Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Medical Malpractice

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A recent study looked at the medical malpractice claims of the 2 largest insurance companies in Massachusetts during five years. The study, published in JAMA Internal Medicine and led by Doctor Gordon Schiff (Brigham and Women’s Hospital’s Division of General Internal Medicine and Primary Care) looks at patterns of primary care malpractice types.

During the five years under review there were 7224 medical malpractice claims of which 551 (7.7%) were from primary care practices. Out of these 551 cases, researchers found out that most medical claims were failure to properly diagnose a condition (72.1%). Other malpractice claims were related to medication errors (12.3%), medical treatment errors (7.4%), failures to communicate properly (2.7%), patient rights (2.0%), and patient safety or security(1.5%).

According to the author “many of these claims “appear to be due to failure in more routine yet high volume outpatient office processes”. The study also found some evidence suggesting that “outpatient primary care in general and diagnostic cases in particular were less defensible than other malpractice claims because they were significantly more likely to be settled (35.2% vs 20.5%) or result in a verdict for the plaintiff (1.6% vs 0.9%) compared with non–general medical malpractice claims.

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The medical malpractice case of 6 year old Claudialee Gomez-Nicanor who died after Dr. Arlene Mercado failed to diagnose her Diabetes Type 1 raises questions about the quality of care for Medicaid patients.

A pediatric endocrinologist treating a Medicaid patient earns $30 a visit while a pediatric endocrinologist treating someone with private insurance gets nearly $100 an hour. So Medicaid providers often have trouble filling their networks with enough doctors who specialize in common issues like diabetes. Patients are sometimes left to the lesser skilled or lesser known-doctors who can’t afford to turn away the business.

You can read the complete story in a very detailed article from the Village Voice.

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After a surgeon realized he operated on the wrong leg of the patient he immediately reported the error to the hospital and offered a thorough apology to the patient. Should he be punished for this medical error?

This was the question asked by The New York Times to its readers in the Sunday Dialogue. Most readers believe he should.

At Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz although we believe that a doctor in such an obvious case of negligence should apologize he should also be held responsible for his glaring error and that the patient should be compensated for the pain and suffering, otherwise unnecessary further medical treatment and loss of income caused by the doctor’s inexcusable negligence. The author states”People in the medical field are well intentioned and feel great distress when they harm patients.” That may be so but it does not compensate the patient for the error. What often happens in these cases is that the doctor’s insurance company puts the patient thru unnecessary litigation rather than settling an obvious case of negligence for fair and adequate compensation.

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stent.jpgMedical Malpractice related to Cath Lab procedures are on the rise as overuse of Cardiac Stents lead to an increase of deaths linked to this type of procedure.

In a recent article on Bloomberg, Sydney P. Freedberg, describes the shocking extreme the administrators at Satilla Regional Medical Center in Waycross, Georgia went to in order to keep their cath lab operating and producing revenue.

Because of its remote location, the hospital was unable to attract competent cardiovascular surgeons. In order to keep their cath lab running the administrators paid an extravagant salary to a non qualified surgeon, Dr. Azmat whose only experience with cardiac stents was a two weekend course experimenting on cadavers and pigs.

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Jeffrey%20Bloom.jpgOur partner, Jeffrey Bloom, will be speaking tomorrow at the “Mt. Sinai Update 2013: Breast Imaging” program. This program is designed to cover clinical aspects of breast imaging including digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. The faculty consists of twelve nationally and internationally recognized experts. Jeffrey Bloom will be speaking on the subject of Breast Imaging Malpractice and provide a Plaintiff’ Attorney’s Perspective. The complete Agenda can be found here.

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Diagnostic errors are among the leading causes for Medical Malpractice Claims in the US. They cause personal injury to patients and waste resources.

Recently the Society to Improve Diagnosis in Medicine (SIDM) announced that the Institute Of Medicine (IOM) had accepted the SIDM’s proposal to undertake a report on diagnostic error as the next volume in the Crossing the Quality Chasm series. The “Quality Chasm Series” started in 2000 with the report “To Err is Human”. The publication of this report is often associated with the beginning of the patient safety movement.

Other IOM’s Quality Chasm series includes Health IT and Patient Safety (2012), Preventing Medication Errors (2006), and Crossing the Quality Chasm (2001).

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Most Surgical Fires result from Medical Malpractice or negligence causing serious injury, disfigurement, and even death. They occur in, on or around a patient who is undergoing a surgical procedure. An estimated 550 to 650 surgical fires occur in the United States per year. Despite the fact that the root causes of surgical fires are well-understood, surgical fires still occur.

To promote actions to reduce the risk of risk of surgical fires.The Preventing Surgical Fires Initiative is celebrating its second anniversary during National Fire Prevention Week, October 6-12, 2013.

Fires happen during surgery because the 3 elements needed to start a fire (fire triangle) are present in an operating room:

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Errors when prescribing opioids may constitute medical malpractice that can lead to the death of a patient. In the US, the use of opioids to treat chronic non-cancer pain has increased dramatically in recent years and because of their highly addictive nature, some patients may use prescribed opioids for non-medical purposes increasing their risk for injury or death.

Providers may make multiple errors when prescribing opioids for non-cancer pain. Most common errors are inadequate screening for safe and effective opioid use, inability to monitor adherence, improper selection of opioids and insufficient consideration of co-morbid conditions.

In a recent case study, Web Morbidity and Mortality analyses the case of a 42 year old man who died of an overdose after doctors did not follow appropriate prescription practices.

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The number of deaths resulting from Medical Errors in Hospitals have been grossly underestimated according to new estimates developed by John T. James, a toxicologist at NASA’s space center in Houston. James runs an advocacy organization called Patient Safety America that he created after his 19 year old son died as a result of medical malpractice in a Texas Hospital.

In 1999, “To Err is Human Report“, estimated the number of deaths resulting from medical errors in hospitals at 98,000. In 2010, The Office of the Inspector General for Health and Human Services said that bad hospital care contributed to the deaths of 180,000 in Medicare patients alone in a given year.

According to the study published in the current issue of “Journal of Patient Safety” these numbers are too low and the true number of premature deaths associated with preventable harm to patients is estimated at more than 400,000 per year.

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$ 91.7 million was paid for more than 400 medical malpractice claims against the Department of Veterans Affairs in 2012. Cases included missed diagnoses, delayed treatment and procedures performed on wrong body parts. The highest settlement which was also the largest in 12 years was for $17.5 million to the family of Christopher Ellison who was left permanently incapacitated after getting teeth extracted at a Veterans Medical Center in Philadelphia.

Veterans%20Medical%20Malpractice%20Claims.pngFollowing the wars in Iraq and Afghanistan the number of veterans taking advantage of VA medical care has risen significantly. Last year, the 152 VA hospitals and 190,000 doctors treated 5.6 million veterans, an increase of more than 30% compared to 10 years ago.

In the next 4 years, 1.2 million soldiers will become veterans. Some of them who fought in Iraq and Afghanistan are suffering post traumatic stress disorder while others survived injuries that would have been fatal during World War II or the Vietnam War.

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