G. Eric Nielson & Associates, LLC

What Are the Four Elements that Must Be Proven in a Medical Malpractice Case?

2010-02-26T12:10:00.000-08:00

Medical malpractice law falls into the general legal category of personal injury law. Personal injury law is also called "tort" law.

The laws governing torts and medical malpractice allow injured patients to recover monetary damages for a medical professional's recklessness, carelessness, negligence, or intentional poor decision.

All tort cases, including medical malpractice lawsuits, must prove these four elements:

Duty - A medical provider must have had a professional duty to provide care to the patient who suffered the injury. When a patient seeks out a doctor for care, that duty exists.
Breach of Duty - The medical provider must have failed to fulfill his/her duty to the patient by not exercising an appropriate standard of care and skill.
Damage - The patient must have suffered an injury while the medical provider was treating him or her.
Cause - The injury must have been caused by the medical provider's breach of duty.

Only when all four of these medical malpractice elements have taken place does a case exist.

If you would like to discuss the specifics of a medical malpractice claim, the Salt Lake City, Utah medical malpractice lawyers at G. Eric Nielson & Associates, LLC can help answer your legal questions at 866-605-4556.

Study Shows that Some Heart Doctors Put Profits Before Patients

2010-01-13T13:24:00.000-08:00

Today a report was released that showed that many heart doctors, or cardiologists, are not following the treatment guidelines recommended for treatment of coronary artery disease (CAD). The guidelines, published by the American College of Cardiology and the American Heart Association, recommend that in some cases, coronary artery bypass surgery should be done instead of angioplasty.

Bypass surgery, however, is a time intensive and complicated process. Some procedures can take all day. Angioplasty, on the other hand, is a relatively minor procedure, so cardiologists can perform--and bill for--multiple procedures in a single day.

It is much more lucrative for a cardiologist to do six or seven angioplasties in one day than it is to do a surgical bypass. This decision is made purely out of profit, and is contrary to professional medical standards.

To be fair, the demand for profits may not come from the doctors themselves. Rather, it may be that the corporations that run the hospitals where the procedures are performed are placing higher volume demands upon the physicians, in exchange for granting doctors hospital privileges.

Either way, however, cardiologists may be rendering substandard care to patients in order to make money, rather than to make quality health care decisions.

Injured by Medical Malpractice: Now What?

2010-01-11T11:56:00.000-08:00

In most cases, a visit to the hospital or doctor's office is a routine event. Usually, everything goes the way it is supposed to.

Sometimes, however, things don't go right. Doctors and nurses are good people, but even good people make mistakes. When professionals make mistakes, the consequences can be disastrous. Not only will you have to endure additional pain and suffering, but you'll be facing expensive medical bills, costs of future treatments, and possibly the loss of your ability to work. It is not your fault that a health care professional committed malpractice. But you will need help to hold them accountable.

If you or someone you know has been injured by medical malpractice, here are somethings you can expect:

You won't get answers. Medicine is not an exact science, and sometimes, complications can cause bad outcomes. If this happens, then your doctor will sit down with you and explain the complication, as well as how and why it happened. If a bad outcome is caused by negligence or other medical mistake, however, you won't get answers. Your doctor will suddenly be evasive about your questions, or may even transfer your care to another physician. If the doctors and other professionals aren't giving you answers, give us a call. Our experienced medical malpractice attorney s work with a team of nationally recognized medical experts, and together, we can get the answers for you.
Risk Managers and Insurance Adjusters Will Try to Convince You to Settle On Your Own. If you're lucky enough to get a meeting with a Risk Manager or other hospital administrator, the first thing they will tell you is that you don't need a lawyer. Your first question should be, "Does the negligent doctor or hospital have a lawyer?" If they answer honestly, they will tell you that they have a team of high-paid lawyers working on their side. "But," they'll say, "if you hire a lawyer, they'll get all the money, and you won't get anything."

This is absolutely not true. By hiring a lawyer, you will recover far more than the hospital will be willing to pay if you settle on your own, even after fees and expenses. Hiring a lawyer will get the negligent doctor or hospital to pay full value on your claim; otherwise, they will offer you pennies on the dollar. At G. Eric Nielson & Associates, we pride ourselves on maximizing recoveries for our clients, and working conservatively to ensure that the injured patient receives as much of the award as possible.
Hospital Administrators Will Delay Your Case. We have seen a troubling practice a lot lately. A patient will be injured, and for two years, the negligent hospital or doctor will pay for minor medical expenses--maybe a few hundred to a few thousand dollars. The injured malpractice victim will assume that these payments will continue, but as soon as the statute of limitations runs (usually two years, but in some cases, as little as one year), the payments stop. At that point, the patient cannot bring a legal action. The negligent doctors or hospital administrators will lead you to believe that they're taking accountability for their mistakes, but as soon as they can cut you off without being sued, they will do it. You will be left with a lifetime of medical bills.
You Won't Be Given Your Medical Records. The government has passed laws that provide patients with access to their medical records--it is a legal right. When you've been injured as a result of medical malpractice, however, negligent hospitals and doctors will try to stop you from finding out what happened. Your records may get "lost," or you may be asked to fill out complex forms and wait weeks--even months--to get your medical records. Once you receive those records, they may be incomplete, or inaccurate. The medical malpractice lawyers at G. Eric Nielson & Associates use all of our resources to ensure that we get a full, complete set of your medical records, and can give you the answers you deserve.

Medical malpractice cases are complex, and you need an experienced team of legal professionals on your side.

The Utah malpractice attorneys at G. Eric Nielson & Associates have the experience to give your attention the case it deserves, and the expertise to give you the answers you've been looking for.

When you call our offices, you'll speak to an attorney who can discuss your case with you. We will set up a free, no-obligation consultation where you can meet face to face with a lawyer to discuss what happened. If you have been injured by medical malpractice, we can tell you your options and discuss your legal rights.

Call today: (801) 424-9088.

Surgical Site Infections

2010-01-11T09:28:00.000-08:00

When you have surgery, you expect to need time to recover from the incision and general purpose of the procedure. But you don't think about the potential of also having to recover from a serious surgical site infection.

Yet surgical site infections are far too common and can be dangerous or even fatal.

Why do surgical site infections happen? They happen because of some of the same reasons that all surgical errors occur, such as:

Surgeon, nurse or other medical staff fatigue
Unacceptable surgical environment or equipment
Lack of following appropriate protocol by surgical team
Distracted surgeon or other staff
Inexperienced staff or lack of training

What can a patient do to prevent a surgical site infection? Patients should work with their doctors to maintain controlled blood sugar levels before surgery, especially if diabetes is a factor. Taking a shower the day before or day of surgery is also recommended.

If you or someone you love has suffered a surgical site infection due to medical malpractice, you may need financial compensation to help cover the costs of medical care, loss of income and more. To find out if you have a case, please contact the Utah medical malpractice and surgical site infection attorneys at G. Eric Nielson & Associates, LLC: 866-605-4556.

Tort Reform Measures Will Not Reduce Health Care Costs

2010-01-08T21:09:00.000-08:00

I read an interesting news release posted here. I've posted it below, in its entirety, not only because it makes some great points, but because it's got the statistics and facts to back them up:

One of the most popular quick-fix cures touted for our ailing health care system is medical malpractice reform. Politicians like Rick Perry and Sarah Palin often point to Texas, which in 2003 imposed severe caps on non-economic damages. However, a recent report by the Congressional Budget Office (CBO) shows that even if the most far-reaching tort reform proposals were enacted, expected savings would amount to just one-half of one percent of total health care spending per year.

If patients' rights to compensation for pain and suffering were capped, punitive damages were limited, liability laws were modified and the statute of limitations was constricted, we would save about $11 billion a year, according to the nonpartisan agency. To put that number in perspective, Americans spend about that much each year on dog and cat food.

This figure is far lower than the claims made by advocates for medical malpractice reform. According to the Los Angeles Times, Sen. Jon Kyl of Ariz. recently claimed Americans would save "between $100 billion and $200 billion" if medical malpractice reforms were enacted.

The CBO's analysis is backed by a report from the General Accounting Office (GAO), which found that the potential savings from damage caps would not have a significant effect on the total costs of health care. The GAO asserted that a reduction of 25 to 30 percent in costs from medical malpractice litigation would lower health care costs by less than one-half of one percent.

"Defensive Medicine" Scrutinized

The CBO analysis also examined so-called "defensive medicine" procedures (extensive tests ordered by doctors to prevent mistakes and possible malpractice lawsuits). The agency found little evidence of the much-discussed phenomenon actually taking place.

To the extent that the agency did find evidence of "defensive medicine," it was mainly restricted to studies of Medicare. The agency found that if medical malpractice reform was enacted nationwide, the decrease in unnecessary "defensive medicine" would net three-tenths of one percent of health care costs.

The Opposite of What is Intended

The CBO report also suggests that limiting liability, a form of tort reform now on the books in over 40 states, has the opposite effect of what is intended. In other words, it raises health care costs rather than lowering them. The CBO states limiting liability "may increase the volume and intensity" of doctor services, raising costs for everyone.

A recent study by Americans for Insurance Reform shows that doctors in states that have enacted acute medical malpractice tort reforms have been subjected to the same insurance rate changes in medical malpractice premiums as those in states without these restrictions.

According to that study, the states with the highest liability insurance premium increases were among those with the most severe restrictions on patients' rights to compensation for preventable medical injuries: Florida, Nevada and Utah.

Diminished Quality of Care

The threat of medical malpractice litigation serves as a deterrent to doctors and hospitals who might otherwise provide substandard care. Removing this deterrent has negative effects on the quality of care American consumers receive from health care providers.

The landmark Harvard Medical Practice Study found that the "litigation system seems to protect many patients from being injured in the first place. And since prevention before the fact is generally preferable to compensation after the fact, the apparent injury prevention effect must be an important factor in the debate about the future of the malpractice litigation system."

A 2006 article in New England Journal of Medicine noted that malpractice litigation has motivated anesthesiologists over the past 25 years to improve their practice. The result has been a dramatic improvement in safety for patients: the risk of death from anesthesia dropped from 1 in 5,000 to about 1 in 250,000.

How has tort "reform" improved access to health care in Texas?

Texas leads the nation with 25 percent of its residents uninsured. It ranks 46th in the Commonwealth Fund's scorecard of state health care performance, 43rd in prevention and treatment, 48th in physicians per capita and 42nd in avoidable hospital use and costs. Finally, it ranks dead last, at 51, in access to medical care.

Cerebral Palsy & Hypoxic Ischemic Encephalopathy

2010-01-06T13:36:00.000-08:00

The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.

It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.

In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.

These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.

As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.

If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.

Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.

Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.

Utah's Legislature and Special Favors for Insurance Companies

2010-01-06T11:47:00.000-08:00

Article VI, Section 26 of the Utah State Constitution states, "No private or special law shall be enacted where a general law can be applicable."

Utah's constitutional framers included this provision in order to prevent the legislature from granting special privileges to individuals or corporations. The convention notes indicate that the framers were concerned with legislators who pass laws granting special privileges, for some at the expense of the rights of others. As Utah Constitutional scholar Jean Bickmore White has noted, this provision "express[es] the feeling that laws should not promote special treatment and should be administered even-handedly," and was specifically included as "a reaction to the corruption of some mid-nineteenth-century Legislatures." (The Utah State Constitution: A Reference Guide, at pp. 83-84.)

Notwithstanding this provision, the Utah State Legislature continues to enact special laws that permit negligent health care providers and their insurance companies to escape liability for their mistakes.

Last year, for instance, Utah enacted a law that raises the burden of proof for people injured by negligent emergency room doctors. This means that if you sue someone for causing a car accident, breaching a contract, or other civil wrong, you have a burden of proving your case by the "preponderance of the evidence;" in other words, you simply have to show that it is more likely than not that the other party is liable.

According to Utah politicians, however, Emergency Room doctors, however, are more special than everyone else. The new law passed last year says that if an emergency room doctor is negligent, and causes you harm, you have to prove your case by "clear and convincing" evidence. This is a much higher burden, one that is almost impossible to meet in most civil cases. Indeed, this is the same standard murderers must meet to overturn their convictions. This special law was enacted by the Utah State Legislature to benefit insurance companies, and it has produced its desired effect. Since its passage in 2009, there has not been a single case filed against an Emergency Room doctor in the State of Utah.

What this means for you is that if you have an emergency and go to the hospital, the doctors can render substandard care, and there is virtually nothing you can do about it.

Interestingly, when the medical lobby was urging Utah's legislators to pass this bill, the hospitals promised that they would permit state officials to conduct a performance audit to ensure that Utah citizens were still receiving adequate care.

Not surprisingly, however, the medical and insurance companies have gone back on their word. They have refused to permit the state to investigate the quality of emergency care in Utah.

Thankfully, one legislator is trying to hold these companies to their promise. Representative Lorie D. Fowlke (R. Orem) is fighting for the citizens of Utah, and is demanding that the state be permitted to conduct its audit of Emergency Care in Utah.

Last year, the legislature did corporations and insurance companies a big favor. Make sure those companies keep up their end of the bargain, and allow the state to ensure that quality health care is still available.

Contact Lorie Fowlke and tell her that you support her fight to restore accountability in Utah:

Lorie Fowlke
lfowlke@utah.gov
596 West 1200 north
Orem, UT 84057
(801) 255-0721

Also, contact these officials and let them know that you will not tolerate the insurance companies' efforts to keep secrets from you and other Utah citizens:

John Schaff
Legislative Auditor General
jschaff@utah.gov
W315 State Capitol Complex
P.O. Box 140151
Salt Lake City, UT 84114
(801) 538-1033

Curtis S. Bramble
cbramble@utahsenate.org
3663 North 870 East
Provo, UT 84604
(801) 373-1040

John L. Valentine
jvalentine@utahsenate.org
857 East 970 North
Orem, UT 84097
(801) 373-6345

Signs of Nursing Home Abuse or Neglect

2009-12-22T12:45:00.000-08:00

If you visit a family member or other loved one a nursing home facility, you can be instrumental in uncovering instances of nursing home abuse or neglect.

While this is not a topic any of us like to think about, we should all be aware of the signs that nursing home abuse or neglect may be occurring.

Mental Change/Signs Indicated Nursing Home Abuse or Neglect

Fearfulness
Increased agitation
Increased disorientation
Withdrawal from favorite activities/depression
Reluctance to communicate

Physical Changes/Signs Indicated Nursing Home Abuse or Neglect

Cuts, abrasions, bruises, swelling, welts
Fractured bones
More frequent "falls" reported
Sudden weight loss
Overmedicated
Bed sores/pressure ulcers

Environmental Signs Indicated Nursing Home Abuse or Neglect

Unclean bed linens or clothing
Lack of personal hygiene
Unsanitary environment
Smells of feces or urine
Unnecessary physical restraints near bed or wheelchair

If you believe your family member could be suffering from nursing home abuse or neglect, it is important to get not only medical help, but also legal assistance from an experienced nursing home abuse law firm. The Salt Lake City, Utah nursing home abuse lawyers with G. Eric Nielson & Associates, LLC are available to help at 866-605-4556.

Questions about Cerebral Palsy

2009-12-11T12:44:00.000-08:00

What, exactly, is cerebral palsy?

Cerebral palsy, a prevalent development disability, is the formal name for a set of incurable medical conditions that primarily affect a person?s ability to control muscles and body movement. Patients with cerebral palsy may have mental and/or physical delays, breathing difficulty, decreased range of motion, seizures and speech challenges.

Is CP considered brain damage?

Yes. Cerebral palsy is caused by a lack of oxygen to the brain during the prenatal and birth stages. In many cases, cerebral palsy brain damage is the result of a preventable, medical malpractice mistake.

What labor and/or delivery scenarios can lead to a child being born with CP?

Here are a few of the types of situations that can lead to cerebral palsy:

Taking too long to make the decision for a C-section
Misdiagnosing or failing to treat a mother?s illness, such as high blood pressure, during pregnancy
Missing a breech position diagnosis or a problem with the umbilical cord
Inaccurately estimating the baby's size
Unacceptable use of vacuum extraction

Consulting with an experienced fetal brain injury lawyer can help you establish whether you have a potential medical malpractice claim. At G. Eric Nielson & Associates, LLC, we offer a no-cost cerebral palsy case evaluation. Please call our Salt Lake City cerebral palsy attorneys at 866-605-4556.

Questions about Erb's Palsy

2009-11-29T12:41:00.000-08:00

What constitutes a brachial plexus (or Erb's Palsy) birth injury?
Erb's palsy is as an injury to the brachial plexus, a network of nerves between the shoulder and the neck. The purpose of the brachial plexus is to send nerve signals from the spinal cord to the shoulder, arm, wrist and hand.

Erb's palsy can results in a paralyzed or limp arm or hand, inadequate muscle control and numbness in the shoulder, arm, elbow and/or hand. Some cases of Erb's palsy can be directly linked to medical malpractice during a baby's birth.

How is Erb's diagnosed?
If an infant is showing signs of Erb's palsy, a medical doctor should conduct a thorough physical exam. Diagnostic tests can include an EMG and MRI, or other imaging test.

Are there different types of Erb's Palsy?

There are four types of Erb's palsy, each referring to a different degree of damage to the nerves: Neuropraxia, Avulsion, Rupture and Neuroma. Neuropraxia, or "Stretch of Praxis, is the most common and most likely to be the result of a medical mistake.

Are you concerned about paying for your child's Erb's palsy treatment? Do you believe a medical mistake caused the disability? Residents of Salt Lake City, Utah can contact G. Eric Nielson & Associates, LLC's Erb's palsy medical malpractice attorneys at 866-605-4556for a free case evaluation.

Questions about Medical Malpractice Cases

2009-11-20T12:40:00.000-08:00

Who can be held responsible for medical malpractice?

Certainly, surgeons and other types of doctors are the most common types of healthcare providers held responsible for medical malpractice cases.

But in some instances, other professionals and healthcare entities can also be found medically negligent, including but not limited to: hospitals or outpatient care facilities, nursing home facilities, nurses and nurse practitioners, emergency medical technicians, radiologists, dentists, pharmacies and medical lab facilities.

What is informed consent?

Often, before having any sort of medical procedure or treatment, a patient will be asked to sign an "informed consent" form. The legal definition of informed consent differs by state. But in general, informed consent indicates that the patient is making a knowledgeable decision about the procedure or treatment and that the healthcare provider has disclosed all of the information the patient might need to make his/her decision.

Healthcare providers who fail to get a patient's informed consent for a procedure or treatment that ends in harm to the patient may be found medically negligent.

How costly are medical malpractice cases?

The cost of a medical malpractice case can vary greatly depending on the complexity of the case. However, most highly regarded medical malpractice law firms do not charge a fee until after a case has been won, and then it is paid to the firm as a portion of damages recovered.

Do you have more questions related to medical malpractice? The reputable medical malpractice attorneys at G. Eric Nielson & Associates, LLC would be happy to discuss your case. Please contact us at our Salt Lake City, Utah office at 866-605-4556.

What Constitutes Medical Malpractice?

2009-11-06T12:38:00.000-08:00

Medical malpractice cases can be complicated and highly technical. But they can also be worth every cent and every minute spent pursuing them when it means patients who are injured by a medical mistake receive the compensation they deserve.

However, just because a physician or other healthcare professional makes an error, it does not automatically mean there has been an incident of medical malpractice.

Medical malpractice, or medical negligence as it is sometimes called, occurs when a healthcare professional, such as a doctor, nurse, surgeon or EMT, is careless in providing care or fails to act when treating a patient, and the outcome is injury to the patient.

Typically, to determine that an act of medical malpractice has taken place, experts will be asked to provide their professional opinions about what the appropriate standard of care would have been in that situation.

In addition, a patient's injury must be more than trivial harm. (Medical malpractice, of course, can also mean a consequence of wrongful death.)

Residents in Salt Lake City and surrounding areas can contact the experienced Utah medical malpractice attorneys at G. Eric Nielson & Associates, LLC via 866-605-4556 for assistance or fill out an online contact form.

Patient Controlled Analgesia Pumps

2009-08-26T08:56:00.000-07:00

While patient controlled analgesia (PCA) pumps offer patients greater control over the distribution of their pain medication following surgery, they also present a strong risk of serious injury if not used properly. Improper use of PCA pumps can lead to an overdose in pain medication, which in extreme cases may result in the wrongful death of a patient.

PCA pumps allow patients to administer their own pain medication by pressing a button which releases a controlled dosage of medication into their blood stream. These computerized pumps generally deliver pain medication intravenously.

The majority of PCA pump errors are not caused by product defects. Instead, these tragic injuries are usually the result of medical malpractice.

Since PCA pumps are controlled by the patient, it is crucial that doctors and nurses fully understand how to program the machine to ensure that a proper dosage of medication is being administered. Furthermore, it is important for health care professionals to carefully monitor their patients when using PCA pumps to prevent the possibility of an overdose.

When doctors and nurses fail to properly monitor patients on PCA pumps, they may miss signs of sleep apnea or renal impairment. If prompt adjustments are not made to the dosage of pain medication, patients may go into fatal respiratory arrest.

If you or a loved one has suffered an injury from a medical professional's failure to properly monitor your PCA pump, you may be entitled to receive compensation through a medical malpractice lawsuit. The Salt Lake City medical malpractice lawyers at G. Eric Nielson & Associates can help you hold negligent doctors and nurses accountable for their actions so that you can receive the compensation you deserve.

If you have a PCA pump malpractice claim, please contact our Utah personal injury firm today to schedule your initial consultation. G. Eric Nielson & Associates, L.L.C. serves clients in the Salt Lake City, Price, and Tooele, Utah areas.

Gentamicin Poisoning Claims

2009-08-14T08:53:00.000-07:00

If you have suffered inner ear or kidney damage from taking the antibiotic Gentamicin, you may be entitled to receive compensation for your injuries. It is important to speak with one of our Salt Lake City medical malpractice lawyers immediately if you think you have a claim. There are time limits imposed on the filing of these lawsuits, and if you miss an important deadline, you may be unable to receive the compensation you rightfully deserve.

There have been many reports of patients suffering Gentamicin poisoning from taking this drug. Often, Gentamicin poisoning occurs as a result of improper administration of the antibiotic by a health care professional. Common examples of medical negligence leading to Gentamicin poisoning include:

Administering treatment for a long period of time
Prescribing a high dosage of the drug
Failing to monitor Gentamicin blood levels or kidney function
Failing to prescribe a less dangerous antibiotic when appropriate

The majority of these claims fall under medical malpractice law. In general, the party most commonly responsible for committing negligent behavior in these claims is your physician, hospital, or home health agency. While it may be possible to file a defective drug claim against the pharmaceutical company, these cases are less common.

Gentamicin poisoning most often leads to severe inner ear damage. Common symptoms include:

Blurred vision
Balance problems
Vertigo
Dizziness
Nausea
Ringing in the ears (tinnitus)

Often, medical expenses and rehabilitation costs are very high after Gentamicin poisoning. Since there is no cure for this condition, you may require long term medical care in order to cope with your injuries. It is important to receive a settlement that will ensure you will not experience financial hardship as a result of this injury.

Our lawyers have a great deal of experience handling Gentamicin claims, and we can help you receive the compensation you need to move on with your life. If you have a Gentamicin claim, please contact our Salt Lake City personal injury lawyers today to schedule your free consultation. G. Eric Nielson & Associates, L.L.C. serves clients in the Salt Lake City, Price, and Tooele, Utah areas.

Utah Medical Errors Are Increasing

2009-06-29T08:55:00.000-07:00

Today the Salt Lake Tribune is reporting a significant increase in the number of reported medical mistakes in Utah hospitals.

Utah law requires health care providers to report so-called "sentinel events." Utah Administrative Code Rule R380-200-2 defines a "sentinel event" as "an event which has resulted in an unanticipated death or major permanent loss of function, not related to the natural course of the patient's illness or underlying condition or is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function."

As you can see from the graph, the number of reported events has increased dramatically since 2002. As reported, the state has begun tracking a greater number of events, which likely accounts for the increase. What the report fails to discuss, however, is how many of these "sentinel events" go unreported by health care providers and medical facilities. Indeed, that is one flaw with the system--it relies on doctors and companies to self-report their mistakes. Obviously, they have an incentive to under-report their negligence.

Because our practice is focused on Utah medical malpractice cases, we hear directly from the patients, not the health care administrators. I can assure you, there are many more instances of medical negligence resulting in "death or serious physical or psychological injury" than have been reported. For instance, we recently settled a case involving the wrongful death of a gentleman who underwent a routine hernia repair operation. During the procedure, the surgeon perforated the patient's bowel, resulting in bacterial contamination and sepsis. Although the patient was in the intensive care unit, the nurses failed to monitor his temperature and fluid levels. Not surprisingly, the patient's condition deteriorated, but instead of paging the on-call doctor, the nurses left a phone message with the wrong physician. By the time doctors were able to respond, it was too late, and the patient died, leaving a widow and several adult children.

Despite the obvious errors and the resulting death, the hospital never reported it as a "sentinel event." Additionally, the surgeon who perforated the bowel talked the family out of an autopsy, claiming that "it wouldn't do any good." Although they were given many opportunities to take responsibility for the seriousness of their errors, the providers instead denied any liability, and the insurance companies hired a team of lawyers to prevent the family from discovering how their husband and father had died.

Medical malpractice is increasing, and is being defended more aggressively by insurance companies and their lawyers. As the recent report indicates, some of these cases are being reported to state officials. But nobody is taking care of the victims of these serious medical errors. As in the example listed above, negligent doctors and nurses refuse to admit their mistakes, and their insurance companies will do all they can to avoid paying for outstanding bills, lost wages, and pain and suffering. That's why the Utah medical malpractice lawyers at G. Eric Nielson & Associates are here. The insurance companies have lawyers working hard to defend substandard care; you need aggressive, experienced legal advocates on your side as well.

If you or someone you know has been the victim of medical negligence, call and discuss your rights with an attorney today: (801) 424-9088.

Missed Diagnosis is a Common Mistake

2009-06-24T17:07:00.000-07:00

When you go to a hospital or doctor's office, you are putting your trust in the people who provide you with care. You expect that they have been trained as professionals; that they have special training and skills that will enable them to help you.

Unfortunately, although professionals should follow the standard of care, they can make mistakes. Everybody makes mistakes, of course, but in our society, we are required to be accountable for the mistakes we make.

One of the more common medical mistakes that is made is incorrect diagnosis of symptoms. Some doctors make medical decisions based on pamphlets provided to them by pharmaceutical salesmen rather than peer-reviewed medical literature. Other doctors will treat symptoms as a minor, common ailment while ignoring signs of critical diseases.

In a recent case we handled, a patient went to his primary care physician for over a year complaining of chest pain. Because his doctor was interested in lungs and pulmonary medicine, the doctor treated the chest pain as asthma. Unfortunately, the chest pain was not asthma, but rapidly progressing heart disease. Although none of the asthma treatments resolved the patient's symptoms, the doctor stubbornly adhered to the original diagnosis and treated it like asthma. Worse, the undetected heart disease advanced to the point where one of the patient's arteries became totally occluded. He suffered a fatal heart attack, leaving behind a loving wife and six beautiful children.

If the heart disease had been detected when the symptoms first began, minor medical treatment would have saved his life. Because the doctor missed the correct diagnosis, a loving wife lost her husband, and children lost their father. Although it was an obvious mistake, the doctor denied any wrongdoing. In this case, the doctor even refused to turn over medical records to the family, who were simply looking of answers. Rather than accept responsibility, the doctor's insurance company hired some of the most expensive lawyers in Salt Lake City to aggressively defend the negligence. Thankfully, the medical malpractice attorneys at G. Eric Nielson & Associates were able to recover a substantial settlement for the family. Although nothing can bring back their beloved husband and father, the family's financial needs can now be met.

This is just one of dozens of examples of physicians who make critical mistakes that result in tragedy. The legal system exists to help hold people--including doctors--accountable for their mistakes. The Utah medical malpractice lawyers at G. Eric Nielson & Associates will fight for your rights, and help you recover for negligence, including missed diagnosis of serious conditions such as heart disease or cancer. Call today to set up a free, confidential, and no obligation consultation with an experienced malpractice lawyer: (801) 424-9088.

Gentamicin Toxicity Can Be Prevented

2009-06-04T21:12:00.000-07:00

Gentamicin is a powerful antibiotic that is used to treat various bacterial infections, especially those caused by gram-negative bacteria. �It belongs to a class of antibiotics called "aminoglycosides," which have proven to be effective against certain bacteria that may be resistant to other, more conventional antibiotics.

While gentamicin can be an effective treatment, it must be carefully administered. �It is nephrotoxic, which means it can have a detrimental effect on kidney function. �If a doctor prescribes gentamicin, but does not closely monitor the patient's renal function, the serum levels of the drug can build up and cause acute renal impairment such as tubular necrosis.

Additionally, if gentamicin concentrations are too high, it can also damage the eighth cranial nerve, resulting in permanent, irreversible vestibular dysfunction. �Symptoms of this include dizziness, loss of balance, and vertigo. �Additionally, in some cases, this ototoxic reaction can result in auditory damage and hearing loss.

We have unfortunately been seeing a significant increase in doctors who prescribe gentamicin, but who fail to closely monitor their patients. �Additionally, some doctors have been giving gentamicin to their patients when other, less harmful antibiotics would suffice. �This negligence has resulted in dramatic harm to patients, particularly the elderly.

All medical treatment carries some risk, but those risks can be avoided by close clinical supervision. �When health care providers put their own convenience before the safety of their patients, tragic and avoidable injuries can occur. �Failure to monitor patients on gentamicin is medical malpractice.

The lawyers at G. Eric Nielson & Associates are experienced at handling gentamicin and other aminoglycoside negligence cases. �We have a national network of medical experts who can help review your case and determine whether you have suffered eighth cranial nerve damage or renal impairment due to gentamicin toxicity. �If you or someone you know has experienced symptoms of dizziness, loss of balance, or vertigo after being given gentamicin, call us at (801) 424-9088 for a free, no obligation consultation today. �We understand the medicine, we know the law, and we can help.

Accountability

2009-06-03T12:40:00.000-07:00

The playwright Jean-Baptiste Poquelin, better known as Moli�re, said "It is not only what we do, but also what we do not do, for which we are accountable."

The law exists to ensure that those with special duties are held accountable for performance of those duties. In the case of physicians and other health care providers, this includes ensuring that they adhere to professional standards of care.

Patients are entitled to hold those professionals accountable when things they do, or things they do not do, cause harm. Often, patients believe that if they have been harmed by the result of professional negligence by a health care provider, the risk managers or insurance companies will "do the right thing" and help resolve the issues of lost wages, medical bills, and pain and suffering.

But medical malpractice cases are not like auto accidents, and insurance adjusters and defense lawyers try to settle malpractice claims for pennies on the dollar, if they are willing to settle at all. Often, these insurance companies will push the case to trial, and if you do not have skilled legal representation that has experience litigating complex medical malpractice cases, you risk losing your case as well as your health.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates have a history of holding negligent health care providers accountable for their mistakes. Medical malpractice law is all we do. Call and speak to a Utah medical malpractice attorney directly at (801) 424-9088.

Erb?s Palsy is a Preventable Birth Injury

2009-05-20T13:37:00.000-07:00

The group of nerve fibers known as the brachial plexus runs from the spine to the neck, arm, and armpit. It is also responsible for nerve impulses affecting both the muscles and the skin.

When babies are born, an injury to the brachial plexus may occur, which can result in severe nerve damage or paralysis to the hand, arm, or shoulder. These types of injuries are also known as Erb's palsy. It is estimated that one or two babies out of every thousand will be born with Erb's palsy, especially during difficult births. A difficult birth includes having a large baby, prolonged labor, or a breech birth. However, Erb's palsy may also occur when the mother is improperly positioned, or if the nurse or doctor in the delivery room uses too much force in extracting the baby from the birth canal. These are cases in which Erb's palsy may be prevented.

There are four types of brachial plexus injuries:

Stretch/neuropraxia/praxis injury - the brachial plexus is damaged, but not torn, which may cause swelling, compression, bruising, or over-stretching. This type of injury may heal over a period of time
Neuroma - Scar tissue around the injury in the brachial plexus causes the nerves from sending messages properly to the muscles. The only way to remove scar tissue is through surgery
Rupture - Tears in one or more places in the brachial plexus are evident, but the nerves are still attached to the spinal column. Surgery may be required, but the damage is usually permanent
Avulsion - Nerves are torn from the spine, which permanently damages the affected area. This is the most serious type of brachial plexus injury

Erb's palsy is also associated with Shoulder Dystocia. This occurs when the baby's head has been delivered, but the mother's pelvic bone is blocking the baby's shoulders. This can cause oxygen deprivation, which may cause brachial plexus injuries, neurological problems, or even kill the baby.

Hospital protocols are in place to avoid injuries like Erb's palsy, but they continue to occur. If you feel your child's birth injuries could have been prevented, please contact the experienced Salt Lake City Erb's palsy attorneys at G. Eric Nielson & Associates.

Causes of Birth Injury

2009-04-24T09:14:00.000-07:00

When a baby is born with a birth injury, it?s not uncommon for there to be a lot of unanswered questions. What really happened to cause the problem? Was the injury preventable? Was a doctor or other healthcare entity at fault?

What?s even more frustrating is that it?s also common for the medical community to ?circle the wagons? and be hesitant in providing information that would help answer important questions.

That?s where an experienced, respected medical malpractice law firm can help work through the complicated process to find the answers you need.

Just a few of the most prevalent types of birth injury cases include:
? Erb?s palsy
? Cerebral palsy
? Shoulder dystocia
? Delayed delivery
? Misuse of forceps or vacuum extraction
? Brain trauma or other damage
? Nerve injury
? Blindness
? Premature birth
? Wrongful death

At G. Eric Nielson & Associates, we give our clients the personal attention they deserve, backed by more than 20 years of experience. We work hard to dig deep into the medical and procedural issues involved in birth injury cases.

If your child suffered a birth injury and you reside in the Salt Lake City, Utah, area, please contact our medical malpractice and birth injury lawyers at 1-866-605-4556.

Fetal Brain Injury

2009-03-20T14:06:00.000-07:00

Few things can be as devastating to parents as the news that their newborn baby has suffered a fetal brain injury. In so many cases, gone are the hopes that their child will live a normal life without ongoing special care and therapy.

What is a fetal brain injury? It happens when a baby?s brain is somehow damaged during the mother?s pregnancy, labor or delivery. These types of birth injuries can often be associated with either a large amount of pressure on the baby?s brain or a lack of oxygen to the brain tissue.

Perhaps even more devastating to families is the realization that their child?s brain injury was caused by a preventable medical mistake. In these instances, families may have grounds for financial compensation in a medical malpractice civil case.

A few medical conditions associated with fetal brain injury include:
? Cerebral palsy
? Brain asphyxiation
? Hypoxic injury
? Forceps or vacuum extraction injury
? Hematosis
? Seizures at birth
? Stillbirth

Has your child suffered a fetal brain injury? Residents of the Salt Lake City, Utah, area and surrounding communities, please contact the experienced birth injury law team at G. Eric Nielson & Associates at 1-866-605-4556. Known for our aggressive pursuit of compensation for our clients, we?ll work tirelessly on your behalf.

Birth Injury Treatment

2009-03-12T08:15:00.000-07:00

When your child suffers a severe birth injury, such as cerebral palsy, you?ll want to do anything you can to help that child achieve a good quality of life.
Unfortunately, there is no cure for most birth injuries that involve significant damage to the brain.
The good news, though, is that there are a variety of treatment options out there that can make a difference, such as:
? Physical therapy ? to help with coordination, balance, strength and muscle flexibility.
? Behavior therapy ? to improve communication skills and deal with any behavior problems
? Speech therapy ? to refine speaking and eating skills.
? Occupational therapy ? to work on motor skills, everyday tasks and self-sufficiency
? Medications ? to help control seizures and spasms.
? Surgery ? to treat contracting muscles and tendons and increase range of motion
Ongoing treatment for a cerebral palsy patient will take significant monetary resources. If you think your child?s cerebral palsy was caused by medical malpractice, you could have a case for compensation. Please contact our Salt Lake City, Utah, birth injury trial specialists at G. Eric Nielson & Associates today to schedule a free consultation. Our number is 1-866-605-4556. Remember, medical malpractice is all we do.

Cerebral Palsy

2009-01-26T16:50:00.000-08:00

Parents of children with cerebral palsy may be interested in a new documentary due out in this year called, Hemispheres: A Documentary on Cerebral Palsy. The film focuses on cerebral palsy research and possible cures, along with an inspirational patient story.

Cerebral palsy is a life-altering, permanent medical condition that can be caused by a birth defect or a birth injury. The condition, linked to irreversible brain damage, affects the body?s ability to control muscle movement. Affected babies often need special medical care for the rest of their lives.

Cerebral palsy can be directly related to medical mistakes. For instance, a doctor could:

Leave a baby in the birth canal too long
Delay an necessary emergency cesarean section
Not recognize a problem with a twisted umbilical cord
Fail to monitor and react to fetal distress

Pregnant women entrust not only their own health, but also that of their new baby to their medical team. Unfortunately, doctors and other professionals, especially those who are inexperienced, can miss signs of problems. Even experienced physicians can be careless and rushed.

If you gave birth to a child diagnosed with cerebral palsy and believe the condition was caused by medical malpractice, we can help. Please contact the experienced cerebra l palsy attorneys at G. Eric Nielson & Associates at 1-866-605-4556.

Delayed Delivery

2009-01-12T09:00:00.000-08:00

During a pregnancy, a mother is usually meticulous about how she takes care of herself. All of that care can be for nothing, however, when a doctor in charge of the labor and delivery fails to act quickly to a fetus in distress and waits too long to move forward with an emergency cesarean section ? or fails to perform one at all.

When a baby is allowed to be in distress too long, often resulting in a lack of oxygen, it?s called a ?delayed delivery.? Delayed deliveries can cause severe birth injuries, such as damage to the brain and cerebral palsy.

Some of the questions to ponder in cases of delayed delivery and possible malpractice include:

Did your medical team recognize and react to your baby?s distress during labor?
Was the labor and delivery department fully staffed? (If not, this could be hospital negligence.)
Did your doctor arrive quickly to handle your delivery?
Did your doctor fail to calculate your baby?s size correctly?

At G. Eric Nielson & Associates, we can help discover what really happened after a delayed delivery. If your child suffered an injury due to a delayed delivery, and you live in the Salt Lake City, Price, Tooele and surrounding Utah areas, please contact our birth injury lawyers at 1-866-605-4556.

Failure to Diagnose Aortic Dissection

2008-11-19T12:27:00.000-08:00

An aortic dissection occurs when the inner layer of your aorta, the main artery in your body, tears. As a result, blood pours through to the middle layer of the aorta, causing the middle and inner layers to separate. If the tear goes all the way through to the outside aortic wall, the condition will most likely result in death.

This is a very rare condition; however, it can potentially occur in anyone. Men ages 40 to 70 are at greatest risk of aortic dissection. Unfortunately, the symptoms resemble those of many other diseases, which can cause a delayed diagnosis.

Aortic dissection is a very serious condition that must be attended to immediately. If it is caught early enough, you are much more likely to survive the incident. Any delays in diagnosis or treatment will most likely prove fatal.

Some of the most typical symptoms include sudden severe chest or upper back pain, loss of consciousness, shortness of breath, weakness, and stroke.

If your doctor fails to correctly diagnose your aortic dissection, he may be held liable for medical malpractice. Generally, the key to successfully proving malpractice in an aortic dissection case hinges on the time between the failure to diagnose the condition and the death of the patient. If there is at least one or two hours between misdiagnosis and death, the doctor had enough time to save the patient?s life. If he failed to do so, he is most likely guilty of malpractice.

At G. Eric Nielson & Associates, we specialize in handling medical malpractice cases. If you have a loved one who has died from misdiagnosis of an aortic dissection, we can help you recover damages for your loss.

Please contact G. Eric Nielson & Associates, LLC today to schedule a free consultation with one of our experienced medical malpractice attorneys.