Maine Personal Injury Lawyer - Medical Malpractice

Drunk Doctors a Concern for Maine Patients?

Don Briggs — Mon, 18 Feb 2008 18:06:50 GMT

Hopefully this situation will never arise in Maine but it has in New Jersey. A New Jersey pediaitrician had his license to practice medicine revoked for allegedly being drunk on the job, administering expired vaccines to young patients and pointing a loaded gun at two assistants. As many as 1,100 children may not have been properly immunized and, as a result, may not be protected according to an official familiar with the case. The County Health Coordinator now fears that all 1,100 children may need to be immunized a second time for the usual list of diseases. The pediatrician's records have been described as being "in disarray".

Verification of proper vaccinations since 1999 may not be possible. These events open the door to the possibilty of the children contracting serious illnesses and diseases against which they thought they were protected. Polio, measles, mumps, rubella, diptheria, tetnanus and other deadly diseases may strike any of the children who were not properly immunized. See article.

Originally posted at InjuryBoard by Don Briggs

Medication Errors in Maine Hospitals

Alison Mynick, RN, Esq. — Mon, 18 Feb 2008 15:01:54 GMT

One in 10 patients in Massachusetts hospitals suffers serious and avoidable medication mistakes.

Can what is happening to Maine patients in Maine hospitals be very different? Probably not.

The study by a Boston doctor, reported in the Boston Globe shows that the culprit is a doctor's handwritten order for medicine in a patient chart. When a hospital switiches to a computerized ordering system the error rate is cut in half.

Why doesn't every hospital just use a computerized system that requires the doctor to enter his order into the computer, where it can be matched agaisnt the patient's weight, allergies and other medical data? Cost. The computerized system costs $400,000 per year. For small community hospitals in Maine, that would be a big cost. But the cost can be balanced against the tab the hospital is going to have to pick up for the extra days that each injured patient, on average, has to stay in the hospital. These days, insurance companies aren't going to pay for hospital care caused by preventable medication errors.

And none of this analysis deals with the human side. Nothing in the Boston Globe article, or the response by the Massachusetts Council of Community Hospitals addresses what it feels like to be poisoned by a wrong medication, to have vital organs destroyed by a wrong medication, to have your life destroyed by a wrong medication. The cost of living your life the way it was before a medication error--priceless. But apparently only to you. Not to the hospital.

Originally posted at InjuryBoard by Alison Mynick, RN, Esq.

Nursing Home Abuse and Financial Exploitation of Elderly is a Serious Problem in Maine

Don Briggs — Tue, 15 Jan 2008 13:35:52 GMT

Retirement is supposed to be the reward for a long life of hard work, but for many Maine seniors, the golden years are being stolen away by caregiver neglect, physical abuse, and financial exploitation. Whether the abuse happens in nursing homes or is inflicted by the victims own family, it's becoming a big problem in the United States and Maine is no exception.

Retirement is supposed to be the reward for a long life of hard work, but for many Maine seniors, the golden years are being stolen away by caregiver neglect, physical abuse, and financial exploitation. Whether the abuse happens in nursing homes or is inflicted by the victims only family, it's becoming a big problem in the United States and Maine is no exception.

According to the Maine Office of Elder Services, elder abuse often goes unreported because it is difficult to detect, and the elderly often are not in a position to advocate for themselves. In Maine, although the number of reported cases is around 2,200 a year, the Attorney General's Office estimates the number is probably closer to 14,000.

A few examples of reported cases of elderly abuse in Maine include:
â€¢ 95 year old woman, nursing home resident, physically and sexually abused by son-in-law and grandson during visits.
â€¢ 37 year old man, boarding home resident, kicked in groin and stabbed with a paring knife by another resident.
â€¢ 35 year old man with mental illness, involved in a series of violent outbursts toward other patients, including dislocating the shoulder of an elderly patient.
â€¢ 101 year old woman, nursing home resident, slapped by C.N.A. resulting in serious facial bruises.

A few more cases, as reported in an article published in the Kennebec Journal Morning Sentinel:
â€¢ An 88-year-old woman bilked out of thousands of dollars by her nieces.
â€¢ A 78-year-old disabled woman locked inside a room and fed only crackers and yogurt.

Whether the abuse be financial or physical, committed by family members or nursing home staff, elder abuse is finally starting to get some attention in Maine. An Editorial published by the Portland Press Herald states that "Maine's elderly suffer from physical abuse, neglect, and exploitation. The physical abuse overlaps the psychological abuse. Some caregivers threaten to withhold medication, for instance, until they get what they want from the elder in their charge."

Another Maine Sunday Telegram article calls elder abuse a "serious problem" in Maine, explaining that "an abused senior typically does not want to report the abuse for fear of retribution, embarrassment, isolation and not knowing where to go to get help".

WARNING SIGNS
Because the elderly themselves are unlikely to report the abuse, it's essential that neighbors, family members, and friends learn to look for warning signs that something could be wrong. The National Center on Elder Abuse estimates that 5 million seniors are victims of abuse each year and lists these tell tale signs to be on the lookout for:
* Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
* Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
* Bruises around the breasts or genital area can occur from sexual abuse.
* Sudden changes in financial situations may be the result of exploitation.
* Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
* Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
* Strained or tense relationships, frequent arguments between the caregiver and elderly are also signs.

Elder abuse hasn't gotten as much attention as child abuse, and because of this, they are perhaps even more vulnerable than children to neglect and exploitation. Just as society worries about the rights of children, we owe it to the elderly to make sure their rights and dignity are protected during this stage of their life.

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Don Briggs

Therapeutic Hypothermia in Maine: When is it Malpractice Not to Offer the Big Chill?

Alison Mynick, RN, Esq. — Thu, 03 Jan 2008 20:41:28 GMT

It wasn't so long ago that some Maine heart attack victims who were resuscitated faced the following "good news/bad news" situation: The good news was that normal heart rhythm was restored after CPR. The heart attack victim lived. The bad news, often, was that lack of oxygen to the brain during the heart attack caused such serious brain damage that the survivor didn't seem like the same person as before the heart attack.
When the heart stops pumping, oxygen rich blood doesn't get to the brain. The brain cells that die when deprived of oxygen can cause inability to speak, think, and carry out ordinary adult tasks. In that way, the brain damage suffered in the aftermath of a heart attack can rob a heart attack survivor of a meaningful life and basic human dignity. In addition, the economic cost of brain injury is often staggering. Patients with severe brain injury often cannot support themselves, or require expensive rehabilitation and lifelong, continuing care.

But some Maine physicians and hospitals now offer heart attack victims a better chance at a normal life after the brain suffers a lack of oxygen during a heart attack. The treatment is to cool the heart attack victim's body temperature to far below normal, keep it low for awhile, then slowly bring the body's temperature back to normal. A variety of methods are used to bring the temperature down, including pumping cold fluid into veins, packing the body's "hot spots" with ice packs, and placing the patient on a cooling blanket. This treatment is known to doctors as "therapeutic hypothermia".

Therapeutic hypothermia was described to mainstream American physicians in 2002 when the New England Journal of Medicine reported favorable brain functioning in patients who had been successfully resuscitated after cardiac arrest due to ventricular fibrillation. By 2003 the American Heart Association had issued an advisory statement recommending that unconscious adult patients with spontaneous circulation after out-of-hospital cardiac arrest from ventricular fibrillation should b e cooled for 12 to 24 hours following resuscitation. By 2006 physicians had taken the therapy from evidence to clinical practice, and expert physicians in critical care medicine accepted the bottom line: therapeutic hypothermia by ice packs and cooling blankets significantly improves complete recovery of normal brain function compared to standard aggressive resuscitation.

Here in Maine, Maine Medical Center, instituted a seventeen step "Therapeutic Hypothermia Protocol". Maine Medical Center's therapeutic hypothermia protocol touches on the types of patients who are selected for cooling treatment, the equipment used to cool the patient, the monitoring of the patient, the goal temperature, and the length of hypothermia treatment. In addition, LifeFlight of Maine, the only medical helicopter service in the state, is one of the few members of the Association of Air Medical Services to offer the therapy that chills the body to save the brain.

Part of the reward of being a doctor or nurse is seeing your patient walk out of a hospital healed and whole. It is especially rewarding to see it happen as the result of a therapy that the medical professional knows was not available to previous generations. However, part of the responsibility of being a doctor or nurse is to provide the treatment when the "newness" has worn off and a treatment becomes the "standard of care".

In Maine, therapeutic hypothermia is a treatment that has made the transition from newcomer to standard of care. That is cause for both celebration and education.

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

Originally posted at InjuryBoard by Alison Mynick, RN, Esq.

New Year's Resolution: Keep Count

Alison Mynick, RN, Esq. — Mon, 31 Dec 2007 13:49:28 GMT

Today the Editor of the Boston Globe closes out 2007 with a list of 39 deaths from domestic violence. Senseless, needless, unjustified death. The Globe brings honor to itself, and the deceased, by humanizing these wrongful deaths. This is- no question-a generous and excellent use of a 6 x 18 inch space on the Globe's editorial page. Keeping the issue front and center is part of bringing change, bringing down the number in 2008.

But, horrible as it is, 39 is a number that shrinks to microscopic when compared to the 98,000 deaths each year in the United States from medical negligence. These deaths, too, are senseless, needless and unjustified. These 98,000 deaths, too, leave behind the stunned and tearful children, fathers, sisters, friends, cousins, husbands and wives of folks just like us. When we lose someone to medical malpractice we are in the worst position to marshal our resources, find out what happened, gather evidence and right the wrong.

And the insurance companies are in the best position to keep the facts concealed.

Everyone talks about the "cycle of violence" that is perpetuated by sweeping domestic violence under the rug. Hold that thought, and apply it to the shameful secrets that are hidden in medical records, "peer review" reports and quietly filed away autopsy findings. This is the cycle of needless medical death.

Death from domestic violence isn't simply the result of love gone awry. It's more complicated than that. Similarly, 98,000 medical deaths per year aren't simply the result of indifferent doctors or cash hungry hospitals. It's a question of stopping the cycle of death by owning up to the existence of dangers in our system of medical care so that we can prevent medical accidents. And, as with domestic violence, it's a question of letting each family know that their loved one actually counts.

If the Boston Globe printed a list of everyone in Massachusetts who died from medical negligence it wouldn't fit on the editorial page. It would take a "special supplement". But, like today's editorial, it might make you think about the deaths as having happened to real people. And it might make you think about prevention.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Alison Mynick, RN, Esq.

Playing Fair: Discovering Facts About Medical Malpractice Injuries

Alison Mynick, RN, Esq. — Sat, 02 Jun 2007 15:04:05 GMT

How do you prove your medical malpractice case? What do you do if a defendant hospital doesn't "play fair" ? In Charleston, South Carolina the Court ordered a hospital to pay $1.3 million as a sanction to the plaintiff in a medical malpractice. The reason: The hospital was found to have given inaccurate answers to questions, inaccurate testmony and to have engaged in other "misconduct" . See: http://www.dailymail.com/story/News/2007053042/Hospital-sanctioned-1-3-million-over-lawsuit/).

In a malpractice case you need more than just the hospital or doctor's office records. You need the "post-it notes" on the file jacket, the telephone records of the doctor's calls, the operating room log, the personnel records that show who was working the critical shift when the malpractice occurred and a whole host of information that is found outside the patient chart. During a medical malpractice lawsuit the plaintiff has to rely on the rules of discovery to gain access to necessary information about what really happened, who saw it and why no one stepped in to protect the patient. State or Federal rules of civil procedure that apply can be abused or disregarded, as described in the Charlston, South Carolina case reported by the Associated Press. Discovery rules provide the parties protection from unfair or burdensome discovery, but this case is proof that the Courts also allow parties the protection of discovery rules. A request for relevant information is fair, and Courts will uphold it.

Originally posted at InjuryBoard by Alison Mynick, RN, Esq.

Weekend Medical Malpractice: Delay Places Stroke Victims At Risk

Alison Mynick, RN, Esq. — Mon, 19 Mar 2007 11:14:01 GMT

Each year 700,000 American suffer the devastation of a stroke. About one third die, and many survivors suffer irreversible effects that limit speech and mobility.

You are fourteen times more likely to die of a stroke if you're brought to the ER on the weekend.
A recent Canadian study outlines the startling figures, but the reasons why a weekend stroke patient is more likely to die than his or her weekday counterpart are still open to discussion.

What is known is the following basic fact: More than 80 percent of strokes are ischemic, not hemorrhagic.
Thrombolytic therapy has become a well established treatment in heart attack patients whose coronary artery is blocked by a clot. However, clot dissolving thrombolytic therapy is not so generally used in a "brain attack" involving a clot. One catch is that the stroke has to be diagnosed and treatment with the drug initiated within three hours of the stroke for thrombolysis to be effective.

In the best case weekend scenario, an observant bystander will do everything right: recognize face weakness or numbness, droopy mouth or crooked smile, notice slurred speech or someone's difficulty understanding simple language, and call 911.

Weekend ER physicians and nurses need to bump "brain attack" victims to the front of the triage line, have them promptly CT scanned and look at the results on an "emergent" basis.

(For more information see "Weekends Worst Time for Stroke"

Each year 700,000 American suffer the devastation of a stroke. About one third die, and many survivors suffer irreversible effects that limit speech and mobility.

What is known is the following basic fact: More than 80 percent of strokes are ischemic, not hemorrhagic.

In other words, for 80 percent of the stroke victim population, the problem is that the brain's blood vessel is blocked by a clot, not damaged by leaking blood. That's important because stroke victims who have a clot blocking the flow of blood to the brain can be given the chance to take a clot busting drug that dissolves the clot.

Thrombolytic therapy has become a well established treatment in heart attack patients whose coronary artery is blocked by a clot. However, clot dissolving thrombolytic therapy is not so generally used in a "brain attack" involving a clot. One catch is that the stroke has to be diagnosed and treatment with the drug initiated within three hours of the stroke for thrombolysis to be effective.

But if the stroke victim pulls into the ER ambulance bay within an hour of the stroke, then sits unattended on a gurney for an hour, or is made to wait in line for a CT scan (used to tell whether it is a clot type stroke as opposed to a leaking vessel stroke), and then waits another hour or more for the scan to be read and digested by doctors, the window of opportunity is gone forever.

It stands to reason that lengthy ER triage delays, patients backed up in the ER because their primary physician's office is closed for the weekend and lower staffing will negatively affect the small but critical window of opportunity to benefit from thrombolytic therapy.

Weekend ER physicians and nurses need to bump "brain attack" victims to the front of the triage line, have them promptly CT scanned and look at the results on an "emergent" basis.

(For more information see "Weekends Worst Time for Stroke"

Originally posted at InjuryBoard by Alison Mynick, RN, Esq.

Medical Malpractice Suit Filed Against Hospital

Christina Cole — Thu, 25 Jan 2007 03:15:39 GMT

Two years after her Father killed her husband, Ann Meador is blaming West Florida Hospital for the tragedy.

In a medical malpractice suit filed in Escambia Circuit court, Meador is claiming her father, Leslie Johnson, walked out of the hospital wearing nothing more than a blanket prior to murdering her husband, Bill Meador, in the victim's downtown law office.

The lawsuit alleges West Florida failed to document the severity of her father's mental state. It says the hospital should have kept him in the hospital under the Baker Act, which allows involuntary hospitalization of people whom are a danger to themselves and others.

Ann Meador, a lawyer, was seven months pregnant with her first child when her father burst into the victim's Emmanuel, Sheppard & Condon law office on Jan. 24, 2005. Johnson fired two gunshots at Bill Meador's head. He then fled and, after ramming a police car, fatally shot himself.

The suit says Johnson was admitted to West Florida after appearing at the emergency room on Jan. 23 seeking treatment for physical and psychiatric symptoms. Michles said a doctor noted on Johnson's chart that he was suicidal. The attorney also said a nurse overheard Johnson saying that he wanted to kill "him" and "them."
"Unfortunately, that was not conveyed to a treating physician," Michles said. A tearful Ann Meador said Wednesday her father and husband had a good relationship and she may never know why the shooting occurred.

Originally posted at InjuryBoard by Christina Cole