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%).
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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