Utah Medical Malpractice: The Thin Line Between Negligence and Crime

Here is an interesting article that discusses the thin line between negligence and crime when it comes to substandard healthcare.  The article focues on Dr. Conrad Murray, the physician accused of manslaughter in the death of entertainer Michael Jackson.  It got me to thinking about a local case that raises a similar issue.  Attorneys for a Utah physician convicted of distributing opiate narcotics to his patients for no legitimate medical purpose have asked the court to dismiss the case based on accusations of prosecutorial misconduct.  You can read the article here.


This case illustrates just how thin the line can be between negligence and criminal conduct.  Not all cases of medical malpractice are crimes, even when they involve narcotics.  As a Utah medical negligence attorney, I have represented many clients in civil cases involving the negligent prescription of narcotic painkillers.  Some of these cases involve separate criminal actions as well which are pursued by local and federal law enforcement agencies.

In these cases, there are a number of hidden pitfalls for unwary patients and inexperienced attorneys.  The negligent physician’s insurance company may try to escape responsibility by denying coverage and forcing injured victims to seek restitution in the parallel criminal proceeding.  At minimum, the negligent doctors’ attorneys will try to delay the civil case for years, pending the outcome of the criminal matter. 

This delay can cause catastrophic results for families who have lost loved ones, face enormous medical bills, and have smaller household incomes.  Prescription drug use causes hundreds of deaths per year, and leave unanswered questions for the families.  If you’re considering a medical malpractice lawsuit, or just want answers, give me a call for a free, no obligation consultation: (801) 424-9088.

The Right Lawyer for the Job

One of my first jobs was working construction with my dad during the summers when I was in high school.  Although he had a general contractor’s license, he really considered himself a finish carpenter–he was always good with details.  He taught me that even though he could probably figure out how to do the various jobs associated with building a home like the concrete work and the drywall, the overall project would be more successful if he let the specialists do their job while he did his.  “If it were my house,” he said, “I wouldn’t want the electrician putting in my plumbing.”

That was the first thing I thought of when I read the recent reports claiming that "Only 1 in 5 medical malpractice cases pay."  The news reports refer to the conclusions from a study published in the New England Journal of Medicine analyzing malpractice risks by area of specialty.  Significantly, the authors found that contrary to popular belief, there are actually very few so-called “frivolous lawsuits” filed against doctors.  One of the study’s lead authors, Professor Amitabh Chandra, even said what I’ve known for years: given the time and expense of prosecuting a malpractice case, “a lawyer would have to be an idiot to take a frivolous case to court.”

So if frivolous lawsuits aren’t really being filed in the first place, then why are so few cases successful?  I can’t help but think that many of those cases were not being filed by the right lawyer for the job.  Just as my dad wouldn’t build a house with an electrician installing the plumbing, people injured by medical negligence should be wary of hiring just any lawyer to handle a medical malpractice case.

I don’t do divorces.  I don’t do bankruptcies.  I don’t practice criminal law.  My practice focuses exclusively on serious personal injury cases, with an emphasis on medical malpractice.  These cases are among the most complicated forms of civil litigation.  The laws are complex, and so is the medicine involved.  You can’t afford to hire a lawyer that isn’t experienced in medical malpractice law with a demonstrated track record of success against the insurance companies and attorneys that defend negligent doctors and hospitals.  If you or a loved one have been injured by medical negligence, make sure you get the right lawyer for the job.  Call Utah medical malpractice lawyer Ryan Springer at 801-424-9088 for a free, no obligation consultation today.  Don’t let your case be one of the many that are won by careless physicians and their insurance companies.

Medical Negligence and Keeping Secrets

Health Leaders Media recently reported that a startlingly high percentage of health care providers fail to disclose their errors due to fears of reprisal or retaliation.

As a medical malpractice lawyer, I’ve never understood why hospitals and health care corporations don’t just admit their mistakes and make the people whole.  They would put my colleagues and me out of business in an instant while drastically reducing malpractice costs, insurance premiums, and other expenses.

It’s almost like it is a big game to these corporations.  They would rather waste hundreds of thousands of dollars covering up mistakes and paying high priced defense lawyers hundreds of dollars an hour for years of litigation than simply admitting a mistake and paying malpractice victims a fair amount for their medical bills, pain, and suffering.

I just don’t get it…

Medical Malpractice and the Differential Diagnosis

One of the most common types of malpractice we see is physicians who miss a critical diagnosis.  Sometimes, this leads to delays in treatment which causes unnecessary pain and suffering and diminishes the chances for full recovery.  Other times, a missed or delayed diagnosis can result in permanent disability or even wrongful death.

In medical school and their residencies, doctors are trained in the "differential diagnosis."  This is a routine diagnostic method whereby a physician formulates a hypothesis as to likely causes of the patient's symptoms.  The doctor then uses his or her medical judgment to eliminate unlikely causes by a deductive process of elimination.

The essential component of the differential diagnosis is the use of reasonable medical judgment.  If a doctor eliminates a possibility simply because a condition is rare, that is not enough.  The judgment must be reasonable, and it must be based on the information available.  This doesn't mean that doctors have to order every possible test to eliminate every possible disease--that's not reasonable (and don't worry--"defensive medicine" is myth).  But where a simple blood test or an inexpensive x-ray can eliminate a potentially fatal condition, it is reasonable to use those tests to reach a diagnosis.  Doctors and physicians are highly trained, and their patients trust them with their lives.

When doctors fail to exercise reasonable judgment and miss a diagnosis, that is medical negligence.  The law protects your rights to recover if you are a victim of malpractice, but you need experienced lawyers who understand the medicine and know the law.  Contact the Utah medical malpractice attorneys at G. Eric Nielson & Associates for a free, no obligation consultation today.

Utah Malpractice Lawyers and Their Clients

Utah Medical Malpractice Lawyers Assist Shoulder Dystocia and Erb's Palsy Patients

Shoulder dystocia is a relatively common complication experienced during childbirth. It occurs when the infant's shoulder's become impacted behind the mother's pelvic wall. Shoulder dystocia is usually encountered with large babies weighing in excess of 4,500 grams (fetal macrosomia), but that is not always the case. Other predictors of possible shoulder dystocia are significant maternal weight gain and gestational diabetes.

Most obstetricians can predict whether a delivery presents a risk of shoulder dystocia, and can take a number of precautions--including cesarean delivery--to avoid it.

In some cases, however, shoulder dystocia cannot be predicted. Doctors and nurses that encounter this condition can employ a variety of techniques to help avoid serious injuries, such as the McRoberts maneuver, application of suprapubic pressure, or something known as the "corkscrew" maneuver.

Unfortunately, in some cases, physicians or medical staff have not been properly trained in these procedures. Other times, doctors might rush to use an instrument such as a vacuum extractor or forceps to help extract the infant.  Such inappropriate actions often result in injury to the brachial plexus nerves in the infant's neck. These injuries can range from strain, which may heal over time, to complete avulsion. Depending on the severity of the injury to the brachial plexus nerves, a child may develop a condition known as Erb's Palsy.

Erb's Palsy can result in a crippling disability to a child's upper extremity. While some surgical procedures can increased the range of motion, many children never regain full use of their arms. Though children suffering from Erb's Palsy can be happy and confident, simple tasks such as eating with utensils and putting on socks serve as frustrating reminders that they are different from their playmates.

Utah Medical Malpractice Attorneys Can Help Recover for Birth Injuries and Cerebral Palsy

The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.

It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.

In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.

These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.

As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.

If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.

Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.

Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.

Aortic Dissection - Delay in Diagnosis Can Be Fatal.

The aorta is the largest artery in the body.  It starts from the left ventricle of the heart, and extends down to the abdomen, where it branches off into smaller arteries.  The aorta itself has two walls: an outer wall and an inner wall. An aortic dissection occurs when a tear in the inner wall of the aorta causes blood to flow between the layers of the wall of the vessel, forcing the layers apart.

 

The aorta has an outer and inner wall, which is kind of like the inner tube of a tire.  If the inner wall develops a tear, blood then passes between the inner and outer walls of the aorta.  Since the heart is a pump, the pressure of the blood drives against the two walls like a wedge and continues to slowly tear away between the inner and outer walls.  The blood is in a false passage and has nowhere to go, so it accumulates until the pressure forces further dissection.  If the dissection tears the aorta completely open, massive and rapid blood loss occurs, often leading to death.

The symptoms of aortic dissection include sharp, "tearing" pain that starts suddenly, sometimes extending through the chest and into the back and neck or jaw.  There can also be other physical and neurological symptoms, such as fainting, lightheadedness, blurry vision, and numbness or tingling in the arms or legs. Sometimes it will cause nausea and vomiting.

Any time you have severe chest pain, you should consult immediately with a physician.  Emergency room doctors are trained to diagnose medical problems, including aortic dissection.  They should run a series of simple tests, including measuring your heart rate against the pulse felt in your extremities to check for adequate perfusion.  A chest X-Ray can be taken to look for abnormalities.  Because aortic dissections can be fatal if not treated on time, they are considered true medical emergencies.  Responsible medical professionals will run additional tests and consult with appropriate specialists to make the diagnosis.

In some cases, however, physicians don't follow the steps to make the diagnosis, and send patients home to face catastrophic consequences.  Delays in treatment of even a few hours can drastically decrease a patient's chances for survival.  It is therefore necessary that doctors be aware of, and properly diagnose, aortic dissection.


If a patient presents with symptoms of aortic dissection and a health care professional fails to make the correct diagnosis, it may be considered medical malpractice.  You should consult with a Utah medical malpractice attorney to discuss your legal rights to hold negligent health care providers accountable for their medical errors.  Contact the Utah Medical Malpractice Attorneys at G. Eric Nielson & Associates for a free consultation today.

801-424-9088