Articles Posted in Medical Malpractice

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https://blog.caesarnapoli.com/files/2017/09/Screen-Shot-2017-09-26-at-7.20.54-AM-300x198.pngA new study conducted by researchers at Boston Medical Center has found that one in 12 doctors has received money or other compensation from drug companies that market prescription opioid medications. Researchers discovered that, between 2013 and 2015, these companies made more than $46 million in payments to over 68,000 doctors.

The researchers combed databases from the Centers for Medicare and Medicaid Services for details about the payments. This information is available thanks to the Physician Payments Sunshine Act, which is included in the Affordable Care Act and mandates that medical product makers report payments or offerings of value made to doctors and teaching hospitals.

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New-York-State-Supreme-Court-300x192It is widely believed that state courts are drowning in lawsuits. Many corporate lobbyists would have you believe that tort lawsuits are on the rise, when in fact the opposite is true: tort lawsuits have declined sharply in recent years.

In 2015, less than two people out of 1,000 filed tort lawsuits, and tort cases accounted for just four percent of civil filings in state courts. Compare this to 1993, when roughly 10 people per 1,000 filed tort lawsuits and tort cases made up 16 percent of those filed. This downward trend has raised some concern among judges. If victims are no longer filing tort lawsuits, perhaps they no longer see the courts as a legitimate avenue for finding justice in civil cases.

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0515-Jeb-Columba-300x200Susan Kalitan was undergoing carpal tunnel surgery in a Florida hospital when the anesthesia tube administered by her doctor punctured her esophagus. Susan awoke after the surgery and immediately told her doctors that she was experiencing severe pain in her back and chest, but they dismissed her complaints. The doctors gave Susan pain medication and sent her home.

The following day, a neighbor found Susan unconscious in her home. Susan was rushed to a nearby hospital, where she underwent emergency surgery and was put in a medically induced coma for several weeks. The treatment saved Susan’s life, but to this day she experiences significant pain and struggles to live a normal life.

Susan filed a lawsuit against the North Broward Hospital District and other liable parties in 2008. She was awarded $4 million in non-economic damages. However, when it came time for Susan to receive her compensation, it was reduced to a fraction of the original number.

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MCI-Doctors-Office-Medical-Ops-1-300x200New bills spearheaded by the GOP could make it harder for victims of medical negligence and medical malpractice to secure fair compensation for their injuries. As part of the House Republicans’ efforts to replace President Obama’s Affordable Care Act, these bills would place new limits on lawsuits that involve doctors, hospitals, and nursing homes, and would likely be most harmful to low-income and elderly victims.

White House press secretary Sean Spicer claims the bills will lessen “frivolous lawsuits that unnecessarily drive up health care costs.” This idea–that health care would be affordable if only the government could curb all of the “frivolous” lawsuits attacking good doctors hospitals–is not only false, it is also dangerous. GOP Republicans have made countless attempts to limit the rights of medical negligence victims, but have failed consistently because the rights of victims to seek justice in the court system is guaranteed in the US Constitution.
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Emergency-Room-300x169All of us depend on doctors and hospital workers for treatment when we are sick or injured. Many times they are successful, saving our lives or the lives of our loved ones. But hospitals are far from infallible. 195,000 people die each year in American hospitals due to potentially preventable medical errors. The following guide will give you the information you need to avoid being one of those statistics.

Before you Get to the Hospital:
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2AEE385400000578-3178432-Dame_Sally_has_called_before_for_the_development_of_new_antibiot-a-20_1438165403058-300x231If you only read Sharley McMullen’s death certificate, you would think she passed away as the result of respiratory failure and septic shock. The truth is much more alarming.

McMullen, a healthy 72-year old woman from California, was finishing up treatment for a benign stomach ulcer when she contracted an infectious bacterial disease in the hospital where she was being treated. Five weeks later, she was dead. In a morbid twist of fate, the hospital that was supposed to heal her caused her death.
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Nursing-home-resident-1-300x196Millions of nursing home residents have signed away their right to sue their nursing home, regardless of whether they were sexually assaulted, physically abused or suffered serious injuries as a result of their care. The worst part is: these residents may not even know it. Forced arbitration clauses, which are often hidden in nursing home contracts that families sign, effectively force patients to renounce their ability to go to court, forcing them into binding private arbitration.

Fortunately, thanks to the intervention of the U.S. Department of Health and Human Services (HHS), nursing homes have been barred from inserting forced arbitration clauses as of November 28, 2016. This has significant ramifications that you need to know about.
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Surgery-300x200Bringing suit for compensation against a doctor who, through his or her own negligence, caused you or a loved one injury is a fundamental right guaranteed to all citizens. Unfortunately, this right has been under attack for years.

As a result, the road to recovery for patients in medical negligence cases is far more difficult and expensive than it once was. Well-documented barriers, such as the high costs of trying a medical malpractice case (injured victims must hire a medical expert before filing suit) and reduced attorney fees on recovery have effectively barred lesser but legitimate injury claims from ever seeing the inside of a courtroom. In addition, hiring a medical expert to testify is not always easy because physicians who testify against other physicians risk being shunned in their profession going forward.

Sadly, we now write about a new barrier to injured victims.
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AmyM-300x261Earlier this year, we covered an analysis published by the BMJ that identified preventable medical errors as the 3rd leading cause of death in the U.S.

Recently, a study funded by the U.S. Department of Health and Human Services found that nearly one third of patients admitted to rehab centers experience illness or injuries as a result of their medical care.

Dr. David Classen, an infectious disease specialist at the University of Utah School of Medicine who played a key role in the study, stresses the importance of taking immediate steps to curb medical errors. “If the first rule of health care is ‘Do no harm,’ then we’re failing,” Dr. Classen said.
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Dr. David H. Newman, accused of groping emergency room patients.

Dr. David H. Newman, accused of
groping emergency room patients.

Dr. David H. Newman, accused of groping emergency room patients.[/caption]In a speech to medical students at the University of Virginia, former clinical research head at Mount Sinai Hospital and ethics lecturer Dr. David Newman said, “[Patients] believe in us. They have faith in us, it’s almost religious. We need to use that privilege in a way that will better their care.”

In March, Dr. Newman was accused of sexually abusing four of his patients, one of whom claims the doctor ejaculated on her while she was sedated. He now faces up to 7 years in prison.

Dr. David Mata was named Oregon Family Doctor of the Year in 1995. He has since been accused of 140 counts of sexual abuse, 6 of which he has pleaded guilty to. Dr. Mata was charged with 5 years probation, which he served at home. He is now eligible to reapply for his medical license.
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