Carolina Accident Attorney Blog

Steps to Choosing a Nursing Home and How to Spot Nursing Home Abuse

Former Goldsboro, North Carolina Based Mental Hospital Worker Admits To Beating Patient

Granville Woman Sues Hospital For Negligence After Son’s Death

Medical Device Safety Act Needs to Become Law

94-Year-Old Woman Sexually Molested in Nursing Home Receives $12.5 Million Settlement

Perforated Bowel: A Preventable Surgical Mistake

South Carolina Considers Broadening Medical Malpractice Caps

New Study Shows Workplace Injuries May Go Untreated

Companies are required to log any employee injury that results in time off or medical care. These logs are used by regulators to determine the safety of a company. A safer company means less safety inspections, more contracts, and lower worker’s compensation costs. An ideal situation for a company to be in, however, the way some companies are going about lowering their medical claims is anything but ideal.

Recently, the U.S. Government Accountability Office conducted a study of companies medical care practices. The GAO surveyed 504 medical practitioners and company doctors, of these doctors over 1/3 reported they were asked to provide inadequate medical treatment to employees so companies did not have to report the injury on their logs. More then half of the doctors stated they were pressured by company leaders to downplay serious injuries, and more then 2/3 knew of employees who feared reporting injuries at all.

 The U.S Government Accountability Office does not feel that safety regulators have done enough to ensure that workplace injuries are accurately reported. The Federal OSHA, an organization which oversees safety regulators, said they would follow the recommendations laid out by the GAO. However, the Federal OSHA only covers about half of the United States, meaning states like North Carolina (NC) do not have to adopt these policies at all.

It is uncertain at this time if North Carolina (NC) will adhere to the recommendations laid out by the GAO or if the state will push companies to change their reporting policies at all. If you have already been injured at work and feel your medical treatment was inadequate you do have options. A personal injury attorney can work with you to determine where your company or their doctors failed and get you the compensation you need to get back on your feet.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling medical malpractice cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of medical malpractice cases including surgical errors, misdiagnosis, and negligence. We would like to send you one of our FREE reports about medical malpractice, including our Top 10 Tips from a Medical Malpractice Insider and our special report on the top 5 surgical errors you need to know about. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube .  In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

The Truth About Medical Malpractice

Wikipedia defines medical malpractice as professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.  There have been many cases in which patients, instead of receiving care and cure from healthcare institutions actually suffer injuries, and sometimes even die. A recent study by the Institute of Medicine of the National Academy of Sciences estimated that as many as 98,000 patients may be killed each year in hospitals alone as a result of medical errors. This facts poses a serious national problem which may be unknown to the general public.

According to the Physician Insurers Association of America, there are four types of claims that are the most common:

1. Failure to diagnose
2. Incorrectly performed procedure
3. Error in diagnosis
4. Failure to perform procedure 

Among the four, diagnosis issues tend to be the most common. After all, it’s an initial step a doctor takes before performing any procedure. Not all cases of a medical problem present exactly the same way.  A doctor in a rush may not ask the right questions or really hear the patient’s replies. This is where a doctor’s subjective and objective  skill is put to the test.  Wrong laboratory and clinical procedures may follow an incorrect diagnosis.

Another form of neglect can involve the medical professional prescribing the wrong prescriptions or medical devices to a patient. The medical professional can be held liable if the patient is prescribed the wrong medication dosage.  Healthcare providers, especially doctors, should take into consideration that not all patients understand everything that is written in the prescription papers and therefore should make an extra effort in explaining the dosage and frequency for the medication the physician is prescribing.

There are many medical malpractice cases that go unreported or undetected; perhaps this is due to lack of knowledge and information.  Information is the tool in saving yourself from unfortunate injuries that may happen. It is imperative to always ask questions when necessary.  You may gather information from books and on the internet.  Finally, always seek a second opinion when in doubt about the initial diagnosis.

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Virginia Has Seen No Increase in Medical Malpractice Claims and Payouts

One of the popular myths being perpetuated by tort reform advocates is that health insurance premiums have increased substantially due to an increase in medical malpractice claims and payouts. This is false, especially in Virginia (VA).

Virginia (VA) medical malpractice claims are actually below the national average and have been stagnate the past two years.

Even more confounding is the notion that in order to solve this problem, we need to place more restrictions on medical malpractice claims. People need to realize there are already caps on damages in Virginia (VA) and some level of tort caps in 45 other states.

Another popular inaccuracy is that the courts are inundated with frivolous law suits. This is also false. A Harvard study showed that 97 percent of all medical malpractice claims have merit.

As an injury lawyer who regularly represents victims in medical malpractice cases, I get so frustrated when the facts get distorted and people fail to see the real issue at hand. Whats the real issue? The fact that nearly 100,000 people die every year due to preventable medical errors. This is the real injustice and we need to do something to correct this problem. Lets stop vilifying lawyers with incorrect rhetoric and actually talk about important issues to help save peoples lives.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Reusing Medical Equipment may have Exposed Patients to HIV, Hepatitis

Most of us place a high level of trust in doctors and hospitals, rarely questioning what medications they prescribe or equipment they use to treat us. We assume the doctors, nurses and hospital staff follows safety procedures such as using new and sterile equipment for every test they run, but what if they don’t? What happens if someone reuses those medical supplies?

Unfortunately, the results can be life threatening. Reusing medical equipment, even something as small as IV tubing, can cause the spread of infection and those infections may be deadly. Recently, Qui Lan was found reusing IV tubing and saline bags for cardiac chemical stress tests at Broward General Medical Center in Fort Lauderdale, Florida (FL). Qui Lan may have exposed 1,851 patients to HIV and hepatitis. Even more shocking, this isn’t an isolated incident.

Earlier this year, my colleague, Richard Shapiro, wrote an article about several hundred North Carolina (NC) residents that had potentially come in to contact with a blood borne illness after a medical device malfunctioned. The New Hanover Community Health Center in New Hanover County, North Carolina (NC) found an error in a diabetes testing machine that may have caused over 200 patients to be tested with the same lancet. In this case the results were the same as the Broward General Medical Center, every patient had to be notified and tested for a host of infections including HIV, Hepatitis, and other potentially fatal illnesses.

So far no one has tested positive in either case, but that isn’t to say no one will, or that an error won’t occur again in another hospital. Hospitals use dozens of pieces of equipment, needles, and syringes that have to be sterilized or used new on each patient. They can easily be mislabeled, misused, or improperly cleaned. A patient could go in for a routine test and come out with a life threatening illness.

If you have contracted an illness through a hospital or doctors office, you have the right to be compensated. Your life was undoubtedly altered by the event. You may have missed work, racked up medical bills, or endured a lengthy healing time all from a mistake that wasn’t yours. If you, or someone you know, has suffered from a medical mistake seek the help of a personal injury attorney. Attorneys have experience in dealing with all types of medical mistake and negligence cases. They know how to get you what you deserve.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law with experience handling medical malpractice cases. Look at our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of medical malpractice cases including surgical errors, misdiagnosis, and negligence. We would be happy to send you one of our FREE reports about medical malpractice, including our Top 10 Tips from a Medical Malpractice Insider and our special report on the top 5 surgical errors you need to know about. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube .  In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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U.S Tracking System for Medical Implant Devices May Cost Lives

The Food and Drug Administration, or FDA, reported nearly 2,500 medical devices were implanted in 2008. Of these 2,500 devices, currently only 14 devices are required to have a comprehensive tracking system in place.

Without a proper tracking system medical recalls can be ineffective. Several patients who have the devices in place may not be aware of any recalls affecting them. These patients may experience life threatening injuries by not having the implant devices removed. Some doctors may also continue to use recalled devices.

In 2006, the company Hem-o-lok, who makes surgical clips, issued a recall notice. According to Hem-o-lok their clips could dislodge in the patients body and cause serious, even life-threatening consequences. Two years later a surgeon completed a kidney transplant from Michael King to King’s wife. The surgeon used a Hem-O-Lock clip to block off Michael King’s renal artery. The clip became dislodged and King bled to death.

The Fadem's foundation has been lobbying to have a more centralized tracking system put in to place for medical implant devices. The health care reform being considered by congress also includes a detailed plan for the United States to have its first tracking system in place for artificial limbs and implant devices.

However, for now the only devices required by the FDA to have a tracking system include pacemakers, mechanical heart valves and breast implants; leaving thousands of devices unmonitored.

If you have an artificial limb or medical device implanted you may run the potential of life threatening injuries, or even death, if that device was to malfunction. Relying on mailed letters and postings on medical company websites does not always get the information out to everyone who needs it. Take special care to monitor the device on your own; do not disregard any mail from the maker, watch special news bulletins and check the company’s website frequently.

If you or someone you know has already been injured or even killed from a medical implant device a personal injury attorney may be able to assist you. Medical recalls and health care information can be difficult to understand. A licensed attorney will be able to help you sort through all of your information and get you the compensation you deserve.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death and medical injury cases. Look at our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled numerous medical cases. That’s why you need an experienced attorney to help you through the legal process. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube .  In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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We Cannot Forget the Victims When Discussing Tort Reform

When politicians and pundits talk about tort reform, the onus is placed on trial and personal injury lawyers. We get castigated as bad people, swindlers, and ambulance chasers. I can take the criticism because I didn't become a lawyer to be popular; I'm a lawyer because I want to help people.

Let's not forget about the victims when discussing this issue. Medical malpractice lawsuits involve real lives and a majority of these people have been adversely affected by the misconduct or negligence of a healthcare provider. Nearly 100,000 people die every year due to preventable medical errors.  Justice needs to be served.

Are there areas of medical malpractice law that need reform? Of course, but let's not go overboard. Some of the suggested reforms are just plain ridiculous. For example, there was discussion about mandating alternative dispute resolution in medical malpractice cases in lieu of a jury trial. Not only would this be completely ineffective (since 96 percent of cases are settled prior to trial) but also violates our right to a trial by jury which is explicitly stated in the 7th Amendment of the U.S. Constitution.

Here's a video illustrating the on-going debate over tort reform...

The overarching goal of tort reform is to reduce healthcare costs. However, current evidence indicates tort reform may not save money.  Texas implemented tort reform and it was reported by Dr. Atul Gawande that Texas currently has some of the highest medical costs in the country, without any additional benefits to patients, according to the AJC.

Again, I agree certain reforms should be considered, but the fundamental rights of the American people should not be compromised and any reforms we implement need to actually work for patients.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

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Medical Malpractice Lawsuits Account for Less Than 2 Percent of Overall Health Care Costs

The debate over health care reform has taken many unusual twists and turns including talk of death panels and forced euthanasia. Such nonsense has predominantly been dismissed, but one issue remains prevalent in the public discourse over reforming the U.S. health care system: medical tort reform.

It's a popular talking point many opponents of proposed health care legislation advocate. They proclaim any meaningful health care reform must have some type of alteration in tort laws. However, these individuals fail to realize that medical malpractice lawsuits (i.e. the vast majority of tort-related medical cases) account for less than 2 percent of overall health care costs. In fact, University of Pennsylvania Law Professor and Health Sciences expert Tom Baker said medical malpractice lawsuits "account for .5 percent to 1.5 percent of total expense."

Here's a video illustrating the heated debate over tort reform...

Another issue advocates for tort reform fail to realize is that any health care bill produced on Capitol Hill is federal in nature. Tort laws have historically been managed by the states. This is why there are no tort regulations in the federal health care reform proposals. It's not because of some vast conspiracy between trial lawyers and politicians, which has been another popular talking point for opponents of health care reform.

Should there be federal tort laws? It's an interesting question that warrants discussion. Federal laws and national standards would significantly impact the fluctuating medical malpractice insurance premiums doctors must pay, according to The Examiner.

I believe some type of reform is warranted. The fact that our country spends over $230 billion a year on unnecessary health care expenditures indicates a level of defensive medicine is taking place and this issue needs to be addressed. Nevertheless, when you hear someone go on and on about tort reform, gently remind them that it's not the solution to our overarching health care problems. In fact, it's less than 2 percent of the problem.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

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A Deadly Medical Mistake in Hospital: Surgical Malpractice (Common and Preventable)

On September 2, 2007, Diane McCabe came into the hospital prepared for a vaginal delivery of her second child. After 10 hours of labor, her obstetrician opted for a caesarean section.  During the procedure, Diane’s uterine arteries were cut. It was claimed that the obstetrician and the hospital’s attending physician had disagreements over how to treat her; the physician claimed that there was internal bleeding, while the obstetrician claimed that there was not. Over the course of the argument Diane lost a lot of blood, so when the physician finally got her back on the operating table to check the incision, she was too far gone to be saved. Shortly after the birth of her daughter, Jenna, Diane bled to death losing about sixty percent of her blood. Her widowed husband, Officer Joseph McCabe, claims that these doctors completely messed up a simple routine procedure.

Unfortunately, this type of case is more common than Americans know. Two million people died within the last 10 years due to preventable medical errors.  That’s 200,000 patients a year! We cannot tolerate preventable mistakes because they are preventable. In this very preventable death, the hospital and staff did not acknowledge any wrongdoing. The hospital needs to be reminded that doctors do make mistakes from time to time and in those instances the patient who is the victim needs to be compensated.

Our firm handles many surgical error cases in Virginia and North Carolina. Unlike some attorneys, we actually try cases in court ourselves. When two doctors, or a doctor and hospital, blame each other for a wrongful death, one of them usually is right.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

The Growing Dangers of Medical Spas-Risk of Medical Mistakes When Serious Procedures Not Done By Doctors

A day out at the spa used to be a safe relaxing experience to get away from the stress and fast paced environment of society. However, spas have now begun medical treatments within their walls that should not be performed there. This new breed of medical spa now offers an array of medical services. These procedures include laser hair removal, Botox injections, chemical peels, and facial rejuvenations.  While the spas claim that these procedures are harmless and simple, there can be multiple complications. The risk is increased when high risk patients are treated or when the facility does not administer pretreatment skin tests.

The true problem with these new spas is the fact that they may not have qualified technicians administering the treatments. Most of these spas ally themselves with a physician to obtain devices regulated by the FDA and pharmaceuticals. To lower the cost of the medical procedures the spa will have the physician delegate the procedures to non-physicians. This practice is not legal in all states, but it is the common setup for these medical spas. Due to the potentially unqualified nature of the technicians, these procedures can leave individuals burned and scarred for the rest of their lives. I plan to steer clear of these new spas and leave the medical procedures to the real medical specialists.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

North Carolina Unveils Nursing Home Rating System

Hundreds of Patients May Have Contracted Blood Borne Illnesses After Machine Malfunction in Hanover County, North Carolina

FDA Wants to Ban the World’s Top 2 Most Prescribed Pain Relievers?

Obama to Consider Restrictions on Malpractice Suits

The American Medical Association has been hard pressed to find a Democrat who is willing to listen to doctors and their desire for immunity from malpractice suits, until now.  In a recent private interview with the new chief of staff, the association has found that Obama may be willing to consider protecting doctors faced with malpractice cases.  Obama has been considering restricting malpractice lawsuits as a part of health care reform, even though there is no evidence that significant cost savings can be had from limiting patient’s rights to sue for injuries caused by medical malpractice. 

Although Obama faces losing some Democratic support with this move, it may also turn out to be an effective way to keep the interest of both doctors and Republicans.  Obama has not approved a limit to malpractice jury compensation to victims, he has done previous work on trying to lessen the suits.  Obama has mentioned that he may be willing to provide some liability protection to doctors who follow appropriate guidelines but experience a mishap with a patient.  This position makes sense because courts normally do not hold hospitals and physicians liable unless they violate the standard of care.  The supposed problem of too many medical negligence suits is not real, as cutting off consumers’ access to justice really does not affect medical expense, the cost of insurance premiums for doctor’s malpractice policies, or availability of care as shown by numerous studies.

Man Had Limbs Amputated Due to MRSA Infection, Awarded $17.5 Million

A jury in Dallas awarded a man $17.5 million after he lost all his limbs due to a MRSA infection he acquired while in the hospital.  This malpractice suit was one of the largest in Texas but a $250,000 “cap of non-economic damages” reduced to amount to under $7 million.  After receiving surgery to treat ulcers, the plaintiff developed MRSA and had to have both of his arms and legs removed.  Although a number of doctors treated the individual, none prescribed him the right antibiotics to fight the infection.  The patient went in “septic shock” and the cells in his limbs started to decay and die.  He was taken to a different hospital where all four of his limbs were amputated.  

The victim’s attorney stated that the individual will now need around the clock assistance to do everyday tasks, such as brushing teeth.  The plaintiff sued both the doctors and the hospital.  A couple of the doctors and the hospital decided to settle the case but one doctor did not.  The doctor who did not settle was found “negligent and liable” and the jury awarded the amputee $11 million in non-economic damages.  In economic damages, the victim was awarded $6.72 million.  However, with the non-economic damages being reduced to $250,000 because of the cap, the plaintiff was awarded $6.97 million total.  Overall, the attorney was happy with the verdict but criticized Texas’s non-economic cap.

According to the attorney, there were a number of problems that were not addressed in the plaintiff’s hospital stay.  About three days after the plaintiff had his surgery, he began to develop symptoms of an infection.  By the end of that day, the patient experienced “septic shock.”  According to the victim’s attorney, the “infectious disease specialist” eliminated possible infections but never administered the proper antibiotics to the patient.  The plaintiff’s condition continued to worsen which eventually required that all four of his limbs be removed.    

The victim’s attorney claimed that the “infectious disease specialist” did not move quickly enough and gave the patient antibiotics that were known not to treat MRSA.  A specialist on “infectious disease” contended that an infection that is acquired in the hospital should be treated widely for a number of pathogens.  They also agreed that a “broad spectrum antibiotic” should have also been used to treat the plaintiff’s infection.  The defendant argued that he did not think that the patient had MRSA but an array of infections.  There was not a pre-trial settlement proposal and the defendant only offered $200,000 after the jury began to deliberate.

Birth Injuries and Medical Malpractice

My fellow lawyer Emily Mapp Brannon wrote an article on the Northeast North Carolina InjuryBoard blog about birth injuries and how they are related to medical malpractice.

Read the full article about what you should do in a medical malpractice case involving birth injuries.

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Helping an Elderly Family Member That Has Been Neglected

My law partner John Cooper wrote an article on the Northeast North Carolina InjuryBoard blog about what to do if you discover an elderly family member has been neglected.

Read the full article about signs to look for and what actions you can take if you find an elderly loved one neglected.

Keep This In Mind While Facing Surgical Options

My law partner John Cooper wrote an article on the Northeast North Carolina Injuryboard blog about what to questions to consider when facing surgical choices.

Read the full article about possible surgical problems and errors you may not know about

Seven Reasons Doctors Are Sued for Medical Malpractice

My law partner Jim Lewis wrote an article on the Northeast North Carolina InjuryBoard blog in regards to the level of healthcare on the Outer Banks and how it may lead to on of the seven reasons doctors are sued for medical malpractice. 

Read more on how you can be prepared if your doctor makes one of these mistakes.