Medical Malpractice Blog Bellingham

Boarding Patients in Emergency Room Hallways Can Increase Risk of Medical Error

The reality in most emergency rooms around that country is that many patients wait several hours to be evaluated, treated and finally admitted to the hospital. Far too often, patients end of “boarding” in emergency room hallways as they await for a hospital bed to open. This opinion piece published on NPR, talks of a bedridden patient with chest pain who spent 47 hours in the hallway before they were finally moved into an open spot in the cardiac unit. According to the Centers for Disease Control and Prevention, in 2016, two-thirds of American hospitals boarded patients in the ER for more than two hours while waiting for an inpatient bed, affecting about one in five patients.

(more…)

New Jersey Patient Receives Kidney Intended for a Different Patient: Wrong Patient Surgery

As reported by the BBC.com, a patient at a New Jersey hospital was given a kidney meant for a different patient earlier this month. The patients – who have not been identified – had the same name and were of a similar age. The wrong patient surgery was discovered one day after the transplant surgery by a member of the hospital’s clinical team. A spokesperson for the hospital says that this was an “unprecedented event” and that both patients have now received kidneys and are doing well. The patient who was supposed to receive the original kidney was given a different one about a week later.

(more…)

Pakistani Pediatrician Charged with Medical Negligence and Manslaughter after Allegedly Reusing HIV Infected Syringes

As reported by the Independent.co.uk, almost 900 Pakistani children and about 200 adults have tested positive for HIV in the city of Ratodero after receiving injections from a doctor that allegedly reused HIV infected syringes. Some children have died after becoming infected and those that are living with the disease are often shunned because of a misunderstanding that HIV can be contracted by touch. Health officials believe that the true number of those infected could be higher as they have tested less than one quarter of Ratodero’s 200,000 residents to date. According to the United Nations’ taskforce on HIV and Aids, HIV infections in Pakistan have nearly doubled to 160,000 since 2010.

(more…)

Obstetrician in Portugal Suspended in Failure to Diagnose Case

As reported on bbcnews.com, medical council officials unanimously voted to suspend a Portuguese obstetrician for six months after a baby was born in his care without a nose, eyes or part of his skull. Dr. Artur Carvalho is being accused of negligence for a failure to diagnose and notify the parents of baby Rodrigo about their son’s severe physical abnormalities despite the three ultrasound scans performed during her pregnancy under his care. Making matters worse, the mother had a fourth, more detailed ultrasound at a different clinic when she was six months into the pregnancy and was told that there could be abnormalities. When she brought up the risk to Dr. Carvalho, he allegedly dismissed the concerns. When the baby was born with the obvious disfigurements, his parents were told that he would only live a few hours but he is still alive and in hospital care after a few weeks.

In light of this allegation, at least six other medical complaints about this OBGYN involving a failure to detect health issues in other babies have been brought to light. Many Portuguese citizens are outraged as its been revealed that several criminal complaints brought by these parents against Dr. Carvalho were dismissed. Questions are being asked about the country’s procedures for complaints against health professionals. While Dr. Carvalho has not publicly commented on any of the complaints made against him, he has agreed to stop performing procedures while he is under investigation according to Miguel Guimarães, president of Portugal’s medical association (Ordem dos Médicos).

What is failure to diagnose in a birth injury case?

According to birthinjuryguide.org, failure to diagnose has happened when a healthcare provider failed to properly detect and diagnose an illness or condition that could have otherwise been treated. In some cases, the healthcare provider misses the condition entirely and in others the condition is misdiagnosed. Failure to diagnose a health condition can lead to severe long-term injuries, sometimes even death.

When a patient’s OBGYN fails to diagnose a health condition during a pregnancy that directly leads to birth injuries to the mother or infant, there may be an option to bring a medical malpractice claim to recover damages. Damages range from pain and suffering and mental anguish to funeral expenses, medical bills and more.

Common reasons for failure to diagnose during a pregnancy:

• Failure to identify fetal distress
• Failure to detect/monitor infections in the mother
• Failure to detect/monitor/treat gestational diabetes or preeclampsia
• Failure to review the mother’s medical history
• Failure to conduct a thorough medical exam
• Failure to order appropriate tests or screenings

Seek the help of a birth injury lawyer

If you or your infant sustained a birth injury because of medical negligence or you lost a loved one due to a preventable medical error during birth, you have enough to deal with. Let an experienced birth injury attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a medical negligence lawyer. Call the most experienced practicing medical malpractice attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing people injured by medical negligence in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!

Birth Injury Caused by OB/GYN Negligence

Pregnancy and birth happen every day all around the world. While most pregnancies and deliveries go smoothly and result in the birth of health babies and mothers; tragic birth injuries do happen. Data from the birthinjuryguide.org shows that of every 1,000 infants born in the United States, six to eight will suffer a birth injury that occurred during gestation or the delivery process. The sad reality is that the United States is the most dangerous place in the developed world to give birth (except for California). The maternal mortality rate has more than doubled in the U.S. over the last 30 years, despite medical advances in other fields and decreasing maternal mortality rates in other developed countries. In 2015, the U.S. maternal birth injury rate was 26.4 per 100,000 births. In 2006 alone, 157,700 mothers and infants were injured during birth and experts estimate that about 50 percent of these birth injuries could have been avoided with better obstetrical care.

(more…)

Steps to Take If Your Valid Health Insurance Claim is Denied

Most insured Americans have frustrations with their health insurance company. If we haven’t been denied care ourselves, we may have heard stories about people who are gravely ill being denied prescription drugs or necessary tests, procedures or medical treatments. Even Medicare sometimes denies legitimate claims. In the worst cases, people who were denied coverage have died as a result.

If your valid health insurance claim was denied and the lack of care caused your illness to progress or your loved one’s claim was denied and they died as a result; then you may be able to recover damages with the help of a personal injury lawyer.

(more…)

Can a Nurse be Held Responsible for Birth Injuries?

According to the birthinjuryguide.org, between 6 and 8 per 1,000 babies born each year endure a birth injury in the United States and the majority of these injuries are preventable with proper medical care.

A birth injury is any form of injury endured by an infant during pregnancy or delivery. There are many ways that a birth injury can happen. Common causes of birth injuries include the use of prescription or illegal drugs during pregnancy, aggressive birthing tactics, delayed birth, or oxygen deprivation due to a failure to recognize signs of fetal distress during delivery. When a medical professional fails to act within generally accepted guidelines for a medical professional under similar circumstances, they may have acted negligently. If an injury happens as a result of negligence, a medical malpractice claim may be an appropriate way to recover damages. Medical professionals include doctors, pharmacists and nurses.

(more…)

Can I Sue My Health Insurance Company Under the Insurance Bad Faith Law?

Each of us has a right to expect that our health insurance companies will act in good faith when handling health insurance claims or a request for care that is covered under our policies. When legitimate health care is denied, there can be terrible consequences to patients including the progression of an illness or even the death of a loved one. When a health insurer acts in bad faith, the insured may be able to recover damages through a civil lawsuit.

(more…)

Doctors Found Negligent in Wrongful Death Case Involving Florida Woman Who Died After Childbirth

As reported by the Miami Herald, doctors who delayed a scheduled C-section for a Florida mom for over 14 hours have been found negligent in her death. The woman bled to death after giving birth to her last child, Lillian, in July 2015 at Broward General Hospital. A Broward County jury awarded $24.5 million to the family of the mom who was 34-years-old at the time of her death.

(more…)

Dozens of Medical Professionals Charged in Federal Opioid Sting

As reported by NPR, On Wednesday, April 17, Federal prosecutors announced that they are charging 31 doctors, seven pharmacists, seven other licensed medical professionals and eight nurse practitioners for alleged opioid pushing and health care fraud involving 350,000 prescriptions for controlled substances. The charges are a result of work by the Justice Department’s newly formed Appalachian Regional Prescription Opioid Strike Force. Fourteen health care fraud prosecutors were sent to regions of Appalachia known for rampant opioid abuse, overdoses and deaths in order to build cases. The work began in January, 2019 when they used data analysis to find outliers in opioid prescriptions. From there prosecutors issued search warrants.

(more…)