Car Accident Lawyer | Jim Dodson Law

Undiagnosed Prostate Cancer – Medical Malpractice

Richard — Wed, 02 Nov 2022 13:12:19 +0000

Prostate cancer is one of the most common forms of cancer found in men. According to the American Cancer Society there were 192,280 cases in 2009. Each year approximately 29,000 men die from prostate cancer. It’s right behind lung cancer for the leading cause of death in men. One out of every six men will get prostate cancer in his lifetime.

So with prostate cancer being so common, how can this cancer go undiagnosed? In the early stages of prostate cancer, the symptoms can be hard to detect. They can be very mild, even non-existent. Here are four symptoms that are common in prostate cancer.

- Blood in urine or semen
- Difficulty urinating
- Pain or discomfort in pelvic area
- Swelling in legs

It’s imperative that physicians recommend routine screenings to their patients. Prostate cancer can frequently be detected early by testing the amount of prostate-specific antigen (PSA) in the blood. A second test to indicate prostate cancer is the digital rectal exam (DRE), in which your physician puts a gloved finger into the rectum to feel the prostate gland. Neither the PSA test nor the DRE is 100% accurate. Despite the fact these tests are not flawless, they cannot be ignored. If prostate cancer develops to Stage 3 or Stage 4, it’s in a much more advanced form and the prognosis can be much different than if caught early.

Every physician must meet the minimum accepted standard of care in his or her practice. If a physician fails to order basic screening devices used to detect prostate cancer and it is shown those tests are required to meet the standard of care, grounds could exist to bring a medical negligence claim, if the patient did indeed, have prostate cancer which should have been detected earlier. The same could hold true if a patient had the screening tests done, but the results were misread causing the cancer to advance in seriousness.

A medical malpractice attorney will use expert testimony in order to define the expected level of professional care. It’s important to realize there are strict time limits within which any malpractice claim must be brought. Although most claims must be brought within a period of two years, the Florida Medical Malpractice Act contains circumstances under which the time may be extended.

Please keep in mind, in order to have a solid medical malpractice claim your doctor must have been negligent in performing their services or diagnosis. Not every case will qualify as medical malpractice.

If you believe you may have a medical malpractice claim, you should contact an experienced lawyer promptly, in order to comply with Florida’s pre-suit investigation requirements, and the time limits imposed on bringing a medical malpractice claim.

We are happy to schedule your free consultation with an attorney who will evaluate your claim and give you straight forward advice. Even if we are unable to take on your case, we always do our best to suggest other attorneys who can assist you.

The post Undiagnosed Prostate Cancer – Medical Malpractice first appeared on Car Accident Lawyer | Jim Dodson Law.

Surgical Errors That Lead to Medical Malpractice Claims

Richard — Wed, 02 Nov 2022 13:12:19 +0000

Local news channels don’t report on surgical errors in the context of Florida medical malpractice stories unless they end up as fatalities. Since the surgical error happens at the hospital, and the patient needs to go back to the hospital to have it remedied, there doesn’t seem much cause to enlist a medical malpractice attorney.

But surgical errors, or “safety events” as they are called by the medical industry, happen much more often than admitted and these turn into Florida medical malpractice claims.

Florida medical malpractice covers any instance when a health care provider neglects or omits doing something that would be considered an accepted standard of practice in the medical community, and that injures or kills a patient.

According to a survey conducted by the Institute of Medicine (IOM), 45,000 to 98,000 people suffer surgical errors every year. These can be filed as Florida medical malpractice claims.

Examples of Common Surgical Errors

Unfortunately, there are many ways a doctor can mishandle a surgery.

A medical malpractice claim can include surgical errors such as:

operating on the wrong body part;
cutting or severing a nerve;
causing internal bleeding;
leaving disfiguring scars;
leaving foreign objects in your body;
transfusing blood or organs from an improper donor;
failure to timely diagnose infection; and
not properly monitoring their patients before, during or after surgery.

These are just the basic types of surgical errors, there are subdivisions within each, as well. For example, when a surgeon operates on the wrong body part they could do something as small as incise the wrong finger or could go as far as removing the wrong breast in a mastectomy when operating for breast cancer.

What Happens After You Suffer a Surgical Error?

Surgical errors can unfortunately cause serious if not permanent injuries.

Some of the outcomes of medical malpractice include:

internal bleeding;
respiratory instability;
cardiac instability;
clot formation; and
emboli formation.

You are probably feeling angry and disillusioned with the medical industry after being injured by the very people who were supposed to heal you. Besides the physical ramifications, the monetary consequences can also be traumatic. The cost of just one hospital stay is very high and expensive return visits to remedy injuries you didn’t have to begin with is simply unacceptable.

Statutes of limitations for these types of cases can be short so confer with an experienced medical malpractice attorney soon.

How to Avoid Future Surgical Errors

Surgical errors are often linked to overworked health care providers and an overtaxed health care system.

Common causes of medical malpractice claims are:

tired physicians;
inexperienced doctors;
miscommunication between departments; and
malfunctioning equipment.

None of these reasons are your fault or your responsibility. After your medical malpractice attorney finishes with your claim, you will still need to use health insurance. More and more health care providers are comparing the rate of Florida medical malpractice claims between hospitals and care centers in order to offer you the safest and most cost-effective insurance.

You can do some research to see if your health insurance provider allows you to select your own provider without referrals and if so, you can investigate which one has the lowest number of “safety events.”

If you or a loved one have experienced any of the above surgical errors, contact us online or call us directly at 888-207-0905. We are happy to schedule your free consultation with an attorney who will evaluate your claim and give you straight forward advice. Depending on the circumstances of your claim, we may co-counsel your case with another medical malpractice attorney.

It’s important to keep in mind, in order to have a solid medical malpractice claim your doctor or surgeon must have been negligent in performing their services or diagnosis. Not every case will qualify as medical malpractice.

The post Surgical Errors That Lead to Medical Malpractice Claims first appeared on Car Accident Lawyer | Jim Dodson Law.

My Dermatologist Failed To Diagnose My Melanoma

Richard — Wed, 02 Nov 2022 13:12:19 +0000

Melanoma is a relatively rare but potentially fatal skin cancer. While skin cancers account for the vast majority of all cancers, melanoma makes up only about 2% of all skin cancers. The American Cancer Society estimates that in 2014 there will be approximately 76,000 melanoma cancers diagnosed of which about 10,000 will be fatal.

Overall someone has about a 2% chance of being diagnosed with melanoma. Although the chances of melanoma increases with age, the average age of diagnosis is 61, it is not uncommon for someone to have the disease in their 30s. All too often once the cancer spreads from the initial site and effects lymph nodes, the brain, the lungs or other organs, it is fatal. Early detection and treatment is essential.

The American Cancer Society suggests that all of us should check our bodies thoroughly each month for unusual changes in moles, freckles, spots and other skin abnormalities. Anything that looks unusual or suspicious should be examined by a dermatologist. During the process of examination by dermatologist it is common for them to remove a sample of the suspicious spot to be examined under a microscope by a pathologist. This process is not without the opportunity for a medical mistake to be made. First the dermatologist must make a decision as to how likely they feel the spot is for being potentially melanoma. This may affect the type of sample they remove to be examined under a microscope. A mistake by the dermatologist in making that decision can result in an inadequate sample being taken and no diagnosis made and the biopsy being reported as being normal.

Another problem may occur if the dermatologist does not remove enough tissue for an accurate diagnosis under the microscope by the pathologist. A pathologist is only able to report on what is seen on the tissue sample submitted to them for review. It is critical the sample taken be of the right size, depth, and area from the suspicious spot or lesion. The failure of the dermatologist to correctly remove the tissue for submission to the pathologist may be the basis for a medical malpractice claim.

Another area of concern is the type of pathologist who examines the tissue sample submitted. Many dermatologist and other primary care physicians submit their tissue samples for microscopic examination to a pathology lab. They rely on the accuracy of that lab and on the individual pathologist. But there are two types of pathologists. A general pathologist reviews samples taken from many different types of physicians who submit tissue samples from all areas of the body. There also dermatologists who have received fellowship training in pathology who only review dermatology tissue samples. They are more highly trained in detecting melanoma than a general pathologist.

A mistake in the chain of events in one or more the areas described above may result in a biopsy being reported as normal. All too often when this occurs there is a failure to diagnose the melanoma in time to prevent its spread. That may mean a cancer which was highly treatable may require highly invasive and disfiguring surgery, radiation or chemotherapy, or, sadly, may result in a terminal cancer.

Do You Think You May Have A Medical Malpractice Claim?

If you believe you may have a Florida medical malpractice claim you need to speak with an experienced medical malpractice attorney, in order to comply with Florida’s pre-suit investigation requirements, and the strict time limits involved. Contact us online or call our office directly at 888-207-0905 to schedule a free consultation to discuss your case. Even if we are unable to take on your case, we always do our best to suggest other attorneys who can assist you.

The post My Dermatologist Failed To Diagnose My Melanoma first appeared on Car Accident Lawyer | Jim Dodson Law.

Eyelid Plastic Surgery Goes Terribly Wrong

Richard — Wed, 02 Nov 2022 13:12:19 +0000

Barbara was like many women who get into their 60s and desire a younger look. She wanted it for herself. She wasn’t happy with her eyelids or the loose skin on her forehead. An ad for a plastic surgeon who was doing seminars in her community caught her eye. She made arrangements to attend and was captivated by his presentation on how dramatically he could improve someone’s appearance with simple procedures. At the end of the seminar she had a personal consultation with the doctor. She put down a sizable deposit and made arrangements for surgery to be done in the weeks that followed.

The Doctor Was Very Personable When “Selling” the Surgery

The doctor’s office was more than an hour from Barbara’s home. His office arranged personal transportation for her to and from the surgery center. It all seemed so professional. She went through the pre-surgical consultation, during which the doctor demonstrated exactly where he would be operating. It would take only a few hours. She was taken into the operating suite and the operation seemed to go smoothly. After the procedure, she was held in a post-surgical area for a short time before she was transported back to her home.

Eyelid Surgery is Not Without Some Risk

One of the procedures the doctor performed on Barbara was an upper blepharoplasty. This procedure involves removing some of the excess tissue and fat of the upper eyelid to give the patient a much brighter open-eyed look. A known but very rare complication of an upper blepharoplasty involves unexpected bleeding of the fat tissues of the upper eyelid into and behind the eye socket. When it occurs, it is truly a medical emergency. The physician must recognize the signs and symptoms, and implement emergency procedures in order to prevent the buildup of pressure on the optic nerve from the accumulation of blood behind the eye.

Many physicians performing upper blepharoplasty surgery require a patient to remain overnight close to the doctor’s office in the event an unexpected complication might develop. Her doctor chose not to do so. Instead, his procedure was to arrange for a nurse to visit the patient in their home the day after the procedure. No regular follow-up was scheduled within seven days.

The Doctor “Dropped the Ball” When the Unexpected Happened

During the first night, Barbara experienced the usual pain, swelling, and bruising expected from the surgery. Some blurred vision is not uncommon. What was uncommon, however, was the markedly decreased vision in one eye she began to experience the following morning as well as severe swelling. She and her husband brought this to the nurse’s attention during that first follow-up visit. The nurse examined her and confirmed she had significant reduction in vision. The nurse actually called the doctor during the visit and was told it was normal.

During the remainder of that day, Barbara’s vision became increasingly worse. Anxious, her husband called the doctor’s emergency number. The doctor returned the call and asked Barbara’s husband to perform a simple vision test, which confirmed she was unable to see two fingers held in front of her eyes. Incredibly, the doctor continued to insist there was nothing unusual about what it was she was experiencing. As a precaution, he sent a nurse to their home the next day. The nurse noted severe swelling of Barbara’s eye (the eyelid would not completely close) and markedly decreased vision. Again, the doctor failed to recognize what was happening and told her the condition was completely normal.

Too Little, Too Late

When Barbara’s vision did not improve, she and her husband made an emergency visit to the doctor’s office. Upon examination, the doctor recognized this was unusual and potentially catastrophic. However, rather than take immediate action to surgically reduce the pressure on the optic nerve, he prescribed her medication and referred her to a specialist in another city. The referral took another day.

Ultimately, Barbara lost vision and became essentially blind in that eye. The specialist diagnosed her symptoms as “retrobulbar hemorrhage,” a relatively rare complication of upper eyelid surgery, but a highly treatable one if diagnosed and acted upon timely. This complication occurs when blood from the upper eyelid leaks into the cavity behind the eyeball. As fluid fills the eye socket, it squeezes the optic nerve and leads to catastrophic vision loss. This is a well-documented potential complication known by all oculoplastic surgeons performing these surgeries. The specialist Barbara saw explained to her that in order to save her vision, emergency medical attention would have been needed, generally within the first 24 hours. By the time she was in the surgeon’s office, they were well outside of that time frame.

Attorney Jim Dodson Files a Medical Malpractice Lawsuit

Barbara and her husband were referred to medical malpractice attorney Jim Dodson. After a careful pre-suit investigation, which included having all of her surgeon’s medical records reviewed and having her examined by a well-qualified oculoplastic surgeon, Jim sued Barbara’s plastic surgeon for medical malpractice. The lawsuit alleged the surgeon had failed to meet the accepted standard of care by failing to recognize Barbara’s medical emergency, and by failing to refer her immediately to an emergency room or otherwise take corrective surgical action to save her vision.

Barbara’s case was settled on a confidential basis.

Barbara and her husband became quite close to Jim and his staff during the handling of her case. Although they lived several hours from our Clearwater office, Jim visited with them in their home on several occasions working with them on the lawsuit. They have remained in contact since Barbara’s case was settled and we’re privileged to have had them as clients.

If you believe your medical practicioner was negligent or you may have been subjected to medical malpractice you need to speak with an experienced attorney. Contact us online or call us directly at 888-207-0905. We will be happy to answer any questions during your free consultation. Based on your specific circumstances, we may co-counsel with your case with another medical malpractice attorney.

It’s important to keep in mind, in order to have a solid medical malpractice claim your doctor must have been negligent in performing their services or diagnosis. Not every case will qualify as medical malpractice.

The post Eyelid Plastic Surgery Goes Terribly Wrong first appeared on Car Accident Lawyer | Jim Dodson Law.

Tummy Tuck Nightmare

Richard — Wed, 02 Nov 2022 13:12:19 +0000

Patty was a vibrant single woman in her early 40’s who wanted to improve her appearance. She sought the care of a plastic surgeon for abdominal liposuction and breast modification. During the liposuction procedure, the doctor allowed an instrument to make contact with her abdomen, causing a 3rd degree burn below her naval. Unfortunately, despite extensive treatment by her doctor, the burning resulted in significant scarring near her naval.

The Doctor’s Mistake Leads to More Surgery

Patty was unhappy with the scarring. The doctor’s efforts to improve or revise it were unsuccessful. The treatment he recommended was a tummy tuck, also known as an abdominoplasty. The doctor suggested not only would it remove the scar, but it would eliminate some persistent accumulation of fat in her lower midriff. She and the doctor had several conferences on how the surgery would be performed and the location of the surgical incision. Patty understood he would be doing a traditional tummy tuck through an incision from the left to the right hip below the navel. The surgery would remove the scar and small pocket of abdominal fat. The incision was to be placed low enough to be concealed by a two-piece bathing suit. Patty agreed to the surgery and it was scheduled.

The Doctor Leaves Horrible Disfiguring Scars

To her shock and amazement, when Patty awoke from surgery she found the doctor had made the incision from below her left shoulder blade, through her flank, beneath her naval, and around her right flank to beneath her right shoulder blade in the back. The incisions were extremely apparent and were not in a position to be concealed by traditional two-piece swimwear. Not only would she suffer the pain from the excessive incision, Patty would have to deal with the disfiguring scars as well. How could this have occurred?

When she tearfully protested to the surgeon that the incisions were nowhere near where they had discussed, he agreed to do some revisions to try to minimize the appearance of the red and inflamed surgical scars. Despite his efforts and her diligence in applying topical ointments to minimize the scarring, she was left with permanent and disfiguring scars.

Patty Hires Jim Dodson

Patty sought the help of Clearwater medical malpractice attorney Jim Dodson. Jim had a professional photographer document the extent of her scarring. He consulted with a Board Certified plastic surgeon in Atlanta with years of experience in abdominoplasty surgery. It was his opinion that Patty’s plastic surgeon had violated the acceptable standard of care in performing the surgery in that he had not only extended the incision much too far, but had placed it incorrectly to accomplish the purpose of the surgery. After examining Patty, the expert believed her scar would be permanent. As a result, Patty sued her plastic surgeon.

Settlement efforts were unsuccessful and it was necessary to try Patty’s case against her plastic surgeon in a multi-day jury trial. As in virtually all malpractice cases, the defense found a well-qualified expert who testified that her plastic surgeon had, in fact, met the standard of care he owed to her wrong.

Patty’s plastic surgeon, of course, testified there was never an agreement to limit Patty’s surgical scars from hip to hip, and that Patty was told clearly before the surgery exactly where the scars were to be placed and that he had marked them on Patty’s body with a marker during their pre- surgical meeting. Patty contradicted the doctor’s testimony and suggested to the jury no person, particularly a woman, would ever voluntarily agree to have such scars on her body.

The Jury Awards Patty $1.2 Million

Despite the best efforts of the defendant doctor, the defense expert plastic surgeon, and the defense lawyers, Jim successfully convinced the jury that Patty’s expert and her testimony were more compelling and believable. They returned a verdict for Patty of $1.2 million against the plastic surgeon.

Although the jury awarded Patty the compensation they felt was required in order to make her whole, she still must live with the scar on her body which was left by the surgeon’s mistakes. Patty was thankful for the result Jim was able to accomplish for her and for the jury who believed her and held the doctor responsible for what he had done.

Proving Medical Malpractice

There are always risks in any medical procedure, that is why you are asked to sign consent forms. It’s important to realize that your surgeon or medical practitioner is not always responsible for adverse results stemming from your procedure. To have a legitimate medical malpractice claim, your surgeon or doctor had to have been grossly negligent.

In order to prove a medical malpractice case you must have a witness, an expert in the medical field or retlated area, that is willing to testify on your behalf. Without one there is no chance of trying, let alone winning, your case.

There is a huge misconception regarding the precieved “winning” of a medical malpractice claim. A physician or surgeon is not going to simply settle in order to keep the case from going to court. Accusations of medical malpractice can ruin a medical care practitioner’s reputation and career. They will be more than willing to go to court in order to protect their themselves and definitely don’t take medical malpractice accusations lightly. If you don’t have a claim of negligence that can be proven you simply don’t have a medical malpractice claim.

Do You Think You May Have A Medical Malpractice Claim?

The post Tummy Tuck Nightmare first appeared on Car Accident Lawyer | Jim Dodson Law.

Surgical Error in Florida Resulting in Internal Bleeding

Richard — Wed, 02 Nov 2022 13:12:18 +0000

Major and even minor surgical procedures carry risk. Complications include internal bleeding that may go undetected during a patient’s critical postoperative time period. Where something has gone wrong and a physician is at fault you may be entitled to compensation in which case contact a medical malpractice lawyer. It’s vitally important that healthcare professionals employ practices and methods that can correctly diagnose a condition if the patient begins to show any abnormal signs or symptoms, including changes in baseline vital signs such as pulse, respiratory rate, and blood pressure.

Surgery Risks & Precautions That Should Be Taken

A postoperative patient’s condition can go from stable to critical quickly if internal bleeding occurs. That’s when there should be an immediate callback of the surgical team and emergency protocols instituted. Healthcare professionals can and should be held responsible for their decisions during these crucial moments.

Before a patient undergoes surgery, his or her medical history is taken. This information is a key component in avoiding problems during and after surgery. Patients should be asked about their current medications and any unusual bruising or bleeding episodes.

Causes of Internal Bleeding After Surgery

The causes of internal bleeding may be due to a number of conditions such as damage to a blood vessel, insufficient blood clotting factors, and anticoagulant drugs. Internal bleeding can also be the result of trauma due to accidents, sports injuries, aneurysms, broken bones (especially large ones), blood-related diseases, kidney disease, GI conditions, ruptured cysts, stomach ulcers, and tuberculosis. Lastly, internal bleeding can result from surgical error.

Symptoms of Internal Bleeding

Internal bleeding is sometimes obvious, stemming from wound leakage, for example. But other times the symptoms are not clear-cut. Health care professionals must evaluate where bleeding is located, how much has occurred, and what parts of the body are affected. Internal abdominal bleeding causes pain and may be the result of gallstones, appendicitis, ulcers, pancreatitis or other conditions.

If enough blood loss has happened, the patient may be weak or feel lightheaded and exhibit symptoms of stroke. Critically low and/or falling blood pressure should ring alarm bells as well. In such a case, ordering tests without an actual physical examination—as happens perhaps too often—may be wholly inadequate. To make matters even more complicated, the patient may be admitted to a medical facility in an unconscious state and be unable to describe where pain or bleeding is taking place.

Managing Internal Bleeding After Surgery

Managing postoperative internal bleeding requires early recognition of this potentially devastating complication. If a surgeon has inadvertently nicked a large vein leading to a high-pressure bleed for example, the results could be fatal within a short period of time. During any postoperative period the surgeon must remain alert for signs of hemorrhage. These can be subtle or missed or falsely attributed to postoperative fluid shifts. One study found 77 percent of abdominal re-explorations being performed within twenty-four hours of the primary operation. That’s when the results are most optimal for the patient. After that, the mortality rates increase dramatically.

Contact an Experienced Florida Medical Malpractice Attorney for a Surgical Error Resulting in Internal Bleeding

Any surgical patient runs the risk of possible complications. If you or someone you know has experienced internal bleeding due to surgical error in Florida, please contact our office to speak with an experienced medical malpractice attorney. You can contact us online or call us directly at 888-207-0905. We will be happy to answer any questions during your free consultation.

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Failure to Diagnose an Infection in Time After Surgery

Richard — Wed, 02 Nov 2022 13:12:18 +0000

Failing to diagnose a condition can be a difficult because it suggests that something or somethings have gone wrong in the patient during surgery. Medical negligence during a surgical procedure can result in infection, infection and sepsis (blood infection), immune system failure, damage to internal organs resulting in permanent injury and, in extreme cases, death. Surgical errors occur in a variety of ways: wrong site surgery, accidental lacerations or perforations of an internal organ, uncontrolled blood loss, or a foreign object being unintentionally left in the body.

Correctly Diagnosing an Infection in a Timely Manner

Detecting the source and seriousness of the infection is often a process by medical staff of narrowing down or eliminating a number of possibilities—through blood tests, radiological tests, and other types of lab work—to arrive at the potential cause. If done in a timely and thorough manner, treatment in the form of IV fluids and antibiotics can be administered. If a patient doesn’t respond to the first round of medication, alternatives that will work should be found. Physicians must also be willing to consult specialists to avoid letting their patients suffer needlessly.

Example of an Infection Caused By Possible Medical Negligence: Sepsis

Sepsis is a condition in which a bacterial infection reaches the blood, and the patient’s immune system has a strong reaction to it resulting in tissue damage, organ failure, and possible death. Septic shock is another term used when this happens.

Abdominal and intestinal surgeries are often dangerous for the very risk of sepsis when bleeding may go undetected in the postoperative period. Early symptoms are fever/chills, low body temperature, infrequent urination, nausea, vomiting, diarrhea, and rapid pulse and breathing. Ranging from less to more severe as it worsens, sepsis inhibits blood flow to key organs and can cause blood clots to form in arms, legs, fingers, and toes.

Patients at higher risk than normal to contracting sepsis are the very old or very young, patients with diabetes or cirrhosis, patients with invasive devices like catheters or breathing tubes, and patients who have wounds or injuries or burns. Close monitoring and charting by medical professionals is imperative to narrow the risks of sepsis after surgery.

The Danger of Incorrect or Tardy Diagnosis

Infections at the sight of a surgical incision or in internal locations may cause symptoms like fever, fatigue, headache, nausea, vomiting, and swollen lymph nodes. Failing to diagnose a post-surgical infection can make other interventions necessary: a breathing tube, long-term IV antibiotic use, subsequent surgery, or oxygen therapy. These treatments are expensive and usually quite painful. If a patient enters a hospital for a relatively minor operation, he or she could end up with a serious staph or MRSA infection and go through a barrage of treatments that may or may not be successful.

For example, if a preventable staph infection invades the lungs, serious complications could arise. A hospital may not be responsible for a patient getting such an infection, but resulting harm based on failure to diagnose or treat the infection in a timely way is another matter.

Contact an Experienced Attorney for Surgical Neglect and Infection

Any surgical patient runs the risk of possible infection. Mistakes that may give rise to malpractice liability for an infection acquired during surgery include inadequate blood supply to dissected/manipulated tissue, dead space left to collect bacteria, or debris touching the wound.

If you believe your medical practitioner was negligent or you may have been subjected to medical malpractice you need to speak with an experienced attorney. Contact us online or call us directly at 888-207-0905. We will be happy to answer any questions during your free consultation.

The post Failure to Diagnose an Infection in Time After Surgery first appeared on Car Accident Lawyer | Jim Dodson Law.

Doctor Failed to Diagnose & Treat My Chronic Kidney Disease

Richard — Wed, 02 Nov 2022 13:12:18 +0000

Chronic kidney disease, or CKD, is the most under-recognized public health crisis in the US, according to the National Kidney Foundation, affecting an estimated 37 million people—15 percent of adults. And more than 660,000 Americans are being treated for kidney failure, which is stage five of end stage renal disease.

What is Chronic Kidney Disease or CKD & What are the Causes?

Chronic kidney disease means that your kidneys are damaged to the point of losing their ability to clear out body wastes and excess fluid. You may develop other problems such as anemia, high blood pressure, weak bones, poor nutritional health, and nerve damage.

Because kidneys are so critical to the body’s healthy functioning, CKD increases the risk of having heart and blood vessel disease, happening slowly and without symptoms in the early or undetected stages. The two main causes of CKD are diabetes and high blood pressure. If and when kidneys fail, the only options are dialysis or kidney transplant.

When symptoms of kidney disease are present, it is vital that primary care physicians test for a key indicator of renal disease, the Glomerular Filtration rate (“GFR”). It is the best test to measure the level of kidney function and determine the stage of kidney disease. A falling GFR, combined with a dangerously high Creatinine level, are both signs of renal injury or failure.

Example of What Happens to a Patient if a Doctor Fails to Diagnose Chronic Kidney Disease

Here is a case in point. A male patient was under the long term care of a primary care doctor. The patient was routinely given tests for kidney function, blood sugar, and cholesterol. At a certain point in time, however, the doctor failed to diagnose and treat a falling GFR that continued for two more years. By that time the patient’s GFR was dangerously low and his Creatinine level was dangerously high.

The patient collapsed and was taken to a hospital emergency room where lab test reports showed that his Creatinine level was 9157 Units/L at the time he arrived; the normal range is 39-308 Units/L. The patient had gone into extreme renal failure, suffered a heart attack, and died a day later.

Failure to exercise the accepted standard of care showed itself in three ways: failure to timely recognize a falling Golmerular Filtration Rate (GFR) in blood tests over a two-year period; failure to timely and appropriately treat the patient to correct his falling GFR; and failure to timely and appropriately manage his medication regimen including, but not limited to a drug known to cause changes in renal function including acute renal failure.

It’s important to note that acute renal failure is not always permanent. With adequate treatment, such as dialysis or transplant, the patient may go on to live for many years. In this particular case, tragically, the consequences resulted in the patient’s untimely death.

Do You Think You May Have A Medical Malpractice Claim?

The post Doctor Failed to Diagnose & Treat My Chronic Kidney Disease first appeared on Car Accident Lawyer | Jim Dodson Law.

I had an Upper Endoscopy Test that Caused an Abdominal Tear

Richard — Wed, 02 Nov 2022 13:12:18 +0000

To diagnose patients’ gastrointestinal discomfort or pain, doctors frequently order an EGD (esophagogastroduodenoscopy), also known as an upper endoscopy test. It examines nausea, vomiting, abdominal pain, difficulty swallowing, and gastrointestinal bleeding.

What is an EGD (Esophagogastroduodenoscopy) or Upper Endoscopy Test and is the Procedure Safe?

An endoscope is inserted in the mouth, and the doctor passes the instrument down the esophagus. A tiny camera at the tip transmits images to a video monitor in the exam room, looking for abnormalities in the digestive tract. Images can be recorded for later examination. Specific surgical tools can also be passed through the endoscope to collect tissue samples or remove polyps.

Although generally considered a safe and fairly quick procedure, complications can arise. Signs and symptoms that not all is well include fever, chest pain, shortness of breath, difficulty swallowing, severe or persistent abdominal pain, and vomiting. These could be caused by bleeding, infection, tearing of the gastrointestinal tract, or a reaction to the initial sedation.

Example of What Happened to a Patient Who had an EGD that Caused a Perforated Viscus

A worst-case scenario involving a perforation or tear in the GI tract can cause the contents of the stomach, small intestine, or large bowel to seep into the abdomen. There, bacteria can enter and possibly lead to peritonitis, which can cause blood poisoning or sepsis—a life-threatening condition.

Here is a case in point. A woman complaining of loss of appetite and weight loss went to her primary care physician for evaluation. He referred her to a doctor for an EGD procedure. However, the second doctor did not bring the patient into his office for a pre-procedure evaluation. Instead, he performed an upper GI endoscopy, took multiple biopsies, and removed a polyp with a hot snare.

Approximately an hour later, the patient was discharged home but fainted from abdominal pain as she was getting into her car. She was returned to the surgery center and evaluated by the same doctor, at which point she was pale with shallow breathing, and she was non-responsive. Intravenous fluids were started and pain medication administered. The patient revived but complained of continued abdominal pain. The doctor failed to order any diagnostic testing to determine the cause of pain. No further investigation was made, and she was discharged.

At home the patient continued to feel pain and began vomiting. Her husband tried to reach the doctor, who did not return his calls. Then he called the surgery center which then made contact with the doctor. The patient was instructed to go to the emergency room. There a CT scan of the abdomen was done, showing a moderate amount of free air in it, likely from a perforation of the viscus caused by the EGD performed by the doctor earlier that day.

Spending several weeks in the hospital trying to heal from the perforation, the patient died less than a month after the EGD procedure from a perforated viscus.

The Doctor’s Negligence is Considered Medical Malpractice

Careless and negligent in the care and treatment of the decedent, the doctor failed on two major counts: failure to order imaging studies after the EGD when the patient complained of post-procedure pain and fainted; and failure to consider and include possible perforation on his post-procedure diagnosis assessment, which would’ve required him to order more diagnostic tests to rule out perforation.

Do You Think You May Have A Medical Malpractice Claim?

If this type of incident has happened to you or anyone in your circle or family, you should speak with a reputable medical malpractice attorney. The state of Florida has strict time limits on when such a claim may be brought. If you delay in consulting with an attorney, your opportunity to pursue a claim may be lost entirely.

Contact us online or call our office directly at 888-207-0905 to schedule a free consultation to discuss your case. Even if we are unable to take on your case, we always do our best to suggest other attorneys who can assist you.

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My Doctor Failed to Notify Me of a Positive Mammogram

Richard — Wed, 02 Nov 2022 13:12:18 +0000

According to studies cited in the The Archives of Internal Medicine, up to 16 percent of women with breast cancer experienced physician-caused delay in diagnosis. This statistic suggests that at least 10,000 women who have been diagnosed with an abnormal mammogram will experience delay in their treatment because of a mistake by their doctor.

This sort of occurrence happens too often, despite increasing improvements in screening for and treatment of breast cancer. The consequences of your doctor’s failure to act may include: failing to order additional imaging or other tests including diagnostic mammogram, ultrasound, fine needle aspiration, or biopsy or your doctor’s failure to refer you to a specialist even with abnormal physical findings of the breast.

Is the Delay in the Diagnosis of a Positive Mammogram Considered Medical Malpractice in Florida?

Here is a case in point. A female patient, under the care of an internal medicine primary care doctor, was being treated for hypertension, atrial fibrillation, and diabetes. As part of her workup, the doctor ordered mammograms.

In late February the patient underwent a bi-lateral mammogram. Within a day the radiologist read the right breast mammogram and reported that a large 6 centimeter irregular mass in the retro areolar with skin thickening was seen. For this situation cancer must be considered. The radiologist added that biopsy was recommended and ultrasound correlation might also benefit.

The physician’s office received the mammogram results the same day. But no member of the staff or the physician informed the patient of the troubling results and the need for immediate workup for breast cancer. Approximately six months later, the patient followed up with the physician, complaining of a rash on her right breast. The physician finally palpated the mass in the right breast and sent her for immediate follow up with a surgeon but failed to inform her of the February abnormal mammogram.

Failure to exercise the accepted standard of care showed itself in two ways: 1) failure to inform the patient that her diagnostic mammogram showed a large, irregular mass, highly suggestive of malignancy, and 2) failure to obtain immediate follow up treatment by a surgeon and oncologist for the patient after the February mammogram results were obtained.

The delay in diagnosis of the breast cancer, due to negligence on the part of the doctor and office staff, may result in lost opportunity for successful treatment entirely or may result in much more aggressive and debilitating treatment caused solely by the delay.

Do You Think You May Have a Florida Medical Malpractice Claim?

If you believe you have been the victim of a delay in timely notification and treatment of an abnormal mammogram or other diagnostic test, you should talk to an experienced medical malpractice attorney. Florida has strict time limits on when such a claim must be brought. If you delay in consulting with an attorney, your opportunity to pursue a claim may be lost entirely.

The post My Doctor Failed to Notify Me of a Positive Mammogram first appeared on Car Accident Lawyer | Jim Dodson Law.