Many people turn to so-called “natural” and “homeopathic” supplements and vitamins in an effort to reduce the number of prescription drugs they take to manage health conditions. Others simply dislike the idea of taking prescription medications. Although some supplements and vitamins can be beneficial, they should always be taken under the supervision of a qualified doctor. Before you ingest any kind of supplement or vitamin, it’s important to know exactly what you’re putting in your body. Recently, the Food and Drug Administration (FDA) released a warning regarding the dangers of homeopathic teething gels and tablets marketed for use in babies. According to the FDA’s press announcement, these teething gels and tablets may cause seizures in infants and children. Obviously, parents and caregivers need to be on high alert when it comes to using over-the-counter and homeopathic remedies for babies and children. This announcement underscores the importance of speaking to a pediatrician before using any medication or supplement at home. If you or a loved one has been injured by a drug, vitamin, or supplement, you may be entitled to compensation for your injury and other losses. Speak to an experienced medical malpractice and defective drug lawyer as soon as possible to ensure your legal rights are protected. Vitamins and Supplements Do Not Need FDA Approval Many people are surprised to learn that vitamins and supplements are not subject to the same regulatory requirements as prescription drugs. Specifically, manufacturers of vitamins and supplements do not need FDA approval to sell their products to the public. Instead, the laws makes vitamin and supplement manufacturers responsible for policing their own products. According to the FDA, manufacturers are only required to notify the FDA in cases where they intend to produce a new ingredient. Even in those cases, the FDA only reviews the ingredient — the agency does not test it or approve it prior to sale. The FDA will intervene if it receives reports or notices of a vitamin or supplement causing health or safety problems. The agency will also take action in cases where a manufacturer makes false or misleading claims, such as claiming that its product treats conditions or helps improve medical problems that it is not capable of treating or helping. Unfortunately, this usually only happens after someone has gotten sick from taking a vitamin or supplement. Dietary Supplements and Vitamins Linked to Deaths Sadly, many “natural” supplements and vitamins have caused serious harm and even death — and in many cases, the harmful substance in the supplement or vitamin was, indeed, entirely natural. Just because an herb or mineral is naturally-occurring, however, does not mean it’s safe or safe for everyone. In the late 1990s, the diet supplement industry was dominated by sales of supplements containing ephedra, an herb that acts as a stimulant. Ephedra was sold over-the-counter in numerous diet pills. The problem was that too much ephedra began causing people to experience heart palpitations, high blood pressure, and heart arrhythmia. In some cases, people suffered strokes and heart attacks. Seven people died in 2004 after taking ephedra. The drug caused 14 other deaths prior to 2004, and another two fatalities in 2005 and 2007. The FDA banned ephedra in weight loss products in 2004, and health experts say the nationwide ban has caused the number of ephedra-poisoning cases to decline dramatically. One doctor said the ban has come close to eradicating ephedra-related health problems completely. The story behind ephedra is a sobering reminder of the importance of using extreme caution when taking any type of supplement or vitamin. Always talk to your doctor before taking a vitamin, weight loss pill, or any kind of supplement. Talk to a Physician-Attorney about Your Case At LawMD, many of our lawyers are doctors themselves. Your health and well-being are our top priority. Talk to a medical malpractice lawyer who understands what you are going through, and what you need to get the justice and compensation you deserve. Your case is important to us. Call today for a free case evaluation.
WHEN DOCTORS LIE TO PROTECT THEIR FRIENDS
If you have worked at a particular job or in a specific profession for a long time, you probably feel an affinity for your coworkers or the other professionals in your industry. It is human nature to form into groups, and to align ourselves with other people who share similar interests, goals, and experiences. For example, firefighters and police officers often describe their work as a “brotherhood.” Whether you’re a nurse, teacher, taxi driver, or construction worker, no one really “gets it” like your coworkers. When you work hard, it’s important to have a strong support network. In most cases, this is a good thing. Unfortunately, sometimes solidarity can go too far. When people stand behind colleagues who have done harm, they can make a case go from bad to worse. In the most egregious cases, lying for a colleague or coworker can result in additional harm down the road. This is especially true in cases involving medical malpractice, in which a doctor’s performance is assessed based on the standard of care used by other doctors in the same area and in the same medical specialty. Doctor Confesses He Lied in Court In a recent NPR report, a retired surgeon confessed that he lied under oath in a trial involving another doctor in his medical practice. Dr. Lars Aanning, who is now a patient safety advocate, said he outright lied on the witness stand during a medical malpractice trial when asked if he had ever had cause to question the other doctor’s skill. According to Aanning, “doctors don’t squeal on doctors.” Aanning expressed profound regret for his role in the trial, in which the jury sided with the doctor. In an interesting, and perhaps even poetic twist, he now assists the same lawyer who represented the plaintiff in that case, providing expert advice and testimony in other medical malpractice cases. The report notes that it is difficult to determine how often doctors shield their colleagues from liability for medical mistakes, however a ProPublica survey of 1,000 patients found that just 1 in 5 were told they had been injured by a doctor or hospital. In the same survey, just 1 in 8 patients received an apology for the harm they suffered. Repeat Offenders in Medical Malpractice It’s important for doctors to tell the truth, not just because it’s the right and ethical thing to do, but because their testimony can help expose physicians who should not be practicing medicine. According to a study published in the New England Journal of Medicine, one percent of doctors accounted for one-third of all medical malpractice claims paid out between 2005 and 2014. In short, the same small percentage of doctors were responsible for 32 percent of medical mistake claims in a nine-year period. The co-author of the study called these doctors “frequent flyers” in the area of medical malpractice, because doctors who fell into this group tended to commit errors over and over again. In fact, the one percent of high-risk doctors fit a pattern: They were mostly male, over 35 years old, and specialists in general surgery or internal medicine. According to the study’s authors, establishing patterns is important, as it can help other researchers identify potentially unfit physicians and prevent future harm. Contact a LawMD Medical Malpractice Lawyer Today If you have been harmed by a doctor’s mistake, or you have lost a loved one due to medical malpractice, you have important rights. Speak to a LawMD medical malpractice lawyer for free today. Our lawyers are available to discuss your claim and help you determine the next steps in your case.
THE FASCINATING STORY BEHIND THERANOS
If you hate needles, you’re definitely not alone. According the Healthline, as much as 10 percent of the population has a fear of needles — a condition known as trypanophobia. Alarmingly, up to 20 percent of sufferers avoid getting medical treatment because of their phobia. It’s no surprise, then, that many trypanophobics rejoiced when a company called Theranos came on the scene, promising it could deliver accurate results for 240 types of blood tests using the blood from a single finger prick. The company’s enigmatic and eccentric founder, Elizabeth Holmes, was a magnetic — if perhaps somewhat polarizing — figure, much like other legendary Silicon Valley startup founders. According to an in-depth Vanity Fair article, Holmes even modeled much of her life, including her clothes, on that of the late Apple founder, Steve Jobs. The only problem? It was almost entirely a lie. According to multiple reports and an undercover journalistic investigation carried out by the Wall Street Journal, the technology behind Theranos was not capable of delivering on its claims. Even worse, many of the tests the company performed were actually sent out to competitors’ labs. In fact, just 15 of the blood tests offered by the company were conducted on its own machines. Investigators have also found evidence that many of the lab results Theranos conducted were defective. Inaccurate Lab Tests Just a few months after the Wall Street Journal published its story questioning Theranos’ technology, the federal government began investigating the company. The Centers for Medicare and Medicaid Services (CMS) issued a letter stating that Theranos’ blood tests “pose immediate jeopardy to patient health and safety.” After that, things went from bad to worse for Theranos. As reported by Forbes, Theranos laid off 340 employees in October 2016. Walgreens, which previously offered Theranos testing in 40 of its locations, terminated its relationship with the company in June 2016. Theranos was also hit with federal sanctions when the CMS banned its founder from operating a lab for two years. The government also threatened to permanently ban Theranos and its founder from working in the health care industry. In a compromise, Theranos agreed to void all lab test results performed on its machines between 2014 and 2015. Once valued at $4 billion, Holmes’ estimated net worth has been reduced to $0. Most recently, the company, its founder, and several others connected to Theranos have been named in a $100 million lawsuit filed by one of its largest investors. The investor claims the company blatantly lied in an effort to persuade investors to put their faith — and their money — in the company. Experts speculate that similar lawsuits could be forthcoming. The impressive rise and meteoric implosion of Theranos will undoubtedly be used as a case example in business classes for years to come, as students and analysts ponder how the company’s duped investors can recover the money they lost. However, Theranos also hurt thousands of people by lying about its blood test technology. It may be impossible to gauge how many people suffered a serious health complication due to an inaccurate lab analysis of their blood. Get Help from a Medical Malpractice Lawyer If you have been injured by a defective medical device, a doctor’s mistake, or a misdiagnosis, it’s important to get legal help right away. The law limits the amount of time you have to file a claim. Don’t miss your chance to get full and fair compensation for your injuries. Call the medical malpractice lawyers at LawMD today to schedule your free case evaluation.
WHY HIRE AN ATTORNEY FOR WASHINGTON DC MEDICAL MALPRACTICE CASES?
Immediately after you realize that you have been the victim of medical malpractice, there are many questions and concerns that you have. You may be tempted to handle this situation on your own and may avoid hiring a medical malpractice attorney. It can be a big mistake to assume that you can handle all of these complicated issues without insight from a knowledgeable lawyer. Make Sure You Have Someone Protecting Your Rights and Sharing Your Side of the Story One of the primary reasons for this is that you can expect that the other side will use the full range of their insurance company and legal protection to fight this claim. Remember that the insurance companies, doctors and hospitals who represent those healthcare practitioners may have extensive experience in handling medical malpractice claims. Given that medical malpractice is a leading cause of personal injury in the United States today, there is a good chance that everyone on the other side of your case has significant experience defending against these types of claims. The law firms involved in defending these claims will use the full extent of their resources in order to fight it. Likewise, you should have somebody working hard to advocate for your best interests if you have become a victim of medical malpractice. There is no doubt that medical malpractice can have significant ramifications on your life and make things difficult for you going forward. Avoid Costly Mistakes by Retaining a Lawyer Early On Small mistakes made early on in the process of fighting a medical malpractice situation could cost you down the road. For example, if the other side pressures you into accepting a settlement amount that is far less than the full extent of your injuries, you may be unable to ever recover additional funds associated with your claim. This is because the majority of settlement agreements contain language that prohibits you from ever being able to file a claim against the doctor or other responsible parties. Given that there is so much on the line for your future when you have sustained critical injuries in a medical malpractice situation, you need insight from an experienced and dedicated lawyer to help you. Do not hesitate to reach out to get assistance from someone sooner rather than later. One of the most positive aspects of working with a medical malpractice attorney in Baltimore after you have become a victim of a doctor’s negligence is that you will have a place to turn to get your questions answered sooner rather than later. An attorney with extensive experience in medical malpractice cases can help explain your rights and responsibilities to you so that you know what is involved going forward. Get Help When You Need it Most Without Having to Worry About Financial Implications You should never hesitate to reach out to a lawyer to get your questions answered because the majority of Baltimore medical malpractice lawyers offer a no-cost consultation. In addition, the primary method of paying your lawyer is known as a contingency fee when you file a medical malpractice lawsuit. A medical malpractice lawsuit with a contingency fee means that you do not pay the lawyer a retainer or on an hourly rate for the legal fees. Instead, he or she only collects a portion of the recovery if successful in obtaining a recovery. This reduces your concerns about your financial future and also gives the attorney additional motivation to lead to a full and fair settlement or trial outcome for you. Given that there are so many complicated factors involved in medical malpractice cases, it is strongly recommended that you partner with an attorney who will fight hard for your rights. Make sure that someone is looking out for you in this situation where a doctor’s reckless or negligent behavior has left you with significant injuries and lifelong repercussions. You may be able to recover compensation for your injuries if you file a prompt legal claim with the help of a lawyer. You deserve to fight for compensation so that you can move on with your life. No patient should have to pay the price for a doctor’s mistake.
How Does the Legal System Ensure Fair Compensation for Birth Injuries Resulting in Long-Term Disability?
If you have a loved one who was injured during birth, there are legal avenues to help hold the responsible parties accountable. Birth injuries resulting in long-term disability are traumatic and can have long-lasting emotional and financial impacts on families. An experienced legal team can help navigate the complexities of birth injury cases and secure the compensation owed to provide for the future. LawMD is uniquely qualified to assist in your birth injury compensation claim, as our lawyers are also physicians. Understanding Birth Injuries Birth injuries encompass a range of conditions that occur during labor and delivery, sometimes due to medical negligence or complications. These injuries can result in permanent disabilities that affect the child’s physical, cognitive, or developmental abilities. Mothers can also be injured during delivery due to complications during the birth and improper medical care. As attorneys who are also doctors, we can apply our knowledge and experience in both fields to assist you in determining and fighting for fair compensation. Oxygen Deprivation Brain damage can be caused by oxygen deprivation during or after birth (known as hypoxic-ischemic encephalopathy, or HIE). HIE can lead to cognitive impairments and developmental delays. The seriousness of brain injury depends on what caused the lack of oxygen, the maturity of the baby’s brain, blood flow, and the mother’s health. Bone Fractures Nerve, brain damage, and bone fractures can occur from force during birth injuries. Shoulder dystocia is a significant risk factor during childbirth, which occurs when the baby’s shoulder gets stuck behind the mother’s pubic bone. Pulling too hard on the baby during delivery can cause damage to the nerves in the baby’s shoulder area (called the brachial plexus). Fractures of long bones in the arms or legs can occur if the baby’s limbs are pulled or twisted during delivery. Skull fractures are less common and can occur during difficult deliveries, particularly if vacuum extraction or forceps are used improperly. Legal Recourse for Families Families affected by birth injuries can seek legal recourse to hold healthcare providers accountable for negligence, which often involves filing medical malpractice claims. After going through the trauma of a birth injury, it can be very overwhelming to face the legal system seeking compensation for the long-term effects. Evaluating Medical Malpractice Medical malpractice claims in birth injury cases require a thorough assessment of whether the injury resulted from substandard medical care during childbirth. An assessment for malpractice involves reviewing medical records, consulting with expert witnesses, and analyzing the circumstances surrounding the birth. Role of Legal Counsel Legal professionals specializing in medical malpractice and personal injury law help families navigate complex legal procedures to seek compensation. Personal injury attorneys have the knowledge and experience to advocate for families and ensure their rights are protected throughout the legal process. Compensation for Long-Term Effects The legal system considers the long-term effects of birth injuries when determining compensation, which can include medical expenses, ongoing care needs, loss of future earnings, and emotional suffering. Families may also be entitled to compensation for rehabilitation services, adaptive equipment, and modifications to their home or vehicle to accommodate the child’s needs. Calculating Damages Damages in birth injury cases often encompass economic damages (medical bills, therapy costs) and non-economic damages (pain and suffering, loss of quality of life). Quantifying these damages requires input from medical professionals, economists, and other experts to estimate the lifelong costs associated with the disability. Challenges in Birth Injury Cases Proving medical negligence in birth injury cases can be challenging. It requires expert testimony and detailed medical evidence to establish a direct link between the injury and the medical provider’s actions. Additionally, healthcare providers and their insurers often vigorously defend against malpractice claims, making these cases complex and time-consuming. Statute of Limitations Families must be aware of the statute of limitations laws governing the timeframe within which they can file a birth injury claim. These laws vary by state and may restrict the timeframe for pursuing legal action, underscoring the importance of prompt legal consultation. Legal Process for Compensation The legal process for birth injury compensation involves several stages, including investigation, filing a claim, negotiations, and potentially going to trial. Investigation and Evidence An investigation into the circumstances of the birth and expert medical testimony is crucial in building a solid case. Attorneys gather evidence, interview witnesses, and consult with medical experts to establish liability and demonstrate the extent of the harm caused by the birth injury. Negotiation and Settlement Many birth injury cases are settled out of court through negotiations between legal teams representing both parties. Attorneys for the injured party negotiate with the healthcare provider’s insurance company to reach a fair settlement that adequately compensates the family for their losses. Court Trials If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury decides the outcome. During the trial, attorneys present evidence, question witnesses, and argue their case before the court. The judge or jury then determines whether the healthcare provider was negligent and if the family is entitled to compensation. Ensuring Fairness and Justice The legal system aims to ensure fairness and justice by holding negligent parties accountable and providing adequate compensation for families affected by birth injuries. By seeking legal recourse, families can obtain the financial resources needed to provide for their child’s lifelong care and support. Seek Advice from Legal and Medical Professionals If you or your loved one has been harmed during birth, LawMD is here to help. Our lawyers are doctors, too, so our team brings a robust medical background and years of experience to the table to understand your family’s needs in this difficult time.Call us today to schedule a consultation at (844) 735-1024.
USING TECHNOLOGY TO HELP MINIMIZE MEDICAL MALPRACTICE MISTAKES
According to many different research studies, medical malpractice is the third leading cause of death across the United States. Some hospitals are delving further into what causes medical malpractice and using innovative tools to help prevent it in the future. Unfortunately, far too many patients suffer devastating or even fatal injuries as a result of medical malpractice. Basics of Medical Malpractice There are many different kinds of hospital liability that can present as medical malpractice. Doctors and hospitals must retain extensive medical malpractice insurance to cover the risks because hospital and doctor negligence is on the rise and is a leading form of personal injuries today. Sometimes, a patient does not realize that he or she has suffered medical malpractice until days or weeks afterwards. If a doctor does not act with the appropriate professional standards then a patient might pursue a malpractice claim. If you have recently lost a loved one due to medical malpractice, you and other family members might consider filing a wrongful death claim for medical malpractice. Hiring the right Maryland malpractice lawyer can help you determine your next steps and protect your financial future after the preventable loss of a loved one. Hospitals Realize Liability Exposure The surge of medical malpractice cases reported has led some hospitals to realize their exposure to liability and to work hard on innovative technology programs that can help to reduce these instances. The newest is called innovative surveillance technology. This can help to avoid major surgical mistakes like leaving instruments inside a patient or operating on the wrong body part. Many hospitals have tracked malpractice case data on paper and in the computer, but new technology may allow more immediate capture for data that can be reviewed in reports to prevent future malpractice events. Understanding where a hospital falls short can be crucial for minimizing the costs associated with a malpractice event. The right lawyer can make a difference in the outcome of your case. How Technology is Used to Capture Data and Prevent Malpractice Cameras are used in several hospitals, making several hospitals deploying the surveillance technology by using one camera in each operating room. The cameras keep an eye and integrate with the surgical team’s checklist to ensure that the right patient is being operated on and that the right procedure is being performed. The video from every operating room is live streamed and monitored by someone outside the facility and an alert is sent immediately allowing doctors to rectify the situation sooner rather than later. This can also allow for positive data collection to be used to identify the most popular situations where medical malpractice occurs within each hospital’s sites. What One Program Shows so Far According to one hospital that has deployed the surveillance technology in New York, full safety compliance within the facility increased to 90% from 25%. The purpose of the cameras is to reward following procedures rather than punishing employees, so faces on the video screens are blurred so that individuals cannot be identified. The company that has developed this technology also reports that individuals on the camera tend to compete with one another for higher and higher accuracy, encouraging everyone in the hospital to Unfortunately, medical malpractice is still all too common as any victim can attest. Discovering too late that medical malpractice has occurred could lead to costly medical bills, future treatments that might have otherwise been unnecessary and a painful recovery period. Some of the most common instances of medical malpractice include: Misdiagnosis Delayed diagnosis Prescription drug errors Surgical errors Other technology in the medical field that could help to reduce or eliminate medical malpractice occurrences is electronic health records. Don’t Wait! Call a Medical Malpractice Lawyer about Your Case Since electronic health records capture data about every individual patient and are stored in the computer system, a doctor may be more likely to see a condition or drug counterindication that could prevent devastating medical malpractice. If you have already been a victim of medical malpractice in Maryland, you need to consult with an experienced medical malpractice attorney immediately.
4 ASTOUNDING MEDICAL MALPRACTICE FACTS
Medical malpractice leads to more deaths in the United States than automobile accidents, breast cancer, or AIDS. Instances of substandard care or physician negligence necessitate the services of a capable medical malpractice lawyer to advocate on behalf of the patient or their loved ones. The terrifying reality of medical negligence is reflected in the following facts: Approximately 98,000 patients die every year from preventable medical mistakes. The number of individuals who die from medical negligence equals roughly the population of Berkeley, California or Cambridge, Massachusetts. This statistic demonstrates how medical malpractice is growing to epidemic proportions in the United States. The yearly cost to society because of medical negligence falls between $17 billion and $29 billion. When medical negligence occurs, everyone suffers. Medical malpractice, especially when it involves wrongful death, exacts billions of dollars in additional health care costs to American citizens. Only 1 in 8 medical negligence cases results in a medical malpractice claim. Although they suffer grievous harm because of substandard care or hospital negligence, a far majority of patients do not take action to contact a medical malpractice lawyer and file a claim. Not only does this deny these patients deserved compensation, but it also enables careless health care providers to continue practicing medicine that may cause harm to others. Only 8 percent of doctors with 2 or more medical negligence payouts have been disciplined by their state medical boardThis is one of the most shocking statistics about medical malpractice. Because state medical boards do not take the necessary measures to protect patients from negligent physicians, it is crucial that you hire a medical malpractice attorney who will. If you are the victim of medical malpractice in the Washington DC area, contact LawMD. Our team of medical malpractice and wrongful death lawyers provide needed assistance to those who have suffered from medical negligence. Call (833) 695-2963 to schedule your free and confidential case evaluation at our Washington DC office.
MISDIAGNOSED: STAY ENGAGED AND FOLLOW UP
Unfortunately, medical misdiagnosis is one of the leading causes of medical malpractice today. Being diagnosed with a different condition or illness may cause numerous problems for a patient who is affected. First of all, the patient may believe that the doctor is accurate and may pursue a course of treatment that he or she does not need. This can prove extremely problematic as this may result in other risks and side effects that were completely unnecessary. A doctor should be using the full extent of his or her training regarding industry standards when it comes to giving a patient a diagnosis. If mistakes are made and this compromises the patient’s ability to recover from the condition, that patient may have grounds to pursue a medical malpractice claim. Speaking with a lawyer is strongly recommended even if you only suspect that you have a claim at this time. Any patient who has suffered an injury at the hands of a physician or other medical professional could have grounds to file a medical malpractice claim. It is far better to set up a meeting with a medical malpractice lawyer in Maryland just to be clear about your rights. If you have grounds for a claim, a lawyer can help you initiate this process. What to Do if You Discover Signs of Misdiagnosis By the time a patient uncovers that these medical treatments were not necessary, he or she may already have suffered for several weeks or for several months. Staying engaged as a patient is critical to pointing out potential symptoms that may still exist even after the doctor has begun to treat the misdiagnosed condition. Another problem that can emerge for a patient who is the victim of misdiagnosis is that he or she will not receive critical treatments needed to stop the actual medical condition. This means that they may be missing out on days, week or months of treatments that could help to improve their quality of life, address symptoms or eradicate the condition altogether. Discovering that you have been a victim of medical misdiagnosis can be extremely frustrating and overwhelming if you have never been in this position before. One of the leading concerns to pay attention to regarding misdiagnosis has to do with the emergence, resurgence or a set of symptoms that continues to get worse over time. If the doctor has misdiagnosed you with another condition, you may continue to receive treatment for this inaccurate condition but you need to keep your doctor informed of the issues that you are continuing to experience. If the doctor mistakenly believes that you have another condition, he or she may still continue to encourage you to pursue separate types of treatment unless you speak up and share your issues and symptoms. Diagnostic errors are defined as missed, inaccurate or delayed diagnoses and these account for between 40,000 and 80,000 deaths in the United States every year. According to patient safety experts in the field, diagnosis is an aspect of medicine that has minimal research funding and does not receive enough attention. There are more than 10,000 diagnosable conditions that a patient may be afflicted with and it is estimated that at least 200 new ones are added every single year. With more than 5000 laboratory tests available, not every doctor can have or will have the right answer. One September 2015 research study called Diagnostic Error and Healthcare, used autopsies to identify that one in 10 patient deaths requiring an autopsy was the result of a delayed or an inaccurate diagnosis. Improved communication between patients and providers is an essential element to catching a misdiagnosis situation sooner rather than later. Pointing out your concerns to the physician can help to avoid future complications. In the event that you or someone you know has been a victim of misdiagnosis, you may have grounds for a medical malpractice claim. Don’t Wait! Call a Medical Malpractice Attorney about Your Case Consulting with a lawyer immediately is strongly recommended so that you can more clearly understand your rights going forward and determine your next steps. Reach out to an experienced medical malpractice attorney immediately to learn more about what is best for you.
WHAT DOES IT MEAN WHEN A DOCTOR IS BOARD CERTIFIED?
Generally, doctors are highly respected in this country, and for good reason. American medical doctors undergo some of the most rigorous professional training in the world. Getting through medical school, years of residency, and passing the exams required for board certification requires years of hard work and sacrifice. Physicians who specialize in certain disciplines can spend over a decade learning their area of specialty. When visiting a doctor, you may have noticed that he or she is board certified in a certain practice area (or multiple areas). Understandably, many patients wonder if board certification is mandatory, what exactly it entails, and whether they should only see physicians who are board certified in a specific area. Because so many of the lawyers at LawMD are physicians themselves, we have firsthand experience with the tests and hands-on experience required to practice medicine. When you choose a doctor, it’s important to thoroughly research his or her credentials. There are strict rules that govern how a doctor can hold himself out to patients as being board certified in a specific area. If your doctor has misrepresented his training, credentials, or experience, speak to an experienced medical malpractice lawyer as soon as possible. Medical Degree vs. Board Certification There is a difference between being licensed to practice medicine and being board certified in a specific medical specialty. To be licensed to practice medicine, an individual must first graduate from medical school — a step that comes after he or she has already obtained a bachelor’s degree at the undergraduate level. In the U.S., students who wish to become physicians can attend medical schools that offer the MD (doctor of medicine) or DO (doctor of osteopathic medicine) degree. After receiving an MD or DO degree, doctors must then fulfil their residency requirements. Residency training can last anywhere from three to seven years, depending on the area of specialty the doctor wishes to pursue. For example, if you have taken your child to a pediatrician, your child’s doctor has completed a residency in pediatrics. This means the pediatrician spent several years after medical school studying and training under the supervision of experienced doctors in pediatrics. In some cases, doctors may extend their training beyond residency by participating in a fellowship program. Fellowship training can last an additional one to three years. Generally, doctors who go on to a fellowship program wish to practice in a highly specialized area. Unlike medical school and residency, which are mandatory, board certification is entirely voluntary. In the U.S., doctors can choose to become board certified through the American Board of Medical Specialties (ABMS) or the American Osteopathic Association. Dentists can also choose to become board certified. The ABMS, which is the larger of the two organizations for physicians, oversees 24 medical specialties. Although board certification is voluntary, the majority of doctors maintain a board certification in at least one area of practice. According to one report, about 85 percent of the 700,000 licensed MDs in the U.S. are board certified. To find out if your doctor is board certified, you can perform a search on the ABMS website. Speak to a LawMD Attorney-Physician about Your Case If you have been injured due to a doctor’s negligence or a hospital’s mistake, it’s important to speak to a knowledgeable medical malpractice lawyer right away. The medical malpractice lawyers at LawMD are available today to speak to you about your case. Call now to discuss your options with one of our attorney-physicians.
What Are Neonatal Resuscitation Errors?
“What are neonatal resuscitation errors?” is a common question we get all the time. Learn More: What is Birth-Related Injury? – Birth-Related Medical Malpractice What Is Shoulder Dystocia? – Birth Injury Birth Injuries Video Transcript Timestamps 0:00 Intro 0:49 Birth Injury: What Are Neonatal Resuscitation Errors? 1:07 What Are Apgar Scores? 2:05 What Doctor’s Look At People frequently ask me, what are problems that can relate to a baby being resuscitated after birth? Resuscitation means that medical actions are performed to the baby to help them breathe and to try to get their heart rate back to normal. There are some babies, who when they’re born, for a variety of reasons, have low Apgar scores and have to be resuscitated in order to survive. 0:49 Birth Injury: What Are Neonatal Resuscitation Errors? I’m not going to get into all the reasons that’s necessary. But what I am going to talk about today is what can happen after the baby is born and needs resuscitation, but is not resuscitated adequately. 1:07 What Are Apgar Scores? First of all, let’s talk about the Apgar scores, because the Apgar scores were developed probably fifty or sixty years ago by Virginia Apgar, a lady doctor at Columbia University Medical School, which is actually where I went to medical school. I was never fortunate enough to meet Dr. Apgar because she was dead before I was there, but apparently she was a very, very important person in the medical school. As we know, has the Apgar score named after her. When a baby is born, anywhere in the United States and many places around the world, they are assigned an Apgar score. That is when the baby is examined, and what the doctor or the nurse does is look at five different things about the baby. 2:05 What Doctor’s Look At First of all, they look at the heartbeat, and if the heartbeat is above a certain number or below a certain number, they score it a certain way. Second, they look for respiratory effort, and some babies will have a great respiratory effort. They will cry and you know they’re breathing very, very well. Some will not. Third, you look for reflex irritability where the baby, if you simply pinch the baby a little bit on the toe, the baby will move and show you good reflex irritability. Some babies don’t move at all. The other is the skin color, and the skin color is usually a difficult one to assess on a baby because many times babies are quite cyanotic or quite blue all over their body, and sometimes they’re not. You get a different score when the skin is better. Now that’s four out of five of the Apgar scores components. But that frequently gives you plenty of information about how the baby has been born through the birth canal, and how the baby has survived that birth. When a doctor looks at that Apgar score and sees a low Apgar score, then they know that this baby needs help. Sometimes all you need to do is stimulate the baby and they come around just fine. Sometimes you need to suction the baby and take secretions out of the baby’s mouth and nose, and then they do fine. But sometimes, you need to actually breathe for the baby. The way this is done, first of all is that you can put a little mask over the baby’s mouth and nose and pump the mask so that a breath goes into the baby. That sometimes will bring the baby around. If that doesn’t work, then you may need to do endotracheal intubation. Endotracheal means inside the trachea. Of course, in order to do that, you have to go through the mouth, you have to visualize the trachea, and then put a small plastic tube in the trachea, connect it to that same bag and mask, and give a breath for the baby. Sometimes when this happens to a baby, the baby really needs that endotracheal intubation quickly. Sometimes people are not there in the delivery room to be able to do it efficiently. If they can’t, then you have a problem. One case that I dealt with some years ago was a baby who needed an endotracheal intubation, and the tube was placed, but the tube went down the esophagus, which is right next to the trachea. When that’s done, no air is getting into the lungs when you try to breathe for that baby. Well, that baby went to the newborn intensive care unit with that tube in the esophagus. Because of that, the baby ended up getting serious brain damage. There are ways to detect whether that tube is in the trachea or in the esophagus. But at that particular hospital on that particular day, the nurses and the doctors didn’t do that, and the baby ended up with serious brain damage. Once the baby is resuscitated with the endotracheal tube, the tube has to be tied into the baby’s face. Sometimes the nurses do it correctly, sometimes they don’t. Therefore if they don’t the tube will slip out. If the tube slips out, the baby needs to be intubated again. Sometimes that’s not done in a timely way. There are many ways that mistakes can be made with regard to resuscitation of the baby, and these are just a few. Another way is sometimes baby’s need to have cardiac massage, and that needs to be done in a specific way. Sometimes that is not. Once again, there are observers in most every birth, and what they’re supposed to do is write down everything that happens or doesn’t happen. We have to go through those records and determine whether these things happened as they were supposed to. If you have additional questions about what neonatal resuscitation errors are or anything related to neonates and obstetrics, please click below and we will get back to you and let you know whatever you need to know. At LawMD, our physician-attorneys are committed to supporting parents and families who have been devastated by a birth injury diagnosis. More than 12 of our lawyers are also physicians. As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients. If you or your loved one has been permanently or seriously injured due to negligence, contact the Medical-Legal team at LawMD. For serious injuries, LawMD is the right medicine for justice.
How Do You Prove Misdiagnosis?
“How do you prove misdiagnosis?” is a common question our misdiagnosis lawyers get all the time. Stick around to learn more about wrong diagnosis cases. Learn More From Our Misdiagnosis Lawyers: Is Failure to Diagnose a Form of Medical Negligence? What Is Failure to Diagnose? Video Transcript Timestamps 0:00 Intro 0:22 Multiple Sclerosis: An Example of A Misdiagnosis and Wrong Diagnosis 1:07 10 Years Of Misdiagnosis and Wrong Diagnosis 2:11 Accurate Diagnosis Is Important A misdiagnosis again goes to that standard of care question. 0:22 Multiple Sclerosis: An Example of A Misdiagnosis and Wrong Diagnosis Probably most folks listening have heard of multiple sclerosis. It’s a disease that a lot of people may not fully understand, but they’ve heard of it. I would venture to say that most of our listeners have probably never heard of DivX disease or neuromyelitis opticans. But these two illnesses are both neurological. They both can involve the brain and the spinal cord and they can look very similar in some ways. 1:07 10 Years Of Misdiagnosis and Wrong Diagnosis But there are differentiating features. One is a simple blood test called an aquaporin antibody. I had a lady many years ago, well not that many, five years ago or so, who was diagnosed with multiple sclerosis. She subsequently changed her care after receiving 10 years of treatment for multiple sclerosis with minimal improvement. She had problems with urinary control incontinence, she was wheelchair confined. When she transferred her care, her new neurologist did a complete history, a complete physical, ordered the necessary blood test, and realized that she had been for almost 10 years receiving the incorrect treatment. As a result, she just failed to get any better. The second neurologist prescribed the correct treatment, a drug called Rituxan, which is very effective against DivX disease, and it changed this middle-aged woman’s life. She was able to ditch the wheelchair, she was able to do more around her house, she was able to do things she enjoyed. Her quality of life improved notably, even including her incontinence and bladder problems to a point where she was much much more comfortable. You’ve got to make the correct diagnosis to establish and receive the correct treatment, and that standard of care is really where you establish that this diagnosis should have been made and it should have been made timely. In the case of a disease like multiple sclerosis and neuromyelitis opticans, most of those patients are going to be seen by a neurologist, a specialist in the nervous system. In the case of a neurologist who misses that particular diagnosis, perhaps thinks this is multiple sclerosis versus DivX disease, another neurologist, again someone similarly trained who’s treated patients with both these entities, would have to give opinion testimony to the effect that you know, another neurologist in this scenario would have done this particular study and made the correct diagnosis instead of the misdiagnosis or the faulty diagnosis. 2:11 Accurate Diagnosis Is Important It’s all established through that standard of care, and again it may be something as simple as a point in a physical examination or a point that should have been taken in the history or a laboratory test or an x-ray that should have been done. You have to establish that the misdiagnosis was a breach in the standard of care, you do it through opinion testimony. Most importantly, again the treatment for those two illnesses is very different and you have to be able to show that, hey, had the correct treatment been prescribed early, which it would have had the diagnosis been made earlier, this patient would have not been damaged. If your family has been affected by a misdiagnosis, you deserve more than just answers—you deserve full and fair compensation. The dedicated Physician Attorneys at LawMD are nationally recognized for their work. We help families across the United States; let us help yours. If you or your loved one has been permanently or seriously injured due to a misdiagnosis, contact the Medical-Legal team at LawMD. More than 10 of our misdiagnosis-trained lawyers are also physicians. For serious injuries, LawMD is the right medicine for justice.
Is Failure to Diagnose a Form of Medical Negligence?
Learn More CANCER MISDIAGNOSIS What Is Failure to Diagnose? Video Transcript Timestamps 0:00 Intro 0:33 What Is Needed for a Medical Negligence Case? 1:56 Cancers That Respond Well to Treatment 2:48 Cancers That Are More Aggressive 3:56 Early Detection is Key Well, the short answer as to whether failure to diagnose is medical negligence, the answer is, frequently yes. 0:33 What Is Needed for a Medical Negligence Case? Again though, the key is, you need all four prongs of that negligence equation that I mentioned earlier. You have to have duty, breach, causation, and damages. If you have all of those, then yes, that particular failure to diagnose is negligence. All of us I think understand particularly just as a hypothetical, the area of oncology or cancer, probably since most of us were young, we’ve heard at least as to cancer, that, you know the key is early diagnosis. And as an individual with over 55 years of medical and legal experience, I hate to admit that I’m that old, but I am. The ability to pick out an issue with a cancer that would have led to a much better outcome had a patient been timely diagnosed is very important. As many of our listeners may realize, some cancers are extremely treatable. They do very well, usually with early detection, radiation, chemotherapy, surgery. These patients almost virtually always have a good outcome. 1:56 Cancers That Respond Well to Treatment One example would be most skin cancers, most thyroid malignancies, testicular malignancies, and men tend to be very responsive to treatment these days. These are cancers where a failure to diagnose may not make a great difference, and although again, there may have been an error in not diagnosing timely, unless there are damages, there is no negligence. So, tumors that are relatively benign, again the three I mentioned were most skin tumors, thyroid cancer, testicular cancer, and most breast cancers now in women, are readily treatable with a good outcome short of just a completely unreasonable delay. 2:48 Cancers That Are More Aggressive Now with that said, there are other malignancies. Particularly pancreatic cancer, esophageal cancer, some very aggressive colon cancers, prostate cancers, that if you don’t diagnose them early, the difference really can be a life or death type of difference. So again, an early pickup in the area of oncology is frequently of significant benefit to the patient. And if that early pickup is not or has not occurred for some reason, then again, that can make all the difference in the world, and again if damages are present, there’s no question that’s medical negligence. Right. I think what’s fair to say is there just are certain cancers that are very aggressive. I named esophageal, I named pancreatic, I named some colon cancers, some prostate cancers, although many prostate cancers are very slow-growing and not aggressive. 3:56 Early Detection is Key I also need to add central nervous system malignancies, brain tumors. Again early detection is the key, and really failure to diagnose is going to be a much more grave error when an individual has a more aggressive, less readily easily treatable cancer than if they have a less aggressive, more readily treatable cancer. So, clearly in the area of malignancy, failure to diagnose is extremely important with aggressive tumors. Well failure to diagnose, in other words, let’s just put it this way. A timely diagnosis, a diagnosis made early, is particularly important with very aggressive cancers. Obviously, although it’s not unimportant, it’s a little less important for cancers that are slow-growing or that tend to respond to treatment regardless of how advanced they are.