Pittsburgh Medical Malpractice Attorneys Blog

Infected insulin needle blamed for hepatitis C at VA hospital

2013-05-20T18:14:00Z

Patients at another of our nation's hospitals reportedly became infected with hepatitis C after receiving treatment. So far 20 individuals, all of them veterans, have been diagnosed with the disease. Some apparently have hepatitis B as well. In total, 716 individuals were reportedly exposed to the infections.

The transmission of the disease was apparently due to the use of insulin pens that were tainted with infected blood at a VA hospital in a neighboring state to Pennsylvania. It is not clear what made it possible for the mix-up to occur.

]]> Veterans impacted by the hospital negligence have apparently taken legal action and have engaged the assistance of a lawyer in the medical malpractice matter. Though a lawsuit has not yet been filed, the attorney representing many of the veterans indicated that it is a possibility. Such a filing would likely take place should the VA not agree to alternative dispute resolution such as arbitration.

While veterans who receive treatment at the hospital will likely be happy to hear that the procedures used related to patient treatment are being reviewed, that is probably of little consolation to those who have been infected with the potentially deadly disease. While treatment for hepatitis C is available, it is often a painful process and is not guaranteed to cure the infection.

Individuals who seek medical attention at hospitals throughout the nation do so assuming that they will not be injured or become more ill as a result of actions taken by those providing the treatment.

Source: WKBW, "Veterans Infected with Potentially Deadly Disease," Mitch Simon, May 10, 2013

Parents sue those responsible for gender reassignment surgery

2013-05-17T20:43:02Z

Each day decisions are made in medical settings that bring harm to the patient on the receiving end. While in many of those situations, occurring in Pennsylvania and beyond, the harm is minor, in the worst cases it can seriously impact the life and happiness of the patient involved. This appears to be the case in a medical malpractice lawsuit recently filed on behalf of a child.

The child was born with the reproductive organs of both males and females. By the time the child was 16 months old, the parents were out of the child's life and the child was made a ward of state. At that point, for some reason individuals at the Department of Social Services in the state the child resided, decided that the male genitals should be removed, which they were. The child, now with the genitals of a female only, was eventually adopted.

]]> Now 8-years-old, despite having only female organs, the child now identifies and lives as a boy. The boy's adoptive mother said that he wants to "be a normal boy." As a result of the decision made by several individuals when he was a baby, what otherwise could have been a possibility, is now impossible.

The boy's parents filed the lawsuit against individuals working at the Department of social Services, along with three doctors involved in the matter. In it, they assert that the gender reassignment surgery was a violation of the 14th Amendment. It allegedly deprived their child of "life, liberty, or property without due process of law." They are hoping that no other children have to go through what their child is.

An undetermined amount of compensatory damages is being sought.

Source: CNN, "Parents sue South Carolina for surgically making child female," Holly Yan and Joe Sutton, May 15, 2013

Exeter Hospital receives high safety rating despite Hep C issues

2013-05-14T21:06:01Z

It is fair to say that most residents of Pennsylvania do not want to have to seek medical assistance. When it becomes a necessity it is important to many that they receive the best possible care. Understanding the desire for individuals to receive medical treatment at facilities deemed to be safe, there are groups throughout the nation that conduct studies and issue reports on the safety of hospitals. Unfortunately the ratings issued by these watchdogs may not provide a complete picture of how safe a hospital truly is.

]]> Take for instance the site of one of the recent hepatitis C outbreaks, Exeter Hospital. Leapfrog Group, a watchdog group focused on hospital safety, provided the hospital the rating of an A. This is despite the fact that the information used to reach that conclusion was collected during the period of time when the technician accused of spreading the disease, was employed by the hospital. Readers may remember that he has been accused of infecting 32 people who were patients at the hospital.

Information used to determine the rating regarded what the hospital was doing to reduce accidents, errors and injuries. The other focus was on issues surrounding operations and hospital stays. This information was publicly available. Data regarding the hepatitis C infection, as is the case with all hospital-acquired infections, is not currently made public.

Despite taking steps to protect oneself during a hospital stay, there are still times that an injury that may be construed as medical malpractice could occur. In these instances it may be prudent to explore filing a medical malpractice lawsuit.

Source: Seacoast online, "Watchdog gives exeter hospital an 'A'," May 14, 2013

Medical malpractice lawsuits likely as telemedicine grows

2013-05-10T15:44:00Z

Doctor’s visits have changed immensely from the days when doctors made house calls. Most residents of Western Pennsylvania are used to driving to a doctor's office or medical complex when they need medical assistance. Once there, it is now not uncommon for electronic devices to be used in the course of the visit. This trend is expected to continue in years to come.

In fact, the technologies currently being used by many physicians could eventually make it possible for a physician to accurately provide a diagnosis without even being in the same room as the patient. In some locations throughout the nation this is already a reality with "office visits" being done via commonly used technologies such as email, Skype, text and FaceTime. Known as telemedicine, individuals working in the field estimate that it will take at least a decade before the practice moves much beyond where it currently is.

]]> As this trend develops, it is important that safety precautions be created. The growth will likely signal an increase in the number of medical malpractice lawsuits associated with the practice. Because of the dynamics of such cases that have yet to be worked through, such as how a technology failure would impact a physician's liability, these cases will likely be complex for some time.

In the meantime, individuals working in the professional liability industry are trying to determine what medical malpractice insurance policies for telemedicine practitioners will look like compared to physicians who only see their patients face-to-face. There is certainly more to come on this subject.

Source: USA Today, "Virtual health care gaining ground," Carol Gorga Williams, May 6, 2013

Woman narrowly avoids dose of potentially fatal heart stimulant

2013-05-07T21:23:01Z

Pharmacies play a very important role in managing the health of individuals throughout the nation including the Pittsburgh area. Despite this, medication errors that potentially constitute medical malpractice occur all too often.

Recently new broke of one such mistake at arguably one of the nation's most well-known medical facilities--Walter Reed National Military Medical Center. The incident involved a mix-up between a Vitamin B12 shot and atropine sulfate. While Vitamin B12 is a fairly commonly taken supplement, the drug given to the woman in its place could have been fatal.

]]> The woman was fortunate. As her son, a former emergency medical technician, was preparing to inject what he thought was the Vitamin B12, he realized the vials indicated they contained the heart stimulant, rather than cyanocobalamin, the name of a synthetic B12. In shock he informed his mother of what could have happened had he inadvertently administered the dose.

Not all patients who are victims of pharmacy errors are so lucky. While in some cases the mistaken drug may not result in any injury, in other situations serious injuries, even death could occur. When such incidents do occur those affected may decide to pursue financial compensation via a medical malpractice lawsuit.

These types of lawsuits are often complicated. In order to collect and preserve the evidence needed for a lawsuit to be successful, it is important to work quickly in engaging the assistance of a lawyer who has handled such cases in the past. While the damage cannot be undone, a financial award or settlement may make it easier to move forward.

Source: The Washington Post, "Walter Reed investigates potentially deadly mix-up at medical center pharmacy," Mike DeBonis, May 6, 2013

Lawsuit filed after suicidal woman allowed to leave hospital

2013-05-03T16:03:00Z

We often write about situations that could result in medical malpractice lawsuits involving problems with procedures. There are times however when hospitals may be negligent without workers even coming into physical contact with the patient. This is the basis of a lawsuit that was recently filed in Pennsylvania.

The medical malpractice lawsuit alleges a hospital located in the state was negligent in the way it treated one of its patients. The 30-year- old woman was reportedly at the hospital due to what appeared to be suicidal tendencies. Despite these reportedly obvious issues, manifested in the patient's repeated messages to caregivers that she wanted to die, the woman nonetheless was left alone.

]]> This made it possible for the woman to leave the hospital, which she did. After leaving, she made her way to a road and was struck by a car. The woman died as a result of her injuries.

The woman's mother alleges the negligent behavior of workers at the hospital led to the wrongful death of her daughter. She also claims that her daughter was not the first patient at the hospital who was allowed to sneak off. In the months preceding the woman's death reportedly at least eight others did the exact same thing. It is unclear if any of those escapes resulted in death.

As we all know, there is nothing that can be done to bring the woman who died back. In some cases however, obtaining a financial award from the parties responsible for the loss, makes everything a bit easier. In this case, the woman's mother is seeking both compensatory and punitive damages.

Source: Penn Live, "Estate of deceased mental health patient sues Holy Spirit Hospital for negligence," Charles Thompson, April 29, 2013

A story of hospital and doctor negligence

2013-05-02T22:04:06Z

If a doctor or hospital is specifically warned against the use of a particular product by a federal agency, professionals should follow such advice. Unfortunately, some medical hospitals do not listen. When this happens, care providers subject themselves to medical liabilities.

For example, there was one lawsuit where a man alleged that the use of a Medtronic Infuse bone graft device and a lack of sufficient medical caused him to experience permanent injuries after a surgery.

]]> The man had spinal fusion surgery in 2010. During the surgery, the doctor used Medtronic's Infuse bone graft. It was supposed to create bone growth in the spine and help the fusion of the vertebrae. However, in 2008, doctors had been advised not to use the specific bone graft in that particular type of surgery, after several reports of deaths and complications.

The lawsuit included charges of negligence against his doctor and the medical center where the surgery was conducted. The plaintiff claimed that the staff failed to follow the sufficient standards of medical care. In the lawsuit, the man sought compensatory damages, punitive damages and legal fees.

In this case, the plaintiff pointed to the professionals' disregard of the medical warnings against the use of the bone graft. Despite the 2008 warning from the FDA, the doctor nevertheless utilized the medical device - two years later.

This story is a reminder to those that have been victimized. If you believe that you have been a victim of medical negligence, you may be entitled to recovery. Similar to the aforementioned case, you may be able to receive damages related to the incident. To learn more, you can speak with a medical malpractice attorney in your area.

Source: AboutLawsuits.com, "Lawsuit Alleges Product Liability and Medical Malpractice Claims," Irvin Jackson, Dec 7, 2012

Medication errors prevalent in Pennsylvania hospitals

2013-05-01T21:44:04Z

There are many things that can be done in a hospital setting to improve the health of the patients staying there. This is true in Pittsburgh and throughout the nation. Depending on the condition the patient has, medication may be a part of their treatment. When used correctly, this can make a huge difference. Conversely, should a medication error occur, it is possible that a patient can be greatly harmed.

There are several different medication errors that can cause such harm. One is when a patient receives the wrong dosage of the medication prescribed. Another is that a patient receives the wrong medication completely. This too can be devastating and in the worst cases lead to death.

]]> The Pennsylvania Patient Safety Authority looked into issues constituting medication mistakes for half a year in 2011. It found that there were a total of 813 instances of patients in hospitals, ambulatory medical centers and birthing centers in the state receiving the wrong medication. A total of 270 such facilities were investigated.

There are several reasons for this. First, nurses who did not confirm the identity of the person receiving the drug. Second, mistakes in the transcription of written information regarding medication included in the patient's medical record. Sometimes the issue could be traced back to labeling issues when the drugs were being dispensed. In other situations two medications were accidentally switched and given to the wrong person. Still another situation in which mistakes happened is when nurses accidentally grab the wrong medicine from areas where the drugs are stored.

Regardless of how a medical error occurs, it is important for those who are dealing with issues regarding such an error to be aware that they have legal rights. For some, that means that they will file a medical malpractice lawsuit against those responsible for the medication error.

Source: The Morning Call, "Hospitals have work to do on getting patients the correct medicine," Tim Darragh, April 18, 2013

Hospital creates newsletter focused on medical mistakes committed

2013-04-26T19:40:00Z

Patients at hospitals throughout the nation suffer injuries at the hands of the very individuals charged with improving their health. In many instances the inclination of those involved is to try to hide the infraction that constitutes hospital negligence, particularly in cases where the outcome is not serious. Applying the theory that the best way to address problems is to identify them, this is not beneficial.

One hospital in another state has taken a different approach however. In an effort to open dialogue about medical mistakes occurring at the facility, it has gone so far as to write about errors in an online newsletter that is updated monthly. In addition to providing the opportunity for individuals to share their thoughts on how such mistakes could be avoided in the future, it also presents these situations in a manner that makes the injured patient more than just a statistic.

]]> Though the publication is meant for employees, it is available to those who are not internal as well. In fact, paper versions of the newsletter will soon be distributed throughout the hospital in areas for employees. It is highly probable that some of these will make their way into the hands of patients and other visitors to the hospital.

The ultimate goal of this is newsletter is to reduce the number of the medical mistakes that occur in the hospital. Just whether it is having the intended effect is not yet clear. For patients who have been injured as a result of negligence at a hospital it is possible that a medical malpractice lawsuit could be filed. In addition to holding a hospital responsible for the negligence, successful lawsuits also provide financial damages to the injured party.

Source: Boston Globe, "Brigham and Women's airing medical mistakes," Liz Kowalczyk, April 9, 2013

New tool could assist in kidney transplant decision

2013-04-24T14:24:34Z

Residents of Pittsburgh may remember the case of a man who was diagnosed with hepatitis C after receiving a kidney from his girlfriend. Neither was informed before the surgery took place that a blood test showed that the donor had the disease. As a result of the failure to disclose this information before the procedure, the couple sued individuals involved in the surgery as well as the hospital where the transplant took place for medical malpractice.

This is of course not the only time someone has received a kidney tainted with hepatitis C. Though tests for diseases such as hepatitis C are run prior to the transplant procedure, the results are not always accurate and could result in someone receiving a kidney that is actually tainted.

]]> This situation exists for several reasons. In part it is due to the lack of available deceased-donor organs. Another factor is the health of the individual waiting for the new organ. It is not uncommon for the expected wait for an organ to be longer than an individual feels he or she has to live without a transplant. In some cases the wait is up to 10 years. Accordingly, an individual may decide to go forward with a kidney transplant even though there are questions regarding the health of the donor.

Scientists at Johns Hopkins have developed a tool that may make the decision easier to make. The tool, which is free and accessible online, uses math to help determine in which cases the odds of survival are better if they wait for an organ they definitively know is not infected with hepatitis C.

Whether a recipient of a kidney that is tainted with hepatitis C has grounds for a medical malpractice lawsuit depends on the circumstances surrounding the transplant. Individuals who are unsure of how to proceed would probably benefit from talking with a lawyer who handles such cases.

Source: News Medical, "Johns Hopkins scientists create Web-based tool to help patients decide on kidney transplantation," April 11, 2013

Hepatitis C criminal trial to be delayed?

2013-04-19T16:02:39Z

In previous posts we have written about the many individuals throughout the nation who contracted hepatitis C, allegedly due to the actions of a lab technician who worked at a series of hospitals around the country, including Exeter. The infection was reportedly spread when the man diverted narcotics meant for those patients using an infected syringe. As a result of contracting the disease, some individuals have filed a civil medical malpractice lawsuit.

]]> Perhaps not surprisingly the former hospital tech is also facing criminal charges related to the matter. Currently his trial in connection with the 32 former Exeter patients who are infected with hepatitis C is slated to begin at some point in October. Because of the complexity of the case and the extensive amount of paperwork tied to it, recently the man's defense attorneys requested that the trial be delayed. They sought a six month delay, which would push it out until April of next year.

The prosecution does not support a delay of that long of a period of time. It countered the request with three months rather than six. The reason behind not wanting to wait too long is fairly straightforward. According to the prosecution, several of the people who contracted the disease are either old or in very poor health. There is a fear that if the case takes too long to get started, those individuals will either become too ill to testify or possibly die.

The judge assigned to the matter indicated that it is up to the parties to reach a compromise on the matter. Should they ultimately decide on three months, it would then begin sometime after the first of the new year.

Source: Sea Coast Online, "Judge asks sides to compromise on Exeter hepatitis C trial date," Aaron Sanborn, April 12, 2013

Lawsuit filed against dentist who allegedly spread hepatitis C

2013-04-17T20:31:02Z

Last week we wrote a post on a wrongful death lawsuit based in medical malpractice, brought by the parents of a teen who died after undergoing dental surgery. As that case illustrates, the root of medical malpractice claims for residents of Pennsylvania, and beyond, extends beyond the hospital and clinic setting. A dentist in another state is likely all too aware of this.

The man is being sued by a former patient who became ill after the dentist removed her wisdom teeth. In addition to experiencing pain, she contracted an infection. When she sought aid from her doctor, it was apparently determined that she was suffering issues with her liver. In addition to the physical issues, the woman also reportedly suffered from emotional difficulties as well, such as anxiety and lack of trust.

]]> In her lawsuit alleging negligence, she sought damages for the medical treatment she had to undergo as well as mental pain and suffering and physical pain and suffering. In addition, she would like punitive damages as well, in an undetermined amount.

The woman appears to have a good reason to file the lawsuit. Her former dentist reportedly exposed upwards of 7,000 individuals to several diseases including hepatitis B, HIV and hepatitis C. The spread of the infections could have occurred through among other things, equipment that was not sanitary. It is unclear whether the liver issues the woman was experiencing were due to any of the infections.

Hepatitis C and other blood born infections can unfortunately be transferred in many medical settings. While it is safe to say all would likely choose to not contract such diseases, it may be some comfort to know that if it happens, it may be possible to seek damages via a medical malpractice lawsuit.

Source: Tulsa World, "Tulsa dentist at center of infection scare sued by former patient," Shannon Muchmore. April 9, 2013

Doctor, lawyer propose med mal database to prevent repeat mistakes

2013-04-13T23:53:14Z

Everyone learns from past mistakes.

Well, almost everyone.

]]> It is natural that Allegheny County readers would think that incidents of medical malpractice would be used as "teachable moments" so that doctors do not repeat the same mistakes that their colleagues made.

However, this is not really the case.

Many instances of medical malpractice are kept under wraps, and even those that are not do not get widely disseminated, often because the medical community is loathe to cast light on its members' mistakes. In part because of that, there's a very real risk that the same mistakes get made over and over again, resulting in needless patient harm.

But together, a doctor and a lawyer have proposed to change that.

At a panel discussion the other week, the doctor and lawyer proposed creating a database of information collected during medical malpractice trials. They pointed out that these trials often gather a lot of highly detailed, sophisticated information and that, as of now, this information does not go anywhere after the trial is over.

The two have proposed putting this information into a database so that it could be used for instruction and enlightenment.

Case information would be stripped of any confidential information and most identifying details.

As long as confidential information is protected and as long as there is reasonable assurance that this database could only be used for proper purposes, we think this idea has promise. After all, why should we let mistakes repeat themselves? If we can take positive steps to use the resources we already have to further ensure patient safety, that is an option we ought to at least seriously explore.

Source: ThomsonReuters News & Insight, "Tapping medical malpractice cases for safety lessons," Terry Baynes, April 11, 2013

Lawsuit related to teen's wisdom teeth surgery death settled

2013-04-12T14:32:55Z

It is a sad reality that individuals in the state of Pennsylvania are injured while under the care of medical professionals on a regular basis. In the worst cases these injuries lead to the death of the patient. While there is nothing that can be done to bring the person who has died back to life, some find it beneficial to file a medical malpractice lawsuit against the medical provider responsible for the wrongful death.

Sadly the parents of a teenager found themselves facing that very reality. Their 17-year-old daughter died in 2011 after suffering severe brain injury in the course of a surgery she underwent to have her wisdom teeth removed. Something reported occurred during the course of the routine surgery that caused her brain to be deprived of oxygen.

]]> Initially the oxygen deprivation resulted in the girl being in a coma. A week and a half after the surgery, she sadly died.

As a result of the incident, her parents filed a wrongful death lawsuit against several individuals and entities including the surgeon, the anesthesiologist and each of their medical practices. In it they alleged negligence in allowing their daughter's heart rate to drop, leading to the oxygen deprivation. Each of the five counts sought at least $30,000 in damages.

Recently this case settled prior to trial. Because the settlement is confidential, the amount the teen's parents received is unknown.

While many likely only think of medical malpractice lawsuits in the context of injuries that are inflicted in a hospital, as this case illustrates, injuries suffered at the hands of dentists fall into this same category.

Source: The Baltimore Sun, "Malpractice claim in teen's wisdom teeth death settled out of court," Kevin Rector, April 3, 2013

Jury verdict in favor of victims who contracted Hepatitis C

2013-04-10T21:41:51Z

Each day individuals throughout Western Pennsylvania turn to medical professionals to address illnesses and injuries they suffer. In some cases visits to medical providers are preventative in nature, designed to keep the person as healthy as possible by identifying any health issues as early in their development as possible. When medical errors are committed in any of these situations that result in harm to the patient, a medical malpractice lawsuit may be appropriate.

An ailment that has been receiving a lot of press as of late is Hepatitis C. Last month we wrote a post about a lawsuit that was filed by several individuals who contracted the disease while undergoing procedures at an endoscopy clinic located in Nevada. A total of nine patients reportedly contracted the infection allegedly due to unsanitary conditions. The medical malpractice lawsuit was especially interesting as the plaintiffs in the case sought to hold the clinic's insurance company, Health Plan of Nevada, liable for the injuries. In this post we provide an update on the matter.

]]> A jury recently found the health management organization was negligent in the case. It awarded three plaintiffs a total of $24 million in compensatory damages. Of that amount $9 million was for a 76-year-old woman. An additional $12 million was allotted to a 70-year-old female victim. The remaining $3 million went to that woman's husband. The doctor who ran the clinic was not named as a defendant in this lawsuit.

Several days after the verdict was announced, the jury also determined the amount of punitive damages to be awarded in the case. In this decision, the jury awarded an additional $500 million to the injured individuals. Perhaps not surprisingly, Health Plan of Nevada has indicated it plans on appealing the verdict.

Source: Courthouse News Service, "$24 Million Award in Hepatitis C Case," Nick DiVito, April 8, 2013

The Wall Street Journal, "Jury Awards $500 Million Damages in Hepatitis Case," Anna Wilde Mathews, April 9, 2013