Illinois Supreme Court Upholds Patients' Rights In Medical Malpractice Cases

For the third time in recent years, the Illinois Supreme Court has rejected the State legislatures attempt to limit the rights of those who have been harmed by negligent doctors and hospitals.  

This most recent decision held section 2-1706.5 of the Code of Civil Procedure was unconstitutional because it violated the separation of powers between the judiciary and legislative branches of government. Under section 2-1706.5, an injured person was limited in their recovery of non-economic damages of $500,000 against doctors and $1,000,000 against hospitals.  

The Illinois Supreme Court addressed these issues when it took on the case of Lebron v. Gottlieb Memorial Hospital, No. 105741 (Ill. 2010).  In Lebron, the child's family brought a medical malpractice lawsuit against a hospital, alleging the hospital's negligence during delivery resulted in multiple injuries including: brain injury, cerebral palsy, cognitive mental impairment, necessity for a gastronomy tube and other functional impairments.

Although the Illinois legislature did not set caps on 'hard damages' such as past and future medical expenses, the limits applied to less tangible damages.  Generally, courts consider the follow to be 'non-economic' damages:

  • Pain & Suffering
  • Disfigurement
  • Loss of normal life
  • Loss of society 

As lawyers who handle medical malpractice cases throughout Illinois, this decision represents an important commitment by our courts to protect the rights of those who have been injured or killed due to medical errors.  While, no amount of money can undo an injury caused by a physician's negligence, at least these people will have an opportunity to have their day in court and the opportunity to allow a jury of their peers to render an award that is reasonable.

Related: 

Lebron v. Gottlieb Memorial Hospital, No. 105741 & 105745 (cons.)

As Congress Debates Health Reform Measures, Some Still Want To Strip Injured People Of Their Legal Rights

Who Benefits From Damage Caps In Nursing Home Lawsuits?

Improper Drug Dosage, Wrong Medication, Interactions With Other Drugs.... May Be The Result Of Pharmaceutical Malpractice

Prescription drugs are invaluable tools in the practice of medicine, used to treat numerous illnesses and diseases. However, prescription errors can result in serious injury and death. In the United States, about 1.5 million preventable adverse drug events occur every year.

Pharmaceutical malpractice can occur when a doctor prescribes the wrong medication or incorrect dose or when a pharmacist fills the wrong medication or dosage. The National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP) defines a medication error as:

"A medication error is any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use."

These pharmaceutical errors can result in serious health complications including allergic reactions, organ damage caused by an overdose, infection, stroke, heart failure, and even death. Doctors and pharmacists must follow strict regulations in order to prevent mistakes. In Illinois, the Pharmacy Practice Act (225 ILCS 85) regulates the practice of pharmacy in Illinois. 

Types of Pharmaceutical Errors

  • Adverse Drug Side Effects
  • Incorrectly Filling A Prescription
  • Incorrect Labeling
  • Incorrect Dosage
  • Drug Interactions
  • Incorrect instructions regarding usage

Drug Side Effects

Many prescription medications have serious side effects that should be considered before taking them. Some serious and common side effects include: allergic reactions, heart problems, liver and kidney failure, weight gain/loss, and psychological effects. The doctor prescribing your medication should consider the pros and cons of prescribing the medication as opposed to leaving the condition untreated or prescribing a different medication. 

When considering whether to prescribe a drug with serious side effects, the doctor should consider your full medical history and information to determine whether you can handle the side effects. Also, when filling a prescription order, pharmacists have a duty to advise you about any side effects that might accompany the use of the prescription medication. 

Incorrect Prescription

Medication errors can result when there is a miscommunication of drug orders. This can involve poor handwriting, confusion between drugs with similar names, misuse of zeroes and decimal points, confusion of metric and other dosing units, and inappropriate abbreviations. As many people know, doctor’s handwriting is often times little more than a scrawl or scribble. 

Doctors must take reasonable care in correctly and accurately writing prescriptions. One way to reduce the chance of prescription errors is to use electronic prescriptions, removing the risk of errors associated with poor handwriting. However, mistakes can still occur when a doctor types in the wrong prescription order. Therefore, doctors should take extra care when prescribing medications to ensure that no transcribing errors have occurred. 

Medication errors can also occur when doctors take incomplete patient information. For example, the doctor might not know about the patient’s allergies, any other medications the patient is taking, previous diagnoses, and lab results. Doctors perform best when fully informed about the patient’s history and information. Doctors should ensure that they have a patient’s complete and up to date information before prescribing medication, in order to cut down on medication errors. 

Incorrect Labeling

Pharmacists must ensure that medications have correct labels before selling them to patients. Prescription medication labels should include the name of the drug it contains, the amount to be taken, the time of day to take the medication, and any warnings while taking the drug. When prescription medications are labeled incorrectly, you may end up taking the wrong drug, the wrong dose, the wrong time, or be unaware of warnings about what foods, beverages, or activities to avoid while taking the drug. 

These mistakes can result in serious complications including liver or kidney damage or death or not receiving the full benefit of the drug’s intended purpose. Even when pharmacists include the correct information on the label, they should go over the recommended dosage, procedures, and warnings to ensure that you understand how to safely and correctly take the medication. This is especially important with older adults who may be unable to read the label.  

Incorrect Dosage

Prescription medications have more serious dangers associated with them than over the counter (OTC) drugs. Therefore, it is important that pharmacists issue the correct drug (the one the doctor prescribed) at the correct dose. Errors in filling prescriptions can result from similar-looking pills, difficult to read physician handwriting, and rushed work at pharmacies. Pharmacists must exercise reasonable care when filling each and every prescription order to ensure that you receive the highest standard of care and avoid injury. 

In Illinois, registered pharmacy technicians may, under the supervision of a pharmacist, assist in the dispensing process, offer counseling, and receive new verbal prescription orders (225 ILCS 85/9 – Registration as pharmacy technician). Depending on the pace of business at the pharmacy, these pharmacy technicians might not receive proper supervision to ensure the highest standard of care. 

These mistakes can also cause serious medical complications, either because you take too much or too little of a drug or even taking the wrong drug. Many prescription medications treat serious illness and disease, and besides the risks associated with taking the wrong drug or the wrong dose, are the risks associated with not treating the illness or disease that prompted your doctor to give you a prescription in the first place. 

Adverse Drug Interactions

Many people, especially older adults, take multiple prescription medications, which are commonly prescribed my multiple doctors. However, problems can occur because the doctors prescribing these medications might not know about the other drugs you are taking. 

This can lead to serious complications stemming from drug interactions. Drug-drug interactions are not the only type of potentially dangerous drug interactions; there can also be drug interactions with foods, beverages, and dietary supplements. 

There are three main types of drug interactions:

  • Drugs with food and beverages
  • Drugs with dietary supplements
  • Drugs with other drugs

Drug interactions can reduce the effectiveness of drugs, cause unexpected side effects, or increase the action of a particular drug. Drug interactions with food and beverages might result in delayed, decreased, or enhanced absorption of a medication. Dietary supplements can also cause a variety of drug interactions, and with fifty percent of American adults using dietary supplements (vitamins, minerals, amino acids, herbs or botanicals) on a regular basis, the risk of negative drug interactions is high. 

For example, St. John’s Wort can reduce the concentration of medications in the blood; Vitamin E can increase anti-clotting activity and cause increased risk of bleeding when taken with blood-thinning medication; Ginseng can enhance the bleeding effects of aspirin and ibuprofen; and Ginkgo Biloba can decrease the effectiveness of anticonvulsant therapy. Drug-drug interactions can cause adverse drug reactions. 

The rate of adverse drug reactions increases significantly when a patient is on four or more medications. This is especially worrisome because almost 40% of Americans receive prescriptions for four or more medications. 

Because pharmacists fill prescriptions issued by multiple doctors, they are in the best position to catch potentially harmful drug interactions. However, some people use more than one pharmacy for their drug needs. Therefore, in order to avoid problems with drug interactions, you should use one pharmacy for all of your medications and keep a record of all prescription drugs, over the counter (OTC) drugs, and dietary supplements that you take. 

Nursing home staff must take extra precautions when distributing new prescription medications to nursing home residents. Many nursing home residents are on multiple medications for a variety of physical and mental conditions that are best treated with prescription drugs. These residents might be under the supervision of multiple doctors, and it is the nursing home’s responsibility to ensure that the doctors are aware of all the resident’s medications and changes in condition in order to avoid serious medical complications. 

Physician & Pharmacists Duty To Use Reasonable Care

Pharmacists and doctors have a duty to exercise reasonable care in prescribing and filling prescription drugs. When this duty is breached, serious injuries and even death can occur. Elderly adults are particularly susceptible to injuries stemming from pharmaceutical medication errors because many older adults take multiple medications. Furthermore, many older adults see multiple doctors for specialized care to treat specific injuries or illnesses. 

The increased number of prescription drugs and multiple drug providers can increase the likelihood for a pharmaceutical error. Older adults are also less able to prevent pharmaceutical errors because they might be less able to read the labels and warnings, be less able to understand the medication labels, and might be unable to provide doctors with a complete list of medications or medical information. Many older adults, especially those in nursing homes, rely on other people to fulfill their prescription needs. Therefore, additional care and caution must be taken when prescribing medications to older adults, especially those who rely on nursing home staff for medications and activities of daily living. 

If you or a member of your family has suffered injury because of a pharmaceutical error, you can bring a pharmaceutical malpractice or negligence action. In addition, if the worst occurs and the pharmaceutical malpractice results in the death of a loved one, you may also be entitled to bring a wrongful death action

Speak to our experienced pharmaceutical error lawyers about your case for free today.  Nationwide service.  (888) 424-5757

Resources:

FDA: Avoiding Drug Interactions

National Coordinating Council for Medication Error Reporting and Prevention

Adverse Drug Event Reporting: The Roles of Consumers and Health-Care Professionals

Illinois General Assembly – 225 ILCS 85/9 Registration as pharmacy technician

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As Congress Debates Health Reform Measures, Some Still Want To Strip Injured People Of Their Legal Rights

This is a great clip showing extreme efforts conservative members of congress will go to promote their big-business agenda.  Here you can see Rep. Bruce Braley (D-IA) constantly getting interrupted by his Republican colleagues chanting 'trial lawyer' as Braley champions patient safety in health care.

In his closing arguments, Congressman Braley states:

“During this entire health care debate, we've heard a lot from our friends on the other side of the aisle about something called medical liability reform, but all day as they've been talking about this point, you have not heard one word about patient safety.”

Good point congressman.

Related:

Let's Stick To The Facts About Healthcare Reform & Medical Malpractice

Medicare No Longer To Pay For 'Reasonably Preventable' Medical Errors

Who Benefits From Damage Caps In Nursing Home Lawsuits

Let's Stick To The Facts About Healthcare Reform & Medical Malpractice

Some politicians have thrown 'tort reform' into the mix of President Obama's new health care plan under the guise of saving money.  Several states already have full-fledged tort reform measures in place where the state legislature has set caps on the amount of money an injured person can recover.  Years after many of these damage caps have been put into place, neither physician malpractice premiums nor individual health insurance rates have declined.

Nonetheless, rather than debate the philosophical aspects of imposing limits on recovery, here are some facts regarding tort reform:

  • Medical malpractice has no place in the healthcare debate. Healthcare reform is about making sure that every American has access to quality, low-cost healthcare, not about limiting the legal rights of innocent patients harmed by medical negligence.
        
  • Tort reform does not improve the quality of our healthcare system or produce cost savings. Forty-eight states have already enacted at least one medical malpractice tort reform measure. Yet, these legal restrictions have done nothing to improve our health care system—forty seven million Americans still have no health care, costs are still escalating and 98,000 Americans still die each year from preventable medical errors. Limiting the legal rights of injured patients will do nothing to fix these problems.
     
  • Medical malpractice is about real people, with real injuries. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors.  And, this number does not even include the countless other people who are injured by medical errors. Rather than reforming the legal system that provides protections to these injured patients, we must focus on reforming the medical system in this country to prevent these errors from ever happening in the first place.
     
  • There is no medical malpractice crisis. In 2008, medical malpractice payments accounted to 0.2 percent of all health costs – the lowest level on record. Furthermore, researchers at the Harvard University School of Public Health have found that nearly all medical negligence claims are meritorious, with 97 percent of claims involving medical injury and 80 percent involving physical injuries resulting in major disability or death.
     
  • Americans should not have to give up rights, in order to gain the right to healthcare. President Obama has repeatedly stated that in America, healthcare is a right.  Likewise, Americans should not have to relinquish their constitutionally protected 7th Amendment rights in order to gain access to quality healthcare.  
     
  • Lawmakers should focus on the key issues. Achieving consensus on the health reform is an extremely delicate balance. Lawmakers must not unnecessarily insert extraneous, controversial issues such as tort reform into an already complicated issue. 
       
  • Health courts would be an expensive, bureaucratic nightmare. They would exchange a patient’s constitutional right to a jury trial for a schedule of pre-determined outcomes that would be handed out by judges more interested in appeasing special interests than rendering justice to the injured patients standing before them. And health courts would not protect patients from wrongdoers, but instead, would shield doctors and hospitals from accountability for their careless, harmful acts. Health courts truly are an unfair proposition for patients.  

For more information, go to www.peopleoverprofits.org

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Never Event: Incompatability of Blood Types In Transfusions

Blood transfusions are the process of transferring a blood component (usually plasma or red blood cells) from one person (the donor) into the circulatory system of another person (the recipient) through an intravenous (IV) line.  Whole blood is made up of blood components (plasma, red blood cells, white blood cells, and platelets), and whole-blood transfusions are rarely given.  Blood transfusion therapy is often used to treat massive blood loss or blood disease. 

One major concern during blood transfusions is blood type compatibility.  The donor and recipient blood types should be checked and cross-matched to ensure that the recipient’s immune system will not attack the donor blood.  There are four main blood types: A, B, AB, and O.  Blood is also classified by its Rh factor, either Rh positive or Rh negative (indicating the presence or absence or a specific antigen, which could trigger an immune system response).  For example, a person with type A blood is either A positive or A negative. 

If your blood type is . . .

Type

You Can Give Blood To

You Can Receive Blood From

A+

A+  AB+

A+  A-  O+  O-

O+

O+  A+  B+  AB+

O+  O-

B+

B+  AB+

B+  B-  O+  O-

AB+

AB+

Everyone

A-

A+  A-  AB+  AB-

A-  O-

O-

Everyone

O-

B-

B+  B-  AB+  AB-

B-  O-

AB-

AB+  AB-

AB-  A-  B-  O-


Although uncommon, blood transfusion reactions are possible.  Symptoms of reactions include: chills, fever, nausea, rash, itching, pink-colored urine, and difficulty breathing.  Major transfusion reactions include acute hemolytic reaction (see below), transfusion-associated adult respiratory distress syndrome (difficulty breathing during the transfusion or within six hours following transfusion), and febrile transfusion reactions (fever occurring within 24 hours of transfusion). Medical error is the main cause of transfusion-related deaths, including bypassing safeguards, similar patient names, and verbal or faxed communications. 

The most serious type of transfusion reaction is acute immune hemolytic reaction, where the donor and recipient blood types do not match, causing the recipient’s antibodies to attack the donor blood, causing the red blood cells to break open and release harmful substances into the bloodstream.  This can result in kidney damage requiring dialysis and even death if the transfusion is not stopped when the reaction begins.  The main cause of acute immune hemolytic reaction is human error, especially during emergency situations.  

At the very least, nursing home patients should know their blood type and alert the facility as to their blood type so if a blood transfusion is required, the appropriate blood type can be relayed to the medical providers.

Resources:

MayoClinic.com – Blood Transfusion

American Red Cross – Blood Type Compatibility Table

Mayo Clinic Internal Medicine Concise Textbook – Habermann, Ghosh.  Informa Healthcare (2007). 

American Cancer Society – Possible Risks of Blood Product Transfusions

Appellate Court Orders Retrial In Nursing Home Negligence Case With $29.8M In Punitive Damages

Following an appeal by a nursing home operator based on an excessive verdict, an Appellate Court has ordered a re-trial of the punitive damage aspect of a nursing home negligence case.  The case was originally tried in Warren County Circuit court and a jury awarded $4.1 M in compensatory damages and $29.8 M in punitive damages.  

The nursing home negligence lawsuit was brought by the daughters of Cheatum Myers, an 88-year-old man who allegedly died prematurely while he was a resident at a nursing home owned by National Healthcare Corporation, a Murfreesboro-based nursing home operator.  The family's lawsuit involved separate counts for negligence, medical malpractice and wrongful death.  

National Healthcare Corporation has 60 days from the entry of the Appellate Court's decision to file a motion to reconsider with the Tennessee Supreme Court.  National Healthcare Corporation is the 11th largest nursing home operator in the United States and currently houses over 9,000 elderly residents.  Read more about this nursing home negligence lawsuit here.

Punitive Damages

Punitive damages are damages not awarded in order to compensate the plaintiff, but in order to punish or deter the defendant and similar persons from similar behavior that harmed the plaintiff (injured party).  In most jurisdictions, plaintiffs must get permission from the court to pursue a claim for punitive damages.  There is no set limit or absolutely impermissible ratio of punitive damages to compensatory damages, though punitive damages with outrageously high ratios have been reversed by appellate courts.

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Juries Sending A Message To Nursing Homes

Big Verdicts Against Nursing Homes

Never Event #8: Air Embolism

An air embolism is a condition caused by air or gas bubbles in the bloodstream.  The air bubbles may enter the bloodstream during surgery or other medical procedure.  One of the more common sources of air embolism is related to usage of a central venous catheter.  Medical professionals should be aware of the potential complication and use care to prevent air from being introduced when inserting or removing a central venous catheter.  There have been reports that demonstrate an increase in the incidence of air embolisms with the use of fibran sheaths. 

Death may occur from air embolisms if the air bubble becomes lodged in the heart.  If a large amount of gas or air is introduced to the body, the air pocket acts as a vapor lock and prevent blood from being circulated.  The amount of air necessary to cause an air embolism is also related to the body positioning and general health of the individual.  The symptoms of a an air embolism are similar to a stroke or heart attack.

If you believe your loved one has experienced an air embolism during a hospital stay or medical procedure, contact experienced medical malpractice attorneys at Strellis & Field, today to learn your rights. Lawyers will travel to you.

Never Event #7: Surgical Site Infection

According to the the Institute for Healthcare Improvement, 2.6% of the the 30 million operations performed each year are accompanied by a postoperative infection.  Certain procedures account for a higher number of infections---some procedures have infection rates of up to 11%.  

There are essentially two types of incisional infections.  Superficial infections involved infection on the skin surface and the subcutaneous tissue.  Deep incisional infections affect the deep tissue muscle and fascia.  Deep incisional infections are the most serious and have a higher death rate than an infection on the skin's surface.  Nonetheless, infections on the skin's surface must be timely treated to avoid the infection from spreading.

Surgical site infections result from endogenous (from the patient's own body) and exogenous sources (dirty surgical materials).  Infections that derive from the patient's body are more common. The three most common infection causing microorganisms that reside on the patient's body are: Staphylococcus aureus, Coagulase negative staphylococcus and enterococcus. 

Why are surgical site infections on the 'never list'?

Surgical site infections are on the 'never list' for several reasons.  There are multiple preoperative and intraoperative preventative measures that can significantly reduce if not eliminate surgical site infections.  Many of these preventative measures involve scientific principals proven over the last 50 years, yet some hospitals and physicians continually fail to implement them on a regular basis.

Preoperative Causes Of Infection

  • Inappropriate administration of antibiotics
  • Inadequate sterilization of skin
  • Infection in remote area not treated prior to surgery
  • Shaving vs. clipping hair

Introperative Causes Of Infection

  • Long duration of surgery
  • Improper surgical team hand preparation
  • Dirty surgical environment- equipment, ventilation, surgical tools
  • Improper surgical technique: hemostatis, foreign bodies

If you have experienced extended illness or injury that is related to a surgical site infection, you may be entitled to compensation for your medical bills, disability, pain and suffering and lost wages. Contact an experienced medical malpractice attorney to learn your rights.

Resource: Center For Disease Control- Preventing Surgical Site Infections: A Surgeon's Perspective

 

 

 

 

Never Event #6: Foreign Objects Left In During Surgery

Incidents involved foreign objects left inside the body during surgery are common occurrence. Statistics from The New England Journal Of Medicine show that most large hospitals will have at least one incident per year where a surgical teams leaves surgical equipment behind.  The most common item left inside body cavities are surgical sponges.  Even larger items have been left inside the body cavity including: scalpels, scissors, tweezers, needles and even parts to a drill. 

Surgeries that require opening of the chest or abdomen have a higher likelihood for the hospital staff leaving foreign objects behind.  There are similar increases in the number of incidents in emergency surgeries, unplanned changes during surgery and in people with higher body mass indexes.

Foreign objects left in the body may remain relatively quiet for years before they are discovered.  Once discovered these foreign objects usually need to be removed.  Foreign objects may become dislodged and cause major injuries such as sepsis, infection, internal bleeding and death.

Why Are Foreign Objects Left During Surgery On The 'Never List'?

Leaving a foreign object in the body during surgery is the result of a sloppy surgical staff.  All members of the operative staff have a responsibility to the patient to assure that all surgical equipment is removed following the procedure.  Hospitals should have preventative policies in effect to reduce or avoid incidents involving foreign objects left in the body:

  • Mandatory surgical sweeps including a visual and manual inspection of the operative area
  • Double counts of all surgical supplies
  • Use of x-ray detectable items in the surgical wound
  • Take x-rays where there is an inability to count the surgical supplies or there is a discrepancy in the count numbers

19 Hours In A Hospital Waiting Room... For A Bill

On September 24th, Amber Joy Milbrodt injured her leg while playing volleyball.  Needing medical treatment, Milbrodt went to the emergency room at Parkland Hospital in Dallas, Texas.  After a three and a half hour wait the a nurse provided an initial assessment of Ms. Milbrodt and sent her back to the waiting area.  Fifteen hours later and still sitting in the waiting area, Ms. Milbrodt had enough and went home.  Ms. Milbrodt later visited a chiropractic school where they confirmed that she had a broken leg. Ms. Milbrodt received a bill for the emergency room assessment several days later.

What makes this incident particularly disturbing is that it comes just five days after a man died after waiting 19 hours for relief of his chest pain.  On September 20th, 59-year-old, Mike Herrera, died from cardiac arrest in an examination room in the emergency room.  Mr. Herrera checked himself into the emergency room at a computer kiosk before he began his wait.

Parkland officials acknowledge the problem with patient wait times in the emergency room.  "There's nothing you can say except just apologize for this happening," Parkland's president, Ron Anderson, told reporters after the September 20 death.

 

Mr. Herrera's death follows years of warnings about excessive wait times in the emergency department of Dallas County's charity hospital, which serves the indigent and others without health insurance.  A 2004 study on the hospital – which noted two previous consultant reports – said wait times in Parkland's ER were so excessive that more than one in 10 patients left the hospital before seeing a doctor.

 

Since then, that ratio has increased to one in five. Officials say the hospital simply has too few beds for the crush of people needing care. The emergency department, where 81 percent of the hospital's patients are admitted, is a perpetual logjam.  Last year, patients admitted to the hospital through the ER waited an average of 12 hours and 42 minutes for an inpatient bed. This year, the hospital has shaved an hour from that time.

 

Obviously this facility is in the business of providing inadequate patient care.  Even if the facility is overwhelmed with patients, a person from the hospital must be present to prioritize patient needs. Not tending to cardiac or orthopedic patients in a timely manner is malpractice and the facility should be held fully responsible for the injuries.

 

Read more about the September 20 this incident involving emergency room malpractice here.

Never Event #5: Deep Vein Thrombosis / Pulmonary Embolism Following Surgery

 What Is Deep Vein Thrombosis?

Deep vein thrombosis (DVT) occurs when a blood clot forms inside the body.  Deep vein thrombosis usually occurs in the legs, arms and chest.  If a blood clot dislodges from the area where it initially formed it may get stuck in a smaller vein and block circulation of blood and cause organ problems. Deep vein thrombosis may cause problems in the lungs, brain, heart or other vital organs.  If not detected quickly, a blood clot may cause permanent damage or death.

Symptoms Of Deep Vein Thrombosis

  • May or may not be detected via manifestation of physical symptoms
  • Tenderness in arms, legs or chest
  • Pain or swelling of arms, legs, chest

Causes Of Deep Vein Thrombosis

  • Surgery or injury that restricts blood flow to a part of the body
  • Inherited conditions that increases blood clotting
  • History of heart attack or stroke
  • Obesity
  • Inactivity for long periods of time

What Is Pulmonary Embolism?

Pulmonary embolism is a sudden blockage of a major artery in the lung.  Generally, the blockage is caused by a blood clot.  The blood clots may cause permanent harm to the lung, but they usually do not cause death.  It is important to diagnose pulmonary embolism quickly to reduce the risk of permanent complications.

Symptoms Of Pulmonary Embolism

  • Shortness of breath
  • Sharp chest pain
  • Mucus that comes up when coughing
  • Sweats
  • Increased heart rate

Causes Of Pulmonary Embolism

  • Inactivity
  • Recent surgery in legs or abdomen
  • Severe infection
  • Obesity
  • Age (there is a higher risk of pulmonary embolism in people over 70)

Why Is Deep Vein Thrombosis And Pulmonary Embolism Following Hip & Knee Surgery On The 'Never Event' list?

First of all, hospital staff should be on the look out to identify the early stages of deep vein thrombosis and pulmonary embolism in individuals who recently had hip or knee surgery.  In addition, hospital staff should take some or all of the following measures to reduce the risk of development of deep vein thrombosis and pulmonary embolism by:

  • Starting patients on blood thinners
  • Encouraging activity as soon as feasible following surgery
  • Giving patients extra fluid
  • Using compression stockings
  • Limiting the use of some medications which have been linked to blood clotting problems: Vioxx, Bextra and Celebrex

If you or a loved one have are scheduled for any type of othropedic surgery, discuss with your doctor the need for prophylactic treatment.  If you have suffered a deep vein thrombosis or pulmonary embolism following hip or knee surgery, contact an attorney to learn if you have a potential claim against the hospital or physician.

Never Event #4: Catheter Associated Urinary Tract Infections

Catheter related urinary tract infections are the most frequently encountered infection amongst people in nursing homes.  Generally, the longer a catheter is in place, the more likely an infection will develop.  According to the Centers for Disease Control and Prevention (CDC), infection rates range from 1% to 5% after a single brief catheterization to virtually 100% rate of infection for long-term catheter uses. 

The urinary tract is composed of the kidneys and urethra.  As a rule, the 'higher up' the infection, the more serious it is.  A lower urinary tract infection affects the urethra and bladder and can usually be treated easily with antibiotics.  An infection in the upper urinary tract is more severe and affects the kidneys (pyelonephritis) and requires extensive medical treatment.  Once a urinary tract infection reaches the kidneys, it must be closely monitored or it may spread to other areas of the body. An advanced urinary tract infection may result in kidney failure and death.

What are the symptoms of a catheter associated urinary tract infection?

  • Painful urination
  • Tenderness above the pubic bone
  • Decreased appetite
  • Inbalance, frequent falls
  • Increased heartbeat

If there is such a high rate of infection, why is a catheter associated urinary tract infection on the 'never list'?

Most urinary tract infections are preventable with the implementation of basic sanitation.  Further, upper urinary tract infections are preventable with early detection and treatment.  Below are safeguards recommended by the CDC:

  • Provide education to hospital and nursing home staff on proper catheter insertion technique
  • Only catheterize when necessary
  • Wash hands
  • Use sterile equipment
  • Use closed drainage bags
  • Take regular urine samples
  • Observe the color, clarity, and smell of draining urine
  • Keep residents with urinary tract infections separate from other non-infected residents

As you can see, most of the prevention guidelines are extremely basic,  There is no excuse for facilities that fail to implement of urinary tract infection prevention techniques.  

 

 

 

 

 

Never Event #3: Poorly Controlled Blood Sugar, Hyperglycemia & Hypoglycemia

Medicare has determined that complications associated with poorly controlled blood sugar should be included on the 'never list' as they are so easily avoidable that the costs of the treatment should not be permitted to be submitted to CMS for reimbursement.  In 2007, there were 14,929 reported cases of poorly controlled blood sugar amongst diabetics in hospitals.  

 

 

Hyperglycemia

Hyperglycemia develops when there is too much sugar in the blood (glucose > 180mg/dl). Hyperglycemia may be caused by skipping insulin does, infection or illness.  Prolonged hyperglycemia can result in infection, slow-healing cuts and sores, vision problems, nerve damage in arms and legs, chronic constipation and death.

Hypoglycemia

Hypoglycemia develops when blood sugar levels fall (glucose < 70mg/dl).  Like hyperglycemia, hypoglycemia may develop when insulin is not timely administered or if the dosage is too high. Hypoglycemia may lead to serious medical complications such as coma or death.

Importance of Monitoring Diabetic Patients

Residents of hospitals and nursing homes with diabetes must be monitored on a regular basis. Proper monitoring of diabetics should consist of not only monitoring their blood sugar levels and diet, but the medical staff must also keep track of how the residents look and behave.  Special attention should be paid to residents who experience: frequent urination, weight loss, fatigue, unusual aches or vision problems.

If you or a loved one experienced an episode of hyperglycemia or hypoglycemia during a stay at a hospital or nursing home contact an experienced nursing home lawyer to learn your rights.

Never Event #1: Hospital Falls & Trauma

Falls in trauma top the list of preventable medical conditions in hospitals, accounting for 193,566 incidents in 2007.  Falls in hospitals (and similarly in nursing homes) are deemed to be preventable by Medicare because with proper fall/risk assessments and staff assistance most falls in hospital could be avoided.  A number of factors should be addressed by a hospital to determine if a person is at risk for falls:

  • Medication that may effect balance or coordination
  • Does the person normally use an assistive device like a walker or cane?  If so, one should be provided by the facility at all times.
  • Age.  Older residents have a far greater risk of falling than their younger counterparts
  • Is the person able to use the bathroom themselves?  If not, regular assistance should be provided by the staff.

In a recent study by researchers at Washington University in St. Louis, patients were injured in 42% of falls occurring in the hospital.  Hospital patients were seriously injured in 8% of the falls with head trauma or fractures.  The study also determined that the people most likely to sustain a serious fall-related injury were those on their way to or in the bathroom.  

In addition to determining patients who are at high risk for falling, hospitals should take precautions to minimize the likelihood of falls due to sloppiness or inadequate staffing.  In order to assure resident falls are minimized hospitals should make sure the following in done:

  • Remove clutter from floor.  
  • Remove improperly fitting slippers and other clothing.
  • Keep bed rails up when patients are sleeping.
  • Provide adequate staff and equipment when transferring into and out of bed.
  • Install handrails in areas where patients need stability.
  • Keep call lights within reach of residents in bed at all times.  Residents can request assistance easily.
  • Lock wheels on wheelchairs and beds when transferring patients.

If a fall occurred during a hospitalization, do not assume that the fall resulted from an unforeseeable condition.  There is a good likelihood that the hospital should of identified the patients likelihood of falling and taken precautions. 

Medicare No Longer To Pay For 'Reasonably Prevenatable' Medical Errors

As of October 1, 2008 Medicare is no longer reimbursing hospitals for reasonably preventable medical errors.  The medical facilities will similarly no longer be able to charge patients directly for medical care resulting in errors.  Called 'never events'--because the medical errors were never intended to occur, the below is a list of the never events and well as their reported frequency in 2007.  The below chart was published in The New York Times article on 'never events.'

We at The Chicago Nursing Home Law Blog applaud this important development towards improving patient safety.  We will soon be highlighting each of the ten 'never events' with individual posts. 

MRI Dangers: Pacemakers And Metallic Foreign Bodies

A fall or an injury in a nursing home frequently means a referral for a magnetic resonance image (MRI) of the injured area.  An MRI uses powerful magnets and radio waves to produce very clear images of the body that are more accurate than x-rays.  

Not everyone is capable of undergoing an MRI.  Because of the strong magnetic fields and electrical interference people with the following medical conditions should alert their physician or technician before undergoing any MRI procedure:

  • Heart pacemaker
  • Cerebral aneurysm clip (metal clip on a blood vessel in the brain)
  • Implanted insulin pump (for treatment of diabetes), narcotics pump (for pain medication), or implanted nerve stimulator
  • TENS" device for back pain
  • Metal in the eye or eye socket
  • Cochlear (ear) implant for hearing impairment

Even if you are unable to communicate your medical history to the MRI technician or physician, the facility must conduct a thorough examination of you prior to undergoing an MRI.  Failure of the MRI facility to detect the presence of an electronic or metal implant is a deviation from medical standards and imposes responsibility on the facility or hospital.  

Exposure to magnetic fields may result serious medical complications for those reliant on technology for their well being.  For example if a person with a heart pacemaker undergoes an MRI without the close monitoring of a cardiologist, they may go into cardiac arrest or heat failure.

If you you believe that you have been injured due to an improperly  performed MRI, contact my office for a confidential consultation anytime.  (312) 201-0000

 

 

Indiana Hospital Errors Increase 24% In The Past Year

According to the Indiana Department of Health, the number of reported hospital errors rose from 85 in 2006 to 105 in 2007.  Indiana hospitals and surgury centers must report any of the 27 avoidable medical errors from a list compiled by National Quality Forum, a non-profit group dedicated to improving health care.  Some of the medical errors reported include:

Robert Wachter, a professor of medicine at the University of California-San Francisco, said it is difficult to evaluate hospitals in the early years of medical error reporting systems such as Indiana's.  He said jumps in errors could be from more accurate reporting or from more actual errors.   Wachter said he was skeptical of hospitals that reported no errors.

I would guess that the number of reported medical errors is extremely low.  Some hospitals in the Chicago, Illinois have greater number of medical errors than the entire state of Indiana.  Nursing home residents should be aware of hospital problems because nursing homes will frequently send residents to a hospital if their condition worsens or the facility is unable to care for them.

Read more about the Indiana Medical Errors in this Chicago Tribune article here.

Dangers With Blood Tranfusions

The New York Times recently reported on the potential dangers with receiving a blood transfusion with blood drawn and screened by the Red Cross.  The Red Cross supplies 43% of the nations blood and handles blood from the actual donor draw to the time the donated blood is used.  FDA reports have documented problems with the screening of donors for possible exposure to diseases, failure to properly swab the arms of donors, failure to test for syphilis and failure to discard deficient blood. 

There is no way to determine the full extent of the mistakes made by the Red Cross in the handling of blood.  According to the FDA there are situations where the Red Cross has repeatedly failed to investigate its mistakes.  Potential diseases transferred through blood transfusions are HIV and hepatitis.

Blood transfusions are very common. Each year, almost 5 million Americans need blood transfusions. This procedure is used for people of all ages.  The most common need for a blood transfusion is for people who have lost their own blood during surgery.  Some people who have serious injuries—such as from car wrecks, war, or natural disasters—need blood transfusions to replace blood lost during the injury. 

Seniors who had disease are likely to require a transfusion at some time.  Many elderly with severe infection or liver disease that stops your body from properly making blood or some parts of blood.  An illness that causes anemia, such as kidney disease or cancer. Medicines or radiation used to treat a medical condition also can cause anemia.

Staffing problems are the real cause of blood supply problems.  Low paid employees are expected to follow complicated processes to harvest and store the blood.  The low pay and complex nature of the job leads to high employee turnover.

Medical Malpractice And Nursing Homes

Medical malpractice claims arise when people are injured by negligent or intentional acts of a licensed medical professional.  Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider.

If a physician or hospital is determined to be legally responsible for causing an injuring to someone, the injured person may recover compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. Elements of damages may include: medical bills, loss of normal life, disability, disfigurement and pain and suffering.

Many nursing home residents receive medical treatment from physicians and medical facilities not affiliated with the nursing home in which they are a resident.  If a nursing home resident is injured to to the acts of a physician or medical facility they may be required to bring a cause of action under the medical malpractice laws of the state where they live.  Laws governing medical malpractice are significantly different from those regulating nursing homes.

Some of the more common types of medical malpractice cases involving nursing home residents include:

  • Doctor errors
  • Medication errors
  • Missed diagnosis
  • Delayed diagnosis
  • Hospital mistakes
  • Dental injuries
  • Surgical errors
  • Anesthesia errors
  • Medical device errors
  • Dialysis errors
  • Misread x-ray, slides, and blood tests
  • Adverse drug reactions
  • Improperly prescribed, dispensed or filled medication

All nursing home residents who sustain injuries as a result of improper care should be aware they may be entitled to bring a separate cause of action for medical malpractice as well.  It is advised to consult with attorneys who handle both medical malpractice and nursing home abuse to determine their rights.

Related:

Nursing Home Injury Laws