Archive for October, 2011

Infections After Bariatric Surgery

Thursday, October 27th, 2011

gastric bypass surgery 300x300 Infections After Bariatric SurgeryBariatric surgery, also known as gastric bypass surgery, gastric banding surgery, or weight loss surgery, has become an increasingly common procedure. When the surgery is performed, the stomach is surgically altered to decrease its capacity, leading to weight loss.

The benefits of bariatric surgery can be great. Existing research shows that bariatric surgery generally results in long-lasting weight loss. This in turn can help patients to manage or recover from diabetes, gain better cardiovascular health, and manage or overcome a host of other medical issues. Indeed, the mortality rate for patients who undergo a successful bariatric surgery is between 23 percent and 40 percent lower than pre-surgery.

But the risks of bariatric surgery are also great. Bariatric surgery can lead to complications similar to other major surgeries, including infections, pain, reactions to anesthesia, and blood clotting in the legs (deep vein thrombosis) or lungs (pulmonary embolism). Bariatric surgery also carries with it some unique risks, including:

  • intra-abdominal infection
  • intestinal obstruction
  • abdominal hernia
  • gastric leakage
  • injury to other abdominal organs
  • chronic vomiting
  • low blood sugar
  • heart problems
  • ulcers
  • nutritional deficiencies, anemia, or osteoporosis
  • gallstones

Up to 20 percent of patients who undergo gastric bypass surgery must have future surgeries as a result of complications from the first procedure.  Further, studies indicate that one out of every three gastric bypass patients dies as a result of the original surgery, and those patients who require a second surgery have an even greater risk of death.

All surgeries carry potential risks. But, like many other surgeries and procedures, medical negligence during gastric bypass surgery can cause devastating injury, disability, or death.

Because of the very serious risks of gastric bypass surgery, it is to be used only as a last resort, for those whose weight poses a severe health risk, and who cannot lose weight by other means. Permitting a patient to undergo the surgery who does not meet these criteria falls below the accepted standard of care, regardless of the outcome. Likewise, the failure to inform a potential gastric bypass patient of the very serious risks of the surgery is also a deviation from the accepted standard of care.

Gastric bypass medical malpractice can take many forms. These include:

  • A failure to fully disclose the risks of the surgery
  • A failure to completely rule out all other treatment options
  • Performing bariatric surgery on a patient who does not meet the criteria described above
  • Performing bariatric surgery improperly
  • A failure to immediately identify and treat common complications
  • A failure to continue to monitor the patient well after surgery

If you or a loved one has experienced complications following bariatric surgery, it is important to speak to an experienced medical malpractice attorney. Only by speaking with a top lawyer can you determine whether your case involved routine, unpreventable complications, or was the result of errors or omissions by the medical staff involved in your procedure. An experienced attorney can help you get to the bottom of your particular case, and help you to decide whether to take legal action.

If you have any questions about a serious injury resulting from a medical procedure, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Amniotic Fluid Embolism Syndrome

Thursday, October 20th, 2011

labor delivery malpractice Amniotic Fluid Embolism SyndromeAmniotic fluid embolism syndrome (also known as anaphylactoid syndrome of pregnancy) is a disastrous complication of pregnancy and childbirth. The condition can be triggered by unpreventable effects of labor and delivery, or by medical malpractice at birth.

For an amniotic fluid embolism to occur, three conditions must be present:

  • (1) ruptured membranes of the amniotic sac (a “broken water”)
  • (2) ruptured uterine or cervical veins
  • (3) a pressure gradient from uterus to vein

When and amniotic fluid embolism occurs, amniotic fluid enters the mother’s circulatory system via the site of a uterine trauma (such as a laceration), the placental insertion site, or via endocervical veins, which can occur due to childbirth trauma, abortion, abdominal trauma during pregnancy, or even procedures such as an amniotic fluid infusion. This amniotic fluid may contain fetal squamous cells, fetal mucin, fetal hair, or other fetal “debris,” which can then migrate to the mother’s heart, lungs, brain, kidneys, liver, spleen, and pancreas. The amniotic fluid can trigger inflammation, allergic reaction, collapse of the heart and lungs, shock, or respiratory failure.

Amniotic fluid embolism syndrome occurs very infrequently. In fact, only one patient suffers an amniotic fluid embolism for every 8,000 to 80,000 births. Yet for some reason as-yet unknown, the incidence of amniotic fluid embolisms in the U.S. is on the rise.

And when an amniotic fluid embolism occurs, the results are extreme. First, the victim begins having shortness of breath and very high blood pressure. These symptoms rapidly proceed to cardiac or cardiopulmonary arrest or coma. This is known as the “first phase” of amniotic fluid embolism.

For those victims who survive the first phase (around forty percent of victims), a second phase follows. The second phase of amniotic fluid embolism, sometimes called the hemorrhagic phase, generally involves coughing, vomiting, severe chills and shivering, excessive bleeding, and, if the victim is conscious, a bad taste in her mouth. For those women who have not yet given birth, the reduction of oxygen supply during both phases can lead to fetal distress and danger.

Roughly half of all women who suffer an amniotic fluid embolism die within an hour after their symptoms begin. Overall, the death rate for victims of amniotic fluid embolism is around 80 percent, although around 70 percent of infants survive. Of those women who survive an amniotic fluid embolism, a large majority are left with permanent brain damage.

There are certain risk factors which help to predict amniotic fluid embolisms before they occur. For example, sudden or violent labor, advanced maternal age, delivery via C-section or using forceps or vacuum extraction, placenta previa, placental abruption, cervical lacerations, eclampsia, and enduced labor are all risk factors. Patients who are critically ill, or who suffer from venous thromboembolism, are at particular risk.  The failure to anticipate and protect against amniotic fluid embolism in patients who have one or more risk factors may itself constitute medical negligence.

If you or a loved one has suffered an amniotic fluid embolism, talk to an experienced medical malpractice attorney. Your attorney, working with expert medical advisers, can help you to determine the causes of the amniotic fluid embolism in your case, and help you to decide whether to take legal action.

If you have any questions about a serious injury resulting from a medical procedure, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Paralysis from Neck Surgery

Tuesday, October 18th, 2011

spine surgery paralysis 300x240 Paralysis from Neck SurgerySurgery on the neck or cervical spine is often necessary. Given the location of the surgery — the spinal cord — the consequences of  medical negligence can be catastrophic, including the possibility of paraplegia (paralysis).

Reasons for Neck Surgery

Neck surgery, such as a cervical diskectomy or laminectomy, has become rather commonplace.  Activities of daily living cause a great deal of stress to the human neck, and may cause degenerative changes in the cervical region of the spine (i.e., neck).

Traumatic events, such as motor vehicle accidents, falls, and collisions, can also cause a serious neck injury. As a result, many people suffer nerve damage, herniated discs, or other injuries which may require cervical spine surgery.

Not every neck injury requires surgery.  Oftentimes, doctors recommend conservative therapy or less extreme treatment (physical therapy, pain medication, accupuncture, etc.) before recommending surgery.  Sometimes a particular patient is not considered eligible for surgery (e.g., “not a surgical candidate”).  Other times, surgery is required to alleviate pain or regain lost motor function or range of motion.

Consequences of Injury During Neck Surgery

Neck surgery, if not performed properly, can cause severe and permanent damage, including paralysis. This injury can be caused by surgeon improperly placing pressure on the spinal column, causing nerve damage or a dural leak.  If not recognized immediately, this nerve damage can become irreversible — resulting in paralysis of the limbs.

Patients who suffer paralysis may need special equipment, modifications to their homes and vehicles, and extra care. This is in addition to the often extended medical treatments required to attempt to reverse the paralysis, as well as what is often an extended period of physical and occupational therapy. All this expense is compounded by a loss of income, as patients generally cannot work (or cannot work as much) during this extended treatment and recovery period. Thus, patients face not only extra expenses, but the inability to afford basic living expenses.

A top surgery malpractice attorney can help a patient who has suffered paralysis after neck surgery to determine the causes of her paralysis, whether medical malpractice was to blame, and how to best obtain compensation for her injuries.

If you have any questions about a spinal cord injury, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Driving the Most Dangerous Part of America’s Jobs

Wednesday, October 12th, 2011

When most people think of on-the-job-injuries, they think of falls, working with heavy machinery, factory or construction site injuries, and even chemical spills and exposures. However, the single leading cause of work-related deaths is far more commonplace: motor vehicle accidents.

Over one-third of all work-related fatalities stem from motor vehicles. According to data kept by the U.S. Bureau of Labor Statistics, over 1,300 American workers are killed each year in highway crashes. Over 300 more American workers die each year in crashes that occur on company property, or non-highway roads. And nearly 350 American workers die each year when, as pedestrians, they are struck by cars and other vehicles.

This cost in human life is astounding – and these do not even include the thousands of U.S. workers injured or disabled by work-related motor-vehicle crashes each year.

Yet there is another level of cost, as well. Motor vehicle accidents cost American employers almost $60 billion each year. Each fatality, in addition to the very real personal costs, costs employers over a half a million dollars, while non-fatal motor vehicle injuries cost employers almost $75,000 each.

As our car accident attorneys know only too well, unlike other types of on-the-job injuries, motor vehicle accidents span nearly every job type and industry.

Lack of Regulation

Perhaps most obviously, professional drivers (such as bus or truck drivers) may be involved in on-the job crashes.  But nearly every other type of worker may, frequently or from time to time, driver a work-owned or personal vehicle for purposes of their employment. For example, workers may be sent to call on current or prospective customers or clients, may be asked to drive to purchase or obtain goods or supplies, or may be sent on other errands.

While bus and truck drivers are heavily regulated to prevent crashes, workers who drive smaller vehicles in the course of their employment need only have a valid personal driver’s license.

In this regulatory gap, employers can enact policies that will help reduce the risks for their employee drivers and the public. For example, employers can enact policies that aim to eliminate or reduce distracted driving, a principal roadway risk. Employers can prohibit workers from eating or drinking while driving, talking on cell phones, or texting.

Our car accident attorneys encourage all employers to enact such policies, and provide regular safe-driving training for all employees who drive on the job. In fact, the failure to adopt such policies, particularly when driving is a common part of some employees’ job duties, may well be negligent. If you have questions about how to draft or implement such policies, talk to a qualified attorney.

If you have any questions about a serious injury or wrongful death, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

‘Understanding Distracted Driving’ Aims to Reduce Crashes

Tuesday, October 11th, 2011

distracted driving chart 300x224 Understanding Distracted Driving Aims to Reduce CrashesThe experienced car accident attorneys of Passen Law Group have frequently written about the dangers of distracted driving. Now, a new video series from the National Safety Council, based here in Illinois, aims to fight this problem with honest, straight-talk discussion of the risks.

See chart from The University of North Carolina Highway Safety Research Center addressing the types of distractions facing drivers.

Understanding Distracted Driving

The new series, titled “Understanding Distracted Driving,” is made up of a series of individual videos featuring NSC Senior Director of Transportation Initiatives, David Teater. But Teater is far more than just a talking head.

To the contrary, Teater knows only too well the true personal costs of distracted driving. Teater’s 12-year-old son was killed by a distracted driver in a tragic car crash.

In others, he answers typical questions about distracted driving, provides analysis on how cell phones can cause cognitive distractions, even when used hands-free, and provides advice on how companies can reduce the dangers of distracted driving for their employees.

There are a number of laws in place in Chicago and statewide which prohibit or limit distracted driving. Drivers are banned from using cell phones while driving in the city, for example. Likewise, throughout the state, cell phone use is banned in school zones and construction zones. Texting while driving is also banned, under any circumstances, statewide. And school bus drivers, as well as drivers under 19 years of age, may not use cell phones while driving.

But the reality is far more complex. Those who live or work in Chicago know that the law prohibiting cell phone use is honored more in the breach than in the observance. This is often the case as to the cell phone restrictions statewide, as well.

The true reality is that, while many now know of accidents caused by distracted driving, they do not believe it can happen to them. We urge all drivers to view the Understanding Distracted Driving video series, and to take its messages to heart.

We likewise urge those injured by distracted drivers to take action against the negligent drivers responsible for their injuries. While public awareness campaigns have failed, perhaps the risk of civil liability will succeed to deter drivers from these dangerous behaviors.

If you have any questions about a motor vehicle accident, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.