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POSTS TAGGED "medical negligence"

Alternative Resources For Medical Malpractice & Personal Injury Victims

In order to give victims and their families a fair shot at adequate compensation for their injuries, Pegasus Legal Funding, LLC helps people by providing lawsuit cash advances.  In a country where there are about 100,000 wrongful deaths a year due to medical negligence, victims need a real chance to recover for their losses.  Often, medical malpractice and wrongful death lawsuits take years to resolve which can make life for a victim a miserable existence.  Pegasus Legal Funding, LLC, is devoted to making it possible and realistic for hundreds of thousands of individuals to adequately pursue their claims in a court of law.

Overtreatment: Study Warns Against Frequent Use of Endoscopy

As the old proverb says, too much of a good thing can become bad. In the case of a medical procedure that offers only marginal benefits, we might say that too much of something unhelpful is potentially even worse.

A new study says exactly that about a common procedure used to diagnose many cases of heartburn. Although endoscopies offer only slight benefits for heartburn sufferers, they can cause serious injuries under some circumstances. By ignoring the warnings of this study and relying on frequent endoscopies, doctors might be committing medical malpractice. Doctors would be running unnecessary risks with little treatment benefits to show for it. 

Are Some Hospitals Endangering Patients by Ignoring "Super Bugs"?


Experts have long warned about the possible development of antibiotic-resistant strains of bacteria and those fears appear to be coming true. According to a new investigative report from USA Today, American hospitals might not be doing enough to innovate new ways to slow the spread of these so-called "super bugs" in New York City and the rest of the country.

Since even the strongest antibiotic medications are useless against these infections and no new advances are on the horizon, it may be up to medical professionals to prevent the bug from infecting new victims. However, despite the growing awareness of this problem, many doctors, nurses and aides still do not have plans in place to recognize and respond to super bug symptoms. This needlessly endangers other vulnerable patients and could even reflect medical negligence



With New Technology, New Hospital Hazards, Part 2

Last week, a previous post presented the first three entries on ECRI Institute's list of technology-related hospital hazards. This list presents some of the potential dangers that result from huge improvements in treatment technology and processes.

4. Many patients have observed the source of a fourth potential problem. While electronic records have made it easier for all caregivers to stay on the same page and easily access a patient's information, it is also easier for mistaken entries to have a bigger impact. Errors or software glitches can affect patients throughout a hospital's system, throwing major wrenches into the treatment process.

5. Hospitals are also starting to plug these records into larger systems that can automate some aspects of treatment where appropriate. Again, these computer systems depend on reliable software and accurate data entry - mistakes can have dangerous consequences for patients, including misdiagnosis or medication errors.

With New Technology, New Hospital Hazards, Part 1

Advances in healthcare technology have improved many aspects of hospital-based care. However, these new and better processes and instruments also bring new areas of concern for doctors and other medical staff. The ECRI Institute, a non-profit healthcare research organization, recently released its sixth annual report that lists the biggest technology-related dangers in American hospitals.

Each of these ten dangers represents a potentially catastrophic opportunity for medical malpractice or negligence - patients and caregivers need to be aware of these problem areas. This is the first of a two-part series that will look at ECRI's concerns.

Do Unnecessary Medical Tests Open the Doors for More Hospital Errors?

 In an attempt to minimize lawsuits and protect patients from unforeseen illnesses doctors tend to order an extensive list of medical tests and procedures. But are all of those tests always necessary? In most cases, it appears that they are not - but they are often used as a defensive mechanism to protect doctors and the hospitals they work for. However, by conducting unnecessary tests, are health care providers opening the door for more hospital errors?

When medical professionals take an oath to protect the safety and well being of their patients this is probably their intention. However, with so many patients being seriously injured or even killed due to medical mistakes leaves the door open for even more questions. No test or procedure is completely error- or risk-free.

Lack of Adequate Staffing at Hospitals Is Not Only Factor in Patient Care

 Hospitals are not exempt from the financial pressures all companies face. Hospitals have cut their budgets by staffing less nurses at one time. This may save money, but it does not save lives. Everyone has the right to proper medical care, and inadequate staffing levels definitely can lead to sub-par levels of care.

But simply not having enough staff available during a shift is not the only thing that contributes to patient safety concerns, according to a recent study by researchers at the University of Pennsylvania. Poor staffing decisions can also lead to morale problems among nurses and aides, which, in turn, can trickle down and effect patient care.

Fewer nurses means that every nurse has a bigger workload and faces unending pressures. This often can lead to burnout. Nurses become disillusioned with their jobs and may not pay attention or care about their work. And this often causes mistakes, lowers the overall quality of hospitals, and makes it difficult to keep skilled employees.

New York's Reporting System for Hospital Errors Leaves Patients in the Dark

 Reporting of adverse events and hospital errors has always been less than accurate due to the fact that few federal regulations exist. In New York, it is even more difficult for patients to determine whether a hospital has a high rate of incidents, due to the NYPORTS program: New York Patient Occurrence Reporting and Tracking System. Under the program "adverse events" in New York can be kept secret.

The system was established by New York law and requires hospitals and other health-care facilities to report negligent acts, such as botched surgeries, medication mistakes and mysterious deaths. But buried deep into a hard drive state filing system, the information is essentially kept from the public. Take for example, a C-section surgery that was performed in 2007. It turns out that the woman was not pregnant. The medical mistake was reported through NYPORTS, but was never revealed in any public record. According to video depositions, the improper surgery was performed at New York Downtown Hospital in Lower Manhattan - but most surgical patients will never know of the hospital's negligence.

According to the New York State Health Department, hospitals have confidentially reported more than 40,000 "adverse events" since 2007, but a profile search of hospitals reveal only a fraction of these reports are open to the public. The botched C-section surgery is not included in the reports, even though hospitals are required to report medical errors within 24 hours of their occurrence.

Discrimination in Providing Medical Treatment is Medical Negligence

 Discrimination is illegal. It's illegal to discriminate against employees for their race, age, sex, and religious beliefs - yet, unfortunately, it does happen in the workplace. It's also illegal to discriminate against patients for their race and sex when providing medical care. But that was not always the case - especially when it comes to transgender and LGBT individuals.

A new policy recently released by the U.S. Department of Health and Human Services (HHS) made it clear to medical care providers that they cannot discriminate and refuse to give treatment simply because a patient in a federally-funded health care program is transgendered or LGBT.

Six years ago, New Yorker Jay Kallio transitioned from female to male. He relied on hormone treatment and never had gender reassignment surgery. At some point a suspicious lump in his breast tested positive for cancer, but he was never informed of the diagnosis, because, according to ABC News, the surgeon wasn't sure how to address Jay (as he or she) and "couldn't bring himself to tell his patient the grim biopsy results."

FAQ: Why is it important to hire a medical malpractice attorney with trial experience?

 A large majority of medical negligence cases settle out of court, but we always prepare to win in court. Strong trial preparation proves to doctors, hospitals and other medical providers (including their respective insurance companies), that we are serious about taking your case to court and we will not settle unless it is in your best interests.

To learn more about our approach and how we will handle your case, call us at 212-750-1200 for a free consultation.

Contact trolman, glaser & lichtman, PC

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