Archive for the ‘Medical Malpractice’ Category

Alcoholism and Medical Malpractice

Tuesday, May 8th, 2012

New research has confirmed, yet again, that many physicians in high-stress professions – such as surgeons – suffer from alcoholism at alarming rates. Now, a new study has also shown what experienced medical malpractice attorneys such as those at Passen Law Group have long known: that this alcoholism leads to increased rates of medical error.

This new study focused on surgery, one of the most high-stress medical specialties. Surgeons have one of the highest percentages of emergency calls, the highest percentages of after-hours work. Surgical work itself is also considered one of the most demanding medical jobs during work hours. Surgery is thus a specialty with one of the highest rates of alcoholism. In the past, although the link between alcoholism and surgery has been studied and acknowledged, experts adopted a “who knows?” attitude as to whether there was a connection between alcoholism and surgeons’ job performance.

Thanks to this latest study, however, we now know what our Chicago medical malpractice lawyers have long considered obvious. Surgeons who exhibited signs of alcoholism were a whopping 45 percent more likely to have committed a major medical error within the three months preceding the study.

The study was based on a sample of about 7,200 surgeons. Fifteen percent of those surgeons exhibited signs of alcohol abuse or dependency. Interestingly, the rate was around 14 percent in male surgeons and 25 percent in female surgeons, although the study revealed no explanation for this disparity. Prior studies have shown that about 9 percent of the general population has these problems. Surgeons with signs of alcohol addiction also showed signs of depression and burnout.

Perhaps even more significantly, 77 percent of those surgeons who had made a major medical error in the past three months were among the surgeons who showed signs of alcoholism. Whatever those in the medical profession may wish to believe, this reveals an enormous problem which the profession must confront, for the safety of patients and the public.

Because the 7,200 surgeons studied were those who chose to respond to the study, the researchers believe that their results may actually have underestimated the rate of alcoholism, and connected medical malpractice. This is because many of those who engage in alcohol abuse may have chosen not to respond due to shame or guilt.

If you or a loved one have been a victim of a major medical error, particularly in connection with a surgery, it is entirely possible that your surgeon’s alcoholism or alcohol abuse may have been a cause of your injuries. That is why it is crucial that you speak to an experienced medical malpractice attorney as soon as possible. Your attorney will help you to fully investigate how your medical error occurred, and determine whether a factor such as alcohol abuse may be responsible for what appears to be an unavoidable complication. Your attorney can then help you decide whether to bring a legal claim to recover for your injuries.

For a free consultation with an experienced Chicago medical malpractice lawyer at Passen Law Group, call us at (312) 527-4500.

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AARP Takes a Stand on Hospital Errors

Wednesday, April 25th, 2012

There is no denying that the AARP is a powerful force in American politics. That is why the Chicago medical malpractice attorneys of Passen Law Group are so encouraged to see the AARP speaking out on medical malpractice in American hospitals. We hope that, with the attention and pressure the AARP can bring, hospitals will at last get serious about stopping preventable medical errors.

The estimates provided in the AARP’s report may shock many of the organization’s members, but they are well-known to our experienced medical malpractice lawyers. For instance, the AARP notes that about 100,000 Americans are killed each year, in U.S. hospitals, by preventable medical errors. Indeed, one in seven hospitalized Medicare patients suffers a serious medical error – and nearly half of these errors are classified as “preventable.”

Other studies have found that one-third of hospital patients suffer some sort of medical harm during their stay. Indeed, an astonishing 40 times per week, a U.S. surgeon performs surgery on the wrong body part – or the wrong person entirely.

In short, as the AARP emphasized, the number of deaths from medical malpractice in the U.S. each year is the equivalent of four fully-loaded jumbo jets crashing – each week. If these crashes were occurring, U.S. residents would not sit calmly by, but would demand that the problem be fixed. Yet because hospital deaths are less visible, the public outcry is missing.

The AARP has also taken aim at the culture of concealment in U.S. hospitals, noting that the U.S. Department of Health and Human Services estimates that around 86 percent of medical errors are not reported.

Many solutions to this ongoing problem have now been proposed – several of which we have previously discussed – including the use of safety checklists, making data on medical errors publicly-available, and simply forcing all hospital workers to regularly wash and sterilize their hands. The AARP’s members may be shocked to learn that studies show that only roughly half of hospital workers follow established hand-washing guidelines. In any other industry (take airline pilots, for example), workers would be fired or at least disciplined for failing to follow basic safety procedures. So why is this disregard for safety permitted to persist in hospitals?

So, how can patients protect themselves from hospital medical errors? The AARP makes several suggestions, including:

• Do not assume that hospital workers know who you are or why you are there.
• Bring or hire an advocate to be with you, particularly at admission and checkout.
• Keep track, in writing, of all medications, when they are taken, and who prescribed them, as well as the names of all individuals who participate in your care
• Bring hand sanitizer with you, and keep it visible by your bed.

Our experienced medical malpractice attorneys would also recommend other measures: first and foremost, insisting that each doctor, nurse, and other worker wash his or her hands immediately upon entering the room. Most importantly, stay involved in your care. Ask questions, be assertive, and ask to speak to other doctors or staff when necessary.

For a free consultation with an experienced Chicago medical malpractice lawyer at Passen Law Group, call us at (312) 527-4500.

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Doctors Fail to Advise Young Cancer Patients on Fertility

Tuesday, April 24th, 2012

There is no denying that the various forms of treatment for cancer are essential, and often lifesaving. Yet these treatments also often have very serious side effects – including reduced or lost fertility. This is particularly true of treatments such as chemotherapy, and radiation to the woman’s pelvic area.
Physicians treating cancer patients are obligated to fully discuss the potential side effects, including this potential effect on fertility, prior to beginning treatment. Indeed, the American Society of Clinical Oncology’s guidelines state that doctors must address the risk to fertility, and the possibility of fertility-preservation procedures, prior to cancer treatments.

It has recently come to light, however, that many physicians are simply failing to address this issue with cancer patients – particularly young women.

This omission would be bad enough if it were simply the failure to make patients aware of the risk. But this omission is made even worse by the fact that there are viable pre-treatment options for preserving fertility, if a woman is fully informed and chooses this route. For instance, a young woman faced with cancer treatments can choose to freeze and preserve eggs prior to beginning treatment, or even freezing and preserving embyos, if she has a partner with which she wishes to have children one day.

Researchers have discovered, however, that only about 4 percent of women 40 are younger have proceeded with procedures to freeze and preserve embryos or eggs prior to beginning cancer treatments. This figure alone is not shocking – until you compare it with the more than 50 percent of women in this same group who stated that they wanted to have children at some point after treatment.

This recent research found that only 61 percent of affected women were counseled by their doctor about the potential effects of treatment on fertility and their options for preserving their post-treatment fertility.

There is some encouraging news in these statistics. Although the overall rate of women choosing fertility-preservation options from 1993 to present (the period for which data is available) is only 4 percent, in recent years that figure has climbed to about 10 percent. Since more than half of women wish to have children after treatment, it thus appears that more women are receiving proper counseling.

Another problem with using available pre-treatment fertility options is, of course, the cost. Depending on the procedure, freezing eggs or embryos can cost between $8,000 to $24,000. Although some insurance plans cover these procedures, others do not. Our medical malpractice attorneys hope that, with the advent of the new federal medical-insurance laws and their emphasis on women’s reproductive services, insurance plans will not begin to cover these procedures, at least for cancer patients.

In the meantime, doctors must begin properly counseling young female patients about the risks to fertility, and the options available. The failure to offer this counseling is the failure to obtain informed consent prior to treatments, a form of medical malpractice.

If you have lost fertility due to cancer treatments, and were not counseled prior to treatment about the risks and your options, talk to an experienced medical malpractice attorney about your legal options. It may be that the risk of legal liability will at last encourage physicians to properly inform cancer patients of their own risks.

For a free consultation with an experienced Chicago medical malpractice lawyer at Passen Law Group, call us at (312) 527-4500.

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