Preventable medical errors can cost you your health and possibly even your life. Each year people across the country die or are severely injured due to preventable medical errors. While we look to medical providers to diagnose and treat us, preventable medical errors can and do happen in healthcare settings. A new study detailed in an article by Yale University reported that most hospital medical errors involve poor monitoring or management of medical conditions. Diagnostic errors and errors related to surgery and procedures are also prevalent. While any medical error can be dangerous, there are some that are more common and can be more harmful.

Delayed Diagnosis or Misdiagnosis

A timely, accurate diagnosis is critical to your getting proper medical care. A fairly common medical error, delayed, or the wrong diagnosis can result in severe harm to a patient. Misdiagnosis may occur because a healthcare provider failed to ask the right questions or order adequate testing for a patient. A busy physician might order tests, but then fail to review thoroughly. Even if an accurate diagnosis is eventually made, a delay in diagnosis on the part of a healthcare provider can lead to the loss of valuable time in treating a serious illness.

Protect yourself from delayed diagnosis or misdiagnosis

  • Take an active role in your care. Advocate for yourself, and ask questions. Being involved as a patient can be very important in preventing diagnosis errors. Follow up on test results and speak up if you have doubts.
  • Provide a full medical history. If you feel your medical provider is not asking enough about your history, speak up and provide as much information as you can.
  • Don’t be afraid to ask for a second opinion. Quality healthcare professionals support that decision.
  • Bring a family member to appointments or to the hospital to ask questions and help get information from your doctor.
  • Educate yourself and research your symptoms.

Medication Errors

According to the FDA, a medication error is defined as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Medical errors are one of the most common, preventable medical errors. Medication errors can occur when a patient gets the wrong medication or the wrong dosage. This error can occur on the part of a doctor writing a prescription or entering medication into a computer system, a nurse dispensing medication to a patient or a pharmacist error in filling a prescription. Medication errors are also caused by incorrect labeling on the part of a drug manufacturer.

The FDA has put many safeguards in place to help prevent medication errors. This includes barcodes that allow healthcare professionals to verify the right drug and dose is being given to a patient. They have also published guidelines to help manufacturers design drug labels and packaging to minimize or eliminate hazards that lead to medication errors.

To be proactive in helping to prevent medication errors, the FDA recommends that you:

  • Ask your doctor the name and purpose of any drug you are prescribed, as well as the risks and potential side effects. Ask about drug and food interactions as well.
  • Be sure you understand the directions in taking the drug, dosage, etc.
  • Check the container label each time you take a medication. Don’t transfer medication to another container, so you can always check the original label.
  • Keep an updated list of all of the medications you are taking.
  • If in doubt about medication, double-check with your pharmacist or another healthcare provider.

Surgical Medical Errors

Mistakes during and after surgery can have devastating results. This includes medical complications and possibly even death. Surgical errors can include wrong-site surgery, wrong operation, operating on the wrong part of the body, leaving a foreign object in a patient, or operating on the wrong patient. Post-surgical errors can include neglect in providing proper post-op care.

Protect yourself from surgical errors

  • A common theme for protecting yourself from medical errors is asking questions. Fully understanding your procedure and treatment can help you catch potential problems. Talk to your surgeon about the details of the procedure.
  • Research your procedure.
  • Take notes and detail everything.
  • Request medical staff show you where they will be performing surgery and mark the spot.

Anesthesia Errors

Errors involving anesthesia can cause permanent injuries or death. They can include failing to evaluate a patient’s medical history for possible complications or failing to provide proper instructions. Administering the wrong dose of anesthesia, improper placement of breathing tube, or not properly monitoring a patient on anesthesia are other potential errors.

Be proactive with speaking with your anesthesiologist before surgery

Be sure you are supplied specific instructions prior to surgery that addresses preparation. This might include not eating or taking certain medications. You will meet your anesthesiologist on the day of the operation before surgery. If you have questions or concerns, be sure the anesthesiologist addresses all of your concerns.

Childbirth Medical Errors

Childbirth errors can have tragic results, harming both the mother and child. Birth injuries that may result from medical errors or medical malpractice include cerebral palsy, brain injuries, paralysis, and bone fractures.

Childbirth medical errors that can cause serious harm include:

  • Not anticipating possible pregnancy and birth complications.
  • Failure to diagnoses a medical condition or birth defect.
  • Failure to respond to fetal distress.
  • Not performing or delay in performing a cesarean section.
  • Incorrect use of vacuum extractors or forceps.

To ensure proper care during childbirth:

  • Seek regular prenatal care. Regular check-ups with your obstetrician and early detection of potential problems will help prevent complications. Be sure your doctor is carefully monitoring your health throughout your pregnancy.
  • Eat a healthy diet.
  • Determine whether your selected medical professional is qualified to handle your birth. Are they skilled and experienced in handling birthing complications should they arise? Talk extensively with your obstetrician about your options and be well-prepared for delivery.

Lack of coordination between healthcare providers

In today’s medical world there are often multiple healthcare providers taking care of one patient. Communication and coordination are critical to the safe and successful treatment of a patient. A mistake in or lack of communicating can result in testing, treatment, medication, and other medical errors. Be sure your healthcare providers are all on the same page when it comes to your treatment.

Get help if you are the victim of medical errors

The most common contributing cause of medical errors is human error. A lack of training, fatigue, or simple carelessness can all contribute to medical errors. Charting and lab errors are common and can lead to patient injury. When there is a breach of duty on the part of a medical professional to provide competent care, it could be considered medical malpractice. If a medical error has injured you or someone you love, you need the help of medical malpractice attorney. A qualified medical error attorney can help when dealing with hospitals and their insurance company. The medical injury attorneys at Distasio & Kowalski can provide a free, confidential consultation. Our medical malpractice lawyers will work to determine if the injuries caused were due to medical negligence.  Contact a medical malpractice attorney at Distasio & Kowalski in Wilkes-Barre today.

 

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

 

 

 

Cerebral palsy is a lifelong and serious neurological disorder that is often caused by a lack of enough oxygen reaching an infant’s brain during labor or delivery. Head trauma before, during or shortly after birth can be a cause. While not all cases of cerebral palsy are caused by medical error, some certainly are. Medical errors or medical malpractice during labor or delivery can sometimes result in hypoxia, or insufficient oxygen to the brain, or asphyxia, which is insufficient oxygen to the body. The Centers for Disease Control and Prevention suggest that 85 to 90 percent of cerebral palsy cases are congenital, or occur before or during the birth.

Cerebral palsy impairs muscle coordination and body movement. Harmful side effects of cerebral palsy can include breathing problems, trouble swallowing, speech impediment, as well as vision and hearing problems. Other side effects include cognitive impairments, seizure disorder, learning disabilities, and inability to control the bladder or bowels and more. 1 in 323 babies in the U.S. is diagnosed with cerebral palsy. This is according to the Cerebral Palsy Alliance Research Foundation.

Types of cerebral palsy

  • Spastic Cerebral Palsy – The most common form of CP, it accounts for for 70-80% of cases. Symptoms include stiff and tight muscles. Those suffering from spastic cerebral palsy may have difficulty moving from one position to another. They may have trouble controlling muscles that are needed to perform tasks such as holding an object or speaking. Spasticity is due to damage to the motor cortex of the brain before, during or after birth.
  • Dyskinetic Cerebral Palsy – This form of CP is characterized by involuntary movements, such as twisting and repetitive movements, slow movements or unpredictable movements. It results from damage to the basal ganglia of the brain.
  • Ataxic Cerebral Palsy – Ataxic is characterized by shaky movements that may appear disorganized or jerky, as well as a difficulty in maintaining balance. Ataxia causes an interruption of muscle control in the arms and legs, causing a lack of balance and coordination. It has an impact on the movements required for day-to-day activities. Ataxia results from damage to the cerebellum. 

Medical errors that may result in cerebral palsy

  • Failing to properly monitor the mother or infant before, during or after childbirth.
  • Failure to identify fetal distress by not properly monitoring the fetal heart rate during labor and delivery.
  • The medical mistake of failing to identify and properly treat infections in the mother during pregnancy.
  • Delayed diagnosis and treatment of maternal medical conditions or infections.
  • Failing to identify an umbilical cord prolapse, a birth complication that occurs prior to delivery. Prolapse is when the umbilical cord drops through the open cervix into the vagina ahead of the baby. It sometimes getting trapped against the baby’s body.
  • Medical errors regarding cesarean sections. This can include delaying a cesarean section needed due to an emergency or failing to perform a cesarean section in a high-risk pregnancy. Failing to perform a C-section when the baby is too large to deliver vaginally may also cause an injury. Medical mistakes relating to C-sections can lead to serious birth injuries.
  • Medical negligence in using medical instruments or equipment. This can include the improper use of forceps or vacuum during delivery.
  • Medication errors or the uses of medication that was inappropriate or dangerous for the mother or baby.
  • Inadequate monitoring of the mother and baby when anesthesia is used.
  • Medical diagnostic errors, such as incorrect reading of test results. 

Providing a child with cerebral palsy with the appropriate care can take a toll on a family, both financially and emotionally. Cerebral palsy often requires a lifetime of care. Costly rehab, therapy and home care, as well as other medical expenses can become burdensome to an already struggling family. If your child has been diagnosed with cerebral palsy or is exhibiting symptoms of cerebral palsy, and you suspect medical malpractice, contact an experienced birth injury attorney today for help. 

The burden of proof in birth injury cases 

It’s hard to imagine that with just a single medical error, an infant’s life can be permanently harmed. The plaintiff has the burden of proof in a birth injury case. Therefore, a plaintiff must do more than just prove that a child suffers from cerebral palsy. A medical expert is needed to testify as to the specific cause of the disability. The medical expert will also determine whether it is a result of medical error or medical negligence. A doctor or hospital failing to provide the accepted standard of care may be a factor in a cerebral palsy birth injury. Responsible medical parties in a cerebral palsy medical malpractice case can include an OB-GYN, surgeon, doctor, nurse, hospital or healthcare clinic or others.

Statute of limitations in Pennsylvania cerebral palsy cases 

If you feel your child was the victim of medical negligence or has cerebral palsy as the result of a medical error you may be entitled to compensation for those injuries, as well as resulting medical treatment. It is not too late to hold the responsible medical providers accountable for their negligent actions. A statute of limitations establishes the deadline for filing a lawsuit. If the injured victim is a minor at the time the injury or accident occurred, such as in the event of a birth injury, the statute of limitations does not begin until the victim turns 18. An injured child or minor has 2 years to file a lawsuit after they turn 18.

If your baby has been diagnosed with cerebral palsy and you believe that medical error or hospital error could have been the cause, you need to contact a medical malpractice lawyer. An experienced cerebral palsy birth injury lawyer can review the details of the case and help determine if medical negligence did cause your child’s birth injury. Medical errors leading to cerebral palsy can occur during pregnancy, labor and birth. They may also occur immediately following the birth of your baby.

Distasio & Kowalski medical malpractice lawyers

The birth injury lawyers at Distasio & Kowalski in Wilkes-Barre can help you to obtain the compensation you deserve. It is our goal to help your family overcome the lifelong difficulties associated with cerebral palsy or other birth injuries. This can include compensation for past and future medical expenses and caretaking costs, as well as for pain and suffering. We are a personal injury firm dedicated to getting injury victims the best possible legal results and holding medical professionals accountable for the harm they cause.

Read more on birth injuries and medical malpractice compensation on our website. Learn more about the early signs of cerebral palsy and screening on the CDC website.

It’s usually one of the happiest times of a couple’s lives. Expectant parents anxiously preparing and awaiting the birth of a new baby. Tragically, excitement can quickly turn to heartbreak for parents when something goes wrong and an infant is born injured or suffering in some way. It’s an important time to be sure you understand the difference between a birth injury and a birth defect. While this is a confusing time for new parents, filled with a mix of emotions, it is important to determine the cause of your baby’s suffering. Knowing the difference between a birth injury and a birth defect can be very important in determining if there was any medical negligence involved in harm caused to your baby. If there was negligence or a medical error, you may be eligible for compensation for those injuries and for ongoing medical treatment for your newborn.

What is a birth injury?

Birth injuries usually happen during or immediately after the labor and delivery process. Injuries could possibly result from excessive force or trauma during delivery. Birth injury may also result from failure to monitor the baby for fetal distress or from other medical errors or substandard care during or after the birthing process. This can include misdiagnoses or failure to diagnose potential complications during pregnancy and delivery. It may also include delayed C-section and mistakes involving forceps, vacuum or other birthing tools, among other medical errors. Unlike birth defects, birth injuries are preventable in many cases, depending on the circumstances. Right Diagnosis from healthgrades reported that 7 out of every 1,000 children born in the United States are born with birth injuries each year.

Some examples of birth injuries include:

  • Hypoxic-Ischemic Encephalopathy or HIE
  • Cerebral Palsy
  • Erb’s Palsy
  • Brain damage
  • Head trauma
  • Infection
  • Nerve damage
  • Paralysis
  • Fractures

What is a birth defect?

Birth defects occur as a baby is still developing in the mother’s womb. That’s a main difference between a birth injury and a birth defect. Birth defects are medical conditions or abnormalities that could occur as a result of a variety of causes. This can include certain genetics, infections, exposure to chemicals or drugs, or possibly unhealthy lifestyle choice. Birth defects can have serious and lasting effects on a child.

Examples of birth defects can include disorders such as brain damage, Down syndrome, spina bifida, congenital heart defect, cleft lip or palate, limb or cranial abnormalities, and metabolic disorders. The CDC estimates that birth defects affect one in every 33 babies. This is about 3 percent of all of the babies born in the United Sates each year.

What to do when your infant suffers a birth injury

Sadly, birth injuries are far too common and can mean life-long health consequences for your child. Distasio, Kowalski & Yelen personal injury attorneys see the tragic effects that medical errors have on the lives of families in our area. Bringing a child into the world should be a joyous event. It should not be marred by substandard medical care. Doctor’s and other healthcare providers have a “duty of care” to uphold when treating patients. If they fail to provide that established standard of care, they can be held liable for injuries that occur. It’s time to call an injury attorney.

Getting legal help for birth injuries

We hope this helps you to better understand the difference between a birth injury and a birth defect. If you suspect that your newborn may have been injured as the result of medical negligence or a medical error, you should consult with a medical malpractice attorney. Although you are emotional and overwhelmed when you are dealing with a seriously injured child, you owe it to yourself and your family to determine the cause of the injuries. You want to hold the responsible party accountable. You also want to ensure that the long-term medical and emotional needs of your child are met. An experienced personal injury lawyer will be able to assess your situation and help you explore your legal options.

Medical negligence can lead to birth injury or the death of a child. A birth injury can affect the quality of life of a child, as well as an entire family, resulting in a lifetime of medical treatment and financial hardship. It’s imperative that an experienced birth injury attorney determines if your child is suffering from a preventable birth injury or unavoidable birth defect.

Statute of limitations for birth injury cases in Pennsylvania

The statute of limitations is a time period in which you can legally file your birth injury claim. In Pennsylvania, the statute of limitations for a medical malpractice suit is two years. However, when the patient is a minor, the Minor’s Tolling Statute allows for added time if the patient is under the age of 18. The two-year time limit would begin to run on the child’s 18th birthday.

For more information on your legal options in a birth injury case, contact the Wilkes-Barre personal injury lawyers at Distasio, Kowalski & Yelen toll free at 855-970-5400.