Archive for the ‘Healthcare’ Category

Mammogram Study: How does it relate to Medical Malpractice?

Monday, November 23rd, 2009

        Last week a study commission appointed by the Bush administration, consisting primarily of medical doctors, recommended that women under 50 years of age didn’t need to get mammogram screening.  This was a major change in the existing recommendation which called for women 40 and over to get regular screening.  Many women came forward in response to this new recommendation and gave examples of how they were diagnosed with breast cancer because of receiving a mammogram at an age less than 50.  They proclaimed that the mammogram saved their life.

 

        How does all this relate to medical malpractice?  It is an example of the attitude that pervades the medical profession today that measures the possibility of saving a life by statistical probability and cost.  The medical profession refers to it as “defensive medicine”.  I see it over and over in cases where a physician has elected to not perform a test or procedure on a patient which could have revealed valuable information about a patient’s condition and which would have led to intervention saving the patient’s life.  The physician, and his or her lawyer, defends the failure to do the test or procedure by claiming that performing such test or procedure was not justified because statistically, it would not have been positive, and because it would cost too much. 

        We are the most advanced nation in the world in medical technology and knowledge.  If you or a loved one has a potential life threatening condition about which a test or procedure might reveal important information for life saving treatment, would you want that test performed even if the physician felt that “probably” the test would be negative but could be helpful?  Would you be satisfied with an explanation that, even though it might reveal important information, in the doctor’s opinion, the cost didn’t justify the possibility it would be helpful?  I know I would!  Isn’t every patient in our country entitled to the same consideration? 

        Rather than rationing medical treatment based upon statistics and blaming the cost of medical care on “defensive medicine” to avoid a medical malpractice lawsuit, shouldn’t the benefit of the doubt go toward the possibility of obtaining information to save the patient’s life?  What about reducing healthcare costs by eliminating every hospital in a community having duplicate expensive diagnostic machines?  What about eliminating hospitals paying for television commercials to get patients to come to their hospital when they get sick?  What about analyzing how to reduce the cost of healthcare without basing such analysis on how we keep health insurance companies making huge amounts of money?

        Many, perhaps most, women are outraged by the rationale behind this recent commission recommendation, i.e. that the potential benefit of revealing breast cancer at an early stage is outweighed by the “anxiety” of a false positive from a mammogram and the possibility of needing to have a needle biopsy.  I know my wife is.  She has been through a false positive experience and had the biopsy.  Asked if she would do the mammogram again having gone through this experience, her response was “Are you kidding, yes!”

- Neil Hillyard

Exempla St. Joseph Hospital: Depriving Patients of Medical Records

Monday, November 16th, 2009

       For those individuals who have been a patient at Exempla St. Joseph Hospital in Denver — Be Aware.  This hospital has the capability of providing you an electronic copy of your record but will not do so!  Instead, the executives of this hospital will require that you pay the cost of a paper chart which, usually, will cost you hundreds of dollars.  This is true even though Exempla St. Joseph Hospital has the ability to provide you a copy of your chart on a disk or drive at little or no cost to the hospital and to you.  This is in violation of federal law, specifically HIPAA, which requires that the hospital charge no more than the actual cost of copying the record.  Why would Exempla St. Joseph take financial advantage of its patients like this? 

            Recently a former patient of Exempla St. Joseph requested that I review the care provided to her and her infant son.  Initially the hospital representative indicated that the hospital now had its records in electronic form rather than paper.  She advised I could come and look at the computer screen but had to have a hospital representative looking over my shoulder and my client had to pay for that person’s time!  We then indicated we wanted to bring a disk to the hospital and have the record downloaded from the computer which would not cost the hospital anything.  The hospital refused to provide an electronic copy and insisted that a paper copy be provided at a cost of over $400.  The hospital attorney indicated, when asked, that this was not because an attorney was involved but that the same policy would apply if a patient was directly requesting his or her medical record, such as if moving to another area of the country and wanting to take the medical record with them.  The hospital attorney also made it clear that the hospital had the technical ability to download the record but simply refused to do so.

            This is another example of corporate greed and total disregard for the rights of patients.  As noted above, federal law requires that Exempla St. Joseph Hospital charge no more than the actual cost of copying the medical record for a patient.  It does not cost the $400 plus to press a button on a computer to download a medical record onto a disk or drive.  If you seek an electronic copy of your medical record from this hospital, or any hospital which attempts to deprive you of an electronic record and overcharge you in this manner, file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services.                                                                                     

            - Neil Hillyard

American Association of Justice

Monday, September 28th, 2009

The American Association for Justice (“AAJ”) is an organization of trial lawyers whose stated Mission is “to promote a fair and effective justice system-and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.” The AAJ is continuing to monitor the efforts of the Obama administration to achieve healthcare reform and to work with the administration and Congress to assure that the rights of those persons whose mission it is to protect will not be sacrificed. 

 

The attorneys of Hillyard, Wahlberg, Kudla & SLoane, LLP, all members of AAJ, and the state associated organization, the Colorado Trial Lawyers Association (“CTLA”) strongly support AAJ’s efforts to protect the rights of those injured by the negligence of others.

 

- Daniel A. Sloane

So You Think Its Hard to Get Your Kids to Wash Their Hands

Thursday, September 24th, 2009

Hospital acquired infections and specifically Methicillian-resistant Staphylococcus aureus (MRSA) infections pose huge health risks for patients.  Imagine going into the hospital for a procedure only to get a life treating infection because the hospital staff or your doctor did not wash their hands or equipment.  The CDC (Center for Disease Control) estimates that hospital-acquired infections of all kinds, not just those caused by MRSA, are killing almost 100,000 Americans a year. 

Colorado does require hospitals, ambulatory surgical centers, and dialysis centers to report cases of hospital-acquired infections to the CDC to be analyzed.  Currently The Colorado Department of Health is publishing reports that include infection rates for certain cardiac and orthopedic surgical site infections and central line related infections.  These reports are available for public viewing at http://www.cdphe.state.co.us/hf/PatientSafety/HFAI/reports.html and compare infection rates as better than nation wide, same as nation wide or worse than nation wide.

The Washington Post recently published an article that discusses a survey of 731 nurses who care for patients in the emergency rooms, critical-care units, operating rooms and other areas of the hospital.  28 % of the nurses said there were problems with cleanliness at their hospital and 26 % of the nurses surveyed said hospital staff members sometimes did not wash their hands before approaching a patient.  www.washingtonpost.com/wp-dyn/content/article/2009/08/24/AR2009082402332.html   

Good hand washing is the single most important element of preventing hospital-acquired infections yet it is often over looked or totally neglected during patient care – such that a single medical provider can carry infection around an entire unit, this person could be a doctor, nurse, nurse assistant, a lab or x-ray tech.  -  Medical Providers should always wash their hands prior to any contact with a patient or a patient’s belongings and again after that contact is complete. If you are a patient tell your health care provider to wash their hands before touching you or your belongings.

- Pennie Clor

Drug Litigation

Wednesday, September 16th, 2009

If you have been injured as a result of taking prescription drugs, collecting damages for those injuries is difficult.  The law requires that you prove the drug was inherently dangerous or that the manufacturer failed to provide adequate warnings on their labels.  The lawyers at Hillyard, Wahlberg, Kudla, & Sloane are experienced attorneys who will fight to take on the billion dollar drug companies and make them pay for their mistakes.

- Michael Nimmo

Theft of Narcotics in Hospitals

Thursday, August 27th, 2009

The theft of narcotics from hospitals is a problem that continues to plague hospitals.  Although most hospitals have policies and procedures in place to secure narcotics until the time they are actually used, theft by the healthcare providers authorized to use the narcotics, or lapses in procedure to secure the narcotics account for most of these thefts.  Risk to patients caused by the theft of narcotics include receiving a placebo of saline rather than their prescribed narcotic for pain, thus enduring continued pain, or much more serious, receiving the substituted substance from a syringe used to steal the narcotic by a potentially infected healthcare provider thereby exposing the patient to any disease the healthcare provider has, such as Hepatitis C.  Such a situation occurred in Denver where a large number of patients were exposed to Hepatitis C, and unfortunately a number of these patients contracted Hepatitis C from the infected healthcare worker.

- Susan Kudla

Birth Injuries

Tuesday, June 30th, 2009
The birth of a child is one of the happiest moments any of us will experience in our lifetimes.  There are times, however, when babies are injured during birth because of the carelessness of a doctor, nurse, or midwife.  Shoulder dystocia, a condition where the fetus’ shoulder becomes hung up on the mother’s pubic bone during birth, sometimes results in nerve injuries and partial paralysis.  One of the most severe injuries a baby can suffer is cerebral palsy, an umbrella term encompassing a group of non-progressive conditions that cause physical disability in human development.  Some causes of CP are asphyxia, hypoxia of the brain, birth trauma, central nervous system infections, and certain infections in the mother during and before birth.  The attorneys at Hillyard, Wahlberg Kudla & Sloane, LLP have over 100 years of cumulative experience in cases involving birth injuries.  Our law firm has successfully recovered millions of dollars for our clients from hospitals and physicians who have caused birth injuries as a result of carelessness.
- David Woodruff
 
 

 

Medical Records Kept Private By Court Order

Wednesday, June 3rd, 2009

The lawyers at Hillyard, Wahlberg, Kudla & Sloane, LLP are sensitive to an injured party’s medical history and right to privacy.  Just because someone is in an accident, does not mean that the defendant/insurance company can obtain all of their medical records, psychological records, gynecological records, etc.  The lawyers at Hillyard, Wahlberg, Kudla & Sloane, LLP have presented insurance companies from obtaining broad releases for medical records and protect our clients right to privacy.  The only relevant records regarding a back injury – are preexisting records related to complaints of back pain.  Our clients are entitled to be treated with respect and complete confidentiality.

Make the Most of Your Healthcare Encounters

Wednesday, May 20th, 2009

  Doctors’ appointments in general can be overwhelming and intimidating.  Good communication establishes an effective patient-physician relationship and is key to receiving good healthcare.  This is especially true in today’s healthcare setting where the amount of time the doctor can spend with his or her patient is limited and most patients see a variety of providers other than their primary doctor.  As a patient the best thing that you can do is be a good communicator and require good communication from your healthcare provider.  The following are a few tips to help you get the most from your doctors appointments:

 

Prepare for your appointment.  Understand that your doctor has limited time to listen and make the most of your time by being ready for your appointment.  Take time to think about what you want to discuss with your doctor and make a list of topics that you want to go over with him or her and take the list with your to your appointment.  Be concise and stick to the facts, give specific examples of your complaints or problems rather than vague or general complaints.  If your doctor interrupts you, nicely ask your doctor to stop and listen, let your doctor know that you have concerns that need to be addressed. 

 

If you have questions write them down and take them with you to your appointment.  Let your doctor know at the beginning of the appointment that you have specific topics you want to discuss and questions that you want to review with them.  If you don’t understand a word or concept tell your doctor you don’t understand and ask for clarification.  It is not only important to you that you understand the information that your doctor is giving you – your doctor should want you to understand what they are telling you and will not mind providing clarification. Take notes during your appointment, this will help you keep track of the information you receive.  Make certain that you understand what the plan is for your care before the appointment ends.  Do you need a follow-up visit?  What is the next step in your care?  What do you do if you don’t get better?  Review your notes with your doctor to ensure that you leave with the correct information.

 

If you or a loved one are in the hospital it is important to keep a note pad and pen near by – that way if you or your family members have questions you can write them down and address them with your doctors when they make rounds in the hospital.

 

If you take medications either prescribed or over-the-counter, prepare a list of the medications that you are taking.  It is important for your doctor to know about each and every medication you take.  Including the dose, length of time that you have been taking the medication, for what condition you take the medication and who prescribed the medication.  Be sure to include all prescribed medications, over-the-counter medications, herbal or dietary supplements and vitamins.

 

If your doctor prescribes a new medication for you, make sure you get all of the information you need.  Find out how the medication will help you, any side effects to be aware of, and how you should take the medication.  Find out how long it should take for the medication to start working and what you should expect when this happens. 

 

Let your doctor know how you feel.  If you feel like you and your doctor are not communicating well, tell your doctor.  He or she may be unaware of your concerns.  Once you explain your concerns, you and your doctor should come up with a plan on how to increase communication so that both of you get the most out of the appointment.  

- Susan Kudla