Posts Tagged ‘Medical Negligence’

Women Cancer Victims Receive Less Fertility Counseling Than Men

Thursday, June 21st, 2012

The medical malpractice attorneys of Passen Law Group have previously written on a recent study showing that young women being treated for cancer are frequently left without effective pre-treatment counseling about the possible effects of the treatments on their future fertility.

This is in direct violation of the guidelines of the American Society of Clinical Oncology. It is particularly egregious because, should a patient so choose, measures can be taken prior to treatment to ensure her future fertility, including freezing and preserving eggs or embryos.

Now, another new study has shown that it is women, in particular, who are denied this crucial pre-treatment counseling. Indeed, the results published in the Journal of Clinical Oncology showed that while 80 percent of male patient were told that their treatment could permanently affect their fertility, only 48 percent of female patients were given the same information.

Going further, the study found that only 14 percent of women were counseled about options for preserving their fertility, while 68 percent of men received such counseling. Half of all female cancer patients 40 and under, however, report when asked that they would like to have children at some point after treatment. There is thus a great need for pre-treatment counseling to ensure that patients fully understand the risks of treatment, and their options for managing them.

As our attorneys have previously stated, doctors must begin properly counseling all patients – but particularly 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.

It is also completely unacceptable that physicians are providing one level of treatment, counseling, and service to male patients, while providing a markedly lower level of treatment, counseling and service to female patients. In any civilized society, professionals of all varieties must provide equal treatment to all citizens, regardless of gender, race, or class.

Whatever your gender, 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.

Unnecessary Blood Transfusions Putting Patients at Risk

Wednesday, May 23rd, 2012

Doctors are putting surgical patients at unnecessary risk by providing blood transfusions that are not needed, according to the latest study. The study, published in the journal Anesthesiology, was conducted by researchers at Johns Hopkins.

Providing a transfusion during surgery may seem like a neutral action – how can supplementing a patient’s blood supply be a problem? The reality, however, is far more complex. Several studies have now shown that patients who receive transfusions during surgery do not, in fact, fare better than patients who do not.

Indeed, many patients who receive a transfusion fare worse than patients who do not. When a patient receives a transfusion, there is always the risk that his body will develop an immune response to the new blood. That is because the blood is, to his body, a foreign substance. The reaction itself can cause illness or injury in the patient. It can also reduce the body’s ability to fight off true pathogens, raising the risk of harmful or fatal post-surgical infection. Depending on the circumstances, these reactions can be an unfortunate, but unavoidable, complication of surgery, or the result of medical malpractice.

However, studies have now shown that, except in cases of trauma or hemorrhage, it is better to wait before transfusing. Instead, surgeons should monitor the patient’s hemoglobin levels – and wait to transfuse until levels fall below a certain point, even if there is blood loss during surgery.

One reason that patients are receiving these unnecessary transfusions is that there are no clear guidelines as to when transfusions should be given during surgery – no major medical group has yet established a set of rules for surgeons to follow. This lack, however, does not excuse American surgeons’ failure to follow the best practices with regard to transfusions during surgery.

That is because another startling aspect of this problem is that the Johns Hopkins study is not the first to reveal the problem. In fact, for five years, various studies have shown that surgeons should be giving less blood than they are. Indeed, the research on this question is now so well-developed that last year a federal committee, operating out of the Department of Health and Human Services, concluded that surgeons in the U.S. were providing excessive transfusions, endangering surgical patients – and raising costs. In fact, giving routine blood transfusions may constitute medical malpractice.

This is because surgeons have thus been adequately informed for well over a year, if not several years, that blood transfusions during surgery should be limited, and used only as needed. Yet they continue to give routine transfusions as a matter of course in every surgery, leaving patients at risk of reaction and infection.

In addition to the threat to patients receiving transfusions, these unnecessary procedures may be harming other patients, as well. Despite blood drives and other efforts, blood remains a scarce resource, particularly in certain areas. And collecting, testing, and maintaining a blood supply is an expensive endeavor. Thus, unnecessary transfusions may be harming other patients by reducing the available supply, and raising costs for those who do require blood.

If you or a loved one have suffered a reaction or infection following a surgical procedure where a blood transfusion was given, your surgeon’s negligence in providing the transfusion itself may be to blame. An experienced medical malpractice attorney can help you to determine whether negligence was to blame in your case, and whether you may have legal recourse.

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

Most Hospital Errors Go Undetected and Unreported

Tuesday, 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.

Infections After a Kidney Transplant

Monday, November 7th, 2011

kidney transplant negligence Infections After a Kidney Transplant Minor infections are a common consequence of a kidney transplant. But major infections are often preventable through the exercise of proper medical care. In fact, many major post-operative infections are the direct result of medical negligence.

Minor infections are the result of the immuno-suppressant drugs required to prevent the patient’s body from rejecting the new kidney. But while reducing the body’s immune response to the new kidney, these drugs also reduce the body’s resistance to infections.

Indeed, up to 50 percent of transplant recipients experience a urinary tract infection following surgery.

Fortunately, treatment of these infections is usually simple and effective with standard antibiotics. In fact, most post-transplant infections are generally not a serious problem, but particularly for those with an existing condition which increases the risk of infection (for example, diabetes, polycystic kidneys, or lung disease), they can be serious.

Proper Medical Care Following Kidney Transplant

That’s why proper medical care to prevent post-transplant infections is absolutely crucial. The standard of care for post-operative patients is a mix of drugs, including antibiotics, for at least 6 months to a year following surgery. This mix often includes co-trimoxazole (to prevent pneumocystis pneumonia), amphotericin (to prevent thrush), antibiotics to prevent urinary tract infections, and even isoniazid to prevent tuberculosis in patients at risk for the disease. For patients who have not had the chicken pox (and have no natural immunity), globulin shots may also be needed to prevent a serious complication from this condition.

If you have suffered a serious infection following a kidney transplant, and these precautions were not taken, you may be the victim of medical negligence.  Post-operative infections can be the result of improper procedures and screenings prior to the transplant. We have noticed an increasing trend of serious injury and disability from transplant patients receiving infected organs.

Kidney Screening is Vital

Due to lack of proper testing and screening, several kidney-transplant patients have recently received kidneys infected with everything from simple infections to HIV (human immunodeficiency virus, the virus which causes AIDS).

While the seriousness of receiving an organ infected with HIV is self-apparent, receipt of a kidney containing even a simple infection can be devastating due to the required immuno-suppressant drugs. Patients who have received such organs have experienced severe complications, including permanent brain damage and even death.

The receipt of an infected organ is almost universally the result of a failure to conduct proper screenings of organ donors and donated organs. And while the transplant of an infected organ is a rare occurrence in the United States, the consequences are disastrous. If you or someone you love has suffered severe side effects from receiving an infected organ, talk to an experienced legal professional. It is likely that you were the victim of medical negligence.

If you have any questions about serious injuries or death following kidney transplant surgery, 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.

Dental Malpractice: A Primer

Thursday, September 22nd, 2011

dental malpractice Dental Malpractice: A PrimerWhen most people think of medical malpractice, they most often think of doctors or other hospital personnel whose negligence causes a patient serious injury or death. But any medical professional can commit medical malpractice, including doctors, nurses, anesthesiologists, pharmacists, and dentists.

Dental malpractice, like other forms of professional malpractice, is the failure by a dentist to conform to the appropriate standard of care in his treatment of patients, which causes a serious injury. Moreover, again like other forms of professional malpractice, dental malpractice can take many forms: from injury during treatment to a failure to diagnose a dangerous condition.

Some of the most common forms of dental malpractice include:

  • Failure to diagnose oral cancer
  • Failure to diagnose periodontal disease
  • Injury to nerves during treatment (in the lips, tongue, or jaw)
  • Use of an incorrect prostheses (such as a bridge or crown)
  • Infection from improperly sterilized tools, leading to temporary pain, permanent injury, or even death
  • Injury or death from anesthesia errors
  • Inadequate or incorrect orthodontic procedures
  • Unnecessary extraction of teeth
  • failed orthognathic surgery
  • osteoradionecrosis (after an extraction from an irradiated jaw)
  • injuries from Sargenti paste (used in root canals)

Dental malpractice is less common than other forms of medical malpractice in the United States.  Some experts estimate that only about 10,000 Americans suffer from dental negligence each year. But our experienced malpractice injury attorneys believe that this figure is actually much higher.

In fact, several recent studies have concluded that this figure may be half the true number, as at least 10,000 additional victims do not file claims or seek recovery for dental malpractice, either because their injuries are relatively minor or because they do not realize that they may be entitled to legal recovery.

For a free consultation with a top-rated Chicago injury lawyer at Passen Law Group, call us at (312) 527-4500 or fill out a case evaluation form on our website.