Thursday, 19 of October of 2017

Tag » surgery

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.


Article Discusses the Prevalence of Preventable Medical Mistakes

By Randy Appleton, Virginia Medical Malpractice Lawyer

About 25 percent of all hospitalized patients will suffer a harm due to a preventable medical error of some kind. Yes, you read that correctly. A recent news article highlighted the shockingly high number of preventable medical errors that take the lives of thousands of innocent patients. To learn more, read the story here…

Preventable Medical Errors are a Major Problem

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.


Medical Malpractice Lawyer Shares Shocking Info about Retained Surgical Instruments

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

Many people think that a surgeon is duty-bound to state in the operation report if a surgical item was broken off or simply left inside a patient’s body. Wrong. There are no mandatory reporting requirements in operative reports about such incidents in Virginia and many states.  If a patient suffers complications, it’s basically a hide & seek game.  To learn more, read the story here…

“Hide & Seek” When Surgical Tools or Devices are Left Inside Patients

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.


Medical Malpractice Injury Lawyer in Virginia Writes About Missed Cancer Diagnoses Cases

A missed or ignored diagnosis qualifies as medical malpractice.

By Rick Shapiro, Medical Malpractice Lawyer in Virginia

Many people ask my law firm colleagues and I if a missed diagnosis qualifies as medical malpractice. In part to answer this question, an attorney with Shapiro, Lewis & Appleton has published an article highlighting jury awards and settlements for patients who were misdiagnosed or had a diagnosis overlooked by a doctor or medical professional.  Check out “Virginia (VA) Medical Malpractice Attorneys Discuss Misdiagnosed or Failure to Diagnose Cancers, Missed Cancer.”

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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.


Bowel Perforation Injury Info

Complications from a nicked bowel can be excruciating, and some patients must wear colostomy bags for months while recovering.

By Shapiro, Lewis, Appleton and Favaloro, Surgeon’s Mistake Victim Attorney in Virginia

An attorney with the Shapiro, Lewis & Appleton law firm has published an article on cut bowel injuries stemming from careless medical errors. The complications a patient can suffer from a nicked bowel are excruciating. Some patients even have to wear a colostomy bag for months in order for the perforation to hear properly. To learn more, check out “Bowel Perforation During Surgery Can Cause Life-Altering Complications.”

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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 John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Doctors Who Perforated Man’s Colon Ordered to Pay Injured Patient $2M in Damages

A Philadelphia jury determined that during separate surgeries, the physicians made errors that caused the man's lower intestine to tear and rupture.

By John Cooper, Surgical Error Attorney in North Carolina

A Pennsylvania (PA) man who twice had his colon perforated because the doctors performing a colonoscopy and a reparative surgery made errors has won a jury verdict in his medical malpractice lawsuit against the physicians and is set to receive damage awards totaling $2 million.  In both instances, the doctors overinflated the victim’s lower intestine, increasing the internal pressure in the man’s bowels so much that the walls of the colon tore and burst.

A perforated colon or cut intestine can be a deadly surgical error. Bacteria and waste matter leaking from the wound can quickly cause an irreversible and fatal infection. Internal bleeding can also put a patient’s life at risk. In the case just concluded in Pennsylvania, the patient had to have 2 feet of his colon and intestine permanently removed.

The plaintiff’s lawyer, Roy DeCaro of Philadelphia, strengthened his case by calling medical and surgical experts to testify that the defendants had not met the standard of care they owed to the patient. As a medical malpractice and surgical error attorney myself, I know how important presenting medical evidence is in such cases. I congratulate DeCaro and hope the award to the injured patient will make his life easier.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and 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. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. 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 VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Florida Woman Paralyzed Due to Doctors’ Negligence Receives Settlement

The physicians ignored the patient's medical needs and missed what should have been a simple diagnosis.

By Jim Lewis, Medical Negligence Attorney in Virginia

“A 61-year-old East Naples [Florida (FL)] woman who walked to an ambulance in March 2005 and left NCH North Naples Hospital paralyzed has resolved her lawsuit against three doctors.”

That is opening sentence of an October 15, 2011, Naples Daily News article I read with great interest because much of my practice as a Virginia-based medical malpractice lawyer is dedicated to representing victims of doctor’s negligence. Two aspects of the case that I found especially interesting were that the settlement was reached through mediation as the woman and her legal team were preparing for a second civil trial and that the defendant physicians had, according to evidence presented in court, ignored the woman’s pleas for treatment and missed a fairly common and serious complication from inserting a catheter along the spine to deliver anesthesia.

Regarding the mediation, the defendants had won a jury verdict absolving them of liability for negligence when the case first went to trial. Later, the judge set aside that decision and ordered a new trial because he determined that defeat for the plaintiff came in large part because one of the jurors had ignored stern warnings to not research or view news about the case outside of the courtroom. The person who committed juror misconduct consistently lied to the court when asked if he had learned anything he did not hear in testimony.

The evidence of how the defendant doctors ignored the woman’s medical needs and misdiagnosed her also struck me. According to the newspaper, the doctors ignored the woman’s screams of pain for six days because they did not consider her condition serious. When a fourth doctor was finally brought in, that person found that the patient had developed a major abscess and infection along her spine where an epidural had been administered. That injury and infection eventually caused total paralysis. Because the woman has regained very limit movement in her arms and feet, she now has an official lifelong diagnosis of quadriparesis.

While I don’t know all the facts of the case, the errors made by the doctors and the negligence they demonstrated certainly appear to have left their patient in much worse health than she was when first entrusted to their care. When health care providers fail in their duty to treat patients to the best of their abilities, those doctors, nurses, pharmacists, surgeons and others must be held accountable. I’m glad that happened in Florida.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and 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. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. 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 VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Restrictions Placed on Public Access to Medical Malpractice Data Bank

The elimination of a public area of the National Practitioner Data Bank means it will be more difficult to find out if a doctor has been the subject to a medical malpractice lawsuit.

By Jim Lewis, Medical Malpractice Attorney

My colleague Shapiro, Lewis, Appleton and Favaloro has posted a new blog to our law firm’s Virginia personal injury attorneys’ website on new restrictions being placed on public access to a medical databank used for 25 years by insurers, medical boards and doctors. The elimination of a public area of the National Practitioner Data Bank means it will be more difficult for members of the public to find out if a doctor has been the subject to a medical malpractice lawsuit.

DM

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and 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. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. 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 VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Malpractice Protections Unavailable for Patients Who Travel Overseas for Surgery

U.S. laws generally do not apply to health care providers practicing overseas.

By John Cooper, Medical Malpractice Attorney in Virginia

In his latest blog post to our VA personal injury attorneys’ website, my colleague Jim Lewis writes that Americans who go to other countries for low-cost surgeries and medical treatments have almost no chance to bring malpractice lawsuits if they are harmed by negligent doctors, surgeons, hospitals or clinics. U.S. laws generally do not apply to health care providers practicing overseas, and even if a case goes to court, a defendant could argue that the patient voluntarily assumed a high level risk. To read more, click over to “Considering Medical Tourism? Think About the Lack of Malpractice Protections.”

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and 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. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. 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 VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Woman Who Can’t Close Her Eyes Launches Medical Malpractice Lawsuit Against Plastic Surgeon

By Rick Shapiro, Virginia Surgical Error Attorney

When plastic surgery goes wrong the consequences can be serious or even deadly.

But few medical malpractice cases that have led to lawsuits are stranger than that of a woman from New Jersey (NJ) who claims she cannot close her eyes even when she sleep. Now she is suing the plastic surgeon who operated on her, the Daily Mail reported.

Marilyn Leisz, from New Jersey (NJ), said she went to the doctor to have a procedure to correct bumps on her eyelids from a surgery performed by another doctor. She says she was left unable to close her eyes and has launched a medical malpractice lawsuit against the surgeon.

This distressing case illustrates what can happen when plastic surgery apparently goes badly wrong.

There is a misconception out there that plastic surgeons only work for supermodels and celebrities. That is not the case. Many plastic surgeons specialize in reconstructive surgery aimed at helping victims of car crashes, truck wrecks, ATV accidents and burn victims.

As plastic surgery becomes a more popular procedure the numbers of complaints and lawsuits have increased in recent years.

Take, for instance, the case of Dr. Paul Drago, who recently had his license to practice medicine in North Carolina (NC) revoked indefinitely after ten different medical malpractice claims were filed against him. Drago, who is trained to be a ear, nose, and throat doctor, had been performing plastic surgeries on patients, many of which involved permanently disabling surgical errors.

Sometimes a botched plastic surgery or side effects from it can have tragic consequences.  As experienced Virginia (VA) medical malpractice attorneys, we often see the downside of plastic surgery and how seemingly routine procedures can go badly wrong.

Last year we reported on a Virginia wrongful death lawsuit into how the mistreatment of a plastic surgery complication led to the death of a woman from Virginia Beach, VAThe family of the 36-year-old woman who died less than two days after undergoing outpatient cosmetic surgery recently received a wrongful death damage award of $1.95 million when a court in Virginia Beach determined that the surgeon and his clinic staff did not provide adequate follow-up care to the woman.

According to a report in the Virginian-Pilot, the mother of four underwent a breast lift and augmentation, liposuction and other routine plastic surgery procedures on July 30, 2008. She was dead in her home 40 hours later after the staff at Galumbeck Plastic Surgery failed to diagnose, treat or ensure hospital treatment for an adverse reaction or postsurgery infection that affected her breathing and rendered her feverish, dizzy and unable to concentrate.
Plastic surgery malpractice errors can lead to a wide range of serious injuries not to mention emotional damage. They can lead to scarring, infections, deformities, nerve damage, and even permanent disabilities or death. Increasingly they are leading to medical malpractice lawsuits in Virginia.

If you need help with an issue related to plastic surgery or another medical problems call our experienced medical malpractice attorneys.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and 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 o we can return your call. 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.