Stoughton / Canton Area Personal Injury Lawyer - Medical Malpractice

Fewer Malpractice Payouts Linked To Electronic Health Records

Chrissie Cole — Wed, 04 Feb 2009 11:55:00 GMT

A new report, in the Archives of Internal Medicine, suggests electronic health records (EHRs) reduce the amount of malpractice payouts.

Researchers found that of the doctors who used EHRs, 6.1 percent had a history of malpractice settlement history compared with 10.8 percent of doctors still relying on paper.

For the study, researchers surveyed participating doctors and examined settlement data from the Massachusetts state medical board. 379 of the 1,140 respondents had a history of one or more malpractice payouts during the preceding ten years.

Consistency of EHR use also had an inverse relationship with malpractice settlements: 5.7% of those physicians who used their systems most had payouts compared with 12.1% of the doctors who used their systems least. However, in analyses that controlled for sex, race, year of medical school graduation, specialty, and practice size, the relationship was no longer statistically significant.

While the results are inconclusive, doctors with EHRs appear less likely to have paid malpractice claims, conclude the study authors.

If the further research confirms the findings, it could result in lower premiums for doctors who use EHRS and in government subsidies to help finance HER adoption.

Originally posted at InjuryBoard by Chrissie Cole

Physician Apologies

Bruce Bierhans — Sun, 30 Nov 2008 11:12:48 GMT

The Cape Cod Times recently published an editorial supporting an evidentiary change making physician aplogies inadmissable at trial. The following is a copy of my letter to the Editor, published a few days later.

"Your Nov.22 editorial "When doctors fail" reflects a basic lack of understanding regarding our civil justice system and the rights of victims to be compensated for acts of negligence.

To support your position for an evidentiary change making physician apologies inadmissable at trial, you resort to utilizing figures provided by a physicians "tort reform" (substitute the words "deprive patients of their rights") organization. You ignore the many studies conducted by other organizations such as Public Citizen that indicate that malpractice premiums have risen because of poor financial investments made by liability insurers, not by runaway verdicts.

Our system is based upon the principle of accountability. A professional, whether attorney, physician, accountant or architect, should be held accountable to those who have sustained physical injury or economoc loss. "I'm sorry" is not an adequate response to a family that has lost a family member or a worker who can no longer work for a lifetime as the result of an act of carelessness.

If one adopts the theory espoused in your editorial perhaps we should also let the villians who created the subprime crisis and the resulting economic mess off after a simple "I'm sorry." I don't think so.

Originally posted at InjuryBoard by Bruce Bierhans

To Train our Future Doctors, the Only Cost is Patient Care

Carrie Strasser — Wed, 05 Nov 2008 15:17:39 GMT

I have a friend in medical school in Philadelphia. She is currently in her third year and just beginning her clinical training and treatment of real patients. While her first two years of class work were immensely difficult academically, the next two to four to however many more years of school, internships, and residencies, she has will be more intense physically and emotionally.

Medical school and the subsequent internships and residency programs are widely regarded as the most difficult training period for any profession. Dr. Pauline Chen recently wrote a piece in the New York Times discussing the rigors and stress of her four years of medical school. She cites three studies by Dr. Liselotte Dyrbye from the Mayo Clinic concerning medical student burnout, suicidal thoughts by medical students and degree of empathy towards patients.

In a third study, Dr. Dyrbye found that when tested for empathy, medical students at baseline generally scored higher than their nonmedical peers. But, as medical students experienced more burnout, there was a corresponding drop in the level of empathy toward patients.

Dr. Chen explained that she became a doctor, as many do, in order to help those in need. But when students are bombarded by lectures, exams, and clinical training, that original goal takes a backseat to surviving the semester and retaining their sanity.

In 2003, the Accreditation Council on Graduate Medical Education (ACGME), tried to fix the system, not in medical school, but during internships and residencies, by reducing work hours for residency training programs across the country. This movement was partly spurred by the wrongful death litigation brought by Libby Zion's father in New York.

While reduction in residency hours is certainly a step in the right direction to ensure the highest standards of patient care, Dr. Chen and her former classmates feel that changes have to be made during the four years of medical school. Burnout is a serious problem among medical students. While doctors should be held to the very highest standards of knowledge, excellence and experience, there has to be a balance reached in order to preserve the humanity of our future doctors. If not, the true victims of medical school burnout won't be the doctors, but the patients who those doctors sacrificed their sanity to help.

Originally posted at InjuryBoard by Carrie Strasser

Patients' First Advocates are Themselves

Carrie Strasser — Thu, 02 Oct 2008 14:09:02 GMT

A Pew Report released last month stated that at least three-quarters of Internet users search online for health information.

And 75 percent of online patients with a chronic problem told the researchers that "their last health search affected a decision about how to treat an illness or condition," according to a Pew Report released last month, "The Engaged E-Patient Population."

An article published Monday by the New York Times explained the advantages of such online health research. It stated that this new wave of researchers are not just learning from websites but are learning from the experiences of others as well. This expanding connection between patients everywhere has led to more opportunities for those afflicted with specific or unique ailments to connect to those people in similar situations. People are even using short-message communications services, like Twitter, to keep family and friends aprised of their condition throughout treatment and recovery.

The article also noted that health information obtained online has become increasingly more accurate. A recent report examined 343 web pages about breast cancer and found an error rate of only 5.2%.

The patient-to-patient connections online, as well as the purely informational websites, have allowed people to take proactive steps in their treatment and recovery. Often times, once a lawyer becomes involved, the damage is done. The battle over what should have been done and what questions should have been asked turns into a battle over how best to compensate patients for their injuries and suffering. By taking an active role in their healthcare, patients can be their first line of defense against potential medical malpractice.

This does not include just online research, but also questioning, perhaps to the point of pestering your doctors. My father was treated for esophageal cancer when I was in high school. I give full credit to his doctors for his complete recovery after a very serious and complicated surgery and am thankful everyday for their hard work and dedication. But I also know that my mother was there at every step of his treatment and recovery ensuring that my father's questions were answered and his concerns were addressed.

Actor Evan Handler, from the series "Sex and the City" and "Californication," has been a patient advocate since his battle with leukemia in the 1980s. He has written two books on the subject explaining that many times being a "bad patient" allowed him to avoid health care disasters.

All doctors make recommendations and suggestions that are in their patients' best interests, but they are not infallible. Be your own advocate and research your situation, talk to others afflicted and question your doctors. I know not everyone has such a strong support system like my father did in my mother, but if you take the time and effort to learn about your situation whether through interaction with other patients online or through reference materials, you are already a giant step ahead. Also, if you do not feel that your doctor is respecting your choices or listening to your concerns, do not hesitate to switch. Here is some information about researching and finding the right doctor for you. There are many qualified health care professionals out there who will take the time and effort to address your needs.

Originally posted at InjuryBoard by Carrie Strasser

Physicians and Conflicts of Interest

Bruce Bierhans — Thu, 25 Sep 2008 14:50:19 GMT

In todays Wall Street Journal, it was reported that a lawsuit has been brought by a former Medtronics attorney that alleges that the company(a medical device maker), provided surgeons with incentives to use its' products. These "incentives" included entertainment at a Memphis strip club, trips to Alaska and other royalties. The allegations, apparently, involve the use of spinal repair implants.

Would you like to know if your ortho placed a steel or titanium implant in your back because he got the opportunity to stick a $5 bill in a strippers G string in Mempfis, or watch a polar bear float on an iceberg in Alaska???

Unfortunately, the news is filled with these types of stories lately. Google DePuy or Zimmer or Biomet and see what you find. Of course, "incentive" payments to physicians from pharmaceutical companies has been a hot button issue for some time. At the moment, congress is conducting investigations into incentives and kickbacks involving physicians , pharma companies and medical device makers. Fortunately, a number of physicians organizations have condemned the practice and encourage their members to forego such incentives.

What does this mean for you, the patient. Of course, if you have any question whatsoever about whether or not a drug or medical device is appropriate for you; you must be your own advocate and ask questions. Is the device FDA approved for the specific use? Does the doctor or his or her hospital receive any payment, incentive or royalty for using the device? Only if you ask these questions can you make an informed decision as to whether or not your doc is acting in a completely unbiased and objective manner as regards your care and treatment. No one wants to ask their physicians these questions, but consider the risks associated with not doing so. If you hesitate in asking the question...just think about the Memphis strip club and the polar bear!

Originally posted at InjuryBoard by Bruce Bierhans

Know Your Chiropractors Technique

Bruce Bierhans — Sat, 16 Aug 2008 17:46:09 GMT

Our office has seen a number of recent cases involving serious injuries received as the result of chiropractic treatment. These involve stroke, paralysis of a lung and acute disc herniation.

Let me first say that I am a believer in chiropractic treatment. I use it myself and have many clients that have great success with responsible chiropractic care. But...(isn't there always a but), some chiropractors use different techniques and some are more dangerous than others.

The injuries we have seen all result from the technique using "rotational force". Most people would know this from the cervical maneuver where the chiropractor twisted and "cracked my neck." This maneuver, if not done properly, can damage or dissect (tear) both arteries and nerves in the neck.

My chiropractor, and many others today, use a more passive approach where joints are manipulated in a passive, and safer, fashion. The risk of injury is substantially diminished.

Know as much as you can about your chiropractor. Professional qualifications, years of experience, technique used, etc. Ask questions. What is being done and why? What are the risks. You are your own best and first line of defense.

Originally posted at InjuryBoard by Bruce Bierhans

Mass SJC Allows "Loss of Chance" Recovery

Bruce Bierhans — Fri, 01 Aug 2008 15:24:31 GMT

In a spectacular decision this week affirming victims rights, the Massachusetts Supreme Judicial Court ruled that damages are recoverable where a physicians negligence reduced the decedents chance of survival from a better than even chance to less than even.

Until this decision, it has been unsettled in Massachusetts whether or not a patient could recover where the negligence of the physician contributed to a loss of life expectancy that was less than 50%. For example, if a failure to diagnose breast cancer resulted in a decreased chance of survival of 20% (i.e from 60%-40%), it was argued that there should be no recovery. The decision in the Matsuyama case confirms that a loss of chance of less that 50% is still meaningful to the individual confronted with that loss of chance and that compensation should be awarded.

For those of us that try cancer misdiagnosis cases, this decision was long awaited. The court wrote that "Where a physicians negligence reduces or eliminates the patients prospects for achieving a more favorable outcome, the physician has harmed the patient and is liable for damages."

Originally posted at InjuryBoard by Bruce Bierhans

Orange County Toddler Malpractice Trial to Begin

Chrissie Cole — Tue, 29 Apr 2008 14:02:00 GMT

The medical malpractice suit filed by the family of an Orange County girl revived after doctors allegedly declared her dead in 200 is slated to begin on Monday.

The girl was 20 months old when she fell into a swimming pool at her family’s home on November 7, 2003. The suit claims the girl, now 6, suffered permanent brain damage after doctors at Anaheim Memorial Medical Center wrongly pronounced her dead.

Over an hour after disconnecting her from her breathing tube, a police detective doing a routine investigation discovered her chest was moving and he summoned doctors who were able to revive her. She was later transferred to Children’s Hospital of Orange County.

The lawsuit, filed in Orange County Superior Court names Anaheim Memorial and Dr. Richard Oxman. Calls to both the doctor and hospital officials were not returned.

The lawsuit is seeking punitive damages. The girl's mother said she hopes a judge and jury will award enough money to help take care of her daughter.

"If she needs a piece of equipment, she shouldn't have to worry about how to get it or how she is going to get it," she said. "These things are not covered by insurance. We're not able to have it."

Originally posted at InjuryBoard by Chrissie Cole

Medical Negligence/Who are the Victims

Bruce Bierhans — Sat, 12 Apr 2008 13:20:54 GMT

This past week, I attended an Injury Board conference. I enjoyed meeting member lawyers from other parts of the country. One of the persitent laments during the week was the increasing difficulty in bringing legitimate medical negligence cases on behalf of injured victims as the result of restrictive caps on damages and other legislative intiatives masquerading as "tort reform".

What we must do to educate the public is make them aware that "reform" means nothing more than deprivation of rights, the rights of the victim. There is nothing more painful to a plaintiffs attorney than telling a client that has suffered an injury as the result of medical negligence that they don't have a case because the economics of this area of practice don't allow it to be viable. When we explain to the client the law in the jurisdiction, the economics of the case, the costs involved in bringing the case, and why it all doesn't add it, the inevitable response from the client is "how did this happen."

It happened because insurers successfully convinced legislators that the losses they suffered were the fault of "the lawyers" and the "greedy victims" . The investment losses they suffered as the result of the stock market, bad derivative investments or other administrative foibles were blamed on the bad "trial lawyers" and their clients.

Unfortunately, there is another set of victims...and they are the responsible physicians. The insurers and the HMOs have so perverted our health care system that the vast majority of physicians that are not responsible for most of the negligence that occurs in this country work ridiculous hours and provide less than optimal care because they must bow at the altar of the insurance companies and HMO admistrators. People that are not physicians make health care decisions that must be adhered to by doctors. Insurance companies have brewed a sour concoction of a system that serves neither patients or doctors.

Rather than being legitimately "reformed", the system has become a nightmare. There are multiple victims, including the injured patient that has no judicial recourse. The "tort reformers" can blame the trial lawyers all they want, but their attention ought to be focused on the cooks that made the brew.

Originally posted at InjuryBoard by Bruce Bierhans

Nursing Home Falls

Bruce Bierhans — Thu, 27 Mar 2008 15:58:40 GMT

Why should anyone fall seven times in a nursing home??

Seems like a reasonable question...one asked by a client of ours when his mother died after seven falls from her wheelchair. Unfortunately, the decedent had never been evaluated as a fall risk, nor had the client been consulted about a possible safety restraint, known as a "lap buddy" that could have prevented the death.

When you admit a family member to a facility, make sure you are proactive and that you ask questions. If the family member has fallen in the past (as this poor woman had) or if it is an issue you are concerned about...address it. How will your family member be monitored, who will be the caregivers, are any safety restraints necessary, how fast will medical care be provided if a fall occurs??

Nursing homes are valuable facilities that provide needed care. However, horror stories occur there as well. If you have a question about a nursing home that calls for an answer, we can help.

Originally posted at InjuryBoard by Bruce Bierhans