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Posts tagged "doctor error"

The Federal Government Changes the Program that Rates Nursing Homes

The federal government utilizes a five-star rating program for nursing homes, a consumer tool that has been criticized for its reliance on self-reported, unverified data. Recently, the government announced it is implementing several changes to that program.

Alleged Cancer Misdiagnoses Leads To Death

Russell Means, an American Indian activist, died in 2012. His widow has sued a New Mexico hospital for wrongful death and medical malpractice, alleging her husband's cancer was misdiagnosed.

Widow Receives Verdict Against Hospital

On November 9, 2010, Thomas Haskell, then 63 years old, underwent cardiac bypass surgery at Eastern Maine Medical Center (EMMC) in Ellsworth, Maine. Due to complications, Mr. Haskell died four days later.

Causation and Medical Malpractice Claims

It is always difficult when you or a loved one is hurt by medical malpractice. Unfortunately, in addition to losing your health, your remedies are limited by legislation that was passed in 2003.

Number of Surgical Errors Higher than Expected

A new study just released in the Surgery journal reveals that prevalence of "never events" in hospitals is much higher than previously thought. The analysis was done in hospitals looking at national malpractice claims, and examiners observed that over 80,000 "never events" occurred between 1990 and 2010.

The Statute of Limitations and Medical Malpractice

Generally, patients seeking to sue a hospital or healthcare provider have two years to bring forth a claim of medical malpractice. This is known as the statute of limitations. The two year statute begins running on the date the malpractice occurred.

Medical Malpractice Committed on U.S. Veterans Reaches 12-Year High

According to Bloomberg, payouts on medical malpractice cases for VA claims is at an all-time high. Christopher Ellison went to a veterans medical center in Philadelphia to get eight teeth extracted in 2007. What should have been a routine dentist visit left him permanently incapacitated. The $17.5 million Ellison and his family received in a malpractice judgment against the Department of Veterans Affairs was the largest against the agency in a dozen years -- and one of more than 400 payments the U.S. government made last year to resolve VA malpractice claims, according to agency records obtained through a Freedom of Information Act request. The total cost came to $91.7 million, also the highest sum in at least 12 years.

Medication Filling Errors

Based on the National Observational Study of Prescription Dispensing Accuracy and Safety in a 50 pharmacy test, an estimated 6.5% of all medical prescriptions are filled incorrectly to a point to be of clinical importance. The same study shows that there are roughly 4 mistakenly filled prescriptions per every 250 prescriptions filled daily. Nationally, that is an estimated 51.5 million errors occurring during the filling of 3 billion prescriptions each year.

Study Shows Tort Reform Causes Little Change in Physicians' Practice

In a new study released by the Center for Studying Health System Change (HSC), researchers believe that traditional malpractice reforms enacted by states, such as caps on damages that we have in Texas, do not actually change how physicians practice. In the August edition, it was noted that Medicare patients receive more diagnostic tests and emergency department referrals when treated by physicians who worry more about medical malpractice liability, regardless of whether the state in which they practice has adopted so-called medical malpractice tort reform.

Diagnosis Fatalities

Contrary to popular intuition, surgical errors are not the basis for the majority of medical malpractice lawsuits, but in fact the leading causes of malpractice lawsuits are diagnostic issues. There are several diagnostic issues such as misdiagnosis, delayed diagnosis, or failure to diagnose. Diagnosis is key to knowing which treatment or procedure a patient needs, and so when there is a failure to accurately diagnose a patient, death commonly results. There are generally three types of problems with diagnosis and each can result in severe injury and/or death. Misdiagnosis occurs when a doctor diagnoses the patient with the wrong disease. For example, a patient arrives in a hospital with gastric distress and is diagnosed with a stomach illness rather than a heart attack. Delayed diagnosis is when a doctor gets the right diagnosis, but due to some error or other event is not able to "catch" the disease in time. Finally, there is missed diagnosis. In cases of missed diagnosis, a patient is examined by a doctor and the doctor finds no serious problem. As a result, the patient leaves thinking there is nothing wrong but later finds that there was a latent illness that the doctor missed.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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