Monday, December 3, 2012

How Does Wrong Site Surgery Happen?

Surgery is a huge event in most people's lives. The great risk and cost that are often involved in a surgery grab most people's attention. But doctors, surgeon's, and their teams handle hundreds of surgeries in their careers and do not always share the same focus and concern at all times. In these instances, accidents can occur.

But accidents or negligence that is associated with surgery can have dangerous consequences. Wrong site surgeries can occur in a number of different ways and for a number of different reasons. This type of surgical error can occur when a patient is incorrectly operated on. If a surgery is performed on the wrong body part, or on the wrong side of the body, this can be considered wrong site surgery. Also, this type of medical mistake can be committed if a surgical procedure is performed on the wrong patient. Surgery on the wrong site, side, or person is a dangerous and frightening thought.

This type of negligence can occur for a number of different reasons. One situation in which wrong site surgeries occur is during emergency situations. Any surgery that has time restraints puts additional stress on medical professionals and errors can occur. Also, if multiple surgeons are involved, there is room for communication errors that can result in improper surgical procedures. These actions are inexcusable because the results can be devastating. Not only is the initial problem not addressed, but more unnecessary damage is often done. This is a detrimental and expensive process for every person involved.

If you or someone you love has been the victim of a wrong site surgery, please visit the Detroit surgical errors lawyers at Ravid & Associates, P.C.

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Dentistry - Electronic Health Records (EHR) - The Truth

The goal of the Federal Government is to motivate healthcare providers to implement and use certified electronic health records (E.H.R.) for all patients. This is a great opportunity for dentists; the incentives make it possible to recoup up to 100% of the investment in new technology. There are limitations; not every dentist will qualify for incentive payments. In fact, the number of dentists that are truly eligible is far less than one might think.

The truth is that moving to certified E.H.R. technology is not mandated by the federal government. Every provider has the choice to implement and use E.H.R. in their practices. The law very clearly states that moving to certified E.H.R. is encouraged. However, certain providers are in effect being forced to implement and use it by 2015.

All health care providers are eligible to apply for the certified E.H.R. incentive payments. In order to qualify for the payments, you must be an eligible provider, use certified E.H.R. technology, and prove meaningful use. All three criteria must be met in order to receive any incentive payments.

The first step is to determine if you are an eligible provider. This is extremely important if you are choosing to purchase and implement the technology in anticipation of an incentive payment. Sadly, many dentists don't qualify as an eligible provider and will not receive any incentive payments.

An eligible provider is one that is seeing Medicaid/Medicare patients. All health care providers can apply for the incentive payments however only those that are seeing Medicaid/Medicare patients will qualify. The Center for Medicaid Services website has tools available to help determine if you might qualify for an incentive payment and how much the payment might be.

Second, you must determine if you are a provider that is in effect being forced to comply. The law states health care providers will be penalized for non-compliance. The penalty is a 99% reduction in their fee schedule for 2015 and 98% in 2016 and 2017. Providers that must comply have a patient base that is at least 30% Medicaid/Medicare patients. Again, the law does not mandate them but is in effect forcing them to comply in order to avoid the penalty of their fees being reduced.

Next, you must find a dental software program that achieves the criteria for certified E.H.R. technology. Sadly, most of the software available today fails to achieve all the criteria stipulated in the HIPPA Act. The one missed in most programs is the "locking" of the chart immediately once it is closed. This requirement was adopted from HIPPA and is mandatory in order to receive certification.

Then, even if the program meets all the criteria, there is only one way to become certified and that is through The Office of the National Coordinator for Health Information Technology (ONC). The ONC publishes all programs that have received certification on their website. Remember, providers must use certified E.H.R. technology to qualify for incentives. No dental software programs have received certification, either temporary or permanent, at this time.

Finally, you must prove meaningful use. Basically, this is demonstrating that the technology is actively in use. To apply for incentives, you must report to the government that you are using the technology. This involves filing the requested forms at each stage of the transition in order to receive the incentive payments. Visit www.cms.org for more information on when and how to file the desired forms.

Implementing certified E.H.R. technology has many well known benefits and now, if you are an eligible provider, it can be done for little or no cost. The truth is implementation of certified E.H.R. is not mandated by the federal government; it is encouraged. Every provider should learn if they are eligible to receive incentive payments before investing in the technology. This is especially true if a provider is relying on incentive payment to help offset the costs.

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Surgery Mistakes

Undergoing surgery can be a very scary and uncertain process for patients. Surgeons and other members of the surgery team have to follow very strict standards of practice. Patients who go through surgery are often helpless while the surgery is happening. This is why it is so important that surgical teams follow strict procedures. However, medical professionals sometimes do make serious errors or mistakes that result in injury to innocent patients.

If you are concerned that medical staff members made errors during your or a loved one's surgery, contact an attorney today to discuss your case. Knowledgeable attorneys can help you understand your rights and any legal action you may be able to take following a damaging surgical error.

Types of Surgery Errors

When patients go under a surgeon's knife, they are completely vulnerable. Many surgical teams are skilled and can handle the procedures well, as well as any unexpected complications that may arise. However, sometimes careless mistakes are committed such as:

Administering anesthesia improperly Giving the wrong dosage of medication Operating on the wrong body part Leaving objects in the patient's body Performing the wrong surgical procedure

Many other kinds of errors could be made as well that could unnecessarily complicate the surgery and a patient's recovery process. If you or someone you love recently went through surgery and the surgical team made an error that resulted in more time spent in the hospital or time away from work, you may be eligible for compensation. Medical bills are expensive and lost time at work can make it very difficult to pay bills and lead a normal life.

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Understanding Wrongful Death Lawsuits

Simply put, wrongful death is the death of one person caused through the fault of another person. You should talk to an experienced wrongful death attorney if you believe you have a claim, but below is some information to help you understand some of the situations that call for legal representation.

Wrongful death lawsuits can originate from a number of situations, such as deadly motor vehicle collisions, medical malpractice, product liability, constructions injuries, reactions to prescription or over-the-counter drugs, and attacks by family pets. In any of these scenarios, should the circumstances result from the neglect of another party, a wrongful death claim may well exist.

1) Motor Vehicle Accidents

The commonest situation bringing on this type of lawsuit is motor vehicle crashes. Each year, many people worldwide are killed in terrible car accidents. Because most of these car accidents come from the carelessness of the other motorists, wrongful death claims are commonplace. In addition, this type of claim can be made against a city when it has been negligent in providing for the safety of pedestrians.

) Medical Malpractice

Members of the family of the deceased victim may well file suit against medical care providers who've been negligent in their responsibility to provide proper health care, which in turn has lead to their patient's demise. This loss of life may have been caused by a surgical error, incorrect medical diagnosis of a fatal condition, emergency room neglect, as well as any other kind of carelessness by a medical care practitioner or healthcare facility.

3) Product Liability

Makers or suppliers of products can be held legally accountable for a wrongful death if the items that they make or sell are faulty and the item brought about the death of a relative. A suit could be based on product liability such as defective medication, a substandard car part, a malfunctioning safety product, faulty medical equipment, or defective construction scaffolding, among others.

4) Premise Liability

Owners of properties will be held accountable death that arises from an incident like a trip and fall incident, construction mishap, escalator or elevator injury, as well as any kind of incident that is a result of the owners' lapse in their legal responsibility of proper care of the property.

A wrongful death claim is different from standard personal injury claims in that family members, as opposed to the individual who has been harmed, generates the legal claim. The kinds of damages granted are consequently distinct too; settlement isn't determined by factors such as pain and suffering. Instead, these claims are meant to deal with the economic and emotional harms sustained by the remaining members of the family.

The laws and regulations concerning damages differ from one state to another. Generally, litigants can get recompense for the calculated lifetime income of the individual that passed away. Pain and suffering as well as loss of companionship can also be compensated in these situations, especially where the complainant, such as a spouse or child, lived in the same residence with the dearly departed.

State statutes establish the time period when these kinds of claims may be brought, along with who will be permitted to file a wrongful death lawsuit. For more information, if you believe you have a claim, you should contact a local trial attorney who is experienced in wrongful death lawsuits. These attorneys normally offer a free consultation to determine if you have a case and if he or she is the best lawyer to represent you in your claim.

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Types of Birth Injuries

The birth of your baby should be a joyous moment. Unfortunately, this day can be marred by an act of negligence or carelessness on account of your doctor, a nurse, or the hospital. Incidents of birth injury medical malpractice can change your life and the life of your baby forever - leading to paralysis, nerve damage, permanent disability, and even death. Studies indicate that for every 1,000 babies born in the United States, six babies will suffer some type of birth injury. As a soon-to-be-parent, these statistics indicate a potential birth injury must be something you are aware of and try to prevent.

These are some of the most common birth injuries:

The doctor delaying a decision, such as deciding whether or not a c-section is needed, could endanger your unborn baby. The hospital could fail to detect an infection. Misuse of medical equipment, such as forceps or vacuum extractor, during the birthing process. Misreading the fetal monitor or misuse of the fetal heart rate monitor. Incorrect dose of medication or given medication at an inappropriate time. A mistake could be made during your newborn son's circumcision surgery.

These mistakes can lead serious, life-altering injuries. Misuse of forceps could lead to nerve damage and paralysis in the face, shoulders, and arms (cerebral palsy).

Erb's palsy occurs when nerve damage causes problems with moving the arms and hands. If the baby suffers from blood loss or lack of oxygen to the brain, it could result in permanent brain damage.

If you believe your child was the victim of a birth injury caused by medical malpractice, contact a Las Vegas medical malpractice lawyer right away.

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Lawsuit Follows Death Of Woman When Doctors Failed To Screen Her As Per Cancer Screening Guidelines

The need for screening even symptomatic patients for colon cancer when they are 50 or older and for testing patients who exhibit certain symptoms such as blood in the stool is generally accepted within the medical community. A failure to do so may lead to a delay in the diagnosis of colon cancer which in turn may allow the cancer to spread. Below we examine a documented case involving a woman over the age of 50 whose doctors not only failed to screen her when she was as symptomatic but continued to not test her even after she developed a number of symptoms.

In this case the woman treated with her primary care physician from the time she was 50 years old to the time she was 55. During that time her medical history included obesity, a hernia and hypertension. Her doctor, however, never performed or recommended that she undergo screening for colon cancer.

When she was 55 she experienced vomiting as well as diarrhea with blood clearly visible in her stool. She went to the emergency room where the attending physician diagnosed her as having gastroenteritis. She followed up with a doctor a few days later. This doctor made a note of the fact that she now had up to three bowel movements a day, all of which contained a blood. The doctor recommended a wait-and-see approach and thought that she would need a lower G.I. endoscopy if her condition did not improve. The doctor's differential diagnosis was for colitis. The doctor apparently never considered colon cancer as part of the differential diagnosis. A year later she again saw this doctor complaining of abdominal issues and at least 50 pounds of unexplained weight loss. The doctor concluded that her weight-loss was the result of a change in her diet and even though she had a history of blood in her stools that doctor again did not order or perform any tests to rule out colon cancer.

A month later the woman again goes to the hospital with complaints of pain in her abdomen and continuing diarrhea. Also, by now there was blood present when she vomited. Her stool was now a dark brown color and testing revealed blood present in the stool. The doctor at the emergency room diagnosed her as having a gastrointestinal bleed. The doctor next ordered an x-ray which revealed a partial obstruction of the bowel. The doctor then admitted her to the hospital. Blood tests revealed that her CEA, a marker for colon cancer, was abnormally high.

Initially a gastroenterologist performed an upper G.I. endoscopy and took several biopsies. The gastroenterologist, however, failed to a colonoscopy. It was not until a covering physician at the hospital noted that her history was suggestive of cancer and that additional testing was required that a sigmoidoscopy was finally performed approximately 2 weeks later. The sigmoidoscopy revealed a large obstruction and a follow-up CAT scan showed a large tumor. During surgery it was discovered that her cancer had already spread to both her uterus and her bladder. In addition the pathology report of the material removed during the surgery found cancer in 13 lymph nodes. The diagnosis - stage IV colon cancer.

She commenced treatment with chemotherapy and after experiencing intolerance for the chemotherapy along with bowel obstructions and even renal failure, the woman died less than a year later. She was only 58 years old at the time of her death. She was married and had two adult children. Her family pursued a claim against the doctors for the delay in the diagnosis of her cancer. The law firm that handled this lawsuit documented a settlement in the case for $950,000 on behalf of the family.

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