The most catastrophic injuries in hospitals are not always the ones seen in an emergency room. In 2010, misdiagnosis, failure to diagnosis, and medical error—generally described as “bad hospital care” by the Office of Inspector General for Health and Human Services—contributed to the deaths of 180,000 patients in Medicare. Additionally, in 2013, a study published in the Journal of Patient Safety stated that those numbers are much higher—between 210,000 and 440,000 patients annually. 

Brain Injury and Jaundice in Newborns

Kernicterus, a relatively rare yet severe form of jaundice, can cause brain damage in babies if left undiagnosed and untreated. Surprisingly, 60 percent of newborns are diagnosed with jaundice, which is the result of a baby’s liver not adequately removing excess bilirubin.

Bilirubin is a naturally occurring substance in the blood, which is removed by the liver. A low-level build-up of bilirubin is normal in newborns, and can often cause mild jaundice in babies. Additionally, it can sometimes take a few days for a newborn’s liver to function properly to remove the excess bilirubin, which is why mild jaundice is normal. However, if a newborn has jaundice and it is not properly monitored by doctors and hospital staff, it can become a serious problem and lead to severe brain damage for which the hospital would be liable.

Treatment for severe jaundice can include phototherapy, which alters the bilirubin in a baby’s blood from toxic to non-toxic. But in some severe cases, such as those that lead to kernicterus, a more extreme treatment such as a blood exchange transfusion may need to be employed to ensure the safety of the child. Hence, diligent monitoring is essential to help prevent the extreme from occurring.

Contact a Compassionate Medical Malpractice Attorney

If you or someone you know had a newborn suffer from misdiagnosed jaundice or kernicterus, you may be eligible for compensation. Contact a compassionate Connecticut medical malpractice attorney today to discuss your case and your options.

This November, a California surgeon was placed on probation after mistakenly removing a patient’s right kidney. The operation, conducted in 2012, was supposed to be performed on the patient’s left, cancerous kidney. The surgeon, a urologist who was licensed for 41 years, performed the operation from memory—a mistake that has since required an additional surgery for the patient.

While wrong-site operations are not the most frequent of surgical errors, they are more common than one may think. A 2010 study of 6,000 doctors revealed 27,370 adverse events which occurred during surgeries performed between January 2002 and June 2008. Twenty-five were identified as wrong-patient surgeries and 107 were identified as wrong-site operations. “Of these,” reports USA Today, “five patients who received unnecessary surgery and 38 who received wrong-site operations were significantly harmed.” One patient who underwent a wrong-site surgery died as a result.

Additionally, a 2006 study reported by CNN revealed even more disturbing statistics. The study found that approximately 2,700 mistakes that involve a wrong-patient or wrong-site operation are made every year. When broken down, this equals nearly seven mistakes made every day. And while the mistakes may not be made intentionally, when they do occur, they can have far-reaching, negative consequences.

Doctor Marty Makary, a surgeon at Johns Hopkins Hospital, reported in The Wallstreet Journal that although doctors take a vow to do no harm, they also operate under another unspoken rule in the field: “to overlook the mistakes of our colleagues.” Makary revealed how the astute perception of a nurse once saved him from cutting into a patient’s lung after an intern had prepped the wrong side. He also added how “U.S. surgeons operate on the wrong body part as often as 40 times a week.”

One recent event in Oregon left a little boy, who had come in for surgery to correct a lazy eye, with two painful operations. As the doctor was completing the procedure, she realized the operation had been performed on the wrong eye. “I feel like we had a right to know the second she realized she was in the wrong eye,” the boy’s mother told CNN. As a professional surgeon, the boy’s mother believes the doctor should have realized right away that she was not operating in the eye with the problem.

When a doctor makes a surgical error, such performing a wrong-site operation, a patient is likely eligible for compensation. If this has happened to you, you do not have to go through it alone. Contact a compassionate and experienced Westport medical malpractice attorney today. We are here to help you get the compensation you deserve.

Medical malpractice is the third leading cause of death in the United States, according to the Journal of American Medicine and as reported by Forbes. In the U.S., a malpractice payout is made every 43 minutes and amounts to a stunning $3 billion in 2012.

However, according to Forbes, there are several steps a person can take to avoid malpractice suits—the most important of which is to be your own healthcare advocate. Understanding medical malpractice and how to approach it is the most important step to dealing with it and getting your life back on track in the event of a malpractice issue.

To begin, you have the right to file a malpractice claim if “a provider’s negligence causes injury or damages to a patient,” reports Forbes. Negative results from medical care do not always amount to a malpractice claim, however, and there are certain limitations regulated by the state when it comes to what types of incidents can be considered malpractice, as well as the timeframe for which a claim can be filed.

More than 80 percent of all malpractice claims filed in the U.S. every year do not result in payouts to the patients or the survivors of affected patients. In addition, there is a statute of limitations in which the claim can be filed. This varies from state to state. In Connecticut, according to the office of the state’s Chief Attorney, Connecticut state law requires that a medical malpractice suit be filed within two years from the date “when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered.”

The Chief Attorney’s Office notes, however, that if a patient can prove that the medical professional had a continuing duty to warn him or her about the consequences of malpractice or possible negative effects of procedure, the statute of limitations can be extended. There must be evidence that the doctor failed to fulfill his duty in the period that follows the original wrong, and that duty must be proved to be within the typical standard of care.

If you suspect you have been victim of medical malpractice and have questions regarding the medical malpractice statute of limitations, the most important step is to seek legal counsel. Contact a Westport medical malpractice attorney today.