Posted On: September 16, 2009 by Carmen Dellutri

Eliminating Medical Errors-Medical Malpractice can happen to you

If you don't think a medical error or medical negligence can happen to anyone, you are being naive. This medical negligence/medical malpractice issue is receiving much more attention these days as the President is pushing for universal health care. Please note that the purpose of this blog is not to advocate for the President's plan, but for you, the consumer of medical services, to be informed and cautious about the care that you receive.

I am sure most of you heard the horror story involving Dennis and Kimberly Quaid's newborn twins. The twins were given a massive overdose of the blood-thinning drug Heparin. The hospital where the medical error occurred released a statement that confirmed that three of its patients had received 1,000 times the prescribed Heparinhttp://www.dellutrilawgroup.com/lawyer-attorney-1302961.html. Instead of 10 units per millimeter. Again, the patients received 10,000 units.

President Obama also addressed this issue and health care reform in his address to the American Medical Association wherein he stated that according to the Institute of Medicine, 98,000 people die every year due to medical errors. President Obama stated that "Elimating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention. By taking away the rights of people to hold wrongdoers accountable, the quality of health care will suffer tremendously".

President Obama continued by stating that "the notion that 'defensive medicine' is leading to higher health care costs is not supported by emperical data or academic literature. Recent news reports, CBO and GAO analyses,and statements from administration officials have shown that physicians will over-test and over-treat purely for financial reasons, unrelated to liability concerns." "Limiting the legal rights of the injured patients will do nothing to lower health care costs or aid the uninsured."

Aside from the tragic 98,000 deaths per year, the Institue of Medicine also stated that there are 1.5-million patients that suffer from mistakes with the medicine they're given.

On a personal note, if you are reading this, then you probably know me and know my passion as an attorney. I debate these issues with family members routinely. The medical malpractice issue; especially when victims bring medical negligence claims against a medical provider is an extremely touchy issue.

Many members of my family have voiced strong opposition over the years. However, over time almost each family member has had some sort of "incident" and of course, guess who they call......me. When they call me to discuss his or her "case", I can't refrain from reminding them of his or her prior comments to me about medical malpractice. And every time, without exception, thier prior strong position against medical negligence flies out the door.

Recently, my aunt and I discussed this issue once again while a very close relative was undergoing a medical procedure. Luckily our relative came through the procedure wonderfully. Don't take this out of context, my aunt and the relative have and had the utmost confidence in the physician performing the procedure. However during that waiting period (when thoughts are running wild in your mind and you fear for a person's life) my aunt declared to me that should something go wrong and if the doctor was clearly and unequivocally at fault, she would consider pursuing a claim.

My aunt for the first time was humbled to the notion of bringing a medical malpractice claim, should the worst occur. And so my theory remains, medical negligence can happen to anyone and until it happens to you (I hope it doesnt), don't be so harsh to judge those who pursue their rights against medical providers. Please note that I am not advocating running to see an attorney every time you go see a doctor, that is silly and unreasonable. However, if something happens that just doesn't seem right or hasn't been explained properly, you need to ask the tough questions.

How to protect yourself:

Should you need to visit a doctor's office, please reseach your symptoms or condition prior to your doctor's visit. Make sure when you see your doctor that they answer all of your questions to your satisfaction. Never feel guilty about getting a second opinion. In fact, if you feel you may have a serious condition, please seek a second opinion or consult with a specialist. If you are a hospital patient, please be aware at all times of the medications and the quantities being administered. Never feel ashamed or embarassed that you are requesting confirmation that the medical professionals are accurately performing their job.

If you believe you are a victim of medical malpractice or you have quesitons concerning a medical error, please call The Dellutri Law Group.


This post was written by Amanda Anne Downing, Esq., Partner at The Dellutri Law Group, P.A.

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