| Medical Malpractice
A recent study conducted by the Institute of Medicine of the National Academy of Sciences,
determined that approximately 100,000 people die each year from medical mistakes in hospitals and as many as tens of thousands suffer from
permanent injuries as a result of such errors. As one of the leading causes of death, medical malpractice has adversely affected millions
of people during the past few years. These medical mistakes kill as many people as AIDS, breast cancer, and auto accidents combined, according
to the 2003 bestseller Wall of Silence: The Untold Story of the Medical Mistakes That Kill and Injure Millions of Americans by Rosemary
Gibson and Janardan P. Singh.
It must be noted however that not all bad outcomes are by any means the result of malpractice.
Many times certain procedures have certain risks for unfavorable outcomes. Only when the bad outcome is the direct result of neglect as
defined by the medical standards in the community at the time can we say that there is a medical malpractice claim.
Causes of Medical Mistakes
Medical mistakes occur for many reasons. Today, hospitals are understaffed, and often times, mistakes happen because of the overworked
staff, poor communication, and poor information among people taking care of the same patients. Errors also occur due to improper supervision
of doctors in training and medical shifts for young doctors that are virtually inhumane in terms of how long doctors are expected to remain
awake. The administration and staff at hospitals are frequently forced to comply with shrinking budgets and do not take the time or have
the financial resources to determine how to reduce medical mistakes that occur at their facilities.
In fact in the 1950's over 50% of the deaths that occurred in hospitals were routinely
followed by an autopsy to determine the cause of death. Today, unless a family pays for an autopsy or it is ordered by the coroner's office
it is unlikely that an autopsy will occur and therefore the real cause of death may never truly be known. Also, regulatory oversight is
weak or almost nonexistent, due to shrinking state and federal budgets.
The federal government does not even count the number of humans that die each year from
medical malpractice, because unlike airplane crashes, medical mistakes happen quietly and one at a time. If you consider the number of people
who die from medical malpractice, it would be comparable to having a 747 crashing every 2 days and killing everyone of board.
Mistakes that occur in hospitals are estimated to be under reported by as much as 300%.
The medical errors that are reported do not include mistakes that are made at out patient clinics, laser surgery centers, cosmetic surgery
centers, nursing homes, and rehabilitation centers. It is fair to say that these high rated of death are completely unacceptable in a world
where doctors are supposed "do no harm".
It was determined in 1986, in a study done by the Washington Post, that 3%-5% of all
doctors in the country account for virtually all of the medical malpractice that occurs. In fact, medical malpractice would be only a minor
problem in society today if good doctors had the ability to weed out the bad ones. However, the medical profession has refused to attempt
to restrict the practices of doctors who have made repeated errors. In other professions, such as attorneys, it is not unusual for them
to "police their own". In fact, lawyers frequently are suspended from the practice of law by their regulatory bar associations
if an impropriety is alleged.
Unfortunately because of the medical community's failure to regulate their own profession,
medical insurance premiums have risen and successful doctors only have themselves to blame for not weeding out the bad doctors over time.
It is wholly ironic that doctors are blaming attorneys for the medical malpractice crisis, when they only have themselves to blame.
It is now an accepted fact that a minimum of 1 million people have died in the past
10 years from extreme medical errors, based on a study from the New England Journal of Medicine. Examples of some mistakes are, leaving
foreign objects in bodies during surgery obviously causing complications, because of poor handwriting a doctor's decimal point shifts and
the wrong dose of a prescription is given to a patient or a patient's chart gets confused and the patient receives the wrong medication
entirely.
At Oppenheim Pilelsky we have handled a variety of catastrophic medical malpractice
cases in the past few years. Including, the misdiagnosis of meningitis, the misdiagnosis of heart trouble, and not informing parents that
their fetus had spina bifida, among other cases.
How to Prevent Being Injured From a Medical Mistake
There are ways to try to protect yourself from medical mistakes. Try to follow these tips in order to ensure your own protection. 1)
Acknowledge that medical mistakes can and do often happen. 2) Do research and consult family, friends, and acquaintances concerning your
particular medical condition and become and expect on your situation. 3) Learn about your doctor his reputation and track record, and know
the facility he works in. 4) After a procedure, immediately obtain a copy of the medical records if the outcome isn't as expected. 5) Keep
your own records of procedures so that you can make sure it corresponds with the hospital records. 6) Make sure your know who is in charge
of your care, and that you have the ability to reach them at all times. 7) if you or a loved one is going to be in the hospital, try to
provide companionship or if that is not possible hire a private duty nurse during critical times. 8) For any type of test you take, follow
up for the results, do not wait for the doctor to call you and don't assume anything. 9) If you believe something is wrong, follow you instinct
and pursue it. 10) If you are working with a doctor who thinks he is infallible or ever commands you to listen to him because "he is
the doctor", find yourself a new doctor. 11) If you receive a medical test that suggests a major problem or if you have received a
diagnosis that suggests a major problem always obtain a second opinion and conduct the test again to make sure that the diagnosis is indeed
valid.
Conclusion
While the lawyers at Oppenheim Pilelsky hope that you or a loved one never are a victim of malpractice, our firm is here to assist
you in the event that you need to seek out competent legal counsel to determine if in fact there was medical malpractice concerning an unexpected
outcome. Even though our firm only handles a few medical malpractice cases each year, we screen each one thoroughly and only pursue a case
if the facts are so outrageous that they place a shadow on the underlying problems of medical care in the United States. Once the firm had
determined that the case has substantial merit, the firm assembles a team of experts to initiate the law suit. Oppenheim Pilelsky's team
approach not only includes a team of lawyers, licenced nurses, but highly qualified doctors and public relations consultants. It is this
team approach that has brought not only tremendous success to the victims of malpractice, but also much public attention to the firm.
So please feel free to contact us by phone or
email if you or a loved one has a question concerning a negative unexpected medical outcome.
In the interim remember the old saying that, an ounce of prevention is a pound of cure.
So if you or a loved one is ever involved in a major medical situation we hope that you will review the simple but important advice we have
provided to you.
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