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New Bill May Limit Settlements For Medical Malpractice In DC
When you have been seriously injured as a result of medical negligence in Virginia, you're probably not thinking about the amount of money you could receive in compensation. You're most likely trying to recuperate from your injury, wondering how the mistake could have been made-and how to ensure this kind of error never happens again.
Unfortunately, some victims of malpractice will exploit their situation for financial gain. This is bad news for all patients: a handful of frivolous lawsuits have spurred legislators to stop victims "benefiting" from their pain.
Nearly a year ago, Representative Phil Gingrey introduced a tort reform bill that would significantly limit settlements in medical malpractice cases. H.R.5, or the "Help Efficient, Accessible, Low-cost, Timely Healthcare" (HEALTH) bill, was supposedly created to improve patient access to health care by reducing the costs of potential malpractice suits.
Under the new legislation, victims of medical malpractice can expect:
How to Choose an Attorney After a Personal Injury
After suffering an injury and deciding you want an attorney to handle your personal injury claim, it is important that you don't just turn to any lawyer for legal assistance. Your case outcome may be determined by the attorney you have in your corner representing you, which is why it is in your best interest to spend some time looking for just the right lawyer.
Here are some tips for choosing an attorney following a personal injury accident:
- Confirm the lawyer has experience in the area of law you need legal representation in. Not all attorneys practice the same area of law. In fact, some lawyers are just getting started or will specialize in a different area of law than what you need. For example, if you were injured in a car accident or some other type of motor vehicle accident, it will be in your best interest to find an accident attorney who handles personal injury cases.
- Find out if the attorney has trial experience. Not all lawyers are willing to take cases to court and don't have experience representing clients in front of a judge and jury. For this reason, it is critical to your case outcome that you find a law firm that has been successful trying similar cases in court. While most cases are settled outside of the courtroom through negotiations, sometimes going to trial is necessary to get fair compensation. If you don't have an attorney who will take your case to court or doesn't have experience trying a case, you might not get the maximum compensation you deserve. This is because insurance companies know which attorneys do and don't take cases to trial, and they won't present their best offers to lawyers who have never stepped foot inside a courtroom, knowing they don't have to worry about those lawyers threatening trial.
Maternal Infections Left Untreated May Lead To Infant Brain Damage
Pregnant women trust their obstetricians with the health of their infants. Although most physicians competently care for expectant mothers and their fetuses during pregnancy, some medical professionals make mistakes and overlook issues that result in harm for infants. While some acts of medical negligence can result in minor problems for newborn babies, other acts of medical malpractice, such as failure to diagnose maternal infections, may lead to serious injuries such as brain damage.
How Does Medical Malpractice Occur?
There are many infections-both viral and bacterial-that can negatively affect mothers and their babies during pregnancy. For example, expectant mothers can have herpes, rubella, syphilis, urinary tract infections, or bacterial vaginosis. It is a doctor's job to diagnose and treat these infections by providing proper care for pregnant patients, so their fetuses aren't infected.
Unfortunately, many obstetricians fail to monitor and detect maternal infections because they:
Recovering After A Brain Injury Caused By Medical Malpractice
Making a recovery after brain damage can be uncertain. In some cases, full recovery is achieved; however, some people may never be able to make a full physical recovery. As with any injury, the first step to making a recovery is an accurate diagnosis.
Level of Brain Damage Can Be Difficult To Determine At First
When a brain injury occurs as a result of medical malpractice or a traumatic event, it is important to find out what part of the brain is involved and the extent of the brain damage. It may be hard to trust another doctor, but it is critical to see a doctor who specializes in brain problems and to get tests, such as an MRI scan, head CT or CAT scan, or EEG test.
Once your brain injury is accurately diagnosed and the extent of the brain damage is learned, your doctor will discuss possible treatment options. Unfortunately, not all brain injuries respond to treatment, but some brain injury treatments can include:
- Cooling the brain. The brain reaches high temperatures during oxygen deprivation, and cooling it helps limit further brain damage.
3 Real-Life Cases Of Sexual Medical Malpractice
Fear of surgery is a common human reaction. When we are unconscious, anything can happen-our lives are literally in someone else's hands.
But surgical errors sometimes affect an unborn child or the ability to reproduce-a fate that some victims have called even worse than death.
Virginia sexual surgical mistakes are not only terrifying, but can also have long-lasting physical effects, cause severe emotional trauma, or even leave the victim permanently disabled.
Three real-life stories of sexual surgical malpractice:
- Delivery mistake. In a 2003 case, Sarah Wallace was a pregnant woman in the early stages of labor at Mid-Jefferson Hospital in Texas. The on-call doctor performed an episiotomy: a small incision to lengthen the vaginal opening. While episiotomies are fairly standard practice, the on-call doctor failed to follow protocol by checking for a recto-vaginal fistula. Wallace did indeed have one of these tears in the tissue between her anus and vagina, and spent the next few days passing stool through her birth canal. Wallace sued the on-call doctor for failing to meet the appropriate standard of care.
Dosage Errors Can Have Fatal Consequences For Virginia Patients
While medications have had enormous benefits for patients nationwide, we often forget that these drugs can be lethal if not administered carefully. A lifesaving drug can become a poison with just a simple pull of a syringe-and this type of error happens far too often.
Order our FREE book for more information on VA dosage mistakes: Do I Have A Case? A Patient's Guide to Virginia Medical Negligence Law.
Dosage errors account for 30% of all hospital medication mistakes. While many of these are caught and successfully treated, some patients have suffered strokes, liver toxicity, and even death.
Here are a few common ways that simple mistakes can lead to serious dosage errors:
- Number errors. Countless victims have suffered medication mistakes that are a result of a single decimal point. Transposing numbers and misreading abbreviations often cause patients to receive doses 10 times greater than the intended amount.
- Drug company changes. In an emergency, a doctor may grab a medication based on what its container looks like. But pharmaceutical companies may change the concentration of the drug without changing the packaging, and the doctor has no reason to double-check a drug he has used countless times before.
5 Horrifying Real-Life Cases Of Medical Malpractice
You might have heard outrageous tales of Virginia hospital mistakes: someone has the wrong leg amputated, or wakes up during surgery. You may have just dismissed them as urban legends.
Unfortunately, these unthinkable errors happen all the time-and have devastating consequences.
True Medical Malpractice Stories
Here are five incredible stories of medical malpractice from the victims who survived the ordeal:
- Pregnancy errors. Matthew Hayes and Nico Swift were a young couple having problems conceiving a child. They decided to undergo artificial insemination, an expensive and invasive process. But they received a shock when the Oregon hospital in charge of implantation accidentally inseminated a different woman.
- Overdose. Dallas resident Sue Gonzales was receiving treatment for diarrhea at her local hospital, but due to an oversight, her IV of antibiotics was left in too long. As a result, the nerve cells in her ears were permanently damaged, leaving her unable to hear a thing.
Who Can File a Wrongful Death Lawsuit in Virginia?
The death of a loved one is never easy and this is especially true when the death is caused by a neglectful or a wrongful act by another person. Most people would like closure and to say their final goodbyes before a loved one or family member is taken from them. Sadly, many families are deprived of getting to do this when a wrongful act occurs that claims the life of their loved one.
So What Can Families Do?
While no one really wants to discuss money at a time like this, thinking about a family's financial future can help bring justice. Plus, it is critical in order to pay the bills and to maintain the lifestyle a family has grown accustomed to. This is why it is wise that families learn all they can about bringing a wrongful death lawsuit against the responsible party.
Who Can File a Lawsuit?
According to the Virginia wrongful death code 8.01-53, a statutory beneficiary can file a wrongful death suit on behalf of the deceased person. A statutory beneficiary is a family member or dependent, such as:
When A Lack Of Oxygen Leads To Infant Brain Damage
The birth of a child is something parents look forward to, and it's an exciting time in life. And although parents hope their child will be born without complications, it's very possible for infants to suffer birth injuries, including brain damage. There are many causes of infant brain damage, and one of the most common is from oxygen deprivation.
Causes of Birth Asphyxia
Oxygen deprivation, also known as birth asphyxia, typically occurs as a result of:
- umbilical cord problems
- the placenta separating from the uterus too early
- the baby caught in the birth canal for too long
- constricted airways
- anemia at birth
- problems with the mother's blood pressure
Whenever a baby is deprived of oxygen for even a few minutes, brain damage can occur.
With birth asphyxia, there are two stages of injury. First, cell damage occurs within minutes if the child is without oxygen. In the second stage, injury occurs after normal blood flow and oxygen are restored to the brain but toxins are released from the damaged cells. As a result of insufficient oxygen, conditions such as anoxia and hypoxia can occur. Anoxia is caused from the absence of oxygen, and hypoxia occurs due to low oxygen levels. Both anoxia and hypoxia can cause brain damage.
Study Finds Many Hospital-Acquired Infections Are Due To Ignorance And Neglect
Patients enter hospitals for medical treatment that will hopefully improve their health, or at the very least prevent their health from getting worse. But every year tens of thousands of patients are hurt by preventable infections that they acquire while getting treatment in Virginia hospitals. Many of these patients seek the expertise of Washington D.C. and Virginia medical malpractice lawyers to help them recover the damages to which they are legally entitled.
Hospital Infections Cause Many Deaths and Injuries Every Year
The CDC estimates that between 5 and 10 percent of patients in acute care hospitals acquire at least one infection during their stay.* Approximately 100,000 people die from these infections each year, and many more require extensive treatment. Many hospital-acquired infections are particularly resistant to antibiotics, making them difficult to treat effectively.
Hospital Infections are Usually Caused by Neglect
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10513 Judicial Drive, Suite 200, Fairfax, VA 22030
703-591-0067
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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