Everyone makes mistakes -- even hospitals

Everyone has heard the clichés: “We’re all human.” “Everyone makes mistakes.” “Nobody’s perfect.”
Those answers are just fine when they come from a waiter explaining an overcooked filet or a child offering a reason behind a less-than-perfect spelling test. But when it’s your doctor?

The fact is that those go-to answers actually are valid, even for doctors … who are human … and therefore are not perfect … and sure enough, make mistakes, many of which fall under the umbrella of medical malpractice. But none of those answers does anything to appease the feelings of patients (and their families) who bear the brunt of errors ranging from the improper administration of medications to sponges (or other items) being left inside a body during surgery to surgery performed on the wrong part of the body. 

Hospitals have not always been required to release the frequency of such errors; rules are now changing, and in many states, it is mandatory that hospitals report errors that cause death and/or serious harm, and patients – and more significantly, insurance companies – are using this information to try to ensure that these mistakes happen with far less frequency. In years past, such an error would result in the insurance company being billed not only for the treatment of the original injury or illness, but also for whatever procedure is needed to correct the mistake. But as the costs incurred by the insurance companies rose into the hundreds of millions of dollars (in many individual states), many insurance companies began to refuse to pay when conditions and/or injuries can be shown to be the fault of the hospital or doctor(s).

While nobody claims that financial compensation can make up for the injuries or fatalities caused by medical malpractice, that doesn’t mean a medical attorney won’t file a claim, or multiple claims, when a doctor’s or hospital’s apparent negligence injures – or worse yet, kills – a patient. A successful medical malpractice lawyer can be instrumental in proving negligence that led to either injury or death, thereby increasing the chance of earning some measure of compensation for the injured patient or his or her family.

Contaminated Medical Equipment Cases Keeping Malpractice Lawyers Busy

On the heels of the Hepatitis B contamination crisis at a New Jersey clinic and the Nevada clinic Hepatitis C scandal, comes another incidence of medical malpractice at a South Dakota urology clinic that could have exposed patients to Hepatitis B, C, and HIV.

This month, the Siouxland Urology Center sent a letter to patients asking them to visit the clinic for free testing of HIV, Hepatitis B, Hepatitis C, and other infectious diseases that could have been contracted by the use of contaminated medical equipment at the center. Now, five residents of Iowa have filed a class action lawsuit against the Siouxland Urology Center and its owners. The clinic is in Dakota Dunes, on the South Dakota - Iowa border.

Last week, the South Dakota Department of Health stated that it identified a possible risk for infection from cystoscopy procedures performed at the facility. A survey of the center revealed that staff used saline solution bags and other single use products on more than one patient before discarding them. According to the Health Department, it has not identified any blood borne infections due to the lack of safe medical practices at the facility.

Medical Malpractice at the Siouxland Urology ClinicWhat is frightening is that the center admitted that since it opened in 2002, more than 5,000 cystoscopy procedures have been performed at the facility.

Inviting patients who you could have exposed to dangerous, possibly deadly diseases by your own negligence, for "free testing" is a like closing the stable gates after the horses are out. These infectious diseases have no known and permanent cure. Patients who contract these diseases can only maintain a lifestyle that keeps symptoms under control. It is appalling that the six doctors who owned the Siouxland Urology Center failed to stop the negligent medical practice of reusing disposable medical equipment. That is the kind of negligence you might expect from a jungle clinic in a Third World country, not from a specialty medical center in the U.S.

Siouxland Urology Center has challenged the health department's statement that using bladder exam equipment on more than one patient can expose them to the risk of disease.

Medical Malpractice

Medical injury attorneys often come across instances in which health care professionals who have been accused of malpractice, continue to remain in a state of denial even when their negligence has been exposed.

If you or a loved one has been infected with a dangerous disease or injured by the negligence of a doctor or clinic, a medical injury attorney can help you find the resources you need to recover.

Contact a medical malpractice attorney, at Arnold & Itkin LLP for a free evaluation of your case. 

Nevada Legislative Panel Approves Bill Raising Medical Malpractice Caps

Patients in Nevada who have suffered medical injuries due to malpractice by doctors will now be able to claim unlimited damages for pain and suffering.

Last week, a Nevada assembly judiciary committee voted to approve a bill that lifts the cap on medical malpractice court judgments. The bill, which is supported by medical injury lawyers, will protect patients who have been exposed to medical negligence. Propelling Bill 495 forward was the recent Hepatitis C scandal in the state, in which more than 50,000 patients were believed to have been exposed to the deadly disease as a result of poor standards of hygiene at two Las Vegas clinics. Health officials confirmed that 9 patients who were treated at the Endoscopy Center of Southern Nevada and the Desert Shadow Endoscopic Center, both owned by Doctor Dipak Desai, tested positive for Hepatitis C.

Medical Injury AttorneyThe scandal resulted in several malpractice lawsuits filed by medical malpractice attorneys against the facilities. There has also been severe criticism of the state board of medical examiners for its failure to correct errant doctors and punish them accordingly.

The experience of these patients, who have been exposed to a potentially fatal infection due to the utter negligence of doctors, has no doubt spurred the committee to move quickly to approve Bill 495. Patients who have filed lawsuits have demanded changes in the law which currently places a $350,000 cap on malpractice lawsuits. However, Bill 495 does not apply retroactively to the Las Vegas Clinic Hepatitis C cases.

Opponents of the bill have been staging protests in the days leading up to the vote. Their argument? The bill would raise doctors' insurance premiums and force doctors to leave Nevada. The bill will be sent to the general assembly this week. We hope law makers will do the right thing and return patients' rights to justice.

Medical Malpractice Attorney

Doctors' failure to keep their facilities cleaned properly and free of dangerous diseases puts, not only their patients at risk, but also the family and friends of those patients and so on. A medical injury attorney can hold negligent physicians accountable for their recklessness.

If you or a loved one has been injured due to a doctor's negligence a medical malpractice attorney can help you recover physically, mentally, and financially. Contact a medical malpractice attorney at Arnold & Itkin LLP for a free evaluation of your case.

New Jersey Doctor's License Suspended After Hepatitis B Outbreak

A New Jersey board of medical examiners temporarily revoked the license of an oncologist whose clinic is suspected to be the source of a Hepatitis B outbreak. At least five of Dr. Parvez Dara's patients contracted Hepatitis B, provoking an investigation and a safety alert by New Jersey health officials.

Health inspectors described seeing unsterilized and unsanitary conditions at the doctor's Toms River clinic. There was blood on the floor of the room where Dr. Dara administered chemotherapy treatments to his patients. Inspectors also found blood inside the bin used to store blood vials. The saline and gauze were unsterilized, and medication vials had been left open. Inspectors also found violations that involved the use of contaminated pens, counter tops, and refrigerators; misuse of antibiotics, and other violations. In March, health officials sent a letter to more than 3,000 patients who were being treated by Dara asking them to get themselves tested for hepatitis B and C, and for HIV. At least five of his patients tested positive for hepatitis B.

Medical Malpractice AttorneyAttorneys for the doctor insisted that there is no direct evidence linking the five hepatitis cases to Dr. Dara’s office. They also suggested that the patients could have contracted the disease at a hospital shared by them. The attorney is asking for Dara’s license to be reinstated or, at least, for him to be allowed to conduct examinations and consultations.

Hepatitis B is a highly infectious disease that affects the liver. It is up to one hundred times more infectious than the HIV virus, and can result in liver cirrhosis, inflammation, and liver cancer. It is primarily transmitted through contact with the bodily fluids of an infected person. Common modes of transmission include:

  • Unprotected sex with a person who has Hepatitis B
  • Sharing needles
  • Sharing tooth brushes and razors
  • Transfusion of infected blood
  • Perinatal infections in which the disease is transmitted from the mother to a baby at birth       

Treatment for chronic hepatitis B can include medications that can be very expensive. People who develop liver cancer as a result of prolonged hepatitis B infection may die within a few months of being diagnosed.

It appears that the staff at Dr. Dara's clinic lacked training in handling sterile medications and surgical products. Such negligence could well have exposed several of his patients to an infectious disease. Patients should not have to worry that being treated in a doctor’s clinic will expose you to a deadly infection.

Medical Malpractice

A medical malpractice lawsuit can help hold a healthcare worker accountable for negligence that results in medical injuries to patients. It is common for people to blame medical malpractice attorneys for a lot of ills, including the rising cost of insurance, and the flight of doctors outside the state, but all too often, unfortunately, it is only the risk of a lawsuit that ensures health care professionals exercise care in the treatment of their patients.

If you've been injured by the negligence of a doctor, nurse, or other healthcare professional, a medical malpractice attorney can help you obtain justice and recover your rightful compensation.  The experienced attorneys at Arnold & Itkin LLP have helped thousands of victims of negligence receive justice. Contact a medical malpractice attorney at Arnold & Itkin LLP for a free consultation.