Medical Staff And Family Of Baby With Brain Injury Settle Claim For More Than $1.0 Million

A fetus requires a continuous supply of blood in order to receive the necessary nutrients and oxygen. When a pregnant woman has significant vaginal bleeding in the late stages of her pregnancy there is a danger that it is due to a placental abruption, a condition whereby the placenta separates prematurely from the woman's uterus, which results in the tearing of blood vessels in the area and the deprivation of necessary oxygen to the fetus.

As such, medical professionals need to properly determine the cause of the bleeding and its impact on the fetus. When the bleeding is also accompanied by an abnormal fetal heart rate it may be necessary to perform an emergency C-section. If this does not happen the baby may suffer severe lifelong disabilities or possibly even die. Consider, for example, the following reported case.

In the 39th week of pregnancy an expected mother felt a stream of colorless fluid leave her went to the hospital. Once at the hospital the staff examined her and placed a fetal heart rate monitor on her. Approximately 7 1/2 hours after her admission she experienced a burst of blood from her vagina. In fact, the doctor in charge of her care observed that the blood was colored bright red. When checking the fetal heart rate monitor the doctor found that it was not reactive but rather than switch to an internal monitor to more accurately determine the heart rate of the fetus the doctor instead decided simply to keep observing her progress. An ultrasound failed to reveal the cause of the bleeding. And rather than appreciate the significance of the bleeding as a sign of a placental abruption, the doctor concluded that it was simply a sign of advancing labor.

Within 45 minutes the staff observed decelerations in the heart rate of the fetus. After another 10 minutes the monitor strips were suspicious for worsening fetal distress. Rather then checking the pH of the fetus's scalp in order to better determine the condition of the fetus or simply perform an emergency C-section the doctor and staff again continued the period of observation. After yet another 10 minutes a nurse observed a fetal heart rate deceleration down to 50. It was only at this point that they attempted their first intervention by repositioning the mother and commencing oxygen. The expectant mother then experienced another wave of bleeding and the fetal heart rate monitor showed continuing decelerations. Even with these ominous signs the nurse took yet another five minutes before calling the doctor. Despite the presence of these issues no additional measures were taken at this point.

Twenty additional minutes went by and now another wave of bleeding occurred. The fetal heart rate monitor by then was indicating average to minimal variability. Within a half-hour, despite the presence of the bleeding, the woman was placed on an epidural. After approximately 40 more minutes the first doctor was replaced by another. And still no measures were taken even though the fetal heart rate continued to include decelerations with a late component and the woman continued to bleed. The baby was finally delivered vaginally just over two hours later.

At birth the baby had difficulty breathing and showed little to moderate response. The cord's blood pH registered as acidic. In addition, the amniotic fluid contained meconium. These are all signs that the baby had been in distress. A pediatric specialist was consulted and after finding that the baby had suffered from oxygen deprivation the baby was intubated. Indeed, the delay in delivering the baby led to a prolonged period of oxygen deprivation which in turn caused severe neurological injuries. At five years of age the baby had a significant disability. He was unable to crawl or even to sit without assistance. He was legally blind. He suffered kidney damage and required a transplant. And he showed cognitive delays.

The parents brought a lawsuit on behalf of the baby naming the two doctors and the nurses as defendants. The law firm that represented the family was able to report that they achieve a settlement in the sum of $1.2 million on behalf of the family.

As this case shows a child can suffer devastating permanent injuries if a placental abruption occurs while the mother is in labor and the doctors and nurses in charge of her care do not take immediate action. Although in this case the staff performed an ultrasound which did not reveal the presence of the placental abruption, no effort was made to determine the source of the bleeding and the worrisome changes in the fetal heart rate. It is almost as though once the initial signs were discounted the medical staff was locked into a single perspective from which all subsequent developments were interpreted. As a result everything that happened was viewed as being part of a normal labor process. In a medical situation becoming fixed on a particular interpretation can, as in the case examined above, lead to a tragic outcome.

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How Obama's Healthcare Reform Bill Encourages Tort Reform

On December 24, 2009, in a straight party-line vote, the Senate passed amended House of Representatives bill HR 3590 entitled "The Patient Protection and Affordable Care Act" but commonly known as the Obama Administration health care reform bill. While the Senate must still iron out any differences with the original House of Representatives bill in committee, there is a substantial likelihood that some form of reform will be passed. This achievement has been heralded by consumer advocates across the country.

However, it would be wise for the pundits and supporters to exercise caution should the bill pass. Many concerns have been voiced amongst opponents including that the bill may actually raise costs, diminish medical advancements and research, and create a stratified health care system between those receiving the government paid care and those who can afford to pay cash for desired medical treatment. Yet, one of the most probable results and consequences of the reform bill has not been discussed: the inevitable implementation of nationwide medical malpractice tort reform.

Tort reform has been raised by opponents as a necessary element of reform. Their argument, which has existed for decades to support damage caps and limits of liability for doctors, is that medical treatment is expensive in large part to lawsuits brought by patients against their doctors and health care providers because of alleged medical negligence. These lawsuits have forced medical malpractice insurance companies to raise insurance premiums for doctors across the board, particularly in risky fields such as obstetrics and cardiology. In turn, the high health insurance premiums are passed along to the patient in the form of higher prices and health insurance costs. Their position, in sum, is that any discussion of health care reform designed to reduce medical costs must include implementation of limits on civil damage and liability for doctors.

Prior to the health care reform bill there was some validity to this theory. If one assumes that health care is a valuable public resource or right and the government has an interest in managing the cost and accessibility of health care for the public, then medical malpractice tort reform may very well be allowed a special exception in general tort law that would bar or limit monetary compensation for injured patients in some cases.

Without further addressing the validity of this argument--much of which is demonstrably false through readily available facts such as medical malpractice insurance company profits derived solely by the high premiums charged to doctors compared to claims paid to injured patients--the argument for medical malpractice tort reform will only be strengthened with the passage of the reform bill. In fact, national medical malpractice tort reform is all but guaranteed as the government's interest in managing health care costs moves from theoretical to real.

We know very little about the health care reform bill. One thing we do know, though, is that the bill will create a board called the "Independent Medical Advisory Board"--a government bureaucracy tasked with cutting health care costs. This panel has been famously been called a "death panel" by former Vice-Presidential Nominee Sarah Palin because it would arguably ration health care procedures as a way to eliminate or reduce the frequency of procedures which provide less benefit than the costs that are incurred (e.g., unnecessary diagnostic testing, barring payment of mammograms for women under 50, etc.). Regardless of what the panel is euphemistically called, rationing will be an inevitable result to save the government and taxpayer costs on the front end side of the health care transaction.

Equally likely, the Board will eventually adopt medical malpractice tort reform as a way to limit costs on the back end side of the health care transaction. Like MediCare and Medicaid, doctors and health care providers will be asked to accept artificially low payments for their service thereby reducing their profit margin and their willingness to participate in the new federal health care system. One incentive the government can provide to these doctors--perhaps the only incentive--is to assist in reducing malpractice insurance costs by limiting medical malpractice lawsuits and damages.

Medical malpractice reform has already been raised by the American Medical Association as a way President Obama can earn their members support during the passage of this controversial bill. Understandably, Obama has been reluctant to agree to such a concession as both he and the Democratic Party rely heavily on the donations of trial lawyers for their political future. Yet, what happens when the Republicans win the White House, political favor turns, or the cost of the federal health care program skyrockets? Undoubtedly, pressure would mount for tort reform to be implemented, perhaps to such a level that politicians and bureaucrats would be forced to concede.

This is a sad, inevitable, and ignored consequence of the proposed health care reform bill. Under most states' medical malpractice statutes, a doctor cannot be found liable for injuring a patient unless their care fell "below the standard of care within the community". That means a doctor must not be merely negligent, but nearly grossly negligent, before he can be found responsible for his patient's injuries caused by his treatment. Clearly, doctors who meet this standard should be held responsible for their conduct and their patients should be compensated. To balance part of the nation's health care costs on the backs of these injured patients is simply wrong.

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Foreign Objects in Body Cavities

Finding a surgeon that you trust can be a difficult process. Even the most routine procedures offer a certain level of risk, which reiterates the need for the highest level of professionalism.

Surgical errors are somewhat common, but when negligence is the cause of a mistake that can have exceptionally painful consequences, the medical professionals at fault can be held liable. One form of medical malpractice that can be especially dangerous for patients is the loss of a surgical tool inside the body cavity. When foreign objects are left inside a body, they can cause a large amount of physical pain and suffering.

After discovering that your trusted surgeon and their team has made such a huge error, the following recovery process can be lengthy and difficult. Foreign objects left in body cavities can cause side effects such as: infection of the surgical site that can spread to other parts of the body, damage to organs which may lead to organ system failure, severe pain, and a subsequent surgery to remove the foreign object. Although any surgical tools can be left in the body, the most common are fabric based items such as gauze, towels, or sponges that can begin to look like the inside of the human body during a procedure. Items such as scissors, needles, and clamps are also commonly left behind.

This sort of careless behavior on the part of a medical team can lead to expensive bills and furthered medical expenses aside from the initial physical and emotional trauma.

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The Absence of Informed Consent

If you or a loved one has to seek medical attention at a hospital or clinic, you should feel confident in the medical professionals' skills and competency. However, not every physician, nurse, and technician is competent or careful in their duties. In fact, millions of dollars have been spent by insurance companies to defend doctors whose careless performance resulted in patient injury or death.

If you have been injured by clinic or hospital staff, you should not have to face insurance companies and the legal system alone. It would be in your best interest to have sound legal counsel beside you, working hard to help you achieve the results you deserve.

Your Right to Informed Consent

As a patient under the care of a medical team, you have the right to be asked if you consent to any non-emergency treatment. However, if your life is on the line and doctors must make immediate decisions, there probably isn't time to ask you for your consent.

On the other hand, if you are not unconscious and the treatment is not emergency treatment in nature, asking for your authorization first is required. If a physician failed to fully inform you of any dangers inherent in a treatment and you were injured as a result, you may have grounds for a medical malpractice case.

If you or a loved one has been injured by hospital or clinic staff member's failure to secure informed consent from you before going ahead with a treatment or procedure, you may be entitled to compensation for your loss.

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The Scope of Taking Up Medical Malpractice Law As a Profession

When a doctor fails in his duty to provide adequate medical care to a patient and the latter suffers injury or illness thereafter for which he has to spend a substantial amount of money, a medical malpractice is supposed to have taken place. Medical malpractice may be caused by any person involved in health care, for example-physician, pediatrician, microbiologist, toxicologist, technicians, nursing staff and even hospital workers.

A lawyer who deals with cases of malpractice, one who is well versed in medical law and hospital systems is called a medical malpractice lawyer. He fights for the legal rights of the person who has been medically wronged. Even if the patient has signed a consent form, giving approval for treatment or surgery, the doctor cannot be relieved from the responsibility of inadequate care meted out to the patient.

Health care providers and nursing homes are strictly bound by medical laws. Any deviation from the conformed standards of care would make them liable for heavy lawsuits. Even verbal abuse is not permitted. In case any physical injury is inflicted, then the victim is entitled to permanent damages known as recovery. However failure of a medical practitioner to cure a person's illness cannot be brought before the court. Only in cases of misdiagnosis due to negligence in conducting certain tests or administering illegal drugs etc can a malpractice lawyer present a valid case. Most hospitals are covered by insurance against malpractice cases due to the heavy nature of the claims made.

Medical malpractice lawyer can devote their profession to cases related to any one branch of medicine. For example, he can deal solely with gynecological or anesthesia negligence. Such specialization is only going to rake in more income. His charges can run into 6 and 7 figures. He usually claims his compensation at the end of the case which would be a percentage of the amount recovered from the client. Usually a 1/3 percentage is claimed deducting court fees and other charges incurred during the case. Thus he works on a contingency-fee basis. Another option is to employ him on a retainer fee basis.

If the medical malpractice lawyer is part of a large firm comprising a team of attorneys, then his compensation would be in terms of the number of billable hours put forth by him. This refers o the amount of time he spends on representing the firm's clients.

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Influenza in the Nursing Home

Moving a loved one into a nursing home is no easy task. It can be incredibly stressful to pick a safe facility--one that you trust to provide your loved one with the care that he or she needs and deserves. One common concern when moving into an assisted living facility is whether it is safe to have a senior around others struggling with their health.

Luckily, most of these facilities do a great deal to protect patients from the spread of viruses and diseases. Sanitation is heavily emphasized and residents with contagious illnesses can be kept away from others. Unfortunately, when it comes to influenza, the spread of the virus is difficult to control.

Influenza spreads quickly. People who have contracted the virus may not notice symptoms of the illness for several days. During this time anyone around them may also contract the virus. Nursing homes have many common rooms and staff members who attend to multiple residents. This makes the nursing home an easy place for influenza to spread. Therefore, the staff of the facility must be extremely attuned to the possibility of influenza in their area.

The flu can affect every person differently. A healthy 30 year old's strong immune system may get rid of the virus quickly. However, small children and the elderly will have a much more difficult time recovering from this virus. Their flu may lead to other illnesses such as bronchitis, sinus infections, pneumonia, or brain infection.

If influenza is not treated properly in a nursing home, the result can be deadly. Prompt treatment is essential in curbing the serious health issues the virus can cause.

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