G. Eric Nielson & Associates, LLC

One study, conducted by HealthGrades, found that "failure to rescue" (identify and treat heart disease in time) was responsible for 155 out of 1,000 hospitalized patients. But the study did not break down the numbers into types of misdiagnosis, delayed diagnosis or other factors.

Another study surveyed patients seeking opinions about medical mistakes. The National Patient Safety Foundation found that of the people who reported a medical error about 40% blamed it on a "misdiagnosis or treatment error."

Misdiagnoses have been studied in hospital emergency departments across the United States - ranging from in rate from 20 to 40 percent. These particular misdiagnoses are estimated to be higher than those of the overall health care industry due to the critical and time-sensitive nature required of these diagnoses.

Malpractice and misdiagnosis
It is also interesting to note that a large proportion of medical malpractice cases are based on misdiagnosis or delayed treatment of serious conditions. The top five malpractice-risk conditions are:

• Myocardial infarction (cardiovascular disease)
• Breast cancer
• Appendicitis
• Lung cancer
• Colon cancer

Nearly all these suits involve cases of misdiagnosis or mismanaged diagnostic tests resulting in delayed treatment.

To learn more about what you can do if you have suffered due to a missed diagnosis, please contact the law office of G. Eric Nielson & Associates, serving clients in Salt Lake City, Price, Tooele and surrounding areas of Utah.

As a parent, you have hopes and dreams for your child. You fantasize what he or she will be like as a toddler, as a fifth grader, as a teenager. When you find out that your child has a serious disability, it may impact how you envision the future.

Your dreams are replaced with frustration. You are likely to experience bouts of denial, guilt and anger. These feelings are natural and healthy. Coming to terms with your emotions is necessary before you can begin devoting all your energy to your child's success.

Apart from financial stress associated with the medical requirements of the child, there is a whole gamut of emotional, social, physical and academic trauma that will face both your child and you - the parents. Challenges for the whole family will ensue and will continue to do so for years.

While there is a growing awareness of disabilities, the acceptance of a child with one like cerebral palsy remains far from where it should be. This only creates a more challenging and emotionally trying situation for your child as he or she ages.

To be able to endure a lifetime of challenges, parents must understand and fully accept your child's condition as soon as possible. Then seek an early intervention program as well as educational assistance to help your child become active and self-reliant.

Keep in mind that the most important aspect of rehabilitation is love, care and encouragement.

To learn more about cerebral palsy and how medical error can cause this devastating condition, please contact the office of G. Eric Nielson & Associates today to schedule your initial consultation.

Childbirth is supposed to be one of the most joyous occasions in a woman's life; however, sometimes there are problems during childbirth that can result in your newborn suffering severe, maybe even lifelong injuries.

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Today the Utah Court of Appeals issued its decision in Harper v. Evans, 2008 UT App 66, --- P.3d ---. The court upheld a trial court's ruling that the patient had delayed in bringing her claim to court, and the statutory time limit for doing so had expired.

Statutes of limitation--laws that place limits on how long an injured person has to sue--are just one of the many legal pitfalls facing malpractice victims. There are some narrow exceptions and statutory tolling provisions, but as Harper illustrates, courts are generally strict in enforcing the time limits.

If you believe you have been injured by medical error, do not delay in seeking legal advice. Even if your claims have merit, you can be precluded from any recovery if you wait to long. You should seek legal assistance immediately.

When antibiotics were first developed in the early twentieth century, they were a medical miracle. Since then they have saved millions upon millions of lives. They continue to treat many illnesses, but there has been recent concern that they may be over-prescribed. Over-prescription can lead to a number of health problems in patients who have ingested too much.

Gentamicin is a commonly prescribed antibiotic used to treat a number of bacterial infections. When administered properly and in effective doses it can be extremely helpful. When over-prescribed, it can lead to gentamicin ototoxicity, damaging the inner ear where our sense of balance is maintained.

Gentamicin ototoxicity is the primary cause of bilateral vestibulopathy. The vestibular system is responsible for balance. When too much gentamicin is prescribed, the vestibular system in both ears can be damaged, affecting balance and vision.

People suffering from bilateral vestibulopathy may suffer from the following symptoms:

• Vertigo
• Visual blurring
• Difficulty seeing while driving
• Difficulty recognizing faces while walking

When a medical professional prescribes gentamicin for too long a period of time or at too high a dose, there may be an issue of medical negligence. Most individuals are not aware of the dangers associated with overdoses of antibiotics like gentamicin. When damage is done, many will not connect the injury to the use of the drug.

At G. Eric Nielson & Associates we are not doctors but we do understand the technical and complex issues surrounding gentamicin ototoxicity and vestibular dysfunction. We can help you understand whether your vestibular dysfunction was a result of medical negligence and can help you receive compensation for your injuries.

Today the Utah Supreme Court issued its decision in Sorenson v. Barbuto, 2008 UT 8, --- P.3d ---, which upheld important patient confidentiality rights.

In Sorenson, Nicholas Sorenson was injured in a car accident. He sought treatment from Utah physician Dr. Barbuto. When Mr. Sorenson brought a personal injury claim, his treating physician, Dr. Barbuto, went to work for the defense lawyers. Dr. Barbuto told the lawyers confidential information about his patient; information that was different from what he'd put in the medical records. The defense lawyers even tried to use Dr. Barbuto--the patient's own physician--as an expert witness in the case.

The district court disallowed it, however, and Mr. Sorenson prevailed on the merits of his personal injury claim. He then brought a separate action against Dr. Barbuto for violating his duty to protect the confidentiality of the physician/patient relationship. At first, the district court dismissed Mr. Sorenson's claim against Dr. Barbuto. But the Utah State Court of Appeals reversed that decision, and held that doctors cannot engage in ex parte, or "one-way," communications with anyone--including defense lawyers--about their patients, without violating their duties to the patient.

Dr. Barbuto took the Court of Appeals' decision to the Utah Supreme Court, which affirmed the lower court's ruling, and went one step further. The Utah Supreme Court also declared that it is unethical for defense lawyers to initiate or engage in ex parte communications with a patient's treating physicians, even when the patient is involved in a lawsuit.

This is an especially important decision in Utah, and for medical malpractice cases. The Utah Medical Insurance Association (UMIA) insures the vast majority of doctors in the state. If you have a medical malpractice claim against one doctor, and are seeing another one for treatment of your injuries, chances are, UMIA insures both of them. The defense lawyers that work for the insurance company can no longer call treating physicians and ask them for help in defending another physician's negligence.

This is a good decision, because it ensures that when you are seeing a doctor for treatment--even for injuries caused by another negligent health care professional--your communications will not be used against you. Further, it guarantees that any information treating physicians have will be disclosed under court supervision, pursuant to an oath of honesty.