morphine given.” Because relatively small amounts of morphine can put patients at risk for breathing difficulties, loss of coordination and even death, doctors, nurses and pharmacists have a strong duty to keep track of all uses of the powerful painkiller.

Administrators at Mercy Memorial have announced their intent to appeal the civil judgment of $4.85 million because no criminal charges were filed following a police investigation into Needham’s overdose death.  As the jurors who ruled for Needham’s family recognized, however, that malpractice need not be criminal to make health care providers liable for negligence that injures or kills a patient.

Patients and their family members must trust doctors and nurses to do everything they can to protect patients. Meriting such trust requires health care providers to ensure patients receive only safe medications in safe doses. When doctors, nurses and pharmacists fail to do so, they must be held accountable.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.