The Different Kinds of Surgical Error: Possible Causes of Serious Complication, Permanent Disability or Untimely Death
Medical malpractice, which usually is due to medical error, is a frightening reality in the United States. It can result to life-threatening conditions, prolonged illness, permanent disability or even death. But equally frightening as its effects is the fact that these mistakes are totally preventable, as these are mere results of negligence or carelessness by medical experts – a failure to provide the quality care that patients rightly deserve. In 2010 alone, a report made by the Office of Inspector General for Health and Human Services spoke of the death of about 180,000 Medicare patients – a much smaller figure compared to the figure printed in the Journal of Patient Safety, which ranged between 210,000 and 440,000.
One example of medical malpractice which continues to cause patients great harm is surgical error. Surgery is usually the last treatment opted for by doctors if all attempts to remedy patients’ health complaints, including medication, fail. Though a sensitive and risky procedure, patients still choose to trust their doctor and the surgical team, knowing that they have been trained and have the capability to perform whatever is necessary to make them better. Thus, any mistake that may result from the surgery may be considered a violation of this trust and a grave failure to comply with the standard quality care that patients deserve.
Surgical errors are serious medical mistakes. Based from a list from the Agency for Healthcare Research and Quality of the U.S. Department of Health and Human Services, these mistakes may be: wrong-site surgery; wrong-person surgery; incorrect surgical procedure; improper suturing; accidental puncture or laceration; foreign bodies left inside a patient’s body; removal of wrong organ; complications of anesthesia; post-operative hemorrhage or hematoma, physiologic and metabolic derangement, respiratory failure, or pulmonary embolism; wound dehiscence (a surgical complication wherein a wound ruptures along a surgical suture. This can be due to age, obesity, diabetes, poor knotting, or post-surgery trauma due to the wound); and, wrongful death due to complications from negligent surgery.
Though preventable, the number of surgical errors goes beyond 4,000 every year. This explains the thousands of lawsuits filed against doctors and hospitals each year by injured surgery patients. According to the website of the Law Offices of Yvonne M. Fraser, though, many hospitals and/or insurance companies will try to settle with injured patients and discourage them from ever filing a legal complaint due to the complexities of the legal procedure, besides the high fees that they will have to pay.
Accepting a settlement under such circumstances, according to the law firm, is not advised as there are many issues that a knowledgeable attorney can identify and use to obtain the amount of compensation that meets patients’ needs, not that of an insurance company. Thus, it is best for injured surgery patients or their families to get in touch with a highly-skilled medical malpractice lawyer immediately after a wrong surgical procedure has been committed.
The drug Zofran, generically known as Ondansetron, is a widely used anti-nausea and vomiting medication. It is used in the treatment of various medical conditions, most commonly for the treatment of the vomiting induced by chemotherapy and other radioactive therapies. The drug has various side effects that patients must be aware of, ranging from mild to severe and rare to commonly experienced.
The most commonly experienced side effects of Zofran include confusion, a sensation of lightheadedness, vertigo, increased heart rate, fever, and a shortness of breath. These symptoms are not experienced by everyone who utilizes this drug but patients are likely to experience one or more of these symptoms.
Rare symptoms of Zofran include trouble urinating, discomfort of the chest, trouble breathing, trouble swallowing, changes in mood, cramping or muscle pain, lethargy, and numbness of extremities. While these are less commonly experienced by Zofran patients, users of this drug should be aware of these potential effects. Not all side effects of Zofran will require medical attention, yet some do. Patients should experience reduced side effects as their bodies become accustomed to the drug.
The side effects listed above are merely the symptoms associated with Zofran when it is used for its most common purposes. Zofran can have more long term, serious side effects when used for its less common purposes. Zofran has been prescribed off-label to treat certain uncomfortable pregnancy complications, such as severe morning sickness. According to the website of Williams Kherkher, the recent Zofran lawsuits have raised concerns that the drug can lead to birth defects if taken by women while pregnant. This potential side effect, while not directly experienced by the mothers – the direct Zofran patients, is still a severe side effect that doctors and patients should be wary of before prescribing this drug for this use.
Skin disorders are a very common but often neglected type of injury in a workplace. Anyone can develop any type of skin-related disease or injury while working, and it is important for employees to understand that even though it might seem like a small matter, work-related skin diseases can qualify for a personal injury claim and even Social Security Disability benefits. According to the website of The Seegmiller Law Firm, skin diseases obtained from exposure to various factors during your employment can become a burden for the employee, and could cost employees a number of problems. It is therefore best to seek a lawyer for a personal injury claim to avoid getting into financial and further physical complications that can arise after being injured while in the workplace.
Depending on the skin disease, the effects of these work-related skin injuries can range from mild to severe, and could necessitate expensive medical treatments. Any type of injury to an employee could be very costly, as this often entail being away from work (and lose wages), physical therapy, possible complications, and even unemployment. Employers can also suffer from such issues with workers’ absence, training, recruitment, and compensation payments.
Often, the cause of skin diseases is exposure to chemicals, which could lead to dermatitis, contact urticaria (an allergic reaction to anything that can irritate the skin), leucoderma (white patches on the skin) and skin infection. Sometimes, even lnog exposure to the sun would result to skin cancer. Because these skin conditions are preventable and should be known by the employer as part of the risks of the job, they can still be held accountable if they have failed to provide safety measure such as gears and proper training to ensure the safety of their employees. Likewise, if the employer also lacked in safely keeping the dangerous chemicals, they can be tried for a personal injury suit.
According to the website of an Indiana Social Security lawyer at the Hankey Law Office, while compensation from personal injury can help in covering for damages, the effects of severe skin-related diseases may also qualify the employee to receive Social Security Disability benefits. Skin disorders such as chronic skin infections, severe dermatitis, and photosensitivity (among others) can be grounds for a SSD benefits. It is recommended to contact an attorney regarding options and procedures on filing for SSD benefits, to determine if a claim has a chance of being approved. Because it can take a long and complex process to get the SSD claim approved, it helps to have a lawyer represent you in court as your advocate in order to better your chances of collecting your disability payments. Your lawyer can greatly assist in making the whole process easier and more effective for you.
Court reports are given very important tasks during court proceedings: they are the ones who will maintain court room records and provide transcripts of the court proceedings according to the strict standards required by the law. However, with the advent of technology, there seems to be a shift of the tide and nowadays the role of court reporters are being nudged aside by machines.
Courtrooms today appear to be relying more on machines during court proceedings rather than hire court reporters. Many courts have already started using digital audio recording instead of court reporters for a variety of reasons, one of them being that they offer convenience in “play backs” and costing less than court reporters. Reports also show that it makes it easier for lawyers to review the record, make a citation, or write a brief.
Court reporters today are also keeping up with the technological advances, and are also incorporating the use of several machines and software to provide better services. With today’s clients increasing requests, it is no wonder court reporting is already incorporating different media (such as videotapes, video conference, and many others) in order to bring services that play a critical role in the lengthy and complicated litigation cases. Although there is still a high demand for the traditionally certified court reporter, those who are adept with high-tech services are more favored and preferred. According to the website of Stratos Legal, by using modern technology in providing better services, court reporters are able to give a range of services fitting to each special case. Those who advocate the use of modern technology to enhance court reporting advises a well-designed and unified system that permits the use of digital audio recordings combined with the expertise of court reporters, particularly when complex proceedings are expected. Although many judges are becoming more accustomed digital recordings, the presence of court reporters is still valuable and beneficial for the court proceedings.
The state of New York is famous around the world for being fast, diverse, and very open to opportunities that many are looking for. With the diversity of people living and working in the state of New York, it may be surprising that discrimination in the workplace still exists, and that there are still people who suffer from it despite the laws passed protecting them from such prejudice. According to federal law Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against their employees, mainly from race, gender, color, religion, ethnic identity, national origin, and many others. Employers are also liable if they fail to keep proper steps to prevent workplace harassment and discrimination.
Any company that has more than four employees is required to follow the NYC Human Rights Law. With the advent of gender equality, New York has also adapted laws that protect employees from discrimination based on sexual orientation and gender identity according to both executive and administrative orders and personnel regulations. It is the company’s responsibility to discourage discrimination and harassment in the workplace, and hold worker’s liable for their offensive actions. According to the website of Cary Kane LLP, any misconduct that could eventually lead to a hostile work environment can leave employers vicariously accountable for their failure to address the issue. This could be very troublesome for employers, since employees who can present evidence of their employer not treating them unfairly through discrimination and that the harassment was more than “simple offenses” can be made liable for their actions or inaction.
Additionally, employers are likewise legally prohibited from retaliating against employees who have opposed what is considered unlawful discriminating practices, have filed a suit against the company, or have been involved in the process provided that there is good faith to believe that the actions and conduct of the employer was indeed illegal. Because of the complicated nature of employment laws and workplace discrimination, it is vital to seek help from a lawyer to ensure that your rights are upheld.
With the importance of physical beauty being a top priority in today’s society, men and women go to salons for services that might help enhance their looks. The spas or salons may seem like a very relaxing place that could boost their confidence, but they can still be exposed to dangerous machines and products that could eventually lead to injuries. Many victims of injuries in salons and spas often question whether they can file a personal injury suit against the management. Just as with any type of tort cases, proving the negligence of the spa or salon is the key in a personal injury suit.
Despite the various trainings and qualifications of people who work in salons and spas, accidents can still happen. The most common injuries from salons and spas are burn injuries (from waxes, heating tools, and chemical used in several treatments), lacerations (from scissors or blades), and neck and back injuries. There are other types on injuries, but in order to have a strong personal injury claim, the injury should be significant enough to prove negligence on the part of the employee or the business. However, the injury may have been caused by other factors, which is why you can have a number of defendants in your injury like the manufacturer of the products used, the employee or salon/spa who applied the product or used the machine, or maybe both.
Make sure to provide evidence of the injury; taking a photo and getting medical reports from your doctor can help in proving negligence and possibly a computation for the amount of compensation that will be awarded. Damages may be awarded for medical expenses, pain and suffering, and sometimes even for mental grief. Because each case is different, consulting with a local lawyer, such as a Tennessee personal injury lawyer, can help with your injury claim. Because such claims are not as common as other personal injury cases, it may be confusing for an injured customer to know how to proceed with the injury claim.
Impaired driving is the state of operating a motor vehicle while being affected by a number of things, such as: alcohol, drugs, medication, a medical condition, distractions, sleepiness, or a combination of any of them. In the United States alone, impaired driving accounts to half of motor vehicle accidents, and almost considered a deadly crime. Thousands of motorists are involved in often fatal motor vehicle accidents that are sadly preventable. According to the website of the Abel Law Firm, it is important not only for motorists to know the useful methods of fighting impaired driving in order to prevent serious injuries or even fatalities.
Driving under the influence of alcohol or legal/illegal drugs is one of the leading causes of motor vehicle accidents across the United States. Because of this, various states have already implemented laws and stiff penalties regarding DUI/DWI offenders. State laws often implement a number of methods to help prevent and lower cases of DUI/DWI, such as sobriety checkpoints, ignition interlocks, suspension of driver’s license, and many others. What makes it difficult to control DUI/DWI is that there is presently no national standard of measurement for the level of impairment which makes detection difficult for law enforcement officials.
Hiring an Oklahoma motor vehicle accident lawyer may be necessary if you have been involved in an accident is the state, since the laws can differ from each State. However, the preventive measures can apply to every motorist. Following the BAC (blood alcohol concentration) level of .08% and driving only when at legal age is one way to prevent disastrous road accidents. Keeping your focus on driving and avoiding distractions (eating or being on the phone) in another, along with following traffic rules can keep you in control of your vehicle and avoid accidents. Avoid driving when you are tired or sleepy, or under the influence of medication or if you are not feeling well. Safety measures such as these can greatly lower your chances of being in a motor vehicle accident.
Paying for student loans has been a big problem in the United States, and with interest rates for doubtful debts being 21% higher for vocational courses in comparison with higher education, it is no wonder why many worry about finding ways to pay back their debts or simply filing for bankruptcy. According to the website of Greenway Bankruptcy Law, LLC, filing for bankruptcy can only wipe out student loans in cases where the debtor can prove that the repayment of the student loan will cause “undue hardship” to him/her and their dependents. This can be very difficult thing to prove, which is why it is better to choose a repayment plan rather than filing for bankruptcy.
A new analysis done by the Grattan Institute states that over a third of government loans from students of vocational education and training will not be paid, with women who work as part-time employees being the majority of the non-paying FEE-HELP group. According to the report, the large volume of unpaid student debts is mainly due to the federal government’s failure to assess the suitability or a potential borrower. Furthermore, there are vocational courses that have worse repayment rates compared to others, possibly due to the lower opportunities of earning more than the required repayment threshold which is A$53,000.
The report, authored by Andrew Norton as a submission on the government’s probe into the providers of private vocational education and training, states that the repayment threshold should be lowered to A$50,000. There has been evidence of people manipulating their taxable income in order to be classified under the HELP threshold, and by lowering the repayment threshold will make the taxable income manipulation harder to do and would help reduce the percent of doubtful debt from 40 to 30 percent. As of the moment, there is already a provision being passed under the current legislation to end eligibility to certain education providers and courses.
After being approved by the Food and Drug Administration as treatment for gastro-esophageal reflux disease (GERD) in 1980, metoclopramide has been mass produced generically since 1985. Originally sold by Wyeth as Reglan in 1980, this compound has been tied to the development of tardive dyskinesia, a serious and often irreversible neurological disorder. People with this condition suffer from uncontrolled movements, generally on the lower part of the face. This severe side effect has already been issued on the original label, with further instructions to avoid the use of the drug no longer than 12 weeks. With the increasing number of patients who developed tardive dyskinesia after taking metoclopramide, in February of 2009 the FDA has issued a black box warning (the strongest type of warning) on the label to inform patients of their risks of tardive dyskinesia.
When additional warnings were given to the brand name Reglan, pharmaceutical companies who make generic metoclopramide are also required by federal laws to update their label warning. However, generic manufacturers have not adopted the recent updates on Reglan, and thus have put patients in danger of tardive dyskinesia. Many patients have already considered finding a Reglan lawyer to help them file an injury case against the manufacturers of the generic Reglan for their negligence on failing to warn consumers.
With the hundreds of lawsuits already filed in court, generic drug claims can now be considered following a petition for certiorari that was been filed in an appeals court in November of 2014. According to ruling given by the Iowa Supreme Court, Pliva Inc., a manufacturer of generic Reglan, can be held accountable for any injuries caused to their consumers after they have failed to provide updated warning labels to match their branded counterparts. The defendant, Pliva Inc., have already petitioned to overturn the decision, arguing that the federal law should legally preempt these type of state tort law claims made against manufacturers like them.
Through the years, the issue regarding generics manufacturers being held liable for injuries caused by their drugs due to “failure to warn” or neglecting to update their labels in accordance to their branded counterparts has been exhausted on courts throughout the United States. Presently, federal and state appellate courts are split in their views on the generic manufacturer’s argument on preemption.