Posts Tagged ‘Chicago Medical Malpractice Lawyer’

Overuse of Medical Scanning A Form of Medical Malpractice?

Thursday, June 24th, 2010

CT radiation 300x213 Overuse of Medical Scanning A Form of Medical Malpractice?Our Chicago medical negligence lawyers have become concerned about the risks of medical radiation – a danger that is often overlooked.  The amount of medical radiation to which Americans are exposed far exceeds that of the rest of the world, even other wealthy nations.  In fact, at least half of the medical radiation used in the world is used right here in the United States.  And it’s getting worse:  over the last few decades, the radiation dose of the average American has increased six times over.

This is due in large part to the rise of the CT scan.  CT scans have grown quickly in popularity — with good reason — but have taken the place of of tests that do not use radiation, including ultrasounds and MRIs, and that use lower doses of radiation, such as x-rays.

Why is this important?  Well, many Americans worry about the amount of radiation to which they are exposed – but they worry about cellphones, microwaves, airport security screening, and even power lines.  Although these sources provide only a negligible amount of radiation (unlike medical testing), the debate over these sources has highlighted the danger:  too much radiation exposure can lead to cancer.   And radiation dose is cumulative – it adds up over time.

While scientist don’t know exactly how much radiation is dangerous, they have a pretty good guess.  The best information is based upon analysis of victims of Chernobyl and survivors of the atomic bombs dropped in Japan in World War II.  These individuals had “excess cancer risk” if they were exposed to between 50 and 150 millisieverts of radiation.  To put this figure in context, over the course of the year we each are exposed to around 2 millisieverts of radiation simply from the light of the sun.  A CT scan of the chest or abdomen involves around 20 millisieverts of radiation.  Thus, a patient who receives three or four such scans has already received a dangerous amount of radiation. Indeed, around 4 million Americans are estimated to receive more than 20 millisieverts of radiation annually from medical imaging.  Three years of such exposure could constitute an “excess cancer risk” according to what we have learned from Chernobyl and Hiroshima.

Our personal injury lawyers understand there are countless circumstances that absolutely justify this high level of radiation to obtain a diagnostic CT study.  For instance, a CT of the head is the “gold standard” to detect a traumatic brain injury in patients who present to the hospital with signs of a head injury.  In other contexts, an abdominal CT may be required to determine whether an abdominal abscess is the source of an infection.  There are thousands of other contexts in which CTs are absolutely justified.  In other instances, however,  the risk of exposure to the levels of radiation does not justify the benefit to be gained from the test.

As an example, radiologist Steven Birnbaum reports that he had a teenager sent to him for a CT scan to check for kidney stones.  When he looked at records, however, he found that the boy had previously had 14 such scans.  Dr. Birnbaum “was horrified” at the cancer risk posed by the total radiation dosage the teen had already received.  This is wrong.

Dr. Birnbaum also had another, more personal experience with excess radiation.  His daughter suffered a car accident and was given excessive imaging at the hospital.  In response, Dr. Birnbaum put procedures in place to watch for such excessive imaging at the two hospitals where he worked.  He defined excessive imaging as obviously dangerous amounts:  10 or more CT scans or, in patients under 40, 5 or more scans.  They did not review their records, they simply watched the files of patients coming in.

What he found was shocking.  Over a three year period, the two hospitals found 50 people who met this criteria.  One woman had been subjected to 31 abdominal CT scans – far more than the parameters Dr. Birnbaum had set up, and in an area of the body particularly susceptible to radiation.  And a recent study found that in the first few days in the hospital, the average American heart attack victim receives an amount of radiation from medical imaging comparable to 850 chest x-rays – a great deal of it from repeat tests.

Part of the problem is simply busyness – or perhaps laziness.  Some of the risks of excessive radiation from medical imaging could be eliminated or at least reduced by simply using the proper dosage of radiation for each patient.  The dose of radiation needed to perform a test varies from patient to patient based upon factors such as size, gender, and age.  Yet many radiation centers simply do not bother to adjust the dosage between patients, leaving the machine on a high setting and posing a great risk to young women and children.  The failure to take the simple precaution of adjusting the dosage for each patient may constitute medical malpractice.

The federal government has no plans to truly change this.  The Food and Drug Administration has announced plans to require that imaging centers print the dosage on films, so that the recipients and their doctors can see how much radiation was used, and may impose record-keeping requirements so that doctors and patients can assess a patient’s “lifetime” dosage.  But the FDA will not require radiologists or physicians to actually do so.  And while the FDA has also urged the medical industry to itself set “standard” doses for certain types of tests, the FDA has no plans to regulate the amount of radiation used, either per test or over the course of time.

The Chicago medical malpractice attorneys understand that CTs are a remarkable testing device that saves thousands of lives each year through detecting various disorders.  We also understand that when this form of testing is overused or misused, there can be devastating consequences for patients.  In the interest of patient safety, we hope medical practitioners will find the proper balance.

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

Medical Malpractice Due to Lack of Infection Control

Thursday, June 17th, 2010

The lack of infection control at hospitals and other medical centers may cause patients to sustain catastrophic injury or death.  Today, our Chicago medical malpractice lawyers examine infection control in a particular setting: ambulatory surgical centers.

Many of the surgeries in the United States are performed in ambulatory surgical centers – medical centers that specialize in elective, outpatient, or same-day surgeries.  Yet shockingly, a new study from the Center for Disease Control published in the Journal of the American Medical Association shows that nearly 68% of these medical centers have lapses in infection control procedures.

Infection control procedures and protocols are some of the most basic requirements of the practice of medicine, and surgery in particular.  The failure to follow even the simplest of these requirements is unacceptable, and should lead to not only government penalties, but civil actions for medical malpractice by the innocent victims of this negligence.

Ambulatory surgical centers have blossomed in the past decade.  In 2007, over 6,000,000 surgeries were performed at these centers in the United States.  And from 2001 to 2008, there was a 50% increase in the number of such centers certified by Medicare.  In those same years, there was a corresponding increase in the number of hygiene and safety problems associated with the surgeries performed at these centers.  It was this increase that led the CDC to begin a study directed at infection control practices.

The CDC study sampled ambulatory surgical centers in Maryland, Oklahoma, and North Carolina.  The centers specialized in differing types of surgery, including everything from dental surgeries, endoscopy (procedures wherein a surgeon looks inside the body as a diagnostic tool), gynecology, ophthalmology (eye surgeries), orthopaedics (surgeries to treat musculoskeletal trauma, sports injuries, degenerative diseases, and other musculoskeletal problems), and otolaryngology (surgeries of the ear, nose, and throat), to pain management surgeries, plastic surgery, and podiatry.  The CDC checked these centers for a variety of problems that can lead to infection, including improper hygiene methods, and the mishandling of everything from medications to surgical equipment.

The study found lapses at a shocking 46 out of 68 ambulatory surgical centers examined.  Perhaps even more shocking are the types of lapses identified by the study.  Included were everything from sophisticated errors to things that a child could have corrected.  While lapses in injection safety are themselves inexcusable, some ambulatory surgical centers in the study were found to have lapses as simple as the failure to practice proper hand hygiene.  Indeed, 19.4% of the centers studied failed to use proper hand hygiene or to use protective gloves when called for.  Likewise, 18.8% of ambulatory surgical centers failed to properly clean so-called “high-touch” surfaces in the areas used for patient care.  These infection control procedures are the simplest, most essential elements of protecting the health of patients.  The failure to follow them is almost certainly medical malpractice.

Equally shocking, the study found that 6% of the centers repackaged and reused devices that were originally packaged and and labeled as single-user items.  And 32% of the centers which performed blood glucose testing did not clean and disinfect the glucose meter after each use, while 21% of ambulatory surgical centers used one lancing pentlet device (also used in blood glucose testing) for multiple patients.  Other errors were also found at alarming rates.  The study found that 28% of the centers took medications in single-patient vials and used them for multiple patients, instead.

These study results, and the medical failures they represent, are simply unacceptable.  Our top Chicago medical malpractice lawyers know that infection after surgery is often a serious complication, and one that may be easily preventable by following simple protocols.  In other instances, however, a serious or deadly infection may develop even under proper medical care.  Which is why if you suspect a serious or deadly post-surgical infection was the result of medical negligence, you should contact one of our experienced medical malpractice attorneys to help you to investigate the underlying cause of your infection, and determine whether the negligence of your doctors or surgical center were to blame.

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

Inaccurate Translations on Medical Labels: Pharmacy Malpractice

Monday, April 26th, 2010

pharmacy medical label malpractice 300x202 Inaccurate Translations on Medical Labels: Pharmacy MalpracticeA study released in the current issue of Pediatrics has brought to light an extremely dangerous form of medical malpractice facing a large portion of the U.S. population:  inaccurate translations on medicine labels provided to Spanish-speaking patients at pharmacies.  According to the study, incomplete translations and mistranslations occur at an alarming rate, even in areas where the Spanish-speaking population is large.  These errors, while at times innocuous, have the potential for disastrous consequences.  The personal injury lawyers of Passen Law Group are deeply concerned by this troubling news, and stand ready to take action on behalf of those seriously injured or killed by these medical errors.

The study examined prescription labels issued at pharmacies located in the Bronx, New York – an area with a large Spanish-speaking population.  There are 316 pharmacies in the study area, and 91% voluntarily participated in the study.  Of the participating pharmacies, 71% had a practice of providing medicine labels translated into Spanish for patients who spoke Spanish.  Interestingly, independent pharmacies were more likely to have a translation practice than larger pharmacies.  While 88% of independent pharmacies practiced Spanish translation, only 57% of hospital pharmacies did so, and a mere 32% of chain pharmacies provided translation.

There were three different methods of translation used by pharmacies participating in the study.  By far the most common method of translating medicine labels was the use of a computer program (with three programs representing 70% of the market) – 86% of translating pharmacies used this method.  An additional 11% used a lay staff member to translate the labels, and only 3% used a professional interpreter.

Unfortunately, the computer program generates abysmally poor and potentially dangerous translations.
When both incomplete translations and translation mistakes are considered, the translated Spanish labels had an error rate of 50%.

One of the more dangerous problems with these labels was incomplete translations.  Such phrases as “dropperfuls,” “apply topically,” “once a day,” “take with food,” and “for 7 days” were not translated into Spanish at all.  The implications for safety are profound.  First, and most obviously, if a Spanish-speaking patient does not understand any English, then he will be unable to understand the complete instructions on the label.  But the problem runs deeper.  When these English phrases are surrounded by Spanish, they may be misinterpreted as Spanish words, with frightening results.

For example, English speakers read “once” as meaning one time, so that the untranslated phrase “once a day” means one time per day.  But in Spanish, “once” means eleven.  A Spanish-speaking patient could thus misread the English phrase “once a day,” when surrounded by both English and Spanish words, as meaning eleven times per day.  It does not take much to imagine the consequences should a pharmacy patient take her medicine, or administer medicine to her children, 11 times a day instead of one.  It is not difficult to imagine even wrongful death resulting from such an error.

Other types of errors were also present.  Simple errors such as misspellings can also create confusing and dangerous labels.  The Spanish word “poca,” for example (which means “little”) was used in place of the Spanish word “boca” (which means “mouth”).  Although only one letter is in error, “by mouth” and “by little” have two very different meanings.

A 50% error rate in medical labeling is simply unacceptable, particularly with a population and a language which pharmacies are well aware that they will need to service.  It is not difficult to imagine the outcry that would follow if any pharmacy provided prescription medicine labels to English-speaking customers which contained errors half of the time – let alone if all pharmacies in a region did so.  Our Chicago medical malpractice  attorneys urge pharmacies who service Spanish-speaking patients to begin providing accurate, complete medicine labels to those patients.

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