Morris & Player PLLC

Miscommunication often a red-flag problem in med mal cases

2021-06-25T06:40:53Z

A recent study (with results similarly echoed by additional efforts) estimates that more than 250,000 patients die from care professionals’ lapses in judgment and other negligent acts each year in the United States.

That is unquestionably shocking, especially for the dire conclusion that medical mistakes rank behind only heart disease and cancer as the leading cause of death in the U.S.

The causes of medical malpractice are myriad and varied. They range from medication mistakes (e.g., wrong drug, wrong dose) and misdiagnosis (delayed, not detected or incorrect) to botched surgeries and anesthesiology glitches. Birth injuries are sadly common and often yield especially heart-breaking outcomes. Ironically, high numbers of patients contract facility-acquired infections, which they might reasonably think would be well contained in a hospital environment.

And then there is communication.

Or, more specially, lack thereof. A recent national article underscoring the material problem of medical malpractice and its key causes points tellingly to unsatisfactory or otherwise failed communications as being closely linked with bad medical outcomes. The U.S. News & World Report states that many problems “begin as a simple miscommunication between members of the care team.”

Why is the seemingly easy task of effectively communicating among health professionals so often failed at in the context of patient care?

A recent U.S. News piece stresses that a distinct “hierarchical structure” in medicine marked by doctors having near unchecked autonomy likely contributes significantly to errors and resulting patient harm.

Translated, that means that nurses and other care providers are often hesitant to speak up and that MD’s sometimes don’t listen even when they do. Select doctors can bully and be impatient. So too can be some supervising nurses.

Another cited source of danger and disconnect centers on so-called “patient handoffs,” a critical juncture where providers share relevant data during shift changes. Much that is important is reportedly not being routinely conveyed among doctors, nurses and other key staff members.

Every patient in Kentucky or elsewhere has a reasonable expectation that he or she will receive competent care at all times. An experienced medical malpractice team of pro-patient attorneys can provide diligent legal representation seeking a maximum recovery when personal injury results from medical negligence.

When an attorney dooms a case or a business deal

2021-06-25T06:41:02Z

Law is a complex endeavor. Kentuckians rely on professionals specially trained and licensed to practice it to promote their best interests in various complex legal matters.

Clients are entitled to representation by an attorney who is knowledgeable and has no conflicts of interest. Attorneys should be held accountable when substandard work product yields client damages.

Sadly, that occurs with some regularity. And when it does, it can bring adverse results for Kentucky business principals who suffer harm from a lawyer's negligent acts or omissions.

Examining the sources of legal malpractice

Legal malpractice can be linked with many factors. Incompetent representation, for example, can doom a client's case from the start. Some otherwise strong claims are compromised or dismissed outright when an attorney misses a key filing deadline or doesn't even know the relevant law in a case.

Ethics violations are also common. They run a wide gamut from lying and disclosing confidential information to adverse parties to settling a case without permission and failing to respond to client communications. Issues concerning client funds are an obvious concern as well.

Then there is conflict of interest, which is often a spotlighted concern in legal malpractice cases. Perhaps an attorney already has a duty to an existing client that would interfere with his or her representation in a new case. A conflict is patently clear when counsel represents a third party with adverse interests in the same matter. That can also hold true when an attorney advocates on behalf of both a business and one or more of its principal employees concerning the same or similar claims.

Our seasoned legal team works closely with valued clients. We determine the merits of malpractice claims, investigating all relevant details and fully exploring recovery options. Our bottom-line focus in every client matter is justice.

We welcome contacts to the firm concerning malpractice-linked questions or any other business law queries.

A Trend To Watch For: The New World Of Digital Health

2021-06-25T06:41:07Z

Expanded health care coverage for digital health services and the general growth in the consumer market for medically-oriented digital products. Seen as a catalyst for improving health outcomes, digital advancements are sought after by clinics and providers alike to facilitate better health. With this new frontier of digital integration in becoming a reality in medicine, will there be a rise in liability issues with medical services and products?

Product Liability

There are already many digital consumer health products that do things such as help count steps and monitor sleep habits, as well as products with more serious medical purposes such as blood sugar and blood pressure monitoring. As more of these instrument measurements become integrated with patients’ health records, a faulty medical product could cause misdiagnosis or the prescription of a wrong medicine.

Medical Malpractice

A paper from the American Bar notes the possibility that health care providers could be held liable for malpractice for patient harm due to reliance on data from digital health technology sources. One of the central questions will be if the physician used sound judgment in the process of integrating interactive and data collection technology into patient treatment.

The Kentucky Connection

Very recently, the Kentucky Legislature passed SB 112, which mandates parity in coverage for telehealth coverage. The bill, which will become effective in July of 2019, will likely mean that many rural state residents will have a majority of their future encounters with healthcare providers over an interactive video connection, email or texting.

While this law will provide unprecedented access to Kentucky citizens that live far from health care facilities or find it hard to travel from their homes, critics worry that the lack of an in-person element will mean that more mistakes will happen. More errors will undoubtedly raise the incidence of medical malpractice claims in the state.

As the capability of new technologies broadens, so does the definition of what constitutes appropriate medical care. The digital health trend is worth watching for both advancements in medicine and in the practice of law.

What is the newborn-linked brachial plexus injury shoulder dystocia?

2023-05-30T06:10:27Z

We note the term "brachial plexus injury" on a medical malpractice page of our victims' advocacy website at the established Louisville law firm of Morris & Player, PLLC. The brachial plexus is a neural network that transmits spinal cord signals to a person's shoulders and hands. If a doctor exerts undue pressure by pulling on a baby's head or at the wrong angle, or improperly uses a vacuum or forceps, nerves can be damaged. The results can be materially adverse and permanent. One common brachial plexus injury is shoulder dystocia, marked by damage done when a delivery team acts improperly trying to free a newborn's shoulders through the birth canal. The resulting complications can indeed be dire. A March of Dimes online spotlight on shoulder dystocia notes that delivery errors can cause paralysis to an infant's shoulder, hand or arm. In especially severe cases, oxygen deprivation can bring about brain injury or death. Mothers, too, can suffer, from tearing of organs and heavy bleeding. An unusually large baby is a potential indicator of heightened delivery risk and problems. So too is a comparatively large mother, and/or one who is pregnant with twins, has diabetes, is running late with labor (which is induced) or has had a shoulder dystocia-linked delivery in the past. We duly note on our website that we handle such cases "with discretion and compassion," seeking to obtain truly meaningful remedies and maximum recoveries for our valued clients and their families. No one demands perfection in medical professionals. It is reasonable to assume their competence as they act in vitally important matters, though. That includes holding them accountable when they act negligently and are direct catalysts in resulting birth injuries or other medical harm.

Improper medical treatment may mandate monetary damages

2021-06-25T06:41:17Z

Medical malpractice in Kentucky and elsewhere exists when a medical professional provides services that are recognizably substandard and below the minimum standard of care required of a reasonably competent practitioner under the same or similar circumstances. This standard of due care under the circumstances is the familiar obligation that must be honored in all cases based on negligence. Where substandard or improper medical treatment is provided to the patient, the provider is generally liable to compensate the patient for all damages flowing directly and substantially from the negligence.

Negligence requires a duty owed, a breach of the duty and causation between the breach and the harm caused. The duty is automatically established by virtue of the relationship of doctor and patient. The breach of duty consists of falling below the standard of care in the services provided. However, even if a doctor is negligent, he or she is not liable for damages unless it is proved that the injuries complained of were caused substantially by that negligence,

The imposition of liability may be imputed to hospitals and clinics under an agency theory of recovery. This means that the principal may be found liable for the tortious actions and resulting injuries caused by the agent while acting within the intended scope of the agency or employment. Each state has the right to impose restrictions and limitations on the patient's right to sue for medical malpractice. These laws fall into the so-called category of what the medical and insurance professions call tort reform.

Restrictions on the patient's right to sue for substandard or improper medical treatment are premised on the idea that the rising cost of health care is driven significantly by high medical malpractice awards. However, government studies have discounted that theory and concluded that the savings from tort reform would be no more than one half of one percent of the existing amount of health care spending, including here in Kentucky. An individual who believes that he or she may have been the victim of medical negligence will be best served by obtaining a consultation with an experienced medical malpractice attorney.

Source: findlaw.com, "Medical Malpractice Overview", Accessed on May 14, 2018

FDA Puts E-Cigarettes On Unsafe Products List, Warns Retailers

2023-08-08T03:58:46Z

The U.S. Food and Drug Administration is a federal agency that is tasked with warning consumers and retailers in Kentucky and elsewhere about defective or unreasonably dangerous products. One product that is becoming a known danger in the FDA lexicon of unsafe products is the e-cigarette. The agency has issued warnings to retailers to stop the illegal sales of vaping products to minors under the brand Juul. The product has been tagged with a large amount of evidence that presents it as carrying health risks, including as a potential gateway to acquiring the smoking habit for life. In addition, FDA officials report that the device can overheat and explode if mechanically defective. Young people have used the product to "vape" at school and in public. The process involves heating a liquid into an aerosol device and inhaling the smoke, which is called vaping. The liquid may also contain harmful toxins and carcinogens. What most users don't know, according to the FDA, is that the device contains nicotine in every puff. The product thus contains health risks and the possible risk of explosion and burn injuries. The manufacturer, Juul Labs, is cooperating with the FDA to eliminate use by children. The company bills the product as an alternate, safer method of smoking for adult smokers. A consumer in Kentucky or elsewhere may bring a lawsuit for personal injury against a retailer or manufacturer of unsafe products that the consumer has used in the manner directed. When those basic elements are proved, the consumer can collect damages on a legal theory of strict liability. In that case, contributory negligence by the user is not a defense to liability. Negligence and warranty are other legal theories that are pursued in product liability cases in addition to strict liability. Source: cobess.com, "FDA cracks down on sales of Juul tobacco products to minors", April 25, 2018

Unsafe products can lead to product liability claims

2021-06-25T06:41:27Z

Every day, Kentucky residents purchase products for a variety of reasons. Perhaps the product is intended to make a task easier to perform, or perhaps it is intended to enhance the individual's appearance. Regardless, when the individual purchases the product, he or she expects that it will perform as advertised. Unfortunately, not all products do, and some can, in fact, be considered unsafe products.

When the consumer begins to use the product, he or she anticipates that it will perform as expected. He or she does not anticipate that the product will create injury in some way. However, if the product does cause injury to the consumer, it is possible that a valid products liability claim can be brought against the manufacturer and/or business responsible for selling the product.

Under strict liability, a claim can be made if the product contains an "unreasonable dangerous" defective part or parts that causes injury to its user. As a part of this claim, the user must also have been using the product in a manner for which it was intended to be used. Finally, the product cannot have been altered or changed in a manner that would have possibly changed the product and how it functioned.

Fortunately, most unsafe products often never make it to the Kentucky consumer. But, when they do, the results can be devastating. If this happens, there may be legal recourse available to provide come compensation for the injury while results. Experienced legal counsel can review the situation and recommend the best way to proceed.

Source: injury.findlaw.com, "Proving Fault in a Product Liability Case", Accessed on May 25, 2018

Traumatic brain injury can represent a serious damages claim

2021-06-25T06:41:32Z

Kentucky has its share of traumatic brain injury cases from a variety of sources, such as sporting events, automobile accidents, pedestrian accidents, workplace injuries and other traumatic events. Brain injury is not always as easy to prove as it is to diagnose. Sometimes, brain scans do not pinpoint the injury, or they reflect a limited picture of the true extent of the damage. Medical science is beginning to learn more about traumatic brain injury and concussions, which are suffered by victims of car and truck accidents, other traumatic accidents, as well as football players and other contact sport athletes.

In a typical rear-end collision, the rapid-fire, intensive back-and-forth movement of the head causes the brain to be knocked violently against the skull and to cause a bruising of the brain. The mechanics of this "whiplash" process is often associated with severe cervical damage to the neck and related areas, but it also may result in a serious concussion that may create a whole host of brain injury symptoms for the accident victim. A fall from a ladder and striking the cement below with one's head can result in a similar concussion kind of injury, and there are many other traumatic accidents that can lead to a similar outcome.

Symptoms can include chronic head pain, affected vision, sensitivity to light, memory loss, severe mood changes, dizziness, loss of balance, speech defects and numerous other injuries. In proving traumatic brain damage from auto or truck accidents, personal injury attorneys may employ the services of a medical expert called a neuropsychologist. This expert can perform a battery of tests and testify to the connection between the victim's symptomology and the areas of the brain affected.

Various rehabilitative treatment protocols are available for traumatic brain injury. Contrary to prior medical thinking, it appears that the patient can produce new brain cells, or reinvigorate brain functions, to make improved recoveries. The extent of damage in each patient, however, is an individual matter that requires medical proof. In Kentucky, attorneys familiar with brain trauma cases are best prepared to prove the debilitating effects of traumatic brain injury.

Source: medicalxpress.com, "How injuries change our brain and how we can help it recover", MIchael O'Sullivan, April 27, 2018

Improper medical treatment includes a wide scope of factors

2021-08-18T17:02:12Z

A medical malpractice case, whether occurring in Kentucky or elsewhere, is based on the existence of negligence. This is the standard concept that applies in many other kinds of personal injury claims. In its simplest expression, it means the failure of the medical provider to use the degree of due care required under the circumstances. It can be manifested in cases involving improper medical treatment, surgical errors, misdiagnosis, birth injuries, errors in administering anesthesia and numerous other mishaps.

Negligence is just one of multiple factors that the plaintiff must prove. First, there must be a legal duty imposed on the defendant to act to keep the plaintiff safe from harm. This applies automatically in the typical doctor-patient relationship. Second, there must be negligence, the failure to use due care. Third, the plaintiff must prove legal causation, i.e., that the defendant's negligence is a substantial factor in having caused the plaintiff's claimed injuries.

The plaintiff has the burden of proving the foregoing elements by a preponderance of the evidence. That is not an exacting standard similar to the test of reasonable doubt in a criminal case. Thus, the plaintiff does not have an extraordinarily heavy burden in proving the elements of a civil case against a medical provider.

Therefore, a medical provider in Kentucky and elsewhere commits medical malpractice when there is a failure to provide even the minimal standard of care that would be performed by a like professional of similar training and experience under the same or similar circumstances. That failure must cause the injuries claimed by the patient. Whether it be in the form of improper medical treatment, surgical errors, misdiagnosis, mishandled childbirths or any of the wide range of other mishaps, the patient and the patient's family must always be vigilant to question unusual and highly unexpected outcomes and to go a step further and find out the causative factor involved.

Source: law.com, "As Medical Technologies Reduce Errors, Malpractice Attorneys Must Stay Informed", Shaun Patrick, April 26, 2018

Pediatric cancer must be timely and accurately diagnosed

2021-06-25T06:41:43Z

Going to the doctor when you think something is amiss with your health is the first step in finding out what is wrong. For parents, there is often a guessing game that comes with determining when something is wrong with your children's health. You count on the doctors to diagnose what condition your child has when there is something that just isn't right.

It is interesting to note that each of a child's life stages has some specific health concerns. For newborns, the most common issue is a birth injury. There isn't much of a chance that the baby will be born with cancer, but it could happen. As the child moves beyond the newborn stage, there is an increased risk of pediatric cancer. In fact, an average of 43 children are diagnosed with cancer each day in this country.

Sometimes a death sentence

Pediatric cancer doesn't discriminate — it can kill children Around 12 percent of children who are stricken with this disease die from it. For some patients, the difference between life and death is tied to the speed of diagnosis and treatment. A child who had a good chance of survival could end up passing away if the cancer isn't diagnosed and left to spread until it is beyond a cure.

As a parent, you turn to the doctors and assume they will make an accurate diagnosis based on the information. The issue that might come into the picture is that doctors often try to rush patients through their appointments. They might chalk up some of the more common pediatric cancer symptoms to a viral infection.

Misdiagnosis is unacceptable

It is true that many symptoms, such as fevers, pain, fatigue, profuse sweating and bruising that signal life-threatening cancers also can indicate viral conditions. This is one of the reasons why doctors need to be thorough when they examine patients. Trying to rush can easily lead to misdiagnoses. Doctors need to slow down to prevent misdiagnoses stemming from negligence.

When cancer is allowed to spread freely, the child's life can be shortened considerably. There might not be much that can be done to fight advanced cancer, but the parents of a child who is stricken with this disease will want to explore all of the available options. One that they shouldn't forget about is holding the negligent doctor accountable for the child's untimely death.