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Surgery is the 2nd Most Common Reason for Medical Malpractice Claims

March 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – According to a new report from medical liability insurer Coverys, surgery is the second most common cause for medial malpractice claims against doctors. Surgery not only puts the patient at risk, but it also poses a risk to doctors in terms of medical malpractice claims.

Coverys analyzed closed medical malpractice claims from 2014 to 2018 and found surgery-related claims accounted for nearly 25 percent of cases. Diagnosis-related claims accounted for 32 percent, which resulted in more malpractice cases.

Surgeons are a Major Factor in Malpractice Claims

The majority of malpractice claims showed 78 percent, or 2,579 surgery-related claims due to practitioner performance during surgery. All phases of the surgical process, including the care and decision making leading up to and following the surgery, can lead to a malpractice case, according to the report.

Top claims included general surgery (22 percent), orthopedic surgery (17 percent) and neurosurgery (8 percent), making up nearly the 50 percent threshold of surgery-related claims.

29 percent of injuries sustained from surgery were considered “permanent significant,” and 9 percent resulted in a patient’s death. Nearly 39 percent of claims alleged a lack of technical skill of the surgeon; furthermore, 27 percent allege a failure in clinical judgement and/or communication.

Before a surgery begins, physicians have the responsibility to ensure a patient’s participation and understanding of shared decision making. Surgeons are required to document informed content discussions in medical records; however, some physicians require to meet this standard.

Surgeons and insurance companies want to prevent medical malpractice claims because it will cost money, do damage to their reputation, and cause harm to a patient. These concerns are minor compared to the burden a patient must bear after suffering an injury during surgery.

Preventing Surgery Related Malpractice Claims

Coverys offers recommendations to healthcare systems and how they can improve outcomes that prevent surgical mistakes that can be catastrophic, and in some instances, deadly, including:

Physicians should work with patients to develop an understanding of why certain decisions are made by medical professionals and risks involved in certain decisions and procedures.
Surgeons should document informed consent with patients in their medical records. The patients response and any questions should also be included.
Operating rooms should be distraction-free including limited conversation, turning cell phone ringers off, no music, and banning visitors or observers while a procedure is taking place.
Hospitals should adopt similar guidelines to the aviation industry that mandates pilots that pilots cannot perform non-essential duties during high-risk activities.

There is a predominant issue in the medical field that involves distractions in operating rooms, which could furthermore lead to a surgical mistakes or death.

Are You a Victim of a Surgical Error?

There is no doubt that any surgery comes with risks; however, the risks should not include carelessness, distraction, or negligence. Many surgical errors are preventable, but hospitals and doctors must do everything they can to eliminate distractions and communicate to the best of their ability.

Failure to adhere to the standard of care is a violation of your rights of a patient. If you suffer from harm as a result of medical malpractice, you should contact an attorney immediately about your rights and options to pursue compensation. At Dinizulu Law Group, we work regularly with clients who have had to endure pain and suffering and catastrophic injuries due to a surgeon or hospital error. We help victims who are suffering from the negligent behavior of nurses, doctors, surgeons, and hospital healthcare systems.

If you have concerns regarding the care you received or the outcome of a surgical procedure, we can help. At Dinizulu Law group, our team of legal and medical professionals will review your situation and help determine if you have a medical malpractice claim. To get started, request a free consultation by calling us at (312) 384-1920.

Medical Malpractice and Misdiagnosis

October 7, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Misdiagnoses in the healthcare industry frequently leads to medical malpractice which has garnished the media in recent years. In 2015, the National Academy of Medicine announced most people will receive at least one misdiagnosis during their life. Research conducted by the National Academy of Medicine in 2017 showed nearly 100,000 Americans died or were permanently disabled due to an incorrect or delayed diagnosis.

Each year, more reports begin to surface and numbers are steadily increasing in misdiagnoses. Many people struggle to find the right physician to trust, but there are a few things you can do to advocate for your own health.

Ways to Be a Better Health Advocate

Listen to word-of-mouth referrals: Referrals and recommendations from friends or family can be valuable, as they have experience with whichever facility and physician you may be seeking out. Try speaking to a neighbor, co-worker, or acquaintance about how long they have seen this provider and what their overall experience has been like.

Do your own research: In today’s digital age, you have the power to surf the web at your fingertips. Reading reviews of physicians and the healthcare facility are a key component of researching what may be a right fit for you.

Seek a second opinion: After receiving an original diagnosis, do not be afraid to look for a second opinion. Research shows that medical professionals would agree that if you are questioning your primary care physician, you should seek a second opinion. Although this may require a little more work, the importance of your health comes first.

Maintain your own records: It can be a hassle to transfer medical records from doctor to doctor, so it’s important you keep documentation of all medical records so you can see exactly what your doctor is seeing. Apple released an update to their Apple Health App where you can store all health records in one place including medications, immunizations, lab results, and more.

Review your medical records: By law, you have the right to correct any errors in your medical records. HIPPA protects you and ensures that all records are private and you are able to amend the record upon finding errors. It’s important to review the itemized bill as insurers normally work off the summary bill.

Medical errors are the third leading cause of death in the United States according to study conducted by Johns Hopkins in 2018. As many as 250,000 people die every year in the U.S. from medical errors while other reports claim numbers to be as high as 440,000. Doctors are required to provide a standard of care; however, failure to provide this level of care is considered medical negligence.

Types of Medical Negligence

Misdiagnosis: an incorrect diagnosis of an illness or other problem, which can lead to unnecessary or harmful treatment.
Delay diagnosis: a delay in diagnosis preventing a patient from receiving proper treatment in a timely manner.
Medication error: prescribing an incorrect dosage or medication, or failing to check the patient’s allergies to a specific medication or prescribing a deadly drug.
Surgical error: a preventable mistake by health professionals that result in further harm to the patient which can include operating on an incorrect body part or performing the wrong procedures.
Infections: an infection is improperly treated, or the required effort to prevent the infection isn’t made.
Birth injuries: when a healthcare professional or facility fails the standard of care and causes injury to the mother, the child, or both during a pregnancy or delivery that can causes serious, or in some cases permanent, life-long damage.

Contact a Dinizulu Law Group Medical Malpractice Attorney

If you find yourself or a loved one suffering from the negligence of a physician and have concurred health issues from the care you have received, you should seek help from legal counsel who has experience in the area of medical malpractice and negligence. Depending on the circumstance of the case, you may be able to file a claim against your physician, health care facility, and others. Consulting with one of our attorney’s at Dinizulu Law Group can provide you with the necessary resources during a free consultation. Please call our office or visit our website to schedule a free consultation and for more information.

Contact information:

Office: (312) 384-1920

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Report Shows Pharmaceutical Companies Contributing to U.S. Opioid Epidemic

July 19, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Recently released federal data shows how drug makers and distributors contributed to the nation’s opioid epidemic by increasing shipments of opioid painkillers between 2006 to 2012.

The Drug Enforcement Administration (DEA) records show that over 76 billion oxycodone and hydrocodone pills were distributed to U.S. pharmacies during the 6 year time period. According to the U.S. Centers for Disease Control and Prevention (CDC), opioids contributed to more than 100,000 deaths in the United States between 2006 and 2012.

The Associated Press reported Purdue Pharma was fined $635 million for falsely marketing OxyContin as being less addictive than other generic and brand opioids; however, Purdue accounted for 3 percent of pills sold during that time compared to generic drug distributors accounting for nearly 90 percent of sales.

According to the CDC, other prescription and illegal opioids such as heroin and fentanyl have resulted in more than 430,000 deaths in the U.S. since 2000. Between 2006 and 2012, the annual amount of opioid-related deaths rose from 18,000 to more than 23,000.

Synthetic opioids, such as fentanyl, are among the most common drugs involved in drug overdose deaths in the U.S. According to the National Institute of Drug Abuse, there were 59 percent of opioid-related deaths involving fentanyl in 2017 compared to 14.3 percent in 2010.

Local and state governments have requested these records not be released to the public; however, U.S. District Judge Dan Polster, who is overseeing most of the cases, ruled that it could be made public. Records from 2013 to 2014 have not been released yet and have asked to be sealed and protected.

An article released in 2016 by PBS calls the opioid epidemic “the worst drug crisis in American history,” destroying lives nationwide regardless of age, race, wealth, or location. The CDC stated whites and Native Americans have experienced the largest rise in death rates; moreover, by 2014, whites and Native Americans were dying at double or triple the rates of African-Americans and Latinos.

Drug expert Dr. Andrew Kolodny told the New York Times “racial stereotypes” may be an explanation for the gap, saying studies have found doctors are more reluctant to prescribe painkillers to minorities, worrying they may sell them or become addicted.

More than 2,000 state, local, and tribal governments are seeking to hold drug companies accountable for the national crisis. According to the Associated Press, West Virginia, Kentucky, Tennessee, and Nevada all received more than 50 pills for every man, woman, and child each year.

Opioid addiction is a chronic disease that can cause major health, social, and economic problems. Opioids are a class of drugs that act in the nervous system to produce feelings of pleasure and pain relief (U.S. National Library of Medicine). Opioids change the chemistry in the brain and lead to a drug tolerance, resulting in needing increased dosages over time to experience the same effect. Opioids are potent, meaning they have a high potential for causing addiction in some people, even when administered and taken properly.

Medical professionals can make costly mistakes that lead to serious harm or death of a patient. Responsible parties can include:

The physician who prescribed the medication for prescribing too much, the wrong dosage, or failure to monitor the patient after medication has been prescribed
The hospital if medication was given during hospitalization or emergency room visit
The pharmacy and/or pharmacist if the wrong drug or dosage was given to a patient

If you or a loved one has suffered from a prescription drug overdose or medical error, you may seek justice from a negligent medical professional by filing a medical malpractice lawsuit. It’s important to report and hold the responsible party accountable to prevent others from suffering in the same way. The attorney’s at Dinizulu Law Group, Ltd. work diligently to recover compensation for monetary, emotional, and mental losses you or a loved one may have suffered.

Please call (312) 384-1920 or visit www.dinizululawgroup.com to seek legal representation.

Army Veteran Dying of Cancer Delivers Emotional Statement to Congress on Medical Malpractice

July 10, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – U.S. Army Sergeant First Class Richard Stayskal testified before Congress an emotional statement regarding medical malpractice in the military. Lawmakers on Capitol Hill heard testimony about allegations of medical malpractice by Defense Department medical professionals as Congress considers overturning the Feres Doctrine, a legal doctrine prohibiting people who are injured as a result of military services from suing the federal government under the Federal Tort Claims Act for injuries and negligence (Cornell Law).

Stayskal delivered an emotional opening statement to lawmakers explaining a misdiagnosis and inadequate medical care involving a tumor in his lungs that he suffered with for months. Medical professionals brushed off symptoms of walking pneumonia, even though he was on the verge of death throwing up pools of blood.

According to Newsweek, Staksyal was diagnosed with stage four lung cancer in January 2018 – something U.S. Army doctors overlooked or ignored. Over time, his cancer spread to his lymph nodes in his neck, spleen, liver, and ilium crest, which forms a hipbone, along with his spine and right hip.

Lung cancer is the leading form of cancer in both men and women and account for nearly 25 percent of cancer deaths. A five-year survival rate for those diagnosed with stage-four lung cancer is less than ten percent (American Lung Association).

“I want to say that this does affect me obviously, but my children are the true victims,” Stayskal, 37, said. “They will now grow up without a father. Someone that will teach them how to drive, walk them down the aisle when they get married. They seek counseling and special treatment at school. One of the biggest things they try and understand is how this happened.

As Skayskal’s case shows, a failure to diagnose frequently involves medical professionals mistaking symptoms of one disease for another. A misdiagnosis can lead to unresolved treatment needed to prevent symptoms from worsening or becoming terminal.

If you have experienced a misdiagnoses by a doctor for your medical condition, under the breach of standard care, you may potentially seek damages through civil litigation. The Feres Doctrine is a unique consideration that applies only to members of the military.

If your doctor has failed to accurately diagnose a medical condition that has led to serious problems, the attorneys at Dinizulu Law Group, Ltd. are ready to assist you with a malpractice claim. Our attorney’s have experience, resources, and a network of medical professional to build a strong case on your behalf. Please call (312) 384-1920 or go online to schedule a consultation.