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New England Medical Malpractice Blog

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Possible dangers surrounding treatment for breech presentation

Sometimes a pregnancy does not go as expected, even when the mother and baby are diagnosed as healthy. It is not uncommon, for example, for mothers in Providence to be told that their babies are breech in the womb. A breech baby is one who has not turned head-down, which is the normal and safest position for a natural delivery.

Of course, OB-GYNs will do what they can to prevent a breech birth, the reason being that breech deliveries are considered far more risky to the baby’s health than normal deliveries. According to the American Pregnancy Association, a mother may have difficulty delivering the head last with a breech baby. Problems with the umbilical cord may also occur, or any number of additional complications. A cesarean section is the recommended procedure with breech infants.

Often, the doctor will attempt to correct a breech presentation by trying to externally turn the baby in a procedure called external cephalic version, states WebMD. This procedure is said to be about 58 percent successful, but also comes with risks, such as squeezing or twisting the umbilical cord, premature labor or placenta abruptio (loosening of the placenta from the uterine wall). Uterine rupture or the opening of a previous c-section scar are other slight risks. There may also be serious complications if a doctor has misdiagnosed a birth defect in the fetus or health problem in the mother. In some cases, an immediate emergency c-section is required after an external version attempt.

There can hardly be anything more terrifying for expectant parents than finding out there is a problem with the pregnancy or complications in the delivery process. When a mistake results in a birth injury, it may lead to a malpractice claim.

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Periventricular leukomalacia: A leading cause of cerebral palsy

At DeLuca and Associates, we have seen firsthand how devastating it can be when a child is diagnosed with cerebral palsy. When these disorders can be traced to medical errors committed by Rhode Island health care providers, we help families hold these negligent providers accountable. In such cases, it is important to determine what type of underlying brain injury led a child to develop cerebral palsy.

According to the National Institute of Neurological Disorders and Stroke, cerebral palsy can result from periventricular leukomalacia, a serious condition in which white matter in the brain is damaged due to an insufficient amount of blood flow or oxygen. As this type of brain tissue plays a key role in transmitting signals to muscles, extensive damage to this area leads to impaired motor skills.

Premature babies, newborns and fetuses can all be affected by PVL, and there is currently no treatment for the condition. Further complicating the issue is the fact that children with PVL often do not exhibit symptoms until some time has passed.

Due to the severity of PVL, the professional standards for treating women in during childbirth include monitoring for the condition’s risk factors. This includes taking steps to identify and address any warning signs that a fetus is suffering from blood or oxygen deprivation. If these standards are not followed and a child develops cerebral palsy as a result, the providers may be liable for medical malpractice.

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Surgeon sued for not removing woman’s entire appendix

Doctors in Providence and throughout the rest of the U.S. are called upon daily to exercise their expertise and judgment in making fast decisions in attempts to save the lives of their patients. While some degree of allowance may be given in such circumstances, there are still basic standards of care in place that healthcare providers are expected to follow in nearly every medical and surgical encounter. A failure to do may easily be seen as doctor negligence by the patients who surrender themselves to those judgments.

This very scenario is at the heart of a medical malpractice lawsuit currently being argued in North Carolina. A woman is suing the surgeon who performed her emergency appendectomy for not completely removing the organ during the procedure. The original procedure was done after she presented at the emergency department on Christmas Eve in 2009 for abdominal pain. Later, she was seen by another provider because of the same symptoms. It was discovered that nearly a third of her appendix hadn’t been removed. The surgeon explained his actions by saying that a portion of the woman’s appendix was hidden behind her colon. Yet another surgeon testifying on the woman’s behalf stated that the standard of care was to remove all of the appendix down to only a 5mm portion, and that general surgeons should be trained on how to do so even when its view is obstructed by another organ.

While some may think that providers like the one in this case should be given some leeway in emergency situations, the consequences that patients are forced to endure often require that they seek compensation. Those looking to do so may wish to have the services of an attorney at their disposal during this process.

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The potential for the misdiagnosis of a TIA

Throughout our many years of experience in helping clients here at DeLuca and Associates, we’ve worked with a number of people who’ve suffered both directly and indirectly from the consequences of an inaccurate diagnosis. Strokes are among those medical events whose delay in treatment can have disastrous consequences. Yet often, people will exhibit risk factors for a stroke such as a transient ischemic attack, which, if treated properly and promptly, can greatly reduce one’s chances of actually having a stroke. In this post, we’ll examine the signs and symptoms of a TIA, as well as the potential for its misdiagnosis.

A TIA is often referred to as a “mini-stroke” in that a person suffers from a blockage of blood to the brains just as he or she would with an actual ischemic stroke. The symptoms of this condition may include the sudden onset of:

  • Localized numbness
  • Trouble seeing or speaking
  • Confusion
  • Loss of coordination
  • Severe headaches

Yet unlike with a stroke, these symptoms typically last only about five minutes. Many make the mistake of thinking that once the symptoms subside, they’re out of danger. Yet studies have shown that up to 15 percent of those who suffer a TIA also suffer a major stroke within three months, and more than a third within one year.

The results of a 2010 study shared by the Annals of Emergency Medicine failure to diagnose the same problem by the emergency room doctors who initially treated them. That could potentially spell trouble for those presenting to emergency departments with TIA symptoms that aren’t referred to a neurologist.

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The risks of rushing into LASIK surgery

Many of the cases seen here at DeLuca and Associates Ltd reaffirm the fact that no medical procedure is without risks. One such procedure that has become increasingly popular in Providence is LASIK eye surgery. Many view LASIK as a minimally-invasive path to guaranteed vision correction. Increasingly, an overzealousness by some doctors to recommend LASIK surgery, combined with the collective urgency of patients to abandon their eyeglasses, has caused many to overlook its inherent risks.

During LASIK, a laser is used to cut a flap in the surface of the cornea, after which underlying tissue is excised, and the flap is folded back into place. Yet according to information shared by Dr. Bill Lloyd, a contributor to WebMD.com, the flap itself never fully heals. This can lead to higher rates of other vision problems amongst LASIK recipients, including:

  • Visual distortion (starbursts, halos) in dim light
  • Dry eye
  • Ectasia (bulging and deterioration of the cornea)

Research has also shown that the visual outcomes of LASIK decline over time, meaning many recipients will be back to relying on glasses in the future.

According to the online medical resource DocShop, over 700,000 LASIK procedures are done in the U.S. every year. While some agencies report LASIK complication rates at less than 1 percent, there currently exists no clearinghouse for the reporting of LASIK outcomes. Some independent studies have put the rate of post-LASIK complications closer to 20 percent.

Doctors may be motivated to recommend LASIK due to the higher rate of reimbursement they receive for complex procedures and the increased patient volumes that the rapid resolution of existing patients’ vision problems allows for. Yet patients are warned to consider all options before agreeing to LASIK.

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Woman sues the doctors who misdiagnosed her encephalitis

Despite all of the advances made in the medical industry in recent years, medicine can still be classified as an evolving science. Doctors and other healthcare providers in Providence and across the rest of the country see countless patients day after day, most of whom are suffering from fairly common ailments. It’s through the experience in spotting and treating these ailments combined with their education that helps healthcare providers to hone their diagnostic skills. Yet unfortunately, not every doctor can be right in his or her diagnosis all of time. When a misdiagnosis does occur, patients may suffer from delayed treatment while their doctors open themselves up to accusations of negligence.

Such is the case surrounding a Louisiana woman. In a lawsuit filed against multiple providers, she claims to have come to them suffering from encephalitis caused by the herpes simplex virus. Such a complication of herpes is considered to be extremely rare. The woman believes that the doctors named in the lawsuit failed to immediately recognize the condition. Because if the failure to diagnose the condition initially, her treatment was delayed, causing her symptoms to worsen. When she finally was treated, she also claims that treatment wasn’t delivered properly.

While diagnosing rare ailments may present a challenge to doctors, the expectation is still that their knowledge and understanding will ultimately help them to correctly identify a patient’s condition. When that standard of care is not met, patients may have good cause to pursue action against their providers. Anyone considering such action may wish to speak with an attorney with experience in handling medical malpractice cases.

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Lawsuit claims hospital lab errors misdiagnosed patients with HIV

When people in Providence think about the word “misdiagnosis,” they often associate it with those who’ve suffered from conditions or illnesses that medical personnel failed to recognize. Yet what about those who’ve been wrongly diagnosed with a serious condition that they don’t actually have? This may surprise some, but often these misdiagnosed patients suffer even more due to the emotional stress that they’re forced to endure as they contemplate dealing with the illness. Some may even go so far as to seek treatment for the condition, not realizing that they’re endangering themselves by undergoing treatment procedures that they don’t need.

A recent lawsuit filed by a New York lab technician against the very hospital that she works for alleges that during her time on staff, the inexperience and lack of knowledge by some of the staff led to many patients being misdiagnosed with HIV. It’s her belief that after reporting these concerns to her superiors, she became a target for ridicule and retaliation through negative performance reviews and unwarranted disciplinary action to being deliberately passed over for promotion. The city’s Health and Hospital Corporation disputes the woman’s claims despite the fact that two separate outside audits, including one conducted by their own Inspector General, found them to have merit.

It’s often this code of silence amongst healthcare providers regarding a wrong diagnosis and other medical errors that perpetuates these issues from being internal matters amongst hospital staff to serious safety concerns that put patients at risk. Anyone who feels as though they have suffered because if such a medical mistake may wish to consult with a personal injury attorney to see what their options are in seeking compensation from the provider.

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Bud DeLuca Featured on the New England SuperLawyers Magazine

The SuperLawyers article (PDF) really encapsulates my life on the way to being a lawyer. It reflects, I’m sure, what many people have experienced in an effort to have a better life. The article also contains my core belief and how these beliefs have motivated me to not just become a lawyer, but a lawyer with a purpose … to use my position as a professional to help those who the system has abused, used and injured.

One of my jobs as a lawyer is to level the playing field between those that have and the have nots. This is something that is an article of faith for me. As a lawyer, I have been given an opportunity to speak for people who have little or no voice. To me, that is an honor and a privilege that I consider sacred because what I do for others, I do for me and those that will follow. SuperLawyers Article [PDF]

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Technology Key to Reducing Medication Errors

In every field, new technologies and tools are constantly being developed to increase accuracy and efficiency. The medical field is no exception. As more hospitals and clinics adopt widespread use of electronic health records there are additional tools that may also greatly help reduce instances of medication errors.

So-called computerized prescriber order entry is a new technology that can help doctors avoid potentially harmful medical errors when prescribing patients prescription drugs. Medication errors are rampant within the health care field and most often occur in emergency room settings.

Proponents of the new CPOE technology contend it can be extremely useful in helping to eliminate many of the factors that often lead to medical errors. Using CPOE, Doctors would type or select a prescription drug rather than hand write a prescription. Likewise, with the patient’s information stored, CPOE prompts doctors of potentially harmful drug interactions and even recommends drugs based on a patient’s test results.

The full benefits of CPOE technology are demonstrated by the program’s clinical decision support ability. Armed with an abundant wealth of stored data, the technology can be an invaluable resource for doctors who can immediately access information related to drug dosing and interaction information. Additionally, based on the patient’s health history and current condition, the program prompts doctors by suggesting effective medications as well as alerting doctors of potentially dangerous ones.

While some doctors may be reluctant to adopt new CPOE technology, its use combined with EHR can greatly reduce instances of medication errors.

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Overexposure to Radiation and Effects on Patients in Rhode Island

Radiation serves many purposes in medicine. It is used for tracing broken bones, lung lesions, heart defects, tumors and is treatment for cancer. However, overexposure to radiation due to medical negligence or medical necessity can also cause damage to DNA, which may ultimately result in cancer after 10 to 20 years.

Computed tomography scans rank as the most frequently used procedure for imaging, usually for cancer. Unfortunately, these scans cause 10 percent of patients to be exposed to very high radiation levels. Radiation accounts for 1.5 percent of all cancer cases in the United States.

A recent study has shown that the rate of patients who undergo radiation-based procedures has increased dramatically over the last several years. According to experts, the key to safer exposure is to balance the risks and benefits when using medical radiation.

Doctors should be cautious when it comes to ordering radiation-based procedures such as x-rays and CT scans because they might pose serious side effects to patients in the future. If there are options other than radiation which may be used alternatively, these options may allow patients to avoid possible exposure to cancer-causing elements.

Compensation may be awarded to patients and their families in the event of harm caused by overexposure to radiation due to medical negligence of healthcare professionals. A doctor’s failure to protect his or her patients from overexposure to radiation may be considered medical malpractice. Damages may also be awarded for the past, present and future medical expenses of the patients or the victims. If you have questions related to harm caused by radiation overexposure, please contact an experienced medical malpractice attorney to explore your options.

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