Category Archives: Damages

Traumatic brain injury: How it affects function

Each hemisphere of the cerebrum is made up of 4 lobes: frontal, parietal, occipital, and temporal. As I think about patients who suffered traumatic brain injury, I see how the location of their injury affects their ability to function. Wilma … Continue reading

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Why It’s Not Just a Blister…

Simple, closed calcaneal (heel) fracture. What comes to mind? Treatment may include a short leg cast, crutches to assist with non-weight bearing, perhaps some pain medication. Possibly surgery. What would you say if I told that there lurks a relatively … Continue reading

Posted in Damages, Pain and suffering | Tagged , , , | Leave a comment

Defense attorney claims no pain and suffering but medical record proves otherwise

In this medical malpractice case, Janine Kelly (fictitious name), a 66-year-old woman went into the hospital for a colon resection after a colonoscopy showed she had a malignant tumor. She expected to be in the hospital for 3-4 days, and … Continue reading

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Do 44,000-98,000 people really die each year from medical errors?

You may have heard the statistic that 44,000 to 98,000 people die each year from medical errors. An often used comparison: this is the equivalent of one jumbo jet crashing every 2 days for a year. Did you know those … Continue reading

Posted in Damages, Healthcare Risk Management, Medical errors, Medical malpractice, Nursing malpractice, Patient safety | Tagged , , | Leave a comment

Plaintiff winner #4: Sexual assault

How do sexual predators gain access to vulnerable patients? They may come in the form of an employee, visitor, staffing agency employee, or patient. The healthcare facility is obligated to know who it hires to provide care. Criminal background checks … Continue reading

Posted in Criminal, Damages, Nursing home, Nursing malpractice, Pain and suffering, Tampering with evidence | Tagged , , , | 1 Comment

Plaintiff winner #3: Dropped during transfer

The sound of a body hitting the floor can bring healthcare providers running. When the sound occurs when a nurse or aide drops a patient during transfer, the next sound may be, “Oh no.” This type of fall may occur … Continue reading

Posted in CMS never events, Damages, Medical errors, Medical malpractice, Nursing home, Nursing malpractice, Pain and suffering, Patient safety, Tampering with evidence | Tagged , , , , | Leave a comment

Plaintiff winner #2: Suicide in the Hospital

Suicide in hospitals is more common than you think. The Joint Commission reports it is the second most commonly reported sentinel event with 816 events reported as of June 30, 2010. Most of these suicides occur in psychiatric hospitals, followed … Continue reading

Posted in Communication skills, Damages, Medical errors, Medical malpractice, Nursing malpractice, Patient safety, Tampering with evidence | Tagged , , , , , | Leave a comment

Plaintiff winner #1: Wrong patient/wrong site surgery

Operate on the wrong patient or wrong side of the body? Unthinkable, you say? According to a new study, surgeons do this 40 times a week! A study of more than 27,370 adverse events self-reported by Colorado physicians was published … Continue reading

Posted in CMS never events, Damages, Expert witness, Joint Commission, Medical errors, Medical malpractice, Nursing malpractice, Patient safety | Tagged , , , , | Leave a comment

Why is Litigation related to Negative Pressure Wound Therapy (NPWT) on the Rise? by guest author Dr. Diane Krasner

Since the 1990s, wound care has taken a substantial leap forward. The new device was first marketed in the US by KCI (San Antonio, TX) in 1995 as the V.A.C. Therapy System. It efficiently provided a means to apply negative … Continue reading

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Salmonella and Eggs by Pat Iyer

Inspections of Iowa egg production farms led to recalls of more than half a billion eggs. The visits to the farms were carried out to check compliance with new federal egg safety regulations that went into effect last month. Inspectors … Continue reading

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