Tag: brain injury

A medical error is a preventable adverse effect of medical care, whether or not it is evident or harmful to the patient. A study by researchers at Johns Hopkins medicine said that medical errors should rank as the third leading cause of death in the United States. Hard to imagine, we know.  Highlighted by the report was a failure to accurately track vital statistics, which hindered research on the subject and more accurate reporting. Researchers called for more detailed coding on death certificates. The hope is to more accurately capture if a medical error is the cause.

This lack of detailed accounting on both injuries and fatalities as a result of medical error and medical mistakes, has led to this very real problem not getting the focus it deserves. Patient safety needs to be a top priority of our healthcare system and legislatures. No one expects to seek medical attention and experience further harm as a result. A sad fact is that it can and does happen. Read on to learn about many types of medical errors that can occur.

Common medical errors

  • Misdiagnosis – An error in diagnosis or delayed diagnosis is the most common type of medical error. Often, a speedy and accurate diagnosis is
    Physicians performing surgery

    essential in starting a proper course of treatment. A wrong diagnosis can cause a dangerous and sometimes fatal delay in treatment.

  • Surgical errors – We’ve all heard horror stories of wrong site surgeries, or even of surgeons operating on the wrong patient. There are many surgical errors that are a result of medical negligence. An example of this is leaving objects, such as surgical sponges or even medical instruments inside a patient’s body after surgery. Puncturing an organ or causing an infection due to a surgical error are other problems that can lead to serious injury, as is failing to properly monitor vital signs. Surgical errors can lead to a devastating outcome for a patient.
  • Anesthesia errors – One of the most serious medical malpractice injuries can come from a negligent anesthesia error. This can sometimes result in brain damage, coma or death before action can be taken. More specifically, anesthesia errors can result in stroke, heart attack, asphyxia, brain injury, birth defects and many more injuries. Giving the wrong dosage of anesthesia, failing to monitor the patient properly, failing to properly administer oxygen or failing to recognize complications are just a few of the anesthesia errors that occur.
  • Medication errors – Medication and other prescription errors can occur at many different stages in the medication prescribing and dispensing process. For instance, an error could be made in ordering or prescribing or in entering the information into a computer. Medication mistakes can also happen when the drug is dispensed or administered or in monitoring the patient. According to the FDA, they receive more than 100,000 reports in the U.S. each year associated with a suspected medication error. Medication errors could result in a variety of injuries from birth defects to adverse reaction, life threatening conditions, disability and even fatality.
  • Errors due to lack of communication – Medical errors and injury may result from the lack of proper communication and coordination between healthcare providers. It can also be a result of lack of communication between a doctor and a patient. Good communication is essential between all parties involved in medical treatment. This is a very preventable medical error that can lead to serious harm.
  • Failure to properly monitor a patient – Failure to monitor could lead to missed medical warning signs. This may result in valuable time lost in properly treating a patient. It may even result in irreversible injury. Monitoring is essential in medical care.
  • Lab errors – Failure to properly read test results can lead to a wrong diagnosis and wrong treatment. This can lead to a dangerous delay in properly treating a medical condition. Errors in testing, reading tests and in communicating results can all cause harm.
  • Medical equipment malfunction – Medical equipment that is not kept in good working order can cause serious harm or possibly death. An example of this might include a case of a malfunctioning defibrillator.
  • Blood transfusions errors – Blood transfusions are high-risk procedures. Errors can occur during the transfusion process. They can occur when identifying a patient, in blood typing, in failing to test for contamination in blood or in failing to recognize a blood transfusion reaction.
  • Birth injuries as a result of medical errors – Every year, tens of thousands of birth injuries occur in the U.S. Birth injuries can include traumatic brain injury or other brain injuries and oxygen deprivation among other errors. A failure to anticipate complications or to diagnose an ailment could be life threatening. Birth injuries that can be caused by medical errors include Hypoxic-Ischemic Encephalopathy or HIE. Cerebral Palsy, and Erb’s Palsy/Shoulder Dystocia are other examples of birth injuries. Medical errors resulting in birth injuries can include a failure to detect fetal distress or a delayed cesarean section. They can also include a delay in diagnosis or the improper use of birthing tools among other errors. Birth errors can have a lifelong impact on children and families.

How can patients better protect themselves from certain medical errors?

The sad truth is that many medical errors are often preventable. Medical mistakes are frequently the result of carelessness on the part of a doctor or another medical professional or healthcare provider. Here are five ways you can protect yourself. 

  1. Be assertive and ask questions – Don’t be afraid to ask. You will want to know the risks and disadvantages of various procedures, side effects of medication and other treatments, etc..
  2. Bring along an advocate – It sometimes gets confusing, and having a family member or friend with you at an appointment can help.
  3. Watch for signs of medical staff fatigue in an understaffed health care facility.
  4. Make sure all medical providers know all of the medication you are taking. Alert them to medication allergies and reactions as well.
  5. Don’t be afraid to ask for a second opinion.

Medical Malpractice

When errors are made in the medical profession, they can result in serious and sometimes fatal consequences. For medical malpractice to be considered in a case, the following must have occurred: harm was suffered by a patient as the result of a medical professional failing to provide a standard of care that other medical professionals would have provided under the same circumstances. If you believe you have been injured by a medical error, it’s important to act quickly to protect your legal rights. Speak to an experienced medical malpractice lawyer who can evaluate the circumstances of your case. A knowledgeable medical injury lawyer can tell you if you have a medical malpractice case.

Click to read more from Distasio, Kowalski & Yelen medical injury lawyers about medical malpractice, medical misdiagnosis, or birth injuries.

Read more blogs on the topic of medical errors

Is cerebral palsy caused by medical errors

Understanding the difference between a birth injury and a birth defect

 

 

 

The Pennsylvania Supreme Court recently ruled that physicians must obtain informed consent. A physician is personally responsible for obtaining informed consent from a patient prior to performing medical procedures. As a result, physicians cannot delegate this duty to other staff members, such as nurses or physician’s assistants.

Informed consent is defined as a formal agreement that a patient signs. The agreement gives permission for a medical procedure after having been told about the risks, benefits, etc. The goal of Informed consent is to be sure that the patient fully understands the procedure or treatment. And is also aware of the risks, benefits and other possible alternatives.

PA Malpractice Lawsuit – Physicians must obtain informed consent

The Pennsylvania Supreme Court ruling that physicians must obtain informed consent came as the result of Shinal v. Toms. This was a medical malpractice lawsuit filed against Geisinger Hospital in Danville. The case came about as the result of a brain surgery that went wrong. Consequently, the surgery resulted in serious injury to the patient. The patient suffered a stroke, brain injury and partial blindness. Most noteworthy according to the lawsuit, the physician’s assistant, not the operating physician, provided the patient with information about the procedure. It was also the assistant, and not the physician who obtained the patients signature on the consent form. Finally, the plaintiff claimed she was never informed of the risks of the surgery or alternative treatments.

The PA Supreme Court ruling outlined that the duty to obtain a patient’s informed consent is a non-delegable duty. The duty belongs solely to the physician conducting the surgery or treatment. “A physician cannot rely on staff to disclose sufficient information required to obtain a patient’s informed consent. Without direct dialogue and a two-way exchange between the physician and the patient, the physician cannot be confident that the patient comprehends the risks, benefits, likelihood of success and alternatives.”

Law Regarding a Patient’s Informed Consent

The PA Supreme Court decision that physicians must obtain informed consent is limited to the procedures mentioned in Section 504 of the Medical Care Availability and Reduction of Error Act. The act specifically states: A physician owes a duty to a patient to obtain Informed Consent of the patient or the patient’s authorized representative prior to the conducting the following procedures:

  1. Surgery, including the related administration of anesthesia;
  2. Administering radiation or chemotherapy;
  3. Administering a blood transfusion and all blood products;
  4. Inserting a surgical device or appliance; and
  5. Administering an experimental medication, using an experimental device or using an approved medication or device in an experimental manner.

Your Rights as a Patient

Physicians must obtain informed consent. It is the right of every patient who needs to undergo a medical procedure, surgery or other medical treatment, to expect to be receive the information necessary about the treatment to make an informed decision. This information should include your diagnosis and the proposed treatment plan. Furthermore, it should also include any and all risks involved with the procedure or treatment, benefits of the treatment and also alternatives to the recommended course of treatment. Finally, a patient should be asked to sign an informed Consent Form only after being informed of all of these risks, benefits and alternatives, and it is clear that the patient understands all of the information.

If a patient is not fully informed of the risks involved with a medical procedure or treatment, and a serious injury occurs as the result of the treatment, the patient may have grounds for a medical malpractice suit. Certain situations may arise where informed consent is not required, such as in the event of an emergency. This may occur when a patient is unconscious and enters the emergency room with the life threatening injury.

Medical Malpractice Injuries

Have a question about the informed consent law, call us for more information. If you have been injured as a result of a medical error and would like to speak to an attorney, contact us today. If you have suffered due to the negligence of a healthcare provider, we can help. Call the medical malpractice attorneys at Distasio Kowaslski in Wilkes-Barre today at 570-970-5400.