Posts Tagged ‘Medical Negligence’

Delayed Diagnosis of Meningitis in Children

Monday, July 25th, 2011

Meningitis is not a single illness, caused by a single “bug.” Instead, meningitis – often called spinal meningitis – is any one of a number of infections which can occur in the fluid of the spinal cord, or the fluid surrounding the brain.  When a meningitis diagnosis is delayed in an infant or child, the consequences can be devastating.

Types of Meningitis

Meningitis can be one of two types – bacterial or viral. Viral meningitis is usually less severe, making victims less ill and causing fewer permanent injuries. Bacterial meningitis, however, often causes severe illness, and can lead to permanent brain damage, and even death.

Every year in America, about 10,000 people contract meningitis. Of those, about 6,600 cases occur in children. And children and infants under the age of two have the highest rates of meningitis, and the worst prognosis when they do contract this illness. This is largely because these children’s immune systems are not yet mature, and thus are less well-equipped to fight off the infection.

Symptoms and Signs of Meningitis

At the beginning, meningitis can present very much like the flu, or even like a migraine headache. Although not all symptoms are present in every case, the most common signs and symptoms of meningitis are:

  • Headache, often severe
  • Stiff neck
  • Fever, often extreme
  • Vomiting
  • Numbness,  cold extremities, or loss of feeling in extremities
  • Sensitivity to light
  • Disorientation or confusion
  • Seizures
  • Rash resembling purple spots or rash which does not turn white when pressed (this symptom indicates that the infection is advanced, and blood poisoning has begun)

Headache, stiff neck, and extreme fever are the hallmark symptoms of meningitis in older children and adults. But in those under the age of two, these symptoms can be absent, or very difficult to detect. Meningitis in infants may present as an inactive, grumpy infant, often vomiting or failing to eat. As the infection gets worse, seizures often develop.

Who is Most at Risk?

Anyone can contract meningitis. According to the Centers for Disease Control (CDC), however, certain groups are at greater risk. Groups at high risk of meningitis include infants and young children, refugees, family members of current meningitis patients, military personnel, college freshmen living in dorms, smokers, and those exposed to secondhand smoke.

Diagnosing Meningitis in Children

Doctors often fail to diagnose meningitis, particularly in infants and young children. Because of the absence of, or difficulty in detecting, the classic adult symptoms, doctors often fail to miss the signs that are there. But when there is a cluster of meningitis symptoms – particularly when there is no obvious explanation for those symptoms – doctors should suspect meningitis and act accordingly.

This is particularly true when the symptom cluster follows a respiratory infection. When a respiratory infection leads to a significant change in the infant’s behavior (failure to eat, grumpiness coupled with abnormal drowsiness), meningitis should be suspected — and the failure to do so may be medical malpractice.

Treatment and Outcomes

Meningitis moves quickly, particularly in young children and infants, and can kill or cause permanent brain injury in only a few hours. Prompt diagnosis and immediate treatment are absolutely essential in ensuring a full recovery. If diagnosed quickly, bacterial meningitis can be overcome using any one of a number of antibiotics.

But often, meningitis is not promptly diagnosed and treated. This failure often constitutes medical malpractice. According to information provided by the Meningitis Foundation of America, certain problems in diagnosing meningitis occur over and over again. These include:

  • Failure to promptly see the patient, despite her request
  • Failure to properly examine the patient
  • Failure to admit the patient to a hospital after examination
  • Failure to diagnose the meningitis, or to consult with more experienced physicians when necessary
  • Failure to follow up
  • Failure to treat meningitis as urgent
  • Failure to properly communicate with a child’s parent or guardian

Any of these failures can constitute medical negligence. Each case is different, and must be evaluated individually. If your child’s meningitis diagnosis was delayed, and she suffered permanent injury or death, an experienced attorney can help you to determine whether you might have a medical malpractice claim.

The medical malpractice attorneys at Passen Law Group have a long history of successfully representing individuals and families whose children have been permanently injured as a result of medical negligence.  For a free consultation with one of our attorneys, call us at (312) 527-4500 or email us at info@passenlaw.com.

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Misinformation Key to Tort Reformers

Monday, April 18th, 2011

Our medical malpractice attorneys in Chicago have often written about the falsehoods and misinformation behind the movement for so-called “tort reform.”  One area of misinformation has gotten some play recently:  the idea of “defensive medicine.”

Defensive medicine is a term coined by proponents of “tort reform” to describe the supposed overuse of unnecessary or unjustified tests and procedures, simply to avoid a future malpractice lawsuit.  As our medical malpractice lawyers have previously discussed, the practice of defensive medicine may itself constitute fraud, if the doctor is billing federal or state Medicare or Medicaid programs for these tests and services.  Submitting a bill to these programs for services which were not medically necessary or justified is fraud on the government, and is not only unethical, it is a crime.

More fundamentally, however, there is absolutely no evidence that: (1) doctors are practicing “defensively” to the detriment of their patients’ health; or (2) medical malpractice lawsuits have anything to do with it.

For instance, in a recent New Yorker article, Dr. Atul Gawande quoted his discussions with McAllen physicians of various specialties, and talked to them about why McAllen had the most expensive health care in the nation.  The physicians initially blamed malpractice suits, claiming that the town was “legal hell.”

But when pressed about the fact that Texas’ tort reform laws had so curtailed patient’s rights that malpractice lawsuits in the state had dropped “practically to zero,” the physicians admitted that these arguments were “bullshit.”  Medical care in the town was expensive, they admitted, because doctors increased fees and charges by ordering extra tests, procedures, and other medical services.

In other words: (1) doctors and hospitals made more money by ordering extra tests and providing additional medical services; and (2) those tests and medical procedures, if anything, improved patient care; and (3) the irrational fear of medical malpractice had no impact on this practice.

Indeed, a new study out of the University of Iowa, led by David Katz, M.D., found that physicians’ reported fears of being sued for malpractice are in fact irrational — because doctors are not being sued, and are not held liable, for conduct that falls within the agreed-upon standard of care within the medical community.

Nevertheless, the hype and lobbying over tort reform has become so pervasive that physicians believe they are in constant peril of being sued for “frivolous” lawsuits, even when this is not the case.  There is absolutely no mention of all of the safeguards in place to prevent against inappropriate lawsuits, such as: (1) the requirement in nearly every state, including Illinois, that a doctor must file a sworn affidavit that there is a merit to the malpractice lawsuit before such a suit can be filed; (2) judges can sanction inappropriate lawsuits; (3) lawyers representing plaintiffs typically have contingency arrangements with their clients — meaning if the plaintiff loses, his or her lawyer gets nothing — and is out all of the expenses paid with respect to the lawsuit.

Conversely, what fears are completely rational?  Those of patients.  As our medical malpractice attorneys have previously reported, according to the U.S. Department of Human Services, when a patient enters the hospital she has a one in seven chance of being harmed there, including medical injury that leads to severe, permanent disability or death.

Clearly, the proper solution to a misperceived defensive medicine epidemic is not to take away the legal rights of the one in seven patients whom these doctors injure.  It is time to end, once and for all, the specter of “tort reform” and move forward with real reforms to reduce malpractice suits – instituting and following proper procedures that will prevent medical malpractice in the first place.  In the meantime, our attorneys stand ready to defend the rights of the victims of this plague of bad medicine.

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

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Study: Test Results Often Ignored in Patient Care

Tuesday, April 12th, 2011

Proponents of so-called “tort reform” would have you believe that doctors are now engaged in “defensive medicine” – ordering scores of unnecessary tests simply to avoid the threat of lawsuits.  Our medical malpractice attorneys are always puzzled when we hear such claims, as the evidence does not support claims that doctors regularly engage in this practice.

Now, a new review of twenty years of studies of patient care casts further doubt upon these specious claims. One must wonder: how can ordering tests protect doctors from lawsuits or liability when the results of those tests are never reviewed, or passed along to the patient?

The new review, published in the latest edition of the BMJ Quality and Safety Journal, was conducted by a team of researchers out of the University of New South Wales in Sydney, Australia.  The researchers look at twelve studies over two decades (from 1990 to 2010).  Eight of these twelve studies were performed in the United States.

After reviewing all the available evidence, the authors concludes that “There is evidence to suggest that the proportion of missed test results is a substantial problem, which impacts on patient safety.”

An understatement at best.

Indeed, as our Chicago medical malpractice attorneys are unfortunately aware, it is all too common for a crucial test to be ordered, then ignored.  So the authors concluded, with patients with test results ranging from STDs to cancer, from stomach ulcers to endocarditis never learning of their test results, or being given a diagnosis by any physician.  In many cases, these ignored results and missed diagnoses meant the patient’s wrongful death.

The review noted that the problem of missed test results was present in all forms of record-keeping:  it does not matter whether the doctors, labs, and hospitals involved used old-fashioned written communications or high-tech electronic systems.  But the extent of the problem did vary depending on the movements of the patient.  Test results were far more likely to be missed when a patient was discharged from their hospital ward while the tests were pending.  Likewise, test results were far more likely to fall through the cracks when patients transitioned from one setting to another, such as from inpatient to outpatient care, or from the hospital to follow-up with a primary care physician.

The results of the various studies did fall in a wide range, but up to 61 percent of inpatient test results, and up to 75 percent of emergency test results, were not followed up after a patient was discharged.

These shocking figures are obviously unacceptable.  When a physician orders a test, there is an obvious presumption that the results of that test are important to a patient’s care. The failure to follow-up, inform a patient of her diagnosis, and ensure that she is receiving proper care, is almost certainly medical negligence, and may well be compensable in a civil action.

But it is far better to avoid the problem in the first place.  Patients and their families should be proactive in their own care, ensuring that they know what tests have been ordered and why, and following up with their doctors and hospitals if they are not informed of the results of those tests.  While this is the responsibility of the physician, it is obviously preferable for a patient to avoid a missed diagnosis by following up herself, and thus save herself from further injury.

Our top medical malpractice attorneys thus recommend that our readers be assertive in managing their own healthcare.  But if that is not enough, and your physician or hospital does permit key results to go unheeded, you may have a legal claim for the damages you suffered.

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

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