Navitsky, Olson & Wisneski LLPNavitsky, Olson & Wisneski LLP2024-03-13T13:17:57Zhttps://www.nowllp.com/feed/atom/WordPressOn Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493782024-03-13T13:17:57Z2024-03-13T13:17:57ZYou can experience negligence in any department of a hospital. A mistake can happen before or after you are treated, resulting in an injury. This is mainly referred to as administrative malpractice.So, how can it happen?
Before interacting with a doctor
Receptionists in hospitals have crucial duties. They collect patient information, answer calls from patients, help patients complete forms and documentation, schedule appointments and remind patients and doctors of the appointments, update patient records and so on. If a receptionist makes a mistake while performing any of these duties, serious consequences may follow. For example, if a receptionist forgets to include a patient's allergic reaction to a medication when collecting their information, a doctor may administer the medicine. Further, if one fails to inform a doctor about a patient who called to complain about certain symptoms after treatment, the patient's condition may worsen.Physicians substantially use the information they get from the front desk to make major decisions, such as diagnosis, treatment plans and so on. Thus, a receptionist failing to include the needed information or inputting information incorrectly can be risky.
After interacting with a doctor
If a doctor orders tests, a test administrator or any other staff member may be in charge. They will collect the sample, handle it and transport it to respective departments. If an error occurs during any of these stages, the test results are likely to be incorrect. This can lead to misdiagnosis.Additionally, if the administrator loses or mislabels a test or result, a patient may have to retake the test, resulting in delayed diagnosis and treatment.If you experienced negligence before or after seeing your doctor, you may have experienced administrative malpractice. Consider legal guidance to know how to approach your case.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493692024-03-03T17:09:17Z2024-03-03T17:09:17ZPatients sometimes feel like their doctor is ignoring them or not taking their symptoms seriously enough. They generally just feel dismissed or they may even think that the doctor doesn’t believe them.
This is a significant problem because it can lead to a delayed diagnosis. But if you feel like your doctor isn’t really listening to you or taking your symptoms seriously, how can you change the situation? Here are a few tips that may help.
Ask questions
To start with, ask your doctor follow-up questions. If they dismiss a certain symptom, for example, ask them what to do if that symptom gets worse over time. Asking questions keeps the doctor from just moving on to the next topic without really addressing your actual concern.
Review your symptoms in advance
It can help to talk over your symptoms with someone you trust at home, before even going to the doctor. This way, you know the types of things you want to mention and you have practice saying them in a concise and efficient fashion. Doctors are often in a hurry, so quickly getting to the heart of the matter can help.
Make a list
Finally, when you go in for a visit with the doctor, just make a list of all of the issues you want to mention or the questions you want to ask. You can always refer to this list, helping to slow the conversation down and ensuring that you don’t leave without saying everything you meant to say. The list also shows your doctor just how seriously you are taking the symptoms.Unfortunately, medical malpractice does happen. If you have suffered harm, be sure you understand your legal options.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493682024-02-29T17:46:49Z2024-02-29T17:46:49ZMisdiagnosis can cause significant medical harm
Reaching the wrong diagnosis or failing to diagnose someone with a condition can both negatively affect a patient's prognosis. A wrong diagnosis might mean that someone undergoes unnecessary treatment for a condition that they do not have. Failing to diagnose a patient might mean that they don't receive treatment that is necessary for their recovery.
Particularly when someone has a condition that may progress, such as a severe infection or cancer, they need a doctor to rule out more severe medical issues before they reach a diagnosis of exclusion. The diagnostic process should include an evaluation of any condition, no matter how rare, that could cause the reported symptoms.
Unfortunately, many doctors don't have enough time to devote to a patient's diagnosis when they present with generic symptoms. Doctors might diagnose someone with scabies due to sores presenting on their body when in reality they have lymphoma. They might diagnose someone with a chest cold when they have lung cancer.
When doctors fail to follow the right diagnostic procedures, which usually means ruling out more serious conditions that can cause certain symptoms, they put their patients at risk of poor medical outcomes. Those coping with the consequences of a drastically delayed diagnosis or grieving the death of a loved one may have reason to pursue a medical malpractice lawsuit against a physician or facility that failed to exercise a proper professional standard of care.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493672024-02-22T17:35:27Z2024-02-22T17:35:27ZPennsylvania law, the driver of any vehicle involved in an accident resulting in an injury to/death of any person or damage to any of the cars involved/other property has a duty to give information and render aid upon request. With that said, there are a few things you should know about exchanging information with another driver.
Driver's license information
You can request that the other driver give you their driver's license so that you can obtain needed information. However, even though doing this allows you to write down details without difficulties while confirming the other driver's identity, you may experience resistance. Sharing driver's licenses and photographing them is often viewed as enabling potential identity theft. Thus, the other driver may be willing to exchange information with you but not hand you their driver's license. If this happens, ask them to spell their full name, and to provide their contact details (phone number and address) and driver's license number.
Vehicle information
You should also gather details about the other car, including its make, model, color and license plate number. Take pictures of the vehicle detailing such information. Consider taking these photos from different angles and get close-up shots as well.
Information relating to financial responsibility
Request that the other driver provide you with the name of their insurance company and policy information (policy number and expiration date). If possible, ask the other driver to give you their insurance card to make work more manageable. If they give you their insurance card, confirm if the information on the card matches the car. If not, find out the reason – the driver may have borrowed the vehicle.
Collecting adequate information after an accident can strengthen any claim for compensation that you may opt to file. Seeking legal guidance can be essential in helping you to get the information you need to proceed successfully.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493582024-02-07T00:36:58Z2024-02-07T00:36:58ZDifferent mistakes can happen in an operation room (OR), including wrong-site, wrong-procedure and wrong-patient surgery. These mistakes should never occur, yet they do.
Here is what to know about them:
Wrong-site surgery
Wrong-site surgery is when a surgeon operates on the incorrect part of the body, such as operating on the wrong level of the spine. This mistake also involves performing surgery on the wrong side, which is common with body parts that are on both sides, for example, when a surgeon removes the right kidney instead of the left one.
Wrong-procedure surgery
Some cases of patients undergoing the wrong procedure have been reported.
Wrong-patient surgery
This is when a surgeon performs the "right" procedure on the wrong patient.
What causes these mistakes?
Incorrect/poor documentation is one of the leading reasons for cases of wrong-site, wrong-procedure and wrong-patient surgery. For example, when a surgeon performs a procedure intended for patient A on patient B due to a similar surname. A surgeon must read medical records in-depth and communicate effectively with everyone involved, including the administrative department. Any discrepancy or missing information should be solved before they enter the OR.Additionally, failing to mark a body part can lead to wrong-site surgery. Left and right confusion is not uncommon among humans. That's why surgeons need to mark the intended body part. This step is also crucial when operating a body part with multiple levels, such as the spine, or multiple structures, such as the fingers or toes.Further, surgeons who don't perform a time-out are likely to make errors. A time-out is a pause that occurs immediately before starting a procedure to verify all elements, including the patient's identity, procedure, site, safety and so on.If you experienced wrong-site, wrong-patient or wrong-procedure surgery, learn more about your options to protect your rights.
]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493402024-01-30T12:26:15Z2024-01-30T12:26:15ZWhat causes cerebral palsy?
Cerebral palsy can be caused by many factors, but one common cause in the medical malpractice contest is oxygen deprivation. This lack of oxygen damages the brain, leaving a child with movement, speech, development, and other issues. Medical mistakes leading to cerebral palsy often occur under the following circumstances:
A failure to diagnose and treat the child’s mother for a condition that exists prior to birth and that could lead to cerebral palsy.
A birthing error that causes the child to lose oxygen, such as when the umbilical cord is compromised, or the child become stuck in the birth canal without quick remedial action.
Newborn illnesses like jaundice and meningitis go untreated, thereby leading to brain damage.
You can read up on other causes of cerebral palsy, as there can be several in the medical context. But if you and your family are dealing with the realities of caring for a child with this condition, then you’re probably wondering how much it’s going to cost and how you can get a handle on those expenses.
How much does it cost to care for someone with cerebral palsy?
Treating this condition and caring for a loved one who has been diagnosed with it can be extremely expensive. After all, your child will have regular doctor appointments, appointments with specialists, medications, therapies, testing, and surgeries to try to make their condition as manageable as possible. Your child may also need to be treated for a co-occurring disorder, like an intellectual disability, thus adding to the expenses that you’d incur.
But how much will your cumulative costs be? That really depends on the specifics of your child’s needs. However, many people who have to pay for this care end up taking on $50,000 or more per year in medical and rehabilitation expenses. You might face additional secondary costs, too. This includes transportation, special education, and medical device expenditures. Together, these financial obligations can be financially crushing.
What can you do if your child has developed cerebral palsy due to medical malpractice?
If you’re child’s condition is tied to medical error, then you should consider taking legal action. A successful medical malpractice claim will not only help you acquire a sense of accountability, but it’ll also give you the financial resources necessary to cover your child’s needs.
Of course, these medical malpractice claims can be highly contentious given the financial stakes involved, which is why you need to be prepared with the strongest legal arguments possible heading into your case.
How do you craft those arguments? While you’ll need to gather medical records and talk to those who have been a part of your child’s care, you’ll also want to secure an expert witness who can help you demonstrate how your child’s medical team breached the applicable standard of care, thereby resulting in your child’s cerebral palsy.
All of that can be difficult to contemplate as you’re simply trying to ensure that your child’s daily needs are met. But that’s why it might be a good idea to seek out any assistance that you need along the way. By doing so, you’ll hopefully be able to acquire a just outcome in your medical malpractice case.
]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493392024-01-24T17:16:42Z2024-01-24T17:16:42ZThe possibility of a patient suffering an injury in a healthcare setting is one of the most concerning matters. If you experience this, you may be eligible to file a medical malpractice claim
But who should you take legal action against?
The healthcare provider
You can hold the healthcare professional who served you liable for your injuries. This can be the physician, nurse, pharmacist, anesthesiologist and so on. If you can prove their actions caused your injuries, you can hold them responsible.
The hospital
Some physicians who treat you in hospitals are independent contractors. This means the hospital may not be accountable for their actions. However, if a healthcare provider who is an employee offers you substandard services, the hospital may be answerable for their actions. This is referred to as vicarious liability. But to hold the hospital liable, the physician should have been acting within the scope of their employment. Note that a hospital can be held liable for the actions of independent contractors in outpatient facilities and emergency rooms. You can also take action against a hospital if it fails to clearly state if a doctor is an employee or not in your admission form. Further, a hospital can be answerable if an issue they have control over causes your injury, whether an employee or an independent contractor treats you. For example, if you contract an illness in the hospital due to poor hygiene. If a hospital allows someone with behavior issues, such as a physician with substance abuse problems or a history of medical negligence, to serve you and you sustain an injury, you can hold it answerable.If you experienced medical malpractice, learn more about your case to determine the party that should compensate you for your damages. ]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493372024-01-08T14:43:27Z2024-01-08T14:43:27ZA hospital's emergency room is where people go when they require immediate medical care. They cannot wait for an appointment with their primary care physician because their condition puts them at immediate risk. They have pain or other concern symptoms that they need to address and may require admission to the hospital and emergency treatment.
Unfortunately, those who go to the emergency room for care don't always receive the support they deserve. Millions of people experience diagnostic errors in emergency rooms every year. What causes the high error rate in emergency rooms?
Hospital workers under stress can make mistakes
Several factors contribute to the rate of diagnostic errors in emergency rooms. The need to engage in triage practices or make snap judgments about people's condition is one issue. The busier an emergency room is, the more likely workers are to make mistakes when determining who needs care most urgently. Additionally, communication issues often contribute to diagnostic failures. Patients experiencing pain or feeling high levels of stress may not properly communicate their condition to emergency room workers. They might share details with one employee that they do not share with another, leading to a lack of information that could impact the diagnostic process. Overworked and distracted emergency room employees may also fail to make note of key details in a patient's chart, which could contribute to diagnostic errors later. When workers at an ER make major mistakes, the patients seeking treatment may not receive the care that they need. Filing a medical malpractice lawsuit could be one way to recoup losses caused by mistakes in the emergency room.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493332024-01-03T17:22:14Z2024-01-03T17:22:14Zoxygen deprivation. Even a brief period of reduced oxygen can cause damage to brain cells, which can potentially lead to significant impairments. The seriousness of any particular injury depends on the duration and severity of the oxygen deprivation.
Causes in medical contexts
In medical settings, hypoxic brain injuries can occur for various reasons. These may include complications during surgery, anesthesia errors, cardiac or respiratory arrest or inadequate monitoring of a patient's oxygen levels. In such cases, if the standard of care is not met, resulting in hypoxia, it may constitute medical malpractice.
Symptoms and consequences
The symptoms of a hypoxic brain injury can range from mild cognitive impairments to severe physical and neurological disabilities. They might include memory loss, reduced motor control, speech difficulties and, in severe cases, coma or persistent vegetative states. The long-term effects can be life-altering, requiring extensive rehabilitation, life-long medical care and long-term support.
Assessing damages and compensation
Assessing the damages consists of considering the current and future impact on the victim's quality of life, the cost of medical care, rehabilitation and potential loss of income. Compensation in these cases aims to cover these costs and acknowledge the pain and suffering caused by the injury.
A hypoxic brain injury is a severe condition that can result in profound consequences for the affected individual. In the context of medical malpractice and personal injury law, these injuries are significant both due to their severe impacts and the complex legal considerations involved, including the establishment of negligence and the assessment of damages.
State law limits how long victims have to file a case against a liable party. It’s critical that victims or their loved ones who want to pursue compensation to promptly seek legal guidance accordingly.]]>On Behalf of Navitsky, Olson & Wisneski LLPhttps://www.nowllp.com/?p=493322023-12-23T15:54:06Z2023-12-23T15:54:06ZWhat sort of medical mistakes are never events?
Exactly what might constitute a “never event” may vary according to location and circumstances, but here are some examples:
Surgery on the wrong body part
Surgery on the wrong patient
The wrong surgery on the right patient or body part
Leaving foreign objects behind in a patient’s body
Incompatible blood transfusions
Incompatible organ transplants
Hospital-acquired pressure sores
Fires and burns during surgical procedures
Improper dosage of insulin
Of these, the four at the top of the list were most common.
What causes these kinds of medical mistakes to happen?
Every medical facility has a lot of moving parts, and every situation has its variables. However, the vast majority of these kinds of medical errors occur due to:
Human error: Fatigue, stress and complacency can all contribute to mistakes in the hospital or operating room.
Technology problems: The integration of advanced technology into every aspect of medical care these days does have its blessings – but it can also create new issues. Electronic health records, for example, are notorious for containing inaccurate information or being so unwieldy that providers miss important details in a patient’s records.
Communication breakdowns: Lapses in communication between nursing shifts, departments within a hospital or during patient handoffs can easily lead to confusion and critical gaps in care
Mistakes happen, but when mistakes happen in a health care setting, they can be devastating. When a medical mistake was entirely preventable, victims and their loved ones have every reason to be angry – and every right to pursue a claim for their injuries and losses.]]>