Most Hospital Errors Go Undetected and Unreported

January 24th, 2012

The families of the victims of hospital errors are often told that these type of problems and complications “just happen” or are unfortunate but “we did all we could do”.

Perhaps for this reason, the inspector general of the U.S. Department of Health and Human Services has released a new report finding that over 80 percent of all hospital errors in the United States are unreported. The report, released last week, used data from Medicare patients as a proxy for the general population.

In addition to the chronic underreporting of errors, the report found that in the vast majority of hospitals, no changes to policies and practices were made when an error occurred to prevent that same error from recurring.

Common errors which were unreported and did not inspire any changes were overused medications, administering the wrong medication, allowing patients to contract hospital-borne infections, and allowing severe bedsores to develop. Interestingly, more serious errors, including those that lead to patient deaths, were no more likely to result in a report than minor or trivial errors.

This problem is of course significant to analysis of medical malpractice trends and claims. But it is also highly significant in Medicare law. Hospitals which collect payments from Medicare are obligated to both track and analyze all medical errors which occur. Yet this study shows that not only are hospitals and their employees failing to report errors that cause patient harm, but hospitals are also eschewing real analysis and change in response to those errors. This leaves hospitals open to both Medicare-abuse charges and accusations of medical malpractice by future victims.

This is not the first study to reach this conclusion. In April of last year, the journal “Health Affairs” published a study which found that one-third of all hospital visits resulted in a hospital-acquired illness or injury, and that around 90 percent of hospital errors went unreported. Of those errors, 44 percent were conclusively preventable.

All this is why, if you or a loved one are admitted to the hospital, you simply must take responsibility for protecting yourself from errors and medical malpractice: the hospital will not do so for you.

Things that you can do include the simple act of asking questions, tracking each person – whether nurse, doctor, or other personnel – who participates in your care, tracking your medications and confirming the identity of the medication and the dosage before it is administered, and requesting that all personnel who enter the room wash and sterilize their hands before beginning examination, consultation, or treatment.

Although the hospital’s failure to itself perform any or all of these tasks can be medical malpractice for which you can be compensated, no compensation can truly replace your lost health or lost loved ones.

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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Bigger Babies Mean Bigger Risk

January 20th, 2012

As the birth injury attorneys of Passen Law Group are only too well aware, larger and oversized babies carry with them the risk of mild to severe injuries to both the infant and the mother. Oversized babies, and the negligent failure of the physician to recognize the situation and take precautions, are a risk factor for brain injury, cerebral palsy, shoulder dystocia, prolapsed uterus, extensive tearing in the mother, and many other problems.

Unfortunately, a recent study shows that both the weights and lengths of American babies is increasing, and has been for the past several decades. The study, which was published in the current issue of The Journal of Pediatrics, used babies in southwestern Ohio as subjects, and looked at data from the area going back to 1929.

The increase dates back to around 1970. Babies born after 1970 were around a pound heavier than babies born before that date. In addition, babies born after 1970 were more than half an inch longer than babies born before that year.

As a result, babies which would have been considered larger-than average in the 40s, 50s, or 60s are considered average, or even small, today.

These differences, however, even out by about one year of age. The larger infants, however, do not experience slower growth. Instead, the babies born “smaller” – or average for a few decades ago, are experiencing faster growth in their first year, catching up with their larger counterparts. And the researchers did not find any relationship between birth size and later childhood obesity.

The researchers had no definitive answers for the increased size of infants. One possible explanation, however, lies in the size of modern mothers. As a general – but often violated – rule, larger maternal size can lead to larger infants at birth. Maternal BMI (body mass index), like the BMI of other Americans, has risen in recent decades, as well. In the 1930s and 40s, only around 18 percent of mothers had BMIs in the category of “obese.” Between 1990 and 2008, however, nearly half of mothers fell into the category.

The study’s authors include Ellen Demerath, an associate professor of Epidemiology and Community Health in the School of Public Health at the University of Minnesota.

Armed with the knowledge that babies’ size at birth is increasing, it is especially important that obstetricians and other medical providers take extra precautions to prevent birth injuries. The failure to evaluate the infant’s size, and to use monitoring or opt for a c-section where appropriate to avoid injury to the mother and baby can constitute actionable medical negligence.

If you or a loved one have suffered maternal injury or birth injury such as brain damage or cerebral palsy, regardless of the size of the child at birth, talk to an experienced birth injury attorney. Your attorney can help you to determine whether medical malpractice was responsible for your child’s injuries, and can help you to decide whether to take legal action.

If you have any questions about a traumatic birth injury matter, 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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Two Chicagoland Train Accidents in One Week

January 13th, 2012

Serious train accidents are an unfortunate reality in this nation, and the Chicagoland area is no exception. However, it is not often that this area sees two major accidents in one week. That is just what happened in the week leading up to this New Year’s Eve.

In the first accident, which occurred the Tuesday before New Year’s Eve, witnesses reported that a man drove his car around lowered crossing gates and into the path of a Metra express train. The crash occurred during the early morning rush hour in the northwest Chicago suburb of Palatine, on Metra’s Union Pacific Northwest Line.

The driver, Michael Levgard, was 64 years old. He was declared dead at the scene only minutes after the accident, although it took rescuers around a half hour to extricate his body from the wreckage. His car, crushed and totaled, was left on the tracks, causing around two hours of delays. The accident caused serious damage to the lead car of the train but, fortunately, no passenger injuries were reported.

Mr. Levgard may have believed that he could safely proceed around the crossing gates because a train was stopped in the station. However, there was another Metra express train passing through the station at the same time.

That same week, a Metra train struck a car in the suburb of West Chicago, on Metra’s Union Pacific West Line. The car was unoccupied; it had been pushed onto the tracks by an earlier automobile accident. The accident stopped the line for an hour and caused delays well past the morning rush hour, but resulted in no significant injuries.

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

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