This time of year is important to all of us at G. Eric Nielson & Associates, as it probably is to most of you.  We’re very thankful to have the opportunity to represent so many fine people.  Our clients are the most important part of our practice, and are the reason we fight.

We’re grateful to be inspired by people who have been hurt through no fault of their own, but who are working through their injuries and setting examples for all of us.

We are also thankful to live in a country like the United States, where justice means something, and even the little guy gets a chance to stand up for what is right.

From all of us at G. Eric Nielson & Associates to all of you, we wish you a very Happy Thanksgiving!

One of my first jobs was working construction with my dad during the summer.  Although he had a general contractor’s license, he really considered himself a finish carpenter–he was always good with details.  He taught me that even though he could probably figure out how to do the various jobs associated with building a home like the concrete work and the drywall, the overall project would be more successful if he let the specialists do their job while he did his.  “If it were my house,” he said, “I wouldn’t want the electrician putting in my plumbing.”

That was the first thing I thought of when I read the recent reports claiming that “Only 1 in 5 medical malpractice cases pay.”  The news reports refer to the conclusions from a study published in the New England Journal of Medicine analyzing malpractice risks by area of specialty.  Significantly, the authors found that contrary to popular belief, there are actually very few so-called “frivolous lawsuits” filed against doctors.  One of the study’s lead authors, Professor Amitabh Chandra, even said what I’ve known for years: given the time and expense of prosecuting a malpractice case, “a lawyer would have to be an idiot to take a frivolous case to court.”

So if frivolous lawsuits aren’t really being filed in the first place, then why are so few cases successful?  I can’t help but think that many of those cases were not being filed by the right lawyer for the job.  Just as my dad wouldn’t build a house with an electrician installing the plumbing, people injured by medical negligence should be wary of hiring just any lawyer to handle a medical malpractice case.

At G. Eric Nielson & Associates, we don’t do divorces.  We don’t do bankruptcies.  We don’t practice criminal law.  Our practice focuses exclusively on medical malpractice.  These cases are among the most complicated forms of civil litigation.  The laws are complex, and so is the medicine involved.  You can’t afford to hire a lawyer that isn’t experienced in medical malpractice law with a demonstrated track record of success against the insurance companies and attorneys that defend negligent doctors and hospitals.  If you or a loved one have been injured by medical negligence, make sure you get the right lawyer for the job.  Call G. Eric Nielson & Associates at 801-424-9088 for a free, no obligation consultation today.  Don’t let your case be one of the many that are won by careless physicians and their insurance companies.

Today a jury found physician Dewey MacKay guilty of forty counts of illegal distribution.  This conviction follows the recent guilty pleas entered by two other Utah doctors, Warren Stack and Max Cannon.  The actions of these physicians were deemed to be not just negligent, but criminal.

All three of these doctors were dispensing powerful analgesic drugs–painkillers–in high amounts.  Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.

Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient’s pain management regimen.

Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even wrongful death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Dr. MacKay, Dr. Stack, and Dr. Cannon were all using their patients’ addiction for selfish reasons.  Other doctors, however, are also over-prescribing these drugs, or improperly supervising a patient’s pain management regimen.  While this is not criminal activity, it is medical malpractice.  Negligent prescribing and monitoring of painkillers can cause serious personal injuries and give rise to medical malpractice claims.

Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a “slow” drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.

If you or someone you know has been over-prescribed painkillers by a doctor, you should contact a medical malpractice attorney immediately.  Our legal team has successfully handled many cases of medical negligence involving narcotics, and we can help you get the answers you need.  Call today for a free, no obligation consultation: 801-424-9088.