Medical Malpractice | InjuryBoard Boston

Most people have heard the term "statute of limitations," and have a vague idea that it creates some kind of time limit for legal action. Many people do not realize, however, how devastating a statute of limitations can be when it expires and extinguishes the right to pursue a valid lawsuit. Victims of a serious injury, or their family members, often suffer a type of emotional numbness when it...

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There was an excellent article written by Dr. Jerome Groopman, of Beth Israel Deaconness Medical Center, in today's Boston Globe, about the causes of medical misdiagnoses. When mis-, or missed, diagnoses occur, they can be deadly. The problem, writes Dr. Groopman, often stems from rigidity in the way doctors think about the symptoms presented by their patients. Dr. Groopman identifies three...

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It may be tempting to think that the value of a serious injury case due to negligence, to a person already burdened with significant disabilities, has to be substantially discounted. Unfortunately, I've dealt with some insurance adjusters who take just such an attitude. They are seriously mistaken. Juries throughout the country, including my own state of Massachusetts, have recognized the value...

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For years, we have been hearing of the importance of a prompt trip to the emergency room or a call to "911" if one is suffering from symptoms of potential heart attack. The expectation is that once in the care of physicians, the various tests available to detect heart attacks will be correctly employed and proper treatment administered. It turns out that getting to the emergency room on time may...

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Chiropractors can seem to work miracles at times for patients with ailing backs. Some people swear by them and I don't doubt their ability to help in appropriate cases. There have been, however, some cases of horrific chiropractic malpractice, resulting in severe injury, even paralysis or death. While chiropractors are trained in the mechanics of the body, they are not medical doctors. As is the...

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Michael Leonard, MD, is an anesthesiologist who has written on the subject of medication error reduction. Readers who have followed my blogs may know that the anesthesiology profession was a leader amongst physicians and hospital professionals in analyzing the causes of medication errors and other medical mistakes. The doctors who studied the problem, such as Lucien Leape, MD, and others,...

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Doctors who are named defendants in medical malpractice cases based on failure to make timely diagnoses, often complain that the plaintiff's lawyer had the benefit of hindsight that they lacked. A review of cases of late diagnosis, however, shows that the real culprit was often a lack of curiosity by the physician. The best doctors are medical detectives and like the best detectives, they will...

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Despite the fact that the anesthesia profession led the way in medical error reduction techniques, there are still too many anesthesia deaths and serious injuries. When anesthesia malpractice occurs, the results are often catastrophic. With general anesthesia, the patient is helpless. Serious anesthesia errors can deprive the brain of oxygen, causing irreversible damage within minutes or result...

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There may be no better way to learn the current areas in which there are the most problems with substandard medical care, than to look at the web site of CRICO/RMF (also known as "Risk Management Foundation"), one of the largest medical malpractice insurers. Risk Management Foundation's web site identifies 4 areas that generate just over 2/3 of all medical malpractice claims. These areas are...

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An estimated 250,000-450,000 Americans are living with spinal cord injury . The primary causes are motor vehicle accidents (nearly 50%), falls, violence (especially gunshot wounds) and sports activities. The majority of victims are males under the age of 30 (some studies indicate that the age range has risen in recent years). Spinal cord injuries are either complete or incomplete and their...

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A recent article in the Washington Post recounted how a fatal airline crash some years ago prompted fundamental changes in the airline industry. The black box tape revealed that the co-pilot had noticed something amiss, but that the pilot ignored his concerns, reflecting the military-style chain of command. In the modern airlines industry, any individual involved in the flight, from co-pilot to...

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A disturbing study reported in the journal Cancer reported that misdiagnosis of cancer is much more common than realized. Worse, the authors concluded that many of the misdiagnoses caused serious harm to the patient. Time is the key element for people with treatable cancers. Treatment for many types of cancers has improved so that complete recovery and long-term survivability is no longer a...

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The image is familiar from television and real life alike: doctors, nurses, orderlies, scurrying through maze-like hospital hallways, off to one task or another. The size and varied crises faced in hospitals makes a certain amount of apparent chaos inevitable. When there is real disorganization, though, the results can be tragic. Miscommunication between medical professionals remains one of the...

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I handled a tragic case a few years back, in which a healthy 41 year wife, and mother of 5 children, died during routine surgery due to operating room miscommunication. The woman, Marie, (not her real name) went to her community hospital complaining of stomach pain and inability to keep food down. She was diagnosed with an obstructed bowel due to non-malignant, non-life threatening causes. The...

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Today's New York Times has a chilling article by Jane E. Brody, detailing a pharmacy error that ended the independence of a previously healthy elderly woman. The pharmacy gave her methotrexate, a chemotherapy drug that suppresses the immune system, instead of her glaucoma drug, methazolamide. The woman took the wrong pills for a month, with a catastrophic result. She ended up in a coma and...

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