Secrecy Shields Medical Mishaps From Public View

According to a national investigation by Hearst Newspapers, many hospitals are still failing to report medical errors even after a report issued in 1999 outlined the need for reforms. The report, written by 22 physicians, called for improvements in patient safety and a nationwide system to track hospital errors. The newspaper's investigation found that ten years after the report many hospitals have been slow to institute change and lobby groups have fought against a national registry for hospital errors. San Francisco Chronicle

Errors Common In Cancer Diagnosis

It’s hard enough battling cancer, but a new report in the Journal of Clinical Oncology, Vol 25, No 31 (November 1), 2007: pp. 5009-5018 maintains that doctors make diagnosis errors in more than one in ten cases of the disease. The report says in many of these cases, the error resulted in significant harm.
Researchers at the University of Pittsburgh say, until now, not much has been written or studied on cancer misdiagnosis. In particular, doctors have not had a good grasp of how common the problem is and what impact it has had on patient health.
When the research team looked at diagnosis mistakes among cancer patients at four hospitals, they found the frequency of errors ranged from 1.79 percent to 9.42 percent for gynecological cases and from 4.87 percent to 11.8 percent for other cases. They found that some errors were significantly linked to particular hospitals but did not name them.
The report said nearly half the mistakes were caused by misinterpreting test results, while the rest were mostly attributable to poor sampling of tissue.
The researchers said they found a significant number of the errors, nearly half , had traumatic consequences for the patient. Harm from the errors ranged from putting the patient through unnecessary tests, to losing a limb, to death.
The authors of the study say they compiled the research in an effort to help those who want to standardize cancer diagnostic and treatment methods.

Huge Medical Malpractice Study: Damage Limits Not Warranted

Americans for Insurance Reform released a study earlier this week showing that in recent years, doctor premiums and medical malpractice claims have overwhelmingly dropped, while the profits of the medical malpractice insurance industry have soared. Significantly, the study concludes that placing further limits on the liability of negligent doctors and unsafe hospitals would be unjustifiable, and would put almost no dent in our country’s health care costs.
AIR’s report, True Risk: Medical Liability, Malpractice Insurance and Health Care, is by Gillian Cassell-Stiga and Joanne Doroshow of the Center for Justice & Democracy, and actuary J. Robert Hunter, who is Director of Insurance for the Consumer Federation of America (CFA), former Commissioner of Insurance for the State of Texas, and former Federal Insurance Administrator under Presidents Carter and Ford.

In describing the study’s findings, Hunter said, “Thirty years of inflation-adjusted data show that medical malpractice premiums are the lowest they have been in this entire period. This is in no small part due to the fact that claims have fallen like a rock, down 45 percent since 2000. The periodic premium spikes we see in the data are not related to claims but to the economic cycle of insurers and to drops in investment income. Since prices have not declined as much as claims have, medical malpractice insurer profits are higher than the rest of the property casualty industry, which has been remarkably profitable over the last five years. -AIR

The findings apply equally to states that have placed major tort restrictions on victims of medical malpractice and to states that have not.

The study adds that because medical malpractice premiums amount to less than 0.5% of overall health care costs, with medical malpractice claims amounting to 0.2% (yes, these are tiny decimals) of health care costs, limiting liability any more will simply not have a significant effect on these health care costs. “If Congress completely eliminated every single medical malpractice lawsuit,” it says, “including all legitimate cases, as part of health care reform, overall health care costs would hardly change, but the costs of medical error and hospital-induced injury would remain and someone else would have to pay.”

All of this only confirms that removing or further limiting medical liability would mean robbing patients of the only meaningful check and balance they have on the impossible monstrosity of a system that American health care has become. Limiting liability is not a way to save the country money, and it’s not fair for patients who are wrongfully injured or who lose their lives due to negligence.
Read AIR’s full study here.

Malpractice Payouts Fall Across the Country

Medical malpractice payouts continued to fall across the country last year and account for a minuscule portion of health-care costs, the watchdog group Public Citizen reports.

Using data from the federal government's National Practitioner Data Bank (NPDB), the group found the number of payouts declined for the third straight year. In addition, the 11,037 payments recorded in 2008 were 31% fewer than the average number of payments recorded by the NPDB in all previous years.

That doesn't mean safety efforts have been successful, the report asserts. “There is no evidence that medical errors have declined. Rather than pointing to safer medical care, the reduction almost certainly means that there are ever more malpractice victims not receiving compensation.”

The cost of the malpractice liability system, measured broadly by adding all malpractice insurance premiums, fell to less than 0.6% of the $2.1 trillion in total national health-care costs in 2006, the most recent data available, according to the Public Citizen analysis. The cost of actual malpractice payments fell to less than one-fifth of 1% of all health-care costs in 2006.

Public Citizen doubts national tort reform will have much impact on spiraling health costs. “Any way you measure it, medical liability accounts for less than 1% of the country's health-care costs, and the vast majority of victims receive no compensation whatsoever,” said David Arkush, director of Public Citizen's Congress Watch Division.Click here for the full report.

Elder Abuse on the Rise in California

Elder Abuse in California has increased 18 percent in the past five years. Experts worry that the soured economy has put vulnerable seniors at greater risk for abuse.
Here is how to recognize some of the signs of physical or financial abuse.

• Unusual bank activity, such as ATM withdrawals when the individual cannot go to the bank.
• Any untreated medical condition.
• Changes in spending patterns, buying unneeded items.
• Checks or other documents signed when the elder cannot write or understand what is being signed.
• Poor hygiene or unkempt and foul-smelling condition.
• Unexplained bruises or welts; injuries that conflict with the explanation.

Without intervention, abuse can escalate. When in doubt about whether abuse has occurred, err on the side of caution and report it. 24 hour abuse hot line (800) 491-7123, (California only).

If you believe a relative or friend has been the victim of elder abuse or nursing home neglect, California elder abuse attorney Steven Weinberg is available to provide a free consultation to answer your questions and explain your legal rights. (888) 321-1022. http://www.sjweinberglaw.com/

More Than 100,000 Preventable Patient Deaths Occur In Hospitals Every Year

According to the National Institute of Medicine, more than 100,000 patients die in hospitals every year as a result of avoidable errors. Errors may be committed by doctors, nurses, radiology techs, pathology secretaries, aides, food service workers, computer programmers, lab techs, or any of the more than 100 employee classifications working in hospitals. See the full report of the National Institute of Health, entitled To Err Is Human, www.nap.edu/openbook.php?isbn=0309068371

Prescription Errors Rising

There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to the National Association of Boards of Pharmacy. The same organization estimates that as many as 5 percent of the 3 billion prescriptions filled each year are incorrect.
With the number of prescriptions expected to climb to 4 billion this year and the number of pharmacists steadily decreasing, there are bound to be "problems down the road," according to one expert.
What You Can Do It's not easy for consumers to protect themselves against such errors, but there are steps you can take:
1. Read the prescription your doctor gives you aloud. Ask the physician to confirm it.
2. Verify the dosages and drug names with your doctor.
3. Before going to the pharmacy, write down the dosage and drug names.
4. Go to a reputable pharmacy, one that has more than a single pharmacist working with clerk and technician helpers. You can contact your state pharmacy board for information. Some will tell you if a pharmacist has been disciplined in the past.
5. When you pick up the prescription, check the labels and make sure the dosages and drug names match what you have written down.
These steps are not foolproof but they're a good start.

CAPS ON DAMAGES IN MEDICAL MALPRACTICE CASES HARM PATIENTS AND DO NOT REDUCE PREMIUMS

In 1975, the California Legislature past a law known as MICRA, which among other things limits the compensation (damages) a victim of medical malpractice or their surviving family may obtain to $250,000.00 for non-economic damages for pain and suffering, or in the case of the death of a family member for loss of love and affection. These human damages are the real loss victims and their family members suffer when a doctor is negligent. There are no similar limitations on damages for injuries due to any other type of negligence in California.
Studies have shown that these caps on damages harm victims and do not reduce the premiums doctors pay for medical malpractice insurance. www.weissratings.com/malpractice.asp
The MICRA caps have never been increased for inflation. The $250,000.00 limit in 1975 dollars is now the equivalent of about $61, 383.00 in 2009 dollars.
The tragic consequences of the MICRA limitations are seen first hand in the award winning video, “The Truth about MICRA”. http://www.caoc.com/CA/index.cfm?event=showPage&pg=micravideo
For more information about the unfair MICRA limits and what you can do about them contact California Medical Malpractice Lawyer Steven Weinberg 888-321-1022, or visit his website at www.sjweinberglaw.com.

Stroke Warning Signs

Stroke is a medical emergency. Know these warning signs of stroke and teach them to others.

Every second counts:
-Sudden numbness or weakness of the face arm or leg, especially on one side of the body.
-Sudden confusion, trouble speaking or understanding
-Sudden trouble seeing in one or both eyes
-Sudden troubling walking, dizziness, loss of balance or coordination
-Sudden sever headache with no known cause

Call 9-1-1 immediately if you experience any of these symptoms.
Time lost is brain lost

Emergency Room Errors

An astounding 115 million people in America are treated in emergency rooms every year, according to a 2007 statistic released by the Centers for Disease Control and Prevention. The Journal of the American Medical Association has reported that more than 225,000 people die every year as a result of medical malpractice with emergency room errors accounting for almost half of those numbers.
An emergency room errors can mean the difference between life and death or prolonged illness and a speedy recovery. Emergency room nurses and physicians are responsible for diagnosing injuries and medical conditions accurately. When their negligent mistakes cause injury, illness or death, the injured person or the family will need help obtaining resources, information and support.
Steven Weinberg, California Medical Malpractice Lawyer has the experience and expertise to determine if a patient’s emergency treatment was delayed or incorrect, and if emergency room malpractice resulted in an injury for which damages may be recovered. Call us for an evaluation at no cost to you. 888-321-1022, or visit our website, www.sjweinberglaw.com.

What is Elder Abuse?

It is the neglect, exploitation or painful or harmful mistreatment of anyone who is 65 or older. It might be physical violance, psychological abuse, isolation or a caregivers neglect. It could be identity theft, or theft or embezzelment of a seniors property. ( Calif. Penal Code Sec. 368: California Welfare & Institutions Code Sections 15610.23, 1560.27)

Study shows doctors errors do cause injuries to patients

According to a two-year old report in the Annals of Internal Medicine, physician errors are a factor in about 60% of medical malpractice claims that involved patients allegedly injured because of missed or delayed diagnoses.
For the study, researchers at Brigham and Women’s Hospital in Boston reviewed 307 claims from four large malpractice insurers that were closed between 1984 and 2004.
181 of the claims involved diagnostic errors that allegedly injured patients; and ignored the outcomes of the claims.
Although most of the claims involved several factors, the major ones involved physician errors.
The Results
According to the study:
100 claims involved failure to order appropriate diagnostic tests;
81 claims involved failure to establish a plan for appropriate follow-up care;
76 claims involved failure to obtain an adequate H&P or PE;
67 claims involved improper interpretation of diagnostic tests.
Contributing Factors
The main factors that contributed to the physician errors included failures in judgment (79%), memory problems (59%), lack of knowledge (48%), patient-related issues (46%) and patient handoffs from other physicians (20%).
Your comments would be greatly appreciated
And so, how does this impact your thoughts on the topic; please comment?

Heart Disease is the Leading Cause of death in America

According to the Centers for Disease Control heart disease is the leading cause of death in America.

Chest discomfort or pain is a key warning symptom of a heart attack.

IF YOU ARE HAVING SEVERE CHEST, BACK, OR BELLY PAIN OR IF YOU THINK YOU ARE HAVING A HEART ATTACK OR STROKE, IMMEDIATELY GO TO A HOSPITAL EMERGENCY DEPARTMENT. DO NOT ATTEMPT TO DRIVE YOURSELF. CALL 911 FOR EMERGENCY MEDICAL TRANSPORT


There are four life threatening conditions that can cause chest pain (1) a heart attack; (2) pulmonary embolism (3) aortic rupture/dissection (4) pneumothorax. Each of these has its own set of signs and symptoms

Because of the serious potentially life threatening consequences of heart disease, I will be wrtting on this subject frequently.

Time to repay the kindness of others

Over the years I have received help from lawyers not only from California but from around the country with experts, medical/legal issues and strategies. For those of use who have devoted our careers to helping the victims of medical malpractice and their families, it is essential that we help each other. From time to time I will post interesting and hopefully useful information and updates on medical and legal developments , published opinions, jury verdicts and the like, that maybe of use to other attorneys. I am also available to help any way I can with experts, legal or medical research or problem solving. I have some useful links on my website, http://sjweinberglaw.com/Links.html, I am also available to help by phone 888-321-1022 or email, steve@steveweinberglaw.com

Our elderly relatives and friends are the most vulnerable and the most often abused

Every year, tens of thousands of elderly Americans are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care.
As elders become more physically frail, they’re less able to stand up to bullying and or fight back if attacked. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them. Mental or physical ailments may make them more trying companions for the people who live with them..
Tens of thousands of seniors across the United States are being abused: harmed in some substantial way often by people who are directly responsible for their care.More than half a million reports of abuse against elderly Americans reach authorities every year, and millions more cases go unreported.
Elder abuse tends to take place where the senior lives: most often in the home where abusers are apt to be adult children; other family members such as grandchildren; or spouses/partners of elders. Institutional settings especially long-term care facilities such as nursing homes can also be sources of elder abuse.
Elder abuse takes many forms; Physical abuse, neglect, emotional abuse and financial abuse.
In the coming weeks I will give specific examples of elder abuse, and tips on how to spot it.
If you believe a friend or loved one has been the victim of elder abuse please contact Steve Weinberg, a California Elder Abuse lawyer. http://www.sjweinberglaw.com/, or call for a free consultation 888-321-1022

Over 225,000 people die each year due to medical malpractice

Surgical malpractice is the cause of a startling number of deaths throughout the country. It is estimated that approximately 225,000 people die each year due to the negligence of health care providers and services, making medical malpractice the third leading cause of death in the United States, after heart disease and cancer.
Surgical malpractice is a form of medical malpractice that alleges that a surgeon failed to provide adequate treatment to patients resulting in injury or death.
Types of Surgical Errors
Every time a person has to undergo a surgical operation there are risks of medical and surgical malpractice. One form this kind of medical malpractice can take is in surgical errors. Surgical errors may range from consequences stemming from pre-operative care to perforations of internal organs by a surgical utensil during the performance of surgical procedures.
Some common surgical errors leading to malpractice claims include: • Use of unsanitary surgical utensils • Incorrect incision • Organ puncture or perforation • Surgery on wrong organ, wrong site surgery or wrong side surgery • Delayed surgery • Prolonged surgery
Surgeries Where Errors Most Often Occur
Surgical errors may occur in any kind of medical procedure involving intrusive and non-intrusive surgery.
Following are the most common types of surgeries where surgical errors occur: • Gastric bypass surgery• Childbirth • Cardiothoracic surgery• Thoracic surgery • Laparoscopic gallbladder surgery •
Proving Surgical Malpractice
There are numerous circumstances that may arise while on the operating room table that may lead to a faulty surgical performance or flawed surgical performance. Generally, to prove surgical malpractice, a plaintiff must show that a surgeon failed to exercise the degree of care and skill that a surgeon of the same medical specialty would use under similar circumstances.
When medical standards are not followed and competent treatment to patients is not provided, surgical malpractice cases can result. For these cases, a surgery malpractice lawyer is essential as he/she is familiar with the governing laws and implications. A surgery malpractice lawyer will work with the health care system to find out what your rights and legal options are.
If you or a loved one has been the victim of surgical malpractice, please contact an experienced surgical malpractice lawyer at http://www.sjweinberglaw.com/, or call Steve Weinberg at 888-321-1022