Blog

“How often are mental illnesses misdiagnosed?” is a common question we hear all the time. Watch the video below to learn more about the issues around misdiagnosing mental illness. Learn More: How Do You Prove Misdiagnosis? Failure to Diagnose Is Failure to Diagnose a Form of Medical Negligence? Video Transcript Timestamps 0:00 Intro 0:24 How Often Are Mental Illnesses Misdiagnosed? Diagnosis 0:54How Often Are Mental Illnesses Misdiagnosed? Mental Illnesses 1:53 Good Treatment 2:20 Failure To Diagnose Clearly mental illness, it’s real torture for a lot of these patients and to the credit of our psychiatric and psychological professionals, they’re able to identify these illnesses. 0:24 How Often Are Mental Illnesses Misdiagnosed? Timely Diagnosis Generally, now timely and move on to the task of getting the best treatment you need to get on the best treatment so that hopefully then, no one including the patient is damaged through the failure to diagnose timely. The thing about mental illness in today’s world, and I think most psychiatrists would agree with me, is that we have probably the very best mental health pharmacopeia or drug collection that we’ve ever had to treat mental illness. 0:54 How Often Are Mental Illnesses Misdiagnosed? Mental Illnesses Everything from schizophrenia to depression to bipolar disorder to personality disorders etc. There are criteria that are established that psychologists and psychiatrists learn in depth. They’re generally contained in very well recognized publications. Psychologists and psychiatrists are trained to ask patients questions that allow them to differentiate one mental disorder from another. When they ask those questions, they take notes and they again put together the signs, the symptoms, again what the patient told them. The psychiatrist in that case then is able to look at the drugs he has available. They can then apply some personal experience as to what drugs they find work the best in their experience and then hopefully provide a drug that’s of benefit to the patient. 1:53 Misdiagnosing Mental Illness: Good Treatment You need to identify the problem early, you need to see them in follow-up as you prescribe drug therapy, you need to figure out what works and what doesn’t work, and do it as quickly as possible. 2:20 Failure To Diagnose If you have a patient who is diagnosed with one mental health entity and it’s an incorrect diagnosis, and that particular patient goes out, and due to a mental health problem either hurts themselves or hurts someone else, there’s significant liability that may attach both for the doctor and perhaps even to a victim who may be harmed by this patient who’s suffering from mental illness.

Timely diagnosis is important because when an illness is not diagnosed in a timely manner, the ability to effectively treat it diminishes over time. Watch the video below as Bill Hinnant explains what failure to diagnose is and the lasting effects of not diagnosing an illness in time and the negligence that ensues. Damages can be physical and financial. But medical expenses that may accrue following when the diagnosis should have been made, may be recoverable. What potentially helps a plaintiff is the subrogation charges to be reimbursed. This is not necessarily repaid to the health insurance and can put more of that money going into the patient/plaintiff’s pocket, or the estate pocket in the case of a concluded death. The realization is that illnesses need to be diagnosed in a more timely manner to prevent negligence, particularly those that can be life-threatening, such as cancer, heart disease, and brain tumors. The failure to pick up through these types of illnesses is negligence and can be the difference between a minor inconvenience and perhaps serious consequences, including death. Video Transcript Thank you, I appreciate the question. I think failure to diagnose may be better termed or expanded to say failure to timely diagnose because if the disease entity was not diagnosed at some point, of course, we would not know that there might have been negligence in that diagnosis being made. Timely Diagnosis – Timely diagnosis is important So timely diagnosis is important because when an illness is diagnosed, and it’s not diagnosed timely, the ability to effectively treat it diminishes over time. I recently had a case of an orthopedic surgeon who actually was seen for some heart symptoms, and had a history of heart disease, and underwent some imaging studies that were appropriately ordered. But the echocardiographer who did the initial study made a finding of some real problems at the level of the aortic root, and other studies were recommended to get further information related to that problem. The treating physicians who were actually managing the patient, in this case, an orthopedic surgeon, failed to really heed his recommendations to look at these other studies. Undetection – Untimely diagnosis can create more serious problems Well in short, because those other studies were not done, an aortic root abscess, which was the result of an infected pacemaker wire, was not picked up for approximately three months after it was present and doing considerable harm to the patient. Symptoms – Symptoms that can link to undiagnosed illnesses It included, as you can imagine, notable symptoms: fever, chill, abnormal laboratory values, etc. And just to let you know, an aortic root abscess is more or less a surgical emergency. And the surgery that has to be done to treat that problem is pretty extensive. It’s not something just anyone can do. Well, the long and short of it is by the time the diagnosis was made, this orthopedic surgeon had a significant problem. In other words, the size of this abscess had enlarged considerably. And as a result, he had to undergo a very complicated, very difficult procedure. He did survive the procedure. But within two days following the surgery, he unfortunately died. A timely diagnosis can save a life Of course, the position there would be that had he been diagnosed timely, he likely could have been treated effectively and cured. But because of the failure to make the diagnosis in a timely fashion, this gentleman, unfortunately, had a problem that was a bad problem. But because it was not timely recognized and timely treated, what could have just been an inconvenience or a more minor less complications surgical procedure, became much more complicated. And as a result, this gentleman, unfortunately, lost his life. Your Recoverable Losses And the damages in the case of course, for someone who is an orthopedic surgeon, are pretty extensive. Particularly if they’re working and earning a living, those are damages that are recoverable. The medical expenses that may accrue following when the diagnosis should have been made, may be recoverable. And the good news is in certain cases, where there’s failure to diagnose, what actually has to be done does not really change, it just is done much later. And the way that that potentially helps a plaintiff is the subrogation charges that need to be reimbursed to whoever, perhaps had the patient’s health insurance, don’t necessarily have to be repaid, which of course puts any amount in recovery in dollars. It puts more of that money going into the patient/plaintiff’s pocket, or his estate’s pocket in the case of a death when that case is concluded. Early Detection is key So again I think all of us realize that the need to pick up illnesses in a timely way potentially particularly things that are life-threatening, like cancer, heart disease, brain tumors, these types of things that again are potentially life-threatening. Everyone knows and hears repeatedly that early detection is the key, and that’s the truth. So again, the failure to pick up things timely can be the difference between a minor inconvenience and perhaps serious consequences including death. Learn More: Medication Error Delayed Diagnosis Failure to Treat

Like any situation where you are attending an appointment or a treatment with a physician, the potential for injuries is there with a plastic surgeon as well. Injuries sustained as a result of a doctor’s negligence may form the basis of a medical malpractice claim. When you enter a doctor’s office and evaluate this individual to perform surgery or any kind of treatment for you, you trust that this individual is committed to the best possible outcome. There are many different situations that can lead to a breakdown in communication or expertise ultimately causing the patient to suffer severe injuries. Unfortunately, in plastic-surgery situations involving medical malpractice, the patient may not realize the full extent of his or her injuries until several days or weeks after the surgery has already happened. Since many individuals pursue cosmetic surgery in areas where errors and mistakes can be very obvious to others, the emotional trauma and addition to the physical pain associated with a plastic surgery injury can be extremely difficult and traumatic. If you suspect that he may have been the victim of a plastic surgery injury, you need to consult with the medical malpractice attorney immediately. This is true for any situation and what you believe you have sustained injuries at the hands of a doctor or another medical professional. New Study Pinpoints Common Causes of Plastic Surgery Claims A new research study conducted by the Doctors’ Company calls attention to physicians and patients about the most common factors that lead to injuries today. Claims were evaluated between January 2007 and June 2015. The research study combines expert analysis and accusations made by patients in order to learn more about the factors that contribute to injuries. More than half of the patient’s accusations were associated with improper performance of surgery. This is especially important in considering those patients undergoing surgery. More than 78,000 member accusations were analyzed by the Doctor’s Company, a medical malpractice insurance company. Thousands of plastic surgeries are performed across the country every single year. That’s a 2% surge in these kinds of treatments since 2014. There could be injuries with plastic surgery if a doctor is not properly trained or paying attention while in the operating room. It is important to be very clear about the documents you’re signing when visiting with the plastic surgeon as well as speaking with an experienced medical malpractice attorney after an injury occurs. You may be entitled to recover compensation for your injuries if a doctor’s negligence or recklessness was involved and this led to injuries on your part. Consulting with a lawyer immediately is strongly recommended as you have a limited time-frame to file a medical malpractice claim in Maryland. Identifying an attorney who can help you with this situation may be essential for allowing you to move on. Most Common Indicators of Cosmetic Surgery Malpractice There are many different indicators of plastic surgery malpractice and these include; An operation conducted on the wrong part of the body Failing to take an accurate patient history Using a nurse anesthetist instead of an experienced anesthesiologist to cut costs Non-plastic surgeons completing cosmetic surgery Completing lengthy procedures in private offices outside of hospitals without access to opportunities to deal with complications Showing Medical Malpractice in a Cosmetic Surgery Lawsuit In order to illustrate medical malpractice on the part of a plastic or cosmetic surgeon, the patient has the duty to illustrate that: The doctor had a responsibility to the patient The doctor breached that duty by failing to act or by behaving negligently The patient sustained an injury That injury was a result of the doctor’s breach Since mistakes in cosmetic surgery can lead to life complicating outcomes, injuries that can evolve from bad plastic surgery: Excessive bleeding Adverse anesthesia reactions Consult with An Expert Plastic Surgery Error Attorney Today If you have recently gone through a plastic surgery procedure where you may have sustained critical injuries as a result of a doctor’s negligent behavior, you need to consult with a Baltimore medical malpractice attorney immediately to protect your rights.

A false diagnosis is a type of diagnostic failure that can cause serious consequences. Watch the video below as Bill Hinnant explains why a failure to diagnose might occur and why it can be potentially deadly. A false diagnosis can happen when a doctor or radiologist does one of the following things: Misreads an imaging study Misreads a lab report Fails to order another test to confirm a diagnosis Fails to order a differential test to determine whether a condition is of one type or another A patient who receives a false diagnosis for a benign condition might suffer serious harm if he or she has a more serious condition. Serious harm can also result when a patient is falsely diagnosed with a serious condition and receives unnecessary treatment. What Doctors Must Do to Avoid Doctors must make sure that they obtain all possible information about a medical condition to make an appropriate diagnosis and effectively treat the patient. Imaging studies, lab tests, and electrophysiological studies are not infallible. While they are helpful tools, they have limits. Some are unclear, requiring doctors to follow up with additional tests. When an abnormality is identified, a doctor might need to order additional tests to correctly diagnose the condition. Accuracy is critical. When a doctor fails to properly diagnose a serious condition, the patient’s condition might significantly worsen. A misdiagnosed patient might suffer permanent disabilities or death because of not receiving the correct treatment. Consult An Experienced Medical Malpractice Attorney If you believe that you were falsely diagnosed and suffered serious harm because of your doctor’s medical negligence, you should consult a physician -attorney at LawMD. As both physicians and attorneys, we have decades of experience handling failure to diagnose and other medical negligence cases. Contact us today for a free consultation by calling (833) MY-LAWMD. Learn More: Delayed Diagnosis Is a Delay in Diagnosis Considered Failure to Diagnose? What Is Failure to Diagnose? Video Transcript Timestamps 0:46 Proper Diagnosis & Treatment 1:05 X-Rays & Lab Tests 2:29 Accuracy is Important It would be. And I think again, that’s why I mentioned in my first example, and again it’s a true story about the orthopedic surgeon. 0:46 Proper Diagnosis & Treatment You need to not only know exactly what’s wrong in the case of a medical illness of any kind. You need to delineate it and know everything about it that is possibly obtainable in order to Make the proper diagnosis, and then Effectively treat it 1:05 X-Rays & Lab Tests As our listeners probably realize, x-rays and lab tests, electrophysiological studies, whatever the case may be, these studies have limits. Some are better than others. Certain x-rays are like looking through a dirty window and others are pristine. You may get a grainy poor image or you may get almost a perfect image. But when you have an abnormality, you need to go potentially from one imaging technique to a different one to really know what the diagnosis is. You may need to follow up an abnormal lab test with a different lab test. You may need to take some study that’s been done, and follow it up with another study to be sure you know exactly what you’re treating. Because in many cases, entities that could be totally benign, and be confused with more serious entities. And of course, that’s ok when you have a benign entity. But on the other hand, when an illness is potentially serious, is misidentified as a benign entity, you could have a real problem that could lead to significant morbidity, disability, or mortality on behalf of that patient. And again, none of us, I think, wants to wish any untoward consequence on one of our fellow human beings. 2:29 Accuracy is Important So yes, it’s important to know exactly what you’re dealing with. These are cases where you can’t be generally right. You have to be on the money, every time, and know exactly what you’re dealing with. So the shortfalls in those cases may be the failure to get a particular lab test, the failure to get a particular x-ray. Years ago, I had a case involving differential diagnosis of two entities that are somewhat alike. One was multiple sclerosis, which many of you have heard of. And the other is a disease which many of you have not heard of called Devic’s disease, or neuromyelitis optica. Those two entities on the surface can look very much alike. But there is one laboratory test that distinguishes the two. And the reason that’s important is that the treatment for the two is much different. And you want to be sure that you know exactly what you’re dealing with upfront because a subtle difference may make the difference in a correct diagnosis versus an incorrect diagnosis. And likewise in the damages involved. That is whether the patient actually gets better or whether they continue to suffer adverse consequences, pain, suffering, whatever the case may be.

Can you sue a doctor for failure to diagnose? When a doctor’s actions result in a failure to diagnose that causes you harm, you can file a lawsuit against the doctor who committed medical malpractice. Others involved can also be named as defendants, including nurses, medical staff, and the doctor’s employer. Watch the video below as Bill Hinnant answers the question “can you sue a doctor for failure to diagnose?” Can you sue a doctor for failure to diagnose? In addition to the doctor, all other involved parties should be named in a malpractice lawsuit. Parties that should be named include the following: Nurses Radiologist Lab techs Hospital/medical facility Most doctors today are employees. If your doctor is employed by a medical facility or hospital, you should name his or her employer. Employers can be vicariously liable for the negligent actions of their employees through a legal principle called respondeat superior. Naming all potential defendants when you file a lawsuit can help to maximize your potential recovery. Determining liability with the help of an experienced attorney If you believe that your doctor was negligent, you will need to determine whether or not your claim has legal merit. You might need to retain an experienced medical malpractice attorney and a medical expert to review your medical records. You do not want to hire an inexperienced attorney to handle your potential claim. A lawyer who has extensive experience handling medical malpractice claims is more likely to secure a more favorable outcome. Mind the statute of limitations The statute of limitations serves as a deadline for filing your claim. If you wait too long and try to file a lawsuit after the limitations period, your case will be time-barred. You should contact an experienced medical malpractice lawyer as soon as you believe that medical negligence has occurred. You will need to get copies of your medical records. You can request them from the medical facility or hospital. Try to get copies of all relevant records, including the treatment records, diagnostic reports, lab reports, and doctors’ and nurses’ notes. Your lawyer will need to review these records to determine whether malpractice might have occurred. Learn more suing a doctor for failure to diagnose If you think you might have been the victim of a doctor’s negligent failure to diagnose, you should reach out to the physician attorneys at LawMD. We have decades of experience handling medical malpractice and failure to diagnose claims. Contact us today for a free consultation at 1-888-MYLAWMD. Learn More: Essential Steps for Suing a Hospital for Malpractice How to Get My Medical Records in Washington D.C. How To Get My Medical Records in Philadelphia, Pennsylvania? Video Transcript Timestamps 0:29 Physicians can be Employees 1:18 Employers Can Be Held Responsible 2:18 Look for an Experienced Lawyer 3:48 Steps to Identify You can. Generally, these cases are going to involve a physician or group of physicians. 0:29 Physicians can be Employees And then as many of you probably realize, more and more physicians in today’s world are actually employees. Years ago, it was exactly the opposite. Most physicians were working for themselves. So if a physician is arguably negligent in failing to diagnose some potential problem that leads to damages, generally the proper defendants, in that case, will be those physicians. There may be ancillary personnel involved, and then there may be an employer, a hospital, a health company that employs physicians and their ancillary helpers. And all of those individuals can be named. 1:18 Employers Can Be Held Responsible When you name these individuals, you generally name their employer as well under a doctrine called Respondeat Superior, wherein the employer is actually liable for the actions or inactions of its agents or employees. That comes in handy. It’s important really when you plead these cases, to name every potential defendant because again that opens up the number of potential sources for payment available to a successful plaintiff. So again I think it’s a place where having the medical knowledge, and probably most importantly, the experience in doing this type of work, ends up manifesting itself as a better outcome for the potential plaintiff. 2:18 Look for an Experienced Lawyer So again, I would encourage all of you considering bringing this type of lawsuit, if you feel like you’ve been a victim in one of these circumstances, to try to look for the most experienced and the most knowledgeable attorneys that you can. I think you’ll find that will translate into a better outcome in the long term and don’t be afraid to ask questions. Make sure you understand what the plan is for the litigation. Be sure you have a good working relationship with your attorney because you’re going to need to have that relationship. And most of all, be sure he or she knows all the facts they need to do their job and do it well. So again, yes you can sue the doctors, you can sue other health professionals who may have been involved in the treatment. You can name their employer, the health services entity, or hospital. And all of these where negligence possibly may accrue need to be named in the initial pleading, and that’s the best time to do so. It’s much easier to dismiss plaintiffs if you need, excuse me, defendants in the course of the lawsuit early as opposed to adding them later. Well, I think the first thing to do is try to identify whether there was a problem as early as possible. Many of our listeners may be aware there is an animal out there called a statute of limitations, wherein after if you wish to bring a lawsuit, you may not be able to. It may be time-barred. 3:48 Steps to Identify So I think the first step is to try to identify that negligence occurred as soon as possible. It may be through requesting the medical records and having them reviewed by a medical malpractice attorney, potentially with the help of an expert. You can, you know, more less look at the medicine involved, and be sure that there is a case there. So it is good to get those medical records to work in reviewing them with a qualified, experienced medical malpractice attorney who may/may not require the assistance of an expert who is well versed in that area of medicine or healthcare. And then again to move quickly, because again, time is a factor and it can play a real difference in whether you’re successful in the long run, or whether you may not be.

In this election year, more so than in previous ones, people talk about moving to Canada if their preferred candidate doesn’t win the White House. But for parents-to-be, there may be another reason to consider moving north of the border that has nothing to do with politics: it’s a lot safer for mothers to have a baby in Canada. That is the conclusion contained in a global survey of maternal mortality published in late 2015 by the United Nations and the World Bank. The survey found that the maternal mortality rate is twice as high in the United States as it is in Canada. In the U.S., there are an estimated 14 maternal deaths per 100,000 live births versus 7 deaths per 100,000 births in Canada. Sadly, the U.S. maternal death rate has actually increased over the past 15 years, making it one of only 13 countries (along with nations such as North Korea, Zimbabwe, and Venezuela) to see a rise in the number of mothers who pass away during childbirth. The Canadian maternal death rate remained unchanged during that same period. The study also included these significant conclusions: Every day, approximately 830 women die from preventable causes related to pregnancy and childbirth. 99% of all maternal deaths occur in developing countries. Maternal mortality is higher in women living in rural areas and among poorer communities. Young adolescents face a higher risk of complications and death as a result of pregnancy than other women. Skilled care before, during and after childbirth can save the lives of women and newborn babies. The injury or a death of a mother during childbirth is always heartbreaking, but it is even more so if doctors and other healthcare professionals caused or could have prevented such a result had they done their jobs properly. The Washington, D.C. birth injury attorneys at LawMD use our decades of birth injury experience and a passion for justice to fight for compensation on behalf of families dealing with the aftermath of a mother’s injury or death during childbirth. We are committed to getting justice and compensation for families living in the aftermath of injuries or the death of a mother caused by medical malpractice. We have a long track record of success obtaining damages for victims, and several of our attorneys are also medical doctors who can evaluate whether your doctor was negligent. This can get you answers quickly and save you the months and expenses normally associated with expert review of your case. Talk to An Expert Washington, D.C. Birth Injury Lawyer Today For experienced and aggressive legal representation in the Maryland, Virginia, or Washington, D.C. areas, please give our Washington, DC birth injury lawyers a call at (833) 695-2963 to set up your free consultation or contact us online. We look forward to assisting you.

Watch our video to learn more about medication errors that can occur when writing and prescribing orders. Learn More: How Do Medication Errors Arise? Examples Of Medication Errors Who Should You Call When Prescription Medications Cause Issues? Issues That Can Arise With Prescription Medications Video Transcript Timestamps 0:00 Intro 0:24Medication Errors While Prescribing and Writing Orders: Errors Made During Prescription Writing 1:07 Medication Errors While Prescribing and Writing Orders: Informational Videos So we’ve outlined the medication prescription process for you. Let’s dig into the details of the process, starting with the actual order or the writing of the prescription. What could go wrong? 0:24 Medication Errors While Prescribing and Writing Orders: Errors Made During Prescription Writing The professional who’s writing the order could write a prescription for the wrong medication. They could write a prescription for the wrong dose of the medication. They could ultimately write a prescription that indicates an inappropriate route by which the medication would be administered, instead of an injectable medication, the prescription was written for oral medication or vice versa. Those are just some of the examples of what can occur or what might be a problem at the stage of actually ordering or writing the prescription. 1:07Medication Errors While Prescribing and Writing Orders: Informational Videos Again, if you want to know a little bit more about these stages of the prescription process, we invite you to continue watching these short videos that take you through the medication process, and what some of the challenges and problems can be. At some point, just about everyone will need to take some type of prescription medication. We rely on doctors to prescribe the correct medication, and we depend on pharmacists to fill our prescriptions correctly. Tragically, mistakes happen, resulting in about 7,000 patient deaths every year. Hundreds of thousands more are seriously injured. If you have been injured due to a medication error, you have important rights. At LawMD, many of our lawyers are also physicians who can use their medical insight to evaluate the full extent of your injuries. Our legal team is completely committed to helping individuals and families get the compensation they deserve. Drug mistakes are almost always preventable. Don’t let someone else’s negligence saddle you with physical, financial, and emotional burdens. Help is available. Medication errors happen for a number of reasons and in a variety of settings, including but not limited to: Doctors’ offices: Doctors get busy, and they are more prone to mistakes when they are overworked and understaffed. Medication errors can also happen when doctors fail to check for drug interactions and contraindications. Hospitals: Drug errors often occur in hospitals, where health care workers work long hours and are often required to care for a large number of patients. Pharmacies: Pharmacists are also responsible for a large number of drug errors. In the world of pharmaceuticals, even a single misplaced decimal point can mean the difference between life and death. Nursing homes: Drug errors are a leading cause of nursing home deaths and morbidity. Sadly, many nursing homes and assisted living facilities are staffed by workers who lack the skill and experience to deliver adequate patient care. Because the elderly are often required to take prescription medications to manage chronic health problems, medication mistakes are rampant in nursing homes and other facilities. It is absolutely critical that pharmacists and pharmacy technicians check and double-check prescriptions before patients take them home. It’s also important for doctors and nurses to clearly communicate with patients for prescribing or dispensing medication. Unfortunately, this doesn’t always happen. Medication mistakes include: Failing to check for drug interactions Prescribing or dispensing the wrong medication Prescribing or dispensing the wrong dosage of medication Giving a patient another patient’s medication Failing to gather a patient’s medical history or family medical history Whether a patient is harmed by a doctor’s medication mistake or an error by the pharmacist, proving medical malpractice is frequently a challenge. It’s important for patients to work with an experienced medical malpractice team to ensure they maximize their chances of obtaining full and fair compensation for their injuries. Medical malpractice claims are governed by a strict statute of limitations. If you have been harmed by a medication mistake, you have a short amount of time in which to file a claim. If you miss this narrow window of opportunity, you could forever miss your chance to receive compensation for your injuries. Although taking on a doctor, hospital, or nursing home can seem daunting, speaking up for yourself could also mean giving a voice to others who have been harmed due to medication errors. Tragically, some medication mistakes happen because of bad policies in doctors’ offices and hospitals. In many cases, it takes just a single patient to stand up and bring attention to bad practices. Your case could be the one necessary to bring about an important change that saves lives and prevents others from experiencing life-threatening injuries. Drug mix-ups and medication mistakes have become more common in recent years. As the baby boomer generation nears retirement age, a growing number of people are turning to pharmaceuticals to treat medical conditions, extend their lifespan, and improve their quality of life. Unfortunately, this has led to an increase in medication errors. If you or a loved one has been injured due to a doctor or pharmacist’s medication-related negligence, don’t wait to seek help. Most of our physician-attorneys are either current or past treating doctors in, collectively, a wide range of medical specialties. There is a good chance one or more of our physician attorneys have actually treated medical conditions similar to the ones from which you or your loved one now suffers. That translates into care and understanding as your Counselors, and know-how as your Advocates. Any honest medical malpractice attorney will tell you that one of the greatest expenses in a medical malpractice case is having to pay physician experts to study the details of the medical issues in your case and, if necessary, provide testimony at deposition and trial. While even our physician attorneys may also need to hire outside medical experts for your case, our medical know-how allows us to perform a significant amount of the medical analysis necessary for your case in-house which may translate into significant savings at the conclusion of your case. Because we have in-house medical know-how, we can evaluate the medical questions in your case and provide answers without a lengthy wait. Our internal process involves getting the issues in your case quickly in front of the right physician attorney who, based on his or her medical experience and training, is most likely to have the answers you seek about whether you have a case and how we might help you get the compensation you deserve to help secure a brighter future for you and for your loved ones.

Before joining our team at LawMD, Dr. Mitchell Nudelman spent over 10 years working for CIGNA’s wholly-owned medical review company, IntraCorp. While he was there, he realized the company was making false claims in California, Delaware, Florida, Nevada, and Tennessee. IntraCorp did not perform correctly under its contracts and fraudulently represented its manner of performing utilization review (UR) services. As a result of these cost-mitigating practices, the company profited by hundreds of millions of dollars while an uncounted number of health plan members and their children were injured by interrupted care. Rather than stand by, Dr. Nudelman put his job at risk and spoke out against his employer. He was formally dismissed while he continued to pursue a qui tam action against his employer as a federal whistleblower. What Are Utilization Review Services? Also referred to as UR services or utilization management, utilization review is the process in which a health insurance company reviews your request for medical treatment. Essentially, UR allows your insurer to decide whether or not they will cover your medical care. Because UR is an intrusion into the traditional doctor-patient relationship, fraudulent activity in this process can directly affect the care a patient receives. For example, imagine you have appendicitis. Your doctor recommends you have your appendix removed in a routine surgery and you submit the request to your insurance provider. Your insurer then submits your request to a medical review company that considers it under utilization review. If this company decides your surgery is nonessential, your insurance company will not only refuse to cover it but also share a professional medical opinion that the procedure is unnecessary. As a result, you might forgo the procedure altogether. Without the surgery, your appendix could burst, causing you to face countless health complications, and you would have a difficult time pursuing justice against your powerful insurance company, who will almost certainly try to confuse you by implicating your physician, the medical review company, and even your decision to not have the surgery. By speaking out against CIGNA and IntraCorp for similar practices, Dr. Nudelman sacrificed his livelihood and saved future patients from the fate outlined above. What Is a Whistleblower? A whistleblower, in their simplest sense, is someone who reports large-scale wrongdoings to an individual organization who can rectify the wrongdoing.  After Dr. Nudelman reported the UR fraud to his employer, he was fired, so he took the next step and reported the problem to the federal government under the False Claims Act. The qui tam doctrine offers federal protections and rewards to whistleblowers who adhere to the proper procedures and help the government achieve legal remedies, but that’s not why Dr. Nudelman spoke up. When asked about his status as a whistleblower, Dr. Nudelman stated: “ While I did not become a millionaire or recover near what we should have, I did surely manage to save a good number of lives and injuries to patients who were being subjected to fraudulent UR activities.” Continuing His Work By pursuing justice on behalf of patients injured by medical malpractice, Dr. Mitchell Nudelman is continuing his important work at LawMD. Receiving medical care requires a great deal of trust, and all providers have a duty to keep you safe from harm whenever possible. If you’ve been injured by the negligence of a health care professional, Dr. Nudelman and the rest of our experienced attorneys can help. In addition to being award-winning legal professionals, the majority of our team has worked as medical doctors. We understand what you are facing and how to help you recover. Call us at (833) 695-2963, schedule a free consultation, and begin building your case today!

Can a physician use a medical device in a way that’s not been approved by the FDA? Watch the video below to learn the answer to this question and to learn more about the off-label use of medical devices. Learn More: What Is The Difference Between Medical Malpractice And Medical Negligence? What Are The Odds Of Winning A Medical Malpractice Suit? Do I Have A Medical Malpractice Case? – What Is The Attorney “Taking On?” Video Transcript Timestamps 0:00 Intro 0:20 “Off Label Use” Of Medical Devices 0:56 Liability For Damages Can a physician use a medical device in a way that has not been approved by the FDA or the government? 0:20 Can A Physician Use A Medical Device In A Way That’s Not Been Approved By The FDA? Off Label Use” Of Medical Devices And the answer is an emphatic yes, that doctor can do that. It’s done not only in the United States, it’s done in other countries. Oftentimes, that approval process is slower than the practical process of what frontline physicians are seeing, and so it is a judgment call done by the doctor. The physicians would do this at their peril. 0:56  For Damages I mean, if they are so far in front of the standard of care or what it is that reasonable doctors are doing, and they put themselves out there on a limb and that limb breaks, more specifically, they create damages and injury to patients using a device in an unapproved way, then they open themselves up to liability. They open themselves up personally to being sued. So yes, people do it all the time, physicians do it all the time, and again, medicine is not like putting a quarter in a newspaper, you get the same newspaper out. It’s a dynamic process and it’s just not simple. Every patient is different. Every physician is different. Their skillset and talent are different. But just know this, in terms of proving that a medical device has entered somebody and that you should be given some accountability, that is done really on a case-by-case basis. LawMD aggressively pursues claims on behalf of those who have been hurt by defective medical devices. Our defective medical device lawyers have a long track record of successfully helping those who have suffered because of defective medical devices. We have achieved substantial verdicts and settlements that have held manufacturers accountable for their negligence and brought our clients much-needed financial recovery. Our defective medical device attorney is dedicated to providing the highest level of legal representation to every client we have the privilege to represent. We constantly stay up-to-date on new developments in law and medicine and use our decades of combined experience to get our clients results, both in the courtroom and at the negotiating table. Many of our defective medical device attorneys are also licensed physicians. Their extensive medical education and training allow them to promptly evaluate potential claims without the delay or expense involved in retaining outside experts to do so. This combination of skill and experience assists our attorneys in these legally and medically complex cases.

“Can you sue for faulty medical equipment?” is a common question we get. Watch the video below to learn more about what you can do for defective medical devices. Learn More: What Are Medical Devices In Defective Medical Device Cases? Can You Sue a Doctor for Failure to Diagnose? Do I Have A Medical Malpractice Case? – What Is The Attorney “Taking On?” Video Transcript Oftentimes, people wonder “can you sue for faulty medical equipment associated with defective medical devices, and the answer is an emphatic yes. There are many laws on the books, federal laws, state laws, that make it very difficult to hold manufacturers of devices responsible for defective products. I’ll just say this, the tea leaves have got to read just right in order for that situation to result in a lawsuit that you can take to the jury. But that’s why you have lawyers. It’s our job to look through and pick through the facts, patterns, and details to be able to tell you whether or not your particular circumstance is one where you can get accountability and recovery. Can You Sue For Faulty Medical Equipment? Record of Success for Those Harmed by Defective Medical Devices LawMD aggressively pursues claims on behalf of those who have been hurt by defective medical devices. Our defective medical device lawyers have a long track record of successfully helping those who have suffered because of defective medical devices. We have achieved substantial verdicts and settlements that have held manufacturers accountable for their negligence and brought our clients much-needed financial recovery. Our defective medical device attorney is dedicated to providing the highest level of legal representation to every client we have the privilege to represent. We constantly stay up-to-date on new developments in law and medicine and use our decades of combined experience to get our clients results, both in the courtroom and at the negotiating table. Many of our defective medical device attorneys are also licensed physicians. Their extensive medical education and training allow them to promptly evaluate potential claims without the delay or expense involved in retaining outside experts to do so. This combination of skill and experience assists our attorneys in these legally and medically complex cases. LawMD investigates claims of injuries and death related to all medical implants and devices, regardless of whether or not they have been the subject of publicized complaints or recalls. Currently, we are evaluating and pursuing claims on behalf of those who have suffered because of complications caused by a wide range of devices, including: NuvaRing Pinnacle hip implants Metal-on-metal hip replacements Stryker hip replacements Wright Medical hip replacements Transvaginal mesh IVC filters Essure birth control Bair Hugger blankets Power morcellators Having a medical device implanted can be a scary and invasive experience. When problems arise with your medical device, the physical, psychological, and economic toll—often including additional hospitalizations, corrective surgeries, and debilitating pain—can be devastating. At LawMD, we work tirelessly to get our clients the resources they need to recover and the justice they deserve from companies whose negligence has caused so much harm. We will take the time to get to know you and get a full understanding of your situation, needs, and concerns. We’ll help you understand your options and counsel you regarding the next steps and the best course of action. We will be by your side every step of the way. Most of our physician-attorneys are either current or past treating doctors in, collectively, a wide range of medical specialties. There is a good chance one or more of our physician attorneys have actually treated medical conditions similar to the ones from which you or your loved one now suffers. That translates into care and understanding as your Counselors, and know-how as your Advocates. Any honest medical malpractice attorney will tell you that one of the greatest expenses in a medical malpractice case is having to pay physician experts to study the details of the medical issues in your case and, if necessary, provide testimony at deposition and trial. While even our physician attorneys may also need to hire outside medical experts for your case, our medical know-how allows us to perform a significant amount of the medical analysis necessary for your case in-house which may translate into significant savings at the conclusion of your case. Because we have in-house medical know-how, we can evaluate the medical questions in your case and provide answers without a lengthy wait. Our internal process involves getting the issues in your case quickly in front of the right physician attorney who, based on his or her medical experience and training, is most likely to have the answers you seek about whether you have a case and how we might help you get the compensation you deserve to help secure a brighter future for you and for your loved ones. If you or your loved one has been permanently or seriously injured due to a defective medical device please contact the Medical-Legal team at LawMD. More than 10 of our lawyers are also physicians. For serious injuries, LawMD is the right medicine for justice.

“What are medical devices in medical device defective cases?” is a question we often get. Watch the video below to learn more about prosthetic knees, prosthetic valves, and similar medical malpractice suit cases. Learn More: First Steps in a Medical Malpractice Case What Is Failure to Diagnose? Defective Medical Device Video Transcript Timestamps 0:00 Intro 0:15 What Are Medical Devices? 0:58 Determining A Medical Device Malpractice Suit 1:41 Medical Device Recalls 2:25 Outlets For Medical Device Recalls What are medical devices in defective medical device cases? 0:15 What Are Medical Devices? Medical devices are man-made instruments and or mechanical devices that are used primarily to enhance people’s health care. There are a number of different types of medical devices. There are prosthetic valves, prosthetic knees, pacemakers, shunts that go into people’s heads when they may have too much fluid on the brain.  There are a number of different medical devices that are in the stream of commerce. 0:58 What Are Medical Devices In Medical Device Defective Cases? Determining A Medical Device Malpractice Suit A medical device malpractice lawsuit really just focuses on one or two things.  Was the product introduced into the stream of commerce with defects that were known to the manufacturer or should have been known to the manufacturer? Did the manufacturer, even though they knew that there may have been a problem or possibly could have been a problem go ahead and push these devices into the stream of commerce. Nevertheless, was it a situation where the zeal for profit essentially took priority over protecting the patient’s health. That’s what you look for as an attorney when deciding to take a case for a defective medical device. 1:41 What Are Medical Devices In Medical Device Defective Cases? Medical Device Recalls The reality is that for the public, you will hear a whole lot of noise about the devices that are defective. You’ll hear it online, you’ll see it online, you’ll hear it in the news, you hear it on the radio, you’ll read it in the newspaper. Once these recalls are made, and when I say recalls, once it’s clear that there’s a problem and the government pulls back and says, hey we have to take these things out of the stream of commerce, then obviously lawyers do look at it and we look to see whether or not it is a situation where these manufacturers should have had these instruments off of the market, not being sold to people sooner. Was it a situation where they shouldn’t have been on the stream of the market or in the stream of the market in the first place? 2:25 What Are Medical Devices In Medical Device Defective Cases? Outlets For Medical Device Recalls The way that people actually find out whether or not they may be victims, I’ll just be candid, just pay attention, listen to the news, read the newspaper, things of that sort. Obviously, if anybody who’s watching this feels like they may be a victim of a product that’s defective, reach out to LawMD, and we’ll let you know specifically whether or not this is something you may want to look into. Currently, we are evaluating and pursuing claims on behalf of those who have suffered because of complications caused by a wide range of devices, including  but not limited to: NuvaRing Pinnacle hip implants Metal-on-metal hip replacements Stryker hip replacements Wright Medical hip replacements Transvaginal mesh IVC filters Essure birth control Bair Hugger blankets Power morcellators Baby Formula Claims Having a medical device implanted can be a scary and invasive experience. When problems arise with your medical device, the physical, psychological and economic toll—often including additional hospitalizations, corrective surgeries, and debilitating pain—can be devastating. At LawMD, we work tirelessly to get our clients the resources they need to recover and the justice they deserve from companies whose negligence has caused so much harm. We will take the time to get to know you and get a full understanding of your situation, needs, and concerns. We’ll help you understand your options and counsel you regarding next steps and the best course of action. We will be by your side every step of the way.

If you have recently been through a medical experience in which a provider misdiagnosed you, failed to diagnose or if you left the treatment with an outcome separate than what you might have expected, you may be entitled to file a medical malpractice claim. However, not every bad outcome in a medical treatment scenario necessarily leads to a situation in which you are entitled to file a medical malpractice claim. As a patient, it is important to be an advocate for your own rights and to consult with an attorney just to be sure. But you can read on to learn more from this blog about whether or not you may be entitled to file a medical malpractice claim. When Medical Malpractice Applies In the event that a doctor behaved negligently or treated you differently than another physician in a similar position would have done, you may be entitled to recover compensation via a medical malpractice lawsuit. You may even be eligible to recover these damages in negotiations and settlement conferences so that you can focus on recovery and moving on with your life. A medical malpractice claim can only exist in a situation where a doctor or other healthcare provider’s negligence caused injury or damages for the patient. A bad outcome, however, is not always proof of medical negligence. There are also situations in which a healthcare provider might notify a patient that he or she has received negligent care from a prior healthcare provider and may also tell a patient that they themselves have made mistakes in their care as well. A major motivating factor in this situation is that an honest and quick apology could help to prevent a future claim or lay the groundwork for settlement without the need for litigation. However, if you believe that you have been a victim of medical malpractice, you need to have your case evaluated by a legal professional as soon as possible to be sure of your rights. Accepting an apology from the doctor and promising not to move forward with a legal claim could compromise your ability to recover in the future. Also, you should never agree to anything until you’ve had the opportunity to speak with your medical malpractice attorney. The initial settlement offered by the other side may just be an attempt to resolve things as quickly as possible without fully taking into account all of the issues you may face down the road. Bear in mind that the medical costs and pain suffering associated with your claim right now might not tell the story for the rest of your life. You may continue to experience pain and have to go through invasive treatments in the future in order to rectify the situation that the doctor caused today. If you can illustrate for the court that you have sustained critical injuries at the hand of a medical professional who had a duty of care to do otherwise, you may be eligible to recover compensation. Medical malpractice cases can be extremely complex and costly to litigate which is why the other side may offer up a settlement sooner rather than later. As is mentioned above, however, you should never agree to the settlement until you’ve had a comprehensive talk with your medical malpractice lawyer about whether or not this is in your best interests. Accepting a settlement might seem tempting at the moment but you need to fully evaluate your injuries and determine how well this settlement offer will actually continue to support you for many years to come. Signing that you accept a settlement offer may close you off from receiving any benefits associated with this claim in the future. Most settlement agreements contain a language that you would be barred from ever pursuing another legal claim against this provider for this issue. This is why it is so critical to hire the right medical malpractice attorney to help you evaluate any settlement offers to determine whether or not they are fair. Get Help from Washington DC Medical Malpractice Attorney Today Consulting with an attorney is strongly recommended as soon as possible after you believe you have suffered an event of medical malpractice. Only a lawyer can advise you about your rights and tell you whether or not it makes sense to move forward with a medical malpractice claim.