Insurance companies defend their insured doctors from medical negligence claims by trotting out every conceivable argument, hoping that one sticks. So, in medical malpractice cases resulting in wrongful death, the insurance lawyers often question the cause of death. They even rely on ambiguity created by the defendant physician who failed to obtain appropriate tests needed to make the correct diagnosis. In [...]
Birth injuries occur around the time of delivery, resulting in cerebral palsy, Erb's palsy and other permanent neurological injuries. The risk of injury increases with multiple gestation births, such as twins and triplets. The American College of Obstetrics and Gynecology (ACOG) has issued recommendations to minimize the risk of injury during management of a twin or [...]
Dangerous drugs are often overprescribed due to conflicts of interest inherent in the medical industry. The case of Farid Fata, M.D. is a case in point. This oncologist recently pleaded guilty to criminal charges arising out of chemotherapy medications that he prescribed to patients who either didn't need the drugs or would not benefit from them. [...]
Medical errors related to "drive by medicine" appear to be on the rise. As an Ohio medical malpractice attorney, I see bad trends in medicine before they are reported. I am speaking with more patients who have had serious medical issues that were passed over by a consulting specialist who was too focused on a single issue to see the [...]
Surgical errors are a frequent source of medical malpractice claims in Ohio. Urologic Care reports this month that the incidence of wrongful death associated with common urologic procedures increased significantly over a 12-year study period. The increase in preventable deaths coincided with a shift of more procedures to outpatient surgery centers. It appears that, once again, profits are getting [...]
Birth injuries and fetal demise are increased with breech deliveries, according to a new study published in the New England Journal of Medicine (NEJM). A "breech delivery" is one where the baby is delivered vaginally while in the breech, or feet first, position. The solution to risks associated with breech presentation is to deliver the [...]
Dangerous drugs come with a package insert that sets forth the indications, contraindications, drug interactions and side effects. When the medication poses an imminent risk of harm, drug manufacturers are required to prominently display a boxed warning, sometimes called a black box warning, on the package insert to alert physicians and pharmacists about the risk. When a healthcare [...]
Medical errors can occur when critical lab values are not properly communicated. A critical lab value is one that is so at odds with normal lab values that it potentially portrays a life threatening condition, unless immediate corrective action is taken. Laboratories can measure a variety of body fluids, including urine, sputum and blood, or process tissue samples [...]
Medical errors not only cause injury and wrongful death, but they also lead to increased costs of healthcare for all Americans. A recent study shows that U.S. healthcare is not only the worst when compared with other leading industrialized countries, but it is also the most expensive by far. Why is this acceptable? Americans are proud of [...]
Stroke (also called "cerebral vascular accident" or CVA) is often viewed as a disease of older adults. However, I just watched a panel discussion by three prominent stroke experts that points to a trend towards CVAs occurring in younger patients, particularly aged 35-65. More importantly, for purposes of assessing medical malpractice claims, many of these CVAs are [...]
