Posts Tagged ‘medical malpractice lawyer’

Medical Malpractice Myths: Doctors are Fleeing (Part III)

Wednesday, November 18th, 2009

Today is day three of our series on “Five Myths of Medical Malpractice,” presented by our Chicago injury and wrongful death attorneys.  Time for Myth #3:

Medical Negligence Myth #3: Doctors are Fleeing

Numerous studies, including a recent study conducted by the National Bureau of Economic Research, has debunked the argument that doctors are “fleeing” states with stronger medical malpractice liability laws, and they are not fleeing the United States.

Furthermore, doctors are not fleeing the practice of medicine.  Indeed, the AAJ report demonstrates that the number of physicians is rising faster than the overall population. According to the report, there are “twice as many physicians per 100,000 population” as there were in the 1960s — the American Medical Association (AMA) did not start tracking physician numbers until the 1960s.  A chart illustrates steady growth in the number of physicians per 100,000 people from 1998 to 2007, the most recent year for which data is available.

Nevertheless, this myth of doctors fleeing because of medical malpractice lawyers and liability persists.  Tort reformists argue that arbitrary caps on “non-economic” damages, such as pain and suffering, disfigurement and loss of normal life, in medical malpractice cases, will prevent such medical professionals from fleeing.

However, the empirical data does not support the argument that doctors are moving their practice to states that have such damage caps.  Instead, the number of practicing physicians has increased in every state.  Further, the total number of practicing physicians is greater in states that do not place caps on damages than states with caps.

For a free consultation with a top Chicago medical malpractice lawyer, call Passen Law Group at (312) 527-4500 for a Free Consultation.

Myths of Medical Malpractice: Drives Up Health Care Costs (Part II)

Tuesday, November 17th, 2009

As noted in yesterday’s post, each day this week our Chicago personal injury lawyers are addressing one of Five Myths of Medical Negligence, as reported earlier this month by the American Association for Justice.  Here is Myth #2:

Medical Negligence Myth #2: Malpractice Claims Drive Up Health Care Costs

There is no question that the cost of health care is out of control, and must be curtailed as part of health care reform.  However, there is absolutely no empirical evidence showing that medical malpractice liability has anything but a marginal impact on health care costs. That’s putting aside the benefits of medical malpractice liability, in the form of increased patient safety, deterrence of negligent medical conduct, and compensating victims of medical negligence.

The AAJ report cites two recent studies:  one conducted by the United States Government Accountability Office (GAO), and another done by the Congressional Budget Office (CBO).  Both studies reach the same conclusion: the affect of malpractice claims on health care costs is marginal, at best.  Indeed, data from 2007 from the National Association of Insurance Commissioners — an organization of state insurance regulators — supports this conclusion, showing that merely 0.3% of the $2.2 trillion spent on health care is spent on malpractice claims.

This dollar figure spent on malpractice claims is substantially less than the $29 billion in measurable “costs” of preventable medical errors — including future medical care, but not including emotional and other non-liquidated damages.  If this “myth” concerning the relationship between medical malpractice claims and health care costs was correct, the percentage of health care costs associated with malpractice claims would be substantially higher than 0.3%.  Note that this figure of 0.3% does not come from a biased or partisan study — it comes directly from the insurance companies.

Nonetheless, the insurance lobby has argued that doctors practice “defensive medicine” — the ordering of unnecessary tests and procedures — out of the fear of medical malpractice liability, rather than simply following the appropriate standard of care in treating patients.  However, missing from the discussion is the fact that, in most institutions and contexts, doctors make more money if they perform more tests and procedures.  In other words, they get paid based on the act of performing a test or procedure, not based on the outcome of the test or procedure.  This also begs the question whether significantly less tests and procedures is the answer, given that each year hundreds of thousands of people are seriously injured or killed by medical malpractice.

At Passen Law Group, we will continue to fight for the rights of individuals, and their families, who are victims of medical malpractice.  To speak with one of our Chicago medical malpractice attorneys, call us at (312) 527-4500 for a free consultation.

Preventable Injury or Death Caused by Medication Errors in Hospitals

Monday, November 9th, 2009

Medication Errors LawyerAccording to the Institute of Medicine, hospital medication errors account for an estimated 400,00 preventable injuries and $3.5 billion a year in additional medical costs.  Patients who are given improper medication, and suffer permanent injury or death as a result, should contact a top medical malpractice lawyer regarding their rights.  Call Passen Law Group today at (312) 527-4500 for a free consultation.

The University of California in San Francisco has recently instituted a program to improve accuracy in administering drugs, with a particular focus on reducing distractions or interruptions that may cause medical negligence.  Nurses at California hospitals have complained that distractions while giving medications to patients may result in serious injury or death – caused by giving the wrong medication or improper administration or regimen.  The UCSF program as resulted in approximately 88 percent drop in errors over three years at the Bay Area hospitals. 

Some hospitals employed low-tech methods, such as covering up the windows in the medication room so as not to be distracted by colleagues waving hello, or wearing bright colored vests while dispensing medication.  Others use high-tech methods, such as bar code scanners.

The study and its participants demonstrate that patient safety can be maximized by applying common sense and helpful visual cues.  The hospitals now follow “best practice” principles, including checking two forms of patient identification before administering drugs and explaining each medication to the patient.  Hopefully, more hospitals will follow such practices to prevent patients from being injured or killed by the wrong medication.

Another recent peer-reviewed study by Accredo Health Group and several university hospitals highlights how the wrong medication and other administration errors can be life-threatening.   The study showed how patients being treated for pulmonary arterial hypertension (PAH) with infused drugs have been suffered serious injury or death from medication errors in hospitals.  The study was presented at the American College of Chest Physicians’ annual meeting and will be published in CHEST, a medical journal.

PAH is a debilitating, life-threatening condition that can lead to heart failure and lung transplants.  The condition must be treated with epoprostenol (Flolan) and treprostinil (Remodulin), infused drugs that inhibit the blood from clotting and also widen blood vessels to ease blood pressure.  The drugs must be continuously infused into the body, and the drugs are dosed in extremely small quantities.  Giving a patient too much or too little can lead to serious injury or death.

The study showed that medication errors occurred in large numbers, including providing the wrong drug to patients, improper dosing, incorrectly flushing the patient’s catheter line and accidental stoppage of the infusion pump.  Researchers recommended the following to prevent patients from being given the wrong medication and injured or killed as a result:  better training, double-checking dosage, color-coding different drugs, ensuring the infusion pumps work correctly, and better record-keeping.

To speak with a top Chicago medical malpractice lawyer, call Passen Law Group at (312) 527-4500 for a free consultation.