Posts Tagged ‘Medical Malpractice’

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

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

Why are people defensive about filing a lawsuit?

Monday, August 24th, 2009

          My practice is representing people who have been injured by another person’s negligence.  Sometimes this involves a car accident.  Sometimes it involves medical malpractice.  My clients didn’t cause their injury.  My clients were not at fault.  Yet I repeatedly hear expressions such as “I’m not a litigious person”, “I never thought I would do anything like this”, or some other expression bordering on guilt that they are even considering retaining a lawyer to assert a claim.  I always ask them why they feel that way.  I ask them who is going to stand up for them if they do not stand up for themselves.  They always agree with me but usually can’t shake a feeling about how others are going to perceive them because they are, in fact, standing up to an insurance company.

          Why do people feel this way?  The insurance industry and the business community, with a great deal of money and propaganda, have created a picture in the media, in advertisements, and in other ways that we are a “sue happy” society.  They have been very effective in doing this.  They have distorted the truth about our judicial system and how it works.  They have successfully portrayed insurance companies and big business as the victims rather than the real victims of other’s negligence.  They have successfully portrayed anyone who stands up to them as greedy people who are looking for an easy buck.  They have successfully portrayed legitimate claims as “frivolous”.  My own profession has contributed to this by conduct by some which appears to be just what the insurance companies want the public to believe about lawyers.  The media reports on cases that involve days and weeks of testimony and evidence and summarize the entire case in 2 paragraphs that can’t begin to tell the true whole story.

          As a consequence of all this the general public looks with some disdain on lawsuits.  In my experience this is true until it happens to them or a family member.  Then the terrible consequences of being seriously injured or a loved one killed comes home.  The cold indifference of an insurance company becomes apparent.  The assumption that they will be treated fairly disappears.  Reality sets in.  They realize, if they don’t stand up for themselves or their family, nobody else is!

 

- Neil Hillyard