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Are Surgical Injuries Considered Medical Malpractice?
It's hard to believe, but many surgical errors are the result of doctor negligence; however, not all mishaps that occur during surgery are considered medical malpractice. So how do you know if the error that occurred during your surgery would be grounds for a medical malpractice lawsuit?
Any time there is an unexpected outcome from surgery, it is always worthwhile to investigate whether you were injured due to negligence. Here are some examples of negligence that could indicate medical malpractice:
- Surgery on the wrong side of the body
- Leaving a surgical instrument in the body after surgery (e.g., sponges, retractors, forceps, or surgical towels)
- Injuries to organs or vessels close to the surgical site
- Failure to recognize post-operative bleeding
Most injuries that occur during surgery involve some type of negligence that could amount to malpractice. Even anesthesiologists can make mistakes during surgery that can lead to patient harm. If an anesthesiologist is guilty of administering too much anesthesia or not monitoring a patient's vitals during surgery, the anesthesiologist would be guilty of medical negligence.
Pharmacies Are Missing Dangerous Drug Combinations
When prescribed, medications taken alone are relatively safe and effective for treating specific health conditions; however, when taken in combination with another drugs, medications can have very serious side effects. Many people are required to take multiple prescription drugs to treat different injuries and ailments, and while most doctors and pharmacists review the different medications with their patients to ensure the various drugs are safe to take together, some doctors and pharmacists may miss a dangerous drug combination.
According to a recent investigation conducted by the Chicago Tribune, one in ten people takes five or more medications. Those different drugs have to work well together or else it can lead to serious health issues and hospitalization. Some of the many adverse outcomes of dangerous drug interactions include:
- Breakdown in muscle tissue
- Kidney failure
- Unexpected pregnancy with birth defects
- Oxygen deprivation
- Stroke
Surgical Treatment For Brain Injuries
Because suffering a traumatic brain injury (TBI) is one of the leading causes of death and disabilities in this nation, life-saving emergency procedures are often necessary when someone suffers a TBI in a car accident, motorcycle crash, fall, or sports-related injury. After being taken to the emergency room, doctors will assess a patient to quickly learn the seriousness and extent of the brain injury.
Following diagnostic tests and evaluations, a patient will be identified as having suffered a mild, moderate, or severe brain injury. Although surgery isn't typically required for mild brain injury patients, many people who suffer moderate to severe TBIs will need some type of surgery due to the swelling in their brains that can quickly become an emergency situation.
For those who have sustained excessive pressure in the brain or hematomas and large blood clots, surgery may happen immediately. In some cases, patients are monitored and surgery doesn't occur for hours or days after head trauma.
What Compensation Is Possible After Medical Negligence Causes A Disabling Injury?
When things go wrong at the hands of a doctor, nurse, anesthesiologist, or any other medical professional, a person will typically endure more than just physical injuries. Although the biggest concern for a victim of medical negligence is one's new physical impairment, the financial impact of a disabling injury should also be of concern.
Because the cost associated with making a physical recovery or getting treatment for a disabling injury can be very expensive-which can create a financial burden on the victim and his or her family-it is critical that the financial compensation obtained be significant. Without adequate finances, a person cannot get the right treatment or live the life that he or she was accustomed to prior to the injury. This is the main reason a victim of medical negligence should bring a medical malpractice lawsuit against the wrongdoer or hospital involved.
Types of Financial Compensation Available
Compensation is often referred to as "damages," and there are two types of damages that can be collected in a medical malpractice claim, including:
What’s Involved In Diagnosing Suspected Brain Injuries?
When traumatic brain injuries occur, one may have spinal fluid leaking from the ears or nose or some other tell-tale signs that a serious brain injury took place. However, even with obvious signs and symptoms of a brain injury, any possible head trauma should be accurately diagnosed.
Doctors generally use imaging technology to help them determine the location of the brain injury and the severity of the injury. Two of the main imaging tests that doctors use to diagnose brain injuries include:
- CT scan. A computed tomography (CT) scan uses x-ray technology and is usually the first test taken when a brain injury is suspected. The reason for this is that a CT scan is known to be a great tool in diagnosing injuries to the head and it is typically one of the fastest tests that can provide insight within minutes.
- MRI test. A magnetic resonance imaging (MRI) test uses powerful magnets and radio waves to scan the brain. While this type of test takes longer than a CT scan and costs more money, an MRI is generally more sensitive than a CT scan.
What Medical Care And Medication Treatment Is Involved Following A Brain Injury?
Brain injuries are unique. In fact, according to the Brain Injury Association of America, no two brain injuries are alike. As a result, medical care following a brain injury may be different in every case. Although the treatment may vary depending on the severity of the brain injury, some typical medical care and medications will be needed in the immediate aftermath of a brain injury.
For example, with a mild traumatic brain injury, medical care may include rest, over-the-counter pain relievers, and follow-up doctor's appointments, whereas treatment for moderate to severe traumatic brain injuries may include a trip to the emergency room or intensive care unit followed by life-saving procedures. Unfortunately, many brain injury survivors may be unconscious or unstable when they arrive at the hospital and will need the following medical treatment:
- Maintaining oxygen, blood supply, and blood pressure. Sometimes people with brain injuries aren't able to breathe on their own. As a result, ventilators or respirators are used to help patients with brain injuries breathe. Oxygen levels in the brain also need to be monitored and is generally done through the use of a Licox (a brain oxygen monitor). Also, tubes put in patients' veins, known as arterial lines, can help measure blood pressure.
Four Reasons Parking Lot Pedestrian Accidents Occur
Let's face it: parking lots are often chaotic with cars pulling in and out of parking spaces and people walking to and from their cars. People are frequently in a rush or are focused on their errands and they fail to follow the rules or have respect for others in the parking lot. Unfortunately, pedestrians sometimes suffer serious injuries as a result of the negligence that takes place in parking lots.
Some Causes of Parking Lot Pedestrian Accidents
The following are common causes of parking lot crashes:
Hematomas Can Cause Brain Damage
Being in an automobile accident, motorcycle accident, bicycle accident, pedestrian accident, or slip and fall accident can cause injuries, such as head trauma. In the event of an injury to the head-even if there is no visible sign of damage-it is possible for a hematoma to result.
Typically, hematomas occur when a blow to the head happens and causes the brain's outer blood vessels or veins to tear and bleed. A hematoma is a collection of blood that has collected within tissues that surround the injury site and results in blood clotting.
Types of Brain Hematomas
- Subdural hematoma. This type of injury occurs between the inside lining of the brain and brain tissue-not in the brain itself. As a result, blood collects between the layers of tissue surrounding the outermost layer of the brain, called the dura, and the next layer, the arachnoid. When blood collects, it can put pressure on the brain and can cause life-threatening effects-even death.
Types Of Traumatic Brain Injuries: Contusions And Coup-Contrecoup Head Injuries
When someone is involved in any type of motor vehicle accident, slip and fall accident, or accident caused by dangerous and defective products, there is always a chance of suffering a brain injury. For example, someone's head may hit the floor in a slip and fall accident or strike the steering wheel or windshield in a car accident. While some hits to the head don't end up causing serious damage, some incidents result in traumatic brain injuries (TBI) that can be severe. Unfortunately, a TBI can even be deadly.
In this article, we will be discussing contusions and coup-contrecoup brain injuries-types of traumatic brain injuries-that result in bruising and bleeding on the brain. Both of these types of brain injuries are caused because the brain collides inside the hard skull due to a direct impact of the head or when a moving head comes to a sudden stop.
What Is a Contusion?
When a person suffers a blow to the head, it may result in a contusion. Contusions are actually bruises on the brain that cause bleeding of the brain. When a contusion is very severe, swelling in the brain will happen. Unfortunately, serious contusions can lead to brain damage that can result in any of the following adverse effects:
Infections After Surgery May Be Results Of Medical Negligence
Whether someone undergoes an outpatient procedure or a major surgery, there are always risks when going under the knife. One of the most serious risks is contracting an infection.
A doctor has a duty to conduct a safe procedure and perform thorough follow-up care, and a hospital has a duty to keep its facility clean and have post-operative procedures in place to keep their patients healthy and as safe as possible. Preventing infections is a key part of those duties.
Too often, patients come out of surgeries not only in pain but also with post-surgical infections. While doctors and hospitals may say infections following surgeries are routine, we know that some post-surgical infections are the result of contaminated treating environments or negligent medical care.
Types of Post-Operative Infections
Hospital acquired infections mainly occur from bacteria. Two of the most common types of infections following surgery are:
- Staph infection. Although the staph bacteria may be found in most hospitals, staph infections should be preventable with good medical care. Unfortunately, a staph infection can occur if a nurse fails to clean a patient's incision, doesn't change the wound dressing, or fails to change the sheets. Also, if the hospital room isn't regularly cleaned or disinfected, a patient who contracts a staph infection may have a legal claim for negligent post-operative treatment. In a case of this nature, a patient is claiming he wouldn't have suffered the infection if he had received the appropriate level of care following his surgery. Although staph infections are common hospital infections, there are cases in which medical negligence is to blame.
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From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
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