March 7th, 2007

Children Are Most Likely Victims of Surgical Medication Errors

Surgery related medication errors are most likely to affect children, according to a new study.

From today’s New York Times (sub. req.):

The current study did not try to estimate total error rates. Instead, it analyzed 11,000 mistakes that had been voluntarily and anonymously reported to the pharmacopeia by hundreds of hospitals since 1998.

The study was confined to errors made on patients undergoing surgery, and the rate of harm, 5 percent, was much higher than is typical for medication errors. Among children it was 12 percent.

Problems were found with a lack of communication as patients moved from pre-op, to surgery to post-op and back to their rooms.

A study back in 1999 found that as many as 98,000 people die each year as a result of medical errors. (Institute of Medicine, National Academy of Science To Error is Human: Building a Safer Health System (National Academy Press, 1999).

Causes of the problem come as no surprise to those who litigate medical malpractice cases. From the NYT story:

Typical dangerous mistakes were failures to administer antibiotics before surgery, failures to note allergies, errors in setting pumps that dispense blood thinners or painkillers, and giving overdoses to infants.

In several cases described in the report, poor penmanship, careless listening or bad arithmetic caused patients to get doses 10 or even 50 times as high as they should.

These are the types of institutional problems that can be fixed and should not exist in a modern hospital.

The study was done was done by the United States Pharmacopeia, which sets standards for the pharmaceutical industry, and by the Uniformed Services University of the Health Sciences in Bethesda, Md., and two nurses’ associations.

Medical Malpractice Politics In The Doctor’s Waiting Room Is A Bad Idea

An article appeared last week in the Kingston Daily Freeman (Doctors put lawyers on defensive) about a postcard/poster campaign by the Medical Society of New York State, accusing trial lawyers of causing excessive malpractice insurance rates and driving doctors out of practice.

About those posters and fliers? It’s a bad idea for doctors for three reasons:

First, the single biggest reason that unhappy patients call lawyers, based on my 20 years experience representing patients, is bad bedside manner. A complication or bad result of some type occurred, and the patient didn’t get answers they deemed satisfactory. They are angry. (The subject of doctor apologies cutting down on such legal inquiries was posted last night by Paul Levy at Running a Hospital) Brochures complaining about lawyers is not what unhappy patients want — they want answers.

Second, a lawsuit is not the first thing on many patients minds when something goes awry. There is no shortage of people who contact lawyers years after the acts they complain of, often after the statute of limitations has passed, and only after a discussion with a friend or neighbor put the idea in their head. Placing the idea of malpractice front and foremost while they wait to see a doctor may be very counterproductive for these patients.

Third, complaining about an expense of the medical practice (insurance, which is the subject of the political campaign) simply invites a discussion of revenues. An expense that is 3% of revenues, for example, is different than one that is 30% of revenues. Do doctors want to answer questions about their revenues?

Just a few things to think about, all of which become ever more important depending on the amount of time spent in the waiting room, and the amount of face time spent with the physician. If waits are long and face time is short, the physicians may be doing themselves a disservice with this type of politicking. Their next stop might be my office.

(article tip via Overlaywered)

(Eric Turkewitz is a personal injury attorney in New York)

March 1st, 2007

Woman Survives 23 Years Despite Scalpel Forgotten At Surgery

Out of Rio de Janeiro comes this story about a 23 year belly ache, and the forgotten 2″ long scalpel that was found on x-ray that was causing the problem.

I’ve seen cases with retained sponges, clamps and a broken surgical scissor blade, but never a scalpel.

She’s lucky to be alive.

(hat tip to Kevin, M.D.)

February 21st, 2007

Doctor with 110 Medical Malpractice Suits Against Him

I’m not sure if this is a record, but if not it would seem to be awfully close. As per this article in the Charleston Gazette, the surgeon not only has 110 pending suits against him, but just lost his 3rd legal malpractice case against his lawyers.

It reminds me that in a recent study, 5.9 percent of U.S. doctors were found responsible for 57.8 percent of the number of medical malpractice payments.

(Thanks to Andrew Bluestone at the New York Attorney Malpractice Blog for the story. )

February 20th, 2007

Mistrial in Charlie Weis Medical Malpractice Trial

Notre Dame football coach Charlie Weis was mid-trial for his medical malpractice action when a juror collapsed, and the two defendant doctors rushed in to assist. I posted about the trial the other day.

The story is here. Not surprisingly, defense counsel attempted to argue the case should go on despite several jurors having seen the doctors minister to the fallen juror.

But in the eyes of the judiciary, I would have say that a mistrial is a no-brainer.