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Experienced Injury Lawyers

Federal Medical Malpractice Reform Bill Put to Rest for 2016

Published on Jun 9, 2016 at 7:37 pm in Medical Malpractice.

On March 17th, congressional GOP leaders attempted to pass a medical malpractice reform bill which has been a top priority of the Federal Physicians Association for quite some time. If allowed to pass, the bill would have placed a severe nationwide cap on any claimable economic damages and attorney fees involved in medical malpractice cases. This cap would have two goals—to discourage malpractice lawsuits from being filed and to change the rules of evidence in civil cases in order to make it harder for medical malpractice plaintiffs to succeed in court.

Similar reforms have been enacted in a number of states already. Supporters claim that such reforms can lower the costs of healthcare while increasing physician supply, but there isn’t much in the way of actual academic evidence which supports that claim. The argument for enacting a similar reform on a nationwide level seems to focus on forcing physicians to not base a decision as to where they practice on any statewide reforms, but as Dean Clancy, U.S. Congress vet and advocate of the healthcare industry argues, the choice of where a physician wishes to practice shouldn’t be decided on by Congress. Physicians are free to practice wherever they wish. They shouldn’t be compared to imported cargo.

Medical Errors are the Third Leading Cause of Death in the United States

Published on Jun 7, 2016 at 6:52 pm in Medical Malpractice.

Researchers have found that “medical errors” are now the third leading cause of death in the United States, killing more people last year than respiratory disease, accidents, and diabetes and stroke and Alzheimer’s combined.  Mistakes made during “life-saving” surgeries, prescription medication errors, and communication breakdown among hospital and other health-care facility departments accounted for almost 251,000 deaths last year, nearly 10% of the total deaths in the United States.  Martin Makary, a professor of surgery at the John Hopkins University School of Medicine, led the research.  Makary said in an interview, “It boils down to people dying from the care that they receive rather than the disease for which they are seeking care.”

Dangerous Hospital for Babies

Published on Jul 5, 2015 at 4:09 pm in Child Injury, Medical Malpractice.

St. Mary’s Medical Center in West Palm Beach, Florida is being evaluated after 9 babies died in the last four years after having heart surgery there. CNN calculated the raw mortality rate from 2011-2013 to be 12.5 percent, which is more than three times the national averages for such surgeries. Doctors affiliated with Children’s Medical Services have recommended the hospital stop operating on infants under six months old.

In 2011, St. Mary’s began its cardiovascular program. In that time the nine deaths, plus one infant who was left with paralyzed legs, has led doctors and state officials to question the viability of the program. The primary complaint from doctors in regard to this issue is that the hospital doesn’t perform enough of these procedures on an annual basis to become proficient. Most programs have more than 100 cases per year, whereas St. Mary’s has much fewer. But the Department of Health does not have the authority to make any changes to the program that could improve the mortality rate.

Outpatient Clinic In Trouble Over Joan Rivers’ Death

Published on Dec 2, 2014 at 8:41 am in Medical Malpractice.

An investigation by the federal government has found many violations at the outpatient clinic that treated Joan Rivers before her death. The clinic must address the problems by January or it could lose any funds from the Centers for Medicare and Medicaid Services.

Rivers went to the clinic, Yorkville Endoscopy in Manhattan, in August for what was supposed to be a routine procedure to examine her throat due to a hoarse voice. Her own ear, nose & throat doctor, who was not credentialed at the clinic, performed part of the procedure.

During the procedure, Rivers’ vital signs had deteriorated for 15 minutes before she went into cardiac arrest. She was taken to a hospital where she died some days later, ultimately her death was caused by brain damage from lack of oxygen.

Malpractice Reform Does Not Cut Medical Costs

Published on Nov 7, 2014 at 8:42 am in Medical Malpractice.

Kentucky Malpractice AttorneyDoctors have long claimed that rising medical malpractice premiums have impacted their practices. Some have explained the ordering tests that are seen as unnecessary and expensive is a way for doctors to practice “defensive medicine” and shield themselves from potential malpractice claims. But a new study finds that may not be true.

The study was conducted by the RAND Corporation, which is a nonprofit research organization. They looked at three states that had enacted malpractice reform legislation that makes it harder for patients to sue doctors. Those states are Georgia, South Carolina and Texas.