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“It just happens…” or “It is nobody’s fault…” are the usual statements you hear when you ask a doctor or a hospital administrator about infections.  One might be left with the idea that if you or a loved one goes to the hospital and gets infected that it is merely a complication and maybe even inevitable.  Betsy McCaughy, founder and chair of the Committee to Reduce Infection Deaths said “This is the next asbestos.  Now that the evidence is overwhelming that nearly all infections are preventable, hospitals that do not follow the proven protocols are inviting lawsuits.”

The Committee’s website has three excellent articles, complete with citations, that detail what you can do so the “inevitable” does not happen to you.  In abreviated form they are:

15 STEPS YOU CAN TAKE TO REDUCE YOUR RISK OF HOSPITAL INFECTION

The site also has a number of other lists of how athletes and students can avoid infections.

All of the steps above are proven to decrease the chance of infection.  Larger hospitals use epidemiology and quality assurance measures to make sure these steps are being taken.  Sometimes, however, for whatever reason (money) these “enforcement” actions fall by the wayside and the hospital should be held responsible.

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In common there are many malpractice cases happening all around the world. There are certain injuries which happen due to lack of due diligence from behalf of the professional workers. These kinds of professional malpractice will be more harmful in nature compared to others. The professional malpractice should be completely destroyed. The professional malpractice in the sense is not just narrowed with any specific type of profession. There are many fields like doctors, lawyers, financial advisors, psychologists, and so on, where these kinds of offence are most common. In the field of professions the most common and important fields to be considered where the malpractice will be more injurious are medical and legal.

There are few legal malpractice cases which happen when dealing with lawyers but there is no precise definition of legal malpractice. Malpractice cases in the medical field are more dangerous and hazardous since they may lead to severe injuries or may even result in human death. Any malpractice in this field doesn’t mean that the doctor alone is responsible for that case – it is the complete group of workers like nurses and other staff who is responsible and also the responsibility of a hospital. Any malpractice in the medical field will allow people to sue the psychiatrist, dentist, nurses, or even the hospital since they are liable for the injury. For the purpose of avoiding such cases the professional malpractice background check is performed for each and every employee applying for the job. Such a background check will help identify the person who was involved into malpractice in his professional history so that an employer would be able to choose a right person for the job.

The public records are maintained at the federal level about the professional malpractice cases so that with the help of such records and some others a check if the person has been involved in illegal activities or malpractice cases can be conducted easily, and can be fired out easily. There are different levels of injuries depending on the profession and the activity. There is a certain acceptable range, in which a case can be considered as an accident, and the malpractice record by the harmful professional can be avoided. Thus, finding the right professional is also one of the biggest challenges since there are many professionals available in every field. If we identify the background history of a person then the injuries due to malpractice can be much more reduced. For this purpose the background check of everyone you are dealing with is most important and recommended.

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An Arizona medical malpractice reform bill, which was signed into law last summer and went into effect recently, makes it harder for patients to sue hospitals, emergency room physicians, on-call specialists, and other hospital personnel involved in providing emergency treatment.Senate Bill 1018 raised the burden of proof required by plaintiffs to sue health care practitioners. Under the new law, plaintiffs will have to prove by “clear and convincing” evidence that the health care provider committed negligence. “Clear and convincing” evidence is the highest legal standard of proof required in a civil case, and is not easy to prove. Previously, plaintiffs only had to prove by a “preponderance of evidence” that negligence had been committed. “Preponderance of evidence” means that the evidence shows that it was more likely than not that the medical professional’s acts or omissions violated the accepted standard of medical care and caused the patient’s injury. This standard is considerably easier to prove than clear and convincing evidence.Proponents of this change believe that making it harder to sue emergency medical personnel will encourage doctors and specialists to care for emergency room patients and will improve the overall quality of emergency health care. Concerns over the loss of doctors and specialists in the emergency medicine field due to high insurance premiums and fear of lawsuits prompted the Arizona legislature to make the reform. Opponents to the change have argued that the reform will make it difficult to for injured patients to bring or win a malpractice claim against emergency care providers. They claim that the chilling effect caused by the higher burden of proof will discourage injured patients with legitimate claims from pursing their valid malpractice cases and that the new bill will give favored status to emergency room providers. Opponents have also challenged the allegation that the bill will encourage specialists to provide emergency care. Patients in emergency rooms often cannot pay, the opponents claim, and changing the burden of proof for malpractice cases will not change the fact that specialists want to be paid.

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You wouldn’t ask a neurologist to prepare a demuerrer. So, why do insurance companies ask claims adjusters and attorneys to interpret medical records and opine on the standard of care? Since, experts are hired for all other elements of cases, maybe we shouldn’t hastily dismiss the value of an expert review of the medical records. After all, medical records are the heart of all medical malpractice cases.
Legal staff and adjusters lack the expertise to assess the value of key medical data. Medical practitioners aren’t trained in preparing reports for litigation, resulting in poor quality work and exorbitant fees for their time. Not only do these practices neglect the need for expertise, they can compromise the strength of each case. Rectify this by strategically placing a medical record review expert on your case management team to evaluate and so you can choose to defend on breach of standard of care or causation. Legal nurse consultants are the perfect experts to steer your cases in the most advantageously effective and cost efficient direction.
I began my career as a medical surgical nurse, and in my 18-year career in surgery assisted in over 10,000 operations. In 1987, I co-founded a multi-specialty surgery center where I began working with insurance companies and attorneys in medical litigation. It was clear then and still is today, that the wrong people are often charged with the important task of reviewing medical records, consuming a company’s time and resources ineffectively. This is why I started Med Legal Consulting Source almost ten years ago.
Expertise in any area only comes with years of experience. Malcom Gladwell explores the concept of 10,000 hours in his book Outliers by considering how much time must be invested in order to become an expert in anything. When it comes down to it, lawyers are experts in the law, so we should rely on their expertise when it comes to the law. When expertise is needed regarding medicine or medical records rely on doctors and nurses. Record reviews require that same level of expertise, experience, and training; but also need a bridge between the legal and medical elements involved. Legal nurse consultants can provide both the expertise and the bridge.
In my experience plaintiff attorneys are becoming more savvy and sophisticated. They have to choose their med mal cases more carefully. It is becoming more common in their practice to have records reviewed prior to filing law suits. And despite legislative measures devised to reduce frivolous claims, medical malpractice claims are a growing reality. In order to match their methods and handle the growing volume, you should seriously consider implementing this expert level of review in the management of all of your medical malpractice claims. Do not give plaintiffs a head start or an advantage by not having a parallel record review process in place.
In this economic climate, it is vital to use your assets efficiently. Don’t pay a lawyer to do a nurse’s job. Let attorneys be free to do what they are trained to do and litigate claims. Medical records contain some of the most important, case-informing data of any resource. Their review cannot be limited to a cursory aspect of case management. With proper analysis, medical record reviews can account for massive savings of time and money while adding precious strategic value. Legal nurse consultants have experience and expertise needed to review records and provide insurance companies and law firms with the information to defend claims appropriately. It is essential, now more than ever, to embrace nurse record reviews in your litigation management to control outrageous costs associated with defending claims.
People under value the role a good medical record review plays in the foundation of a case. 70% of the evidence in a medical malpractice claim is the medical records. Lay your foundation from the beginning to support the defense you will build by starting with a proper review of the medical records.
Having an attorney or licensed physician review records to determine if there was a breach in the standard of care is both complicated and expensive. Legal nurse consultants are experienced and capable of making standard of care analysis for nursing and medical deviations. Although not all are the right expert to opine in court, their skills sets can be utilized to leverage your defense dollar early in the claims process to understand where your exposure lies, determine the extent of the injury, choose which experts to engage, and arm you with the medically relevant data to outline your strategy moving forward.
An early evaluation in the claims process ensures adjusters are not bogged down with the review of records. A brief abstraction and analysis provides a clear determination of merit to understand standard of care deviations and areas of exposure prior to forwarding a file to an attorney and providing the opportunity to settle before incurring unnecessary attorneys’ fees. By outsourcing the initial review of medical records to experts for an analysis, it enables claims management to handle more cases, settle sooner, and set aside reserves appropriately.
Given the financial implications of improperly reviewed records, our clients have come to expect the advantage our record reviews provide them. The Med Legal difference starts with an understanding that medical records often contain pivotal data. That data alone can build your case, defend your position or even help settle the case before costly litigation fees are incurred. Our patented multi-tier record review system, our highly-trained teams and the technology we use to facilitate the process, are three key workflow features which underscore our exclusive value. Each of these three components is designed to ensure efficiency and quality, not only impacting cost savings but bolstering our clients’ strategic position as well. The result: better decisions, made faster, without costly legal counsel.
Should the claim require an attorney, reduce associated expenses by providing them with a chronology and expert analysis as tools through the litigation process, allowing them to focus on building a defense by understanding the case’s strengths and weaknesses from the onset. If no breach in the standard of care occurred, this will also be revealed through a thoughtful review of the medical records, giving you and your team the information necessary to get the claim dismissed.
If a claim is substantiated, mitigating damages can be difficult, but is possible through a thorough analysis by a nurse consultant company that specializes in reviewing medical records. I have found that record review reports need to include, in addition to a chronology of events and deviations in care, the identification of case strengths, weakness, and potential deponents; these are invaluable in discovery and the defense of the claim. Then the initial evaluation reports can be used as communication tools and references throughout the life of litigation. All this can be done prior to obtaining expensive testifying experts.
Should the claim require retaining experts, a legal nurse review will not only identify which experts to obtain, but what records they need to review. This allows you to save on record review costs by reducing the time it takes for experts to read irrelevant and/or redundant records. In addition, providing experts with a chronology reduces their time in figuring out what occurred and what elements of care to investigate and opine on. The role of a legal nurse consultant and their work product has a cost saving impact throughout litigation.
However, not all legal nurse consultants are the same. Selecting the right team to review your records is as critical as selecting any of your other experts. Assessing clinical experience and specialties, considering education, training and certification, and evaluating consulting exposure and abilities, are all important components in selecting legal nurse consultants. As with most experts, there are varying degrees of competence, ability to execute, and speed at which they produce. My intention with Med Legal Consulting Source was to not only build a business designed exclusively to review and analyze medical records, but to define the industry by assembling the most talented expert legal nurse consultants. To do so, our company has the highest standard for quality and thus, consists of highly qualified nurses. All of our legal nurse consultants that undergo the industry’s most aggressive vetting process; only 3% of nurse applicants have ever made our cut. And once hired, they receive extensive ongoing training to meet our continued expectations.
In my experience, no matter how well a single reviewer analyzes the records, even a seasoned nurse consultant, a single review does not compete with a multi-level review. This is why Med Legal Consulting Source has a patented process for reviewing medical records. This proprietary system was developed to minimize the weakness of a single reviewer. There are too many details and moving parts to patient care. At Med Legal every record we touch is reviewed by not one, but two specialized legal nurse consultants. Through this collaborative effort, each nurse expert adds their own distinct analysis, building reports that account for every interpretation and strategic consideration extractable from medical record data. Following careful analysis, the reports are then handed off to one of our trained editors who translate the reports into easy-to-read documents; constructed with careful consideration for language choice, grammar and clarity. This unique editorial supplement ensures that every ounce of content is easy to find, comprehensible, and most importantly, useable by legal, medical and operational staff alike. A layered quality assurance process should be in place to ensure that no stone goes unturned and that you get all of the advantages up front.
Your claims need nurse consultant reviews and a process that enable you to outsource the review of medical records with comfort and confidence. The result will be: stronger data, sooner. And strategic insight that can single-handedly change your position in a case.
Partnering with a legal nurse consulting firm like Med Legal Consulting Source, gives you a competitive edge. With upfront, tailored budgets, Med Legal’s approach to record review and claim management provides the flexibility to work with your schedule and budget while discovering the vital information you need. The work is delivered in timely, thorough, customizable reports that make even the most complicated case comprehensible for all levels of client staff. Our team, patented medical review process, and our system for meeting individual client needs have established Med Legal Consulting Source as innovators in the medical legal field. Your medical malpractice cases deserve expert medical record reviews.

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The terrifying reality of medical malpractice is that it is often far too late for positive intervention after the event and, even if the claimants are successful in their monetary claims, the damages can never quite be rectified.

 

Avoidable deaths cost tax payers millions

 

South Africa is not alone in the fight against medical malpractice and negligence. Recent figures released in Italy indicate that nearly 6% of all their deaths can be attributed to malpractice or simple inefficiency. This means that more Italians die unnecessarily in the hands of health care professionals than to motor vehicle accidents, heart attacks and forms of cancer.

 

These avoidable deaths cost the Italian tax payer in the region of €10 billion every year, which effectively translates into 1% of the gross domestic profit.

 

Penis amputations not unheard of

 

Closer to home, a South African man joined the throngs of other victims worldwide who have had their penises amputated either in error or because they were not correctly diagnosed and not referred to a specialist in time.

 

This time the health care workers at the Bophelong Hospital in Mafikeng failed to refer the victim to an urologist and opted to lop off his manhood instead. The man successfully claimed R465 000 for the “incident”.

 

Negligence leads to permanent brain damage

 

Another horror story that led to the largest medical malpractice claim in the country at the time was the story of an infant girl who, through negligence, was left permanently brain damaged after a relatively minor operation.

 

The anaesthetist failed to examine the two and half month old infant prior to the operation and consequently failed to detect a mild heart defect. What ensued were poor levels of oxygen during the procedure which in turn led to permanent brain damage. Her parent’s laid a claim of R100-million against the George clinic and three of the doctors involved in the procedure.

 

Erroneous swab causes unbearable complications

 

A woman who went in for a routine abdomen operation is suing a Johannesburg hospital for R1.3 million. Her wounds became septic shortly after being discharged and, on further investigation, it was discovered that a medical swab had been left in her abdomen during the procedure.

 

Apart from suffering a nervous breakdown because of the pain associated with the error, she has had to undergo a further two operations to sort out the damages incurred by the negligence, and has since developed diabetes.

 

Quick medical malpractice shockers

 

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Common Questions about Medical Malpractice Cases

Medical malpractice happens when any type of healthcare provider, such as a doctor, surgeon, nurse, pharmacist or EMT, is negligent in his or her duties, does not perform in a manner that would be an accepted standard of care for the specific situation, and causes harm, or death, to a patient.

Medical malpractice can also be called medical negligence. The presence or extent of medical malpractice may not always be evident to the victim or victim’s family. Medical experts and medical malpractice attorneys can provide insight if medical malpractice is suspected.

Some of the most frequently reported types of medical malpractice include:

If I’m Not Satisfied with the Outcome of a Surgery, Could I Have a Medical Malpractice Case?

Unsuccessful surgeries or unanticipated results from a surgery do not automatically equal a medical malpractice case. However, if you suffered a substantial injury with long-term repercussions, and your surgeon’s failure to provide an acceptable level of care or skill caused the injury, then you may have a case.

Yes, in most cases. When you sign a consent form, you are typically only acknowledging that you have been informed of the risks related to your surgery or treatment. Signing a consent form never gives a doctor or other healthcare professional the authority to be negligent in performing his or her professional duties.

How Will a Jury Decide if Medical Malpractice Took Place and I Deserve Compensation?

Not all medical malpractice lawsuits end in court. Many are settled prior to the trial date. If you do go to court, a jury will usually hear your side of the story and expert testimony on your injuries and on the care you were given. The medical professional (or in some cases, medical facility managers) you believe are at fault may testify, as well. Be prepared for a discussion of your role in your own care and any underlying medical conditions that could have been a factor in your injuries. The jury will then be asked by the judge to weigh all the evidence and decide if all of the elements of a medical malpractice case have been proven.

What Should I Do if I Believe I Have a Medical Malpractice Lawsuit?

Your first step should be to speak with an experienced and reputable medical malpractice lawyer who can thoroughly analyze your case and give you advice on how to proceed. There are specific time limits involved with medical malpractice claims, so it is important to act quickly.

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I just want to get an idea of whether plantiffs generally win malpractice suits or whether doctors win.

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As a lawyer who’s handled medical malpractice and negligence court cases in New York, you learn one thing very quickly. Unfortunately in this country, the practice of medicine has become a business and too many people dont get the care that theyre supposed to get. And its not only doctors who do something wrong. Very often its just endemic to our system, its part of our system. You have hospitals that cant handle the load. And as New York malpractice lawyers, we had a case once and Im convinced to this day, it was a case involving a child who was brain damaged, at birth, and Im convinced to this day that that occurred because the hospital was just too busy and didnt have an experienced doctor on the floor to make the decisions that have to be made regarding the delivery of that child. I handled that medical malpractice and negligence court case for many years. What was interesting about it, to me, and something that you know, maybe its important why clients should think of this firm, is what we did when we handled that case. Because back then, this firm was a different kind of firm and we didnt do our own medical malpractice cases. We allowed other New York malpractice lawyers to do it. And we brought in people who I considered experts. The reason, by the way, that I did that, is back then I didnt consider us great, yet, at medical malpractice. And I wasnt going to do it unless I was great at it. So I gave it out to people who I considered great. And no one wanted the …

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When people go to a hospital, clinic, nursing home or other medical setting, they have a legal right to make the assumption that the medical care that they get from doctors, nurses, lab technicians or other medical professionals meets a minimal standard. Medical negligence cases happen when these professionals fail to meet that standardSome common scenarios which can lead to a medical negligence case include failure to diagnose, misdiagnosis, delayed diagnosis, or medical unprofessionalism. Other things which could lead to a medical negligence case include medication errors such as being prescribed too much of a medication, being prescribed an incorrect amount of a medication, being prescribed an incorrect medication, life threatening medication interactions, surgical errors, or birthing room errors that result in problems for infants. Going forward with legal action in a medical malpractice case is not something to be taken lightly. It can be very emotionally difficult, and in some states there may be a limit on the financial amount that a plaintiff can sue for. Nonetheless, if a individual is under the assumption that he or she has been the victim of medical negligence, it is still very important that the person contacts an attorney seeking legal advice as soon as possible because there are statute of limitations issues which apply. In other words, if a person waits too long to pursue legal action, they may be unable to bring a case to trial and win any financial compensation in their medical negligence case.When a person seeks out the counsel of a lawyer in cases of suspected medical negligence, the attorney will do an investigation to see if the individual may have a viable case in court. The attorney, if he or she decides to, can then aid the individual in pursuing legal action. In the vent of a trial win, the lawsuit will result in the plaintiff being awarded a settlement which will help compensate for troubles such as lost employment and wages, mental stress, permanent or temporary disabilities, and medical charges that have been incurred as a result of the medical negligence which occurred.

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The term Personal Injury refers to harm that is caused to a person including bodily damage or slander. Injury that is incurred by accident, negligence or inflicted with intent all classify as Personal Injury.
Medical Malpractice falls under the Personal Injury umbrella and is a relatively common occurrence. This is action or failure to act in accordance with the accepted standards of the medical community. When a health medical facility or professional provides a standard of care that is negligent and results in injury to the patient, it is considered malpractice. The following are typical issues:
- Lack of or mis-diagnosis. This can result in worsening of symptoms or illness or create a new illness in the patient. In this event, the patient may not have given all pertinent information for the doctor to make an appropriate diagnosis. The individual is responsible to answer all questions truthfully to assist the doctors work. Especially important is disclosure of all medications being taken, as they dramatically alter the picture of a patients health. It is also sometimes the case that all information was given but not taken down or was mis-read. It may also have seemed irrelevant in the scenario.
- Surgical errors. The result of this is physical damage to the body whether internal or external. It may result in maming, causing emotional damage to the patient and requiring additional expense for correction. It may also cause an organ to require repair or replacement.
- Prescription or medication errors. This is an adverse affect when the wrong medication or wrong dosage of the right medication is recommended. There have been recalls by the FDA on weight loss and other products that were found to cause organ damage. Individuals who have suffered these damaged are eligible to file a lawsuit against the maker of the product. Other suits may stem from cases in which a patient did not disclose other medications being taken and suffered side-effects of the interaction.
- Accidental or wrongful death. This is the worst-case scenario and may be caused by any or all of the above events and warrant a lawsuit by the remaining of the victims family.
A suit should be filed whenever it can be proven that the professional was responsible to provide a standard level of care and failed to meet the standard, resulting in injury to the victim. Since statute of limitations vary from state to state and will then become ’statute barred’ and not succeed, the suit should be filed immediately after the occurrence. Professional legal assistance is required, since only 38% of plaintiffs are compensated when representing themselves. Victims or their families should seek a board certified attorney. Board certification indicates that an attorney is respected within the field and has substantial experience, having tried at least ten cases in civil court.
In the event that a victim questions whether their situation classifies as medical malpractice, they should err on the side of caution. A reputable attorney will provide good advice and many offer a free consultation. From there, a course of action can be decided and there are agencies available to help with the costs incurred to pursue the case in court.

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