Lansing Personal Injury Lawyer

Surgery Gone Wrong: When A Surgeon Refuses To Stop And Ask For Directions

Devon Glass — Wed, 06 Aug 2008 10:37:22 GMT

Surgery can be a very invasive procedure requiring focus and discipline by the surgeon. Of course there are many types of surgeries out there, from a simple mole removal to a more complicated gastric bypass or joint replacement. It is the surgeon's job to make sure he or she does not operate on the wrong patient, wrong side or the wrong site. If any of these events happen, the surgeon likely committed medical malpractice, and the results can be deadly.

In a case my firm is working on a surgeon was not paying careful enough attention and cut the wrong gall bladder duct, eventually resulting in death. It all started out with Ms. B going in for a very common surgery called a cholecystectomy to remove her gall bladder. Since Ms. B was having gall stones, which can be quite painful, her doctor recommended removing her gall bladder. The surgery is typically done by laparoscopy, which means small holes are cut into the skin and all the surgical tools, including a camera, are inserted into the body and controlled by the surgeon. A laparoscopic procedure is preferred because it generally reduces pain and post surgical recovery. The other kind of abdominal surgery is a laparotomy, where the surgeon opens up the abdomen completely to visualize the abdominal cavity.

While Ms. B's surgery was supposed to be quick and routine, it turned into a long and more complicated ordeal. Ms. B's abdominal cavity, where the gall bladder is located, was very inflamed. Although the surgeon admitted he was unsure of his location in Ms. B's abdomen, he continued to do surgery for 2-3 hours. The surgeon eventually decided to complete the gall bladder removal by laparotomy. While performing the open procedure, it was revealed the surgeon cut the common bile duct instead of the cystic duct. This lead to additional surgeries and complications, ultimately resulting in Ms. B's death.

Unfortunately for Ms. B, the surgeon should have been more aware of his anatomical surroundings before continuing with surgery. Medical mistakes like this can be prevented if a doctor is willing to admit a change in treatment is needed. Had Ms. B's surgeon decided to do an open procedure, rather than dig around for 2-3 hours trying to get his bearings, he likely would have not cut the wrong duct.

Doctors who are afraid to admit they are unsure what they are doing, or when they make mistakes, is nothing new. That is certainly part of the learning process. However, there is a difference between not knowing a procedure will harm someone and continuing to perform surgery when you have no idea what you are cutting. Hopefully, these mistakes will become less frequent, but only after doctors admit they need to step back and reassess the situation when things are not going as planned.

Originally posted at InjuryBoard by Devon Glass

Side Impact Crash Tests Reveal Major Flaw in Small Pickups

David Mittleman — Thu, 31 Jul 2008 09:40:08 GMT

Small pickup trucks offer a seemingly unbeatable combination of utility and fuel-efficiency. For those of us who occasionally have to haul bulky items, small trucks offer capability without the enormous proportions of full-size pickups. Unfortunately, it appears that there may be a trade off: recent tests indicate small pickups might be unsafe in certain types of crashes.

The Insurance Institute for Highway Safety conducted side-impact crash tests on five models of small pickup trucks. The results of the test were unnerving - four out of the five vehicles received ratings of "marginal" or "poor." Side-impact collisions have been a problem for automobile manufacturers for years, and even family sedans are susceptible to major damage from such a crash. While the car itself can absorb much of the energy released in a head-on collision, there is far less metal between the occupants and an oncoming vehicle in a side-impact crash.

Because of their higher stance, small trucks are prone to many of the same risks as SUVs. These include the possibilities of rollover, ejection, and large blind spots resulting in so-called "back-over" accidents. While manufacturers continue to work on mitigating these problems with better technology, it is clear they still have a long way to go.

Originally posted at InjuryBoard by David Mittleman

Deep Brain Stimulators Could Malfunction or Fail Under Certain Conditions

David Mittleman — Tue, 29 Jul 2008 16:01:03 GMT

In 1997, the Federal Food and Drug Administration (FDA) approved the use of deep brain stimulation to treat Parkinson's Disease and certain other neurological disorders. Since then, medical device manufacturer Medtronic has embraced the technology and has aggressively marketed deep brain stimulators, which may also be useful in treating depression. Unfortunately, it appears that some of these devices are at risk of potential failure.

There have been concerns about potential side effects of deep brain stimulation for some time now. New evidence suggests an additional hazard: the devices can malfunction under certain circumstances. Magnets, metal detectors, MRI machines, and other sources of electromagnetic interference may cause deep brain stimulators to reset or fire unexpectedly. In fact, some of the initial studies conducted by the FDA indicated a high prevalence of adverse reactions, some of which were caused by device failure.

This is not the first time Medtronic products have experienced problems. In April of 2004, the company recalled two models of implantable cardiac defibrillators. In February of 2005, Medtronic announced that it was experiencing problems with the batteries in still more of their implantable defibrillators. In February and April of that year, Medtronic also announced recalls of certain external defibrillators. More recently, Medtronic has recalled certain Heparin-coated products used in cardiopulmonary surgery and some implantable infusion pumps.

If you or a loved one uses deep brain stimulation therapy or is considering using it, be sure to ask your doctor about the potential health risks. If you think you have experienced a malfunction with your unit, report the event to the FDA.

Originally posted at InjuryBoard by David Mittleman

Insurance Companies Don't Play By The Rules

David Mittleman — Wed, 23 Jul 2008 09:46:54 GMT

While it is true that nearly 50 million Americans don't have health insurance, this does not mean things are perfect for people who do have insurance. In addition to problems of underinsurance, meaning a person has insurance which is extremely costly and does not provide much coverage, there are also difficulties with health insurance companies retroactively denying benefits. In this scheme, an insurance company combs over your application and your medical history to see if there is any reason at all to deny providing coverage.

Keep in mind, this all happens after they have approved your application and have been providing coverage for months and sometimes years. It's only when you develop cancer or some other expensive to treat disease the insurance company suddenly becomes concerned if you initialed all those pages or forgot to tell them about the cold you had when you were three years old.

The video below shows what it would be like to live life like an insurance company, constantly changing the rules of the game.

Originally posted at InjuryBoard by David Mittleman

Election 2008: Help Prevent Voter Fraud and Make Sure Your Vote Counts

David Mittleman — Fri, 18 Jul 2008 10:42:12 GMT

Who can forget the hanging chads or butterfly ballot from the 2000 Election, or the extremely long lines awaiting inner city voters and numerous complaints of voting irregularities in the 2004 election? While many people recall these stories, most people simply shrug their shoulders and move on. However, there are real concerns about voting integrity, concerns that need to be addressed before another president is elected under suspicious circumstances.

I am not claiming the elections were stolen outright, only pointing out there are many instances of potential concern that, when combined, cast doubt on the validity of the last two elections. Regardless of the outcome in any election, people need to honestly believe the winner was chosen fairly. When there is a cloud of suspicion surrounding the validity of an election, it can erode the authority an elected official has or cause people to believe their vote does not matter. The Onion, a satire website, posted a video playing on these concerns recently about the 2008 election already being decided. There is always a bit of truth in even this level of dark humor.

For a more real take on the current state of voting concerns and how we can improve the process, make sure you check out Stealing America: Vote by Vote. This new documentary film by Emmy and Oscar nominated director Dorothy Fadiman is a fascinating look at the facts behind many claims of voting concerns. The film presents interviews with voters, election officials, and experts to portray a broken electoral system in need of repair. Make sure to check out this film in your area as it makes it way around the country.

As a matter of full disclosure, I am related to Dorothy Fadiman through marriage; she is my wife's aunt.

Originally posted at InjuryBoard by David Mittleman

Jury Duty Scam Seeks to Steal Your Identity

David Mittleman — Thu, 17 Jul 2008 14:51:22 GMT

Serving on a jury is one of our civic obligations - it helps us ensure that everyone receives the fair trial they deserve. A recent, widespread scam seeks to take advantage of this sense of duty to obtain your personal information.

A recent alert issued by the Better Business Bureau of Western Michigan describes the plot in detail. A caller claims to be a "jury coordinator" or other court official, stating that you failed to appear for jury duty. The caller uses threats of arrest and other intimidating methods to obtain your social security number and date of birth so he can "investigate" the matter or cancel your "arrest warrant." As the Better Business Bureau reminds us, don't fall for these bullying tactics.

This scam is only the latest devious example of identity theft. This crime can be committed in any number of ways, but this scheme is particularly underhanded because it undermines trust in our court system. Although identity thieves are constantly changing their methods, there are some steps you can take on a daily basis to protect yourself. Above all, be very protective of your personal information, especially your Social Security number.

If you suspect that you have been a victim of identity theft, take immediate action. Don't wait for the fraudulent transactions to pile up.

Originally posted at InjuryBoard by David Mittleman

Is The American Psychiatric Association Influenced By Drug Manufacturer Money?

David Mittleman — Tue, 15 Jul 2008 09:37:04 GMT

It is common knowledge doctors receive all sorts of free gifts from drug manufacturers, including pens, paper, and coffee mugs, among many other gifts. Since the gifts are so common place these days, it may not seem like a big deal to have doctors accepting such gifts. The drug industry will explain they are simply trying to help educate doctors so that new and better medications are given to patients who can benefit from them. It may surprise you to learn doctors prescribe medications more frequently for drugs they receive gifts for over other similar medications.

The real concern about drug manufacturers giving gifts to doctors who prescribe medications is the potential for only prescribing medications produced by the drug manufacturer giving gifts, even if it is not the best drug for the patient. Due to this concern, Senator Charles Grassley initiated hearings into the financial ties between the pharmaceutical industry and the American Psychiatric Association (APA).

In 2006 the APA has received over nearly one third of its operating budget from the pharmaceutical industry. There is a real concern drug manufacturers are influencing prescribing practices of psychiatrists based upon the financial ties. Although there is no direct evidence yet, and there probably will not be a smoking gun, the appearance of improper influence is enough to cause significant concerns and is not merely baseless speculation.

Harvard pediatrician Joseph Biederman is not well know to most parents, but to his peers his is very influential. He suggested Ritalin may help approximately 10% of children deal with Attention Deficit Hyperactivity Disorder (ADHD), and in 2004 11% of 11 year olds were on Ritalin. The real concern is many drugs are not tested on children before they are prescribed, so there could be numerous unforeseen complications. Senator Grassley has particular concerns about Dr. Biederman not reporting $1.6 million dollars in drug company income.

Of course the failure to properly disclose income from drug manufacturers does not, in and of itself, prove undue influence. It does, however, give great concern to the role doctors play in our daily lives. Are we sure our doctor is giving us a medication because it will help with a specific disease process, or only because he got a free coffee mug from Pfizer? How can we be sure our doctors are looking our for out best interests, rather than Merck's bottom line?

There is no way to know for certain, but with increased scrutiny of gifts received by doctors from drug manufacturers, it may help everyone feel a bit safer. Perhaps a bit of public shaming of doctors would go a long way to clearing things up. There is currently a bill in Congress mandating disclosure of any gifts received by doctors from manufacturers of drugs, medical devices and supplies. This is certainly a good step forward.

Originally posted at InjuryBoard by David Mittleman

Drive-Through Pharmacy Windows: Convenience or Prescription for Error?

David Mittleman — Mon, 14 Jul 2008 14:59:00 GMT

A new study authored by Sheryl Szeinbach, a professor at the Ohio State University, indicates that pharmacists who work at pharmacies with drive-through windows believe the additional distractions associated with the window service can lead to delays, reduced efficiency and dispensing mistakes. The pharmacists who took part in the survey believe the design and layout of their workplace has an impact on dispensing accuracy.

We are closing in on nearly four billion prescriptions being dispensed annually in the United States. Even under the most sensitive internal quality controls pharmacists nationally make approximately 5.7 errors ber 10,000 prescriptions, or 2.2 million dispensing errors each year.

Always check to be sure the drug and dose is what your doctor ordered. Don't be in a hurry. Ask questions and search the internet. Your health is worth the extra time.

Originally posted at InjuryBoard by David Mittleman

Medical Mixups; Hospital Prescription Drug Error Can Lead to Deaths

David Mittleman — Mon, 14 Jul 2008 09:07:51 GMT

We have been aware of the shocking reality that 98,000 hospitalized patients die each year in the United States due to error for nearly a decade. What has been done?

Recently two of fourteen babies died after getting heparin overdoses. Unlike the case involving actor Dennis Quaid's twins, those Texas newborns got the overdose as a result of an error at the hospital pharmacy rather than a labeling problem. The heparin dose turned out to be 100 times stronger than was recommended. Nurses discovered the mistake and administered medication to counteract the effects of the drug.

Medicine mixups, accidental overdoses, and bad drug reactions adversely affect one out of fifteen hospitalized children. That means as many as 540,000 children are harmed every year, according to this recently released study. Hopefully this data will provide strategies to decrease the risk of medication-related harm to our children who need to be hospitalized.

Originally posted at InjuryBoard by David Mittleman

Gas Price Increase Drives Down Automobile Related Deaths

Devon Glass — Fri, 11 Jul 2008 17:09:56 GMT

According to a recent study by professors Michael Morrisey of the University of Alabama-Birmingham and David Grabowski of Harvard Medical School, as gas prices increase there is a decrease in automobile accident deaths. A 10 percent increase in gas price resulted in a 2.3 percent decrease in deaths. Automobile accidents account for nearly 40,000 deaths per year, and it is estimated the recent gas price increase to $4.00 per gallon could decrease automobile deaths by nearly 1,000 per month, resulting in nearly a 1/3 reduction.

This study makes sense if you think about driving habits as they relate to the price of gas. When gas is cheap, we drive more and thereby increase the likelihood of being involved in an accident. When gas is more expensive, we drive less and are therefore less likely to be involved in an auto accident.

A real benefit of increased gas prices is the potential for healthier lifestyles and a better environment. As people drive less and less to save money on gas, there is a potential many of these people will increase walking, biking and other activities as modes of transportation. Less driving also means less carbon dioxide in the atmosphere, which is good for the environment. While to pain of filling up your tank at the pump increases everyday, it is good to know there may be benefits associated with the rise in gas prices.

Originally posted at InjuryBoard by Devon Glass