Washington DC Injury Lawyer Blog

As medical devices grow increasingly sophisticated, disputes have begun to arise between doctors and medical device manufacturers over who bears the responsibility when a patient is injured by a device. In some instances, manufacturers try to hold doctors liable for using a device improperly, and in others doctors try to hold manufacturers liable if the device did not function correctly. Disputes such as these bring two different theories of liability together in unforeseen ways: medical malpractice and products liability. How these disputes are resolved could have an important impact on how courts assess liability in future malpractice cases.

American Medical News, a publication of the American Medical Association, reported last month on an orthopedic surgeon in Kentucky who implanted a pain pump in a patient’s shoulder to administer painkillers after reconstructive surgery. The patient later returned, complaining of shoulder pain. An examination revealed that the patient had developed chondrolysis, a condition that causes significant deterioration of joint cartilage. It can be caused by certain types of anesthetic if they are continuously administered into or near the joint. The pain pump had evidently caused the chondrolysis because of the type of anesthetic administered.

The patient sued the pump manufacturer, alleging that the company failed to warn the doctor of the risks of complications from this particular use of the pain pump. The manufacturer brought the doctor in as a third-party defendant and alleged that the doctor used the pain pump “off-label,” meaning in a way not intended by the manufacturer or approved by the Food and Drug Administration (FDA). The case is still in progress in Kenton County, Kentucky.

Doctors have a duty to their patients to provide diligent care. Because of their special training, they occupy a particular position of trust under the law and have unique responsibilities. They must rely, however, on a wide range of products and equipment in order to provide state-of-the-art care, which means they must rely on various warranties and assurances from third-party companies. These include pharmaceutical companies and medical device manufacturers. Doctors can only provide care to the best of their ability with the knowledge available to them. They are responsible for learning how to use medical devices such as pain pumps, but in the event that something goes wrong, the question becomes whether or not they used a device correctly or if the device was somehow defective.

Continue reading "Doctors and Medical Device Companies Square Off on Questions of Liability" »

A Washington, DC-area dentist recently warned about the importance of protecting children’s teeth and jaws from injury as they participate in fall and winter sports, noting the potential for serious damage and complications from fairly common sports injuries. The dentist, of course, recommends obtaining a custom-made mouth guard with the assistance of a dental professional. His advice demonstrates the importance of ensuring safe and reliable protection for children (and adults) who participate in sports, whether the protective device is store-bought or professionally-made.

Sporting goods stores and other retailers sell a variety of protective equipment, including mouth guards, pads, and braces. Almost any of these types of equipment are also available custom-made from medical professionals. The recent article focuses on mouth protection, but its advice applies to protection for the head, limbs, back, and more. Manufacturers of products offered for sale to the public have a duty to take reasonable steps to ensure that their products are fit for their advertised use.

Consumers, under the legal theory of products liability, may be able to recover damages from the manufacturer of a product if that product causes them injury in certain circumstances. A manufacturing defect could be any sort of flaw occurring during the production of a product that makes it unsafe. A design defect is a problem inherent in the product that would have occurred before the product was ever produced or assembled. A marketing defect refers to the advertising of a product for some improper use. Any of these defects could cause an injury to a consumer, and could entitle the consumer to compensation for injuries.

Medical professionals, by virtue of their education, training, and unique position of responsibility to their patients, have a very high duty of care. Producing customized protective equipment for athletes places them into a position of responsibility for the design, manufacture, and marketing of these products. They therefore bear some potential liability for customized equipment along with the actual manufacturers.

The Consumer Product Safety Commission (CPSC), an agency of the federal government, monitors the safety of consumer products, issuing recalls for products it deems sufficiently unsafe. It enlists the cooperation of the manufacturers themselves when possible, but it has the legal authority to order a recall when necessary. The CPSC maintains records of recalls it has ordered or requested, organized by market segment. It has issued multiple recalls for sports equipment, including safety equipment for both adults and children, such as:

- Football helmet chin straps due to “laceration hazard,” November 3, 2011
- Ski helmets due to “head injury hazard,” July 21, 2011
- Baseball and softball gloves due to “presence of mold,” July 6, 2011
- Bicycle helmets due to “head injury hazard,” May 31, 2011
- Lacrosse gloves due to “violation of lead paint standard,” July 26, 2010

Continue reading "Washington DC Dentist Warns of Dangers of Sports Injuries" »

A jury in a federal lawsuit in Cheyenne, Wyoming has awarded $9 million to Louis and Rebecca Prager. The suit against Campbell County Memorial Hospital in Gillette, Wyoming and Dr. Brian Cullison alleged medical negligence during treatment of Mr. Prager in 2008, leading to permanent disabilities. The award may be the largest medical malpractice verdict in Wyoming history.

Prager, an oil field worker, was involved in a rollover accident on December 9, 2008, when the truck he was driving for his employer went off the road in icy conditions.. An ambulance crew immobilized him on a backboard, placed a neck brace on him, and rushed him to the emergency room at Campbell County Memorial Hospital. According to the lawsuit, despite complaints of neck pain, Cullison released Prager without examining him, taking x-rays of his neck, or providing him with a cervical collar.

Prager, 51 years old at the time, returned to the hospital four days later after losing the use of his left arm and shoulder. The hospital found multiple fractures to his cervical spine and performed emergency neck fusion surgery. The surgery prevented any further injury, but could not repair the nerve damage. He has since had a second neck fusion operation and will probably require more in the future. He has also undergone several procedures aimed at reducing his pain. He has been unable to work since the accident.

Prager’s lawsuit alleged that Cullison’s failure to diagnose his broken neck led to permanent C5 nerve root injuries, and sought to hold the doctor and the hospital liable for his expenses, pain and suffering, and future costs. Defense attorneys argued that Prager’s pain and loss of use of his arm resulted from a progressive shoulder injury, not the failure to diagnose the cervical injury. After a nine-day trial in October 2011, the jury determined that the negligence of the hospital and doctor caused Prager $7 million in damages. They awarded an additional $2 million in damages for loss of consortium to Prager’s wife, Rebecca. “Loss of consortium” damages relate to the loss of companionship and support suffered by the spouse or partner of an injured plaintiff. According to the Casper Star-Tribune, this is the largest medical malpractice award in the state’s history, beating the previous record of $1.5 million by a wide margin.

Continue reading "Jury Awards $9 Million to Couple in Medical Malpractice Lawsuit" »

According to an article published this week in the New England Journal of Medicine, most doctors will face at least one medical malpractice lawsuit as a defendant by the time they turn 65. Their findings come from looking at the files of a national malpractice insurance carrier.

The five most-sued specialties, with its doctors having a 99% chance of being sued by the time they celebrate their 65th birthday, are:

• Thoracic cardiovascular surgery
• Neurosurgery
• Orthopedic surgery
• General surgery
• Plastic surgery

The odds of getting sued by the same age in the 5 least sued specialties is 75%:

• Pediatrics
• Psychiatry
• Dermatology
• Family medicine
• A category referred to as "other specialties"

Yet, according to the study, even with these odds, most plaintiffs will never receive payment in the form of a jury verdict or settlement. Only 22% of medical malpractice cases result in actual payment each year. The average payment size ranged from $117,832 for dermatology malpractice to $520,932 for pediatrician medical malpractice.

Washington DC Medical Malpractice
It goes without saying that not only do you want to make sure that you obtain a settlement or win damages for your DC medical malpractice case, but you also want to get paid. Our Washington DC personal injury law firm is familiar with the devastating consequences that can be brought by a medical mistake, as well as the financial, emotional, and physical toll that this can take on the victim and his/her family.

Our DC medical malpractice lawyers are experienced in determining what happened and who did what, and we know how to pursue your recovery from all liable parties. Whether you are the victim of Washington DC surgical malpractice, dental malpractice, nursing negligence, anesthesia malpractice, psychiatric malpractice, or any other type of medical mistake, you want to work with a legal team that knows how to protect your rights while helping you obtain damages.

Most Physicians Will Be Sued for Malpractice by Age 65, Medscape, August 17, 2011

Most Doctors Will Face Malpractice Suit During Careers, Study Finds, Fox News, August 19, 2011

New England Journal of Medicine

More Blog Posts:
Washington DC Medical Malpractice: Surgeon’s Estate Must Pay $1M Share of Settlement, Washington DC Injury Lawyer Blog, July 31, 2011

$20M Washington DC Medical Malpractice Lawsuit Over HIV Misdiagnosis Can Proceed, Says Appeals Court, Washington DC Injury Lawyer Blog, July 21, 2011

Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage, Maryland Accident Law Blog, July 26, 2011

An appeals court isn’t letting a deceased doctor off the hook for his share of a Washington DC medical malpractice settlement owed to a woman who sustained serious injuries because anticoagulants were improperly administered to her. Per the court, the estate of Ronald Kurstin, MD must pay $1 million of a $2 million settlement.

The plaintiff, Rosalee Blue, was administered the heparin compound Lovenox during an abdominal hernia repair procedure at Sibley Memorial Hospital on April 2004. It was Dr. Kurstin who directed anesthesiologist Dr. John Lordan to give Blue the anticoagulant.

Unfortunately, the medication caused her to experience spinal bleeding and suffer permanent injuries, including impaired mobility and bladder and bowel dysfunction. Blue also continues to experience chronic pain.

Blue filed her DC medical malpractice complaint several months later. Per court documents, the drug manufacturer and the hospital both recommend that Lovenox not be given to a patient until several hours after surgery.

Lordan’s practice reached a $2M Washington DC anesthesia malpractice settlement with Blue. Even though Blue agreed to then release all claims against the surgeons, Lordan submitted a “contribution claim” against Kurstin, who died in 2006. The claim sought for Kurstin, who was a non-settling defendant, to contribute to the settlement.

Washington DC Medical Malpractice
It can be hard for a patient who is the victim of DC surgical malpractice to know exactly what happened. An experienced medical malpractice lawyer can help you figure out what happened as well as determine who should be held liable. Medical mistakes can result in devastating consequences for patients and there may be additional medical and recovery expenses, as well as lost wages, because of what happened to you. There may even be more than one medical professional who should be held liable.

Court Holds Surgeon Responsible for $1M Settlement Share, Outpatient Surgery.net, August 1, 2011

ESTATE OF KURSTIN v. LORDAN, DC Court of Appeals, July 21, 2011

Related Web Resources:
Medical Malpractice, Nolo

Enoxaparin Injection, NIH

More Blog Posts:
$20M Washington DC Medical Malpractice Lawsuit Over HIV Misdiagnosis Can Proceed, Says Appeals Court, Washington DC Injury Lawyer Blog, July 21, 2011

Washington DC Paramedic Error Was a Factor in Fatal 2008 “Acid Reflux” Case, Reports Office of the Inspector General, Washington DC Injury Lawyer Blog, June 8, 2011

Are Some Children Undergoing Unnecessary CT Scans?, Washington DC Injury Lawyer Blog, May 11, 2011

11 years after he was mistakenly diagnosed with HIV, an appeals court has said that Terry Hedgepeth’s $20 million Washington DC medical malpractice lawsuit against the Whitman-Walker Clinic can proceed. His original complaint was dismissed on the grounds that he did not sustain any physical injuries from the medical mistake. However, now that the DC Appeals Court has changed the law in the District, emotional injury can be grounds for such a case. Hedgepeth wants compensation for emotional distress, anxiety, weight loss, loss of contact with family and friends, psychiatric facility commitment, suicidal tendencies, depression, damage to his reputation, lost earnings (past, present, and future,) and loss of almost four years of a normal life.

The clinic diagnosed Hedgepeth, now, 42, with HIV on December 13, 2000. He says that the news broke him and he ended up in a psychiatric ward. After his release, he sough treatment for his disease and obtained regular blood tests from the clinic. At the same time, however, he says that his life in havoc. He broke ties with his family because he didn’t want them to know that he was HIV-positive. He also moved into a Whitman-Walker run house for homeless patients, took cocaine, and wanted to die. All the while, he continued to show no signs of infection and he never had to take any meds to treat his HIV.

Four years later, Hedgepeth decided to try holistic treatments and went to the Abundant Life Clinic. A blood test he took there gave him an HIV-negative result. He also tested negative at Johns Hopkins University Hospital.

Wrong Diagnosis
Although the stigma with an HIV diagnosis is no longer as great as it first was in the 80’s, receiving news that you have HIV can wreak havoc on one’s professional life and emotional and mental well-being. Granted, finding out the disease/illness you thought that you had but actually don’t is welcome news, but that doesn’t mean that the misdiagnosis hasn’t already wreaked havoc and taken a toll.

Unfortunately, wrong diagnosis is a common form of DC medical malpractice and one that should be grounds for Washington DC personal injury recovery.

DC Man Files Lawsuit Claiming Whitman-Walker Clinic Wrongly Told Him He Was HIV-Positive, MyFox, July 6, 2011

The Whitman-Walker Clinic told Terry Hedgepeth he had the disease—even though he didn’t. Now he’s looking for payback, Washington City Paper, July 9, 2010

Read the 2008 opinion (PDF)

Related Web Resources:
Whitman-Walker Health

Living with HIV, Centers for Disease Control and Prevention

MYHIVLIfe

More Blog Posts:
Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge, Washington DC Injury Lawyer, March 9, 2011

$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack, Washington DC Injury Lawyer, December 9, 2009

Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis, Maryland Accident Law Blog, October 4, 2010

According to a report issued last week by the city’s Office of the Inspector General, the paramedic who told Edward L. Givens to take Pepto-Bismol for acid reflux hours before the 39-year-old suffered a fatal heart attack was either unaware of or failed to follow a number of department protocols. Givens died on December 2, 2008 after paramedics failed to take him to the hospital when he called to report chest pains and breathing problems. He died six hours later. His family would go on to file a $17 million Washington DC medical malpractice case against the District and Emergency Medical Services alleging wrongful death.

Although initially the District had sought to have the case dismissed on the grounds that case law doesn’t permit someone hurt by an emergency worker to sue for medical malpractice, earlier this year a judge said that because of a new statute letting victims hold paramedics liable for negligence, the DC wrongful death lawsuit could proceed.

According to this latest report, even though Givens declined to go to the hospital after paramedics asked him multiple times if he wanted to go, the emergency responders should have done more to convince him. One emergency worker reportedly told Givens when he asked if he needed to go to the hospital that it was up to him. The inspector general’s report also found that emergency workers were at fault for not recording key information on Givens’ peatient care report, such as his age, first name, medical history, and interactions with family members.

The Washington Times conducted an investigation in 2009 that found that many DC paramedics were unable to pass basic writing tests about medical knowledge. Some even were unable to correctly conduct basic life-saving methods.

Wrong diagnosis and delayed diagnosis are two of the more common types of medical errors. They can cause serious injury or death. Paramedics, doctors, nurses, and other medical professionals should be properly trained and know what to do when treating patients. Failure to provide a certain duty of care can be grounds for a DC medical malpractice case.

D.C.’s IG faults paramedic response to 2008 ‘acid reflux’ case, The Washington Times, June 8, 2011

Related Web Resources:
Office of the Inspector General

Emergency Medical Services

More Blog Posts:
Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge, Washington DC Injury Lawyer Blog, March 9, 2011

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl, Washington DC Injury Lawyer Blog, March 4, 2010

Anne Arundel County Wrongful Death Lawsuit Claims 911 and Police Officers Botched Emergency Call, Maryland Accident Blog, August 3, 2010

According to a new study by UC Davis Health System, not all children who sustain minor blunt head trauma need to undergo CT scans. Yet, about half of those who do end up in hospital ERs for this type of injury get a head computed tomography scan. More about the study can be found in the June 2011 issue of Pediatrics.

Our Washington DC personal injury law firm represents children and adults who suffered unnecessary injury or health complications because of medical negligence. If you believe that unnecessary exposure to radiation from a medical device, do not hesitate to contact us and ask for your free consultation.

Researchers evaluated 40,113 under age 18 who went to 1 of 25 emergency rooms between June 2004 and September 2006. 5,433 of the kids were observed before medical staff decided to give them a CT scan. What researchers found is that not only was CT use was lower in the children who were observed, but also this did not affect the quality of care that they received. 3,744 of these kids went home without a scan and only 26 of them came back to have one. Of these children, four had traumatic results and just one had a clinically important injury that required hospitalization for two nights.

The fact that not all children with a minor head injury needs to undergo a head scan to get treated properly is good news, seeing as exposure to radiation through CT scans does carry some health risks—especially for children. A single CT scan to a child’s brain provides a dose of radiation equal to about six months to a year of “background radiation.” Radiation can increase the chances of a child developing cancer later in life.

Obviously some head injuries are serious enough to warrant a CT scan, but it is also important that children not be exposed to radiation from this type of test unnecessarily. It might be a good idea to ask your child’s doctor whether there are other medical imaging tests that can be used that wouldn’t expose your son/daughter to radiation.

UC Davis study examines need for CT scans in children, The Sacramento Bee, May 10, 2011

Observation After Head Injury Cuts Kids’ CT Scans, WebMD, May 9, 2011

Related Web Resources:
Pediatrics

Radiology

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, April 23, 2011

US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009

Walgreens Pharmacy Misfill Leaves Toddler With Dangerous Drug, Pharmacy Error Injury Lawyer, May 4, 2011

Continue reading "Are Some Children Undergoing Unnecessary CT Scans? " »

More than a year after the family of Edward Givens filed a $17 million DC wrongful death case against the District and Emergency Medical Services medical director Dr. James Augustine, a judge says that their lawsuit can proceed under a new statute.

Givens, 39, died on December 2, 2008 after paramedics, responding to call that he was having problems breathing and experiencing chest pains, didn’t take him to the hospital and instead told him that he had acid reflux and he should take Pepto Bismo. He died six hours after receiving the wrong diagnosis. In 2009, his family sued for DC paramedic malpractice and wrongful death.

The District has been combating the lawsuit, claiming that case law doesn’t allow someone hurt by an emergency worker to sue. However, after paramedics didn’t immediately treat New York Times journalist David Rosenbaum because they thought he was drunk (in fact, he was beaten during a robbery), the District settled his family’s paramedic malpractice case. The city council has since passed a statute allowing victims to hold paramedics liable for negligence.

In the Givens’ family’s wrongful death lawsuit, the plaintiff say that the medical worker who treated him lacked the knowledge to provide the standard of care required to treat someone who was suffering from his symptoms. They claim that Augustine should have realized that the paramedic did not have skills to do the job right. In fact, the Washington Times reported in 2009 that numerous DC paramedics did not meet the national standard in tests about basic lifesaving procedures and their medical knowledge.

Just as a good paramedic can save lives, a paramedic who lacks the training and skills to do a proper job can cause serious health complications and even death. Patients are owed a certain standard of care. When failure to provide that duty of causes serious injuries, the negligent medical provider can be held liable.

Family Files Wrongful Death Suit Against DC, MyFox, February 28, 2011

Rosenbaum Lawsuit Settled, The Washington Post, December 21, 2007

Related Web Resources:
$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack, Washington DC Injury Lawyer Blog, December 9, 2009

Washington DC Man Dies After Paramedics Diagnose Acid Reflux, Washington DC Injury Lawyer Blog, December 8, 2008

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl, Washington DC Injury Lawyer Blog, March 4, 2010

Washington D.C. And Howard University Hospital Are Sued By Family Of New York Times Journalist For Wrongful Death, Washington DC Injury Lawyer Blog, November 28, 2006

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their "Drunk Driving. Over The Limit. Under Arrest" campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season's other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.
• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010

U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010

Underage drinkers a New Year's hazard, Washington Examiner, December 30, 2010

Related Web Resources:
What to do after a car accident, MSN

Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Continue reading "Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety" »

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

In their Washington DC wrongful death lawsuit, Stephens’ family claims that the three paramedics that arrived at the scene not only gave the little girl an inadequate examination, but also they refused to transport her to a hospital and were only in the home for 10 minutes.

The plaintiffs contend that DC fire and EMS improperly trained its EMTs and that paramedics have had problems passing training tests. In March, DC Police announced a criminal probe into one of the paramedics that responded to the emergency call. No charges have been filed.

Stephens’ family believes that the little girl would have survived if only the first EMS team had taken her to the hospital. They are seeking compensatory and punitive damages.

If you believe that Washington DC paramedic malpractice contributed to the injuries or illness of you or someone you love, you may have grounds for a DC personal injury claim or wrongful death case.

Family of 2-Year-Old Files Wrongful Death Lawsuit Against DC, MyFoxDC, September 30, 2010

A study on the University of Michigan Health System's disclosure-with-offer program has found that admitting medical errors and then offering timely compensation for resulting injuries does not increase the chances that a patient will file a medical malpractice lawsuit. Instead, what the program has found is that the health system has been received less medical malpractice complaints, obtained faster resolution of cases, and achieved lower liability costs.

Unfortunately, not all medical providers and professionals are as forthcoming. Frequently, doctors and hospitals and their insurers will try to combat any allegations of medical negligence while attempting to minimize financial liability.

This is why it is important that you are represented by an experienced Washington DC medical malpractice law firm that will protect your right to receive the maximum in damages that you and your family are owed.

Medical professionals owe patients a certain duty of care and even the simplest medical mistake can prove catastrophic. Milliman Inc. found, in a study commissioned by the Society of Actuaries, that almost 1.5 million medical errors in the 2008 cost the US economy $19.5 billion. $17 billion of this came from outpatient, inpatient, and prescription drug services for individuals that were affected by medical mistakes.

Yet medical mistakes continue to happen. The American Medical Association recently reported that for every 100 US physicians, 95 medical malpractice claims are submitted.

You have three years from the time of injury to file your Washington DC medical malpractice lawsuit.

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians, AMA (PDF)

Report: 95 medical liability claims filed for every 100 physicians, HealthCare Finance News, August 4, 2010

Related Web Resources:
Symptoms and Medical Malpractice, Wrong Diagnosis

Medical Malpractice, Nolo

Continue reading "Admitting Medical Mistakes Doesn’t Increase the Likelihood that a Patient Will File a Medical Malpractice Case, Says Study" »

According to a new study, the “July Effect” is real. Not only is July the month when medical school graduates are most likely to begin their residencies in teaching hospitals, but, it is also when teaching hospitals see a 10% rise in deadly medication mistakes. It is important to note, however, that the study, only suggests but doesn’t confirm that the new medical residents are to blame for these errors. There may be no link between the two at all.

Common reasons why a new medical resident might make a medical mistake:
• Professional inexperience
• Lack of sleep
• Fatigue from working 36-hour shifts
• Unfamiliar with hospital setting environment

The study, which can be found in the latest issue of the Journal of General Internal Medicine, was conducted by researchers at the University of California at San Diego who investigated over 62 million US death certificates between 1979 and 2006. 244,388 of the fatalities involved medication errors that occurred in hospitals. The statistics showed that except for at teaching hospitals in July, the chances of a medication mistake happening on any other month was relatively the same. Medication deaths involving unexpected allergic reactions and those that occurred outside hospitals were not included in the study.

In recent years, many teaching hospitals have put into place better supervision, policies to prevent medical mistakes caused by sleep deprivation, and other safeguards.

Regardless of which medical professional makes a medication error, this type of mistake can cause health complications, allergic reactions, and even death. Any type of medical mistake that causes personal injury or wrongful death to the patient can be grounds for a Washington DC medical malpractice lawsuit.

The 'July Effect': Worst Month For Fatal Hospital Errors, Study Finds, ABC World News, June 3, 2010

Hospital Errors: Be Wary Of The 'July Effect' (VIDEO), The Huffington Post, June 4, 2010

Related Web Resources:
Journal of General Internal Medicine

Teaching Hospitals, AAMC

Pharmacy Error Injury Lawyer Blog

Maryland Nursing Home Lawyer Blog

Continue reading "Washington DC Medical Malpractice?: July is Worst Month for Deadly Medication Mistakes at Teaching Hospitals" »

Too much of anything isn’t always good for you. In an article by AP Medical Writer Lauran Neergaard, she talks about how medical overtreatment can sometimes do a patient more harm than good.

Neergaard says that up to one-third of medical tests and treatments are unnecessary, including:

• Controversial fetal monitors that mistakenly indicate that a baby is in distress. These inaccurate results can lead to unnecessary C-sections.
• Subjecting a patient to too many CT scans can increase his/her cancer risk
• Unnecessary stents given to patients with blocked heart arteries can increase the chance of health complications
• Prescribing antibiotics for illnesses that can't be treated with medication
• Giving a patient too much anesthesia
• Prescribing multiple drugs can increase the likelihood of adverse drug reactions

Medical overtreatment refers to giving a patient more medical care than he/she required. In many cases, the outcome ends up the same or worse for the patient than if he/she had been given enough rather than too much medical care. Patients who experience medical overtreatment may have undergone unnecessary, invasive, painful and medical procedures and tests that could have been easily avoided if only the patient received the right amount of medical care.

Washington DC Medical Malpractice
If you or your loved one has suffered because a medical provider made a medical mistake, did not provide you with the proper medical tests or medications, wrongly diagnosed your condition, or administered too many tests or treatments that were unnecessary, you may be able to pursue Washington DC medical malpractice recovery from the liable parties.

Overtreated: More Medical Care Isn't Always Better, ABC News, June 7, 2010

Related Web Resources:
Medical Malpractice, Nolo

Medical Malpractice, Insurance Information Institute

Continue reading "Can Providing A Patient with Too Much Medical Care Be Grounds for a Washington DC Medical Malpractice Lawsuit? " »

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice
EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010

DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

Continue reading "Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl" »

The family of Edward Givens is suing the District and Fire and Emergency Medical Services medical director Dr. James Augustine for Washington DC wrongful death. Givens, 39, died of a heart attack in December 2008 just hours after a DC paramedic informed him he was suffering from acid reflux.

The wrongful death complaint holds the defendants responsible for Givens’ death because the paramedic allegedly committed paramedic malpractice. Mishandling documents, incorrectly interpreting medical information, and telling Givens to take Pepto Bismol are some of the actions cited in the Washington DC civil lawsuit.

Six hours after the paramedic’s wrong diagnosis, Givens was dead. The wrongful death complaint says that tests previously taken by the paramedic who treated Givens indicate that the medical worker did not display knowledge meeting the US standard of care for how a paramedic should deal with cardiac conditions and complaints. Givens’ family claims Augustine should have known that the paramedic's skills were not up to par.

Just this April, the Washington Times published an article reporting that dozens of DC paramedics failed to meet the minimum national standard during written and videotaped tests about medical knowledge and basic lifesaving procedures.

Paramedic Malpractice
Paramedics are often the first medical workers to treat patients in the event of an emergency situation. It is important that they are properly trained and can provide patients with the medical care that they need. Proper emergency medical care can save an injured, sick, or dying person’s life.

Paramedic malpractice is a form of Washington DC medical malpractice. Examples of paramedic malpractice include:

• Delayed diagnosis
• Wrong diagnosis
• Delayed ambulance arrival
• Unjustified delays when transporting the patient to the hospital
• Medication mistakes
• Not following proper paramedic treatment procedures

DC sued over heart attack response, Fire Rescue 1, December 9, 2009

Some D.C. paramedics to be retrained, The Washington Times, June 9, 2009

Related Web Resources:
DC Fire and Emergency Medical Services

Maryland Fire and Rescue Institute (MFRI)

Last week, families from outside Washington DC traveled to the US to ask Congress to preserve medical malpractice victims' legal rights. Their visit comes as the White House and Congress work on a final health care reform bill that has some lawmakers pushing to limit the legal rights of patients who were injured because of medical negligence.

According to USAction executive director Jeff Blum, about 98,000 Americans die every year because of medical mistakes. Public Citizen's Congress Watch division director David Arkush notes that even many medical errors are preventable, the number of people affected by medical mistakes has reached epidemic heights. He says that Congress should cure the epidemic, not limit victims’ rights.

Washington DC Medical Malpractice
Doctors, surgeons, nurses, anesthesiologists, dentists, plastic surgeons, optometrists, dermatologists, gynecologists, obstetricians, and other medical professionals must provide patients with a certain level of care. When failure to provide that care results in a medical mistake that causes injury or death, the medical provider can be held liable for medical malpractice.

Grounds for filing a Washington DC Medical Malpractice Claim:
• Failure to obtain informed consent
• Surgical errors
• Wrong diagnosis
• Delayed diagnosis
• Birthing errors
• Negligence, carelessness, or recklessness
• Medication mistakes
• Wrong site surgery
• Leaving surgical tools in patients
• Operating on the wrong body part or organ
• Removing the wrong body part or organ
• Anesthesia errors
• Performing the wrong procedure on the patient

Medical mistakes can be extremely painful and costly for the patient. A medical malpractice victim may even have to undergo more procedures and suffer from medical complications because of a medical error. Medical malpractice can even lead to Washington DC wrongful death.

Injured Medical Malpractice Survivors Travel to Washington, D.C., to Protect Patients' Rights, Common Dreams, October 21, 2009

Related Web Resources:
Medical Malpractice, Nolo

Health Care Reform, The White House

Medical Practice, Public Citizen

Continue reading "Medical Malpractice Survivors and Families Travel to Washington DC to Stand for Personal Injury Victims' Rights" »

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens's condition and if this contributed to his death.

Givens's mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis
If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008

Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Continue reading "Washington DC Man Dies After Paramedics Diagnose Acid Reflux" »

The mother of a teenaged girl is suing a Planned Parenthood in Washington DC for $50 million over a failed abortion. Shantese Butler, was just 13-years-old when her mother Emma Jean Butler took her to Planned Parenthood Metropolitan in September 2005 to have an abortion.

Shantese had gotten pregnant after being raped. The abortion left her with serious physical injuries, including a vaginal injury, abdominal bleeding, a cervical injury, uterine perforation, and a bowel tear. An exam the day after the procedure showed that parts of the fetus had been left inside her. Because of her injuries, Shantese can never have children.

Students for Life of America Director Kristan Hawkins say that Planned Parenthood denies responsibility for Shantese’s infertility and abortion-related injuries. Planned Parenthood says that Emma Jean’s claims are barred by assumption of risk and informed consent doctrines.

If you or someone you love was injured during a medical procedure, you should contact our Washington medical malpractice law firm today. We can determine whether a doctor, surgeon, hospital, nurse, or another medical provider was negligent or careless. You may have grounds to file a medical malpractice claim against all negligent parties.

Just this month, a Nebraska Planned Parenthood settled a personal injury lawsuit filed by a woman who also suffered injuries from a failed abortion. The woman nearly died when she experienced severe blood loss and a perforated uterus from the procedure. She has described the abortion as excruciatingly painful and three Planned Parenthood workers held her down while the Dr. completed the procedure. She had to be rushed to the emergency room after the abortion and a hysterectomy was performed.

Planned Parenthood Sued for $50 Million for Injuring Teen in Failed Abortion, Lifenews.com, May 28, 2008

Planned Parenthood in Nebraska Settles Near-Death Botched Abortion Lawsuit, Lifenews.com, May 27, 2008

BUTLER et al v. PLANNED PARENTHOOD METROPOLITAN WASHINGTON, D.C., INC., Justia.com

Related Web Resources:

Planned Parenthood

Continue reading "Planned Parenthood In Washington DC Sued For $50 Million By Mother Of Teenager That Had Botched Abortion" »

University Legal Services, Inc., an advocacy group for Washington D.C. children that have developmental disabilities, say that children at Riverside Hospital are in danger of “serious and persistent abuse and neglect.” City mental health officials will now begin to visit the hospital on a weekly basis to monitor the conditions there. Riverside Hospital treats youths up to 21 years of age.

The advocacy group’s report recounts incidents of physical violence (punching, slapping, choking, pushing) and verbal abuse by staff members and the use of physical restraints and seclusion to control patients’ behavior. Not enough supervision allegedly allowed teens to hurt themselves, steal bottles of medicine, and attack other patients. Treatment plans were supposedly not followed and living conditions at the facility were allegedly unsanitary and unhealthy.

Last December, one teen resident died at the hospital. The Department of Mental Health says the female teenager became ill last November and was sent to Georgetown University Hospital where she was placed on a ventilator. She was then taken by air to Inova Fairfax Hospital for cardiac surgery. She died the following month.

The department says that the hospital failed to order basic tests, document the teenager’s vital signs, tell a doctor that her condition was getting worse, or note down that she had a family history of heart disease.

Riverside hospital is a private, for-profit hospital.

When a person is seriously injured while staying at a hospital because of negligence on the part of any staff members, he or she may be eligible to file a personal injury claim or a medical malpractice lawsuit.

Doctors, nurses, and medical staff members are required by law to provide proper care to their patients—medically, emotionally and psychologically. If that care is abused or not properly given, the negligent party could be sued for negligence or malpractice—depending on the type of abuse or neglect that occurred.

Some causes for a personal injury lawsuit can include:

• Nursing home abuse
• Negligence
• Physical abuse
• Verbal abuse
• Neglect
• Sexual abuse
• Rape
• Financial abuse
• Wrongful diagnosis
• Failure to diagnose
• Failure to administer proper care
• Physician error
• Surgical error

Youth Hospital Faulted For Abuse, Washington Post, July 26, 2007

Related Web Resources:

Department of Mental Health, Washington D.C.

Riverside Hospital, Washington D.C., Hospital Data

University Legal Services

Continue reading " Children At Psychiatric Hospital in Washington D.C. Might Be In Danger of Injury and Abuse" »