Posts Tagged ‘medical malpractice’

Tips to avoid medical mistakes

Good article today on CNN with tips patients and their families can take to help reduce the chances of surgical errors.  Remember the old saying, “An ounce of prevention is worth a pound of cure.”

Patients becoming their own advocates is especially important these days here in Texas, where “tort reform” has made it next to impossible to pursue legal claims against a doctor or hospital for medical malpractice.  Lawmakers stripped away patients’ rights but forgot to do anything to help reduce malpractice in the first place.  And with the for-profit hospitals cutting staff and jamming patients into OR’s and the doctors having to see more patients to make up for the discounted fees the insurance companies force on them, patients and their families need to be as proactive as possible to avoid errors.

Tags: medical malpractice, patient advocacy
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Oklahoma Throws Out Med Mal "Tort Reform"

My hat is off to the good judges on the Oklahoma Court of Civil Appeals.

OKLAHOMA CITY — For at least the second time in slightly more than a year, a state appeals court has told lawsuit reform proponents that they got it wrong. The Oklahoma Court of Civil Appeals has struck down a lawsuit reform statute, saying it treats medical malpractice plaintiffs differently from others who file lawsuits. The decision comes in the wake of a 2006 Oklahoma Supreme Court ruling that tossed another measure. The justices said it put medical negligence cases in a separate class from all other negligence claims and created a monetary barrier to the courts by requiring an expert witness to attest to a case’s merits. The most recent decision comes just weeks before lawmakers return to the Capitol, where a renewed battle over lawsuit reform is expected. Last year, Gov. Brad Henry vetoed a controversial lawsuit reform measure, Senate Bill 507, saying several provisions were unconstitutional, unduly restricted access to the courts, and didn’t do enough to curb frivolous lawsuits.

The Court of Civil Appeals decision issued Thursday said Lisa K. Jones could pursue her case in Oklahoma County for the alleged wrongful death of her husband, Michael W. Jones, who died after surgery at an Oklahoma City hospital. The trial court had tossed Jones’ case after she failed to inform defendants of the suit within 180 days. The appeals court said a tort reform package passed in 2003 that required such notification treated medical malpractice plaintiffs differently. The opinion said other plaintiffs had the ability to show the court why notification was not made within 180 days but that medical negligence plaintiffs had no such opportunity. The law “holds medical negligence plaintiffs to different and stricter standards than any other plaintiffs,” the opinion states.

Tags: judge, medical malpractice
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In Texas, this is worth $250,000

Because of a mislabeled tissue sample that led to a misdiagnosis, Darrie Eason of Long Island, New York had both of her breasts removed to save her from a cancer that she never had. Story here.

Thanks to insurance industry “tort deform” that swept through Texas in 2003, non-economic damages in a medical malpractice suit like Ms. Eason’s would be capped at $250,000. That’s right: All the pain and suffering, all the disfigurement, all the impairment, all the damage to her marriage, everything, is worth $250,000 tops, thanks to the 2003 Texas Legislature.

Think this is a frivolous lawsuit?

Tags: medical malpractice, tort reform
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‘Dead’ Man Wakes Up Under Autopsy Knife

A Venezuelan man who had been declared dead woke up in the morgue in excruciating pain after medical examiners began their autopsy.

Carlos Camejo, 33, was declared dead after a highway accident and taken to the morgue, where examiners began an autopsy only to realize something was amiss when he started bleeding. They quickly sought to stitch up the incision on his face.

“I woke up because the pain was unbearable,” Camejo said, according to a report on Friday in leading local newspaper El Universal.

His grieving wife turned up at the morgue to identify her husband’s body only to find him moved into a corridor — and alive.

Story here.

Tags: accident, medical malpractice
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