Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Congressman John Murtha Dies from Surgical Error

Rep. John Murtha, Pennsylvania's longest-serving Congressman, died Monday from complications following gall bladder surgery.  Rep. Murtha's gallbladder was removed laparascopically on January 28, a fairly routine procedure. However, during the surgery, a doctor sliced his intestine. Three days later he returned to the hospital and was admitted to the Intensive Care Unit with a major infection from the cut.

In Virginia, a surgeon has a duty to perform operations with reasonable care. Failure to do so is malpractice.
If you or a loved one has suffered as a result of a medical error, contact an attorney at Williamson & Lavecchia today to protect your rights.

Labels:

Illinois Supreme Court Rules Medical Malpractice Cap Unconstitutional

Labels: cap lawyer medical malpractice Virginia

Senate Challenges Collusion by Medical Malpractice Insurance Companies

In the last several days there have been encouraging stories in the media reporting that the U.S. Senate, as it mulls over the health care reform bill, is pushing hard to prevent health and medical malpractice insurance companies from fixing prices.

Labels: insurance companies malpractice reform medical malpractice monopoly Virginia

Estate of Georgia Woman Wins $6M Verdict in DVT Case

Labels: blood clot deep vein thrombosis DVT medical malpractice pulmonary embolism Virginia

Republican Health Care Bill Takes "Tort Reform" to Extremes

Republican members of Congress put forward their own healthcare reform bill last month to counter the healthcare bill authored by Democrats, which currently has majority support.

Among other things, the bill seeks to cap non-economic damages for injured victims of medical malpractice at $250,000.

President Obama has made clear that he wants to work with groups such as the American Medical Association to achieve reform, but he is not interested in implementing limitations on the rights of injured patients.

Neither should our lawmakers, and neither should private citizens. Senator Bob Casey called the proposal "insulting to our system of justice."

We regularly see, and handle, legitimate cases of medical negligence or wrongdoing where the victim has already suffered upwards of a million dollars in medical damages. Placing further restrictions on these victims' rights could serve only to help insurance companies' bottom lines, and provide no benefit to the American people.

Estimates on the impact of malpractice "reform" range from predicting that it would have no effect whatsoever on healthcare costs to predicting that it would provide for tiny incremental savings. The downside, however, is enormous.

This debate may strike the average citizen as academic until he or a loved one suffers a terrible injury due to someone's negligence. Then he is unlikely to be sympathetic to insurance giants.

If you are injured in the future, who would you want to decide how much money you are entitled to? A jury of your peers, or the insurance lobby, by way of oppressive federal regulation?

If you have strong feelings, contact your lawmaker. In the meantime, if you or someone you know has suffered as a result of medical malpractice, contact a lawyer at Williamson & Lavecchia to protect your rights.

Labels: health care bill healthcare reform malpractice cap medical malpractice reform tort reform

Falls in Healthcare Facilities

Labels:

Doctor Allows Patient to Die to Steal Watch

In an appalling story covered by multiple new outlets recently, a California Emergency Room physician was indicted in August for grand theft after stealing a Rolex watch from a dead patient.

The family of the dead man have filed a wrongful death lawsuit. The allegation is that the doctor did not make appropriate efforts to resuscitate the patient, who died of a heart attack. The doctor then pocketed the dead man's Rolex watch, and was apprehended by security soon afterward.

While the great majority of medical malpractice/negligence cases are far less egregious than this, they do happen often. If you or a loved one has been hurt by medical negligence, protect your rights by contacing an attorney at Williamson & Laveccia.

Labels: malpractice Virginia wrongful death

Medication Error Settlement

Labels: blood thinner Coumadin Institute for Safe Medication Practices medical malpractice Medication error

"Tort Reform" Unrelated to Health Care Costs

Labels: defensive medicine malpractice costs malpractice reform tort reform Virginia

Treating the Medical Hit and Run

Labels: hit and run lawsuit medical malpractice pressure ulcer

Tips for Preventing Medication Errors

Labels: malpractice Medication error Virginia

Doctors Push "Gag Contracts" on Patients

The Medical Justice Corporation, a Greensboro, N.C. entity headed by Dr. Jeffrey Segal, has been advising its members to use a standard one-page “contract” with all patients before they treat them. The document specifies “you agree to refrain from directly or indirectly publishing or airing commentary” about your doctor or your medical records. 

This practice, begun in 2007 and in use by over 1000 physicians nationwide, is in response to various doctor-rating websites that have become popular, such as RateMD.com. Medical Justice Corporation began as an organization devoted to preventing patients from successfully recovering for their malpractice injuries, and files lawsuits against expert witnesses who agree to testify against doctors.

This type of agreement clearly violates the public policy favoring open discussion of medical treatment. Of course, good physicians have nothing to fear from such discussion. The “contracts” attempt to force patients to choose between health care and their First Amendment rights, and many are simply choosing another doctor instead of signing them.

Patients in Virginia have the right to discuss their medical treatment with whomever they wish, and giving up that right to see a doctor who requires one of these agreements is not a fair trade.

Labels:

Preventing Medication Errors

Labels: Coumadin malpractice Medication error Methotrexate

States Weigh the Merits of Medical Malpractice Caps

Labels: cap damages medical malpractice

Too many lawsuits or too much malpractice?

Watching the news and listening to politicians you would assume there are far too many frivolous lawsuits that are driving doctors out of business.  Is there any truth to those claims?  Well the facts show that the frivolous lawsuit theory is nothing more than a myth according to a recent article published in the Canadian Medical Journal.  Click here to read the article.

Labels: lawsuit malpractice

Medical Malpractice Myths

Labels: medical malpractice tort reform

Medical Malpractice Cap on Damages

Virginia has had a medical malpractice cap for approximately 30 years.  What that means is there is an arbitrary limit to the amount a victim of medical malpractice may recover regardless of how badly the victim was injured or the amount of medical bills or lost wages.  Currently the cap is $2,000,000. 

$2,000,000 is sufficient in most cases, but there are no exceptions to the cap.  In many cases the cap creates an incredible injustice.  Take the hypothetical example of a doctor or nurse who negligently overdoses a 40 year old patient on medications which cause a brain injury.  The patient remains hospitalized for 1-2 months and incurs medical expenses over $500,000.  He can no longer work at his job paying $50,000/year.  He will require in home care or permanent placement in a nursing home at a cost of over $50,000/year.  Therefore even without compensating him for his tremendous pain and loss of enjoyment of life, his medical bills and lost income exceed the maximum recovery under the Virginia:

$500,000 past medical expenses + $1,250,000 in lost income until age 65 + $1,750,000 in future medical bills (based on average life expectancy)

Total medical bills and lost income = $3.5 million

The victim under Virginia law can only collect $2,000,000 leaving him with $1.5 million in uncompensated medical bills and lost income.  Again we are not even taking into account his tremendous loss of enjoyment of life, dignity, pain, and suffering.

We believe that every person and every company should take responsibility for the consequences of their negligence including  doctors, nursing homes, hospitals, assisted living facilities, pharmacists, lawyers, truck drivers, contractosr, etc.

If you believe that you or a loved one is a victim of medical malpractice, you are welcome to contact us by phone at (804) 288-1661 or click here to contact us by email to discuss your legal rights.  We represent victims of malpractice and other types of wrongful conduct throughout Virginia including Richmond, Petersburg, Fredericksburg, Charlottesville, Hampton Roads, and northern Virginia.

Regards,

Josh Silverman

Labels: doctor hospital Josh Silverman medical malpractice Medication error nursing home pharmacist Virginia

Will Someone Take Responsibility for Medication Errors?

Thousands of times a day a patient is injured due to a medication error.  In many cases the patient tragically dies.  We have seen this happen with blood thinners (Coumadin, Lovenox & Heparin), antibiotics (Gentamicin, Vancomycin, etc.) and numerous other medications.  Instead of taking responsibility, doctors, nurses, hospitals and pharmacists start playing the blame game. 

Holding those responsible for medication errors often falls on the shoulders of attorneys.  As attorneys much of our work occurs even before we file a lawsuit.  In the investigation we search all of the relevant medical records including physician notes, nursing notes, and pharmacy records.  We retain experts in these fields to advise us how the medication errors could have been prevented.  Finding qualified experts is a challenge in itself.  Our senior trial lawyer, Tom Williamson, has published several articles on expert witnesses that are available in our online library.  

Our goal is to file the lawsuit early enough that we will have time under the statute of limitations to add new defendants if one health care provider starts pointing fingers at another.  

The following are common types of medication errors:

• Doctor writing the incorrect dose on the prescription,
• Doctor prescribing medication that the patient is allergic to,
• Nurse administering the wrong prescription to the patient.  Often the prescription is intended for another patient,
• Nurse administering the medication incorrectly (ex. vein as opposed to muscle),
• Pharmacist misfilling the prescription (wrong dose or wrong medication),

Medication errors occur in hospitals, nursing homes, and doctors' offices.  Because they occur so frequently we have devoted a practice page to medication errors.  Please visit our medication error practice page for more information or contact us at (804) 288-1661 or by email if you or a loved one is a victim of a medication error.

Regards,

Joshua Silverman

Labels: blood thinner, Coumadin, Heparin, Josh Silverman, malpractice, Medication error, pharmacy error

Half of Pediatricians Would Refuse to Admit Medical Mistakes

A recent study reports two very alarming malpractice statistics:

1. Approximately 7% of all hospitalized children are victims of medical malpractice often due to medication errors.
2. Only 50% of pediatricians would admit to the mistake.

"Pediatricians would admit error only half of the time." U.S. News and World Report, October 6, 2008.


Many of the pediatricians would admit the mistake, but only if it were obvious.  In other words, they would admit their mistake only if the parents would find out on their own.  The distinction between obvious malpractice and hidden malpractice is unethical according this article.  Amongst the most common errors are accidental overdose and adverse reactions to medication.  This issue became prominent when Dennis Quaid's newborn children were given massive overdoses of a blood thinner.  As I've discussed on recent blog posts, overdoses of blood thinners like Coumadin, Lovenox, and Heparin can be lethal and Dennis Quaid's children are fortunate to be alive.  That is why there is a "black box" warning on the physician information sheets for these blood thinners.

As parents we have to trust our children's pediatricians to provide quality care and we expect them to be upfront about their mistakes so we are fully informed about the health of our children and equally importantly so the pediatrician ensures that no other children are harmed.

One of the most common statements we hear from clients as medical malpractice attorneys is that they want to make sure no one else is a victim of medical malpractice.  That point is important.  From my experience, a small percentage of physicians commit much of the medical malpractice.  By holding physicians including pediatricians accountable through medical malpractice claims, you send a strong message that malpractice can not be tolerated and you help to protect other patients from needless suffering.

At Williamson & Lavecchia, L.C. we have represented clients throughout Virginia who range in ages from infants to those in their 90s living in nursing homes and assisted living facilities.  If you or a family member has been a victim of medical malpractice, please call us at (804) 288-1661 or click here to contact us by email. 

Josh Silverman

Labels: blood thinner, Coumadin, Heparin, Josh Silverman, malpractice, medical malpractice, Medication error, pediatrician, Virginia

Trial of a Medical Malpractice Case

Labels: malpractice, medical malpractice, Virginia

Expert witnesses in medical malpractice cases

Labels:

Who should pay when hospitals commit errors?

Labels:

Patient Injuries and Death Due to Medication Errors

Labels:

Should physicians who commit medical malpractice be protected by charitable immunity?

Labels:

Medication Errors Injure 1.5 Million Americans

A report by The National Academies, finds that at least 1.5 million Americans are injured or killed each year due to medication errors. The extra cost of treating these injuries is estimated at $3.5 billion dollars per year excluding lost time from work and more importantly the needless suffering of victims of preventable medication errors.

Medication errors account for approximately 400,000 injuries in hospitals, 800,000 injuries in long term care facilities (nursing homes), and over 500,000 injuries in out patient clinics. 

The report recommends specific steps to reduce the frequency of medication errors.  The report recommends improved communication between physicians and patients as well as improved communication between insurance companies and patients.  You may find it surprising, but patients and their families often are never informed when medication errors occur even when the medication errors cause serious injuries or death.  The report further suggests that patients become more proactive in asking their doctors questions about how to take the medication, side effects, and providing accurate information to their doctors about all the medications they take.

Click here to read the full report.

Most problems relate to carelessness.  At home we all know that we need to be very careful with our medicines so our children do not get their hands on them.  Hospitals need to be equally diligent.  The starting point is the prescription written by the patient's physician.  Illegible handwriting is a common cause of medication errors.  Electronic prescriptions would significantly reduce these errors.  Pharmaceutical companies have complicated the job of nurses and pharmacists by giving multiple prescription medications similar names.  Then comes the problem of giving the correct medication to the correct patient.  In one prior case, our client suffered a heart attack after being given the wrong medicine.  The nurse must verify the identity of the patient, the prescription, the dose, and the correct medicine before administering the medication.

Until these medication errors are reduced, patients will continue to suffer serious and even catastrophic injuries.  If you or a loved one has been injured due to a medication error, please contact us immediately.  Your rights are subject to a strict statute of limitations. 

Sincerely yours,

Josh Silverman

Labels: