August 18, 2008

Pennsylvania Among States Which Won't Charge Patients In Certain Hospital Mistakes

Pennsylvania hospitals are among 23 states which vow not to charge patients for certain medical malpractice events which are classified as "never events". Never events are medical malpractice mistakes that should never occur, such as operating on the wrong patient or wrong body part.

Last September, Minnesota became the first state to announce that its hospitals would no longer charge patients or insurers for avoidable errors. Within weeks, others states began following suit. Before September, a hospital would still charge a patient even in the circumstance of clear hospital error.

In Pennsylvania, hospitals will not bill Medicaid for 16 specific medical malpractice errors. They are:

1. Wrong surgical procedure on a patient
2. Patient death or serious disability from contaminated drugs, devices or biologics
3. Patient death or serious disability associated with use or function of a device other than as intended
4. Patient suicide or attempted suicide resulting in serious disability
5. Patient death or disability associated with medication administration error
6. Patient death from a fall while in the facility
7. Unexpected removal of organ
8. Unexpected amputation of limb
9. Death during or immediately after an operation in a normally healthy patient
10. Patient death or disability caused by incompatible ABO blood or products, two events
11. Maternal death or serious disability during labor or delivery of a low-risk pregnancy
12. Stage 3 or 4 pressure ulcers
13. Severe allergic reaction
14. Retention of a foreign object in a patient after surgery
15. Patient death or serious disability from a burn incurred from any source while in the healthcare facility
16. Patient death or disability associated with a medication error, two events.

At the same time, many of the nation's largest insurance providers — Cigna, Aetna, Blue Cross Blue Shield — have announced they no longer will pay for serious, preventable mistakes.

All of these medical malpractice mistakes are situations that should NEVER OCCUR. This is why they are called "never events". In addition to not charging a patient for the errors, the patient or families should consult with a Medical Malpractice Lawyer for a full investigation of their claim.

August 15, 2008

Medical Malpractice Surgical Errors Cost Employers 1.5 Billion Per Year

Preventable medical errors that occur during or after surgery are estimated to cost employers nearly $1.5 billion a year, according to new estimates released by the U.S. Agency for Healthcare Research and Quality. Alarmingly, the study found that 1 of every 10 patients who died within 90 days of surgery did so because of a preventable error and that one-third of the deaths occurred after the initial hospital discharge.

"Like the physical and emotional harm caused by medical errors, the financial consequences don't stop at the hospital door," said AHRQ Director Carolyn M. Clancy, M.D. "Eliminating medical errors and their after effects must continue to be top priority for our health care system."

This cost of 1.5 billion eventually filters down to every one of us. It is important to keep in mind that this study is very limited in that it only takes into account medical errors incurred during the initial hospital stay following a surgical procedure.

The Philadelphia Medical Malpractice Law Firm of Mednick, Mezyk & Kredo offers a free consultation to all potential clients who would like us to review a case for possible medical malpractice.

July 16, 2008

Pennsylvania Medical Malpractice - A Roadmap

As a Philadelphia Medical Malpractice Lawyer, I am sometimes asked by a perspective client, "What should I expect? What is the process like?" The following is being presented to explain a roadmap to a medical malpractice claim. (This example presuces a Wrongful Death Claims is being presented)

In order to present a Pennsylvania Medical Malpractice Claim, the following steps must be adhered to:

1. First, An Estate must be opened with the Court. Usually a family member is appointed as the legal representative of the "estate".

2. After the Estate is opened, the legal representative signs authorizations for the medical records of the deceased. The Pennsylvania Medical Malpractice Lawyer will request the complete medical record from hospitals or doctors involved in the potential claim.

3. Upon receipt of the medical records, the Pennsylvania Medical Malpractice Lawyer will review the records to get an understanding of the case.

4. The Pennsylvania Medical Malpractice Lawyer will then hire a medical expert, usually in the medical specialty involved in the malpractice, to evaluate the hospital record (or physician records) from a medical standpoint. The attorney will ask the medical expert whether he can support a case for malpractice. In other words, in the medical expert's opinion, were there departures from good medical practices and were those departures from good care practices a factual cause in the injuries or death of the decedent.

5. Once the medical expert has confirmed each of those necessary elements, then the Pennsylvania Medical Malpractice Lawyer will notify the family that he or she intends on proceeding with their case.

6. Shortly after filing a lawsuit, the plaintiff's attorney must file a "certificate of merit" with the Court. This certificate of merit must be signed by the expert who verifies that based on the information then presented to the expert, the expert feels that the hospital/doctor committed medical malpractice, i.e. deviated from good medical practices.

If you have questions about medical malpractice lawsuits in Pennsylvania, contact the law firm of Mednick, Mezyk & Kredo, for a free confidential consultation.

July 14, 2008

Medical Malpractice Claim Sure to Follow Hospital Neglect

The unthinkable occurred. In Kings County Hospital, a psychiatric patient died in the emergency room waiting area while being totally ignored by hospital personnel. The patient was sent to the emergency room to wait for an in-patient bed. She had been sent to the same emergency room the day before with someone to escort her. An outrageous surveillance video of the hospital emergency room waiting area shows the patient falling off of her chair and lying on the floor for about an hour before anyone from the hospital even notices her.

Surely a medical malpractice case will be filed against the Hospital and Hospital personnel. In order to prove negligence, the plaintiff will ultimately have to prove that the Hospital and its personnel deviated from good medical care and that their deviations were a factual cause in causing the death of the plaintiff. Watch the video and judge for yourself.

At Mednick, Mezyk & Kredo, our Philadelphia Medical Malpractice Attorneys represent individuals involved in medical malpractice claims against hospitals and physicians. If you or someone you love has a claim they would like to discuss, contact us for a free consultation.

Related Web Resources:

ABC News: Ignored Psych Patient Dies on Hospital Floor

NY Post: Patient Ignored To Death

July 7, 2008

Hospital Bar Codes Are Not Eliminating Hospital Medication Errors

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Bar codes on hospital medications were supposed to eliminate the medication mistakes in hospitals. However, as reported in the Philadelphia Inquirer, a recent study lead by Ross Koppel of the University of Pennsylvania School of Medicine has concluded that medication errors in hospitals continue to occur.

Medication errors are believed to be the most common mistake in U.S. hospitals. In 2006, the Institute of Medicine estimated that at least 400,000 preventable medication errors occurred each year in U.S. hospitals, resulting in about 9,000 deaths and $3.5 billion in extra cost.

In hospitals that use bar codes, each patient gets a unique identifier that must be scanned when he or she is given medication. Each drug is also bar-coded and scanned. The computer then confirms that the proper medication and dose are being given to the right patient. If the wrong medication or wrong dose are dispensed an alarm goes off.

The study however reveals that nurses often cut corners to keep up in their demanding jobs. And, in so doing, often defeat the purpose of a bar code system. For example, a nurse that needs to dispense refrigerated medication may end up performing the scans away from the patients bedside, making it impossible for the nurse to hear the alarm. Researchers have found all kinds of improvisation occurring, including nurses overriding patient ID scans over 4% of the time.

Our Philadelphia Personal Injury Law Firm represents clients who were injured due to the negligence and mistakes of hospitals and doctors. Contact us for a free consultation.