Archive for the ‘Connecticut medial malpractice’ tag

A Patient’s Nightmare: When Surgical Tools are Left behind

December 8th, 2014 at 5:01 pm

Connecticut attorney, Connecticut malpractice lawyer, Connecticut medial malpractice, Connecticut medical malpractice lawyer, hospital negligence, surgical tools left behindA common nightmare for patients undergoing surgery is having surgical tools left behind inside the body. While a patient is on the operating table, sponges and towels may fall into open wounds. Additionally, broken pieces of instruments, stapler parts, and other sharp objects may also be left inside patients’ bodies.

In 2013, The Joint Commission, a healthcare safety watchdog group, released a report which discovered more than 770 incidents of foreign objects being left in patients both during and after surgery throughout a seven year period. In fact, the cases resulted in 16 deaths. Moreover, 95 percent of the cases required patients to remain in the hospital for a longer period of time. The incidents most commonly occurred in operating rooms, labor and delivery rooms, ambulatory surgery centers or “labs where invasive procedures such as catheters or colonoscopies take place.” Lack of policy and procedure, as well as failure to comply and communicate, were cited as common causes.

One of the goriest stories involving surgical tools left behind include a string of incidents which occurred at the University of Wisconsin. For five years in a row doctors left surgical tools in five patients. Two of these incidents involved a 13-inch retractors—a surprisingly long object to overlook.

Connecticut hospitals, however, do not have a much better track record. According to the Hartford Courant, state hospitals reported 65 cases of surgeons having left objects in patients between 2004 to 2008. One Hartford Hospital patient went through the same devastating experienced as the patient at the University of Wisconsin—a 13 by 2-inch retractor was left inside her body. It was not until two weeks after the initial operation that the mistake was discovered: the patient returned to the hospital complaining of sharp abdominal and neck pain, and then had to undergo a subsequent operation.

If you or someone you know underwent a surgery and experienced subsequent complications, perhaps caused by having surgical tools left behind, the most important step is to seek legal counsel. You do not go through it alone. An experienced Connecticut medical malpractice attorney can assist with your case and look out for your best interests. Call 203-226-6168 today to schedule your free initial consultation.

The Difference between Medical Error and Inherent Risk

November 11th, 2014 at 7:00 am

adverse events, Connecticut malpractice attorney, Connecticut medial malpractice, diagnostic error, hospital conditions, hospital negligence, inherent risk, medical error and inherent risk, medical malpractice attorney, medical negligence, medical procedures, medical side effects, Westport medical malpractice attorneyAll medical procedures have some degree of inherent risk. When things go wrong, it is not always the fault of the medial professional who is handling the situation. Sometimes an amalgamation of unforeseen events causes a patient to suffer unexpected consequences. These are what are known as adverse events. According to a paper from the National Institutes of Health (NIH), there is a big difference between such adverse events and negligence. Negligence implies that the less-than-great consequences of the medical procedure are the fault of the medical professional. Additionally, thousands of errors are made every year “resulting in injuries to patients who many deserve compensation.” Yet it can be challenging to determine what constitutes medical error and what is resultant from the standard risk inherent to medical procedures.

According to the NIH, a Harvard Public Health study found that roughly 27 percent of adverse effects from medical procedures occur because of negligence on the part of a medical professional. “Medicine is not an exact science,” the NIH states, “and complications are an inherent feature of any procedure or medical intervention.” Surgeries, across the board, typically carry a 3 to 4 percent risk of infection. While sterilizing equipment and ensuring that all professionals are held to the highest standard of cleanliness can help mitigate the risk of infection from unsterile objects during surgery, there is still this risk during a surgical procedure.

Another important distinction to make when determining medical negligence or error is that between system errors and negligence. A doctor is negligent, for example, if the patient is suffering kidney failure, needs dialysis, and the doctor fails to put the patient on dialysis. However, say the doctor does order dialysis but a nurse misunderstands and the patient does not receive dialysis. This is simple human error. A 1999 paper from the Institute of Medicine, “To Err is Human,” states that “most medical errors are the result of unavoidable human error, which can only be reduced through system changes.”

If you suspect that you have been the victim of medical error, the most important step is to seek legal counsel. Do not go through it alone. Contact an experienced Westport medical malpractice attorney today.

Hospitals Make More Money When Surgery Goes Wrong

October 6th, 2014 at 7:00 am

Connecticut attorney, Connecticut malpractice attorney, Connecticut malpractice lawyer, Connecticut medial malpractice, Connecticut medical malpractice lawyer, malpractice attorney, medical malpractice, medical side effects, surgery goes wrongA study conducted by the Ariadne Labs and published in the Journal of the American Medical Association shows that more money is made by American hospitals if a surgery goes wrong. As shared on the Harvard School of Public Health’s website, lead study author and Chief Medical Officer of Massachusetts Eye and Ear Infirmary stated how their finding of  “clear evidence that reducing harm and improving quality is perversely penalized in our current health care system.” Hence, if a patient goes in for surgery, he or she may experience worse complications afterwards than those experienced leading up to the surgery.

The report also noted that patients in the U.S. spend an estimated $400 billion on surgery every year. Those with private insurance, who had experienced complications after surgery, amounted for a 330 percent profit margin increase than those whose surgeries were successful. Therefore, this staggering number suggests that hospitals and private doctors are rewarded for incompetence rather than successful medicine.

Patients with government-subsidized insurance (Medicaid) who experienced complications during surgery also amounted for a higher profit margin for hospitals and doctors, but to a much lesser extent. For those privately insured, the report notes a $39,017 higher profit margin per patient in regards to associated complications. The profit margin was higher by less than $1,800 for Medicare patients.

According to WebMD, pain is the most common surgical complication. The degree of pain complication depends on the degree of invasiveness of the surgery. Other common side effects of surgery can include simple but extreme fatigue, or potentially fatal effects like severe blood clots.

If you or someone you know has experienced complications post-surgery and believe the hospital or surgeon to be at fault, please contact an compassionate Westport medical malpractice lawyer for a free initial consultation. Richard H. Raphael, Attorney at Law, represents clients in Westport, Weston, Darien, Norwalk, Stamford, Wilton, Greenwich, New Canaan, Fairfield, Bridgeport, Wilton, Ridgefield, Danbury and Trumbull as well as Fairfield County and New Haven County in Connecticut. Call 203-226-6168 today to discuss your case.  

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