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

Killer Pain Killers: The Dangers of Opiate Analgesics

Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.

Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient's pain management regimen.

Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Over-prescribing these drugs, or improperly supervising a patient's pain management regimen, can cause serious personal injuries and give rise to medical malpractice claims.

Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a "slow" drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.

The Utah Medical Malpractice lawyers at G. Eric Nielson & Associates are experienced in handling medical malpractice cases involving narcotics and pharmaceuticals. We work closely with a team of pharmacologists, toxicologists, and medical doctors to determine whether patients have been injured by dangerous drugs, medical negligence, or pharmacist error. If you or someone you know has been injured because of addiction, overdose, or death, contact the attorneys at G. Eric Nielson & Associates for a free, no obligation consultation today.

New Patient Safety Standards on Suicide Prevention

Depression is a serious illness that can cause suicidal thoughts and, in severe cases, result in suicide attempts.  Often, health care providers are in a position to prevent depressed patients from carrying out suicide attempts until treatment for depression or other underlying issues can take effect.

If patients are admitted to a health care facility because of a suicide attempt or other imminent danger, they are usually admitted to a special care unit that should take precautions against suicide.

But there are other patient safety risks for patients who may not have attempted suicide.  The hospital setting itself can be a place where the patient has access to tools or other implements to carry out a suicidal act.  As The Joint Commission notes in a recent report:

It is noteworthy that many patients who kill themselves in general hospital inpatient units do not have a psychiatric history or a history of suicide attempt – they are “unknown at risk” for suicide. Compared to the psychiatric hospital and unit, the general hospital setting also presents more access to items that can be used to attempt suicide – items that are either already in or may be brought into the facility – and more opportunities for the patient to be alone to attempt or re-attempt suicide. This Alert presents strategies that can be used and suggested actions that can be taken by general hospitals to help better prepare their staffs and their facilities for suicidal patients and to care for both their physical and mental needs.

 It is important that hospitals take precautions to prevent against suicide, both in specialized psychiatric treatment settings, as well as in general inpatient and emergency units.  Depending on the circumstance, these precautions include removing any instruments that could be used to inflict self-harm, maintaining continuous line-of-sight monitoring, and ensuring proper medication regimens.


For patients that are at "unknown risk" for suicide, health care providers need to properly screen the patient as a risk reduction strategy.  This includes checking for symptoms of acute depression or other behaviors that suggest risk for suicide.

If you, or someone you know, is depressed and contemplating suicide, please get help immediately.  Call 1-800-SUICIDE, or if the threat is imminent, dial 911.

If a family member has committed suicide while under the care and treatment of a health care provider, it may have been because risks were not properly assessed and the patient safety rules were not followed.  Depression is an illness just like any other disease and when it is not properly treated, it is medical malpractice.  The Utah medical malpractice lawyers at G. Eric Nielson & Associates  can discuss the circumstances of the case with you and advise you of your legal options.  Call today for a free, no obligation consultation with a licensed medical malpractice lawyer: 801-424-9088.

Adding Insult to Injury: More on the Medical Malpractice Myth

"Justice," as Thomas Jefferson said, "is the fundamental law of society."  Every election cycle, politicians and insurance lobbyists pepper the newspapers with calls for lawsuit "reform."  Invariably, these so-called reforms have one objective: to deprive individuals of the right to obtain justice.

The American legal tradition holds that justice involves a system of consequences that naturally derive from any action or choice.  When someone acts unreasonably, or negligently fails to act appropriately under the circumstances, the civil justice system ensures that there will be appropriate consequences.  These consequences accomplish the goal of compensating injured parties, as well as deterring wrongful conduct.  When these consequences are avoided, innocent parties are forced to bear the burden of the wrongdoer, and there is no incentive to refrain from future wrongful conduct.

In simpler terms, justice requires that we all follow the rules.  When we break the rules, we are accountable to those who have been harmed.

Election season is upon us, and so it is no surprise that the corporate interests behind the health care industry is calling for "more tort reform."  The reasoning behind this effort is that medical malpractice claims are expected to rise; thus, the industry will suffer an economic consequence.

But this begs an important question: Why minimize the consequences for negligent health care providers instead of minimizing the negligence itself?

Indeed, the real "crisis" isn't medical malpractice lawsuits, it is the increasing incidence of medical malpractice.  According to a recent report, "[s]erious medical mistakes...continue to occur despite recently implemented preventive measures."  And in another article, Dr. Martin Makaray, M.D. admits that "[c]atastrophic surgical errors are 'a lot more common than the public thinks.'"

Startingly, despite the increase of actual malpractice, patients only bring claims 22 percent of the time.  That means that nearly 80 percent of the time, health care providers who have negligently harmed their patients are not held accountable. In other words, eight out of ten times, a bad doctor breaks the rules and gets away with it.

The insurance industry and health care corporations aren't doing enough to minimize negligence, and that is why they are fighting for politicians to eliminate the consequences.  The Utah medical malpractice attorneys at G. Eric Nielson & Associates will fight to protect your rights, and fight to obtain justice for you.  We understand the medicine, and we know the law, and we will work diligently to hold negligent health care providers accountable when the break the rules.

And next time you hear about proposals to "reform" the civil justice system to benefit negligent health care professionals, consider another quote from Thomas Jefferson: "Law is often but the tyrant's will, and always so when it violates the rights of an individual."

Undiagnosed Postoperative Infections - A Fatal Mistake

Infections are a relatively common complication associated with almost any surgical procedure.  Sometimes infections can occur even despite the best efforts of doctors and hospital staff.  If a postoperative infection does occur, however, it is necessary for health care providers to recognize the signs of infection, and to act promptly to prevent disaster.

One of the earliest signs of infection is accelerated breathing, which is a result of the body's efforts to fight the infection.  The patient's temperature will increase as the infection worsens.  If the infection moves into the abdomen, the bowel can become toxic and distended.  If not diagnosed, the infection can cause paralytic ileus of the intestinal musculature, which disrupts the normal activity of the gastrointestinal track.  This inhibits transport of the contents of the intestine, resulting in worsening distension of the abdomen.  This condition is obvious and painful, and can be fatal if not promptly treated.

In a recent case we resolved for a Utah family, however, hospital nurses were inattentive and ignored the patient's complaints and overlooked these symptoms.  Had they been properly monitoring this patient, they would have noticed the clear signs of postoperative infection and notified a doctor.  Finally, after a shift change brought new nurses, they called the wrong doctor and simply left a message, all while the patient's condition was rapidly deteriorating.

When a physician finally arrived, there were no intestinal sounds cannot be detected by auscultation (deathly silence) and the patient had begun to vomit bile and gastric contents.  Despite surgical intervention, the infection had been allowed to persist too long, and it killed a husband and father.

Obviously, there was no way to replace this man, who was beloved by his family and friends.  But through vigorous legal representation and affiliating with some of the country's best medical experts, we were able to prove the negligence of the health care providers and recover money to help the family pay medical bills and funeral expenses, and to compensate them for the lost income of the head of their household. 

Infections are an undesirable outcome of many surgical procedures.  Even if the infection is not the result of negligent treatment, the failure to promptly diagnose a postoperative infection is a form of medical malpractice.  Unnecessary delays in diagnosis result in prolonged hospital stays, missed work, and extraordinary medical bills.  Worse, if an infection is untreated for too long, it can result in the wrongful death of the patient.

As Utah Medical Malpractice attorneys, we have helped many families of people injured by failure to diagnose postoperative infections.  If you have questions about postoperative infections, we have answers.  You can call and speak with attorney for a free, no obligation consultation today.

801-424-9088

Breast Cancer Awareness

For the past twenty five years, October has been recognized as Breast Cancer Awareness Month.  Efforts to increase awareness and raise funds for research include everything from Facebook memes to athletic events (shameless plug: join me for the Trek Bikes Breast Cancer Awareness Ride on October 9).  Although early detection has reduced mortality rates, data suggest that at least 1 in 8 women will be diagnosed with breast cancer.  Mothers, wives, sisters and daughters are all at risk.

Since there is no cure, successful treatment depends on early detection and prompt medical intervention.  Women should regularly perform self-examinations and get regular medical check-ups.  Most physicians are attentive, especially if there are attendant risk factors such as age or family history.  Some doctors, however, will rely solely on preliminary studies or dismiss complaints--especially among young women.  If this happens, breast cancer diagnosis can be missed, and the results of the delay can be devastating.

There are a number of circumstances where breast cancer can be missed.  For instance, when a woman discovers a lump on examination, reports it to her doctor, who then orders a mammogram that comes back negative.  Some doctors will incorrectly advise their patient that all is well.  But not all breast cancers are detected on mammography.  The standard of care for medical professionals requires additional clinical follow-up where there is a palpable mass and a negative mammogram.  The standard of care requires an ultrasound, and if that mass still persists, a biopsy.

Another scenario was discussed recently in the New York Times, where doctors regularly misdiagnose a type of breast cancer called ductal carcinoma in situ, or D.C.I.S., particularly in its earliest stages. According to the article, "17 percent of D.C.I.S. cases identified by a commonly used needle biopsy may be misdiagnosed."  Recent research reveals that women with dense breast tissue are at higher risk for D.C.I.S., requiring further vigilance.

Patients and their families must be their own advocates.  The stakes are too high, and women deserve to have their health carefully addressed.  As a medical malpractice attorney, I've seen far too many cases where women have presented to their physicians with complaints of breast lumps, only to have these concerns dismissed because they're "too young" to get cancer or because of a negative mammogram.  These cases have resulted in women having to undergo radical treatment that could have been avoided if the cancer had been detected sooner.  Most tragically, in some cases, the cancer wins and families lose their wives and mothers to the devastating disease.

During this month of increased awareness, take control of your health care.  Recommendations for getting good professional care are available HERE.  They include talking candidly with your doctor; following up with any recommended testing, and if necessary, getting a second opinion.

If you reported your concerns to a doctor, and he or she ignored them until it was too late, you may have a claim for medical malpractice.  You should contact a lawyer that will hold the doctor accountable.