Those that do, often learn about it shortly after one of the most joyful events in their lives, the birth of their child. Although relatively rare, this condition is always the result of a birth injury and may have life changing consequences for the child.
Erb's Palsy is a loss of arm movement resulting from damage to the upper portion of the brachial plexus nerves located in the shoulder during the birth process. Brachial plexus nerves provide movement and feeling to the hand, arm and fingers. Once these nerves are damaged, the infant often needs surgery to restore function. However in some situations, like an avulsion, where the nerve root is completely separated from the spinal cord, a child with Erb's Palsy may have permanent paralysis or weakness of the arm or hand.
]]> Causes of Erb's PalsyErb's Palsy happens when an obstetrician fails to properly free a baby's shoulder from its mother's pelvic bone. Babies delivered head-first may have their head, neck and shoulders pulled in ways that damage the nerves; babies delivered feet-first may experience pressure on their arms with the same effect.
Preventing Erb's Palsy in Newborns
There are ways to prevent Erb's Palsy, namely by identifying the likelihood of risk and the practice of proper technique during delivery. Risks increase with the following kinds of deliveries:
• Breech delivery
• Larger newborns (typically caused by diabetic mother)
• Shoulder dystocia - When a baby's shoulder gets stuck behind the mother's public bone after its head has emerged
To avoid potential injury to the infant, most doctors perform Cesarean deliveries once they have identified the infant is at risk. When a cesarean delivery is not an option, there a several maneuvers an obstetrician can follow to free the infant. When performed properly, these maneuvers should allow for a safe delivery. When they aren't, and an infant is injured, it is important to have the birth evaluated to see if medical negligence was behind the injury. Working with a well-trained doctor is the best way to prevent Erb's Palsy.
Thankfully, due to better techniques and better recognition of risks related to Erb's Palsy, the condition is not as common as it once was. However, there are children across the country and in Rochester who remain affected by it.
Source: www.ncbi.nlm.nih.gov, "Brachial Plexus Injury in Newborns," 14 November 2011
]]>However, a recent report published by the AC Group, a health information research technology and consulting firm, advises federal officials to slow down a program that is trying to get hospitals and medical offices to use EHRs.
]]> The authors fear that tight deadlines will cause vendors to rush through testing the software and training the staff. As a result, many hospitals and medical offices that are rushing to move to EHRs may end up with inadequate software. Medical mistakes that result from inadequate EHR systems could result in greater likelihood of inattentive doctors facing medical malpractice lawsuits.Another problem with most EHRs is that they do not have the personal touch that comes along with normal handwritten records. Many alerts coming from EHRs are not customized based on family medical or social history. If there is an order for a drug, they also will not check the order against any lab results. Doctors in New York whose failure to follow through results in the injury or death of a patient may find themselves may face a lawsuit from Rochester laboratory error lawyers.
The authors examined 42 EHRs that were already in place and found the following results:
Like most software, EHRs are also able to store large volumes of data. However, without proper training, this could overwhelm doctors and medical staff. Both physicians and their staff must have the ability to locate and review all of the information to provide their patients with a complete and thorough assessment.
Doctors and medical professionals need to understand that the addition of EHRs to their practices does not negate their duty to make sure their patients are receiving the proper care. EHRs should be a means of facilitating their practice, but cannot be relied on to do their work for them.
Source: www.renalandurologynews.com, "Electronic Records May Increase Malpractice Risk," Ann W. Latner, 13 December 2011
]]>Communication breakdown can occur between a lab or radiology department, or between a physician/doctor and the patient. Test results are a key aspect to anyone's health care, but for people who may be dealing with cancer, they are especially important.
]]> This became all-too-clear when one woman's breast cancer diagnosis was delayed almost a year because of the failure of a physician to follow-up and another's failure to review the critical lab results delivered to his desk. By the time the mammogram screening results were delivered, the woman's cancer had spread well into her chest wall. The lab which analyzed the woman's mammogram had mistakenly sent the results to an orthopedic surgeon, who left the results sitting on his desk the entire time without ever examining them. The woman hired a medical malpractice lawyer and her case was settled.Sadly, the woman was not alone. A recent study in the Journal of the American College of Radiology reported the annual medical malpractice payouts as a result of communication failures was $91 million from 1991 to 2010. It goes without saying that lack of communication is responsible for a significant amount of the medical errors injuring so many individuals in Rochester and across the country.
The study found that of the 306 cases where test results were responsible for the medical malpractice claim, failure to relay test results to the patient made up 143 of those cases and failure to deliver the test results to the attending physician made up 110 of those cases.
According to msnbc.com, experts and advocates believe that coordinating patient care through electronic medical records will help make sure test results get to the correct doctor. To address the problem of doctors reading and communicating results to patients, some health care providers are implementing a multi-layered approach that utilizes a web-based system to prioritize the most important lab results and e-mails doctors about tests that indicate urgent attention is required. The system even has a final precautionary measure that notifies the manager of the practice if the doctor does not respond.
Ultimately, it is the responsibility of health care organizations to ensure that test results are making their way to the proper doctor the doctor reviews those results in a timely manner and makes sure they are in turn, delivered to the patient. Experts agree that patients should not have to hound their doctors to obtain test results. Doctors who order test results, need to make sure follow-up measures are in place to ensure lab results do not slip through the cracks.
]]>The two most common reasons for diagnostic errors are lack of access to information and lack of communication between doctors and nurses. Radiology errors, either by failing to provide test results or misreading tests, are a leading cause of mistakes. This frequently leads to doctors making decisions about a patient's care without having all of the critical information that is needed.
]]> Ironically, the use of Electronic Medical Records (EMRs), which are supposed to aid the flow of information, may actually hinder it. Emergency room employees enter pertinent information into the EMR database, but don't bother to communicate the information verbally to their colleagues in the emergency room.Other sources of diagnostic errors are an inadequate medical history of the patient as well as missing or lost information. Records of abnormal vital signs and misplacing critical information during a shift change could have hospital in New York facing an emergency room negligence lawsuit.
To address these communication errors, hospitals are initiating changes to their procedures such as "the huddle" or "time-out". The huddle is an effort to ensure that all critical information is available to the entire team when treating a patient. The time-out empowers nurses to step-in and suspend the discharge process if they have reason to believe something is being missed.
Source: Dark Daily, "Hospitals Take Steps to Drive Down Medical Errors in Their Emergency Departments," 7 September 2011, Pamela Scherer McLeod
]]>Physicians who discount the risk to young women are also the ones who are likely to dismiss the signs and fail to diagnose breast cancer when it is most treatable. Although only one in 18 breast cancer diagnoses affects a woman under 40, the odds are that the cancer she does have will be a more aggressive form of the disease.
The cost of a delayed diagnosis for a young woman is immeasurable. Undiagnosed cancer in a woman under 40 may mean the difference between life and death.
]]> Studies conducted by the American Medical Association found delays in diagnosis between six and 16 percent of the time. By far, the most common complaint of women who have experienced a delayed diagnosis of breast cancer is the inappropriate reassurance of their doctor that it is nothing without conducting a biopsy.Frequently breast cancers are misdiagnosed as fibroid cysts because both appear as lumps in a woman's breast. Clinical breast examinations alone are not enough to differentiate between them. Upon detection of a lump, a doctor should encourage his patient to get diagnostic testing, such as an ultrasound, mammogram, biopsy or aspiration. Other detection methods include magnetic resonance imaging (MRI), thermography and scintimammography
Unfortunately, testing is not yet perfect. Human errors in performing and reading radiology tests can mean the difference between catching a cancer at an early and highly treatable stage to an advanced stage where certain treatment options are no longer viable.
Until doctors appreciate the cost of a delayed cancer diagnosis, many women will have to be their own advocates. If you've found a lump or your body simply does not feel right, do not be afraid to demand additional testing to be sure. Listening to your gut could save your life.
Source: www.forbes.com, "Young, Healthy...and at Risk for Breast Cancer?" 6 October 2011, Anna Miller
]]>Recent U.S. Department of Transportation statistics reveal that the people in greatest danger of being killed in a construction zone accident are not the workers, it is the drivers and passengers of motor vehicles passing through them.
]]> Transportation officials from federal and state governments have been working earnestly to reduce the number of car crashes in construction zone accidents over the past seven years. Work zones are covered with alerts for drivers from the warning signs at the beginning of the construction zone to the orange cones guarding danger zones to the bright vests of the workers who work tirelessly to build, maintain and repair the pavement.While these safety measures have helped lower fatalities, the number of lives lost remain high. In 2009, 667 people died in work zone related crashes. Of those lives lost, 85 percent of them were either drivers or their passengers.
Drivers passing through work zones need to exercise special caution. Precautionary steps include slowing down and paying special attention to the roadway, whose route may be altered to accommodate the construction. In addition, drivers should avoid distractions such as using their cell phones or load music, which could impair their ability to focus on the road.
Safety on the roadway is everyone's responsibility. Drivers and construction workers alike need to do their part to ensure everyone gets where they need to go in one piece.
Source: fastlane.dot.gov, "As Work Zone Awareness Week Begins, road safety is more important than ever," Press release 5 April 2011.
]]>Governor Cuomo Responds to Tour Bus Accidents
In response to the crashes Governor Cuomo announced the suspension of the operating licenses of 8 charter and tour bus companies for repeatedly failing safety inspections. The companies were singled out because each one of them had failed at least three inspections of buses and/or drivers over the past six months.
]]> Although the New York State Department of Transportation conducts over 160,000 schedules safety inspections a year and 120,000 surprise inspections, these clearly are not adequately addressing the problems with motor coach safety. The agency is responding by hiring 20 additional inspectors to focus on increased inspections for bus companies who have repeatedly had problems with safety inspections.Safety Regulations in New York State
In New York, bus drivers carrying passengers are responsible for completing safety checklists either prior transporting any passengers and must report any deficiencies to the bus company or their representative immediately upon their discovery.
Tour bus drivers must inspect the brakes, tires, lights, mirrors, wheels and rims, emergency exits and equipment as well as the steering columns. If they become aware of a problem during a trip, they must report it for immediate correction.
Regulations Fail to Address Driver Fatigue
The most serious danger to passengers cannot be discovered by a checklist. According to an Amalgamated Transit Union report, a ten-year Department of Transportation study revealed driver fatigue is the number one cause of all motor coach fatalities. The condition of the bus itself was the second followed by the medical condition of the bus driver.
Although the Federal Motor Carrier Safety Administration enforces time restrictions on the driving time of all bus drivers, the agency may not be doing enough to address the causes of these bus accidents in New York.
Tour bus companies frequently push motor coach drivers into working on short notice or extended shifts, endangering the lives of everyone on board. Until motor coach companies are held accountable for these careless infractions, these violations will continue and lives will be senselessly lost.
]]>Surgical mistakes are preventable events that devastate families by creating needless complications that require corrective surgery or treatment in the best scenarios and in the worst cases, these errors can even result in cause death.
In addition, these mistakes are driving up the cost of healthcare. Although precise numbers are difficult to attain, experts believe that the deaths of tens of thousands of Americans each year may be attributed to medical errors. According to a recent study, our country spends an average of $55 billion annually on liability claims arising out of medical mistakes.
]]> Study Reveals that Simple Steps Save LivesSimple measures such as verifying the procedure to be done with the patient, marking the correct location for the surgery on the patient, verifying that all of the necessary equipment is available and double-checking the operating schedule take a minimal amount of time and drastically reduce the chances of error.
A recent study in Amsterdam compared the identified surgical errors from 294 malpractice claims in the years 2004 and 2005 with the SURPASS surgical checklist. SURPASS is the abbreviation for Surgical Patient Safety System, a 12-page checklist for each step of the surgical process. The study found that of the 10 deaths that occurred, at least one of the factors contributing to the deaths of four of the patients could be found on the checklist.
Using Checklists Reduces Perils and Costs of Care
The cost of medical errors does not only fall on patient's shoulders. Healthcare providers have to pay for the treatments and surgeries necessary to correct these errors. Several studies have found that healthcare providers can avoid these expenses when they use a checklist.
Despite the proven benefits of using checklists to prevent errors, hospitals in the United States are still slow to implement them. At this time only about one in four hospitals use them.
The costs of not implementing checklists are significant to everyone. Anyone who has suffered a complication or death of a family member as a result of a medical error should consult a local personal injury attorney who can review their options with them.
Source: http://www.reuters.com/article/2011/01/14/us-surgery-malpractice-idUSTRE70D0TU20110114
]]>According to NPR.com, an all-metal hip artificial hip recalled last year by DePuy Orthopaedics, a division of Johnson & Johnson, drew attention to the problem, which has necessitated additional surgery in some patients to replace the defective device.
]]> Why Use Metal?Ceramics, plastics and metals are used to construct a variety of hip implants used to replace deteriorated hip joints. All-metal hip implants are often used in younger arthritis patients for a variety of reasons. A larger ball and socket in the all-metal hip reduces the risk of joint dislocation, minimizes bone weakness and generates less wear debris, according to the American Academy of Orthopedic Surgeons (AAOS).
However, normal wear and tear following surgery may cause the two parts to rub together and release tiny metal particles into the bloodstream and surrounding tissue. Tissue damage has occurred in rare cases, causing necrosis, infection and allergic reactions. According to the FDA, metal released into the blood has also caused heart and neurological problems.
To determine how much metal is being released, Dr. William Maisel, chief scientist at the FDA Center for Devices and Radiological Health, is looking for the help of companies to provide blood samples from patients who have all-metal hip implants. Careful ongoing study will enable the FDA to determine how long the hips are expected to last and what problems patients could face.
Hip Replacement Enhances Quality of Life
Despite these problems, Dr. Joshua Jacobs, an official with the AAOS, emphasized in a May 11 article on NPR.com that artificial hips are the single biggest advance in the treatment of arthritis and that most patients are problem-free and living well with their artificial hips.
Jacobs suggests that hip-replacement patients should have periodic check-ups and watch for changes like pain, numbness or swelling.
Source: http://www.npr.org/2011/05/23/136502448/metal-artificial-hips-may-need-a-hip-check
]]>Policymakers must address these issues and help create required solutions for all involved. It is agreed that more paperwork and time-consuming paper work must not bog down the workplace of a physician. And yet a system needs to be in place that would allow for easy-shared access to electronic medical records. A doctor should be able to view a patient's up to date medical chart instantly. They need to be able to obtain notes given by each doctor that has been part of the patient's health history. This will result in the best care possible.
Another area that could help improve communication may be found in liability reform. Emergency doctors need to feel safe and comfortable to rely on a primary doctor's input. Costs will be cut down and doctors can work together for the best interest of the patient from a personal care standpoint. These are just a few of the changes that must happen. Until there is a mandatory practiced system in place, the responsibility relies upon the doctors. Physicians must make a huge concerted effort to clearly communicate with other professional health care experts about their shared patients. Patients deserve this.
Source: http://www.kevinmd.com/blog/2011/01/primary-care-doctors-specialists-communicate.html
]]>If you or a loved one has been injured because of an act of negligence, you have questions that you want answered. Not only do you have questions about how the accident happened, but you may also have questions about the law as well. Our attorneys are here to answer all of your questions and guide you through your case.
When it comes to information about the law, it is important to understand that change is a factor. Changes to laws and new judicial decisions happen frequently, changing how these cases must be handled. This blog is one of the methods we use to convey information about changes in the law and interesting information that people like you may benefit from when going through a personal injury case.
We encourage you to check back for frequent updates. Feel free to leave comments and engage in a discussion with our team. If you have not done so already, contact our lawyers to discuss your own case. We serve people in Rochester and the surrounding areas of New York.
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