Why Following Up With Your Doctor Is Critical

Do not assume that the medical test you just took is normal because you have not heard back from your doctor.

Unfortunately, not all negative test results are communicated
back to the patient.

In a study published in the Archives of Internal Medicine in 2009, it was revealed that doctors often fail to relay the results of medical tests to their patients, especially if the test results are abnormal. In the study, more than 5,000 medical records at academic medical facilities and primary care facilities were examined. It was found that doctors failed to share abnormal diagnostic test results with their patients seven percent of the time.

As a part of the study, the researchers had searched medical records of patients aged between 50-69 for abnormal results on screening tests such as Pap smears and mammography. In 34 percent of the cases, the results of the screening tests indicated imminent danger to the health of the patient and potential for damage over time. Records were then analyzed to check whether the patients were informed of the abnormal results or not. Shockingly, in more than seven percent of the cases, the abnormal test results were not relayed to the patient.

No News is Not Always Good News

When waiting for medical test results, patients tend to assume that no news is good news. However, this is far from reality. Simply because a patient does not hear back from the health care provider, it does not mean that the results are normal. It is dangerous to assume this, because lack of knowledge of test results can delay medical care and it can lead to worsening of the condition. Under certain circumstances, this could be happen because of medical negligence. Delay in treatment or a missed diagnosis as a result of the lost medical test results could be life threatening, and a patient may file a medical malpractice lawsuit against the health care provider at fault.

The researchers that conducted the aforementioned study suggested a five-step approach to record keeping for all health care providers:

• Relay medical test results to the responsible doctor.
• Have the doctor sign the results.
• Inform the patient about the medical test results, irrespective of whether they are normal or abnormal.
• Document that the information was passed on to the patient.
• Ask the patient to inquire about the results in case they do not receive them within a stipulated period of time.

Questions Every Patient Should Ask Their Doctor

Here are some questions that every patient should ask their doctor:

• Why do I need to undergo the medical test?
• What information will the medical test provide?
• Is there another way of getting the same information?
• How do I need to prepare for the medical test?
• What are the risks and benefits associated with the test?
• Will the medical test hurt?
• When and how will I get the results?
• What happens next after the medical test?

St. Louis medical malpractice attorneys recommend that you should properly follow up with your doctor for any test results. It is important to mark dates on your calendar and inquire about the results if you do not receive them within the stipulated time. If you think your doctor failed to diagnose your condition properly or did not relay the results to you, you should immediately consult an experienced St. Louis medical malpractice lawyer.

Call Zevan and Davidson Law Firm at (314) 588-7200 for a free consultation.

Surgical Injuries Caused By Anesthesia Medical Malpractice

Anesthesia is a reversible and temporary condition that results in loss of sensation. 

Loss of sensation normally results from the administration of an anesthetic into the body. The two kinds of anesthetics commonly used are local anesthetics and general anesthetics. The patient remains conscious when local anesthetics are administered, and its effects are limited to a specific area of the body. On the other hand, general anesthetics can cause the patient to lose consciousness.

Use of Anesthesia During Surgery

Anesthesia is administered by an anesthesiologist and anesthetist. It ensures a painless surgery for the patient. Preoperative evaluations are done by an anesthesiologist to develop a strategy for administration of anesthesia. This is done with the help of the surgical team. Before administrating anesthesia, the anesthesiologist takes into account the condition of the patient, airway management, life support, and postoperative procedures. Aside from the anesthesiologist, an anesthetist can also administer the anesthesia under the guidance of a doctor.

An anesthesiologist is a doctor specializing in anesthesiology. On the other hand, an anesthetist is a nurse who undergoes a board certification for the use of anesthesia. The level of training of an anesthesiologist is higher than anesthetists. In many clinics and surgical centers, anesthetists rather than the anesthesiologist administer anesthesia.

Risks in the Administration of Anesthesia

The fear of going through surgery is not only due to the surgical procedure alone, but for many people, it is the possibility of errors in the administration of anesthesia. Not many people are aware that the risk associated with anesthesia administration is not limited to the surgery itself, and a number of things may happen before and after the surgery. If the anesthesia is not administered properly by the anesthetist, the surgery may become a painful experience for the patient. It may even cause serious brain damage, organ and heart failure, comatose, and in worse cases, death. Errors in the administration of anesthesia may result in severe medical issues even if the surgical procedure is successful.

Anesthesia Medical Malpractice

There can be numerous reasons for anesthesia medical malpractice. These include miscommunication among medical personnel, poorly-trained anesthetists, misjudgement, wrong medication doses, inadequate oxygen supply, and improper patient screening for risk factors associated with the administration of anesthesia, including illnesses or allergic reactions.

There are also other issues that can contribute to this situation, including incorrect medication and failure to monitor the patient. These problems normally emerge whenever surgery is performed inside the clinic of the doctor or surgical center. The clinic of a doctor may not have the proper equipment and staff to deal with these medical issues. Whenever these complications arise, the condition of the patient may worsen even before the arrival of an ambulance to transfer the patient to a hospital. Errors in the administration of anesthesia may also happen inside a hospital, which can result in serious medical conditions, like severe brain damage or death.

If you or someone close to you has suffered injury as a result of anesthesia medical malpractice, consult with Zevan and Davidson Law Firm at (314) 588-7200.

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What Should You Do If You Have Problems After Knee Surgery?

It is not uncommon to experience complications after knee replacement surgery.

Knee replacement surgery has become popular as a treatment for severe knee injuries, arthritis, and other problems of the knee. However, it is not uncommon for a person to experience complications after the surgery. In some cases, the complications may arise due to the negligence of the surgeon or another medical professional. If you have been a victim of medical malpractice related to knee surgery, you may be able to file a lawsuit and seek compensation.

Common Hazards and Adverse Effects of Knee Replacement Surgery

During a knee replacement surgery, a metal cover is used to replace the femur or the end of the thigh bone. A metal stem and plastic component are also used to replace the tibia or the end of the leg bone. The posterior cruciate ligament may also be replaced or taken out during the procedure. Complications after a knee replacement surgery include:

• Infection necessitating another surgical procedure.
• Injury to the nerves.
• Persistent pain or inflexibility along the knee area.
• Blood clots in the leg or pulmonary embolism that can reach the lungs.
• Haemorrhaging along the knee joints.
• Urinary tract infection.
• Damage to the blood vessels.
• Limited range of motion.

Requirements for a Medical Malpractice Lawsuit

Just because the knee surgery did not have the desired outcome, you do not get the right to file a medical malpractice lawsuit.  A medical malpractice lawsuit can be filed only if the orthopaedic surgeon failed to comply with the medical standard of care. It is generally not easy to decide whether the complications occurred because of negligence on the part of the surgeon or for some other reason. The jury will be able to give a verdict only after listening to testimonies from medical experts from both sides.

If the surgeon or medical staff had already informed you of the risks associated with the surgery, and you still decided to go ahead with the procedure, then chances are that the informed consent would protect the doctor from litigation unless something out of the ordinary resulted in the complications. However, you may file a lawsuit against the surgeon if you were not informed of the possible adverse outcomes of the surgery, and if you would not have opted for the treatment had you known about the risks associated with it.

There could be some cases in which the negligence would be more than evident, for example, if the surgeon did not insert the knee cap properly, or if the surgeon accidently broke a bone during the procedure. Such cases may qualify for a medical malpractice lawsuit.

Consult an Experienced St. Louis Medical Malpractice Lawyer

If you suspect that the problems you are experiencing post-surgery are a result of the surgeon’s negligence, call Zevan and Davidson Law Firm at (314) 588-7200 for a free consultation.

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Medical Negligence and Heart Surgery

Due to the delicate nature of heart surgery, a patient may be harmed from any digression from the accepted medical standard of care. 

In this article, St. Louis medical malpractice attorneys deal with medical negligence associated with heart surgery and some critical concerns that have emerged from medical malpractice lawsuits.

A Poor Outcome Is Not Automatically Medical Negligence

Heart surgery is a complicated and complex procedure that calls for extreme skill and care. The best surgeons may have to deal with complications even under optimum conditions. The complications often lead to problems such as injuries, infections, and in extreme cases, even death. However, a negative outcome does not always indicate negligence or malpractice by the doctor. There are instances when the procedure is simply not successful. Negative outcomes may be a result of numerous reasons not related to malpractice.

Family members should expect a credible reason for an unsuccessful heart surgery, and they should consult a knowledgeable St. Louis medical malpractice lawyer before they file a lawsuit. They should also consult a medical practitioner to determine whether medical negligence was committed by the surgeon. The family can save both time and money if they consult a St. Louis medical malpractice lawyer and medical practitioner before filing a medical malpractice lawsuit.

What Determines Medical Negligence 

Some medical negligence situations are exclusive to heart surgery. Mistakes in angioplasty, like plaque entering the arteries or an overinflated surgical balloon, may permanently incapacitate or kill the patient. Inappropriate ablation can also have adverse outcomes. Ablation is a method where radio waves are used to treat arrhythmia. When performed inappropriately, the procedure can cause damage to internal organs, such as the heart and can burn tissues.

Medical negligence can also be committed during a moderately simple procedure, like the insertion of a pacemaker or stent. Some of the injuries can also be attributed to defective leads. However, it is extremely important that the doctor follows the appropriate medical standard of care while inserting or removing devices such as lead.

Medical Negligence During Heart Surgery

Heart surgeons can also commit surgical mistakes such as making the wrong incision, leaving foreign objects inside the body, or operating the wrong area of the heart. These situations amount to medical malpractice, and victims can file a lawsuit to claim compensation.

Another type of medical malpractice that can occur during a heart surgery is the inaccurate administration of anaesthesia. Failure to perform appropriate post-operative procedures also amounts to medical malpractice and can invite a lawsuit.

Medical malpractice cases are quite complicated by nature, and it can be very hard to prove negligence without help from medical experts and an experienced St. Louis medical malpractice lawyer. If you suspect that your surgeon was negligent in performing heart surgery, consult with Zevan and Davidson Law Firm at (314) 588-7200.

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Medical Malpractice: How Long to Settle a Case?

"How long will it take to receive a settlement from my medical malpractice lawsuit?"

This is a frequently asked question. However, it is not easy to answer this question since the case may last for a number of years or just a couple of months, depending on the specifics of the case. Settlement negotiations can be done anytime during the medical malpractice lawsuit.

Factors Affecting the Process

In most cases, the settlement period will depend on how complex the medical malpractice lawsuit is, and there are factors that add to the complexity of the case.

• Complicated medical problems
• Complicated legal problems
• Number of witnesses
• Numerous parties involved in the case

For example, an individual hit by a car may go through a number of surgeries performed by different doctors after being taken to a hospital. The individual may acquire an infection during their stay in the hospital. They may file a lawsuit against the doctors and other medical personnel, the hospital, or even the pharmacist. Many parties may be involved in the case. All parties will have to respond to the motion made. Numerous depositions are made, and different questions are asked by the lawyers of each party. All the medical personnel who handled the individual may be required to give a deposition. There are also requests for documents and other processes that will prolong the entire procedure.

The actual person responsible for the medical negligence may be difficult to point out, and all the parties should understand everything about the case before a settlement is made. Therefore, the individual will have to wait a period of time before a settlement is made in the case.

Lawyer Fees Prior to the Settlement

A St. Louis medical malpractice attorney may accept a case through a contingency fee agreement. This means the lawyer will be paid when the settlement is paid. A part of the settlement, which may be one-third of the amount, will be given to the lawyer.

It is also possible for a medical malpractice lawsuit to last for as long as five years, so the lawyer will have to wait for this long period to receive payment. A contingency fee agreement is in the best interest of the victim since it is dependent on the outcome and duration of the case.  The actual payment of the settlement of a medical malpractice lawsuit usually remains uncertain since it is determined by the numerous factors involved in the case.

To improve the odds of winning a fair compensation in a medical negligence lawsuit, it is important that you hire an experienced and competent St. Louis medical malpractice attorney. Call Zevan and Davidson Law Firm at (314) 588-7200 for a free consultation.

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Medical Malpractice: Hospital Acquired Infections

Hospitals and nursing homes are supposed to be clean and hygienic places. People visit these places for treatment of their medical conditions, and if the hospital does not ensure sanitation, it can lead to further deterioration of a patient’s health, and they can contract infections. Failure on the part of the doctors, nurses, or staff at a health care facility to provide patients with safe and hygienic hospital environments often lead to health complications and it amounts to medical malpractice. 

Many people feel that hospital acquired infections are unavoidable. However, that is far from the truth. Research has shown that hospital acquired infection can be substantially reduced if the hospital staff exercises reasonable care in ensuring sanitation, and through enforcement of policies and procedures that promote hygienic conditions. In short, hospital acquired infections are preventable. 

Some measures that can dramatically reduce the incidence of hospital acquired infections are hand washing by staff, proper sterilization of surgical and medical instruments, use of antiseptic solutions, proper isolation of patients suffering from infections from other patients, and various other sanitation and safety measures.

A hospital acquired infection is usually described as an infection that is not related to the condition for which the patient is seeking treatment at the hospital. Normally, an infection that shows up 48 hours or more after the patient gets admitted to the hospital can be termed as a hospital acquired infection. However, some hospital acquired infections cause symptoms only after the patient has been discharged from the hospital. 

Hospital acquired infections can be of several types. Some of them are:

Urinary tract infection: These infections affect organs of the urinary system such as bladder, urethra, kidneys, and uterus. 

Staph infections, MRSA: Methicillin-resistant staphylococcus aureus or MRSA is a common staph infection that occurs in people with compromised immune system.

Surgical site infections: These infections are caused because of improperly sterilised surgical instruments, or other sources present inside the operating room. 

Blood stream infections: These deadly infections include HIV, mumps, SARS, Hepatitis-A, B and C, and tuberculosis. Some of these are treatable, while others can be life threatening. 

Pneumonia: It is a lung infection that usually affects people with low immunity. In severe cases, it can be life threatening. 

No matter what type of infection you have acquired from the hospital, it will be necessary to prove that negligence was involve in the hospital acquired infection case. It will require hospital infection surveys and analysis of medical records. It may also be necessary to analyse the post operative period to determine if the infection was left undiagnosed for a long time, and the delay in treatment aggravated the condition that resulted in serious complications. 

Only an experienced medical malpractice lawyer can help prove negligence in a hospital acquired infection case. If you or someone close to you has acquired an infection during treatment at the hospital, you should immediately consult a competent medical malpractice lawyer with all your case details and medical records.

To speak with an attorney call the Zevan and Davidson Law Firm at (314) 588-7200

Medical Negligence: Stroke Misdiagnosis

Stroke is the third common cause of death among Americans. 

It is also a leading cause of serious and long term disability among adults in the US. Statistics available show that over 150,000 people are killed due to Stroke in United States, and several hundred thousands are rendered permanently disabled. Only timely diagnosis and management of the condition can help minimize the damage. 

 

Failure to diagnose and treat stroke, or misdiagnosis of its symptoms can cause serious health problems, and in worst cases, may even cause death. According to recommendations provided by American Heart Association and the American Stroke Association, a patient with symptoms of a stroke should be given tPA (tissue plasminogen activator), a clot busting drug within three hours of the onset of symptoms. However, there are many cases of medical negligence in which the doctor’s negligence lead to delayed diagnosis or misdiagnosis of stroke, and the patient had to suffer serious, long term implications. 

Medical malpractice attorneys feel that a little more education about stroke can go a long way in helping timely diagnosis and treatment. Some common stroke signs that one should watch out for are:

• Sudden weakness or numbness on one side of the body especially in the face, arm or leg

• Sudden trouble speaking or understanding, state of confusion 

• Sudden trouble walking 

• Sudden vision problems in one or both eyes

• Severe headache that cannot be explained

• Sudden dizziness, loss of coordination or balance

The most common type of stroke accounting for almost 80 percent of the cases is known as Ischemic stroke. It occurs when a blockage develops in one of the arteries carrying oxygen and blood to brain. Blood clots are commonly responsible for the blockage. The blood clots that cause Ischemic stroke can be caused by several reasons including a recent invasive surgery or hereditary conditions. Blood clots can be avoided with timely diagnosis and medication. Any delay in treatment can cause anoxic brain injury, which can lead to serious physical, mental, and behavioural disability. The more the delay in diagnosis and treatment of the condition, higher will be the chances of brain damage. 

The other type of stroke is known as hemorrhagic stroke, which is caused by breaking of blood vessels, which in turn causes bleeding in the brain. Failure to identify the correct type of stroke and provide appropriate treatment can lead to further complications. 

Some common medical errors that cause stroke complications include:

•  Misdiagnosis of stroke and consequent failure to provide appropriate treatment

• Failure to diagnose symptoms of a stroke by way of diagnostic tests to identify blockage by blood clots

• Failure to give anti coagulation treatment to patients with indications of preventable stroke

• Surgical errors that lead to hypotension, which can cause stroke

• Failure to provide tPA in a timely manner

If you or a loved one have experienced an instance of medical malpractice, it is important to seek immediate legal assistance. At the Zevan and Davidson Law Firm we have over 20 years of experience and offer free consultations. To speak with one of our St. Louis medical negligence attorneys call us at (314) 588-7200 or contact us online.

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