Archive for the ‘medical malpractice attorney’ tag

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.

Payout Caps & Connecticut Medical Malpractice Suits

September 26th, 2014 at 8:55 am

Connecticut malpractice attorney, Connecticut malpractice lawyer, Connecticut medial malpractice, Connecticut Medical Malpractice Law, Connecticut payout caps, medical malpractice, medical malpractice attorney, medical malpractice claim, medical malpractice suits, payout caps, Westport medical malpractice attorneyA measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.

Complications Of Bladder Sling Surgeries

June 27th, 2014 at 7:00 am

bladder sling, bladder sling complications, complications from surgery, Connecticut medical malpractice, Connecticut medical malpractice attorney, Connecticut surgery procedure, medical malpractice, medical malpractice attorney, Surgery, transvaginal meshMedical devices to help patients deal with incontinence have changed the lives of many for the better. At this level of surgery, however, complications can occur, and urethral sling surgeries for women often have severe side effects.

Bladder slings, or transvaginal mesh implants, are used to treat stress urinary incontinence in primarily post-menopausal women. According to, the implant of these slings requires deep incisions, meaning that it is an inpatient procedure. Usually patients are able to return home two to three days after the procedure, though the recovery period is usually two to four weeks after that. WebMD notes that while complications are common, the implementation of a bladder sling usually cures stress urinary incontinence in eight out of 10 women. reports that there are commonly used types of bladder slings. The first is called a tension-free vaginal tape (TVT) sling, in which the patient’s tissue is used to hold the sling in place instead of stitches. The second is a transobturator tape sling (TOW or TVT-O), which is a tension-free surgery that “has less risk of bladder and bowel injury in comparison with the TVT sling.” The third is a mini-sling, which has the least risk of complications after surgery. This is also the newest form of bladder sling, having debuted in 2006.

When bladder slings first hit the medical market, the side effects were not as well known or publicized as they are today. advises that side effects can include difficulty urinating, internal bleeding, and severe pain. Inflammation of the organs around the bladder is common, making sex difficult. Faulty mesh implants can result in the obstruction of the urethra, damage to the bowels, and injury to surrounding blood vessels and nerves. In September of 2013, according to Bloomberg News, the first wave of lawsuits against five makers of vaginal mesh implants went to court. “The total number of suits could swell to more than 50,000 as more claimants seek to join the potential settlement,” reported Bloomberg News.

If you or someone you know has suffered severe side effects because of a bladder sling operation in Connecticut, the most important step is to speak to an attorney. Contact Richard H. Raphael, Attorney at Law, for a free initial consultation today.

American Bar Association Connecticut Bar Association


Contact Westport Divorce Attorney


Disclaimer | Site Map | Privacy Policy

OVC Lawyer Marketing, Inc.