Archive for the ‘Wrongful Death’ Category

Dislodged Tracheostomy Tubes

Sunday, November 13th, 2011

dislodged tracheostomy tube Dislodged Tracheostomy TubesTracheostomy tubes are a standard in modern medical care, and provide the opportunity for patients to survive and thrive who could not do so without the procedure. But the tubes can become dislodged, either through the breathing process itself, simple movements, or the moving and rolling of the patient by medical staff and other caregivers. When a tube is dislodged, the result can be serious brain injury or death.

Dislodged tubes occur much more frequently in patients whose tracheostomy was relatively recent. The problem occurs more often with larger or obese patients. Patients with thick necks are more likely to dislodge a tube. Other factors leading to dislodged tracheostomy tubes include:

  • Low stoma placement
  • High patient movement
  • Loose tracheal ties
  • Traction on ventilatory tubing
  • Use of positive-pressure ventilation on non-compliant lungs

Failure to Timely Recognize Dislodged Tube

When a tube is dislodged, a nurse is generally the first responder. At the first sign of a possible dislodged tube, the nurse (or other caregiver) should send another individual to urgently summon a physician. A dislodged tube also calls for immediate attempts at manual ventilation, and suction with a solution of sodium chloride. This will rule out a mucus plug. Once this is done, to prevent brain damage the nurse should immediately deflate the tracheostomy cuff and take out the tracheostomy tube.

Further attempts at ventilation through the tube should be avoided. If the tube has become dislodged, air can be forced into surrounding soft tissue rather than the lungs, leading to a host of complications from tracheal compression to emphysema.

Moreover, if the tracheostomy is new, only a physician should reinsert the tube, and a nurse should never attempt to reposition the tube. This is because it takes time for the tract to form, and repositioning before the tract has formed can lead to complications as severe as those caused by the failure to act.

Brain Injury Caused by Oxygen Deprivation

If a dislodged tube is not detected in a timely fashion, the patient can suffer an anoxic event – a severe form of oxygen deprivation leading to serious brain injuries.

Therefore, although a dislodged tracheostomy tube is generally not in and of itself a particularly damaging complication, the failure by medical staff to respond promptly to the problem can and does lead to permanent disability and death.

If you have any questions about a possible medical malpractice claim, 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.

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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.

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Elder Healthcare Abuse

Monday, August 15th, 2011

Experts estimate that tens of thousands of elderly Americans suffer abuse each year – in their own homes, in the homes of relatives, and in nursing homes or other facilities designed to provide elder care. In fact there are over 500,000 reported cases of elder abuse each year in the U.S., and this figure does not even include the abuse that goes unreported. Elder abuse can be physical, mental, financial, or sexual – or any combination of these. It can be perpetuated by violence, threats and intimidation, trickery, or simple neglect. Whatever the type of abuse, it is usually the very people entrusted with the sacred duty of caring for these vulnerable individuals who perpetuate the abuse they suffer. Our nursing home injury attorneys have seen far too many cases to doubt these figures, or the severity of the problem.

Why are our elders vulnerable? Well, with age often comes physical frailty, as well as illnesses and physical conditions which affect strength and mobility. As elders lose the physical strength and stamina of their youth, they are less able to fight back physically if attacked. And the knowledge of their physical frailty may leave them too afraid to stand up to abuse if they believe it will lead to a physical attack or confrontation. Elders may also suffer from mental ailments, such as dementia, which make it harder fro them to remember, understand, or report abuse – or leave them wondering if they would even be believed.

One of the more troubling varieties of elder abuse is healthcare fraud and abuse. Depending on the circumstances, the victim of this type of abuse could be the elder herself, or the government, through a payment plan such as Medicare or Medicaid. Types of healthcare fraud and abuse include:

  • Charging for healthcare that is not provided
  • Overcharging or double-billing
  • Accepting fees or “kickbacks” for providing unnecessary referrals, or for prescribing unnecessary medications
  • Overmedicating, to ensure a docile, compliant patient
  • Undermedicating, through pure neglect or for financial reasons

If you suspect that a caregiver, doctor, other healthcare provider, or care facility is neglecting or abusing an elder, look for the signs and symptoms of abuse. If you see these signs, report them – to the agencies listed below, to a trusted physician, or to an experienced personal injury attorney. The general symptoms of abuse include frequent arguments between the elder and the caregiver, a change in the elder’s personality or behavior, and any caregiver’s refusal to let you see the elder in private. Other signs and symptoms, specific to the type of abuse, are listed below.

Physical Abuse

  • Unexplained injuries, particularly if they occur on both sides of the elder’s body
  • Reports of a drug overdose
  • “Leftover” prescription medication
  • Signs of restraint, such as rope marks

Emotional Abuse

  • Rocking, sucking, or mumbling
  • Threatening, controlling, or belittling behavior by a caregiver’s

Sexual Abuse

  • Bruising on the breasts or genitals
  • Venerial disease or genital infection
  • Vaginal or anal bleeding
  • Torn, bloody, or stained underwear

General Neglect

  • Weight loss or dehydration
  • Bed sores
  • Dirt, bugs, soiled clothing or bedding
  • Weather-inappropriate clothing

Financial Abuse

  • Significant withdrawals
  • Missing items or cash
  • Sudden changes in a will, power of attorney, insurance policy, or title
  • Addition of names to a signature card
  • Unpaid bills
  • ATM activity when the elder is home-bound

Healthcare Fraud

  • Duplicate billings
  • Insufficient staff
  • Crowding
  • Inadequate responses to questions
  • Evidence of over- or under-medication

If you notice any of these signs in an elder’s situation, do not delay, and do not second-guess yourself. Although some of these signs and symptoms can mimic dementia (or the caregiver may attempt to justify them that way), it is better to have an expert intervene and be sure. Talk to an injury or wrongful death attorney, who can help you sort out the situation and your options. Or, you can contact the Eldercare Locator’s hotline at 1-800-677-1116 on weekdays from 9 am to 8 pm, EST. You can also contact state Adult Protective Services, which in Illinois can be reached via the state’s Elder Abuse Hotline, at 1-866-800-1409.

So long as your report is made in good faith, the Illinois Elder Abuse and Neglect Act provides that you cannot be held civilly or criminally liable for reporting suspected abuse. Your report could free an elder from a dangerous or demeaning situation. And, once the elder is liberated from the abusive care, she could have a legal claim against her abuser, so that she can receive justice for the harm that was done. In particular, if the abuse or neglect took place in a nursing home or other long-term care facility, there are many legal options available in Illinois.

To discuss a potential case with a lawyer at Passen Law Group, call us at (312) 527-4500 or email info@passenlaw.com.

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