We often hear doctors say that a piece of paper called "informed consent" was signed, therefore the patient assumed the risk of a complication occurring and the doctor can't be held responsible when things go wrong. In Ohio and elsewhere, the reference to "known and accepted complications" is a hotly debated topic in the law. [...]
The risk of surgical errors is no greater at outpatient surgery centers than full-service hospitals for most patients. However, certain patients may face increased risk when undergoing surgery at one of these facilities, as the case of Joan Rivers illustrates. Yesterday, I wrote about news accounts relating the cause of Joan Rivers' death. I suspect we will be [...]
Insurance companies defend their insured doctors from medical negligence claims by trotting out every conceivable argument, hoping that one sticks. So, in medical malpractice cases resulting in wrongful death, the insurance lawyers often question the cause of death. They even rely on ambiguity created by the defendant physician who failed to obtain appropriate tests needed to make the correct diagnosis. In [...]
Birth injuries occur around the time of delivery, resulting in cerebral palsy, Erb's palsy and other permanent neurological injuries. The risk of injury increases with multiple gestation births, such as twins and triplets. The American College of Obstetrics and Gynecology (ACOG) has issued recommendations to minimize the risk of injury during management of a twin or [...]
Dangerous drugs are often overprescribed due to conflicts of interest inherent in the medical industry. The case of Farid Fata, M.D. is a case in point. This oncologist recently pleaded guilty to criminal charges arising out of chemotherapy medications that he prescribed to patients who either didn't need the drugs or would not benefit from them. [...]
Medical errors related to "drive by medicine" appear to be on the rise. As an Ohio medical malpractice attorney, I see bad trends in medicine before they are reported. I am speaking with more patients who have had serious medical issues that were passed over by a consulting specialist who was too focused on a single issue to see the [...]
Surgical errors are a frequent source of medical malpractice claims in Ohio. Urologic Care reports this month that the incidence of wrongful death associated with common urologic procedures increased significantly over a 12-year study period. The increase in preventable deaths coincided with a shift of more procedures to outpatient surgery centers. It appears that, once again, profits are getting [...]
Birth injuries and fetal demise are increased with breech deliveries, according to a new study published in the New England Journal of Medicine (NEJM). A "breech delivery" is one where the baby is delivered vaginally while in the breech, or feet first, position. The solution to risks associated with breech presentation is to deliver the [...]
Dangerous drugs come with a package insert that sets forth the indications, contraindications, drug interactions and side effects. When the medication poses an imminent risk of harm, drug manufacturers are required to prominently display a boxed warning, sometimes called a black box warning, on the package insert to alert physicians and pharmacists about the risk. When a healthcare [...]
Making healthcare safe sounds like a reasonable idea, doesn't it? Of course it does! Why in the world is it so hard to make healthcare safe to begin with? We have all heard about the Institute of Medicine report that says that medical mistakes are a serious problem in our healthcare system. The real question [...]