Medical Malpractice Archives | Scottsdale Personal Injury Blog

Did Your Doctor Diagnose Cancer With A Pregnancy Test?

2017-12-03T14:02:00Z

When physicians diagnose cancer, they should be sure that they are using the correct test to verify the illness before going forward with treatment. Otherwise, a person could be harmed by unnecessary medical intervention.

Every test comes with a unique set of rules and instructions. A physician should be familiar with the individual tests that they employ for diagnosis of illness, especially terminal diseases. Unfortunately, some women found out too late that their doctors diagnosed them with cancer from pregnancy test results.

]]> Cancer misdiagnosis

Certain blood levels are indicators of cancer. For example, a person who has a high level of the hormone HCG may have a rare cancerous tumor. The tumor associated with HCG is a gestational trophoblastic tumor. This type of cancer can be deadly if left untreated, but it shows a positive response to chemotherapy when caught and treated early.

False positives with pregnancy tests

When a woman goes to a physician for a pregnancy test, the test measures for the HCG hormone. If the test shows high HCG, a physician will then order an ultrasound to confirm the pregnancy. If the ultrasound does not locate a fetus, then the physician should investigate the cause of the elevated hormone levels in the body.

A cancer diagnosis is one reason for the elevation, but not the only one. Certain individuals have natural substances in their blood that will give a false positive to this test. This irregularity can occur in up to 10 percent of the population.

Physicians fail to test properly

A pregnancy test is not a cancer test. If a physician suspects cancer, he or she should confirm the diagnosis with a cancer screening test. If you were harmed because a doctor jumped from a pregnancy test reading to surgery and chemotherapy without exhausting other means of analysis for the presence of cancer, you may have been treated unnecessarily.

Denied claim?

To add insult to injury, some patients are denied reimbursement for medical treatment received even when the insurance company knows mistakes were made. Too often insurance carriers wrongfully deny claims. A bad faith claim may also be necessary to recover your losses and receive compensation you are rightly owed for medical malpractice.

Report reveals secret practice of concealing VA workers' mistakes

2017-10-23T19:00:00Z

Doctors, nurses and healthcare workers who have been kicked out of the Veterans Administration may still be working. One may be practicing near you.

A new investigative report by USA TODAY found evidence of a longstanding, secret policy at VA hospitals and clinics that churn bad practitioners out the door without discipline or even required reporting. The purpose of doing so was apparently to keep accused practitioners from challenging the discipline they deserved.

]]> According to USA TODAY, some agency managers didn't report problems to the National Practitioner Data, which made it easier for doctors and healthcare practitioners to continue practicing. The agency also didn't make certain that VA hospitals were reporting discipline to state licensing boards.

In other cases, the report reveals, VA hospitals secretly settled with dozens of physicians, nurses and other healthcare workers who were accused of serious misconduct such as making dangerous medical errors or having inappropriate relationships. The hospitals did force these practitioners out of the VA but the secret settlements allowed them to keep practicing.

USA TODAY says its reporters reviewed around 230 secret settlements and hundreds of confidential records from the VA. Around 70 settlements reporters reviewed involved practitioners being banned for life from working with the VA, even as the agency generally worked to conceal the reasons why. In at least 126 cases, reporters claim, the workers had committed errors or misdeeds so serious that they should have been fired -- and the VA purged their records and gave neutral or positive references when those practitioners applied for outside jobs.

The report concludes that these decisions are not the result of individual "bad apples" but rather a longstanding, secret policy.

As you're probably aware, the VA has been highly criticized in recent years for failures in patient care and attempts at cover-ups. Hundreds of employees have been fired, but the specific reasons are being held secret, just as in the other cases.

The USA TODAY piece is quite long and detailed, and we recommend you read all of it. There are specific examples of failed practitioners who have apparently been shuttled along into private practice with no report to licensing boards and little regard for future patients' safety and wellbeing.

If these allegations are true, then VA supervisors have aided and abetted malpractice and serious misconduct. They appear to have knowingly allowed poor and even dangerous practitioners to move along to non-VA patients simply to avoid the hassle of defending their disciplinary decisions.

Study: Many nurses lack crucial information about postpartum care

2017-08-26T19:30:00Z

A recent study published in MCN: The American Journal of Maternal/Child Nursing found that many American nurses -- even those with advanced degrees who specialize in maternal and infant care -- lack critical knowledge about postpartum complications. For example, nearly half were unaware that the maternal mortality rate in the U.S. has risen in recent years.

Over the past few months, ProPublica and NPR have been reporting on maternal and infant health. A number of mothers who nearly died reported that their doctors and nurses seemed slow to recognize potentially complications from childbirth. This study substantiated their reports.

]]> The U.S. maternal death rate is the highest among affluent nations. Some 700 to 900 mothers die each year from causes related to pregnancy and childbirth. Another 65,000 come close to dying, according to the Centers for Disease Control and Prevention. The problem is most common among African-Americans and women who live in rural areas, and nearly 60 percent of maternal deaths are preventable.

For the study, researchers surveyed 372 U.S. nurses who specialize in obstetrics and neonatal care. Nearly a third had master's degrees or doctorates. All were members of the leading professional organization of its type, the Association of Women's Health, Obstetric and Neonatal Nurses.

Beyond failing to recognize that maternal mortality is on the rise in the U.S., the nurses had significant gaps in their knowledge. Only 12 percent knew when most maternal deaths occur, which is in the days and weeks after the delivery. Only 24 percent knew that heart-related problems are the leading cause of maternal mortality in the United States.

Without knowledge of common complications and the symptoms to watch out for, these nurses are unable to educate new mothers on the risks they may face. Failure to inform mothers of common risks and their symptoms could be nursing malpractice.

Some symptoms mothers should watch out for because they may indicate serious or even life-threatening complications:

Profuse or uncontrolled bleeding
Shortness of breath or chest pain
Coughing up blood
Signs of shock
Fever
Severe, persistent or increasing pain in the abdomen, pelvis, vagina or perineum
Any worsening pain or soreness
Pain or burning while urinating, dark, bloody or scanty urine
Pain or tenderness in one area of the breast
Severe or persistent pain, tenderness and warmth in one area in the leg
One leg more swollen than the other
Severe of persistent headaches
Double vision, blurring, dimming vision or flashing spots
Severe or persistent vomiting
Inflammation at the IV insertion site
Extreme sadness or despair, or delusions about harming yourself or the baby

If you experience any of these symptoms or feel that you're getting worse instead of better, contact your doctor or call 911.

Do you take Prilosec or Nexium? Know the dangers they hold.

2017-07-12T22:19:00Z

Popular stomach acid reducers such as Prilosec and Nexium have brought relief to millions suffering from gastroesophageal reflux, heartburn and peptic ulcers. But a new study suggests that these medicines may be shortening lives.

About 15 million Americans are prescribed these popular proton pump inhibitors, or PPIs, by their doctors. This number does not include retail sales for over the counter medications. As these drugs become more popular, it is important to know the dangers they present.

]]> PPIs were already suspected of increasing the risk of heart disease, bone fractures and other serious health problems. This latest study, which studied military vets, went further and revealed an increased likelihood of death for long-time users of stomach acid reducing pills.

Study of acid reducing drugs reveals dangers

Veterans Administration records of 349,312 patients were studied: 275,977 of whom were prescribed PPIs and 73,335 who were prescribed H2 blockers, which includes Pepcid, Tagamet and Zantac. PPI patients showed a 25 percent higher death rate than the H2 patients - a significant difference.

Predictably, PPI manufacturers responded that their products are safe when used as directed - usually for no more than two weeks. But many people use these drugs year round to deal with stomach distress, and they are not properly warned of the long term effects.

The dangers and the inadequate warnings about those dangers lead to serious personal injuries for those who use proton pump inhibitors.

Do you have a medical malpractice claim?

It is anticipated that links between health issues from the use of proton pump inhibitors will increase in the near future. If you have encountered serious problems from using Prilosec or another PPIs, you may be entitled to financial compensation. This money can help you get the medical treatment you need, reimburse you for lost income while ill and may help to force manufacturers into making safer drugs or providing better warnings.

Medical thinking on prostate cancer screenings is about to change

2017-04-17T20:46:26Z

The U.S. Preventive Services Task Force made news on April 1, with recommended changes to diagnosis of prostate cancer. For the past five years, doctors have been encouraged to abandon PSA (prostate specific antigen) screening for signs of prostate cancer in men ages 55 to 69.

This recommendation reflects discouragement with the standard PSA test because it returned a very large number of false positives. These false positives meant that tens of thousands of men were treated aggressively for a condition that was not life-threatening.

]]> The new recommendation is that patients under 70 should be informed of the ambiguities involved in PSA screening, and be invited to weigh the pluses and minuses of knowing their PSA score.

After skin cancer, prostate cancer is the most common cancer affecting American men. This year, about 160,000 cases of prostate cancer will be diagnosed. It will cause the death of 26,730 men.

This is the dilemma physicians have had to deal with:

The PSA test is not 100 percent reliable, yielding more false positives than true positives. It also yields many false negatives, missing the cancer altogether.
False positives caused many thousands of men with high PSA scores to be subjected to treatment that proved unnecessary.
These surgeries caused incontinence, bowel injury and impotence.
Going back five years, the risk/benefit ratio was not considered strong enough to justify subjecting men to destructive biopsy, radiation and surgery.

The new recommendation of the U.S. Preventive Services Task is that the benefits of PSA testing outweigh the risks of inaction. But the recommendation is still ambiguous, leaving the decision to be tested for PSA up to "a man's values and preferences,"

Men who are very concerned about prostate cancer can elect to be screened. Men who are less concerned may elect to skip screening. Neither decision is right or wrong - but a great deal hangs in the balance.

The new recommendations are not final yet. Because of the controversies involved, they are open to public comment through May 8.

Medication mistakes occur more often than you'd think

2017-03-27T12:14:25Z

Last year, researchers at Johns Hopkins Medicine determined that medical mistakes were the third most common cause of death in the U.S. Their study also indicated that at least 250,000 people die each year from these mostly preventable errors. Medication mistakes are at the top of the list.

How common are medication errors?

]]> The Unites States Food and Drug Administration (FDA) estimates that at least one person dies each day due to a medication mistake. An estimated 1.3 million people suffer harm from medication errors each year. The number of annual deaths has grown to more than 250,000 Americans.

The reason for the astonishingly high number of prescription and medication errors is that the drug distribution system has so many steps, from prescribing, packaging, and administering, to monitoring reactions. All of these steps leave a lot of room for mistakes, such as the following:

Confusing product names, incorrect directions, and medical abbreviations compounded by poor handwriting
Poor dispensing techniques, procedures, and training
Inadequate communication between patients, prescribing doctors, nurses, and pharmacists
Patient mistakes due to confusing instructions for use

How can I help avoid medical mistakes?

As a patient, you can help avoid medication error injury or death.

If you are in the hospital:

Make sure all those involved in your care have seen your medication list
Ask your doctor for the names, dosages, and reasons for any new prescriptions or over-the-counter (OTC) medications
When a nurse or other medical provider gives you a medication, ask for the name and dose of the medication and compare that with what your doctor ordered
Do not take a medication unless you understand what it is and what it is for

At home:

Confirm the name and dose of your medication when you pick it up
Talk to your doctor before taking OTC supplements, vitamins, or minerals
If you have a bad reaction to a medication, contact your doctor immediately

Helping to make things better

Electronic prescription protocols are helping to avoid errors. Your doctor can prescribe your medication electronically, directly contacting your pharmacy. This helps limit human error due to poor handwriting, hearing orders incorrectly, and poor documentation. E-prescribing systems usually check new prescriptions against your personal medications and signal your provider if the new prescription conflicts with other medications you take.

If you have suffered harm or loss from a medical error, you may be entitled to compensation for your medical expenses, lost income due to illness, and pain and suffering. Contact an experienced medical malpractice attorney to learn about your options and preserve your rights.

Were you injured because of a surgical mesh procedure?

2017-03-21T20:23:15Z

If you are a female over the age of 50, the odds are you know someone who has experienced pelvic organ prolapse (POP) or have suffered from it yourself. Two of the most common causes of POP are childbirth and menopause, meaning that most women over 50 have at least one risk factor for the condition. Other causes include:

Chronic constipation
Chronic coughing from smoking, allergies, or other causes
Strenuous exercise and heavy lifting
Genetics and neuromuscular diseases

]]> Studies indicate that more than half of the female population in the U.S. will experience POP in one form or another. So if you are suffering from this issue, you are not alone. Of the millions of women who have experienced POP, many have sought medical treatment involving surgical insertion of mesh.

Vaginal mesh implants - also called transvaginal mesh devices - are used to treat both POP and stress urinary incontinence (SUI). The mesh is a medical device that provides extra internal support for a woman's organs.

Surgical mesh devices can lead to serious complications and injuries

Tens of thousands of female patients who received mesh implants have filed personal injury lawsuits against manufacturers of the devices, including Boston Scientific, Endo International, and Johnson & Johnson. Some outcomes over the past years include:

Boston Scientific was ordered to pay $26.7 million to four women in one of the more than 14,000 cases against the company.
Endo International agreed to pay $830 million in 2014 to settle more than 20,000 cases against it.
Johnson & Johnson agreed to pay $120 million to settle 2,000 to 3,000 cases against them.

Not only can these devices cause complications such as infection, bleeding, and mesh erosion, but a number of them were found to be defective. Due to the number of complications suffered by women who received a mesh implant, the FDA changed the classification for the device from a moderate risk level to a high-risk device in 2016.

What should I do if I have a mesh device?

If you have a mesh implant, it doesn't mean you will have complications. However, be mindful of the possible warning signs, including the following:

Vaginal, groin or pelvic pain
Urinary tract infections (UTIs) or other types of infections
Vaginal bleeding or discharge
Painful intercourse
Recurrence of prolapse or incontinence

If you are suffering side effects you fear are due to a surgical mesh procedure, seek legal advice about your options. Additional surgeries and extensive treatments are often necessary to get victims' lives back on track. A knowledgeable personal injury attorney can help you obtain compensation to cover your medical treatment, continued care, lost wages, and pain and suffering.

You do not need to suffer alone. Thousands of women across the country have been awarded the compensation they deserve in surgical mesh cases.

What to do if your doctor makes a mistake

2017-03-07T16:02:03Z

What happens when something goes wrong during a medical procedure or when a mistake is made regarding a prescription or diagnosis? If the physician you trust makes a mistake that negatively affects your quality of life, what are your legal options for recovery?

While each individual case and situation is different, here are some things you need to know about Arizona law and medical malpractice suits.

What is a medical malpractice claim?

A medical malpractice lawsuit is a non-criminal claim made by a patient - or his or her survivors - against a medical provider who made a mistake or did not perform as expected. If you were injured due to negligence, you must prove that 1) your healthcare provider did not provide you with adequate treatment, and 2) that it resulted in a loss, such as a personal injury, death, a need for further medical treatment or lost income.

]]> If this has happened to you, you may have a valid medical malpractice claim. Two types of damages may be recoverable as a result of this type of lawsuit:

Actual damages: These include expenses from additional medical treatment, current and future loss of wages, loss of enjoyment of life, and pain and suffering.
Punitive damages: If your improper medical treatment was the result of your provider showing willful behavior or conduct that deliberately ignores a serious risk, you may also receive money in an amount that is designed to punish the wrongdoer.

It is important to act swiftly with personal injury and medical malpractice cases. In general, you have two years to file a claim from the time of your injury or from the time you found out that a mistake was made. But there are some claims that must be brought within 180 days of the injury or death, for example, where a government provider like a University or County hospital was responsible.

An additional requirement in Arizona

In an effort minimize the cost of medical malpractice claims, Arizona implemented an "Affidavit of Merit" law. This requirement creates another hoop for injury victims to jump through, making it more difficult for you to proceed with your claim.

This law requires anyone who sues for medical malpractice to provide expert testimony confirming the malpractice claim. This expert testimony generally comes from a healthcare professional who is not directly connected to the case. You must file this affidavit soon after filing your lawsuit.

Are there limits to what I can recover?

Some states place a limit on the amount of damages awarded in medical malpractice cases. However, Arizona has not placed a cap on financial recoveries. This means that you have the right to pursue the maximum compensation you deserve for your pain and suffering, with just a few exceptions.

If you believe you may have a medical malpractice claim, seek the advice of a personal injury attorney. An experienced attorney from the law firm of Adelman German, PLC, will evaluate your situation and advise you of your options.