Utah Personal Injury Lawyer Blog

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.

Labels: Medical Malpractice, surgical error

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.

Labels: Medical Malpractice, Utah Personal Injury Attorneys

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.

Labels: hospital liability, Litigation, Medical Malpractice, Misdiagnosis

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.

Labels: gentamicin, Medical Malpractice, pharmaceutical error

The State Constitution guarantees Utah citizens the right to petition the courts for justice. When someone has been injured by medical malpractice, he or she has a right to seek judicial redress. Getting to the courthouse, however, can be a tricky process.

Although you are free to represent yourself in court, medical malpractice cases in Utah are extremely complex, and you should seek the assistance of a medical malpractice attorney. At G. Eric Nielson & Associates, medical malpractice is all we do. Our lawyers specialize in navigating the legal hurdles and overcoming the medical obstacles that stand between you and justice.

PRE-LITIGATION

Before your claims can be heard in court, you must first participate in an administrative, "pre-litigation" hearing before the Division of Occupational and Professional Licensing ("DOPL"). To initiate the pre-litigation proceedings, there are several technical filing requirements that must be met. Once the proper pleadings are filed, DOPL will schedule a hearing. This hearing, which is required in most medical malpractice cases, is presided over by a panel that includes an attorney, medical professionals, and a lay person. While the formal rules of evidence do not apply, you must still explain the basis for your claims and describe your injuries. Following the hearing, the panel will deliberate and issue a non-binding opinion of "meritorious" or "non-meritorious." DOPL will then issue a "Certificate of Compliance," which is required to have your claim filed with the courts.

MEDIATION

Mediation is a form of informal dispute resolution. Following the DOPL proceedings, or at any time during the pendency of a case, the parties may agree to have the dispute mediated. A mediator is a neutral third party, usually with substantial experience in medical malpractice cases. The mediator can help all of the parties to see both sides of the issues, and reach an agreement that is mutually satisfactory. Sometimes, even if an agreement cannot be reached, a mediation session can help the parties to focus on the important issues, such as the quality of the care rendered or the measure of economic damages the malpractice victim can expect.

LITIGATION

Following the DOPL proceedings, the most common step is for the claim to be filed with the court. Once a claim has been filed, all of the parties will proceed with "discovery." This is a period of investigation where all sides have the opportunity to discover exactly what happened. During the first phase of discovery, the parties exchange documents, written questions, and depose fact witnesses. Because medical malpractice cases often involve complex areas of science and medicine, expert testimony is also required. During the second phase of discovery, the parties exchange expert witness reports and conduct further depositions.

After discovery is closed, the parties have an opportunity to address various legal issues with the judge. This pre-trial phase is designed to streamline the trial and resolve any uncontested issues before trial. During the trial, you will have an opportunity to tell a jury exactly what happened. The medical experts will also testify, and the lawyers for both sides will argue their claims to the jury. The jury will make a decision based on the evidence, and issue a judgment.

POST-TRIAL & APPEALS

Often, the trial is the final stage in the litigation. Sometimes, however, complicated legal issues or other technicalities may require post-trial proceedings, or in some cases, appeals from the District Court to one of Utah's appellate courts.

ARBITRATION

Like mediation, arbitration is a form of alternative dispute resolution. Unlike mediation, however, the results are binding on the parties. Additionally, arbitration forces patients to waive numerous constitutional rights, such as the right to a jury, and requires patients--who are often already struggling under the weight of lost income, disability, and unpaid medical bills--to pay extra for a private arbitrator out of their own pockets.

Big businesses, including the health care industry, like to tout compulsory arbitration as a remedy to "frivolous" lawsuits and the health care "crisis." The truth, however, is that the health care industry favors arbitration for one simple reason: they have the advantage. Indeed, as Harvard Law Professor Elizabeth Warren recently noted, "Arbitration may seem like the Andy of Mayberry form of dispute resolution--folksy, cheap and fair. The data suggest, however, that it is Darth Vader's Death Star--the Empire always wins."

Health care corporations can easily outspend injured victims in an arbitration setting. Additionally, health care arbitrators know that if they rule against the health care companies, they will be "blacklisted" from ever arbitrating another case. Thus, health care providers take advantage of this method of dispute resolution. Many doctors, acting at the instruction of their insurance carriers and attorneys, now force their patients to sign binding arbitration contracts, even before disputes arise. Patients accept these arbitration agreements because they trust their doctors, and many feel that they will be denied health care if they refuse to sign.

In reality, arbitration takes just as long, and is even more expensive than, traditional litigation. The parties still have to go through discovery of fact and expert witnesses, but without the benefit of judicially prescribed procedures designed to level the playing field. Additionally, without access to judges and juries, malpractice victims are often unable to finance the private "pay to play" system of arbitration, and the health care companies win by default.

PROTECT YOUR RIGHTS

If you or a loved one has been injured by medical malpractice, contact the Utah malpractice lawyers at G. Eric Nielson & Associates today. Our practice is limited to representing people injured by medical malpractice, and we specialize in the complicated legal and medical issues involved in a medical malpractice case. Call and speak with one of our Utah medical malpractice attorneys today, or contact us online. The consultation is free, and you pay no attorney fees unless we recover for you.

Labels: Arbitration, Litigation, Mediation, Medical Malpractice

Insurance Companies, managed-care organizations, doctors associations and other special interests groups in the health care industry seeking malpractice-liability "reforms" have sought to shift the blame for medical malpractice premiums on to the civil justice system. These same advocates often go as far as to blame the alarming lack of access to affordable, quality healthcare in the United States onto malpractice victims and their attorneys. These special interest groups have engaged in heavily funded campaigns to convince the public that rising health care costs are a direct result of a rise in merit less medical malpractice claims. However, these assertions are not based on careful analysis but on unfounded claims, fears, and misinformation which has had the unfortunate effect of discouraging many patients from pursuing well justified claims involving serious injuries caused by negligent health care providers.

In the face of such claims it's important to look at the facts. A report by the Institute of Medicine, the nation's most respected adviser on medical science, found preventable medical errors to be the eighth-leading cause of death in the U.S., contributing to up to 98,000 deaths annually. A study by the New England Journal of Medicine found that 13 out of every 100 patients are subjected to medical malpractice. Several studies suggest that for every 25 patients who are injured by a negligent doctor, only 1 of those patients will ever file a law suit.

America does indeed face a healthcare crisis in the form of widespread medical errors that often go unrecognized and uncorrected. Far too many doctors are injuring their patients, this is the real crisis. Additionally, the country faces a medical insurance crisis as insurance companies and special interest groups have succeeded in distracting legislative and public attention away from the real problems in the medical and insurance industries.

Do not let the rehtoric of the lobbyists and special interest groups of the medical and insurance industries prevent you from pursuing a justified claim. If you or someone you know have been seriously injured by negligent health care providers, the Utah Medical Malpractice Attorneys at G. Eric Nielson & Associates can help. Call us today for a free consultation. Toll free at 1-866-605-4556.

There are several common public miconceptions and myths about this issue, I will address these in future posts....stay tuned!

Labels: Medical Malpractice, Utah Personal Injury Attorneys