Houston Personal Injury Lawyer - Medical Malpractice

Medical Errors Claim 200,000 Lives Each Year

Scott Kappes — Tue, 11 Aug 2009 15:03:15 GMT

Experts estimate that 98,000 people die each year from preventable medical mistakes and an additional 99,000 patients die each year from hospital acquired infections. A highly publicized report published a decade ago brought this astounding number to light and challenged healthcare professionals to cut the number in half in the coming years. Now, ten years later, analysts believe the number of medical errors is actually increasing.

Consequently, over that period, as many as 2 million Americans have died needlessly of preventable medical mistakes.

While these numbers are not definitive it is the general consensus among experts that the number of preventable deaths attributable to medical errors approached 200,000 per year in the United States.

A 1999 report entitled “To Err is Human,” addressed the situation and made key recommendations that if employed could reduce the number of medical errors and potentially save thousands of lives each and every year, but very little progress has been made in the way of universal adoption of these recommendations.

Among other suggestions the report called for states to require mandatory medical error reporting. So far only 20 states and the District of Columbia have adopted this policy, but even more concerning is evidence that suggests states with mandatory reporting systems only report a very small percentage of errors.

While there has been some progress made in the way of addressing the issue, these small success stories are vastly over-shadowed by the enormous death toll that can be linked to preventable medical errors.

As we approach a cross-roads that will have a drastic impact on the future of healthcare in this country, we must address this and other underlying issues of the healthcare system.

For additional information and personal accounts of those who have been lost loved ones due to preventable medical errors visit the Dead by Mistake website.

Originally posted at InjuryBoard by Scott Kappes

Autopsy Confirms Cheerleader’s Suspected Cause of Death

Scott Kappes — Thu, 12 Jun 2008 11:53:48 GMT

It has been over two months since the nation heard the story about a high school senior who died shortly after experiencing complications during a routine breast augmentation surgery. Now the autopsy has confirmed that the teen, Stephanie Kubela, did in fact die as a result of a rare genetic disease that can be triggered by certain anesthesia. Malignant hyperthermia is a hidden hereditary condition that can lay dormant for decades, but if set off can speed up the body’s metabolism and heart rate, caused rigidity of muscles and drastically increase body temperature resulting in death. Most patients survive an episode when treated for the condition during surgery; however, this was not the case for West Boca Raton Senior.

The Kubela’s attorney, Roberto Stanzaile, says that the autopsy results will have no bearing on whether or not a lawsuit will be filed against Dr. Steven Schuester, who preformed Stephanie’s breast surgery. He says the decision on to pursue a lawsuit or not will likely be made by next week. The teen’s parents have contended that Schuster’s office was ill-prepared to treat the condition.

Schuster, the plastic surgeon, and Dr. Peter Warheit, the anesthesiologist, called 911 and gave Kuleba the antidote drug dantrolene. They also called the Malignant Hyperthermia Association hotline and consulted an expert at the Mayo Clinic in Minnesota.

The news of Kubela’s death spread quickly across the nation casting a spotlight on the rare genetic condition. The mass media coverage of the incident has increased public awareness about the dangers that may be associated with anesthesia and has brought the condition back into the forefront of physicians’ minds as well.

Malignant hyperthermia occurs in about one of every 20-100 thousand patients who undergo anesthesia. With no simple test to diagnose the condition doctors must rely on family history and consultation questions.

Over the past two months the Kubela family has seen prom, graduation, and Mother’s Day come and go as constant reminders of their loss. My thoughts and prayers go out to them as they struggle through these difficult times.

Originally posted at InjuryBoard by Scott Kappes

Investigation of Endoscopy Clinics Turns Up 77 Cases of Hepatitis

Scott Kappes — Fri, 09 May 2008 12:18:02 GMT

Yesterday Nevada health officials released the findings of a probe investigating the patients treated at Las Vegas clinics that allegedly reused single use medication vials and syringes. This is one of the largest hepatitis outbreaks the nation has ever seen. Seven cases linked to the clinics had previously been identified by authorities, but the 77 new cases discovered by the probe have shocked authorities. “This is a very large outbreak and a very serious illness,” said Brian Labus, the senior epidemiologist for the Southern Nevada Health District.

The out break began in February, and since that time gained the attention of the national media, federal health authorities and even the FBI. Over 40,000 individuals were notified of about the outbreak and urged to be tested for hepatitis and HIV. About 50,000 blood test have been preformed on possible victims and those in close contact to them, but officials say that as many as 10,000 patients were unable to be located and therefore most likely have not been tested.

Since the first cases were identified, the Endoscopy Center of Southern Nevada has been closed and fined $500,000. Two doctors, including the center’s owner, Depak Desai, have been required to stop practicing.

Health authorities had not inspected the clinics in question since 2001, although state policy requires inspection every three years. The licensing agency cited insufficient funding as the reason for the delay.

This type of blatant disregard for policy and standard hygiene practices is unacceptable. The owners of the these clinics ordered their staff reuse single use products in an effort to maximize profits and in turn placed innocent lives at risk. Hundreds of former patients have joined a class action lawsuit against the clinics and their owners.

Originally posted at InjuryBoard by Scott Kappes

Hepatitis Scare Prompts State Wide Inspection

Scott Kappes — Mon, 10 Mar 2008 13:54:28 GMT

Over the weekend the Las Vegas Sun reported that a local clinic might have exposed up to 40,000 patients to a risk of hepatitis and HIV. The Endoscopy Center of Southern Nevada should have been inspected by state health organizations every three years, but had not been inspected over seven years. In order to lower costs that clinic allegedly reused syringes and vials and skimped on virtually every hygienic practice. The clinic has since been closed and the owner, Dr. Dipak Desai, may soon be facing criminal charges.

The clinic specialized in colonoscopies that were allegedly preformed in an assembly line style. Patients were hurried through the process in only a few minutes and would often be out the door in less than 15 minutes after the procedure began. Former employees claim that Dr. Desai was more concerned with quantity than quality, saying that, "he was the fastest endoscopist in town." Investigators have discovered that at least two patients had their colons perforated during one of Desai's speedy procedure.

Reports claim that the clinic cut corners in nearly every way they possibly could. A Nevada State Senator Joe Heck wrote a letter to Governor Jim Gibbons expressing his disgust with the alleged practices of the clinic. Heck who is currently practicing in Iraq as part of the U.S. Army Reserves said these practices would not be acceptable in a war zone or even under Third World conditions.

Dr. Desai declined to be interviewed but took an ad out in the local paper claiming that he did nothing wrong.

Originally posted at InjuryBoard by Scott Kappes

Women Encouraged to Take Folic Acid by CDC

Scott Kappes — Fri, 11 Jan 2008 16:21:21 GMT

The U.S. Centers for Disease Control and Prevention is encouraging women to make sure they take in 400 micrograms of folic acid each day. This week is National Folic Acid Awareness Week and the CDC has taken this opportunity to make more women aware of the benefits of folic acid. Folic acid is a B vitamin the has been shown to prevent birth defects. The National Council on Folic Acid estimates that up to 70 percent of birth defects could be prevented if women of childbearing age would have adequate amounts of folic acid before and during pregnancy.

By protecting neurons important for learning and memory, folic acid may also help to prevent Alzheimer's, and new research suggests its deficiency may make people more susceptible to Parkinson's said the Council.

The Center has also suggested that folic acid may decrease the occurance of cardiovascular disease and cancers of the colon, cervix, and breast.

The CDC recommends taking daily multi-vitamins which contain folic acid or an individual folic acid supplement. Making folic acid intake part of you daily routine could be one the easiest and most beneficial things that a woman can do for her health.

For more information on this subject, please refer to our section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Scott Kappes

New York Doctor Reused Needles

Scott Kappes — Mon, 19 Nov 2007 14:40:55 GMT

Last week the New York state health officials informed over 600 patients of Dr. Harvey Finkelstein, anesthesiologist, after learning that the doctor may have put his patients at risk by reusing syringes. They began investigating Finkelstein back in 2005 after two of his patients contracted hepatitis C. In 2005 officials notified 98 epidural recipients of possible infection after the two cases were reported. No additional cases resulted from those tested. The New York Health Commissioner has identified 628 patients that could have been possibly infected from Jan. of 2001 and Jan. 2005.

Finkelstein claims that he did use a different needle for every patient, but sometimes used the same needle to give additional shots to the same person. This created a cross contamination risk between multidose bottles. Finkelstein reportedly stopped reusing needles when the health officials took not of it.

This warning to Finkelstein's patients has been almost three years coming now and many are outraged that the government took such a lengthy amount of time to notify persons that could have contracted such life threatening diseases as HIV and hepatitis. A New York Times editorial offered harsh criticism of the situation and the way it was handled by health officials.

It "seems inexcusable" that it took the state almost three years to notify people under Finkelstein's care that they should be tested for HIV and hepatitis, the editorial says, adding that it will be necessary to determine if the state's investigatory and disciplinary process is "tilted too much toward protecting doctors rather than any patients who may have been harmed." Plans by state officials to eliminate multidose vials "would provide the surest protection against such contamination and not leave patients at the mercy of a doctor's ignorance or carelessness," the editorial concludes (New York Times, 11/17).

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Scott Kappes

Pregant Women Should Cease Use of Paxil and Other SSRIs

John Ghezzi — Wed, 11 Oct 2006 17:32:11 GMT

Recent studies are showing that use of Paxil and other SSRIs (selective serotonin-reuptake inhibitors) during any part of a woman's pregnancy may cause severe health risks to the unborn child. In late 2005, the FDA issued a public health advisory warning consumers that exposure to paroxetine (Paxil) during the first trimester of pregnancy may increase the risk for congenital malformations, particularly cardiac defects.

In February 2006, the New England Journal of Medicine published an original article reporting the results of a case control study to assess whether there was an association between PPHN, persistent pulmonary hypertension of the newborn, and exposure to SSRIs during late pregnancy. The authors concluded that the data supported an association between maternal use of SSRIs such as Paxil after the 20th week of gestation and development of PPHN in the newborn. The study also showed that neither use of SSRIs before the 20th week of gestation nor use of non-SSRI antidepressant drugs at any time during pregnancy was associated with an increased risk of PPHN.

Paxil and other SSRIs are widely used (apparently with great benefit) to treat depression. However, based on the studies showing connections between Paxil and adolescent suicide and the recent link between maternal use during pregnancy and catastrophic results to their infants, all pregnant women who are taking Paxil or other SSRIs for depression should immediately consult their physician to see whether they can be treated with a non-SSRI antidepressant. Pregnant women who took Paxil during their pregnancies and delivered children with cardiac malformations or PPHN should immediately consult an experienced products liability attorney.

Originally posted at InjuryBoard by John Ghezzi

Negligence in the Emergency Room?

Lindsay Bauer — Fri, 15 Sep 2006 15:55:27 GMT

I read an article in today's paper that disappointed me but did not surprise me. If you have ever had to visit the emergency room, you might feel the same way. The article appeared in the Houston Chronicle and centered around a woman in Waukegan, IL who at age 49 was exhibiting the classic signs of having a heart attack.

She went to the emergency room and upon evaluation, her case was decided to be "semi-emergent." When she was finally called in to see a doctor, two hours later, she was found dead in her waiting room chair.

I thought this article begged the question, "what level of care is to be expected in an emergency room, and when does quality of care cross into a duty to provide care?" In this particular case, the woman's death was ruled a homicide and may result in criminal charges. I have to think that it will only be a matter of time before a civil case is filed, as well. Be it wrongful death or negligence, the emergency room certainly seems liable. This will be an interesting story to follow, and I know I will be keeping up with it. I will keep you posted.

Originally posted at InjuryBoard by Lindsay Bauer

Birth Injury Paralysis Leads To Lawsuit

Staff Writer — Thu, 07 Sep 2006 11:33:57 GMT

DC InjuryBoard blogger Kevin Goldberg brings my attention to the story of a young girl who suffered a birth injury when her arm was paralysed during delivery. The girl, now 8, had a condition known as shoulder dystocia which prevents an easy delivery.

Her parents filed a malpractice lawsuit against the doctor but didn't want any of the $1.1 million award. They wanted all money to be paid to their daughter.

Originally posted at InjuryBoard by Staff Writer

Dentists' Actions Can Be Medical Malpractice

Staff Writer — Thu, 07 Sep 2006 09:13:37 GMT

People often wonder if dentists can be held to the same standards of care as other doctors when it comes to medical malpractice. Fellow InjuryBoard blogger Jack Landskroner reminds us that, yes, dental malpractice can indeed be medical malpractice:

Teeth and other areas of the mouth are frequently injured during dental procedures. While there are risks associated with most medical and dental procedures, many times the harm caused goes beyond the mere risk and rises to malpractice.

Originally posted at InjuryBoard by Staff Writer