When nursing homes do not have enough staff to safely care for all patients, many nursing home facilities have their current employees work double shifts. Some facilities try to address the staff shortages by using nursing assistants from outside agencies. However, many of these employees are not properly trained or familiar with the safety practices of the facility, which increases the risk of nursing home abuse and neglect.
]]> Adding to the safety issues in New York nursing homes, the state does not currently regulate how many patients can be assigned to a nursing assistant or aide on a given shift. This already puts patients at risk for an injury due to negligence but when nursing homes are short-staffed, patients end up waiting longer to be checked on or they don't receive proper care or medications on time. Unfortunately, when nursing home staff members are overworked and stressed out, they may not be able to provide adequate care for all of their patients.While many nursing home injuries are blamed on overworked nursing aides and understaffed nursing homes, a study found that in New York, not all cases of nursing home abuse and neglect were caused by stress or overworked staff members. The study found that the abuse rate in New York nursing homes is 24 times higher than what was reported to state authorities, and many of these cases were a result of intentional abuse from a nursing home employee.
Nursing home abuse includes ignoring a patient with bed sores or a different injury or illness that requires specific attention to cases of assault or harassment. Abuse and neglect also include medication errors or not receiving the proper type or dose of medication.
Nursing home safety advocates say that New York needs to improve the way they review and investigate nursing home facilites for abuse and neglect because many victims do not report their abuse because they are unable to or they do not feel comfortable reporting it.
Source: Post Star, "Watching out for nursing home abuse, neglect," Jon Alexander, May 18, 2013
]]>A new study found that hospitals actually profit from surgical errors because insurance companies end up paying for longer stays in the hospital that require extra treatment. Researchers analzyed surgical patients in 2010 and found that when a surgical error occured, the patient not only spent more time in the hospital but the patient's insurance company ended up paying a lot more for their care.
]]> The study reported that when a surgical patient's hospital stay increased to 14 days, hospitals were able to make an additional $30,500 more in profits compared to surgical patients who did not suffer from an error or complication. The study also found that patients with private insurance plans paid more for complications resulting from errors compared to patients with Medicare or Medicaid.While the researchers said that hospitals are not intentially committing errors to make more money, the finding that hospitals make more of a profit after a surgical error is still concerning for patients. The researchers said that hospitals and insurance companies should change their payment system and stop rewarding hospitals who have poor patient care to help decrease surgical errors.
The researchers suggested that insurance companies could start rewarding hospitals that provide excellent patient care as an incentive to try and prevent all types of mistakes, including surgical errors. They also recommended that hospitals be required to disclose the rate of errors and complications because it would keep patients informed and force hospitals to improve their care.
Source: The New York Times, "Study: Hospitals profit from surgical errors," Denise Grady, April 29, 2013
]]>Studies have shown that most medical errors happen due to miscommunication between hospital staff workers. Communication errors and doctor errors usually happen when nurses change shifts during a hospital procedure and when doctors do not follow checklists intended to prevent errors and keep the patient safe.
]]> Many patients and family members say they feel intimidated by doctors and nurses, especially when they are in the hospital for a critical health issue. It can be very difficult for patients and their families to feel comfortable enough to ask questions or speak up when they are unsure of the treatment they are receiving. However, patient safety advocates say that it is important for patients and families to understand the medical care they are receiving, and if they have questions, ask now before it's too late.Some patient safety advocates have started giving patients checklists to use during their hospital stay to make sure they understand the treatment they will receive as well as when to ask questions. Included on the checklist is to make sure that patients are turned every two hours to make sure they don't get bedsores or other infections. It also lists that hospital staff need to wash their hands to reduce the risk of infection between patients.
If patients notice any unsafe behaviors by their health care team, they should speak up. If they receive any poor treatment by staff after saying something, take the complaints to hospital administrators to keep all patients safe. While it is not up to the patient to try to prevent medical errors, patients can be aware of potential issues that may put their health and safety at risk.
Source: St. Louis Post-Dispatch, "Medical errors leave devastating impact on families, professionals," Blythe Bernhard, May 5, 2013
]]>All patients are at risk for suffering from a hospital error but what is the most common type of medical mistake cited in medical malpractice lawsuits? The most common malpractice claim that results in a settlement or payment is diagnostic errors. This may be surprising to some but the National Practitioner Data Bank found that 28 percent of medical malpractice payments were for diagnostic errors.
]]> Diagnostic mistakes can be very dangerous to patients. If there is a delay in diagnosing a patient's condition, he or she is more likely to suffer further damage to his or her health as well possible complications from not treating the disease as soon as possible.The report found that diagnostic errors accounted for almost 40 percent of patient fatalities in medical malpractice lawsuits that resulted in payments. In addition, diagnostic errors caused roughly 34 percent of disabilities in patients that filed medical malpractice lawsuits that resulted in payments. This means that diagnostic errors accounted for the most medical malpractice claims where the patient received a settlement for the doctor's or hospital's negligence in diagnosing the patient's condition.
When doctors miss a diagnosis, the patient's life may be at risk. That is why victims of diagnostic errors can take legal action against the negligent parties involved in their medical treatment. Patients should consult a medical malpractice attorney to discuss what legal action can be taken.
Source: New York Times, "Why Doctors Are Sued," Nicholas Bakalar, April 29, 2013
]]>The study found that older patients with Parkinson's disease are in the hospital longer because they do not receive their medications on time, and some don't even receive the correct medications to treat their disease. These medication errors can lead to some patients suffering further damage to their health and even result in their death.
]]> Most people with Parkinson's disease need to take dopamine-replacing drugs throughout the day, which can be difficult when they are in the hospital because they have to rely on doctors and nurses properly administering their doses on time. When these patients don't receive these drugs or if they are given drugs that may block dopamine, their symptoms can become worse and put them at risk for pneumonia and fractures caused by falls.Elderly patients are often given a medication to reduce confusion when they are in the hospital. However, these medications are very risk for individuals with Parkinson's disease because it blocks dopamine and can cause serious side effects for these patients.
Advocates for improving care for Parkinson's disease want hospitals to be more educated and trained on how to safely treat and medicate patients with Parkinson's disease to prevent future medication errors that can lead to serious complications and even death.
Patients and their families are encouraged to discuss their condition and medication needs with the hospital staff but advocates say that the hospital is responsible for keeping the patient safe from errors. Patients with Parkinson's disease who have suffered because of a medication error or other mistake while in the hospital should consult a medical malpractice attorney to discuss their case.
Source: New York Times, "Hospital Danger for Patients with Parkinson's," Paula Span, April 17, 2013
]]>Robot-assisted surgeries have significantly increased during the last few years in U.S. hospitals. Last year, there were roughly 400,000 surgical procedures using the robotic system, compared to only 114,000 in 2008.
]]> How do robot-assisted surgeries work? The most commonly used robot-assisted surgical device has either three or four arms on the robot that surgeons operate with hand controls and a computer system several feet away from the patient. Surgeons use a video camera on the robot's arm to see the patient and use the robot's other arms to perform the surgery with special instruments made for the robot. The most common types of surgeries done with the robot are prostate removal, hysterectomies and organ transplants.Many surgeons support using robotic devices to perform certain surgeries, saying that it is less tiring and surgeons don't have to worry about shaky hands that can lead to mistakes. Advocates of robotic-assisted surgeries say that it is beneficial to patients because they can recover faster after surgery and some patients bleed less compared to conventional surgery.
While there is support for robot-assisted surgery, scrutiny of the devices has increased after reports of problems, including serious complications and patients' deaths after surgery. Safety advocates claim the robotic-devices are not safe to use for all types of surgeries or on all patients. They are also concerned that many surgeons are not properly trained on how to use the robot for specific surgical procedures since the manufacturing company only trains surgeons on how to use the robot but not on specific surgeries. The FDA is currently investigating the robotic-devices to see if patients face an increased risk for complications or death compared to conventional surgery.
The results of the FDA investigation will not be available for a while, but patients who have had complications after having a robotic-assisted surgery should report them and they may be able to take legal action against the hospital as well as the robot-device manufacturer for any mistakes or complications that occurred during surgery.
Source: ABC News, "FDA Probing Spike in Robotic Surgery Problems," Lindsey Tanner, April 9, 2013
]]>Reusing syringes on multiple patients can be very dangerous because syringes can easily spread infections or illnesses between patients. Hospitals are not supposed to share syringes between multiple patients but a recent case in New York shows just how harmful this practice can be and why hospitals need to prevent this type of medical error from happening.
]]> A lawsuit has been filed against the Corning Hospital in New York, the company that owns the hospital and a nurse after several patients were exposed to communicable diseases after a nurse reused syringes on several patients. The allegations against the hospital include claims that a nurse reused saline syringes on 236 patients.The hospital said that once it learned that a nurse was reusing syringes, they notified the patients and had them tested for several communicable diseases. The hospital said that these patients may have been exposed to HIV and Hepatitis B and C, but it will take a while to complete all the testing to know if any patients contracted a serious disease.
Reusing syringes on multiple patients not only puts patients' health at risk but it also violates hospital safety standards. Hospitals are required to follow safety protocols when caring for patients and when safety standards are not followed, patients' lives may be at risk.
Hospital patients who believe they have been exposed to communicable diseases due to negligence or errors made by hospital staff members should contact a medical malpractice attorney to see what legal action can be taken against the hospital and responsible parties.
Source: Steuben Courier, "Corning Hospital Guthrie faces suit over reused syringes," John Zick, March 31, 2013
]]>Despite new regulations reducing the number of hours a resident could work during a shift from 24 to 16, studies found that medical errors have actually increased and more residents report feeling less prepared for their duties. This finding was a surprise to many experts, leaving them to ask why fewer hours lead to more medical errors?
]]> The study reported that while doctors-in-training were working fewer hours, they did not get any more sleep and medical errors reported by residents increased from 19 to 23 percent under the new regulations. Researchers said that there were several reasons residents had more errors despite working fewer hours in a shift. The main reasons included:
The researchers said that it may take some time for residents to get used to the new reduced working hours and safety may improve in the future. However, patients are still at risk under these new rules and it is important for victims of medical errors to understand their rights and what options are available if they have been harmed by a medical error.
Source: Time, "Fewer Hours for Doctors in Training Leading to More Mistakes," Alexandra Sifferlin, March 26, 2013
]]>The study found that drug shortages can also increase the risk of medication errors for hospital patients. Researchers reported that 16 percent of potential medical errors were caused by drug shortages and six percent of medication errors were attributed to drug shortages in hospitals.
]]> Drug shortages cause hospitals and pharmacists extra expenses to try and address the shortage, including working additional hours and trying to find different treatments for patients affected by the drug shortage.During drug shortages, the patients who rely on these drugs for their treatment have to rely on taking lower doses, trying to use a different drug treatment or go without receiving any drug treatment until the shortage is addressed. Drug shortages can cause a patient's disease to progress and cause disease or treatment-related complications that could be prevented by continuing a patient's treatment with his or her proper medication regimens.
What causes drug shortages? Drug shortages are often caused by manufacturing problems, delays in production and drugs being discontinued. Previous studies have shown that drugs used to treat cancer and certain infections are more likely to have a shortage.
Drug shortages put patients at risk for suffering further harm from their illness or disease and when hospitals try to change their drug treatment, it may end up harming the patient more than helping. In other cases, some patients don't receive any drug treatment at all, which can put them at a higher risk for further damage to their health.
Source: Fierce Healthcare, "Drug shortages force increased hospital costs, medication errors," Alicia Caramencio, March 25, 2013
]]>The most common type of retained surgical item left inside a patient's body after surgery are cotton sponges that surgeons use during the operation to soak up blood. These sponges are supposed to be removed before closing up the body but unfortunately, sometimes the sponges are left behind without the patient or surgeon knowing until the patient's health is effected months or years later.
]]> Many patients who have surgical sponges left inside their body suffer from pain, digestive disorders and infections. The complications caused by these sponges can continue for the rest of the patient's life and it can even lead to their death.Hospitals are not required by the federal government to report how often sponges or other surgical items are left inside patients. Research and government studies estimate that it happens between 4,500 and 6,000 times a year and that sponges are the item left inside patients most often, with two-thirds of all retained surgical items being attributed to sponges.
What can be done to stop retained surgical items from being left inside hospital patients? Surprising, these incidences can be prevented quite easily using electronic technology that tracks sponges and other surgical items during operations to make sure nothing is left inside a patient.
Despite the benefits of using this new technology, only 15 percent of hospitals in the U.S. currently use it. A report showed that using a sponge-tracking system in operating rooms would only increase the cost of an operation by $8 to $12. While this is a relatively low cost, many hospitals have not seen the benefits of using this technology and have not implemented a tracking system to prevent these errors from happening.
Surgery patients should understand the risks they face before having surgery and know that they can seek legal action against a hospital and doctor for mistakes and errors that lead to their health suffering. Patients who have been harmed by a hospital or surgical error should consult a medical malpractice attorney to discuss their case.
Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, March 8, 2013
]]>The young man was taking an antidepressant prescribed by a psychiatrist and was also taking a narcotic that had been prescribed by another physician. The psychiatrist reportedly did not know the young man was also taking a narcotic. While he was taking these drugs, this young man then attempted to commit suicide by throwing himself down the stairs of his home. He broke his neck when he threw himself down the stairs.
]]> Believing that the young man's antidepressant influenced his suicidal action, his family sued the psychiatrist who prescribed the antidepressant for negligence. The psychiatrist reportedly settled the case with the family to avoid a jury trial, since a jury might have more sympathy for a young person with a broken neck than a psychiatrist.Many families have sued medical professionals and won. However, courts recognize that the use of prescription drugs is in the hands of patients, not their doctors. A doctor can prescribe a medication, but if the patient does not follow the doctor's directions for how to take the drug, the doctor might not be able to be held responsible for harmful effects to a patient who improperly uses a prescription.
If a patient acts in an unexpected way after taking a prescription drug or misuses a prescribed medication, the patient's family and physician may find themselves in a difficult situation. If the patient's action could have been predicted by his or her physician, the physician may have been negligent in diagnosing the patient and prescribing drugs.
Source: American Medical News, "Physician liability: When an overdose brings a lawsuit," Alicia Gallegos, March 4, 2013
]]>The eighth person reportedly jumped in front of an E train headed into Manhattan and was in serious condition when he was taken to Elmhurst Hospital. The ninth person jumped in front of a downtown 1 train; she also survived and was taken to Harlem Hospital. Just one day earlier, another person died when he jumped in front of an E train at the 23rd St. station.
]]> Considering these recent subway accidents and the subway accident deaths in late 2012 due to people being pushed onto subway tracks, there may be public concern about how easy it is to be injured or killed in a subway station. New Yorkers might question the safety of the subway and wonder whether the Metro Transit Authority is doing anything to make subway stations safer.As the subway is frequented by so many people, it is unlikely that the recent subway accidents will result in a mass exodus away from subway trains. However, if more and more people are injured or killed in the city's subways, there may be a strong reason to change the design of subway platforms.
If the MTA is seen to be negligent in the operation of the subway system, they could potentially be held responsible for injuries or deaths incurred in subway stations, especially in cases in which a person accidentally falls or is pushed into the tracks.
Source: New York Daily News, "Man leaps in front of E train in failed suicide bid," Joe Stepanksy and Barry Paddock, Feb. 25, 2013
]]>One teenager understands the potential for delayed diagnosis from first-hand experience. Nearly one year ago, the teenager experienced a stroke, which occurs more often in older adults. Since he was only 15, his symptoms were initially thought to be related to a severe migraine. However, his pain did not go away and other symptoms developed. Twenty-five hours after he went to the emergency room, he was diagnosed with a stroke by doctors at another hospital.
]]> Once his doctors diagnosed him, they were able to improve his situation by relieving the swelling on his brain. He lost movement of the left side of his body and had to relearn how to perform many functions which he previously did without much thought, like walking and talking.After spending two months in the hospital, he moved onto rehabilitation work. He now says that he is "practically 100 percent." However, he also admits, "I am very, very lucky."
Since teenagers and children experience strokes less often than adults, medical professionals may not diagnose their strokes very quickly. This could be a fatal mistake, since treating strokes immediately is critical.
If this teenager was not diagnosed when he was, it is possible that he would be suffering longer-term impacts of the stroke. If a person is misdiagnosed and his or her quality of life and abilities are affected, filing a medical malpractice suit may be beneficial.
Source: ABC News, "Pediatric stroke often misdiagnosed, treatment delayed," Susan Donaldson James," Feb. 11, 2013
]]>However, the granddaughter suspected that something else might be going on in her grandmother's room at the nursing home. As her grandmother suffers from Alzheimer's and dementia, learning what happened directly from her grandmother may have been difficult. So, she installed a hidden camera in her grandmother's room that collected hundreds of hours of footage.
]]> Some of the video footage showed a particular nurse's aide abusing her grandmother. According to the granddaughter, in one video the nurse's aide "grabbed my grandmother's arm, twisted it back, lifted her off the bed and slammed her into the bed." As a result of these abusive actions, the nurse's aide was charged with endangering the welfare of a physically disabled person. Though she was arrested, she was "released on her own recognizance."Once the granddaughter viewed the video of her grandmother being abused, she asked the nursing home to transfer her grandmother to the emergency room, as it would be safer. This woman is now safe in another nursing home.
However, this woman could have been even more seriously harmed when the nurse's aide abused her. When family members move a loved one into a nursing home, they expect that the nursing home staff will care for their loved one and ensure their loved one is safe. If this turns out to not be the case, family members may be very frustrated with the nursing home. Seeking compensation for damages inflicted as a result of nursing home abuse or neglect may be worthwhile.
Source: 7Online.com, "Woman says grandmother abused at nursing home," Matt Kozar, Feb. 15, 2013
Our firm handles nursing home abuse cases similar to the one described in this post. To learn more about our practice, please visit our personal injury website.
]]>A New York doctor from the Syracuse area is faced legal charges after a patient using psychiatric drugs died. A jury accused him of causing the patient to commit suicide because he overmedicated him with the drugs. Pharmaceutical companies apparently paid the doctor big money to promote these medications to other physicians.
]]> During the medical malpractice trial, the 61-year-old doctor admitted that he received over $200,000 over the course of nine years from pharmaceutical companies that paid him to encourage other doctors to prescribe their drugs. Unfortunately, this practice of doctors working as drug sponsors is not uncommon.This isn't the first time doctor has seen trouble in his professional life. He was reprimanded by the state of New York earlier this year for his practice of writing prescriptions to patients without seeing them for an exam. He was also cited this year for alcohol and drug abuse.
Testimony revealed that the doctor prescribed many drugs, including antidepressants, to the patient and put him an overdose of medication before he committed suicide. Prescription continued for some 10 years without the doctor actually seeing the patient. The jury found in favor of the deceased patient's family and awarded them $1.5 million.
Although the practice of being a promoter for drug companies is not illegal for physicians, it does raise the question of whether doctors believe in the drug or are simply in it for the paycheck. Patients who are injured by drug errors stemming from this industry custom, should be able to recover compensation if the doctor or prescribing professional acted negligently in any way.
Source: Syracuse.com, "Doc faulted for overmedicating patient made big bucks teaching other docs how to prescribe," James T. Mulder, Dec. 29, 2012
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