Archive for August, 2015

Medical Malpractice: Failure to Review Patient Test Results

August 27th, 2015 at 10:42 am

patient test results, medical error, Westport Medical Malpractice AttorneyWhen doctors do not follow medical protocol and address patients’ needs and concerns with the utmost care and attention, grievous errors ranging from misdiagnosis to death can occur.

Many people are surprised to learn how frequently medical malpractice occurs because of a physician’s failure to accurately review the results of a patient’s tests, reports and x-rays. In some of the most egregious cases of medical malpractice, a physician did not fail to adequately read or interpret a patient’s lab test, report or x-ray. Instead, he or she simply failed to review the information at all, in its entirety.

Patient Death from Failure to Review Test Results

In one patient’s case, a doctor’s failure to review the results of an electrocardiogram cost the patient his life. The patient, a 45-year-old male, entered a medical center with stroke-like symptoms. While in the ER, one doctor administered an electrocardiogram and sent the results to the patient’s family doctor who was on call at the hospital at the time.

Although the patient’s doctor was notified, she did not check in on the patient until the following day and, according to the patient’s attorney, she did not ever review the results of the electrocardiogram.

One week after the patient’s initial complaint, he suffered a heart attack and died. The patient’s family sued the family doctor for medical malpractice and negligence, claiming that the doctor’s misdiagnosis of his condition caused his death. The jury agreed and awarded the patient’s next of kin over $6 million in compensation for wrongful death.

Medical Malpractice Cases can be Complicated

Medical malpractice cases are complicated in the legal arena. Doctors, nurses, and hospitals are protected by numerous waivers, rules, and regulations, therefore making it difficult to sue. However, when a medical error does occur, a victim or a victim’s family should immediately consult with a skilled medical malpractice legal firm to discuss what litigation option may be available. Additionally, if negligence occurs, and a victim or family believes they can prove that the negligence caused suffering or death, they may have a strong case and may be awarded significant compensation for their losses. Consulting an attorney is essential.

Speak with a Westport, CT Attorney Today

If you have experienced a misdiagnosis that resulted in pain and suffering, or if you have lost a loved one due to doctor or hospital error, please contact a Westport medical malpractice attorney. We offer both advice and representation, will handle your case individualized attention and diligence, and will fight hard to get you and your family the compensation you deserve. Richard H. Raphael, Attorney at Law, is experienced in representing clients throughout Connecticut. 

CVSA Pulls Trucks from Road during Unannounced Safety Check

August 13th, 2015 at 7:00 am

truck safety check, Westport Personal Injury Attorney, unannounced safety checkThe Commercial Vehicle Safety Alliance (CVSA) recently announced the results of the organization’s annual, unannounced brake check. The event, part of the CVSA’s Operation Airbrake program, was held on May 6th in 32 different locations in the United States and Canada.

The unannounced event resulted in the inspections of 6337 commercial vehicles. Of those inspected, almost 10 percent were pulled off the road for excessive brake stroke violations. This means that the brakes of the vehicle were out of adjustment. Eight percent of vehicles were pulled for what was classified as brake component violations. These violations include air leaks, cracked or missing components, damaged brake hose or tubing, issues with drums or rotors.

In all, 14.2 percent of the vehicles inspected—approximately 900 commercial vehicles—were placed out of service because of unsafe brakes.

There were 111 vehicles inspected at the Connecticut location. Fourteen of those vehicles were place out of service for brake adjustment violations, 13 were pulled for brake component violations, and another 28 were put out of service for other brake issues.

The organization is now gearing up for its annual Brake Safety Week, which will take place from September 6th through September 12th. The event is held in partnership with U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). The inspections will be performed by both federal and state inspectors, with the goal of identifying vehicles with out-of-adjustment brakes and brake-system violations.

According to the announcement released by the CVSA, inspectors will be looking for the following violations:

  • Air or hydraulic fluid leaks;
  • Worn drums, linings, pads, rotors, or other faulty brake-system components;
  • Loose or missing brake-system components; and
  • Issues of the vehicle’s antilock braking system (ABS) malfunction indicator lamps.

During last year’s Brake Safety Week, there were over 13,000 commercial vehicles inspected, resulting in 2,162 vehicles being pulled off the road.

The braking capacity of tractor-trailers (and other commercial vehicles) can be a significant factor in truck crashes. It takes a loaded truck 20 to 40 percent farther to come to a complete stop than it does for an automobile. Hence, it is critical for the braking systems of trucks to be in safe working order.

If you have been injured in a truck accident, please contact an experienced Westport personal injury attorney today to find out what legal recourse you may have for your pain and loss.

FDA to Investigate Safety of Essure Birth Control

August 6th, 2015 at 12:11 pm

birth control safety, safety of essure birth control, Westport Personal Injury LawyerReports of serious concerns over a popular contraceptive, used by countless women, is coming under federal review due to multiple reports of dangerous medical complications suffered by women who have used the device.

The Food and Drug Administration (FDA) has announced that they are reviewing the safety of the implant Essure. The contraceptive device is manufactured by Bayer and has been on the market since 2002. The device is made of two metal coils which are inserted into the fallopian tubes as a way to block contraception.

However, the FDA says that they have received more than 5,000 complaints of medical issues, including abdominal pain, fatigue, headaches, and weight fluctuations, by female patients prescribed Essure since its approval. More than 400 women and/or their doctors have reported the coils moving away from the fallopian tubes and into other parts of the patient’s reproductive system.

There have also been reports of five fetal deaths, which occurred when the Essure device failed to prevent pregnancy.

Since its approval, the Essure device has been implanted into approximately 750,000 women. Based on the number of complaints the FDA has received, this means approximated one in every 150 women has had a problem with the device.

The FDA has scheduled a public hearing to be held on September 24, 2015 to review the safety of the product. The hearing will include the agency’s Obstetrics and Gynecology Devices Panel. This hearing is being scheduled due in part to a New York television news channel’s investigation regarding the inconsistencies which took place during the clinical trials of Essure. These trials, which failed to disclose complaints by trial patients, were presented to the FDA in order to get the agency’s approval for the device.

If you have experienced medical complications or other issues from having the Essure device implanted, or any other medical device issues, contact an experienced Westport personal injury attorney to find out what legal recourse you may have for your pain and loss. For a free initial consultation about your case, call Attorney Richard H. Raphael at 203-226-6168 today.

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