New York Malpractice & Injury Lawyer Blog

When people think about medication errors, senior citizens typically come to mind. We believe that the elderly get confused more often and, because of this, it is easier for them to take too many pills, not enough pills or even the wrong type.

The truth of the matter is that medication errors aren’t always the fault of the patient, and these errors don’t always occur in adults. Children are victims of medication errors more frequently than people would like to believe. That, however, is something that can be avoided according to some medical professionals.

According to a clinic in Wisconsin, more than 60,000 children were the victims of medication error in a ten-year period. There were an estimated 25 deaths that were linked to these errors. Many of the errors occurred in the home, and almost all could have been avoided. If you have children in the home, pay close attention to these tips.

The family of a former Wellington, Florida woman filed a lawsuit against a hospital in West Palm Beach alleging that the woman was sent into a vegetative state four years ago following treatment. A mistrial was recently granted after the jury was unable to come to an agreement about what would have been a multi-million dollar verdict.

According to the original filing, a woman suffered a brain hemorrhage. Medical professionals at Jupiter Medical Center determined it was in the woman’s best interest to have her transferred to St. Mary’s, a hospital better equipped to handle the woman’s emergency.

The family argued that the blood loss would not have occurred if the original hospital had the right equipment. The woman lost a liter of blood during her surgery leading to what the family called cascading events that ultimately led to the woman being left in a permanent vegetative state.

Lyme disease is one of the most widely misdiagnosed illnesses in the country, and people are being warned that cases of the disease may reach record numbers this year. Here’s why, according to reports.

Two years ago, there were more acorns than usual in the northeast portion of the United States. This led to an increase in the population of white-footed mice. That, in turn, led to an increase in the population of ticks who feed on the mice, picking up the bacteria that cause Lyme disease as they fed.

Scientists say that Lyme disease season has begun, and the risk is high. What is important to understand is that a tick must first attach itself to a human and then remain attached for a minimum of 36 hours before the disease can be transmitted. Lyme disease is not transmitted as soon as a tick bites.

A jury in Pennsylvania recently ordered that a hospital and their gynecologist pay $14.5 in damages to an Ohio family. Clearfield Hospital, along with one of its doctors, were accused of errors that led to a child being diagnosed with cerebral palsy.

In the lawsuit, the plaintiffs accused the defendant of properly managing the delivery of their child in 2012. They say that the mother was given Pitocin in amounts that were excessive, despite the fact that the child’s heart rate dropped. The drug is known to stimulate contractions in women, but it can also cause complications.

Rather than cease use of the drug, the plaintiffs alleged that the doctor continued administering the medication during the delivery process. The doctor also failed to perform an assisted delivery, allowing the baby to remain in the crowning position for ten minutes before finally performing an episiotomy and delivering the child.

In the United States, medication errors can be blamed for the death of one person each day. More than one million people are injured by medication errors annually in the country. Unfortunately, the problem isn’t unique to America. Medication errors result in death and injury around the globe according to the World Health Organization (WHO).

The organization has a mission to reduce those injuries and deaths caused by medication errors which are avoidable by half by the year 2022. It is not only injuries and death that are caused by medication errors. The errors also have great financial impact at more than $42 billion around the world.

In an effort to reduce these errors, WHO will work to address any weaknesses it finds in health systems, come up with ways to better the way that medications are prescribed and filled, and increase patient awareness. WHO says that medication errors can be attributed to overcrowding, worker fatigue, poor training and improper information.

An individual was awarded over a million dollars by a court in Texas. On March 16, that $1,875,887.62 award was thrown out by the 1st District Court of Appeals.

The original case came about when the widow of a man filed a lawsuit in court claiming a series of medical incidents resulted in the man’s death. According to reports, the man experienced tremors in his left leg and hand, was confused and disoriented, and had slurred speech. A scan of the man’s brain revealed symptoms that indicated hydrocephalus. The man was referred to a neurosurgeon.

After the man underwent a surgical procedure to relieve the pressure in his brain, he quickly began to experience a higher-than-normal intracranial pressure. It was three months later that the man died of his symptoms. His death occurred in May 2010. The man’s widow filed suit against the surgeon, claiming a breach of the accepted standard of care. The surgeon was originally found guilty of negligence.

We recently provided information about medical students in residency being permitted to work several hours in a row. That day is coming nearer as residents prepare to begin 24-hour shifts starting July 1.

Prior to the revisions that took place, residents were not permitted to work longer than 16 hours in one shift. Beginning in just a few months, residents in certain specialties may find that they are on shift for 24 hours and expected to stay even longer to type up and file reports.

First-year residents will work schedules that are closely aligned with other residents and mentors. Not only are first-years being asked to work for 24 hours, they may be asked to work 80 hours in a single week – or more. The 80 hours per week rule is averaged over four weeks. This means that, realistically, a first-year resident could work more than 80 hours one week and fewer the next.

The number of medical malpractice cases filed across the country between 1992 and 2014 dropped by close to 56 percent. While the number of cases are down, researchers say that the average payout per case is up. The average payout was over $353,000 between 2009 and 2014, up from $287,000 years before.

It is thought that both the lower number of cases being filed and the higher payouts are the result of tort reform. Laws have been enacted throughout the country that place a cap on the amount of damages a patient can recover. This may make an attorney think twice before taking on a case they aren’t certain they can win.

Most attorneys in medical malpractice cases are paid on a contingency basis. That means that they are not paid unless their client is successful in being awarded compensation. Some laws have also been put in place that require potential cases be reviewed by panels before they are permitted in court. This may be reducing the number of cases that are being heard.

Spyros Panos was sentenced to prison just under three years ago. Originally sentenced to four-and-a-half years, the ex-surgeon spent just over two years of that behind bars in a federal cell. He may be out and enjoying freedom, but he is now facing over 200 civil lawsuits.

The surgeon was originally charged with conducting surgeries that were unnecessary and making errors in the surgeries he performed. He pled guilty to healthcare fraud and began serving his time in April 2014. He was also sentenced to two years supervised release and ordered to pay restitution to his victims and the government.

Some of the patients Panos victimized aren’t able to get on with their lives like Panos can. In fact, some 240 to 260 patients have filed suit against the ex-surgeon in civil court. Because of the large number of cases and the broad scope of the complaints, a committee has been formed and is working on reaching a mass settlement.