In a 1996 episode of the hit show Seinfeld titled “The Package,” Elaine, played by Julia Louis-Dreyfus, gets a rash and seeks medical care. She peeks in her medical record (then a written document) to find that she has been labeled “difficult.” That one word stigmatizes her, ultimately preventing her from getting the care and treatment she needs.
Minimally invasive surgical procedures (laparoscopic, thoracoscopic, and arthroscopic) come with many benefits. Ideally, patients spend less time in the hospital, have less scarring, and recover more quickly.
When doctors are negligent, patients can suffer a wide range of injuries, including nerve damage.
Many people who call my office looking for assistance figuring out if they have a medical malpractice claim tell me they have their medical records.
Scenario: You don’t feel well, and you visit your primary care provider, who recommends further labs tests in order to diagnose your problem. You diligently get the lab work done.
Artificial intelligence (AI) is being used in various ways in many different industries, and the medical field is no different. AI can help with diagnostic testing and analysis, among other things, which can make the healthcare process more efficient for doctors.
Have you ever wondered, and even gotten slightly annoyed, when you go to the doctor’s office and get asked several times for your name and date of birth?
The Institute for Healthcare Improvement has developed a National Action Plan to address concerns that current efforts to reduce preventable harm have not been successful.
Ohio residents wanted to get back to “normal” after shutting down the economy in late summer 2020. Businesses were fearful of reopening and getting blamed for spreading the COVID-19 virus.
Transforming Primary Health Care for Women is the title of two recent reports published by The Commonwealth Fund. Both authored by Laurie Zephyrin, Lisa Suennen, Pavitra Viswanathan, Jared Augenstein, and Deborah Bachrach, the first examines the gaps in primary health care for women...
According to Janette Bisbee, education/project manager for pressure injury prevention at The Hospital and Healthsystem Association of Pennsylvania’s Hospital Improvement Innovation Network, more than 2.5 million Americans a year suffer from pressure injuries and 60,000 die from them...
Poet Nikki Giovanni said “Mistakes are a fact of life. It is the response to error that counts.” Eleanor Roosevelt advised people to “learn from the mistakes of others. You can’t live long enough to make them all yourself.” ...
There is no doubt that the COVID-19 pandemic is a concerning time. It is especially frightening for patients testing positive for the novel coronavirus, as well as the healthcare providers and companies working to treat patients and combat this outbreak...
Medical error is the third leading cause of death in the United States. In the last few years, some progress has been made in reducing the number of preventable deaths by increasing patient safety measures...
Imagine going to the hospital for surgery to remove a diseased organ, only to wake up with the wrong organ missing! That’s precisely what happened to Dena Knapp in October of 2016. She went in to have her adrenal gland removed, but the surgeon removed her kidney instead...
In the United States, between 600 and 1600 newborns are dropped in hospitals every year. The AHRQ (Agency for Healthcare Research and Quality) defines a newborn drop as “a fall in which a baby being held or carried by a health care professional, parent, family member, or visitor falls or slips from that person’s hands, arms, laps, etc....
Defining Communication Errors Understanding communication errors is a pretty straight forward endeavor. Errors or lapses in communication between medical staff can cause mix-ups in treatment, miscalculations when trying to determine how best to help a patient, or the loss of critical patient information. These medical errors can range in seriousness, and in many cases can lead to ...
Widower Awarded Nearly $5 Million After Malpractice Trial In December of 2017, an Illinois jury awarded a widower $4.78 million in a malpractice suit he filed on behalf of his wife. Nathan Cain’s wife, Candice, died in 2012. Just four months earlier, she had undergone an endoscopic procedure, performed by ...
Georgia Hospital Ordered to Pay $26 Million in Medical Malpractice Case Sandra Williams needed neck surgery after she ran a 5k race in October 2012. However, rather than successfully repairing the issues in her neck, the surgery left her severely disabled. Ms. Williams filed suit against the surgeons who performed ...
Should Doctors Say “I’m Sorry” When Things Go Wrong? Human illnesses and other conditions can be unpredictable. Doctors and other medical professionals do the best they can, but sometimes things go wrong, and patients are injured or even die. When it becomes clear that a patient may not recover, many ...
Teaching Hospitals Perpetuating Bad Habits We rely on our doctors, nurses and healthcare professionals to provide the best care possible when we are faced with an illness, medical crisis or surgery. There are rules and regulations in place to ensure that medical professionals and facilities are in tip-top shape. From ...
How can I prevent medical errors? It may be difficult to imagine your trusted medical professionals making a mistake, but unfortunately it happens all too often. In fact, medical negligence is now the third leading cause of death in the United States. Errors can happen anywhere in the medical ...
Frequently Asked Questions about Medical Malpractice in Ohio If you feel that you or a loved one has been injured due to the negligence of a medical professional, you may be wondering what steps you should take next. The guide below answers some of the most common questions our new ...
What is a Risk Manager? Whose Side Are They On? Risk managers work in hospitals and other medical facilities. The goal of risk management is to do exactly what the title suggests—to manage the risk faced by the medical facility and its staff. Specifically, risk managers are responsible for handling ...
The Myth that Personal Injury Attorneys are at the Bottom of the Barrel Attorneys in my field are often portrayed as the bottom of the barrel – “ambulance chasers” willing to bend the laws and our morals to extort money from health care professionals. Don’t believe me? Look no further ...
Why Doctors Must Obtain Informed Consent Although it is scary to think about having to undergo a surgical procedure, most people will “go under the knife” at some point in their lives. Whether it is as simple as the removal of wisdom teeth, or as complicated as a quadruple bypass, ...
Sorry. Not Sorry. “Sorry. It’s my fault. Totally. My mistake, I wasn’t paying attention” confessed the middle-aged man after he ran a red light and hit my car. I was relieved that he accepted responsibility because the damage was in the thousands of dollars. But then he got a lawyer paid ...
Know Your Surgeon: The Story of a Fake Plastic Surgeon A disturbing story out of Denver, Colorado serves as a cautionary tale to anyone undergoing the knife: do your research. Carlos Hernandez Fernandez is a surgical assistant from Mexico. However, Fernandez posed as a doctor and performed surgical procedures on dozens ...
Do No Harm: The Origin and Evolution Of Medical Malpractice Laws The history of medicine goes back thousands and thousands of years. The intersection of law and medicine goes back quite some time, too. In fact, some of the earliest written laws govern the practice of medicine. In the 19th and ...
Autopsies May Be Used to Pinpoint Medical Malpractice Medical errors are one of the leading causes of death in the United States—in fact, it comes in at number 3, outranked only by heart disease and cancer. When a loved one dies, how can the remaining family members determine if a medical ...
Medical Malpractice Killed Woman, Family Finds Out Two Years Later Losing a loved one is never easy. However, finding out that a loved one’s death was entirely preventable—and was covered up by medical professionals—is a nightmare no family should endure. Nearly two years after an 87-year-old woman passed away in a Texas ...
Medical Malpractice Reform Likely on the Horizon The Republican Party’s proposed healthcare bill famously died recently. Now, it has been resurrected and passed by the U.S. House of Representatives. Many health policy experts have stated that there are other types of reform the Trump administration may try to set in motion. Michelle ...
Medical Malpractice Claims Decrease While Injuries & Compensation Increase Medical malpractice lawsuits are filed when a patient alleges that a medical professional caused some type of injury or even death during or after a medical procedure. Doctors, nurses, dentists, chiropractors, physical therapists, and other medical professionals may all be named as defendants ...
A Promising Future for Premature Babies Premature babies are at risk of developing a number of scary complications. When a baby is born too early, its organs are not fully developed and the baby is not ready for life outside of the safety of the womb. Therefore, it may be difficult ...
Simple but Scary: These Medical Malpractice Statistics Will Make you Sick Medical errors are the third leading cause of death in the United States, behind only heart disease and cancer. According to a large study that examined 251,000 deaths from 2000 to 2008, medical errors may account for 700 deaths ...
Medical malpractice is a huge problem in the United States. Every July, The National Medical Malpractice Advocacy Association (NMMAA) organizes and promotes National Medical Malpractice Awareness Month. The goal of this month is to raise awareness of medical malpractice and to help end negligent acts of harm caused by ...
Beware of “Observation Status” For Medicare patients, “observation status” may have significant consequences Consider the following scenario: a 70-year-old man enters the hospital to undergo treatment for some symptoms he has been experiencing. He stays in the hospital for several days and nights. Later, he finds out that he was never actually ...
Myth that there are certain types of people who file medical malpractice lawsuits I get several phone calls a day from potential clients calling to see if they have a medical malpractice case. And until the medical establishment really focuses its efforts on patient safety, I will keep getting calls. That’s ...
The Myth of Defensive Medicine What’s the point of all those diagnostic tests? Patients are well aware that doctors are nervous about medical malpractice lawsuits. Doctors who order test after test after test often claim that they do so to avoid being sued, but that isn’t necessarily true. The truth is, doctors sometimes ...
It is important to know the views of the candidates in Presidential elections as well as elections at the state and local levels. Medical malpractice laws have an impact on the amount of compensation a victim receives. I spend a lot of time talking with prospective clients about why they do ...
What Your Primary Care Provider Doesn’t Know CAN Hurt You Is your PCP reluctant or unwilling to refer you to a specialist? When you need a physical, or you’re feeling under the weather and suspect something just isn’t right, you probably contact your primary care provider (PCP) to be evaluated. Hopefully, you don’t ...
What to Consider When Choosing a Hospital to Give Birth Start your selection process early to ensure the best chances of a safe delivery There were more than 3.9 million births in the U.S. in 2013 alone. That means there’s a baby born about every seven seconds! More than 98 percent of ...
The right malpractice attorney will restore your faith and help you get justice for what you have suffered As a victim of medical malpractice, you have already experienced betrayal at the hands of a professional. You trusted medical providers to help you, to take care of your medical condition, and to ...
In Medical Malpractice, we’re not fighting for the money, we’re fighting for what it represents for you and your family, and for every potential victim of negligent healthcare At The Eisen Law Firm, our Cleveland medical malpractice attorneys have focused exclusively on medical malpractice law since 1976. That’s a really long ...
Another Look at the Pending Joan Rivers Medical Malpractice and Wrongful Death Suit Medical malpractice may be one of the great equalizers despite wealth and privilege Many people believe that wealthy people get better medical care than the poor. There is good reason to believe that is true. Many studies show that ...
The Pervasive Problem of Securing Expert Medical Testimony for Injured Malpractice Plaintiffs Medical malpractice cases are complex, often hinging on complicated medical evidence. These cases require extensive expert opinion and testimony that can only be given by qualified, practicing physicians. However, obtaining this expert testimony is more difficult than one might ...
The Eisen Law Firm just settled my case, now what? Step-by-step guidance throughout each stage of the legal process even after your case is won Navigating the complex legal system is often a daunting prospect, but you don’t have to face the uncertainty alone. At The Eisen Law Firm, our Cleveland medical ...
Nurses Point to Medical Device Interactions to Reduce Mistakes Caregivers assert time spent managing technology could be better spent attending to patients Hospitals and medical offices are constantly adopting and upgrading technology like electronic health records and diagnostic equipment. Unfortunately, these devices do not always communicate efficiently with one another, if at ...
Prominent Ohio Medical Malpractice Attorney, Brian N. Eisen, of The Eisen Law Firm Presenting at Cleveland Academy of Trial Attorneys 2015 Litigation Institute Cleveland, Ohio — Eisen Law Firm Managing Partner Brian N. Eisen, will be speaking at the Cleveland Academy of Trial Attorney’s 2015 Litigation Institute on Friday, April 24, ...
When Policy Prevents Life-Saving Protocols Two years ago, an 87-year-old woman named Lorraine Bayless passed away in Bakersfield, California. She was living in a senior living facility at the time. This seems like a common enough occurrence, except for one thing: when Bayless stopped breathing, a nurse stood there watching, rather ...
Earlier this month, the Centers for Disease Control and Prevention released its annual National and State Healthcare-Associated Infections Progress Report. The report summarizes and analyzes data from the CDC’s National Healthcare Network, tracking infection prevention efforts from 2008 to 2013. While some of the results were promising, others fell far ...
A medical malpractice lawsuit involves a lot of paperwork, and one of the first items an attorney will likely seek out are your medical records. Assuming it was properly kept, your medical record details all of the decisions doctors and other healthcare providers made during your treatment, and can ...
Medical Malpractice Damage Caps are Undermining Juries Across the country, states including Ohio have passed laws instituting damage caps on non-economic loss following an incident of negligent care from a medical provider. While the laws supposedly were passed to deter frivolous lawsuits, the reality is that these laws take away the ...
Five Tips for Protecting Yourself in the Hospital A malpractice lawsuit is a complicated ordeal, involving numerous documents, medical records, expert testimony and other considerations. In total, it typically takes more than two years from filing a claim to reaching a resolution. Anything you can do to assist your attorney in ...
A significant motivating-factor for tort reform across the U.S. has been the assertion that physicians will practice better, more efficient medicine without the threat of so-called “frivolous” lawsuits or major monetary verdicts. In other words, they would not practice “defensive medicine,” ordering tests that aren’t really needed just to protect ...
“The McDonald’s coffee scalding case! The absurd multi-million dollar personal injury verdicts from around the country! The flight of physicians from areas where they were needed! The horror!” So went the narrative at the turn of the millennium from those clamoring for tort reform – with a particular emphasis on ...
In a technology-driven world, where text messages and emails are often the preferred methods of communication, we sometimes forget the importance of effective face-to-face communication. But face-to-face communication and mutual, comprehensive understanding is often essential in providing adequate medical treatment to patients. As the nation reels at the events unfolding ...
America lost a national treasure in September when Joan Rivers tragically passed away. Although she was in her 80s at the time of her passing, she led an extremely active lifestyle for a person of any age. She did not die due to her age—she died during a routine medical ...
A Connecticut hospital saw a 50% drop in obstetric malpractice liability claims and payments when it made patient safety initiatives a priority, according to a study by Yale School of Medicine researchers published in the American Journal of Obstetrics and Gynecology. By training doctors and nurses to improve teamwork and communication, and standardizing ...
An article in Sunday's New York Times (http://goo.gl/qCCmKB) discusses the poor quality of care in our nation's military hospitals. It also demonstrates that along with "persistent lapses in protecting patients," there is an appalling lack ...
Choosing an attorney to handle a medical malpractice case can be very difficult. And if it is a case involving permanent, catastrophic injuries or death, the stakes can be very high. One of the first steps in choosing the right attorney is ...